On Ratification of Agreement on the Eurasian Economic Union

The Law of the Republic of Kazakhstan dated 14 October, 2014 No. 240-V LRK.

      Unofficial translation

      Ratify the Agreement on Eurasian Economic Union, executed in Astana city 29 May, 2014.

      The President of the Republic of Kazakhstan N. Nazarbayev

The Agreement on the Eurasian economic union

      Entered into force from 29 May, 2014 – Bulletin of international treaties of the Republic of Kazakhstan 2015, No. 2, Article 11

      Republic of Belarus, Republic of Kazakhstan and the Russian Federation, hereinafter referred to as the Parties,

      based on the Declaration on Eurasian Economic Integration dated 18 November, 2011,

      guided by the principle of the sovereign equality of the states, the need of unconditional observation of the principle of supremacy of constitutional rights and freedoms of person and citizen,

      wishing to strengthen solidarity and deepen cooperation between their peoples while respecting their history, culture and traditions,

      convinced that the further development of the Eurasian economic integration satisfy to the national interests of the Parties,

      aspired to strengthen the economics of the member states of the Eurasian Economic Union and to ensure their harmonious development and approximation, as well as to guarantee the stable growth of business activity, a balanced trade and fair competition,

      ensuring economic progress by joint actions, directed to solving of common tasks facing the member states of the Eurasian Economic Union on sustainable economic development, comprehensive modernization and strengthening of competitiveness of national economics in the global economy,

      approving aspiration to the further strengthening of economic mutually and equal cooperation with other countries, as well as international integration associations and international organizations,

      taking into consideration the regulations, rules and principles of the World Trade Organization,

      approving its commitment to the purposes and principles of the Charter of the United Nations Organization, as well as other generally recognized principles and regulations of international law,

      have agreed that.

PART ONE
ESTABLISHMENT OF THE EURASIAN ECONOMIC UNION
Section I
GENERAL PROVISIONS Article 1. Establishment of the Eurasian Economic Union.

      Legal personality

      1. By this Agreement, the Parties shall establish the Eurasian Economic Union (hereinafter - Union, EEU), within which ensures free movement of goods, services, capital and labour power, conducting of coordinated, systematic and unified policy in the industry determined by this Agreement and international treaties within the Union.

      2. The Union shall be an international organization of regional economic integration, having international legal personality.

Article 2. Definition

      For the purposes of this Agreement shall be used the concepts, which mean the following:

      “harmonization of the legislation” - approximation of the legislation of Member States, directed to establishing a similar (comparable) regulatory legal regulation in the separate scopes;

      “Member States” - the states being the member of the Union and the Parties of this Agreement;

      “civil servants” - the citizens of the Members- States, assigned to the posts as directors of the Eurasian Economic Commission and deputy directors of the departments of Commission and the head of the Secretariat of the Court of the Union, deputy head of the Secretariat of the Court of the Union and advisers judges of the Court of the Union;

      “single economic space" - the space consisting of the territories of the Member States, on which operate the similar (comparable), and uniform mechanisms of regulation the economy, based on market principles and the application of harmonized or unified legal norms, and there is a single infrastructure;

      “unified policy"”- a policy carried out by the Member States in certain scopes, provided by this Agreement, supposing the use of the unified legal regulation by the member states, as well as on the basis of the decisions of the Union bodies within their powers;

      “international agreements within the Union” - international agreements concluded between the member states on issues, related to the functioning and development of the Union;

      “international treaties of the Union with a third party” - international agreements, concluded with the third states and their integration associations and international organizations;

      “common (single) market” - a set of economic relations within the Union, which provide freedom of movement of goods, services, capital and labour power;

      “instruction” - an act adopted by the bodies of Union, which has the organizational and administrative nature;

      “decision” - an act adopted by the bodies of Union, containing provisions of regulatory legal nature;

      “coordinated policy” - a policy, supposing implementation of cooperation of member states on the basis of common approaches, approved within the bodies of Union needed to achieve the objectives of the Union, provided by this Agreement;

      “systematic policy” – policy, implemented by the member states in the different scopes, supposing harmonization of the legal regulation, as well as on the basis of decisions of the bodies of Union, to the extent which necessary to achieve the objectives of the Union, provided by this Agreement;

      “employees” - the citizens of the member states, working in the bodies of the Union on the basis of the labor agreements (contracts), concluded with them and not being the civil servants;

      “customs union” - a form of trade and economic integration of the member states, providing a single customs territory, within which the mutual trade shall not apply the customs duties (other duties, taxes and charges having equivalent effect), non-tariff measures, special protective, antidumping and compensative measures, acting the Unified customs tariff of the Eurasian Economic Union and unified measures of regulation of foreign trade by the goods with a third party;

      “third party” - a state which is not a member of the Union, an international organization or association of international integration;

      “unification of the legislation” -approximation of the legislation of the member states, directed to establishement of identical mechanisms of legal regulation in the separate scopes determined by this Agreement.

      Other concepts used in this Agreement, shall have the meaning given in the relevant sections of this Agreement and its annexes.

Section II
GENERAL PRINCIPLES, PURPOSES, COMPETENCE AND UNION LAW Article 3 General principles of functioning of the Union

      The Union shall carry out its activity within the competence, provided it by the member states in accordance with this Agreement, on the basis of the following principles:

      respect for the generally recognized principles of international law, including principles of sovereign equality of the member states and their territorial integrity;

      respect for the features of political structure of the member states;

      ensuring of mutually beneficial cooperation, equality and taking into account of the national interests of the Parties;

      observation of principles of market economy and fair competition;

      functioning of the customs union without exceptions and limitations after termination of transitional periods.

      Member states shall create favorable conditions for performance of its functions by the Union and shall refrain from measures that could endanger the achievement of the objectives of the Union.

Article 4. The main objectives of the Union

      The main objectives of the Union shall be:

      creation conditions for stable development of economics of the members-states in the interests of improvement of living standard of their population;

      aspiration to formation a single market of goods, services, capital and labour forces within the Union;

      comprehensive modernization, co-operation and competitiveness of national economies in the global economy.

Article 5 Competence

      1. The Union shall have the competence within the limits and volumes established by this Agreement and international agreements within the Union.

      2. Member states shall carry out coordinated or systematic policy within the limits and volumes established by this Agreement and international agreements within the Union.

      3. In other scopes of economy, the member states shall aspire to the implementation of coordinated or systematic policy with basic principles and purposes of the Union.

      Subsidiary bodies (the advices of the heads of the state bodies of Parties, working groups, special commissions) on the relevant directions may be created for this by the decision of Superior Eurasian Economic Council and (or) instructions on coordination of interaction of Parties in the relevant scopes shall be given by Eurasian Economic commission.

Article 6 The rights of Union

      1. The rights of Union shall consist:

      the Agreement;

      international agreements within the Union;

      international agreements of the Union with the third party;

      decisions and orders of Superior Eurasian Economic Council, Eurasian Intergovernmental Council and Eurasian Economic Commission, adopted within their powers, provided by this Agreement and international agreements within the Union.

      Decisions of Superior Economic Council and Eurasian Intergovernmental Council shall subject to implementation by the member states in the manner provided by their national legislation.

      2. International agreements of the Union with the third party shall not contradict to the basic purposes, principles and rules of functioning of the Union.

      3. In the case of occurrence of contradictions between international agreements within the Union and this Agreement, this Agreement shall have priority.

      Decisions and orders of bodies of the Union shall not contradict to this Agreement and international agreements within the Union.

      4. In the case of occurrence of contradictions between decisions of Superior Eurasian Economic Council, Eurasian Intergovernmental council and Eurasian Economic commission;

      decisions of Superior Eurasian Economic Council shall have priority over the decisions of Eurasian intergovernmental council and Eurasian economic commission;

      decisions of Eurasian intergovernmental council shall have priority over the decisions of Eurasian Economic commission.

Article 7. International activity of the Union

      1. The Union shall have a right to carry out within its competence the international activity, directed to solution of tasks, facing the Union. Within such activity the Union shall have a right to carry out international cooperation with the states, international organizations and international integration associations and independently or jointly with member states conclude the international treaties on issues, referred to its competence.

      Procedure of implementation of the Union of international cooperation shall be established by the decision of Superior Eurasian Economic council. Issues of conclusion of international treaties of the Union with third party shall be determined by international agreements within the Union.

      2. Conducting negotiations on projects of international treaties of the Union with third party, as well as their signing shall be carried out on the basis of decision of Superior Eurasian Economic council after execution of the relevant intergovernmental procedures by the member states.

      Decision on expression of consent of the Union to the compulsory of international treaty of the Union with third party, termination, suspension or withdrawal from the international treaty for it shall be adopted by Superior Eurasian Economic council after execution of necessary intergovernmental procedures by all member states.

Section III
BODIES OF THE UNION Article 8 Bodies of the Union

      1. Bodies of the Union shall be:

      Superior Eurasian Economic council (hereinafter – Superior council);

      Eurasian intergovernmental council (hereinafter – Intergovernmental council);

      Eurasian Economic commission (hereinafter – Commission, EEC);

      The Court of Eurasian Economic Union (hereinafter – The Court of the Union).

      2. The bodies of the Union shall act within the powers, which provided them by this Agreement and international agreements within the Union.

      3. Bodies of the Union shall act on the basis of principles, specified in Article 3 of this Agreement.

      4. Presidency in the superior council, Intergovernmental council and the Council of Commission shall be carried out on the rotating basis in the manner of Russian alphabet by one member state during one calendar year without the right of extension.

      5. Conditions of residence of bodies of the Union in the territories of the member states shall be determined by separate international treaties between the Unions and states of residence.

Article 9. Holding positions in the structural subdivisions of permanent bodies of the Union

      1. The citizens of member states with relevant specialized education and work experience shall have the right to hold positions in the structural subdivisions of permanent bodies of the Union.

      2. Civil servants of department of Commission may not be the citizens of one and the same state. Selection of candidates for holding of specified positions shall be conducted by the competitive commission EEC in recognition of principle of equal representation of the Parties. Candidacies for participation in the competition for holding of specified positions shall be presented by the member of Council of Commission from relevant Party.

      3. Selection of candidates for holding of other positions in the departments of Commission shall be carried out by EEC on the competitive basis in recognition of share participation of Parties in financing of commission.

      4. All members of Commission College, except for the Chairman of the College of Commission shall be included to the composition of competitive commission EEC on selection of candidates for holding of positions, specified in paragraph 2 of this Article.

      Competitive commission EEC shall take its decisions in the form of recommendations by majority of votes and represent them to the Chairman of the College of Commission for approval. If the decision, including to the contradiction with recommendation of competitive commission EEC is adopted by the Chairman of the College of Commission in relation of particular candidate, the issue shall be made by the Chairman of the College of Commission for consideration of the council of Commission for adoption of a final decision.

      Provision on competitive commission EEC (including the rules of conducting of competition), its composition, as well as qualifying requirements and candidates for holding of positions of directors and deputies of directors of departments of Commission shall be approved by the council of Commission.

      5. Procedure of selection of candidates and appointment to the positions in the Apparatus of the Court of Union shall be conducted in accordance with documents, regulating activity of the court of Union.

Article 10. Superior council

      1. Superior council shall be superior body of the Union.

      2. The Superior council shall consist of heads of the member states or heads of governments of the member states provided that the latter are granted authority by the legislation of their state to make decisions on issues within the competence of the Superior council.

      Footnote. Article 10 as amended by Law of the Republic of Kazakhstan № 223-VI as of 08.02.2019.

Article 11. Procedure of work of the superior council

      1. The meetings of Superior council shall be held at least 1 time per year.

      Extraordinary meetings of Superior council may be called for solution of urgent issues of activity of the Union at the initiative of any of the member states or Chairman of Superior council.

      2. The meetings of Superior council shall be held under the management of the Superior Council.

      Chairman of Superior council shall:

      conduct meetings of superior council;

      organize the work of Superior council;

      carry out general management of preparation of issues presented for consideration of superior council.

      In the case of early termination of powers of the Chairman of Superior council, the new member of Superior council from preceding member state shall carry out powers of the Chairman of Superior council during the remaining period.

      3. The members of the Council of Commission, Chairman of the College of Commission and other invitees may participate in the meetings of Superior council by invitation of the Chairman of the Superior Council.

      The list of participants and the form of meetings of Superior council shall be determined by the Chairman of superior council by coordination with members of superior council.

      Agenda of the meetings of Superior council shall be formed by the Commission on the basis of suggestions of the member states.

      An issue on presence of accredited representatives of mass media in the meetings of Superior council shall be decided by the Chairman of superior council.

      4. Procedure of organization of holding of meetings of Superior council shall be approved by the Superior council.

      5. Organizational, informational and logistical support of preparation and holding of meetings of Superior council shall be carried out by the Commission with the assistance of receiving member state. Financial assistance of holding of meetings of Superior council shall be carried out at the expense of the budget funds of Council.

Article 12 Powers of superior council

      1. Superior council shall consider the principle issues of activity of the Union, determine the strategy, directions and prospects of development of integration and make decisions, directed to implementation of purposes of the Union.

      2. Superior council shall carry out the following basic powers:

      1) determine the strategy, directions and prospects of formation and development of the Union and make decisions, directed to implementation of the purposes of the Union;

      2) approve the composition of the College of Commission, distribute the obligations between the members of the college of commission and terminate their powers;

      3) appoint the Chairman of the College of Commission and make decision on early termination of its powers;

      4) appoint the judges of the Court of Union by presentations of the member states;

      5) approve the Regulation of the work of Eurasian Economic commission;

      6) approve the budget of the Union, Provision on the budget of Eurasian Economic union and report on execution of the budget of Union;

      7) determine the amounts (scale) of assessed contributions of the member states in the budget of Union;

      8) consider the issues, concerning cancellation or changes of decision, adopted by the Intergovernmental council or Commission by the suggestion of the member state in recognition of provisions of paragraph 7 of Article 16;

      9) consider the issues by suggestion of Intergovernmental council or Commission, on which upon adoption of decision the consensus was not reached;

      10) apply with requests to the Court of Union;

      11) approve procedure of verification of reliability and completeness of details on incomes, property and obligations of property nature of judges of the Court of Union, civil servants and employees of Apparatus of the Court of Union, as well as their family members;

      12) determine procedure of acceptance of new members to the Union and termination of membership in the Union;

      13) adopt decision on provision or cancelation of the observer status or candidate state status to the entry into the Union;

      14) approve Procedure of implementation of international cooperation by the Eurasian Economic union;

      15) adopt decisions on negotiations with the third party on behalf of the Union, as well as on conclusion of international treaties of the Union with it and authorization to hold negotiations, as well as on expression of consent of the Union to the compulsory of international treaty with third party, termination, suspension or withdrawal from the international treaty for it;

      16) approve the general staff number of the bodies of Union, parameters of representation of civil servants from the number of citizens of the member states in the bodies of Union, directed by presentation of the member states on the competitive basis;

      17) approve procedure of payment for labour of members of the College of Commission, judges of the Court of the Union of civil servants and employees of bodies of the Union;

      18) approve Provision on external audit (control) in the bodies of Eurasian Economic union;

      19) consider the results of conducted external audit (control) in the bodies of the Union;

      20) approve the symbols of the Union;

      21) give instructions to the Intergovernmental council and Commission;

      22) adopt decisions on creation of subsidiary bodies on the relevant directions;

      23) exercise other powers, provided by this agreement and international agreements within the Union.

Article 13. Decisions and orders of the Superior council

      1. Superior council shall make decisions and orders.

      2. Decisions and orders of Superior council shall be made by the consensus.

      Decisions of Superior council, related with termination of membership of the member state in the Union shall be made by principle “consensus minus the vote of the member state, notified its intention to terminate its membership in the Union”.

Article 14 Interdepartmental council

      Interdepartmental council shall be the body of the Union, consisting of the heads of governments of the member states.

Article 15 Procedure of the work of Interdepartmental council

      1. The meetings of Interdepartmental council shall be hold as necessary, but at least 2 times a year.

      Extraordinary meetings of Interdepartmental council may be called for solution of urgent issues of activity of the Union at the initiative of any of the member states or Chairman of Interdepartmental council.

      2. Meetings of Interdepartmental council shall be held under the management of the Interdepartmental council.

      Chairman of Interdepartmental council shall:

      conduct meetings of Interdepartmental council;

      organize the work of Interdepartmental council;

      carry out general management of preparation of issues presented for consideration of Interdepartmental council.

      In the case of early termination of powers of the Chairman of Interdepartmental council, the new member of Interdepartmental council from preceding member state shall carry out powers of the Chairman of Interdepartmental council during the remaining period.

      3. The members of the Council of Commission, Chairman of the College of Commission and other invitees may participate in the meetings of Interdepartmental council by invitation of the Chairman of the Interdepartmental Council.

      The list of participants and the form of meetings of Interdepartmental council shall be determined by the Chairman of Interdepartmental council by coordination with members of superior council.

      Agenda of the meetings of Interdepartmental council shall be formed by the Commission on the basis of suggestions of the member states.

      An issue on presence of accredited representatives of mass media in the meetings of Interdepartmental council shall be decided by the Chairman of superior council.

      4. Procedure of organization of holding of meetings of Interdepartmental council shall be approved by the Interdepartmental council.

      5. Organizational, informational and logistical support of preparation and holding of meetings of Interdepartmental council shall be carried out by the Commission with the assistance of receiving member state. Financial assistance of holding of meetings of Interdepartmental council shall be carried out at the expense of the budget funds of Council.

Article 16 Powers of Interdepartmental council

      Interdepartmental council shall carry out the following basic powers:

      1) ensure implementation and control of execution of this Agreement, international treaties within the Union and decisions of Superior council;

      2) consider the issues by suggestion of the Council of Commission, on which upon adoption of decision in the Council of Commission the consensus was not reached;

      3) give instructions to the Commission;

      4) present the candidates of members of the Council and members of the College of commission to the Superior council;

      5) approve the projects of budget of the Union, Provisions on budget of Eurasian Economic Union and report on execution of budget of the Union;

      6) approve Provision on the audit of financial and economic activity of bodies of Eurasian economic union, standards and methodology of audits of financial and economic activity of bodies of the Union, adopt decisions on conducting of audits of financial and economic activity of bodies of the Union and determine the terms of their conducting;

      7) consider the issues, concerning cancellation or changes of adopted decisions of Commission by the suggestion of the member state, in the case of failure to reach agreement, submit them for consideration of the Superior Council;

      8) adopt decision on suspension of effect of decisions of the Council of College of Commission;

      9) approve procedure of verification of reliability and completeness of details on incomes, property and obligations of property nature of members of the College of Commission, civil servants and employees of Commission, as well as their family members;

      10) exercise other powers, provided by this Agreement and international treaties within the Union.

Article 17 Decisions and orders of the Interdepartmental council

      1. Interdepartmental council shall make decisions and orders.

      2. Decisions and orders of Interdepartmental council shall be made by the consensus.

Article 18 Commission

      1. Commission shall be permanently operating regulatory body of the Union. Commission shall consist of the Council and College.

      2. Commission shall adopt decisions, instructions and recommendations.

      Decisions, instructions and recommendations of the Council of Commission shall be adopted by the consensus.

      Decisions, instructions and recommendations of the College of Commission shall be adopted by the qualified majority or by consensus.

      Superior council shall determine the list of sensitive issues, on which the decisions of the College of Commission shall be adopted by the consensus.

      Upon that the qualified majority shall consist two-thirds of the total number of members of the College of Commission.

      3. Status, tasks, compositions, functions, powers and procedure of the work of Commission shall be determined according to annex No. 1 to this Agreement.

      4. The place of residence of Commission shall be the Moscow city, Russian Federation.

Article 19 The Court of the Union

      1. The Court of the Union shall be permanently operating judicial body of the Union.

      2. Status, composition, competence, procedure of functioning and formation of the Court of the Union shall be determined by the status of the Court of Eurasian Economic Union according to the annex No.2 to this Agreement.

      3. The place of residence of Commission shall be the city of Minsk, Republic of Belarus.

Section IV
BUDGET OF THE UNION Article 20 Budget of the Union

      1. Financing of activity of bodies of the Union shall be carried out at the expense of budget funds of the Union, formed in the manner determined by the Provision on budget of Eurasian economic union.

      Budget of the Union for the next financial year shall be formed in the Russian rubles by assessed contributions of the member states. The amounts (scale) of assessed contributions of the member states to the budget of the Union shall be established by Superior council.

      The budget of the Union shall be balanced in incomes and expenses. Financial year begins on January 1 and ends on December 31.

      2. The budget of the Union and Provision on budget of Eurasian economic union shall be approved by superior council.

      Making amendments to the budget of the Union and Provision on budget of Eurasian economic union shall be carried out by the superior council.

Article 21 Audit of financial and economic activity of bodies of the Union

      Audit of financial and economic activity of bodies of the Union shall be conducted for implementation of control of execution of budget of the Union at least once every 2 years.

      Verifications on separate issues of financial and economic activity of bodies of the Union may be conducted at the initiative of any member states.

      Audits of financial and economic activity of bodies of the Union shall be carried out by group of auditors, consisting of representatives of bodies of the state financial control of the member States.

      Results of conducted audits of financial and economic activity of bodies of the Union shall be introduced for consideration of Interdepartmental council in the established procedure.

Article 22. External audit (control)

      External audit (control) shall be conducted for the purposes of determination of effectiveness of formation, management and disposition of budget funds of the Union, effectiveness of the use of property and other assets of the Union. External audit (control) shall be carried out by the group of inspectors, formed from the representatives of superior bodies of the state financial control of the member states. Standards and methodology of external audit (control) shall be jointly determined by superior bodies of the state financial control of the member states.

      Results of conducted external audit (control) in the bodies of the Union shall be introduced for consideration of Superior body in the established procedure.

PART TWO
CUSTOMS UNION
Section V
INFORMATION INTERACTION AND STATISTICS Article 23 Information interaction within the Union

      1. The measures, directed to ensuring of information interaction with the use of information and communication technologies and trans-border space of trust within the Union shall be developed and implemented for the purposes of information ensuring of integration processes in all scopes, affecting the functioning of the Union.

      2. Information interaction upon implementation of general processes within the Union shall be carried out with the use of integrated information system of the Union, ensuring integration of geographically distributed state information resources and information systems of the authorized bodies, as well as information resources and information systems of Commission.

      3. The member states shall conduct systematic policy in the field of informatization and information technologies for ensuring of effective interaction and coordination of the state information resources.

      4. Upon use of program and technical means and information technologies, the member states shall ensure protection of intellectual property, used or received in the process of interaction.

      5. Fundamental principles of information interaction and coordination of its carrying out within the Union, as well as procedure of creation and development of integrated information system shall be determined according to the annex No. 3 to this Agreement.

Article 24 Official statistical information of the Union

      1. Official statistical information of the Union shall be formed for the purposes of effective functioning and development of the Union.

      2. Formation of official statistical information of the Union shall be carried out in accordance with the following principles:

      1) professional independence;

      2) scientific justification and comparability;

      3) completeness and reliability;

      4) relevance and timeliness;

      5) openness and accessibility;

      6) cost effectiveness;

      7) statistical confidentiality.

      3. Procedure of formation of distribution of official statistical information of the Union shall be determined according to the annex No.4 to this Agreement.

Section VI
FUNCTIONING OF CUSTOMS UNION Article 25 Principles of functioning of customs union

      1. Within the customs union the member states shall:

      1) function internal market of goods;

      2) applied the Common customs tariff of Eurasian economic union and other unified measures of regulation of external trade of goods with the third parties;

      3) act the unified regime of the trade of goods in relation with third parties;

      4) carried out the unified customs regulation;

      5) carried out free movement of goods between the territories of the member states without application of customs declaration and state control (transport, sanitary, veterinary and sanitary, quarantine phytosanitary) except for the cases, provided by this Agreement.

      2. For the purposes of this Agreement shall be used the concepts, which mean the following:

      “import customs duty”- a compulsory payment collected by the customs authorities of member states in connection with the importation of goods into the customs territory of the Union;

      “Unified Tradable nomenclature of foreign economic activity of the Eurasian Economic Union" (TN FEA EEU) – tradable nomenclature of foreign economic activity based on the harmonized system of description and coding of goods of World customs organization and unified Tradable nomenclature of foreign economic activity of Commonwealth of Independent States;

      “Common customs tariff of Eurasian economic union” (CCT EEU) – a set of the rates of customs duties, applied to the goods, imported (imported) into the customs territory of the Union from the third countries, classified in accordance with the unified tradable nomenclature of foreign economic activity of the Eurasian Economic Union;

      “tariff preference” – exemption from payment of import customs duties or reduction of rates of import customs duties in relation of the goods, originated from the countries, forming the foreign trade zone together with the Union, or reduction of the rates of import customs duties in relation of goods, originated from the developing countries – users of the unified system of tariff preferences of the Union and (or) the least developed countries - users of a unified system of tariff preferences of the Union.

Article 26 Transfer and distribution of import customs duties (other duties, taxes and charges having equivalent effect)

      Paid (collected) import customs duties shall subject to transfer and distribution between the budgets of the member states.

      Transfer and distribution of the amounts of imported customs duties, their transfer to the incomes of budget of the member states shall be carried out in the manner according to the annex No.5 to this Agreement.

Article 27 Creation and functioning of free (special, specific) economic zones and free warehouses

      Free (special, specific) economic zones and free warehouses shall be created and functioned for the purposes of assistance to the socio-economic development of the member states, attracting investments, creation and development of productions, based on the new technologies, development of transport infrastructure, tourism and sanatorium-resort scope, as well as in other purposes in the territories of the member states.

      Conditions of creation and functioning of free (special, specific) economic zones and free warehouses shall be determined by international agreements within the Union.

Article 28 Internal market

      1. The Union shall take measures on ensuring of functioning of internal market in accordance with provisions of this Agreement.

      2. Internal market shall covering economic space, in which free movement of goods, persons, services and capitals is ensured according to the provisions of this Agreement.

      3. Within the limits of functioning of internal market in mutual trade of goods of the member states shall not apply import and export customs duties (other duties, taxes and charges having equivalent effect), non-tariff measures of regulation, antidumping and compensative measures, except for the cases provided by this Agreement.

Article 29 Exclusion from the procedure of functioning of internal market of goods

      1. Member states in the mutual trade of goods shall have a right to apply restrictions (on condition that such measures are not the means of unjustified discrimination or hidden restriction of trade) in the case, if such restrictions are necessary for:

      1) protection of human life and health;

      2) protection of public morals and legal order;

      3) environmental protection;

      4) protection of animals and plants, cultural values;

      5) fulfilment of international obligations;

      6) ensuring of defense of country and security of member state.

      2. Sanitary, veterinary and quarantine phytosanitary measures may be also introduced in the internal market in the manner determined by section XI of this Agreement on the grounds specified in paragraph 1 of this Article.

      3. Rotation of separate categories of goods may be restricted on the grounds, specified in paragraph 1 of this Article.

      Procedure of transfer or circulation of such goods in the customs territory of the Union shall be determined in accordance with this Agreement, international agreements within the Union.

Section VII
REGULATION OF CIRCULATION OF MEDICINAL PRODUCTS
AND MEDICAL GOODS Article 30 Formation of common market of medicinal products

      1. Member states shall create common market of medicinal products, relevant to the standards of appropriate pharmacy practice within the Union and based on the following principles:

      1) harmonization and unification of requirements of the legislation of the member states in the scope of circulation of medicinal products;

      2) ensuring the unity of mandatory requirements to the quality, effectiveness and safety of medicinal products, being in circulation in the territory of the Union;

      3) adoption of uniform rules in the scope of circulation of medicinal products;

      4) development and application of the same or comparable methods of research and control in the evaluation of the quality, effectiveness and safety of medicinal products;

      5) harmonization of the legislation of the member states in the field of control (supervision) in the scope of circulation of medicinal products;

      6) implementation of permissive, control and supervisory functions in the scope of circulation of medicinal products by the relevant authorized bodies of the member states.

      2. Functioning of common market of medicinal products within the Union shall be carried out in accordance with international agreement within the Union in recognition of provisions of Article 100 of this Agreement.

Article 31 Formation of common market of medical goods (goods of medical assignment and medical equipment)

      1. Member states shall create the common market of medical goods (goods of medical assignment and medical equipment) within the Union and based on the following principles:

      1) harmonization of requirements of the legislation of the member states in the scope of circulation of medical goods (goods of medical assignment and medical equipment);

      2) ensuring the unity of mandatory requirements to the effectiveness and safety of medical goods (goods of medical assignment and medical equipment), being in circulation in the territory of the Union;

      3) adoption of uniform rules in the scope of circulation of medical goods (goods of medical assignment and medical equipment);

      4) determination of common approaches to creation of the system of ensuring of the quality of medical goods (goods of medical assignment and medical equipment);

      5) harmonization of the legislation of the member states in the field of control (supervision) in the scope of circulation of medical goods (goods of medical assignment and medical equipment);

      2. Functioning of common market of medical goods (goods of medical assignment and medical equipment) within the Union shall be carried out in accordance with international agreement within the Union in recognition of provisions of Article 100 of this Agreement.

Section VIII
CUSTOMS REGULATION Article 32 Customs regulation in the Union

      Common customs regulation shall be carried out in the Union in accordance with the Customs Code of the Eurasian Economic Union and regulating the customs legal relations by the international agreements and acts, constituting the right of the Union, as well as in accordance with regulations of this Agreement.

Section IX
FOREIGN TRADE POLICY
1. General provisions on foreign trade policy Article 33 Purposes and principles of foreign trade policy of the Union

      1. Foreign trade policy of the Union is directed to assistance of sustainable economic development of the member states, economic diversification, innovative development, increase the volumes and improvement the structure of trade and investments, acceleration of the integration processes, as well as further development of the Union as efficient and competitive organization within the global economy.

      2. The basic principles of implementation of foreign trade policy of the Union shall be:

      application of measures and mechanisms of implementation of foreign trade policy of the Union, being more burdensome for participants of foreign trade activity of the member states, than necessary to ensure the effective achievement of the objectives of the Union;

      publicity in development, adoption and application of measures and mechanisms of implementation of foreign trade policy of the Union;

      justification and objectivity of application of measures and mechanisms of implementation of foreign trade policy of the Union;

      protection of rights and legal interests of participants of foreign trade activity of the member states, as well as the rights and legal interests of producers and consumers of goods and services;

      observation of rights of participants of foreign trade activity.

      3. Foreign trade policy shall be implemented through the conclusion of the Union independently or jointly with the member states in the scopes, in which the bodies of the Union make decisions, compulsory for the member states, international agreements with the third party, participation in the international organizations or autonomous application of measures and mechanisms of foreign trade policy.

      The Union shall bear responsibility for execution of obligations on international agreements, concluded by them and implement their rights on these agreements.

Article 34 Regime of the most favored nations

      In relation of foreign trade of goods shall be applied the regime of the most favored nations within the meaning of the General Agreement on tariffs and trade 1994 (GATT 1994) in the cases and conditions, when application of the regime of the most favored nations is provided by international agreements of the Union with the third party, as well as international agreements of the member states with third party.

Article 35 Regime of free trade

      Regime of free trade of goods within the meaning of GATT 1994 shall be established in the trade with third party on the basis of international agreement of the Union with such third party in recognition of provisions of Article 102 of this Agreement.

      International agreement of the Union with third party, establishing the regime of free trade may include other provisions, related with foreign trade activity.

Article 36 Tariff preferences in relation of goods, originated from the developing countries and (or) the least developed countries

      1. The Union may provide the tariff preferences in accordance with this Agreement for the purposes of assistance to the economic development of developing and least developed countries in relation of goods, originated from developed countries – users of the unified system of tariff preferences of the Union and (or) the least developed countries – users of the unified system of tariff preferences of the Union.

      2. In relation of preferential goods, imported to the customs territory of the Union, originated from the developing countries – users of the unified system of tariff preferences of the Union shall be applied the rates of imported customs duties in the amount 75 percent from the rates of imported customs duties of the Common customs tariff of the Eurasian Economic Union.

      3. In relation of preferential goods, imported to the customs territory of the Union, originated from the least developing countries – users of the unified system of tariff preferences of the Union shall be applied the zero rates of imported customs duties of the Common customs tariff of the Eurasian economic union.

Article 37 The rules of determination of origin of goods

      1. The common rules of determination of origin of goods, imported to the customs territory shall be applied in the customs territory of the Union.

      2. The rules of determination of origin of goods, imported to the customs territory of the Union (non-preferential rules of determination of origin of goods), established by Commission shall applied for the purposes of application of measures of customs and tariff regulation (except for the purposes of provision of tariff preferences), application of measures of non-tariff regulation and protection of internal market, establishment of requirements to the marking of origin of goods, carrying out of the state (municipal) purchases, maintenance of statistics of internal trade of goods.

      3. The rules of determination of origin of goods from the developing and least developed countries, established by the commission shall be applied for the purposes of provision of tariff preferences in relation of goods, imported to the customs territory of the Union from the developing or least developed countries – users of unified system of tariff preferences of the Union.

      4. For the purposes of provision of tariff preferences in relation of goods, imported to the customs territory of the Union from the states, in the trade and economic relations of which the Union applies the rules of determination of origin of goods, established by the relevant international agreement of the Union with third party, providing application of the regime of free trade.

      5. In the case if the rules of determination of origin of goods are not established by international agreement of the Union with third party, providing application of the regime of free trade, or they are not applied for the moment of entering into force of such agreement, in relation of goods, originated from this country, imported to the customs territory of the Union, the rules of determination of origin of goods, provided by paragraph 2 of this Article shall be applied before the moment of application of relevant rules of determination of origin of goods.

      6. In the existence of repeated facts of violation by the third party in the field of determination (approval) of origin of goods, the Commission may make decision on conducting of monitoring of correctness of determination (approval) of origin of goods, imported from the particular country by the customs services of the member states. Decision on suspension of reception of documents, approving the origin of goods by the customs services of the member states may be made in the case of revelation of systematic violations by the third party in the field of determination (approval) of origin of goods by the Commission. Provisions of this paragraph shall not restrict the powers of the member states in relation of control of origin of imported goods and adoption of measures on its results.

Article 38 Foreign trade of services

      The member states shall carry out coordination in the scope of the trade of services with third parties.

      Carrying out of coordination does not mean the supranational competence of the Union in this scope.

Article 39 Elimination of restriction measures in the trade with third parties

      Commission shall render assistance upon access to the markets of third parties, conduct monitoring of restrictive measures of third party in relation of member states and in the case of application of any of measure by the third party in relation of the Union or occurrence of trade dispute between the Union and third party jointly with the member states shall consult with the relevant third party.

Article 40 Retaliatory measures in relation of third party

      1. In the case if the possibility of application of retaliatory measures is provided in accordance with international agreement of the Union with the third party and (or) member states with the third parties, decision on introduction of retaliatory measures in the customs territory of the Union shall be applied by the Commission, as well as by increase of the level of rates of import customs duties, introduction of quantitative restrictions, temporary suspension of provision of preferences or acceptance of other measures, affecting to the results of foreign trade with the relevant State within the competence of Commission.

      2. In the cases, provided by international agreements of the member states with third parties, concluded before 1 January, 2015, the member states shall have a right to unilaterally apply the rates of import customs duties as retaliatory measures, increased compared to the Common Customs Tariff of the Eurasian Economic Union, as well as unilaterally suspend provision of tariff preferences upon condition, that administration mechanisms of such retaliatory measures do not violate provisions of this Agreement.

Article 41 Measures on development of export

      The Union may apply the joint measures on development of export of goods of the member states to the markets of third parties in accordance with international agreements, standards and rules of the World trade organization.

      Joint measures shall include, in particular, insurance and export crediting, international leasing, promoting the concept “the good of the Eurasian Economic Union” and introduction of unified marking of goods of the Union, exhibitions and fairs, expositional activity, advertising and image-based measures abroad.

2. Customs and tariff regulation and non-tariff regulation Article 42 Common Customs Tariff of the Eurasian Economic Union

      1. The Unified Tradable nomenclature of foreign economic activity of the Eurasian economic union and Common customs Tariff of the Eurasian economic union, approved by the Commission and being the instruments of the trade policy of the Union shall be applied in the customs territory of the Union.

      2. Basic purposes of application of the Common Customs Tariff of the Eurasian Economic Union shall be:

      1) ensuring of conditions for effective integration of the Union to the world economy;

      2) rationalization of the trade structure of import of goods into the customs territory of the Union;

      3) support of rational correlation of export and import of goods to the customs territory of the Union;

      4) creation of conditions for the progressive changes in the structure of production and consumption of goods in the Union;

      5) support of branches of the economy of the Union.

      3. The Common Customs Tariff of the Eurasian Economic Union shall apply the following types of the rates of import customs duties:

      1) ad valorem, established as a percentage of the customs value of taxable goods;

      2) specific established depending on the physical characteristics in kind of the taxable goods (number, mass, volume or other characteristics);

      3) combined, combine both types specified in paragraphs 1 and 2 of this paragraph.

      4. The rates of import customs duties of the Common Customs Tariff of the Eurasian Economic Union are unified and shall not be subject to change depending on the persons moving the goods across the customs border of the Union, the origin of the goods (including in cases where the origin of the goods is unknown or considered unconfirmed), types of transactions and other circumstances.

      The rates of import customs duties of the Common Customs Tariff of the Eurasian Economic Union shall apply with due regard for the provisions of Articles 35, 36 and 40, paragraph 6 hereof, and paragraph 43 of this Treaty, international treaties within the Union and international agreements of the Union with a third party.

      The provisions of this paragraph shall apply also in the event that the most favoured nation treatment provided for in Article 34 of this Treaty does not apply to foreign trade in goods.

      5. If necessary the seasonal customs duties, validity of which may not exceed 6 months of the year and which are applied instead of the import customs duties, provided by the Common customs tariff of the Eurasian Economic Union may be established for operative regulation of importation of goods to the customs territory of the Union.

      6. A state that has joined the Union shall be entitled to apply import customs duty rates different from those of the Common Customs Tariff of the Eurasian Economic Union, in compliance with the list of goods and rates approved by the Commission under the international treaty on the accession of such state to the Union.

      A state that has joined the Union shall be bound to ensure that goods subject to lower rates of import customs duties as compared to the rates of duties of the Common Customs Tariff of the Eurasian Economic Union are used only within its territory, and to take measures to prevent export of such goods to the territory of other Member States without paying additional import customs duties in the amount of the difference of import customs duties calculated on the rates of duties of the Common Customs Tariff of the Eurasian Economic Union.

      Footnote. Article 42 as amended by Law of the RK No. 6-VII of 15.02.2021.

Article 43 Tariff benefits

      1. In relation of goods, imported to the customs territory of the Union may be applied the tariff benefits in the form of exemption from payment of import customs duty or reduction of the rate of import customs duty.

      2. Tariff benefits may not be individual and apply irrespective of the country of origin of goods.

      3. Provision of tariff benefits shall be carried out according to the annex No.6 to this Agreement.

Article 44 Tariff quota

      1. In relation of separate types of agricultural goods, originated from the third countries and imported to the customs territory of the Union shall be allowed establishment of tariff quotas, if similar goods are produced (mined, grown) in the customs territory of the Union.

      2. The relevant rates of import customs duties of the Unified customs tariff of the Eurasian Economic Union shall be applied to the goods, specified in paragraph 1 of this Article, imported to the customs territory of the Union within established volume of tariff quota.

      3. Establishment of tariff quotas in relation of separate types of agricultural goods, originated from the third parties and imported to the customs territory of the Union, and distribution of volumes of tariff quotas shall be carried out in the manner provided by the annex No. 6 to this Agreement.

Article 45 Powers of the Commission on issues of customs and tariff regulation

      1. Commission shall:

      carry out maintenance of the Unified Tradable nomenclature of foreign economic activity of the Eurasian Economic Union and Common Customs Tariff of the Eurasian Economic Union;

      establish the rates of import customs duties, including seasonal;

      establish events and conditions of provision of tariff benefits;

      determine procedure of application of tariff benefits;

      determine conditions and procedure of application of the unified system of tariff preferences of the Union, as well as approve:

      the list of developing countries – users of unified system of tariff preferences of the Union;

      the list of the least developed countries – users of the unified system of tariff preferences of the Union;

      the list of goods, originated from the developing countries or from the least developed countries, in relation of which the tariff preferences are provided upon importation to the customs territory of the Union;

      establish the tariff quotas, distribute the volume of tariff quotas between the member states, determine the method and procedure of distribution of the volume of tariff quota between participants of foreign economic activity, and if it is necessary distribute the volume of tariff quota between the third countries or accept the act, in accordance of which the member states determine the method and procedure of distribution of the volume of tariff quota between participants of foreign economic activity, and if necessary distribute the volume of tariff quota between the third countries.

      2. The list of sensitive goods, in relation of which decision on change of the rate of import customs duty is adopted by the Council of Commission shall be approved by the Superior Council.

Article 46 Measures of non-tariff regulation

      1. In the trade with the third countries of the Union shall be applied the following unified measures of non-tariff regulation:

      1) prohibition of import and (or) export of goods;

      2) quantitative restrictions of import and (or) export of goods;

      3) exclusive right for export and (or) import of goods;

      4) automatic licensing (observation) of export and (or) import of goods;

      5) permissive procedure of import and (or) export of goods.

      2. Measures on non-tariff regulation shall be introduced and applied on the basis of principles of publicity and nondiscrimination in the manner according to the annex No.7 to this Agreement.

Article 47 Introduction of measures of non-tariff regulation in the unilateral procedure

      Member states in the trade with the third countries may unilaterally introduce and apply the measures of non-tariff regulation in the manner provided by the annex No. 7 to this Agreement.

3. Protective measures of internal market Article 48 General provisions on introduction of protective measures of internal market

      1. For protection of economic interests of producers of goods in the Union may be introduced protective measures of internal market in relation of goods, originated from the third countries and imported to the customs territory of the Union, in the form of special protective, antidumping and compensatory measures, as well as in the form of other measures in the cases, provided by Article 50 of this Agreement.

      2. The Commission shall take decision on application of special protective, antidumping or compensatory measure, on change or cancellation of special protective, antidumping or compensatory measure or on non-application of measure.

      3. Application of special protective, antidumping or compensatory measures shall be carried out on the conditions and in the manner according to the annex No.8 to the Agreement.

      4. Application of special protective, antidumping or compensatory measure upon import of goods is preceded by investigation, conducted in accordance with the annex No.8 to this Agreement by the body, determined by Commission as responsible for conducting of investigations (hereinafter – the body, conducting investigations).

      5. Transfer and distribution of special, antidumping, compensatory duties shall be carried out in accordance with the annex No.8 to this Agreement.

Article 49 Principles of application of special protective, antidumping and compensatory measures

      1. Special protective measure may be applied to the goods in the case, if at the results of investigation, conducting by body, conducted investigation, established, that import of such goods to the customs territory of the Union shall be carried out in such increased quantities (in absolute or relative indices to the total volume of production in the member states of similar or directly competitive goods) and upon such conditions, that it causes serious damage to the branch of economy of the member states, or create a threat of causing such damage.

      2. Antidumping measure may be applied to the goods, being the subject of dumping import, in the case if at the results of investigation, conducted by body, conducting investigation, established that import of such goods to the customs territory of the Union causes material damage to the branch of economy of the member states, creates a threat of cause of such damage or significantly reduce creation of branch of economy of the member states.

      3. Compensatory measure may be applied to the imported goods, upon production, export or transportation of which the specific subsidy of exporting third country is used, in the case if at the results of investigation, conducted by body, conducting investigation established that import of such goods to the customs territory of the Union causes material damage to the branch of economy of the member states, creates a threat of cause of such damage or significantly reduce creation of branch of economy of the member states.

      4. For the purposes of application of measures of protection of internal market under the branch of economy of the member states means all the producers of the similar goods (for the purposes of antidumping and compensatory investigations) or similar or directly competitive goods (for the purposes of special protective investigation) in the member states or those of them whose share in the total volume of production in the member states of respectively the same or similar or directly competitive goods constitutes a significant part, but not less than 25 percent.

Article 50 Other measures of internal market

      The right of application of protective measures of internal market on bilateral basis, other than the special protective, antidumping and compensatory measures, as well as in relation of import of agricultural goods may be provided by international agreement of the Union with third party on establishment of the regime of free trade for the purposes of elimination of negative impact of import from this third party on the producers of the member states.

      Decision on application of such measures shall be applied by the Commission.

Section X
Technical regulation Article 51 General principles of technical regulation

      1. Technical regulation within the Union shall be carried out in accordance with the following principles:

      1) establishment of compulsory requirements to products and related with requirements to the products of processes of design (including research), production, construction, installation, arrangement, operation, storage, transportation, implementation and utilization;

      2) establishement of unified mandatory requirements in the technical regulations of the Union or national mandatory requirements in the legislation of the member states to the products, included to the unified list of products, in relation of which the mandatory requirements within the Union (hereinafter – the unified list) are established;

      3) application and execution of technical regulations of the Union in the member states without withdrawal;

      4) conformity of technical regulation within the Union to the level of economic development of the member states and level of scientific and technical development;

      5) independence of bodies on accreditation of the member states, bodies on approval of conformity of the member states and bodies on supervision (control) of the member states from producers, sellers, executors and acquirers, as well as the consumers;

      6) the unity of rules and methods of investigations (tests) and measurements upon conducting of procedures of compulsory assessment of conformity;

      7) the unity of application of requirements of technical regulations of the Union irrespective of the types and (or) features of transactions;

      8) inadmissibility of restriction of competition upon implementation of conformity assessment;

      9) carrying out of the state control (supervision) of compliance with the requirements of technical regulations of the Union on the basis of harmonization of the legislation of the member states;

      10) voluntary application of standards;

      11) development and application of interstate standards;

      12) harmonization of interstate standards with international and regional standards;

      13) the unity of rules and procedures of conducting of compulsory conformity assessment;

      14) ensuring of harmonization of the legislation of the member states in a part of establishment of responsibility for violation of mandatory requirements to the products, rules and procedures of conducting of compulsory conformity assessment;

      15) conducting of systematic policy in the field of ensuring of the unity of measurements within the Union;

      16) non-admission of establishment of excessive barriers for maintenance of entrepreneurial activity;

      17) establishment of transitional provisions for the purposes of phased transition to the new requirements and documents.

      2. Provisions of this section shall not be distributed to the establishment and application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.

      3. Procedure, rules and procedures of technical regulation within the Union shall be established according to the annex No.9 to this Agreement.

      4. Systematic policy in the field of ensuring of the unity of measurements within the Union shall be conducted according to the annex No. 10 to this Agreement.

Article 52 Technical regulations of the Union and standards

      1. For the purposes of protection of human life and (or) health, property, environment, life and (or) health of animal and plant, prevention of actions, misleading the consumers, as well as for the purposes of ensuring of energy effectiveness and resource-saving within the Union shall be adopted the technical regulations of the Union.

      Adoption of technical regulations of the Union in other purposes shall not be allowed.

      The procedure for the elaboration, adoption, amendment, and revocation of technical regulations of the Union shall be approved by the Commission.

      Technical regulation of the Union or national mandatory requirements shall operate only in relation of products, included to the unified list, approved by the Commission.

      Procedure of formation and maintenance of the unified list shall be approved by the Commission.

      The member states shall not allow establishment of mandatory requirements in its legislation in relation of products, not included to the unified list.

      2. Technical regulations of the Union shall have a direct effect in the territory of the Union.

      Procedure of introduction into effect of adopted technical regulation of the Union and transitional provisions shall be determined by the technical regulation of the Union and (or) act of the Commission.

      3. For implementation of requirements of technical regulation of the Union and conformity assessment to the requirements of technical regulation of the Union on a voluntary basis may be applied the international, regional (interstate) standards, and in the case of their absence (before adoption of regional (interstate) standards) – national (state) standards of the member states.

      Footnote. Article 52 as amended by Law of the RK No. 6-VII of 15.02.2021.

Article 53 Circulation of products and action of technical regulations of the Union

      1. Products released in circulation in the territory of the Union shall be safe.

      Rules and procedure of ensuring of the safety and circulation of products, requirements of which are not established by the technical regulations of the Union shall be determined by international; agreement within the Union.

      2. Products, in relation of which the technical regulation of the Union (technical regulations of the Union) is entered into force shall be released in circulation in the territory of the Union upon condition that it passed the necessary procedures of conformity assessment, established by technical regulation of the Union (technical regulation of the Union).

      The member states shall ensure circulation of products, relevant to the requirements of technical regulation of the Union (technical regulations of the Union), in its territory without presentation of additional requirements to such products in relation of contained in the technical regulation of the Union (technical regulations of the Union) and without conducting of additional procedures of conformity assessment.

      Provisions of the second item of this paragraph shall not be distributed to application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.

      3. From the date of entering into force of technical regulation of the Union in the territories of the member states, the relevant mandatory requirements to the products or related with requirements to the products of the processes of design (including research), production, construction, installation, arrangement, operation, storage, transportation, implementation and utilization, established by the legislation of the member states or acts of the Commission shall act only in the part, determined by transitional provisions, and from the date of termination of action of transitional provisions, determined by technical regulation of the Union and (or) act of the Commission shall not be applied for release of products in circulation, conformity assessment of objects of technical regulation, state control (supervision) of observance of requirements of technical regulations of the Union.

      Provisions of the first item of this paragraph shall not be distributed to application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.

      Mandatory requirements to products or products and related with requirements to the products of processes of design (including research), production, construction, installation, arrangement, operation, storage, transportation, implementation and utilization, established by the acts of the Commission shall be include to the technical regulations of the Union before the date of entering into force of technical regulation of the Union.

      4. The state control (supervision of observance of requirements of technical regulations of the Union shall be conducted in the manner established by the legislation of the member states.

      Principles and approaches to harmonization of the legislation of the member states in the scope of the state control (supervision) of observance of requirements of technical regulations of the Union shall be determined by international agreement within the Union.

      5. Responsibility of non-compliance with requirements of technical regulations of the Union, as well as for violation of procedures of conducting of conformity assessment of products to the requirements of technical regulations of the Union shall be established in accordance with the legislation of the member states.

Article 54 Accreditation

      1. Accreditation within the Union shall be carried out in accordance with the following principles:

      1) harmonization of rules and approaches in the field of accreditation with international standards;

      2) ensurance of voluntary accreditation, openness and accessibility of information on procedures, rules and results of accreditation;

      3) ensuring the objectivity, impartiality and competence of the accreditation bodies of the member states;

      4) ensuring of equal conditions for the applicants for accreditation in relation of accreditation and ensuring of privacy of information, received upon accreditation;

      5) inadmissibility of combining of powers on accreditation by one body of the member state with powers on the state control (supervision), except for the carrying out of control of activity of accredited bodies on conformity assessment of the member states (as well as bodies on certification, testing laboratories (centers));

      6) inadmissibility of combining of powers on accreditation and on conformity assessment by one body of the member state.

      2. Accreditation of bodies on conformity assessment shall conduct the bodies on accreditation of the member states, authorized in accordance with the legislation of the member states for implementation of this activity.

      3. A body on accreditation of one member state shall not compete with the bodies on accreditation of other member states.

      A body on conformity assessment of one member state shall be applied for the purposes of accreditation to the body on accreditation of another member state, in the territory of which it is registered as a legal entity for non-admission of competition of bodies on accreditation of the member states.

      In the case if the body on accreditation of one member state for the purposes of accreditation is applied to the body on conformity assessment, registered in the territory of another member state as a legal entity, this body on accreditation shall inform on that the body on accreditation of another member state, in the territory of which the body on conformity assessment is registered. In the specified case it is allowed to conduct accreditation by the bodies on accreditation of the member states, if body on accreditation of another member state, in the territory of which this body on conformity assessment is registered shall not carry out accreditation in the required area. Upon that the body on accreditation of the member state, in the territory of which the body on conformity assessment is registered shall have a right to participate as an observer.

      4. Bodies on accreditation of the member states shall carry out mutual comparative assessments for the purposes of achievement of equivalence of applied procedures.

      The procedure for carrying out peer reviews by accreditation bodies of the Member States shall be approved by the Board of the Commission.

      Recognition of results of works on accreditation of bodies on conformity assessment of the member states shall be carried out according to the annex No. 11 to this Agreement.

      Footnote. Article 54 as amended by Law of the RK No. 6-VII of 15.02.2021.

Article 55 Elimination of technical barriers in the mutual trade with third countries

      Procedure and conditions of elimination of technical barriers in mutual trade with third countries shall be determined by international agreement within the union.

Section XI
SANITARY, VETERINARY AND SANITARY, QUARANTINE
PHYTOSANITARY MEASURES Article 56 General principles of application of sanitary, veterinary and sanitary, quarantine phytosanitary measures

      1. Sanitary, veterinary and sanitary, quarantine phytosanitary measures shall be applied on the basis of principles, having scientific justification, and only to the extent that is necessary to protect the human life and health, animals and plants.

      Sanitary, veterinary and sanitary, quarantine phytosanitary measures, applied within the Union shall be based on international and regional standards, guidelines and (or) recommendations, except for the cases, when on the basis of relevant scientific justification introduced the sanitary, veterinary and sanitary, quarantine phytosanitary measures, which ensure a higher level of sanitary, veterinary and sanitary, quarantine phytosanitary protection, than measures based on the relevant international and regional standards, guidelines and (or) recommendations.

      2. For the purposes of ensuring of sanitary and epidemiological welfare of the population, as well as veterinary and sanitary, quarantine phytosanitary security within the Union shall be conducted the systematic policy in the scope of application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.

      3. The systematic policy shall be implemented by joint development, application and implementation of international treaties and acts of the Commission by the member states in the field of application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.

      4. Each of the member states shall have a right to develop and introduce temporary sanitary, veterinary and sanitary, quarantine phytosanitary measures.

      Procedure of interaction of authorized bodies of the member states upon introduction of temporary sanitary, veterinary and sanitary, quarantine phytosanitary measures shall be approved by the Commission.

      5. Coordinated approaches upon conducting of identification, registration and traceability of animals and animal products shall be applied in accordance with the acts of commission.

      6. Application of sanitary, veterinary and sanitary, quarantine phytosanitary measures and interaction of authorized bodies of the member states in the field of sanitary, veterinary and sanitary, quarantine phytosanitary measures shall be carried out according to the annex No.12 to this Agreement.

Article 57 Application of sanitary measures

      1. Sanitary measures shall be applied in relation of persons, transport vehicles, as well as controlled to the sanitary and epidemiological supervision (control) of products (goods), included in accordance with the acts of Commission to the unified list of products (goods), subjected to the state sanitary and epidemiological supervision (control).

      2. The unified sanitary and epidemiological, hygienic requirements and procedures shall be established to the products (goods), subjected to the state sanitary and epidemiological supervision (control).

      The unified sanitary and epidemiological, hygienic requirements to the products (goods), in relation of which the technical regulations of the Union are developed shall be included to the technical regulations of the Union in accordance with the acts of Commission.

      3. Procedure of development, approval, change and application of the unified sanitary and epidemiological, hygienic requirements and procedures shall be approved by the Commission.

      4. For the purposes of ensuring of sanitary and epidemiological welfare of the population by the authorized bodies in the field of sanitary and epidemiological welfare of the population shall be carried out the state sanitary and epidemiological supervision (control) in accordance with the legislation of the member states and acts of the Commission.

      Authorized bodies in the field of sanitary and epidemiological welfare of the population may carry out the state supervision (control) of observance of requirements of technical regulations of the Union within the state sanitary and epidemiological supervision (control) in accordance with the legislation of the member states.

Article 58 Application of veterinary and sanitary measures

      1. Veterinary and sanitary measures shall be applied in relation of the goods (as well as goods for the private use), imported to the customs territory of the Union and transported through the customs territory of the Union, included to the unified list of goods, subjected to the veterinary control (supervision), approved by the Commission, as well as in relation of objects, subjected to the veterinary and sanitary control (supervision).

      2. The unified veterinary (veterinary and sanitary) requirements, approved by the Commission shall be applied to the goods and objects, subjected to the veterinary control (supervision).

      3. For the purposes of prevention of import and distribution of agents of contagious animal diseases, as well as general for human and animals, and goods, not relevant to the unified veterinary (veterinary and sanitary) requirements shall be carried out by the veterinary control (supervision) of goods controlled to the veterinary control (supervision), including the goods for the private use, as well as objects, subjected to the veterinary control (supervision) in accordance with the acts of Commission.

      Interaction of the member states upon prevention, diagnosis, localization and liquidation of the centers of especially dangerous, quarantine and zoonotic animal diseases shall be carried out in the manner established by the Commission.

      4. Authorized bodies in the field of veterinary shall carry out veterinary control (supervision) upon movement of goods, controlled to the veterinary control (supervision) through the customs border of the Union in the checkpoints through the state borders of the member states or in other places, determined by the legislation of the member states, which are fitted and equipped by the means of veterinary control (supervision) in accordance with the legislation of the member states.

      5. Each lot of goods, controlled to the veterinary control (supervision) shall be imported to the customs territory of the Union in accordance with the unified veterinary (veterinary and sanitary) requirements, approved by Commission, and upon condition of existence of permission, issued by the authorized body in the field of veterinary member state, in the territory of which the specified goods are imported, and (or) veterinary certificate, issued by the component body of country of sending of specified goods.

      6. The goods, controlled to the veterinary control (supervision) shall be transferred from the territory of one member state to the territory of another member state in accordance with the unified veterinary (veterinary and sanitary) requirements. The specified goods shall be accompanied by a veterinary certificate, unless otherwise determined by the Commission.

      The member states shall mutually recognize veterinary certificates issued by the authorized bodies in the field of veterinary on the unified forms, approved by the Commission.

      7. The basic principles of ensurance of security of goods, controlled to the veterinary control (supervision) upon their production, processing, transportation and (or) storage in the third countries shall be conducting of an audit of foreign official system of supervision.

      Authorized bodies in the field of veterinary shall conduct the audits of official foreign systems of supervision and verification (inspection) of objects, subjected to the veterinary control (supervision) in accordance with the acts of the Commission.

      8. The member states shall have a right to develop and introduce temporary veterinary (veterinary and sanitary) requirements and measures in the case of reception of official information from the relevant international organizations, member states, as well as from the third countries on deterioration of epizootic situation in the territories of third countries or member states.

      In the case of existence of specified information, but in the absence of sufficient scientific justification or impossibility of its presentation in the necessary terms, the member states may take urgent veterinary and sanitary measures.

Article 59 Quarantine phytosanitary measures

      1. Quarantine phytosanitary measures shall be applied in relation of products, included to the list of quarantine products (quarantine cargo, quarantine materials, quarantine goods), subjected to the quarantine phytosanitary control (supervision) in the customs border of the Union and in the customs territory of the Union (hereinafter – the list of quarantine products), quarantine objects, included to the unified list of quarantine objects of the Union, as well as quarantine objects.

      2. Quarantine phytosanitary control (supervision) in the customs territory of the Union and customs border of the Union shall be carried out in relation of products, included to the list of quarantine products, quarantine objects, included to the unified list of quarantine objects of the Union, as well as quarantine objects.

      3. The list of quarantine products, the unified list of quarantine objects of the Union and unified quarantine phytosanitary requirements shall be approved by the Commission.

Section XII
PROTECTION OF RIGHTS OF CONSUMERS Article 60 Guarantee of protection of rights of consumers

      1. The rights of consumers and their protection shall be guaranteed by the legislation of the member states on protection of rights of consumers, as well as by this Agreement.

      2. Citizens of the member states, as well as other persons, residing in its territory shall be used in the territories of other member states the same legal protection in the field of protection of consumers as the citizens of other member states and shall have a right to apply to the state and social organizations on protection of rights of consumers, other organizations, as well the courts and (or) carry out other procedural actions on the same conditions, as the citizens of other member states.

Article 61 Policy in the scope of protection of consumers

      1. The member states shall conduct the systematic policy in the scope of protection of consumers, directed to formation of equal conditions for citizens of the member states on protection of their interests from unfair activity of business subjects.

      2. Conducting of systematic policy in the scope of protection of consumers shall be ensured in accordance with this Agreement and legislation of the member states on protection of consumers on the basis of principles according to the annex No. 13 to this Agreement.

PART THREE
COMMON ECONOMIC SPACE
Section XIII
MACROECONOMIC POLICY Article 62 Basic directions of systematic macroeconomic policy

      1. Systematic macroeconomic policy, providing development and implementation of joint actions of the member states for the purposes of achievement of balanced development of economy of the member states shall be conducted within the Union.

      2. Coordination of conducting of systematic macroeconomic policy by the member states shall be carried out by the Commission according to the annex No. 14 to this Agreement.

      3. Basic directions of systematic macroeconomic policy conducted by the member states shall include:

      1) ensuring of sustainable development of economy of the member states with the use of integration potential of the Union and competitive advantages of each member state;

      2) formation of unified principles of functioning of economy of the member states and ensuring of their effective interaction;

      3) creation conditions for increasing of internal stability of economy of the member states, including ensurance of macroeconomic stability, as well as stability to the external effect;

      4) development of general principles and guidelines for the prediction of socio-economic development of the member states.

      4. Implementation of basic directions of systematic macroeconomic policy shall be carried out in accordance with annex No. 14 to this Agreement.

Article 63 Basic macroeconomic indices, determining stability of economic development

      The member states shall form the economic policy within the following quantitative values of macroeconomic indices, determining stability of economic development:

      the annual deficit of the consolidated budget of the state management sector

      - does not exceed 3 percent of gross domestic product;

      the debt of the state management sector

      - does not exceed 50 percent of gross domestic product;

      rate of inflation (consumer price index) in the annual terms (December to December of the previous year, in the percent) - does not exceed more than 5 percentage points of rates of inflation in the member state in which the index has lower-range value.

Section XIV
CURRENCY POLICY Article 64 Purposes and principles of systematic currency policy

      1. The member states for the purposes of deepening of economic integration, development of cooperation in the currency and financial scope, ensuring of free movement of goods, services and capital in the territories of the member states, increase the role of national currencies of the member states in the foreign trade and investments operations, as well as ensuring of mutual convertibility of specified currencies shall develop and conduct the systematic currency policy on the basis of the following principles:

      1) phased implementation of harmonization and approximation of approaches to formation and conducting of currency policy in to the extent to which it corresponds to the prevailing macroeconomic needs of integration and cooperation;

      2) creation of necessary organizational and legal conditions in national and interstate level for development of integration processes in the currency scope, coordination and harmonization of currency policy;

      3) non-application of actions in the currency scope, which may adversely affect to the development of integration processes, and in the case of forced application - minimizing the consequences of such actions;

      4) conducting of economic policy, directed to increasing confidence to the national currency of the member states, both in the internal currency market of each member states, as in the international currency markets.

      2. For the purposes of systematic currency policy, the member states shall implement measures according to the annex No. 15 to this agreement.

      3. Coordination of exchange rate policy shall be carried out by the separate body, in the composition of which the heads of the national (central) banks of the member states are included and procedure of activity of which is determined by international agreement within the Union.

      4. Coordinated approaches of the member states to regulation of currency legal relations and adoption of liberalization measures shall be determined by international treaty within the Union.

Section XV
TRADE IN SERVICES, INSTITUTION, ACTIVITY AND
IMPLEMENTATION OF INVESTMENTS Article 65 Purposes and subject of regulation, the scope of application

      1. The purpose of this section shall be ensuring of freedom of trade in services, institutions, activities and implementation of investments within the Union in accordance with conditions of this section and annex No.16 to this Agreement.

      The legal basis of regulation of trade in services, institutions, activities and implementation of investments in the member states shall be determined by the annex No.16 to this Agreement.

      2. Provisions of this section shall be applied to the measures of the member states, affecting the suuply and reception of services, institution, activity and implementation of investments.

      Provisions of this section shall not be applied:

      to the state (municipal) purchases, regulated by section XXII of this Agreement;

      to the supplied services and carried out activity in execution of functions of the state power.

      3. Services covered by sections XVI, XIX, XX and XXI of this Agreement respectively shall be regulated by provisions of these sections. Provisions of this section shall operate in a part, not contradicting to the specified sections.

      4. Features of legal relations, arising in connection with the trade in services of telecommunication shall be determined in accordance with Procedure of the trade in services of telecommunication (annex No.1 to the annex No. 16 of this Agreement).

      5. Features of entry, departure, residing and labour activity of individual shall be regulated by section XXVI of this Agreement in a part, not contradicting to this section.

      6. Nothing in this section shall be interpreted as:

      1) requirement to any member state to provide any information, the disclosure of which it considers as contrary to its essential security interests;

      2) prevention to any member state to take any actions, which it considers as necessary for protection of essential interests of its security by adoption of the legislative act, as well as:

      relating to supply of services, carrying out directly or indirectly for the purpose of supplying a military establishment;

      relating to fissile and thermonuclear materials or the materials from which they are derived;

      adopted in war time or other emergency circumstances in the international relations;

      3) prevention for any member state to take any action for execution of obligations in accordance with the United Nation Charter for the purposes of preservation of international security and peace.

      7. Provisions of this section shall not prevent to the member state to take or apply measures:

      1) necessary for protection of public morals or support of public order. Exceptions for reasons of public order may be applied only in the cases, when justifiable and sufficiently serious threat is formed in relation of one from fundamental interests of society;

      2) necessary for protection of life or health of human, animal or plant;

      3) necessary for observance of the legislation of the member states, not contradicting to the provisions of this section, including measures, relevant to:

      prevention of misleading and abusive practice or consequences of non-observance of civil agreements;

      protection from intervention to private life of individuals upon processing and dissemination of details of personal character and protection of confidentiality of details on private life and accounts;

      security;

      4) inconsistent with paragraphs 21 and 24 of annex No. 16 to this Agreement, upon condition, that the difference in actually provided regime is aimed at ensuring the justified or effective imposition of direct taxes and their collection from persons of another member state or third states in relation of the trade in services, institutions and activities and such measures shall not contradict to provisions of international treaties of the member states;

      5) inconsistent with paragraphs 27 and 29 of annex No. 16 to this agreement, upon condition, that the difference in relation of regime is the result of agreement on issues of imposition of tax, as well as on avoidance of double taxation, participant of which shall be the relevant member state.

      8. Application of measures, provided by paragraph 7 of this Article shall not lead to arbitrary or unjustified discrimination between the member states or to latent restrictions in the trade in services, institutions, activity and implementation of investments.

      9. If the member state preserves, in relation of third state, restrictions or prohibitions in relation of trade in services, institutions, activity and implementation of investments, nothing in this section shall be construed as obligation of such member state to distribute to the persons of another member state the provisions of this section, if such person owned or controlled by persons of specified third state, and distribution of provisions of this section will lead to circumvention or violation of these prohibitions and restrictions.

      10. Member state may not distribute its obligations, assumed them in accordance with this section to the person of another member state in relation of trade in services, institutions, activity and implementation of investments, in the case if it is proved that such person of another member state does not implement essential business operations in the territory of this member states and owned or controlled by person of first member state or person of third state.

Article 66 Liberalization of the trade in services, institutions, activity and implementation of investments

      1. The member states shall not introduce new discriminatory measures in relation of the trade in services, institutions and activity of persons of other member states in comparison with the regime effective on the date of entry into force of this Agreement.

      2. For the purposes of ensuring of freedom of trade in services, institutions, activity and implementation of investments, the member states shall conduct phased liberalization of conditions of mutual trade in services, institutions, activity and implementation of investments.

      3. The member states shall seek to creation and ensuring of functioning of unified market of services, provided by paragraphs 38-43 of the annex No. 16 to this Agreement, in the maximum number of sectors of services.

Article 67 Principles of liberalization of the trade in services, institutions, activity and implementation of investments

      1. Liberalization of the trade in services, institutions, activity and implementation of investments shall be carried out in recognition of international principles and standards by harmonization of the legislation of the member states and organization of mutual administrative cooperation of component bodies of member states.

      2. In the process of liberalization of trade in services, institutions, activity and implementation of investments of the member state shall be managed by the following principles:

      1) optimization of internal regulation - the gradual simplification and (or) abolition of excessive internal regulation, as well as permissive requirements and procedures for suppliers, service recipients, persons, carried out institution or activity, and investor in recognition of international best practice of regulation of specific sectors of services, and in the case of its absence - by selection and application of the most advanced models of the member states;

      2) proportionality – necessity and sufficiency of levels of harmonization of the legislation of member states and mutual administrative cooperation for the effective functioning of the market of services, institutions, activity or implementation of investments;

      3) mutual benefit – liberalization of the trade in services, institutions, activity and implementation of investments on the basis of equitable distribution of benefits and obligations in recognition of sensitivity of sectors of services and types of activity for each member state;

      4) subsequence – taking any measures in relation of the trade in services, institutions, activity and implementation of investments, as well as harmonization of the legislation of the member states and administrative cooperation on the basis of the following:

      in any of the sectors of services and types of activity inadmissible deterioration of conditions of mutual access in comparison with the conditions effective on the date of signing of this Agreement and conditions vested in this Agreement;

      phased reduction of restrictions, exemptions, additional requirements and conditions, provided by individual national lists of restrictions, exemptions, additional requirements and conditions, approved by the Superior Council, specified in the item 4 of paragraph 2, and paragraphs 15 - 17, 23, 26, 28, 31, 33 and 35 of the annex No.16 to this Agreement;

      5) economic practicability – conducting within formation of the unified market of services, provided by paragraphs 38-43 of the annex No.16 to this Agreement, liberalization of the trade in services in the priority procedure in relation of sectors of services, in the greatest extend affecting on the cost price, competitiveness and (or) volumes of produced and sold in the internal market of the Union of goods.

Article 68 Administrative cooperation

      1. The member states shall render assistance to each other in ensuring of effective cooperation between the component bodies on issues, regulated by this section.

      The component bodies of the member states shall conclude an agreement for ensuring of effective cooperation, as well as for exchange of information.

      2. Administrative cooperation shall include:

      1) operative information exchange between the component bodies of the member states in general both on the sectors of services, as in relation of specific participants of the market;

      2) creation of a mechanism of prevention of violation of rights and legal interests of consumers, fair market entities, as well as public (state) interests by the suppliers of services.

      3. The component bodies of the member state may request from the component bodies of other member states within the concluded agreements, information, relating to the scope of the competence of the last and necessary for effective implementation of requirements, provided by this section, as well as:

      1) on persons of other member states, carried out institution or supplying services in the territory of the first member state, and in particular on details, approving that such persons is really established in their territories and that according to the competent bodies, these persons carry out an entrepreneurial activity;

      2) on permissions, issued by the component bodies and types of activity, on carrying out of which the permission is issued;

      3) on administrative measures, criminal law sanctions or decisions on recognition of insolvency (bankruptcy) of the person, which were accepted by the component bodies in relation of this person and which directly affect his (her) competence or professional reputation. The component bodies of one member state shall present the relevant information to the component bodies of another member state, requested it, as well as on the grounds of involvement to responsibility of persons, implemented institution or supplying services in the territory of the first member state.

      4. Administrative cooperation of the component bodies of the member states (as well as carrying out control and supervision of activity) shall be carried out for the purposes of:

      1) creation of effective system of rights protection of reception of services of one member state upon supply of these services by the supplier of another member state;

      2) execution of tax and other obligations by suppliers and recipients of services;

      3) suppression of unfair business practices;

      4) ensuring the reliability of statistical data on volumes of services of the member states.

      5. In the case if the member state became aware on actions of any of suppliers of services, persons, carrying out institution or activity, or investors, who are able to cause damage to health or safety of people, animal, plants or environment in the territory of this member state or in the territories of other member states, the first member state shall inform on that all member states and Commission as soon as possible.

      6. Commission shall assist to creation and participate in the process of functioning of information systems of the Union on issues, regulated by this section.

      7. The member states may inform Commission on the cases of non-execution of obligations, provided by this Article by other member states.

Article 69 Transparency

      1. Each member state shall ensure the openness and accessibility of its legislation on issues regulated by this section.

      In these purposes all regulatory legal acts of the member state, which affect or may affect the issues, regulated by this section shall be published in the official source, and if it is possible at an appropriate site in the information and telecommunications network “Internet” (hereinafter – Internet), so that any person, rights and (or) obligations of which may be affected by these regulatory legal acts has the opportunity to become acquainted with them.

      2. Regulatory legal acts of the member state, specified in paragraph 1 of this Article shall be published in the term, ensuring the legal certainty and reasonable expectations of persons, rights and (or) obligations of which may be affected by these regulatory legal acts, but in any case before the date of their entry into legal force (introduction into effect).

      3. The member states shall ensure preliminary publication of projects of regulatory legal acts, specified in paragraph 1 of this Article.

      The member states shall post projects of regulatory legal acts, information on procedure of direction by persons the comments and suggestions on them, as well as details on the term of conducting of public discussion of project of regulatory legal act in the Internet on the official websites of the state bodies, responsible for development of project of regulatory legal act, or on the specially created sites for the purposes of provision possibilities to direct their comments and suggestions to all interested persons.

      Projects of specified regulatory legal acts shall be published, in general, 30 calendar days before the date of their adoption. Such preliminary publication shall not be required in the exceptional cases, requiring operative regulation, as well as in the cases, when preliminary publication of projects of regulatory legal acts may intervene to their execution or otherwise contradict to the public interests.

      Comments and (or) suggestions, received by the component bodies of the member states within the public discussion, as possible shall be considered upon updating of projects of regulatory legal acts.

      4. Publication of regulatory legal acts (their projects), specified in paragraph 1 of this Article shall be accompanied by an explanation of the purposes of their adoption and application.

      5. The member states shall create mechanism, ensuring presentation of responses to written or electronic requests of any person on effective and (or) planned to adopt regulatory legal acts, specified in paragraph 1 of this Article.

      6. The member states shall ensure consideration of applications of persons of other member states on issues regulated by this section, in accordance with their legislation in the manner established for their persons.

Section XVI
REGULATION OF FINANCIAL MARKETS Article 70 Purposes and principles of regulation of financial markets

      1. The member states within the Union shall carry out the coordinated regulation of financial markets in accordance with the following purposes and principles:

      1) deepening of economic integration of the member states for the purposes of creation within the Union of common financial market and ensuring of non-discriminated access to the financial markets of the member states;

      2) ensuring of guaranteed and effective protection of rights and legal interests of consumers of financial services;

      3) creation of conditions for the mutual recognition of licenses in the banking and insurance sectors, as well as in the sector of services in the security market, issued by the authorized bodies of one member state, in the territories of other member states;

      4) determination of approaches to regulation of risks in the financial markets of the member states in accordance with the international standards;

      5) determination of requirements, presented to the banking activity, insurance activity and activity in the security market (prudential requirements);

      6) determination of procedure of carrying out of supervision of activity of participants of financial market;

      7) ensuring of transparency of activity of participants of financial market.

      2. For the purposes of creation of conditions in the financial market for ensuring of free movement of capital, the member states shall apply the following basic forms of cooperation, as well as:

      1) exchange of information, as well as confidential, between the authorized bodies of the member states on issues of regulation and development of banking activity and activity in the security market, control and supervision in accordance with international treaty within the Union;

      2) conducting of coordinated measures on discussion of current and possible problems, arising in the financial markets, and on development of suggestions on their decision;

      3) conducting of mutual consultations by the authorized bodies of the member states on issues of regulation of banking activity, insurance activity and activity in the security market.

      3. For achievement of purposes, set out in paragraph 1 of this Article, the member states shall carry out harmonization of its legislation in the scope of financial market in accordance with international treaty within the Union and in recognition of annex No. 17 to this Agreement and Article 103 of this Agreement.

Section XVII
TAXES AND TAXATION Article 71 Principles of interaction of the member states in the scope of taxation

      1. The goods, imported from the territory of one member state to the territory of another member state shall be imposed indirect taxes.

      2. The member states in the mutual trade shall collect taxes, other levies and charges in such a way that taxation in the member state, in the territory of which the sale of goods of other member states is carried out, was no less favorable than the taxation applied by that member state under the same circumstances in relation of similar goods originating from its territory.

      3. The member state shall determine directions, as well as forms and procedure of carrying out of harmonization of the legislation in relation of taxes, which has influence on the mutual trade, not to violate conditions of competition and does not impede the free movement of goods, works and services at the national level or at the level of the Union, including:

      1) harmonization (approximation) of rates of excise duties for the most sensitive excisable goods;

      2) further improvement of the system of collection of tax to the added cost in the mutual trade (as well as with application of information technologies).

Article 72 Principles of collection of indirect taxes in the member states

      1. Collection of indirect taxes in the mutual trade in goods shall be carried out on the principle of the country of destination, providing application of a zero rate of tax to the added cost and (or) the exemption from payment of excise duties upon export of goods, as well as their taxation of indirect taxes upon import.

      Collection of indirect taxes and mechanism of control for their payment upon export and import of goods shall be carried out in the manner according to the annex No. 18 to this Agreement.

      2. Collection of indirect taxes upon execution of works, rendering of services shall be carried out in the member state, the territory of which is recognized as a place of implementation of works, services.

      Collection of indirect taxes upon execution of works, rendering of services shall be carried out in the manner provided by the annex No.18 to this Agreement.

      3. Exchange of information, necessary for ensuring of full payment of indirect taxes between the taxation bodies of the member state shall be carried out in accordance with the separate international interdepartmental agreement, which establishes the procedure of exchange of information, the form of application on the import of goods and payment of indirect taxes, the rules of its filling and requirements to the interchange format.

      4. Upon import of goods to the territory of one member state from the territory of another member state, the indirect taxes shall be collected by the taxation bodies of the member state to the territory of which the goods are imported, unless otherwise established by the legislation of this member state in a part of goods, subjected to marking with excise stamps (accounting and control marks, trademarks).

      5. Rates of indirect taxes in the mutual trade upon import of goods to the territory of the member state shall not exceed the rates of indirect taxes, which the similar goods are imposed upon their sale in the territory of this member state.

      6. Indirect taxes shall not be collected upon import to the territory of the member state of:

      1) goods, which in accordance with the legislation of this member state do not subject to taxation (exempted from taxation) upon import to its territory;

      2) goods, which are imported to the territory of the member state by individuals for the purposes of entrepreneurial activity;

      3) goods, the import of which to the territory of one member state from the territory of another member state is carried out in connection with their transfer within one legal entity (the obligation on notification of taxation bodies on import (export) of such goods may be established by the legislation of the member state).

Article 73 Taxation of incomes of individuals

      In the case if one member state in accordance with its legislation and provisions of international treaties shall have a right to impose taxes of incomes of tax resident (persons with permanent residence) of another member state in connection with the hired labour, carried out in the first mentioned member state, such income shall be imposed in the first member state from the first day of hired labour on the tax rates, provided for such incomes of individuals – tax residents (persons with permanent residence) of this first member state.

      Provisions of this Article shall be applied to the taxation of incomes in connection with the hired labour, received by citizens of the member state.

Section XVIII
GENERAL PRINCIPLES AND RULES OF COMPETITION Article 74 General provisions

      1. The subject of this section shall be establishment of general principles and rules of competition, providing revelation and suppression of anticompetitive actions in the territories of the member states, and actions, rendering a negative effect on the competition in the trans-border market in the territory of two and more member states.

      2. Provisions of this section shall be distributed to the relations, linked with implementation of competitive (antimonopoly) policy in the territories of the member states, and on relations with participation of economic entities (market entities) of the member states, which render or may render a negative effect on competition in the trans-border markets in the territories of two and more member states. Criteria of referring of market to the trans-border for the purposes of determination of competence of Commission shall be established by decision of Superior council.

      3. The Member States may establish in their legislation:

      1) additional prohibitions, as well as additional requirements and restrictions on the prohibitions envisaged by Articles 75 and 76 of this Treaty;

      2) other (additional) conditions for recognising the dominant position of a business entity (market participant);

      3) the grounds and procedure for issuing warnings when exercising powers to prevent and detect indications of breaches of competition (antitrust) law in a Member State;

      4) the grounds and procedure for issuing warnings on the inadmissibility of acts (omissions) that may entail a breach of competition (antitrust) law of a Member State.

      4. The member states shall conduct the systematic competitive (antimonopoly) policy in relation of actions of economic entities (market entities) of third countries, if such actions may render a negative effect on the state of competition in the goods markets of the member states.

      5. Nothing in this section shall be construed as impediment for any member state to assume any measures, which it considers necessary for protection of important interests of national defense or state security.

      6. Provisions of this section shall be applied to the subjects of natural monopolies in recognition of features, provided by this Agreement.

      7. Implementation of provisions of this section shall be carried out according to the annex No.19 to this Agreement.

      Footnote. Article 74 as amended by Law of the RK No. 6-VII of 15.02.2021.

Article 75 General provisions of competition

      1. Application by the member states the regulations of its competitive (antimonopoly) legislation to the economic entities (market entities) of the member states shall be carried out in the same way and equally irrespective of organization and legal form and place of registration of such economic entities (market entities) on the equal conditions.

      2. The member states shall establish in its legislation, including prohibitions on:

      1) agreements between the bodies of state authorities, local authorities, other bodies or organizations, carrying out their functions or between them and economic entities (market entities), if such agreements lead or may lead to non-admission, restriction or elimination of competition, except for the cases, provided by this Agreement and (or) other international treaties of the member states;

      2) provision of the state or municipal preferences, except for the cases, provided in the legislation of the member states and in recognition of features, provided by this Agreement and (or) other international treaties of the member states.

      3. The member states shall take efficient measures on prevention, revelation and suppression of actions (omission), provided by subparagraph 1 of paragraph 2 of this Article.

      4. The member states shall ensure effective control of economic concentration to the extent that is necessary for protection and development of competition in the territories of each member state in accordance with its legislation.

      5. Each member state shall ensure existence of body of the state authority, the competence of which includes implementation and (or) conducting of policy, which means, among other things, granting of such body of powers on control of observance of prohibition to the anticompetitive actions and prohibition to unfair competition, of economic concentration, as well as powers on prevention and revelation of violations of competitive (antimonopoly) legislation, taking measures on termination of specified violations and bringing to responsibility for such violations (hereinafter – authorized body of the member state).

      6. The member states shall establish in its legislation the fine sanctions for commission of anticompetitive actions in relation of economic entities (market entities) and civil servants of authorities, based on the principles of efficiency, proportionality, security, necessity and certainty and ensure control for their application. Upon that the member states recognize that in the case of application of fine sanctions, the highest fine sanctions shall be established for violations, representing the greatest threat for competition (restricting the competition of agreement, abuse of dominant position by economic entities (market entities) of the member states), upon that preferred the fine sanctions, calculated from the amount of sales of violator from sale of goods or from the amount of incomes of violator on the purchase of goods, in the market of which the infraction is committed.

      7. The member states shall ensure information openness of competitive (antimonopoly) policy, conducted by them in accordance with its legislation, as well as by placement of details on activity of authorized bodies of the member states in the mass media and on the Internet.

      8. Authorized bodies of the member states shall carry out interaction by direction of notifications, requests on provision of information, conducting of consultations, informing on investigations (consideration of cases), affecting the interests of another member state, conducting of investigations (consideration of cases) on request of the authorized body of one of the member states and informing on its results in accordance with the legislation of its state and this Agreement.

Article 76 General rules of competition

      1. Shall be prohibited actions (omission) of economic entity (market entity), holding a dominant position, the result of which is or may be non-admission, restriction, elimination of competition and (or) infringement of the interests of other persons, including the following actions (omission):

      1) establishment, maintaining monopolistically high or low prices of goods;

      2) withdrawal of goods from circulation, if the result of such withdrawal was increase the price of the goods;

      3) imposing of economically or technologically unjustified conditions of agreement to the contractor, unfavorable for him (her) or not related to the subject of agreement;

      4) economically or technologically unjustified reduction or termination of production of goods, if the goods are in demand or placed the orders for its delivery in the presence of possibility of its profitable production, as well as if such reduction or termination of production of goods are not directly provided by this Agreement and (or) other international treaties of the member states;

      5) economically or technologically unjustified refusal or evasion from conclusion of agreement with separate buyers (customers) in the case of existence of possibility of production or delivery of relevant goods in recognition of features, provided by this Agreement and (or) other international treaties of the member states;

      6) economically, technologically or otherwise unjustified establishement of different prices (tariffs) for the same goods, creation of discriminatory conditions in recognition of features, provided by this Agreement and (or) other international treaties of the member states;

      7) creation of obstacles to entry into the goods market or exit from the goods market to other economic entities (market entities).

      2. Shall not be allowed unfair competition, as well as:

      1) distribution of false, inadequate or distorted details, which may incur losses to the economic entity (market entity) or cause damage to its business reputation;

      2) misrepresentation in relation of nature, method and place of production, consumer properties, quality and quantity of goods or in relation of its producers;

      3) incorrect comparison of goods, produced or sold by the economic entities (market entity) with goods, producing or selling by other economic entities (market entities).

      3. Shall be prohibited agreements between the economic entities (market entities) of the member states, being competitors, acting on the same goods market, which lead or may lead to:

      1) establishement or support of prices (tariffs), discounts, additional charges (extra charges), markups;

      2) increase, reduction or support of prices at auctions;

      3) division of goods market on territorial principle, volume of sales or purchase of goods, assortment of sold products or composition of sellers or buyers (customers);

      4) reduction or termination of production of goods;

      5) refusal of conclusion of agreements with certain sellers or buyers (customers).

      4. Shall be prohibited “vertical” agreements between the economic entities (market entities), except for the “vertical” agreements, which are recognized as admissible in accordance with criterions of admissibility, established by the annex No.19 to this Agreement, in the case if:

      1) such agreement lead or may lead to establishement of prices of resale of goods, except for the case, when seller established the maximum price of resale of goods for buyer;

      2) such agreements provide the buyer’s obligation not to sell the goods of economic entity (market entity) which is a competitor of the seller. Such prohibition shall not be distributed to agreements on organization by the buyer of sale of goods under the trademark or by other means of identification of the seller or producer.

      5. Shall be prohibited other agreements between the economic entities (market entities), except for the “vertical” agreements, which are recognized as admissible in accordance with criterions of admissibility, established by the annex No.19 to this Agreement, in the case if it is established that such agreements lead or may lead to restriction of competition.

      6. Individuals, commercial organizations and non-commercial organizations shall be prohibited to carry out coordination of economic activity of economic entities (market entities) of the member states, if such coordination leads or may lead to any of consequences, specified in paragraphs 3 and 4 of this Article, which may not be recognized as admissible in accordance with criterions of admissibility, established by the annex No.19 to this Agreement. The member states shall have a right to establish in its legislation the prohibition to coordination of economic activity, if such coordination leads or may lead to the consequences, specified also in paragraph 5 of this Article, which may not be recognized as admissible in accordance with criterions of admissibility, established by the annex No.19 to this Agreement.

      7. Suppression of violations by the economic entities (market entities) of the member states, as well as individuals and noncommercial organizations of the member states, not carrying out an entrepreneurial activity, general rules of competition, established by this section, in the case of such violations render or may render a negative effect to competition in the trans-border markets in the territories of two and more member states, except for the financial markets shall be carried out by Commission in the manner provided by the annex No.19 to this Agreement.

Article 77 The state price regulation

      The order of introduction of the state price regulation, as well as challenge of decisions of the member states on its introduction shall be determined by the annex No.19 to this Agreement.

Section XIX
NATURAL MONOPOLIES Article 78 Scopes and subjects of natural monopolies

      1. The member states upon regulation of activity of subjects of natural monopolies shall be guided by regulations and provisions, provided by the annex No.20 to this Agreement.

      2. Provisions of this section shall be distributed to the relations with participation of subjects of natural monopolies, consumers, executive bodies, local authorities of the member states in the scopes of natural monopolies, having influence with the trade between the member states and specified in the annex No.1 to the annex No.20 to this Agreement.

      3. Legal relations in the specific scopes of natural monopolies shall be determined by this section in recognition of features, provided by sections XX and XXI of this Agreement.

      4. In the member states the scopes of natural monopolies shall also include the scopes of natural monopolies, specified in the annex No.2 to the annex No. 20 to this Agreement.

      In relation of scopes of natural monopolies, specified in the annex No.2 to the annex No.20 to this Agreement shall be applied the requirements of the legislation of the member states.

      5. The list of services of subjects of natural monopolies, referred to the scopes of natural monopolies shall be established by the legislation of the member states.

      6. The member states shall seek to harmonization of the scopes of natural monopolies, specified in the annexes No.1 and 2to the annex No.20 to this Agreement, by their reduction and with possible determination of transitional period in the sections XX and XXI of this Agreement.

      7. Expansion of scopes of natural monopolies in the member states shall be carried out:

      in accordance with the legislation of the member states in the case, if the member state intends to include to the scope of natural monopolies the scope, which is the scope of natural monopoly in another member state and given in the annex No.1 or No.2 to the annex No.20 to this Agreement;

      by the decision of Commission in the case, if to the scope of natural monopolies the member state intends to include other scope of natural monopolies, not specified in the annex No.1 or 2 to the annex No.20 to this Agreement, after relevant application of this member state to the Commission.

      8. This section shall not be distributed to the relations, regulated by existing bilateral international treaties between the member states. The newly concluded bilateral treaties between the member states may not be contrary to this section.

      9. Provisions of the section XVIII of this Agreement shall be applied to the subjects of natural monopolies in recognition of features, provided by this section.

Section XX
ENERGETICS Article 79 Interaction of the member states in the scope of energetics

      1. For the purposes of effective use of potential fuel and energy complexes of the member states, as well as ensuring of national economics with main types of energy resources (electric energy, gas, oil and petroleum products), the member states shall develop the long term mutually beneficial cooperation in the scope of energetics, conduct coordinated energy policy, carry out the gradual formation of common markets of energy resources in accordance with international treaties, provided in Articles 81,83 and 84 of this Agreement, in recognition of ensuring of energy security, based on the following basic principles:

      1) ensuring of market pricing for energy resources;

      2) ensuring development of competition in the common markets of energy resources;

      3) absence of technical, administrative and other obstacles to the trade in energy resources, with appropriate equipment, technologies and related services;

      4) ensuring development of transport infrastructure of common markets of energy resources;

      5) ensuring of nondiscriminatory conditions for economic entities of the member states in the common markets of energy resources;

      6) creation of favorable conditions for involvement of investments to the energy complex of the member states;

      7) harmonization of national regulations and rules of functioning of technological and commercial infrastructure of common markets of energy resources.

      2. The legislation of the member states shall be applied to the relations of economic entities of the member states, carrying out its activity in the scopes of electric energy, gas, oil and petroleum products, not regulated by this section.

      3. Provisions of section XVIII of this Agreement in relation of activity of economic entities of the member states in the scopes of electric energy, gas, oil and petroleum products shall be applied in recognition of features, provided by this section and section XIX of this Agreement.

Article 80 Indicative (forward) gas balances, oil and petroleum products

      1. For the purposes of effective use of complex energy potential and optimization of interstate supplies of energy resources, the authorized bodies of the member states shall develop and coordinate:

      indicative (forward) gas balance of the Union;

      indicative (forward) oil balance of the Union;

      indicative (forward) petroleum products balance of the Union.

      2. Development of balances, specified in paragraph 1 of this Article shall be carried out in recognition of Commission and in accordance with methodology of formation of indicative (forward) gas balance, oil, petroleum products balances, provided by paragraph 1 of Article 104 of this Agreement, and coordinated by the authorized bodies of the member states.

Article 81 Formation, operation and development of the common electric power market of the Union

      Formation, operation and development of the common electric power market of the Union shall be guided by the principles and rules pursuant to Annex 21 hereto, subject to Article 104, paragraph 8 hereof.

      Footnote. Article 81 - as reworded by Law of the Republic of Kazakhstan No. 109-VII of 16.03.2022 (see Article 2 for the enactment procedure).

Article 82 Ensuring access to the services of subjects of natural monopolies in the scope of electric-power industry

      1. To the extent technically possible, the member states shall ensure unimpeded access to services of natural monopoly entities in the field of electric power, provided the priority use of these services to satisfy internal needs for electric power (capacity) of the member states under Annex 21 hereto and the act of the Union authority stipulated by paragraph 5 of the said Annex.

      2. Repealed by Law of the Republic of Kazakhstan No. 109-VII of 16.03.2022 (See Article 2 for the enactment procedure).
      Footnote. Article 82 as amended by Law of the Republic of Kazakhstan No. 109-VII of 16.03.2022 (see Article 2 for the enactment procedure)..

Article 83 Formation of common market of gas of the Union and ensuring of access to the services of subjects of natural monopolies in the scope of gas transportation

      1. The member states shall carry out the gradual formation of common market of gas of the Union according to the annex No.22 in recognition of transitional provisions, provided by paragraphs 4 and 5 of Article 104 of this Agreement.

      2. The member states shall develop the concept and program of formation of common market of gas of the Union, approved by the Superior council.

      3. The member states shall conclude an international treaty within the Union on formation of common market of gas, based on the provisions of approved concepts and program of formation of common market of the Union.

      4. The member states within the current technical capabilities, free capacity of gas transmission systems in recognition of coordinated indicative (forward) gas balance of the Union and on the basis of civil agreements of economic entities shall ensure unimpeded access of economic entities of other member states to the gas transmission systems, placed in the territories of the member states, for gas transportation on the basis of unified principles, conditions and rules, provided by the annex No. 22 to this Agreement.

Article 84 Formation of common markets of oil and petroleum products of the Union and ensuring of access to the services of subjects of natural monopolies in the scope of oil and petroleum products transportation

      1. The member states shall carry out the gradual formation of common market of oil and petroleum products of the Union according to the annex No.23 to this Agreement in recognition of transitional provisions, provided by paragraphs 6 and 7 of Article 104 of this Agreement.

      2. The member states shall develop the concept and program of formation of common markets of oil and petroleum products of the Union, approved by the Superior council.

      3. The member states shall conclude an international treaty within the Union on formation of common market of oil and petroleum products, based on the provisions of approved concepts and program of formation of common markets of oil and petroleum products of the Union.

      4. The member states within the current technical capabilities in recognition of coordinated indicative (forward) oil balance of the Union, coordinated indicative (forward) petroleum products balance of the Union and on the basis of civil agreements of economic entities shall ensure unimpeded access of economic entities of other member states to the oil and petroleum products transmission systems, placed in the territories of the member states, on the basis of unified principles, conditions and rules, provided by the annex No. 23 to this Agreement.

Article 85 Powers of the Commission in energy

      In the field of energy, the Commission shall:

      monitor the implementation of this section;

      provide organisational and technical support for interaction between the state bodies of the Member States authorised to regulate the energy sector, organisations of technological and commercial infrastructure, and participants of the energy markets of the Member States in the formation and functioning of common energy markets;

      monitor the implementation of the acts of the Union bodies concerning the formation of common markets for energy resources.

      Footnote. Article 85 as amended by Law of the RK No. 6-VII of 15.02.2021.

Section XXI
TRANSPORT Article 86 Coordinated (systematic) transport policy

      1. The Union shall carry out the coordinated (systematic) transport policy, directed to ensuring of economic integration, consistent and gradual formation of unified transport space on the principles of competition, openness, security, reliability, accessibility and environmental disposal.

      2. The tasks of coordinated (systematic ) transport policy shall be:

      1) creation of common market of transport services;

      2) adoption of coordinated measures on ensuring of common advantages in the scope of transport and implementation of best practices;

      3) integration of transport systems of the member states to the world transport system;

      4) effective use of transit potential of the member states;

      5) improving the quality of transport services;

      6) ensuring of transport security;

      7) reducing the harmful effects of transport on the environment and human health;

      8) formation of favorable investment climate.

      3. Basic priorities of coordinated (systematic) transport policy shall be:

      1) formation of unified transport space;

      2) creation and development of Eurasian transport corridors;

      3) implementation and development of transit potential within the Union;

      4) coordination of development of transport infrastructure;

      5) creation of logistics centers and transport organizations, ensuring optimization of transport processes;

      6) involvement and use of human capacity of the member states;

      7) development of science and innovation in the scope of transport.

      4. Coordinated (systematic) transport policy shall be formed by the member states.

      5. Basic directions and implementation phases of coordinated (systematic) transport policy shall be determined by the Superior council.

      6. Monitoring of implementation by the member states of coordinated (systematic) transport policy shall be carried out by Commission.

Article 87 The scope of application

      1. Provisions of this section shall be applied to motor, air, water and rail transport in recognition of provisions of sections XVIII and XIX of this Agreement and features, provided by annex No.24 to this Agreement.

      2. The member states shall seek to the gradual liberalization of transport services between the member states.

      Procedure, conditions and stage by stage liberalization shall be determined by international treaties within the Union in recognition of features, provided by annex No.24 to this Agreement.

      3. Requirements to the transport security (transport security and transport operation security) shall be determined by the legislation of the member states and international agreements.

Section XXII
THE STATE (MUNICIPAL) PURCHASES Article 88 Purposes and principles of regulation in the scope of the state (municipal) purchases

      1. The member states shall determine the following purposes and principles of regulation in the scope of the state (municipal) purchases (hereinafter – purchases):

      regulation of relations in the scope of purchases by the legislation of the member state on purchases and international treaties of the member states;

      ensuring of efficient and effective spending of means, used for purchases in the member states;

      provision of national regime in the scope of purchases to the member states;

      inadmissibility of provision of regime in the scope of purchases to the third countries more favorable than provided to the member states;

      ensuring of informational openness and transparency of purchases;

      ensuring of unimpeded access of potential suppliers and suppliers of the member states to participation in purchases, conducted in the electronic format, by mutual recognition of electronic digital signature, produced in accordance with the legislation of one member state, by other member state;

      ensuring of existence of the authorized regulatory and controlling regulatory bodies of the member states in the scope of purchases (it is allowed execution of these functions by one body);

      establishement of responsibility for violation of the legislation of the member states on purchases;

      development of competition, as well as counteraction of corruption and other abuse in the scope of purchases.

      2. Effect of this Agreement shall not be distributed to the purchases, details on which consist the state secret (state secrets) in accordance with the legislation of the member state.

      3. Purchases in the member states shall be carried out according to the annex No.25 to this Agreement.

      4. Effect of this section shall not be distributed to the purchases, carried out by the national (central) banks of the member states, in recognition of provisions of second item – fourth paragraph.

      National (central) banks of the member states shall carry out purchases for ensuring of administrative and economic needs, execution of construction works and capital repair in accordance with their internal rules of carrying out of purchases (hereinafter – provision on purchases). Provision on purchases shall not contradict to the purposes and principles, imposed in this Article, as well as shall ensure the equal access to the potential suppliers of the member states. In the exceptional cases by the decision of superior body of national (central) bank may be established the seizure from the specified principles.

      Provision on purchases shall contain requirements to the purchases, as well as procedure of preparation and conducting of procedures of purchases (including the methods of purchases) and conditions of their application, procedure of conclusion of agreements (contracts).

      Upon that provision on purchases and information on purchases planned and implemented by the national (central) banks of the member states shall be posted on the official websites of national (central) banks of the member states in the Internet in the manner determined by provision on purchases.

Section XXIII
INTELLECTUAL PROPERTY Article 89 General provisions

      1. The member states shall carry out cooperation in the scope of security and protection of rights to the objects of intellectual property and ensure in its territory security and protection of rights to them in accordance with regulations of international law, international treaties and acts, constituting the law of the Union, and legislation of the member states.

      Cooperation of the member states shall be carried out for decision of the following basic tasks:

      harmonization of the legislation of the member states in the scope of security and protection of rights to the objects of intellectual property;

      protection of interests of holders of rights to the objects of intellectual property of the member states.

      2. cooperation of the member states shall be carried out on the following basic directions:

      1) support of scientific and innovative development;

      2) improvement of mechanisms of commercialization and use of objects of intellectual property;

      3) provision of favorable conditions for holders of copyright and related rights of the member states;

      4) introduction of the system of registration of trademarks and service marks of Eurasian Economic Union and names of origin of goods of Eurasian Economic Union;

      5) ensuring of protection of rights to the objects of intellectual property, as well as in the Internet;

      6) ensuring of effective customs protection of rights to the objects of intellectual property, as well as by maintenance of unified customs register of objects of intellectual property of the member states;

      7) implementation of coordinated measures, directed to prevention and suppression of rotation of counterfeit products.

      3. For the purposes of ensuring of effective security and protection of rights to the objects of intellectual property shall be conducted consultations of the member states, organized by Commission.

      By the results of consultations shall be developed suggestions of problematic issues identified in the course of cooperation by the decision of the member states.

Article 90 Legal regime of objects of intellectual property

      1. Persons of one member state in the territory of another member state shall be provided the national regime in regard to the legal regime of objects of intellectual property. Exclusions from the national regime in relation of judicial and administrative procedures, including indication of an address for correspondence and the appointment of a representative may be provided by the legislation of the member state.

      2. The member states may provide in its legislation the regulation, which ensure the greater level of security and protection of rights to the objects of intellectual property, than it is provided in the international legal acts, applied to the member states, as well as in the international treaties and acts, constituting the law of the Union.

      3. The member states shall carry out an activity in the scope of security and protection of rights to the objects of intellectual property in accordance with regulation of the following fundamental international treaties:

      Berne Convention for the Protection of Literary and Artistic Works from 9 September, 1886 (is in the wording 1971);

      Budapest Agreement on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure from 28 April, 1977;

      Agreement of the World Intellectual Property Organization on Copyright from 20 December, 1996;

      Agreement of the World Intellectual Property Organization on Performances and Phonograms from 20 December, 1996;

      Agreement on the Patent Law from 1 June, 2000;

      Agreement on the Patent Cooperation from June 19, 1970;

      Convention for the Protection of Interests of Producers of Phonograms from Illegal Production of their Phonograms from 29 October, 1971;

      Madrid Agreement on International Registration of Marks from April 14, 1891 and the Protocol Relating to the Madrid Agreement on International Registration of Marks from 28 June, 1989;

      International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations from 26 October, 1961;

      Paris Convention for the Protection of Industrial Property from 20 March, 1883;

      The Singapore Agreement on the Laws of Trademarks from 27 March, 2006.

      The member states, which are not the participants of specified international agreements shall assume obligation on accession to them.

      4. Regulation of relations in the scope of security and protection of rights to the objects of intellectual property, including determination of features of legal regime applied to certain types of objects of intellectual property shall be carried out according to the annex No.26 to this Agreement.

Article 91 Enforcement

      1. The member states shall carry out the enforcement measures on ensuring of effective protection of rights to the objects of intellectual property.

      2. The member states shall carry out actions on protection of rights to the objects of intellectual property, as well as in accordance with the Customs Code of the Eurasian Economic Union, as well as with international treaties and acts, constituting the law of the Union, regulating the customs legal relations.

      3. Authorized bodies of the member states, vested with powers in the scope of protection of rights to the objects of intellectual property shall carry out cooperation and interaction for the purposes of coordination of actions on prevention, identification and suppression of violations of rights to the objects of intellectual property in the territories of the member states.

Section XXIV
INDUSTRY Article 92 Industrial policy and cooperation

      1. The member states shall independently develop, form and implement the national industrial policy, as well as taking the national programs of industrial development and other measures of industrial policy, as well as determine the methods, forms and directions of provision of industrial subsidies, not contrary to Article 93 of this Agreement.

      Industrial policy within the Union shall be formed by the member states on the basic directions of industrial cooperation, approved by Intergovernmental council and carried out by them upon consultative support and coordination of Commission.

      2. Industrial policy within the Union shall be carried out by the member states on the basis of the following principles:

      1) equality and account of the national interests of the member states;

      2) mutually beneficial relationship;

      3) fair competition;

      4) nondiscrimination;

      5) transparency.

      3. The purposes of implementation of industrial policy within the Union shall be acceleration and improvement of stability of industrial development, improvement of competitive ability of industrial complexes of the member states, implementation of effective cooperation, directed to improvement of innovative activity, elimination of barriers in the industrial scope, as well as on the way of movement of industrial goods of the member states.

      4. The member states for achievement of purposes of implementation of industrial policy within the Union may:

      1) carry out mutual provision of information on plans of industrial development;

      2) hold regular meetings (consultations) of representatives of authorized bodies of the member states, responsible for formulation and implementation of national industrial policy, as well as at the site of the Commission;

      3) develop and implement the joint programs of development of priority types of economic activity for industrial cooperation;

      4) develop and coordinate the list of sensitive goods;

      5) implement the joint projects, as well as on development of infrastructure, necessary for improvement of effective industrial cooperation and deepening of industrial cooperation of the member states;

      6) develop technological and information resources for the purposes of industrial cooperation;

      7) conduct the joint scientific researches and engineering developments for the purposes of promotion of high-technology productions;

      8) implement other measures, directed to elimination of barriers and development of mutual cooperation.

      5. In the case of necessity, the relevant procedures of implementation of measures, specified in paragraph 4 of this Article shall be developed by the decision of Intergovernmental council.

      6. The basic directions of industrial cooperation within the Union (hereinafter - the Basic directions), approved by the Intergovernmental council and including priority types of economic activity for industrial cooperation and sensitive goods shall be developed by the member states.

      Commission shall annually conduct monitoring and analysis of results of implementation of basic directions and if necessary prepare suggestions on specification of Basic directions in coordination with the member states.

      7. Upon development and implementation of politics in trade, customs and tariff, competitive, in the field of state purchases, technical regulation, development of entrepreneurial activity, transport and infrastructure and other scopes shall be considered the interests of development of industry of the member states.

      8. In relation of sensitive goods, the member states shall conduct the consultations for mutual accounting of positions before adoption of measures of industrial policy.

      The member states shall ensure the preliminary mutual provision of information on planned directions of implementation of national industrial policy on approved list of sensitive goods.

      The member states jointly with Commission shall develop procedure of conducting of specified consultations and (or) mutual provision of information, which is approved by the Commission Council.

      9. For implementation of industrial cooperation within the Union, the member states upon consultative support and coordination of Commission may develop and apply the following instruments:

      1) promotion of mutually beneficial industrial cooperation for the purposes of creation of high-technology, innovative and competitive products;

      2) joint programs and projects upon participation of the member states on the mutually beneficial basis;

      3) joint technology platforms and industrial clusters;

      4) other instruments, contributing to the development of industrial cooperation.

      10. Additional documents and mechanisms may be developed by the member states with participation of Commission for implementation of this Article.

      11. Commission shall carry out consultative support and coordination of activity of the member states on the basic directions of industrial cooperation within the powers, determined by this Agreement according to the annex No.27 to this Agreement.

      For the purposes of this Article shall be used the concepts in accordance with the annex No.27 to this Agreement.

Article 93 Industrial subsidies

      1. For the purposes of ensuring of conditions for stable and efficient development of economics of the member states, as well as conditions, contributing to the development of mutual trade and fair competition between the member states, in the territories of the member states shall act the unified rules of provision of subsidies in relation of industrial goods, as well as upon provision or receiving of services, that are directly related with production, sale and consumption of industrial goods, according to the annex No. 28 to this Agreement.

      2. Obligation of the member states, arising from the provisions of this Article and annex No.28 to this Agreement shall not be distributed to the legal relations of the member states with third countries.

      3. For the purposes of this Article under the subsidy means:

      a) financial assistance, which is subsidizing body of the member state (or structure authorized by the member state) in the result of which the advantages are created (ensured) and which is carried out by:

      direct transfer of funds (for example, in the form of non-performing loans, credits), or acquisition of the share in the charter capital, or its increase, or obligation to transfer such funds (for example, loan guarantees);

      full or partial non-collection of payments, which should enter to the income of the member state (for example tax benefits, debt forgiveness). Upon that exemption of exported industrial goods from duties and taxes, collected from the similar goods, intended for domestic consumption, or reduction of such duties and taxes, or return of such duties and taxes in the amount, not exceeding the actually assessed amount shall not be considered as subsidy;

      provision of goods or services (except for the industrial goods or services, intended for support and development of common infrastructure);

      purchase of industrial goods;

      b) any other form of income or price support, which operates (directly or indirectly) to reduce the import of industrial goods from the territory of any member state or to increase the export of industrial goods to the territory of any member state, in the result of which provided an advantage.

      Types of subsidies are provided by annex No.28 to this Agreement.

      4. Subsidizing body may entrust or order any other organization to execute one or several functions, imposed on it, relating to the provision of subsidies. Actions of such organization shall be considered as actions of subsidizing body.

      Acts of the head of the member state, directed to provision of subsidies shall be considered as actions of subsidizing body.

      5. Investigation shall be conducted according to the manner provided by the annex No.28 to this Agreement for the purposes of analysis of conformity of subsidies, provided in the territory of the member state, provisions of this Article and annex No.28 to this Agreement.

      6. Commission shall ensure control of implementation of provisions of this Article and annex No.28 to this Agreement and vested with the following powers:

      1) carrying out monitoring and conducting of comparative legal analysis of the legislation of the member states for the subject of conformity to the provisions of this Agreement in relation of provision of subsidies, as well as preparation of annual reports on observation of provisions of this Article and annex No.28 to this Agreement by the member state;

      2) assistance in organization of consultations of the member states on issues of harmonization and unification of the legislation of the member states in the scope of provision of subsidies;

      3) adoption of decisions, compulsory for execution by the member states, and provided by the annex No.28 to this Agreement, in the results of procedure of voluntary coordination of planned to provision and provided specific subsidies, as well as:

      adoption of decisions on admissibility or inadmissibility of specific subsidies in accordance with paragraph 6 of the annex No.28 to this Agreement on the basis of criterions, determined by international treaty within the Union, provided by paragraph 7 of the annex No.28 to this Agreement;

      conducting discussion on facts of provision of specific subsidies and adoption of decision, compulsory in relation of them, in the cases, determined by international treaty within the Union, provided by paragraph 7 of Annex No.28 to this Agreement.

      resolution of disputes on issues concerning implementation of this Article and annex No.28 to this Agreement and provision of explanations on their application;

      4) direction of requests and receiving information on provided subsidies in the manner and on conditions, which are established by international treaty within the Union, provided by paragraph 7 of annex No.28 to this Agreement.

      Application of subparagraphs 3 and 4 of this paragraph shall be carried out in recognition of transitional provisions, provided by paragraph 1 of Article 105 of this Agreement.

      7. Disputes in relation of provisions of this Article and annex No.28 to this Agreement in the first place shall be resolved through negotiations and consultations. If dispute is not settled by negotiations and consultations during 60 calendar days from the date of official written request on their conducting, directed by the member state, initiated a dispute, to the respondent state, the claimant state shall have a right to apply to the Court of the Union.

      In the case if the Court decisions of the Union are not executed during established period of time or if the Court of the Union decides that measures, on which the respondent state is notified, do not comply with provisions of this Article and annex No.28 to this Agreement, the claimant state shall have a right to take proportionate retaliatory measures.

      8. The term, during of which the member states may challenge specific subsidy, provided in violation of annex No.28 to this Agreement shall consist 5 years from the date of provision of specific subsidy.

Section XXV
AGROINDUSTRIAL COMPLEX Article 94 Purposes and tasks of coordinated (systematic) agroindustrial policy

      1. For the purposes of ensuring of development of agroindustrial complex and countryside in the interests of population of each member state and Union as whole, as well as economic integration within the Union shall be conducted the coordinated (systematic) agroindustrial policy, suggesting also application of mechanisms of regulation, provided by this Agreement and other international treaties within the Union in the scope of agroindustrial complex, mutual provision of plans (programs) of development of production on each of sensitive agricultural goods, the list of which is formed on the basis of suggestions of the member states and approved by the Council of Commission to each other by the member state and to the Commission.

      2. The basic purpose of coordinated (systematic) agroindustrial policy shall be effective implementation of resource potential of the member states for optimization of volumes of production of competitive agricultural products and foodstuffs, satisfaction of wants of common agricultural market, as well as increasing export of agricultural products and foodstuffs.

      3. Implementation of coordinated (systematic) agricultural policy shall ensure decision of the following tasks:

      1) balanced development of production and markets of agricultural products and foodstuffs;

      2) ensure fair competition between the subjects of the member states, as well as equal conditions of access to the common agricultural market;

      3) unification of requirements, related with application of agricultural products and foodstuffs;

      4) protection of interests of producers of the member states in the domestic and foreign markets.

Article 95 Basic direction of coordinated (systematic) agricultural policy and measures of the state support of agriculture

      1. Tasks solution of coordinated (systematic) agroindustrial policy shall suppose the use of mechanisms of interstate interaction on the following basic directions:

      1) forecasting in the agricultural complex;

      2) state support of agriculture;

      3) regulation of common agricultural market;

      4) unified requirements in the scope of production and application of products;

      5) development of export of agricultural products and foodstuffs;

      6) scientific and innovative development of agroindustrial complex;

      7) integrated information support of agricultural complex.

      2. For implementation of measures of coordinated (systematic) agricultural policy shall be conducted regular consultations of representatives of the member states, organized by Commission, as well as on sensitive agricultural goods, at least once a year. According to the results of consultations shall be developed recommendations on implementation of coordinated (systematic) agroindustrial policy within the basic directions, determined in paragraph 1 of this Article.

      3. Upon conducting of coordinated (systematic) agroindustrial policy, the member states shall consider the special nature of activity in the field of agriculture, conditioned not only by industrial, economic, but social importance of the industry, structural and climatic differences between regions and territories of the member states.

      4. Implementation of policy in other scopes of integration interaction, as well as in the scope of ensuring of sanitary, phytosanitary and veterinary (veterinary and sanitary) measures in relation of agricultural products and foodstuffs shall be carried out in recognition of purposes, tasks and directions of coordinated (systematic) agroindustrial policy.

      5. The state support of agriculture within the Union shall be carried out in accordance with approaches according to the annex No.29 to this Agreement.

      6. Disputes in relation of this Article and annex No.29 to this Agreement primarily shall be resolved by conducting of negotiations and consultations upon participation of Commission. If dispute does not settle by negotiations and consultations during 60 calendar days from the date of official written request on their conducting, directed by the member state, initiated the dispute, to the member state, acting as respondent, the member state, being the claimant shall have a right to apply to the Court of the Union. Upon direction of official request on conducting of negotiations and consultations, the member state, being a claimant shall inform on that the Commission during 10 calendar days from the date of direction of such request.

      7. For implementation of coordinated (systematic) agroindustrial policy of the Commission shall carry out:

      1) development, coordination and implementation of basic directions of coordinated (systematic) agroindustrial policy jointly with the member states within presented powers;

      2) coordination of activity upon preparation of joint forecasts of development of agroindustrial complex, demand and proposals by the member states in relation of agricultural products and foodstuffs;

      3) coordination of mutual provision of development programs of agroindustrial complex and its separate branches by the member states;

      4) monitoring of development of agroindustrial complexes of the member states, application of the measures of the state regulation of agroindustrial complexes by the member states, as well as measures of the state support of agriculture;

      5) price monitoring and analysis of competitive ability of released products on coordinated nomenclature by the member states;

      6) assistance in organization of consultations and negotiations on issues of harmonization of the legislation of the member states in the scope of agroindustrial complex, as well as the legislation in the field of the state support of agriculture, as well as on issues of disputes resolution, related with observance of the obligations in the field of the state support of agriculture;

      7) monitoring and conducting of comparative legal analysis of the legislation of the member states in the field of the state support of agriculture for the subject of its conformity to the obligations within the Union;

      8) preparation and provision of reviews of the state policy in the scope of agroindustrial complex and state support of agriculture in the member states to the member states, including recommendations on improvement of effectiveness of the state support;

      9) render assistance to the member states on issues, related with calculating the volumes of the state support of agriculture;

      10) preparation of recommendations on carrying out of coordinated actions, directed to development of export potential in the scope of agroindustrial complex jointly with the member states;

      11) coordination of actions upon carrying out by the member states the joint scientific and innovative activity in the scope of agroindustrial complex, as well as within implementation of interstate programs by the member states;

      12) coordination of development and implementation of unified requirements by the member states in relation of conditions of import, export and transfer within the customs territory of the Union of breeding products, methods of determination of breeding value of breeding animals, as well as forms of breeding licenses (certificates, passports);

      13) coordination of development and implementation of unified requirements in the scope of test of breeds and seed breeding of agricultural plants, as well as mutual recognition of documents, certifying varietal and sowing quality of seeds by the member states;

      14) rendering assistance in ensuring of equal competitive conditions within the basic directions of coordinated (systematic) agricultural policy.

Section XXVI
LABOUR MIGRATION Article 96 Cooperation of the member states in the scope of labour migration

      1. The member states shall carry out cooperation in coordination with policy in the scope of regulation of the labour migration within the Union, as well as on rendering of assistance to the organized recruitment and involvement of workers of the member states for carrying out by them the labour activity in the member states.

      2. Cooperation of the member states in the scope of labour migration shall be carried out by interaction of the state bodies of the member states, to the competence of which the relevant issues are referred.

      3. Cooperation of the member states in the scope of labour migration within the Union shall be carried out in the following forms:

      1) coordination of common approaches and principles in the scope of labour migration;

      2) exchange of regulatory legal acts;

      3) exchange of information;

      4) implementation of measures, directed to prevention of dissemination of false information;

      5) exchange of experience, conducting of probations, seminars and training courses;

      6) cooperation within the consultative bodies.

      4. In coordination of the member states may be determined other forms of cooperation in the scope of migration.

      5. Concept, used in this section are as follows:

      “the state of entry” – the member state, in the territory of which is the citizen of another member state;

      “the state of permanent residence” – the member state, the citizen of which is the workers of the member state;

      “the state of employment ” – the member state, in the territory of which the labour activity is carried out;

      “documents on education” – documents of the state sample on education, as well as documents on education, recognized on the level of the state documents on education;

      “customer of works (services) – legal entity or individual, which provide the work to the worker of the member state on the basis of civil agreement, concluded with it in the manner and conditions, which are provided by the legislation of the state of employment;

      “migration card (card)” – a document, which contains the details on the citizen of the member state, entering to the territory of another member state, and serve for accounting and control of its temporary residence in the territory of the state of entry;

      “employer” – legal entity or individual, which provides the work to the worker of the member state on the basis of labour agreement concluded with it in the manner and conditions, which are provided by the legislation of the state of employment;

      “social security (social insurance)” – compulsory insurance on the case of temporary disability and in connection with motherhood, compulsory insurance from labour accidents, industrial diseases and compulsory health insurance;

      “labour activity” – an activity on the basis of labour agreement or activity on execution of works (rendering of services) on the basis of civil agreement, carrying out in the territory of the state of employment in accordance with the legislation of this state;

      “workers of the member state” – a person, being the citizen of the member state, lawfully residing and lawfully carrying out the labour activity in the territory of the state of employment, the citizen of which he (she) is not, and where does not permanently reside;

      “family member” – a person who is married with the workers of the member state, as well as their dependents, children and other persons who are recognized as members of the family in accordance with the laws of the state of employment.

Article 97 Labour activity of workers of the member states

      1. Employers and (or) customers of works (services) of the member state shall have a right to engage to carrying out of labour activity of the workers of the member states without accounting of restrictions on protection of national market of labour. Upon that the working member states are not required to obtain permission for carrying out of labour activity in the state of employment.

      2. The member states shall not establish and not apply restrictions, established by their legislation for the purposes of protection of national market of labour, except for the restrictions, established by this Agreement and legislation of the member states for the purposes of ensuring of national security (as well as in the branches of economy, having strategic importance) and public order, in relation of carrying out labour activity, occupation and residence area by the workers of the member states.

      3. For the purposes of carrying out of labour activity by the workers of the member states in the state of employment shall be recognized the documents on education, issued by the educational organizations (educational institutions, organizations in the scope of education) of the member states, without conducting of procedures of recognition of documents on education, established by the legislation of the state of employment.

      Workers of one member state, pretending to engage in pedagogical, legal, medical and pharmaceutical activity in other member state shall pass the procedure of recognition of documents on education, established by the legislation of the state of employment and may be respectively admitted to pedagogical, legal, medical or pharmaceutical activity in accordance with the legislation of the state of employment.

      Documents on academic decrees and academic ranks, issued by the authorized bodies of the member states shall be recognized in accordance with the legislation of the state of employment.

      Employers (customers of works (services)) shall have a right to request certified translation of documents on education in the language of the state of employment, as well as in the case of necessity for the purposes of verification of documents on education of workers of the member states to direct the requests, as well as by application to the information databases, educational organizations (educational institutions, organizations in the scope of education), issued a document on education and receive the relevant responses.

      4. Labour activity of worker of the member state shall be regulated by the legislation of the state of employment in recognition of provisions of this Agreement.

      5. The term of temporary stay (residence) of worker of the member state and family members in the territory of the state of employment shall be determined by the term of effect of labour or civil agreement, concluded by the worker of the member state with employer or customer of works (services).

      6. Citizens of the member state, arrived to the territory of another member state for the purposes of carrying out of labour activity or employment, and family members shall be excused from obligation of registration (putting on record) within 30 days from the date of entry.

      In the case of stay of citizens of the member state in the territory of another member state for more than 30 days from the date of entry, these citizens shall be obliged to register (register) in accordance with the legislation of the state of entry, if such obligation is established by the legislation of the state of entry.

      7. Citizens of the member state upon entry to the territory of another member state in the cases, provided by the legislation of the state of entry shall use migration cards (cards), unless otherwise provided by separate international treaties of the member states.

      8. Citizens of the member state upon entry to the territory of another member state of one of valid documents, allowed affixing marks of bodies of border control on suppression of the state border, upon condition, that the term of their stay does not exceed 30 days from the date of entry shall be excused from using of migration card (card), if such obligation is established by the legislation of the state of entry.

      9. In the case of early dissolution of labour or civil agreement after expiration 90 days from the date of entry to the territory of the state of employment, the workers of the state member shall have a right to conclude a new labour or civil agreement without departure from the territory of the state of employment during 15 days.

Article 98 Rights and obligation of the worker of the state member

      1. The workers of the state member shall have a right to engage in professional activity in accordance with speciality and qualification, specified in the documents on education, documents on awarding of academic degree and (or) awarding of academic rank, recognized in accordance with this Agreement and legislation of the state of employment.

      2. The workers of the member state and family members shall implement a right in the manner established by the legislation of the state of employment to:

      1) possession, use and disposition of its property;

      2) protection of property;

      3) free transfer of funds.

      3. Social assistance (social insurance) (except for the retirement) of the workers of the member states and family members shall be carried out on the same conditions and in the same manner, that the citizen of the state of employment.

      Labour (insurance) experience of the workers of the member states shall be included to the total labour (insurance) experience for the purposes of social assistance (social insurance), except for the retirement, in accordance with the legislation of the state of employment.

      Retirement assistance of the workers of the member states and family members shall be regulated by the legislation of the state of permanent residence, as well as in accordance with separate international treaty between the member states.

      4. A right of workers of the member states and family members to receive emergency medical assistance (in emergency and urgent forms) and in other medical assistance shall be regulated in the manner according to the annex No.30, as well as by the legislation of the state of employment and international treaties, the participant of which it is.

      5. The workers of the member state shall have a right to enter to the trade unions equally with the citizens of the state of employment.

      6. The workers of the member state shall have a right to obtain employment from the state bodies of the state (to the competence of which the relevant issues are referred) and information from employer (customer of works (services)), concerning the order of its stay, conditions of carrying out of labour activity, as well as rights and obligations, provided by the legislation of the state of employment.

      7. On the request the worker of the member state (as well as former) the employer (customer of works (service)) shall be obliged to issue him (her) certificate (certificates) and (or) certified copy of certificate (certificates) on free basis with specification of professions (specialties, qualifications and positions), period of work and amount of salary in the terms, established by the legislation of the state of employment.

      8. Children of the worker of the member state, living together with him (her) in the territory of the state of employment shall have a right to visit preschools, getting education in accordance with the legislation of the state of employment.

      9. The workers of the member state and family members shall be obliged to observe the legislation of the state of employment, respect the culture and traditions of people of the state of employment, bear responsibility for committed infractions in accordance with the legislation of the state of employment.

      10. The incomes of worker of the member state, received by them in the result of carrying out of labour activity in the territory of the state of employment shall subject to taxation in accordance with international agreements and legislation of the state of employment in recognition of provisions of this Agreement.

PART FOUR
TRANSITIONAL AND FINAL PROVISIONS
Section XXVII
TRANSITIONAL PROVISIONS Article 99 General transitional provisions

      1. International treaties of the member states, concluded within formation of the legal base of Customs Union and Common Economic Space, operating at the date of entering into force of this Agreement shall include to the right of the Union as international treaties within the Union and applied in a part, not contradicting to this Agreement.

      2. Decisions of Superior Eurasian Economic council on the level of heads of the states, Superior Eurasian economic council on the level of heads of governments and Eurasian economic commission, operating at the date of entering into force of this Agreement shall remain in the legal force and applied in a part, not contradicting to this agreement.

      3. From the date of entering into force of this Agreement:

      functions and powers of Superior Eurasian Economic Council on the level of heads of the states and Superior Eurasian Economic Council on the level of heads of governments, operated in accordance with Agreement on Eurasian Economic Commission from 18 November, 2011 shall be respectively carried out by the Superior Council and Intergovernmental council, operating in accordance with this Agreement.

      Eurasian Economic Commission, approved in accordance with Agreement on Eurasian Economic Commission from 18 November, 2011 shall carry out its activity in accordance with this Agreement;

      members of the College of Commission, appointed before entering into force of this Agreement shall continue exercise its functions before expiration of the term of powers, on which they are appointed;

      directors and deputy directors of departments, labour agreements of which are concluded with them before entering into legal force of this Agreement, shall continue execute of obligations, imposed on them before expiration of terms, provided in the labour agreements;

      substitution of vacant positions in the structural subdivisions of Commission shall be carried out in the manner provided by this Agreement.

      4. The international agreements, specified in the annex No.31 to this Agreement shall also operate within the Union.

Article 991 Transitional provisions relating to Section VI

      Prior to the entry into operation of the Union's integrated information system, the information referred to in paragraphs 40 and 41 of Annex No. 5 to this Treaty shall be sent by electronic communication channels in the form of graphical electronic copies of documents containing this information.

      Footnote. Section XXVII as supplemented by Article 991 in obedience to Law of the RK No. 6-VII of 15.02.2021.

Article 100 Transitional provisions in relation of section VII

      1. Functioning of common market of medicinal products within the Union shall be carried out starting from 1 January, 2016 in accordance with international treaty within the Union, determined the unified principles and rules of treatment of medicinal products, which shall be concluded by the member states not later than 1 January, 2015.

      2. Functioning of common market of medicinal goods (medical devices and medical equipment) within the Union shall be carried out starting from 1 January, 2016 in accordance with international treaty within the Union, determined the unified principles and rules of treatment of medicinal goods (medical devices and medical equipment), which shall be concluded by the member states not later than 1 January, 2015.

Article 101 Transitional provisions in relation of section VIII

      1. Before entering to the force of the Customs Code of the Eurasian Economic Union, the customs regulation in the Union shall be carried out in accordance with Agreement of the Customs Code of the Customs Union dated 27 November, 2009 and other international treaties of the member states, regulating the customs legal relations, concluded within formation of the legal base of Customs Union and Unified Economic space and including in accordance with Article 99 of this Agreement and Union Law, in recognition of provisions of this Article.

      2. For the purposes of application of international treaties, specified in paragraph 1 of this Article under the concepts used in them refers to the following:

      “member states of the customs union” – the member states in the meaning, determined by this Agreement;

      “unified customs territory of the customs union (customs territory of customs union)” – customs territory of the Union;

      “unified Tradable nomenclature of foreign economic activity of the customs union (“Tradable nomenclature of foreign economic activity)” – unified Tradable nomenclature of foreign economic activity of the Eurasian economic Union;

      “Unified customs tariff of the customs union” – Unified customs tariff of the Eurasian economic union;

      “Commission of the customs union” – Eurasian economic commission;

      “international treaties of the member states of the customs union” – international treaties within the Union, as well as international treaties of the member states, including in accordance with Article 99 of this Agreement to the Union Law;

      “customs border of the customs union (customs border)” – customs border of the Eurasian economic union;

      “goods of the customs union” – goods of the Eurasian economic union.

      3. For the purposes of application of international treaties, specified in paragraph 1 of this Article, the prohibitions and restrictions shall include the measures of non-tariff regulation (as well as introduced on the basis of general exceptions, protection of foreign financial position and ensuring of equality of balance of payment on unilaterally basis), applied in relation of goods, transferred through the customs border of the Union, the measures of technical regulation, measures of export control and measures in relation of products of military purpose, as well as sanitary, veterinary and sanitary, quarantine phytosanitary measures and radiation requirements.

      Upon that the measures of non-tariff regulation, as well as introduced on the basis of general exceptions, protection of foreign financial position and ensuring equality of balance of payments on unilaterally basis shall include the measures, determined by Article 46 and 47 of this Agreement.

      Provisions of international agreements, specified in paragraph 1 of this Article, except for the paragraphs 3 and 4 of Article 3 of the Customs code of customs union, concerning determination and application (non-application) of prohibitions and restrictions shall not be applied.

      Upon transfer of goods through the customs border of the Union, as well as the goods for personal use and (or) placement of goods under the customs procedure of observance of prohibitions and restrictions shall be approved in the cases and procedure, established by Commission or regulatory legal acts of the member states in accordance with this Agreement or established in accordance with the legislation of the member states, by presentation of documents and (or) details, approving observance of prohibitions and restrictions.

      Veterinary and sanitary, quarantine phytosanitary, sanitary and epidemiological, radiation and other types of the state control (supervision) upon transfer of goods through the customs border of the Union shall be carried out and formed in accordance with this Agreement or acts of Commission, adopted in accordance with it or regulatory legal acts of the member states or in accordance with the legislation of the member states.

      4. Article 51 of the Customs Code of customs union in a part of maintenance of unified Tradable nomenclature of foreign economic activity of the customs union shall be applied in recognitions of provisions of Article 45 of this Agreement.

      5. Chapter 7 of the Customs code of customs union shall be applied in recognitions of provisions of Article 37 of this Agreement.

      6. Paragraph 2 of Article 70 of the Customs Code of customs union shall not be applied.

      Special, antidumping, compensatory duties shall be established in accordance with provisions of this Agreement and collected in the manner provided by the Customs code of customs union for collection of import customs duties, in recognition of provisions of Article 48 and 49 of this Agreement, as well as in recognition of the following.

      Special, antidumping, compensatory duties shall subject to payment upon transfer of goods under the customs procedure, conditions of which in accordance with international treaties, specified in paragraph 1 of this Article shall provide observance of restrictions in connection with application of special protective, antidumping and compensatory measures.

      Calculation of special, antidumping, compensatory duties, occurrence and termination of obligation on payment of these duties, determination of terms and procedure of their payment shall be carried out in the manner, provided by the Customs Code of the customs union for the import customs duties, in recognition of features, established by this Agreement.

      Upon application of antidumping or compensatory duties in accordance with paragraphs 104 and 169 of Protocol on application of special protective, antidumping and compensatory measures in relation to the third countries (annex No.8 to this Agreement), the antidumping, compensatory duties shall subject to payment not later than 30 business days from the date of entering into force of decision of Commission on application of antidumping or compensatory duties, as well as transfer and distribution in the manner determined in the annex to the specified Protocol.

      Change of terms of payment of special, antidumping, compensatory duties in the form of deferral or instalment shall not be conducted.

      In the case of non-payment or incomplete payment of special, antidumping, compensatory duties in the established terms of their recovery shall be carried out in the manner, provided for the import customs duties by the legislation of the member state, customs body of which the collection of customs duties, taxes with accrual of penalties is carried out. Upon that procedure of calculation, payment, collection and return of penalties similar to the procedure, established for the penalties, paid, collected in connection with non-payment or incomplete payment of import customs duties.

      Provisions of this paragraph shall be distributed to calculation, payment and collection of preliminary special, preliminary antidumping, preliminary compensatory duties.

      7. Article 74 of the Customs Code of customs union in a part of tariff benefits shall be applied in recognition of provisions of Article 43 of this Agreement.

      8. Second part of paragraph 2 of Article 77 of the Customs Code of customs union shall not be applied.

      For the purposes of calculation of export customs duties shall be applied the rates, established by the legislation of the member state, in the territory of which the goods are placed under the customs procedure or in the territory of which the fact of illegal movement of goods through the customs border of the Union is identified, unless otherwise established by international treaties within the Union and (or) bilateral international treaties between the member states.

Article 102 Transitional provisions in relation of section IX

      1. In despite of provision of Article 35 of this Agreement, the member states shall have a right to provide preferences in the trade with third party on unilaterally basis by virtue of concluded international treaty of this member state with such third party before 1 January, 2015 or international treaty, participants of which are the all the member states.

      The member states shall carry out unification of agreements, on the basis of which the preferences are provided.

      2. Special protective, antidumping and compensatory measures, applied in relations of goods, imported in the customs territory of the Union, by revision of special protective, antidumping and compensatory measures, acting in accordance with the legislation of the member states shall be applied prior expire of the term of validity of specified measures, established by the relevant decision of commission, and may subject to revision in accordance with provisions of section IX of this Agreement and annex No.8 to it.

      3. For the purposes of implementation of provisions of Article 36 of this Agreement before entering into force of decision of Commission, establishing conditions and procedure of application of unified system of tariff preferences of the Union in relation of goods, originating from the developing countries and (or) the least developed countries shall be applied the Protocol on the unified system of tariff preferences of the Customs union dated 12 December 2008.

      4. Before entering into force of decision of commission, establishing the rules of determination of origin of goods, provided by paragraph 2 of Article 37 of this Contract shall be applied Agreement on the unified rules of determination of country of origin of goods dated 25 January, 2008.

      5. Before entering into force of decision of Commission, establishing the rules of determination of origin of goods, provided by paragraph 3 of Article 37 of this Contract shall be applied Agreement on the rules of determination of origin of goods from the developing and least developed countries dated 12 December, 2008.

Article 103 Transitional provisions in relation of section XVI

      1. For achievement of objectives, set out in paragraph 1 of Article 70 of this Agreement, the member states shall implement harmonization of its legislation in the scope of financial market to 2025 in accordance with international treaty within the Union and Protocol on financial services (annex No.17 to this Agreement).

      2. The member states after termination of harmonization of the legislation in the scope of financial market shall adopt decision on powers and functions of supranational body on regulation of financial market and create it with location in the city of Almaty in 2025.

Article 104 Transitional provisions in relation of section XX

      1. For the purposes of ensuring of development of indicative (forward) gas balance, oil and petroleum products of the Union, ensuring to the effective use of the total energy potential and optimization of interstate supplies of fuel and energy resources, authorized bodies of the member states shall develop and approve the methodology of formation of indicative (forward) gas balance, oil and petroleum products before 1 July, 2015.

      2. Repealed by Law of the Republic of Kazakhstan No. 109-VII of 16.03.2022 (see Article 2 for the enactment procedure).
      3. Repealed by Law of the Republic of Kazakhstan No. 109-VII of 16.03.2022 (see Article 2 for enactment procedure).

      4. For the purposes of formation of common market of gas of the Union, the Superior council shall approve the concept before 1 January, 2016 and the formation program of common market of gas of the Union before 1 January, 2018, providing the term of implementation of measures of program before 1 January, 2024.

      5. On termination of implementation of measures of formation program of common market of gas of the Union, the member states shall conclude an international treaty within the Union on formation of common market of gas of the Union, as well as containing the unified rules of access to the transportation systems of gas, located in the territories of the member states and ensure entering it into force not later than 1 July, 2019.

      6. For the purposes of formation of common market of oil and petroleum products, the Superior council shall approve the concept before 1 January, 2016 and the formation program of common market of oil and petroleum products of the Union before 1 January, 2018, providing the term of implementation of measures of program before 1 January, 2024.

      7. On termination of implementation of measures of formation program of common market of oil and petroleum products of the Union, the member states shall conclude an international treaty on formation of common market of oil and petroleum products of the Union, as well as containing the unified rules of access to the transportation systems of oil and petroleum products, located in the territories of the member states and ensure entering it into force not later than 1 July, 2019.

      8. Since the date of entry into force of the last of the acts enacted under paragraphs 5 to 8 of the Protocol on the Common Electricity Market of the Eurasian Economic Union (Annex No. 21 hereto):

      paragraphs 43 to 49 of the said Protocol and its annex shall cease to have effect;

      paragraph 2, indents 1 and 2, paragraph 5, paragraphs 10 to 38, indents 3 and 4, paragraph 39, paragraph 40 of the said Protocol shall become effective..

      9. Protocol on rules of access to the services of subjects of natural monopolies in the scope of transportation of gas on transportation systems of gas, including the basics of pricing and tariff policy (annex No.22 to this Agreement) is valid until entering to the force of international treaty, provided by paragraph 5 of this Article.

      10. Protocol on procedure of organization, management, functioning and development of common markets of oil and petroleum products (annex No.23 to this Agreement) is valid until entering to the force of international treaty, provided by paragraph 7 of this Article.

      Footnote. Article 104 as amended by Law of the Republic of Kazakhstan No. 109-VII of 16.03.2022 (see Article 2 for the enactment procedure).

Article 105 Transitional provisions in relation of section XXIV

      1. The member states shall ensure entering into force of international treaty within the Union, provided by paragraph 7 of Protocol on the unified rules of provision of industrial subsidies (annex No.28 to this Agreement), from 1 January, 2017.

      Provisions of subparagraphs 3 and 4 of paragraph 6 of Article 93 of this Agreement, paragraphs 6, 15, 20, 87 and 97 of Protocol on the unified rules of provision of industrial subsidies (annex No.28 to this Agreement) shall enter into the force from the date of entering into force of the specified international treaty.

      2. Provisions of Article 93 of this Agreement and Protocol on the unified rules of provision of industrial subsidies (annex No.28 to this Agreement) shall not be distributed on the subsidies, provided in the territories of the member states before 1 January, 2012.

Article 106 Transitional provisions in relation of section XXV

      1. For the Republic of Belarus in relation of provisions of first item of paragraph 8 of Protocol on measures of the state support of agriculture industry (annex No.29 to this Agreement) shall be established the transitional period before 2016, during of which the Republic of Belarus is obliged to reduce the permissible amount of the state support of agricultural industry as follows:

      in 2015 – 12 percent;

      in 2016 – 10 percent.

      2. Methodology of calculation of permitted level of measures, rendering of distorting effect on the trade, provided by second item of paragraph 8 of Protocol on measures of the state support of agricultural industry (annex No.29 to this Agreement) shall be developed and approved before 1 January, 2016.

      3. Obligations provided by the third item of paragraph 8 of Protocol on measures of the state support of agricultural industry (annex No.29 to this Agreement) shall enter into the force for the Republic of Belarus not later than 1 January, 2025.

Article 1061

Transitional Provisions in relation to Section XXVIII

      The right to a long-service pension under the procedure prescribed by paragraph 53 of the Regulation on Social Guarantees, Privileges and Immunities in the Eurasian Economic Union (Annex No. 32 to this Agreement) shall be retained, notwithstanding the changes in the length of civil service experience introduced by the Protocol amending the Agreement on the Eurasian Economic Union of May 29, 2014 concerning pension provision for officials and employees of the Eurasian Economic Commission and the Court of the Eurasian Economic Union who are nationals of the Russian Federation, signed on March 24, 2022 (hereinafter referred to as the “Protocol on Amendments”):

      for persons entitled to a long-service pension under paragraph 53 of the Regulation on Social Guarantees, Privileges and Immunities in the Eurasian Economic Union (Annex No. 32 to this Agreement) and discharged from positions held in the Commission or Court of the Union prior to the entry into force of the Protocol on Amendments;

      for persons serving on the Commission or the Court of Justice of the Union on the date of entry into force of the Protocol on Amendments and who, on that date, have at least 20 years' seniority in the civil service for the purpose of the long-service pension;

      for persons who, as of the date of entry into force of the Protocol on Amendments, serve on the Commission or the Court of Justice of the Union, who as of that date have at least 15 years' seniority in the civil service for the purpose of the long-service pension and who, prior to the entry into force of the Protocol on Amendments, are entitled to an old age (disability) insurance pension under the laws of the Russian Federation.

      The mentioned categories of persons shall receive a long-service pension under the conditions and pursuant to the procedure determined by the legislation of the Russian Federation for federal civil servants in force as of December 31, 2016.

      Footnote. Section XXVII as supplemented by Article 1061 under Law of the Republic of Kazakhstan No. 151-VII of 02.11.2022 (shall become effective on the date of receipt by the depositary, through diplomatic channels, of the last written notification of the member states' compliance with the domestic procedures necessary for its entry into force).

Section XXVIII
FINAL PROVISIONS Article 107 Social guarantees, privileges and immunities

      In the territory of each of the member state of the Union, the members of Council of Commission and College of Commission, judges of the Court of the Union, civil servants and employees of Commission and the Court of the Union shall be used the social guarantees, privileges and immunities, which are necessary for exercise them the powers and official (service) obligations, imposed on them. Amount of specified social guarantees, privileges and immunities shall be determined according to the annex No.32 to this Agreement.

Article 108 Entry into the Union

      1. The Union is open to entry of any state, sharing its purposes and principles, on conditions agreed by the member states.

      2. The interested state shall direct the relevant application addressed to the Chairman of Superior council for obtainment of status of the state candidate for entry into the Union.

      3. Decision on provision of the status of the state candidate for entering into the Union to the state shall be adopted by Superior council by consensus.

      4. On the basis of decision of Superior council shall be formed the working group from representatives of the state candidate, member states and bodies of the Union (hereinafter – working group) for study of level of readiness of the state candidate to assume obligations, arising from the Union law, development of project of Program of actions on entering of the state candidate into the Eurasian economic union, as well as project of international treaty on entering of relevant state into the Union, by which the amount of rights and obligations of the state candidate is determined, as well as the format of its participation in the work of bodies of the Union.

      5. Program of actions on entering of the state candidate into the Eurasian economic union shall be approved by Superior council.

      6. Working group shall present the report on the course of implementation by the state candidate of the Program of actions on entering of the state candidate into the Eurasian economic union on a regular basis for consideration of Superior council. Based on the findings of working group that the state candidate fully comply with the obligations, arising from the Union law, the Superior council shall adopt decision on signing of international treaty with the state candidate on entering into the Union. The specified international treaty shall subject to ratification.

Article 109 The state observers

      1. Any state shall have a right to apply to the Chairman of Superior council with request on provision it the status of the state observer upon Union.

      2. Decision on provision of status of the state observer upon Union or on refusal in provision of such status shall be adopted by Superior council in recognition of interests of development of integration and achievement of objectives of this Agreement.

      3. Authorized representatives of the state observer upon Union may present at the sittings of bodies of the Union at the invitation, receive the documents taken by the bodies of Union, not being the documents of confidential character.

      4. The status of the state observer upon Union shall not give the right to participate in adoption of decision in the bodies of Union.

      5. The state receiving the status of the state observer upon Union is obliged to keep from any actions, capable to cause damage to the interests of the Union and member states, object and purposes of this Agreement.

Article 110 Working language of bodies of the Union

      Language of international treaties within the Union and decisions of Commission

      1. The working language of bodies of the Union is Russian language.

      2. International treaties within the Union and decision of Commission, having compulsory nature for the member states shall be applied in Russian language with subsequent translation into the state languages of the member states, unless otherwise provided by their legislation in the manner determined by Commission.

      Translation into the state languages of the member states shall be carried out at the expense of funds, provided in the budget of Union for these purposes.

      3. In the case of occurrence of disagreements for the purposes of interpretation of international treaties and decisions, specified in paragraph 2 of this Article shall be used the text in Russian language.

Article 111 Access and publication

      1. International treaties within the Union, international treaties with third party and decisions of bodies of the Union shall subject to official publication on the official website of the Union in the Internet in the manner established by the Intergovernmental council.

      The date of publication of decision of body of the Union on the official website of the Union in the Internet shall be recognized the date of official publication of this decision.

      2. None of decision, specified in paragraph 1 of this Article may not enter into force before its official publication.

      3. Decisions of bodies of the Union shall be directed to the member states not later than 3 calendar days from the date of adoption of decision.

      4. Bodies of the Union shall ensure preliminary publication of projects of decisions on official website of the Union in the Internet, at least 30 calendar days before the date when this decision is planned to take. Projects of decisions of bodies of the Union, adopted in the exceptional cases, requiring operative reaction may be published in other terms.

      Interested persons may present to this body their comments and suggestions.

      Procedure of collection, analysis and accounting of such comments and suggestions shall be determined by regulation of the work of relevant body of Union.

      5. Decisions of bodies of the Union, containing information of restrictive distribution and projects of such decisions shall not subject to official publication.

      6. Provisions of this Article shall not be applied in relation of decisions of the Court of the Union, procedure of entering into force and publication of which is determined by the Status of the Court of Eurasian economic union (annex No.2 to this Agreement).

      7. Provisions of paragraph 4 of this Article shall not be applied in relation of decisions of bodies of the Union in the cases, when preliminary publication of projects of such decisions may prevent to their execution or otherwise contrary to the public interest

Article 112 Disputes resolution

      The disputes, related with interpretation and (or) application of provisions of this Agreement shall be resolved by consultations and negotiations.

      In the case of failure to reach of the consent during 3 months from the date of direction of official written request on conducting of consultations and negotiations by one party of dispute to another party of dispute, unless otherwise provided by the Status of the Court of Eurasian economic union (annex No.2 to this Agreement), the dispute may be submitted by any of the parties of dispute for consideration to the Court of the Union, if the parties of the dispute do not reached an agreement on the use of other mechanisms of its resolution.

Article 113 Entering of Agreement into force

      This Agreement shall enter into force from the date of reception by depository of the last written notification on execution by the member states of interstate procedures, necessary for its entering into force.

      In connection with entering into force of this Agreement, the effect of international treaties, concluded within formation of the Customs union and Unified economic space shall be terminated according to the annex No.33 to this Agreement.

Article 114 Correlation of this Agreement with other international treaties

      1. This Agreement shall not prevent to conclusion of international treaties, not contradicting to the purposes and principles of this Agreement, by the member states.

      2. Bilateral international treaties between the member states, providing more deep level of integration in comparison with provisions of this Agreement or international treaties within the Union or providing additional advantages in favour of their individuals and (or) legal entities shall be applied in relation between the states, concluded them and may be concluded upon condition, that they do not affect the implementation of their rights and execution of obligations on this Agreement and international treaties within the Union by them and other member states.

Article 115 Making amendments to the Agreement

      Amendments and additions, which are formed by protocols and are an integral part of this Agreement may be made in this Agreement.

Article 116 Registration of Agreement in the Secretariat of Organization of United Nations

      This Agreement shall subject to registration in the Secretariat of Organization of United Nations in accordance with Article 102 of the Charter of Organization of the Unified Nations.

Article 117 Reservations

      Reservations to this Agreement shall not be allowed.

Article 118 Withdrawal from Agreement

      1. Any of the member state shall have a right to withdraw from this Agreement by directing the written notification on its intention to withdraw from this Agreement to the depository of this Agreement on diplomatic channels. Effect of this Agreement in relation of this state shall be terminated upon expire of 12 months from the date of reception of this Agreement of such notification by depository.

      2. The member state, notified on its intention to withdraw from this Agreement in accordance with paragraph 1 of this Article shall be obliged to regulate financial obligations, arising in connection with its participation in this Agreement. This obligation shall remain in force, despite of withdrawal of the state from this Agreement up to its full implementation.

      3. Superior council shall adopt decision on beginning of process of regulation of obligations, incurred in connection with participation of the member state in this Agreement on the basis of notification, specified in paragraph 1 of this Article.

      4. Withdrawal from this Agreement shall automatically entail termination of membership in the Union and withdrawal from international treaties within the Union.

      It is performed in Astana on May 29, 2014 in one copy in the Belarusian, Kazakh and Russian languages??, all texts being equally authentic.

      In the case of occurrence of disagreements for the purposes of interpretation of this Agreement shall be used the text in Russian language.

      The original copy of this Agreement shall be stored in the Eurasian economic commission which was depository of this Agreement will direct to each Party its certified copy.

For
the Republic of Belarus

For
the Republic of Kazakhstan

For
the Russian Federation


  Annex No. 1
  to the Agreement
  on Eurasian Economic Union

PROVISION on Eurasian Economic Commission
I. General provisions

      1. In accordance with paragraph 1 of Article 18 of Agreement on Eurasian economic union (hereinafter – Agreement), Commission shall be permanently effectual regulatory body of the Union.

      Basic tasks of Commission shall be ensuring of conditions of functioning and development of the Union, as well as development of suggestions in the scope of economic integration within the Union.

      2. Commission shall carry out its activity on the basis of the following principles:

      1) ensuring of mutual benefit, equality and accounting of national interests of the member states;

      2) economic justification of adopted decisions;

      3) openness, transparency and objectivity.

      3. Commission shall carry out its activity within the powers, provided by Agreement and international treaties within the Union in the following scopes:

      1) customs tariff and non-tariff regulation;

      2) customs regulation;

      3) technical regulation;

      4) sanitary, veterinary and sanitary, quarantine phytosanitary measures;

      5) transfer and distribution of import customs duties;

      6) establishment of trade regimes in relation of third parties;

      7) statistics of foreign and mutual trade;

      8) macroeconomic policy;

      9) competitive policy;

      10) industrial and agricultural subsidies;

      11) energy policy;

      12) natural monopolies;

      13) state and (or) municipal purchases;

      14) mutual trade in services and investments;

      15) transport and transportation;

      16) currency policy;

      17) intellectual property;

      18) labour migration;

      19) financial markets (banking sector, scope of insurance, currency market, securities market);

      20) other scopes, determined by Agreement and international treaties within the Union.

      4. Commission shall ensure implementation of international treaties, including in the Union law within their powers.

      5. Commission shall exercise functions of depository of international treaties within the Union, decision of Superior council and Intergovernmental council.

      6. Commission may be vested with right by Superior council to sign international treaties on issues, including in the competence of Commission.

      7. For the purposes of ensuing of effective functioning of the Union, Commission shall have a right to create consultative bodies for conducting of consultations on separate issues, making decisions on which is referred to the competence of Commission.

      8. Commission shall have a right to request position on issues, considered by Commission of the member states. Request on provision of positions shall be directed to the governments of the member states. Commission shall also have a right to request information, necessary for exercise their powers by Commission from bodies of the member states, legal entities and individuals. Copies of requests of Commission to the address of legal entities and individuals, except for the requests, containing confidential information shall be simultaneously directed to the authorized body of executive power of the member state. Request on presentation of position or information on behalf of Commission shall be directed by the chairman or member of College of Commission, unless otherwise established by Agreement.

      Executive bodies of the member states shall ensure provision of requested information within the term, established by Regulation of work of Commission, upon condition, that information does not contain details, referred to the state secret (state secrets) or to details of limited distribution in accordance with the legislation of the member states.

      Procedure of exchange of information, containing details, referred to the state secret (state secrets) or details of limited distribution in accordance with the legislation of the member states shall be established by international treaties within the Union.

      9. Commission is responsible for budget process of the Union and preparation of report on its execution and shall be manager of funds of the budget estimate of the Commission.

      10. Commission shall be used the rights of legal entity.

      11. Commission shall consist of the Council of Commission and College of Commission. Procedure of activity of Council of Commission and College of Commission shall be governed by Regulation of work of Eurasian economic commission, approved by the Superior council (hereinafter – Regulation).

      12. Council of Commission shall have a right to form structural subdivisions (hereinafter – departments of Commission).

      13. Commission within their powers shall make decision, having regulatory legal nature and instructions, compulsory for the member states, having organizational-administrative nature and recommendations, not having compulsory nature.

      Decisions of Commission shall be a part of the Union Law and shall subject to the direct application in the territories of the member states.

      14. Decisions, instructions and recommendations of Commission shall be applied by the Council of Commission and College of Commission within the powers, established by Agreement and international treaties within the Union and in the manner, provided by Agreement and Regulation.

      Distribution of powers and functions of Council of Commission and College of Commission shall be determined by Regulation.

      15. Decisions of Commission which may effect on conditions of maintenance of entrepreneurial activity shall be made in recognition of results of conducting of assessment of regulatory impact of projects of such decisions.

      The order of conducting of procedure of assessment of regulatory impact of projects of specified decisions of commission shall be determined by Regulation.

      16. Unless otherwise provided by Agreement and international treaties within the Union, decisions of Commission shall enter into force not earlier than 30 calendar days from the date of their official publication.

      Decisions of Commission, specified in paragraph 18 of this Provision, as well as decisions of Commission, applied in the exceptional cases, requiring operative response may provide other term of entering into force, but not less than 10 calendar days from the date of their official publication.

      Procedure of adoption and entering into force of decisions of Commission, specified in the second item of this paragraph shall be established by Regulation.

      Decisions of Commission, containing details of limited distribution shall enter into force in the term, determined in them.

      Instructions of Commission shall enter into force in the term, determined in them.

      17. Decisions of Commission, aggravating position of individuals and (or) legal entities shall not have a retroactive effect.

      18. Decisions of Commission, improving position of individuals and (or) legal entities may have retroactive effect, unless directly provide it.

      19. Publication of decisions of Commission and ensuring of access to them shall be carried out in the manner established by Article 111 of agreement.

      20. Making decisions of Commission shall be carried out in accordance with Article 18 of Agreement and this Provision by voting of members of Council of Commission or members of the College of Commission.

      21. Votes in the Commission shall be distributed as follows:

      1) in the Council of Commission – one vote of the member of Council of Commission shall be one vote;

      2) in the College of Commission – one vote of member of College of Commission shall be one vote.

II. The Council of Commission

      22. The Council of Commission shall carry out general regulation of integration processes in the Union, as well as general management of activity of commission.

      23. The Council of Commission shall include one representative from each member state, being a deputy of the head of government and vested with necessary powers in accordance with the legislation of the state.

      The member state shall notify each other, as well as the College of Commission on representative in the Council of Commission in the manner established by Regulation.

      24. The Council of Commission shall carry out the following functions and powers:

      1) organize the work on improvement of legal regulation of activity of the Union;

      2) submit the basic directions of integration within the Union for approval of Superior council;

      3) consider the issue on cancellation of decisions of Commission, adopted by the College of Commission or making amendments in the manner provided by paragraph 30 of this Provision;

      4) consider results of monitoring and control of execution of international treaties, including in the Union Law;

      5) submit an annual report on monitoring of conducting of procedure of assessment of regulatory impact for consideration of Intergovernmental council;

      6) approve the list of departments of Commission, their structure and staff number, as well as distribution them between the members of College of Commission by presentation of Chairman of the College of Commission;

      7) approve qualifying requirements to the civil servants and employees of Commission;

      8) make decision on the withdrawal of privileges and immunities from the employees of Commission on the grounds provided by Provision on social guarantees, privileges and immunities in the Eurasian economic union (provision No.32 to the Agreement);

      9) approve the project of budget of Union;

      10) approve procedure of payment of labour of members of College of Commission, civil servants and employees of Commission;

      11) approve general limited staff number of departments of Commission;

      12) approve the plan on creation and development of integrated information system of the Union;

      13) for the purposes of ensuring of observance of rights of citizens of the member states, provided by Agreement for employment to the departments of Commission shall form Ethics Commission upon Council of Commission and approve provision on it;

      14) give instructions to the College of Commission;

      15) exercise other functions and powers in accordance with Agreement, international treaties within the Union and Regulation.

      25. The Council of Commission shall have a right to determine the issues, on which the College of Commission is obliged to conduct consultations within the consultative body, created in accordance with paragraph 44 of this Provision before making decision of the Council of Commission or College of Commission.

      26. Meetings of the Council of Commission shall be conducted in accordance with Regulation. Any member of the Council of Commission may initiate holding of meeting of the Council of Commission, as well as submit proposals to the agenda of meeting of the Council of Commission.

      Meeting of the council of Commission shall be valid if it is attended by all members of the Commission.

      27. In the meetings of the Council of Commission shall participate the Chairman of College of Commission, as well as by invitation of Council of Commission the members of College of Commission. Members of the Council of Commission may invite to the meetings of the Council of Commission the representatives of the member states and other persons.

      In the meetings of the Council of Commission may participate the representatives of third countries in the manner and conditions, which are determined by Agreement.

      28. Chairmanship in the Council of Commission shall be carried out in accordance with paragraph 4 of Article 8 of Agreement.

      In the case of early termination of powers of Chairman of the Council of Commission, the new member of the Council of Commission from presiding member state shall exercise powers of Chairman of the Council of Commission during remaining period.

      Chairman of the Council of Commission shall:

      carry out general management by preparation of issues, submitted for consideration at the next meeting of the Council of Commission;

      determine the agenda;

      open, hold and close the meetings of the Council of Commission.

      29. The Council of Commission shall make decision, instructions and recommendations within their powers.

      The Council of Commission shall make decision, instructions and recommendations by consensus.

      In the case if consensus is not reached, the issue shall be submitted for consideration to the Superior council or Intergovernmental council by suggestion of any member of the Council of Commission.

      30. The member state or member of the Council of Commission shall have a right to submit proposal on its cancellation or making amendments to the College of Commission during 15 calendar days from the date of publication of decision of the College of Commission.

      Chairman of the College of Commission shall direct materials on the relevant decision to the members of the Council of Commission in a day of reception of specified proposal.

      After reception of such materials the Council of Commission shall consider them and make decision during 10 calendar days.

      The member state in the case of disagreement with the decision taken by the Council of Commission according to the results of consideration of issue on cancellation of decision of the College of Commission or making amendments, or in the case of expire of the term, provided by the third item of this paragraph, but not later than 30 calendar days from the date of official publication of decision of the Council of Commission may direct a letter to the Commission signed by the head of government with proposal on submission of relevant issue for consideration of the Intergovernmental council and (or) Superior council.

      Head of the government of the member state shall have a right to apply to the Commission with proposal on submission of issue in relation of decisions of commission, specified in the second item of paragraph 16 of this Provision, for consideration of Intergovernmental council and (or) Superior council at any stage before the date of their entering into force.

      Decision of the College of Commission in relation of which the proposal on cancellation or making amendments in accordance with this paragraph was made shall not enter into force and shall be suspended for the term necessary for consideration of issue in relation of this decision by the Intergovernmental council and (or) Superior council and making of relevant decision according to the results of such consideration.

III. The College of Commission

      31. The College of Commission shall executive body of Commission.

      The College of Commission shall consist of the members of the College, one of which is the Chairman of the College of Commission.

      The College of Commission shall be formed of representatives of the member states based on the principle of equal representation of the member states.

      Numeral Composition of the College of Commission and distribution of obligations between the members of the College of commission shall be determined by Superior council.

      The college of Commission shall carry out management by the departments of Commission.

      32. The member of the College of Commission shall be the citizen of the member state, in which it is presented.

      The members of the College of Commission shall meet the following requirements: have professional preparation (qualification), relevant to the official duties, as well as work experience on profile of official duties at least 7 years, as well as at least 1 year to replace the executive position in the state bodies of the member states.

      33. The members of the College of Commission shall be appointed by Superior council for the term of 4 years with a possible extension of powers.

      Chairman of the College of Commission shall be appointed by Superior council for the term of 4 years on the rotating basis without the right of extension. Rotation shall be carried out alternatively in the Russian alphabetical order by name of the member state.

      34. The members of the College of Commission shall work in Commission on a permanent basis. The members of the College of Commission in the exercise of their powers are independent of the state bodies and civil servants of the member states and may not request or receive instructions from authorities or officials of the member states.

      Mechanism of interaction of members of the College of Commission with the member states on issues of international activity shall be determined in accordance with Procedure of carrying out of international cooperation by the Union, approved by the Superior council.

      35. The members of the College of Commission shall not have a right to combine the work in the College of Commission with other work or engage in other paid activity, except for teaching, scientific or other creative activity, during the term of their powers.

      36. The members of the College of Commission shall not have a right to:

      1) participate in activity of body of management of commercial organization on a paid basis;

      2) carry out entrepreneurial activity;

      3) receive remuneration from individuals and legal entities (gifts, monetary rewards, loans, services, payment for entertainment, rest, transportation charges and other remunerations) in connection with exercise of powers. The gifts received by the member of College of Commission in connection with protocol events, with official business trips and other official events (except for the symbolic) shall be recognized as the property of the Commission and transferred to the Commission by the act. The member of the College of Commission, transferred such gift may reacquire it in the manner approved by the Council of Commission;

      4) carry out the trips in connection with execution of official duties at the expense of funds of individuals and legal entities;

      5) use the means of logistical and other ensurance, other property of Commission for the purposes, not related with exercise of powers, as well as transfer them to other persons;

      6) disclose or use details of confidential nature or official information, which became known to it in connection with the exercise of powers for the purposes, not related with exercise of powers;

      7) use the powers of the member of the College of Commission in the interests of political parties, other public associations, religious associations and other organizations, as well as publicly express attitude to the specified associations and organizations as a member of the College of Commission, if it is not enter to their powers;

      8) create the structure of political parties in the Commission, other public associations (except for the professional unions, veterans and other bodies of public self-activity) and religious associations or contribute to the creation of these structures.

      37. A member of the College of Commission in the case of commercial holding of securities and (or) shares (shares of participation in the charter capitals of organization) shall be obliged to transfer their securities and (or) shares (shares of participation in the charter capitals of organizations) to the trust management within a reasonable time.

      38. Restrictions, established by paragraphs 35-37 of this Provision shall be also distributed to the civil servants and employees of Commission.

      39. Any violation of restrictions, established by paragraphs 35-37 of this Provision shall be the ground for early termination of powers of a member of the college of Commission, dissolution of labour agreement (contract) with civil servant, employee of Commission.

      40. Each member state shall present the candidates for the post of a member of the College of Commission to the Superior council.

      Personal composition of the College of Commission, including Chairman of the College of Commission shall be approved by Superior council by presentation of the member states.

      In the case of non-approval of candidate of a member of the College of Commission by Superior council, the member state shall present a new candidate during 30 calendar days.

      41. Member states shall not have a right to recall a member of the College of Commission, except for the cases of unfair execution of their official duties or cases, specified in paragraphs 35-37 of this Provision.

      Early termination of powers of a member of the College of Commission (except for the cases of voluntary removal) shall be carried out by presentation of the member state on the basis of decision of Superior council.

      In the case of early termination of powers of a member of the College of Commission, a new member of the College of Commission shall be assigned by presentation of the same member state, by whom a member of the College of Commission, terminated the powers was presented, for the remaining period of powers of the previous member of the College of Commission.

      42. Assignment of responsibilities between members of the College of Commission, as well as total number of staff of departments of Commission and procedure of payment of labour of the members of the College of Commission, civil servant and employees of Commission (as well as their supplies) shall be approved by Superior council.

      43. College of Commission shall ensure implementation of the following functions and powers:

      1) carry out development of proposals and set of proposals, presented by the member states in the scope of integration within the Union (including development and implementation of basic directions of integration);

      2) adopt decisions, instructions and recommendations;

      3) execute decisions and instructions, adopted by Superior council and Intergovernmental council, and decisions, adopted by the Council of Commission;

      4) carry out monitoring and control of execution of international treaties, included in the right of the Union, and decisions of Commission, as well as inform the member states on necessity of their execution;

      5) annually present a report on executed work for consideration by the Council of Commission;

      6) develop recommendations on issues, concerning formation, functioning and development of the Union;

      7) prepare expert findings (in a written form) on the proposals of the member states, received to the Commission;

      8) render assistance to the member states in the adjustment of disputes within the Union before application to the Court of the Union;

      9) ensure presentation of interests of Commission in the judicial instances, including the Court of the Union;

      10) carry out interaction with bodies of the state power of the member states within their powers;

      11) consider requests, received to the Commission;

      12) approve the plan of foreign business trips of members of the College, civil servants and employees of Commission for the regular year by presentation of Chairman of the College of Commission;

      13) approve a plan of research works for the regular year by presentation of Chairman of the College of Commission after its consideration on the consultative committees, inform the Council of Commission on the specified plan;

      14) carry out development of project of budget of the Union and preparation of projects of reports on its execution, ensure execution of budget estimate of Commission;

      15) develop projects of international treaties and decisions of Commission, adopted by the Council of Commission, as well as other documents, necessary for implementation of powers of Commission;

      16) conduct estimation procedure of regulatory impact in accordance with the established procedure and ensure preparation of annual report on monitoring of conducting of this procedure;

      17) ensure holding of meetings of the Council of Commission, Intergovernmental council and Superior council, as well as subsidiary bodies, created in accordance with paragraph 3 of Article 5 of Agreement;

      18) present proposals on removal of privileges and immunities from civil servants and employees of Commission, for consideration of the Council of Commission;

      19) place orders and conclude agreements for the supply of goods, execution of works and rendering of services for the needs of Commission in the manner approved by the Council of Commission;

      20) ensure observation of procedure of the work with documents of limited distribution (confidential and for official use), approved by the Council of Commission.

      44. The College of Commission shall have a right to create consultative bodies upon College of Commission, an activity and procedure of which are determined by the relevant provisions, approved by the College of Commission. Upon that the relevant consultative body shall be created by the College of Commission on a mandatory basis for consideration of issues, determined by the Council of Commission.

      45. Authorized representatives of bodies of the state power of the member states shall include to the composition of consultative bodies upon the College of Commission.

      Representatives of business community, scientific and public organizations, and other independent experts shall be included to the composition of consultative bodies upon the College of Commission at the suggestion of the member states.

      46. Consultative bodies upon the College of Commission shall carry out preparation of recommendations for the Commission within their powers on issues, referred to their competence. Suggestions of members of consultative bodies, presented them at the meetings of consultative bodies may not be considered as final position of the member states.

      47. Organizational and technical support of activity of consultative bodies upon the College of Commission shall be carried out by Commission.

      Directing member states shall bear expenses related with participation of authorized representatives of bodies of the state power of the member states in the work of consultative bodies upon the College of Commission. The specified persons shall bear expenses related with participation of representatives of business community, scientific and public organizations, and other independent experts in the work of consultative bodies upon the College of Commission independently.

      48. College of Commission shall adopt decisions, instructions and recommendations within their powers.

      Decisions, instructions and recommendations of Commission, adopted by the College of Commission shall be signed by the Chairman of College of commission.

      49. Meetings of the College of Commission shall be generally held at least 1 time per week.

      Members of the College of Commission shall participate in the meeting of the College of commission personally, without the right to replace. In the case of objective impossibility of participation in the meeting of the College of Commission, a member of the College of Commission shall have a right to state its position in a written form in the manner established by Regulation or to delegate the right to present its position to the director of department of Commission, in the competence of which the issue under consideration is included, by attorney and with the consent of Chairman of the College of Commission. Upon that a director of department of Commission shall not have a right to vote in the voting.

      One representative form the member state may present in the meetings of the College.

      Extraordinary meetings shall be held at the request of at least one of the members of the College of Commission on the basis of decision of the Chairman of the College of Commission. Procedure of holding of meetings of the College of Commission and procedure of voting shall be established by Regulation.

      50. A set of documents and materials for each of the issues of the project of agenda for the meetings of the College of Commission shall be distributed to the member states on a mandatory basis in accordance with Regulation, but not later than 30 calendar days before the date of meeting of the College of Commission.

      51. Chairman of the College of Commission shall:

      1) organize an activity of the College of Commission and bear responsibility for performance of functions, imposed on it;

      2) form the projects of plans of meetings of the College of Commission and the Council of Commission in accordance with the established procedure for the next period and agendas of meetings of the College of Commission, Council of Commission, as well as projects of agendas of the meetings of Superior council and Intergovernmental council, which subject to approval at the meeting of the council of Commission and are directed to the member states no later than 20 calendar days before the date of holding of the relevant meeting with the annex of necessary materials;

      3) report to the Council of Commission, Intergovernmental council and Superior council on issues, requiring their decisions, and on other documents with relevant proposals on the results of their consideration at the meeting of the College of Commission;

      4) establish procedure of the work of departments of Commission, as well as determine the issues, including in the scope of maintenance of departments of Commission;

      5) organize the work on preparation of meetings of the College of Commission, Council of Commission, Intergovernmental Council and Superior council;

      6) conduct meetings of the College of Commission;

      7) participate in the meetings of the Council of Commission;

      8) present the College of Commission in the Council of Commission;

      9) present proposals on assignment of departments of Commission for the members of the College of Commission for consideration of the Council of Commission in coordination with the members of the College of Commission;

      10) determine procedure of interaction with representatives of mass media, rules of public speeches of civil servants and employees of Commission and provision of official information;

      11) speak on behalf of Commission as administrator of the Union budget, is the manager of funds of the budget estimates of Commission, control the material resources of Commission, conclude civil agreements and appear in court;

      12) assign directors of departments of Commission and their assistants on the results of competition and conclude the contracts with them;

      13) conclude the labour agreements (contracts) with employees of Commission on behalf of Commission on the results of competition;

      14) approve provisions on departments of Commission;

      15) assign acting Chairman of the College of Commission from the number of members of the College of Commission;

      16) exercise the powers of representative of the employer in relation of civil servants and employees of Commission, approve official regulations (instructions), approve the leave schedules, grant leaves and adopt decisions on detachment;

      17) ensure conducting of verification on facts, imposed in application of the member state to recall of a member of the College of Commission on the grounds, specified in paragraphs 36 and 37 of this Provision, in the manner approved by the Council of Commission;

      18) exercise other functions, necessary for ensuring of activity of the College of Commission and departments of Commission in accordance with Regulation.

      52. A member of the College of Commission in accordance with assignment of responsibilities shall:

      1) carry out preparation of proposals on issues, referred to its competence;

      2) report at the meetings of the College of Commission and Council of Commission on issues, referred to its competence;

      3) coordinate and control an activity of supervised departments of Commission;

      4) prepare projects of decisions, instructions and recommendations of the College of Commission on issues, referred to its competence;

      5) carry out monitoring of execution of international treaties, including to the Union law by the member states, on issues referred to its competence;

      6) carry out monitoring of execution of decisions of Commission by the member states on issues, referred to its competence;

      7) prepare projects of expert conclusions (in a written form) for the proposals of the member states, received to the Commission on issues referred to its competence;

      8) carry out interaction with bodies of the state power of the member states within the powers of the College of Commission on issues referred to its competence (as well as request information, necessary for exercise of powers, from the bodies of the state power of the member states, legal entities and individuals);

      9) ensure development of projects of international treaties, decisions, instructions and recommendations of Commission, adopted by the Council of Commission, as well as other documents, necessary for implementation of Commission on issues referred to its competence;

      10) ensure participation of supervised departments of Commission in conducting of evaluation procedure of regulatory impact according to the established procedure;

      11) submit proposals on creation of consultative bodies for consideration of the College of Commission upon the College of Commission on issues, referred to its competence.

      53. The issues, related with provision of privileges and immunities, social guarantees to the members of the College of Commission, as well as issues, related with labour relations and compulsory state social and retirement insurance shall be regulated in accordance with Provision on social guarantees, privileges and immunities in the Eurasian economic union (annex No. 32 to the Agreement).

IV. Department of Commission

      54. Ensuring of activity of the Council of Commission and College of Commission shall be carried out by departments of Commission.

      Civil servants and employees shall include to the composition of departments of Commission.

      Hiring of civil servants and employees of Commission shall be carried out in accordance with Article 9 of Agreement.

      Directors of departments of the Commission and their deputies shall be appointed by the Chairman of the Collegium of the Commission upon the recommendation of the Competition Commission.

      Employment agreements (contracts) shall be concluded with the directors of departments of the Commission and their deputies for a term not exceeding the term of office of the Collegium of the Commission, established under paragraph 33 of these Regulations.

      The Chairman of the Collegium of the Commission may extend the employment agreements (contracts) of the directors of departments of the Commission and their deputies for up to 3 months on one occasion.

      Should the employment agreement (contract) with the Director of the Department of the Commission or the Deputy Director of the Department of the Commission be terminated (terminated prematurely), the employment agreement (contract) with the person appointed to the vacant position of the Director of the Department of the Commission or the Deputy Director of the Department of the Commission shall be executed for the period remaining until the end of the term of the Board of the Commission, established under paragraph 33 of these Regulations.

      Directors of departments of Commission and their assistants shall comply with the following requirements:

      have the nationality of one of the member states;

      have professional preparation (qualification) and work experience at least 5 years on the profile, relevant to the official duties.

      Departments of the Commission shall be staffed through a competitive process from among the nationals of member states complying with the relevant qualification requirements for the position approved by the Council of the Commission and based on the outcomes of a qualification selection carried out in a member state, if the need for such a selection is provided by the legislation of a member state.

      Commission officials shall be hired under employment agreements (contracts) concluded with the Chairman of the Collegium of the Commission for a period of 5 years. The labor agreement (contract) with an official of the Commission may be prolonged for the same period by the Chairman of the Collegium of the Commission upon the proposal of a member of the Collegium of the Commission, overseeing the activities of the relevant structural unit of the Commission including in view of the results of the performance appraisal.

      Procedure of conclusion of labour agreement (contract), its extension and grounds for its dissolution shall be approved by the Council of Commission.

      Additional requirements, which are specified in the manner of conducting of competition may be imposed to the candidates.

      Employees of Commission shall be certified in the manner, approved by the Council of Commission.

      Footnote. Paragraph 54 as amended by Law of the Republic of Kazakhstan No. 145-VII of 10.10.2022 (shall become effective on the date of receipt by the depositary via diplomatic channels of the last written notification on completion by member-states of domestic procedures necessary for its entry into force).

      55. Departments of Commission shall implement the following functions:

      1) carry out preparation of materials of projects of decisions, instructions and recommendations on issues of functioning of the Union (as well as proposals on conclusion of international treaties and making amendments) for consideration by the members of the College of Commission;

      2) carry out monitoring of execution of international treaties, including to the Union law, decisions and instructions of the College of Commission, Council of Commission, Intergovernmental council and Superior council by the member states, for the purposes of presentation of results for consideration by the members of the College of Commission;

      3) carry out preparation of proposals on the results of monitoring and analysis of the legislation of the member states in the scopes, regulated by the Union law for consideration by the members of the College of Commission;

      4) carry out preparation of projects of international treaties and other documents, necessary for functioning of the Union;

      5) interact with bodies of the state power of the member states;

      6) carry out preparation of projects of budget of the Union and report of its execution, develop the project of budget estimates of Commission and ensure its execution;

      7) ensure execution of functions of depositary of international treaties within the Union by Commission;

      8) participate in conducting of evaluation procedure of regulatory impact according to the established procedure and carry out monitoring of conducting of this procedure;

      9) exercise other functions, determined by international treaties, including in the Union law, decisions of Superior council, Intergovernmental council and Commission (as well as directed to organization of the work of bodies of the Union, information and technical support of activity of Commission).

      56. Civil servants and employees of Commission shall be international civil servants.

      Upon performance of official duties, the civil servants and employees of Commission are irrespective of the state bodies and civil servants of the member states and may not request or receive instructions from bodies of power or civil servants of the member states.

      Each member state shall be obliged to respect the status of civil servants and employees of Commission and not have influence on them upon performance them their official duties.

      During the work in the Commission, the civil servants and employees of Commission shall not have a right to combine work in the Commission with other work or engage in other paid activity, except for teaching, scientific or other creative activity, during the term of its professional and official duties.

      57. The members of the College of Commission, civil servants and employees of Commission shall annually present details on their incomes, property and property obligations, as well as on incomes, property and property obligations of the family members (husband (wife) and the minors) according to the procedure and terms, which are determined by the Council of Commission.

      58. Details on incomes, property and property obligations, presented by the members of the College of Commission, as well as civil servants and employees of Commission in accordance with this Provision shall be details of a confidential nature.

      59. Persons, guilty in disclosure of details, specified in paragraphs 57 and 58 of this Provision shall bear responsibility in accordance with the legislation of the member states.

      60. Verification of reliability and completeness of details, specified in paragraphs 57 and 58 of this Provision shall be carried out in the manner approved by the Intergovernmental council.

      61. Members of the College of Commission, civil servants and employees of Commission shall be obliged to take measures to settlement or prevention of conflict of interests, which may arise by virtue of availability of personal interest of the member of the College of Commission, civil servant or employee of Commission.

      62. The issues related with provision of privileges and immunities, social guarantees to the civil servants and employees of Commission, as well as the issues related with labour relations and compulsory state social and retirement insurance shall be regulated in accordance with Provision on social guarantees, privileges and immunities in the Eurasian economic union (annex No.32 to Agreement).

  ANNEX No.2
  to the Agreement
  on Eurasian economic union

STATUTE
of the Court of Eurasian economic union
CHAPTER I. General provisions
Legal status of the Court

      1.The Court of Eurasian economic union (hereinafter – Court) shall be judicial body of the Eurasian economic union (hereinafter – Union), which is created and operates on a permanent basis in accordance with Agreement on Eurasian economic union (hereinafter – Agreement) and this Statute.

      2. The purpose of activity of the Court shall be ensuring of uniform application of Agreement, international treaties by the member states and bodies of the Union in accordance with provisions of this Statute within the Union, international treaties of the Union with third party and decisions of bodies of the Union.

      For the purposes of this Statute under the bodies of the Union shall be regarded the bodies of the Union, except for the Court.

      3. The Court shall be enjoyed rights of legal entity.

      4. The Court shall maintain its documentation have a seal and forms with its name, approve its official website and official bulletin.

      5. The Court shall develop proposals on financing of activity of the Court and manage funds, allocated for provision of its activity, in accordance with Provision on the Union budget.

      6. Conditions of payment for labour of judges, civil servants and employees of the Court shall be determined by Superior Eurasian economic council.

CHAPTER II. Composition of Court

      7. Composition of Court shall include two judges from each member state.

      8. The term of office of judge- nine years.

      9. The judges shall have high moral quality, be highly qualified specialists in the field of international and domestic law and, as a rule, comply with the requirements, presented to the judges of the highest judicial authorities of the member states.

      10. The judges shall be assigned for the post by Superior Eurasian economic union by presentation of the member state. Upon assumption of an office the judges shall take an oath.

      11. The judges shall be dismissed by the Superior Eurasian economic union.

      12. The powers of judge may be terminated on the following grounds:

      1) termination of activity of Court;

      2) expire of period of powers of judge;

      3) written application of judge on abdication in connection with transfer to other work or for other reasons;

      4) inability for health reasons or other reasonable excuses to exercise the powers of a judge;

      5) engage in activity incompatible with the judicial appointment;

      6) termination of membership in the Union of the state, to which the judge is represented;

      7) loss of judge the nationality of the member state, to which the judge is represented;

      8) commission of a serious offence by judge, incompatible with the high status of a judge;

      9) entering of judgment of conviction into legal force in relation of judge or court decision on application of compulsory medical measures to him (her);

      10) entering of court decision on disability of judge or recognition him (her) as incapable into legal force;

      11) death of judge or entering of court decision on declaring him (her) dead or recognition as missing into legal force.

      13. Member state, submitted a judge, Court or the judge may act with initiative on termination of powers of judge on the grounds, provided by paragraph 12 of this Statute.

      The issues on making of initiative on termination of powers of judge shall be determined by Regulation of court on Eurasian economic union, which is approved by Superior Eurasian economic union (hereinafter – Regulation).

      14. Court Chairman shall carry out the management of the Court activity. Court Chairman shall have the assistants.

      Upon temporary impossibility of participation of Court Chairman in the Court activity, an assistant of the Court Chairman shall exercise its obligations.

      15. Court Chairman and its assistant shall be elected for the post from the composition of the Court by judges of Court in accordance with Regulation and approved by Superior Eurasian economic union.

      Court Chairman and its assistants may not be the citizens of the same member state.

      Upon termination of powers, the Court Chairman or its assistant shall be elected from the number of judges, presented by other member states than those that had been submitted the previous Court Chairman and his (her) assistant, respectively.

      16. Court Chairman and his (her) assistant shall exercise his (her) powers during three years.

      17. Court Chairman shall:

      1) approve procedure of organization and activity of the Court and judges;

      2) organize activity of the Court;

      3) ensure interaction of the Court with authorized bodies of the member states, foreign and international judicial bodies within the powers;

      4) appoint to a post and dismiss from the post of employees and civil servants of Court according to the procedure established by this Statute;

      5) organize provision of details on activity of the Court to mass media;

      6) exercise other powers within this Statute.

      18. Judges may not present the interests of the state or interstate bodies and organizations, commercial structures, political parties and movements, as well as territories, nations, nationalities, social and religious groups and individuals.

      Judges shall not have a right to engage in any activity, related with receipt of incomes, except for the scientific, creative and teaching.

      19. Judge may not participate in solution of any case, in which he (she) is participated as representative, attorney or lawyer of one of the parties of dispute, member of national or international court, investigating commission or in any other kind of activity.

      20. Upon administration of justice the judges are equal and have the same status. Court Chairman and his (her) assistant shall not have a right to take actions, directed to reception of any illegal advantage in comparison with other judges.

      21. The judge both upon exercise their powers, and in out-of-office relations shall avoid the conflict of interests, as well as anything that may belittle the authority of judicial power, the dignity of the judge or call into question in its objectivity, fairness, impartiality.

CHAPTER III. Court Apparatus
Status of civil servants and employees

      22. Court Apparatus shall ensure an activity of Court.

      23. Secretariat of judges and secretariat of Court shall include in the structure of Court Apparatus.

      24. Secretariat of judge shall consist of counsellor of judge and judge assistant.

      25. Legal, organizational, material and other support of activity of Court shall be carried out by the Secretariat of Court.

      26. Structure and number of Secretariat of Court shall be approved by the Superior Eurasian economic council.

      27. Head of the Secretariat of the Court shall head the Secretariat of Court. Head of the Secretariat of Court shall have two assistants. Head of the Secretariat of Court and its assistants shall be civil servants of Court, which are assigned to the posts and dismissed from post in accordance with this Statute and Agreement. Head of the Secretariat of the Court and its assistants may not be the citizens of the same member state.

      28. Labour relations shall be regulated by Agreement, applied by international treaties within the Union and legislation of the state of residence of the Court.

      29. Counsellor of the judge shall be a civil servant of the Court, assigned to the post and dismissed from post by the Chairman of Court at the suggestion of relevant judge.

      30. Counsellor of judge shall carry out information and analytical support of activity of judge.

      31. Counsellor of judge shall have high moral quality, be highly qualified specialists in the field of international law and (or) international economic activity.

      32. The assistant of judge shall be an employee, assigned to a post and dismissed from post by the Chairman of court at the suggestion of relevant judge.

      33. An assistant of judge shall carry out organizational support of activity of judge.

      34. The selection of candidates for holding of posts of the head of Secretariat of the Court and its assistants shall be conducted on a competitive basis by the competition committee of the Court in recognition of principle of equal representation of the member states.

      Candidates for participation in competition for holding of specified posts shall be presented by the member states.

      35. Secretariat of the Court shall be formed on a competitive basis in recognition of share participation of the member states in the budget of the Union from the number of citizens of the member states.

      Employees of the Secretariat of Court shall be employed on the basis of labour agreements (contracts) concluded with them.

      36. Composition of competition committee of the Court for the selection of candidates for holding of posts of the Secretariat of Court shall include all the judges of the Court, except for the Chairman of the Court.

      Members of competition committee shall select the chairman of competition committee.

      Competition committee shall make their decisions in the form of recommendations by the majority of votes and present them to the Chairman of the Court for the appointment.

      37. Procedure of conducting of competition for holding of vacant posts in the Secretariat of the Court shall be determined by Court and approved by the Chairman of the Court in accordance with basic rules of conducting of competition, determined by the Superior Eurasian economic council.

      38. Technical staff of the Secretariat of the Court shall be employed by the head of Secretariat of the Court on the basis of labour agreements (contracts), concluded with them.

CHAPTER IV. Competence of the Court

      39. The Court shall consider the disputes, arising on issues of implementation of Agreement, international treaties within the Union and (or) decisions of bodies of the Union:

      1) by application of the member state:

      on compliance of international treaties within the Union or its separate provisions with the Agreement;

      on observance of Agreement, international treaties within the Union and (or) decisions of bodies of the Union, as well as separate provisions of specified international treaties and (or) decisions by other member state (other member states);

      on compliance of decisions of Commission or its separate provisions with the Agreement, international treaties within the Union and (or) decisions of bodies of the Union;

      on contestation of action (omission) of commission;

      2) by application of business entity:

      on compliance of decisions of Commission or its separate provisions, directly affecting the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity with the Agreement and (or) international treaties within the Union, if such decision or its separate provision is entailed a violation of rights and legal interests of business entity, provided by Agreement and (or) international treaties within the Union;

      on contestation of action (omission) of Commission, directly affecting the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity, if such action (omission) is entailed a violation of rights and legal interests of business entity, provided by Agreement and (or) international treaties within the Union;

      For the purposes of the Statute the business entity shall be regarded as legal entity, registered in accordance with the legislation of the member state or third state, or individual, registered as individual entrepreneur in accordance with the legislation of the member state or third state.

      40. The member states may include to the competence of the Court other disputes, permission of which the Court directly provides by Agreement, international treaties within the Union, international treaties of the Union with third party or other international treaties between the member states.

      41. The question on availability of competence of the Court on solution of dispute shall be resolved by the Court. The Court in determining whether it has the competence to consider the dispute shall be governed by Agreement, international treaties within the Union and (or) international treaties of the Union with third party.

      42. The competence of the Court shall not include vesting of bodies of the Union with additional competence other than that directly provided by Agreement and (or) international treaties within the Union.

      43. The dispute shall not be accepted for consideration by the Court without preliminary application of applicant to the member state or Commission for settlement of the question according to the pre-judicial procedure by consultations, negotiations or other methods, provided by Agreement and international treaties within the Union, except for the cases, directly provided by Agreement.

      44. If the member state or Commission did not take measures on settlement of a question according to the pre-judicial procedure during 3 months from the date of reception of application of applicant, the application on consideration of dispute may be directed to the Court.

      45. The dispute may be transferred for consideration of the Court before expire of the term, specified in paragraph 44 of this Statute by mutual consent of the parties.

      46. The court shall carry out explanation of provisions of Agreement, international treaties within the Union and decisions of bodies of the Union by application of the member state or body of the Union, as well as by application of employees and civil servants of bodies of the Union and the Court of provisions of Agreement, international treaties within the Union and decisions of bodies of the Union, related with labour law relations (hereinafter – explanation).

      47. Carrying out of explanation by the Court means provision of consultative conclusion and does not deprive the right of the member state to a joint interpretation of international treaties by them.

      48. The Court shall carry out explanation of provisions of international treaty of the Union with third party, unless otherwise provided by this international treaty.

      49. Appeal to the Court on behalf of the member state with application on consideration of dispute or with application on explanation shall be carried out by the authorized bodies and organizations of the member state, the list of which is determined by each member state and directed to the Court through the diplomatic channels.

      50. The Court upon implementation of justice shall apply:

      1) generally recognized principles and regulations of international law;

      2) an Agreement, international treaties within the Union and other international treaties, the participants of which are the state parties of dispute;

      3) decisions and instructions of bodies of the Union;

      4) international custom, as evidence of a general practice accepted as legal norm.

      51. Provisions of Agreement, international treaties within the Union and international treaties of the Union with third party, concerning resolution of disputes, explanations and interpretations shall be applied in a part, not contradicting to this Statute.

CHAPTER V. Judicial proceedings
Section 1
Judicial proceedings on the cases of
resolution of disputes

      52. Procedure of consideration of cases on resolution of disputes in a Court shall be determined by Regulation.

      53. The Court shall carry out judicial proceedings on the basis of the following principles:

      independence of the judges;

      transparency of proceedings;

      publicity;

      equality of dispute parties;

      contentiousness;

      collegiality.

      Procedure of implementation of principles of judicial proceedings shall be determined by Regulation.

      54. Receipt of the application in a Court in relation of any international treaty within the Union and (or) decision of Commission shall not be the basis for suspension of effect of such international treaty and (or) decision and (or) their separate provisions, except for the cases, directly provided by Agreement.

      55. The Court may request materials, necessary for consideration of cases, from business entities, authorized bodies and organizations of the member states, as well as bodies of the Union, directed the application in a Court.

      56. Classified information may be received by the Court or presented by person, participating in the case, in accordance with the Agreement, international treaties within the Union, Regulation and legislation of the member states. The Court shall take the appropriate measures on ensuring of protection of such information.

      57. Judicial proceedings in the Court shall be carried out with the participation of parties of dispute, applicant, and their representatives, experts, including the experts of specialized groups, specialists, witnesses and translators.

      58. Persons, participating in the case shall be used by procedural rights and incur procedural obligations in accordance with Regulation.

      59. the immunity from administrative, civil and criminal jurisdiction in relation of all words spoken or written in connection with their participation in the process on consideration of the case by the Court shall be provided to the experts of specialized groups. These persons shall lose immunity in the case of violation of procedure of the use and protection of classified information, determined by Regulation.

      60. If the member state or Commission considers that the decision on the dispute may affect their interests, this member state or Commission may be applied with application on permission to intervene as the interested participant of dispute.

      61. The Court shall dismiss the requirements on compensation of losses or other property requirements without consideration.

      62. Application of business entity in a Court shall be imposed duty.

      63. Duties shall be paid by the business entity before filing of application in a Court.

      64. In the case of meeting by the Court the requirements of business entity, specified in application shall be carried out the return of duties.

      65. The amount, currency of payment, procedure of crediting, use and return of duty shall be determined by the Superior Eurasian Economic Union.

      66. In the course of consideration of the case, each party of dispute shall bear their expenses of the court independently.

      67. In any stage of consideration of the case, the dispute may be settled by the parties of dispute by conclusion of amicable agreement, refusal of an applicant of their requirements or cancellation of application.

Section 2
Judicial proceedings on the cases of explanation

      68. Procedure of consideration of cases on explanation shall be determined by Regulation.

      69. The Court shall carry out the judicial proceedings on the cases of explanation on the basis of principles of independence of judges and collegiality.

Section 3
Composition of Court

      70. The Court shall consider the cases in the composition of Grand college of Court, the College of Court and Appeals chamber of Court.

      71. The Court shall consider the cases on settlement of disputes at the meetings of Grand college of Court in the cases, provided by subparagraph 1 of paragraph 39 of this Statute.

      72. Grand college shall consider the procedural issues, provided by Regulation.

      73. The Court shall consider the cases on explanation at the meetings of Grand college of the Court.

      74. Composition of Grand college of the Court shall include all judges of Court.

      75. Judicial meeting of Grand college of Court shall be considered as valid upon condition of presence of all the judges of the Court.

      76. The Court shall sit in the composition of College of Court in the cases, provided by subparagraph 2 of paragraph 39 of this Statute.

      77. The composition of the College of Court shall include one judge from each member state in turn by the name of the judge, beginning with the first letter of the Russian alphabet.

      78. Judicial meeting of the College of Court shall be considered as valid upon condition that the presence of one judge from each member state.

      79. The Court shall sit in the composition of Appeals Chamber of the Court upon consideration of applications on appeal of decisions of the College of Court.

      80. The composition of Appeals Chamber of the Court shall include the judges of Court form the member states, not participating in consideration of the case, decision of the College of Court of which is appealed.

      81. Judicial meeting of Appeals Chamber of the Court shall be considered as valid upon condition of presence of one judge from each member state.

CHAPTER VI. Specialized groups

      82. The specialized group shall be created upon consideration of specific dispute, the subject of which is the issues of provision of industrial subsidies, measures of the state support of agricultural industry, application of special protective, antidumping and compensatory measures.

      83. Specialized group shall consist of three experts, one from the list, presented by each member state on the relevant type of dispute.

      84. The composition of specialized group shall be approved by Court.

      85. Specialized group shall be dissolved after consideration of the case.

      86. The member states shall direct the lists of at least three experts for each type of disputes, specified in paragraph 82 of this Statute, who are ready and able to serve as members of the specialized groups, to the Court not later than 60 calendar days after entering of Agreement into legal force.

      The member states shall update the lists of experts on a regular basis, but not less than once a year.

      87. Individuals, being highly qualified specialists, having special knowledge and experience in matters which constitute the subject of disputes specified in paragraph 82 of this Statute shall act as experts.

      88. Experts shall act in their personal capacity, independently and not related with any party of dispute and may not receive from them any instructions.

      89. Expert may not act as a member of specialized group in the case of existence of conflict of interests.

      90. Specialized group shall prepare conclusion, containing objective assessment of factual circumstances of case, and present it in a Court in the terms, established by Regulation.

      91. Conclusion of specialized group shall have recommendatory nature, except for the case provided by third item of paragraph 92 of this Statute and shall be estimated by the Court in making one of the decisions, provided by paragraphs 104 – 110 of this Statute.

      92. Conclusion of specialized group, prepared on dispute, the subject of which is the issues of provision of industrial subsidies or measures of the state support of agricultural industry shall contain the conclusion on the existence or absence of violations, as well as on application of relevant compensatory measures in the case of existence of violation.

      In a part of conclusion of specialized group on existence or on absence of violation of conclusion of specialized group shall have recommendatory nature and shall be estimated by the Court upon rendering of one of decisions, provided by paragraphs 104-110 of this Statute.

      In a part of conclusion on application of relevant compensatory measures, the conclusion of specialized group shall be compulsory for the Court upon rendering of decision.

      93. Procedure of formation and activity of specialized groups shall be determined by Regulation.

      94. Procedure of payment of services of experts of specialized groups shall be determined by Superior Eurasian economic union.

CHAPTER VII. Acts of the Court

      95. The Court in the terms, established by Regulation shall adopt provision on procedural issues of activity of Court, including provisions:

      1) on adoption or refusal in adoption of application to proceedings;

      2) on suspension or resumption of proceedings on the case;

      3) on termination of proceeding on the case.

      96. The Court shall render decision on the results of consideration of dispute, and on application of explanation shall provide the advisory conclusion in the term not later than 90 days from the date of reception of application.

      97. The term of rendering of decision may be extended in the cases, provided by Regulation.

      98. Advisory conclusion on application of explanation shall have recommendatory nature.

      99. The Court shall render decision, which is compulsory for execution by the parties of dispute, according to the results of consideration of disputes, provided by subparagraph 1 of paragraph 39 of this Statute.

      100. The Court shall render decision, which is compulsory for execution by Commission, according to the results of consideration of disputes, provided by subparagraph 2 of paragraph 39 of this Statute.

      101. Decision of the Court may not be beyond the scope of issues, specified in application.

      102. Decision of the Court does not change, and (or) cancel the existing regulations of the Union law, legislation of the member states and does not create new ones.

      103. The parties of dispute shall independently determine the form and method of execution of decision of the Court without damage to the provisions of paragraphs 111-113 of this Statute.

      104. According to the results of consideration of the case on application of the member state on compliance of international treaty within the Union or its separate provisions with the Agreement, the Grand college of the Court shall render one of the following decisions:

      1) on non-compliance of international treaty within the Union or its separate provisions with the Agreement;

      2) on compliance of international treaty within the Union or its separate provisions with the Agreement.

      105. According to the results of consideration of the case on application of the member state on observation of Agreement, international treaties within the Union and (or) decisions of bodies of the Union, as well as separate provisions of specified international treaties and (or) decisions by other member state (other member states), the Grand college of the Court shall render one of the following decisions:

      1) on establishment of fact of observation of Agreement, international treaties within the Union and (or) decisions of bodies of the Union as well as separate provisions of specified international treaties and (or) decisions by the member state (member states);

      2) on establishment of fact of nonobservance of Agreement, international treaties within the Union and (or) decisions of bodies of the Union as well as separate provisions of specified international treaties and (or) decisions by the member state (member states).

      106. According to the results of consideration of case on application of the member state on compliance of decisions of Commission or its separate provisions with the Agreement, international treaties within the Union and (or) decisions of bodies of the Union, the Grand college of the Court shall render one of the following decisions:

      1) on non-compliance of decision of Commission or its separate provisions with the Agreement, international treaties within the Union and (or) decisions of bodies of the Union;

      2) on compliance of decision of Commission or its separate provisions with the Agreement, international treaties within the Union and (or) decisions of bodies of the Union.

      107. According to the results of consideration of the case on application of the member state on contestation of action (omission) of Commission, the Grand college of the Court shall render one of the following decisions:

      1) on recognition of contested action (omission) as not corresponding to the Agreement and (or) international treaties within the Union;

      2) on recognition of contested action (omission) as corresponding to the Agreement and (or) international treaties within the Union.

      108. According to the results of consideration of the case on application of business entity on compliance of decision of Commission or its separate provisions, directly affecting the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity, with the Agreement and (or) international treaties within the Union, if such decision or its separate provisions are entailed a violation of rights and legal interests of business entity, provided by Agreement and (or) international treaties, the College of the Court shall render one of the following decisions:

      1) on recognition of decision of Commission or its separate provisions as corresponding to the Agreement and (or) international treaties within the Union;

      2) on recognition of decision of commission or its separate provisions as not corresponding to the Agreement and (or) international treaties within the Union.

      109. According to the results of consideration of the case on application of business entity on contestation of action (omission) of Commission, the College of the Court shall render one of the following decisions:

      1) on recognition of contested action (omission) of Commission as not corresponding to the Agreement and (or) international treaties within the Union and violating the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity;

      2) on recognition of contested action (omission) of Commission as corresponding to the Agreement and (or) international treaties within the Union and not violating the rights and legal interests of business entity in the scope of entrepreneurial and other economic activity.

      110. According to the results of consideration of the case on application of business entity on appeal of decision of the College of the Court, Appeals Chamber of the Court shall render one of the following decisions:

      1) on leaving the decision of the College of Court without change, and application on appeal – without satisfaction;

      2) on fully or partially revocation or on change of decision of the College of the Court, rendering of a new decision on the case in accordance with paragraphs 108 and 109 of this Statute.

      111. The effect of decision of the Commission or its separate provisions, recognized by Court as not corresponding to the Agreement and (or) international treaties within the Union shall be continued after entering of relevant decision of the Court into legal force before execution of this Court decision by Commission.

      Decision of Commission or its separate provisions, recognized by Court as not corresponding to the Agreement and (or) international treaties within the Union, within a reasonable time, but not exceeding 60 calendar days from the date of entry into force of the decision of the Court shall be brought by Commission to correspondence with Agreement and (or) international treaties within the Union, unless another term is not established in the Court decision.

      The Court may establish the term for bringing of decision of Commission to correspondence with Agreement and (or) international treaties within the Union in its decision in recognition of provisions of agreement and (or) international treaties within the Union.

      112. In the existence of reasonable application of the dispute party, the effect of decision of Commission or its separate provisions, recognized by Court as not corresponding to the Agreement and (or) international treaties within the Union may be suspended by the decision of Court from the date of entering into legal force of such Court decision.

      113. Commission shall be obliged to execute the Court decision, entered into legal force, in which the Court is established that contested action (omission) of Commission does not correspond to the Agreement and (or) international treaties within the Union and that the rights and legal interests of business entities, provided by Agreement and (or) international treaties within the Union are violated by such action (omission) of Commission, within the reasonable time, but not exceeding 60 calendar days from the date of entry into force of the decision of the Court, unless another term is not established in the Court decision.

      114. In the case of execution of Court decision, the member state shall have a right to apply to the Superior economic union in order to adopt necessary measures, related with its execution.

      115. In the case of execution of Court decision by Commission, the business entity shall have a right to apply to the Court with application on adoption of measures on its execution.

      The Court shall be applied to the Superior Eurasian economic union for adoption of decision by them on this question on application of business entity during 15 calendar days from the date of its reception.

      116. The acts of the Court shall subject to publication in the official bulletin of the Court and on official website of the Court.

      117. The Court decision may be explained without change of its essence and content only by the Court on the reasonable application of the parties in the case.

CHAPTER VIII. Final provisions

      118. Judges, civil servants, employees of the Court, persons, participating in the case, experts of specialized groups shall not disclose and transfer information, received by them in the process of consideration of the case to the third persons, without written consent of person, provided such information.

      119. Procedure of the use and protection of classified information shall be determined by Regulation.

      120. The Court shall present a report on its activity to the Superior Eurasian economic council.

  ANNEX No.3
  to the Agreement on Eurasian
  economic union

Minute on information and communication technologies and
information interaction within the Eurasian economic union

      1. This Minute is developed in accordance with Article 23 of Agreement on Eurasian economic union (hereinafter – Agreement) for the purposes of determination of fundamental principles of information interaction and coordination of its implementation within the Union, as well as determination of procedure of creation and development of integrated information system.

      2. The concepts used in this Minute shall have the following meanings:

      “paper copy of the electronic document” – a copy of electronic document on paper medium, certified in the manner established by the legislation of the member states;

      “trusted third party” – an organization, vested with the right to carry out an activity on verification of electronic digital signature (electronic signature) in the electronic documents in the fixed time in relation of person, signed the electronic document in accordance with the legislation of the member states;

      “the customer of the national segment of a member state” – the state body of the member state, exercising functions of the customer and organizer of works on creation, development and operation of national segment of the member state, determined in accordance with the legislation of the member state;

      “protection of information” – adoption and implementation of the set of legal, organizational and technical measures on determination, achievement and maintenance of confidentiality, integrity and accessibility of information and processing means for the purposes of exclusion or minimization of unacceptable risks for the subjects of information interaction;

      “integrated information system of the Union” – organizational set of geographically distributed state information resources and information systems of authorized bodies, information resources and information systems of Commission, associated with national segments of the member states and integrated segment of Commission;

      “information system” – a set of information technologies and technical means, ensuring processing of information resources;

      “information and communication technologies” – a set of methods and means of implementation of information technologies and telecommunications processes;

      “information technologies” – processes, search methods, collection, acquisition, systematization, storage, qualification, processing, provision, distribution and removal (destruction) of information, as well as the methods of implementation of such processes and methods;

      “information resource” – an ordered set of documented information (data base, other amounts of information), containing in the information systems;

      “classifier” - classified, structured and codified list of names of objects of classification;

      “national segment of the member state”, “integration segment of Commission” – information systems, ensuring information interaction of information systems of authorized bodies and information systems of Commission within the integrated information system of the Union;

      "regulatory and reference information" - a set of directories and classifiers that are used when carrying out information exchange between the electronic interaction entities;

      “general infrastructure of documentation of information in electronic form” – a set of information and technology, organizational and legal measures, rules and decisions, implemented for the purposes of validation to the electronic documents, used within the Union;

      “general information resource” – information resource of Commission, formed by centralized maintenance or on the basis of information interaction of the member states;

      “general process within the Union” – operations and procedures, regulated (established) by international treaties and acts, constituting the Union law, and the legislation of the member states, which is started in the territory of one of the member states and terminated (changed) in the territory of another member state;

      “reference” – systematized, structural and codified list of information, homogeneous on its content or essence. A variety of directories are collections, lists, indexes, inventories, dictionaries and other alphabetical, systematic, subject-oriented, chronological or other types of listings of information.

      “subjects of electronic interaction” – the state bodies, individuals or legal entities, interacting within relations, arising in the process of preparation, sending, transfer, obtaining, storage and use of electronic documents, as well as information in the electronic form;

      “cross-border space of trust” – a set of legal, organizational and technical conditions, coordinated with the member states for the purposes of ensuring confidence in the inter-state exchange of data and electronic documents between the authorized bodies;

      “unified system of classification and coding of information” – a set of references, classifiers of referenced information, as well as procedure and methodology of their development, maintenance and use;

      “authorized body” – the state body of the member state or organization determined by them and vested with powers on implementation of the state policy in the separate scopes;

      “accounting system” – information system, that contains information from the title documents of subjects of electronic interaction and with the use of which the legally significant electronic documents are prepared or issued;

      “electronic form of interaction” – a method of information interaction, based on application of information and communication technologies;

      “electronic form of document” – information, details, data, presented in the form, suitable for human perception with the use of electronic computers, as well as for transfer and processing with the use of information and communication technologies with compliance with the established requirements to the format and structure;

      “electronic document” – a document in electronic form, certified by electronic digital signature (electronic signature) and meeting the requirement of general infrastructure of documentation of information in the electronic form.

      Footnote. Paragraph 2 as amended by Law of the RK No. 6-VII of 15.02.2021.

      3. On the basis of extending of functional capabilities of integrated information system of foreign and mutual trade shall be conducted the works on creation, ensuring of functioning and development of integrated information system of the Union (hereinafter – integrated system), which provides information support for the following issues:

      1) customs tariff and non-tariff regulation;

      2) customs regulation;

      3) technical regulation, application of sanitary, veterinary and sanitary and quarantine phytosanitary measures;

      4) crediting and distribution of imported customs duties;

      5) crediting and allocation of special, anti-dumping and countervailing duties;

      6) statistics;

      7) competitive policy;

      8) energy policy;

      9) currency policy;

      10) intellectual property;

      11) financial markets (banking, the scope of insurance, currency market, the securities market);

      12) ensuring of activity of bodies of the Union;

      13) macroeconomic policy;

      14) industrial and agro-industrial policy;

      15) circulation of pharmaceuticals and medical products;

      16) other issues within the powers of the Union (including in the field of coverage of integrated system as it develops).

      Footnote. Paragraph 3 as amended by Law of the RK No. 6-VII of 15.02.2021.

      4. The basic tasks of formation of integrated system shall be:

      1) creation and maintenance on the basis of unified system of classification and coding of a single system of referenced information of the Union;

      2) creation of integrated information structure of interstate exchange of data and electronic documents within the Union;

      3) creation of general information resources for the member states;

      4) ensuring of information interaction on the basis of provisions of Agreement for ensuring of formation of general information resources, information ensuring of authorized bodies, carrying out the state control, as well as implementation of general processes within the Union;

      5) providing access to the texts of international treaties and acts, constituting the Union law, and projects of international treaties and acts, constituting the Union law, as well as to the general information resources and information resources of the member states;

      6) creation and ensuring of functioning of general infrastructure of documentation of information in the electronic form.

      5. Within the integrates system shall be formed the general information resources, containing:

      1) the legislation and other regulatory legal acts of the member states, international treaties and acts, constituting the Union law;

      2) referenced information, formed by the centralized maintenance of database or on the basis of information interaction of the member states;

      3) registers, formed on the basis of information interaction of the member states and Commission;

      4) official statistical information;

      5) information and methodical, scientific, technical and other reference and analytical materials of the member states;

      6) other information, included to the composition of general information resources on the development of integrated system.

      6. Upon formation of integrated system, the member states shall proceed from the following principles:

      1) community of interests and mutual benefit;

      2) application of unified methodological approaches to preparation of information for the integrated system on the basis of common data model;

      3) accessibility, reliability and completeness of information;

      4) timeliness of provision information;

      5) correspondence to the level of foreign information technologies;

      6) integration with information systems of the member states;

      7) ensuring of equal access of the member states to the information resources, contained in the integrated system;

      8) use of provided information only for the purposes without prejudice to the member state, provided it;

      9) openness of integrated system for all categories of users in recognition of observation of requirements on the use of information in accordance with the stated purposes;

      10) implementation of information exchange between the authorized bodies, authorized bodies and Commission with the use of integrated system on a grant basis.

      7. Composition and content of references and classifiers, including in the composition of referenced information in accordance with Agreement and international treaties within the Union shall be determined by Commission in coordination with the authorized bodies.

      8. Upon formation of integrated system, the member states shall be governed by the international standards and recommendations.

      9. The electronic form of interaction between the authorized bodies, authorized bodies and Commission, as well as between Commission and integrated associations, international organizations shall be ensured for the purposes of formation of general information resources, ensuring of implementation of general processes within the Union and effective implementation of various types of the state control with the use of means of integrated system. The list of general processes within the Union, technology of implementation of general processes within the Union, procedure and regulation of direction and reception of messages (requests) in the process of interaction, requirements to the electronic type of documents (electronic documents) shall be determined by Commission in the manner established by Agreement.

      10. The list of information, presented in the process of interaction in the electronic form shall be determined by Agreement or international treaties within the Union.

      11. Commission shall have a right to determine the single, unified within the Union requirements to the electronic type of documents (electronic documents) for the specified types of interaction, to the procedure of direction and reception of messages (requests) in the process of interaction or recommend them for application for the purposes of creation of equal conditions for business entities and individuals by presentation of details to the authorized bodies, coordinated development of electronic forms of interaction between the authorized bodies, business entities and individuals.

      12. Upon electronic form of interaction with the use of electronic documents, as well as upon their processing in the information systems shall be complied with the following principles:

      1) if in accordance with the legislation of a member state requires that the document is formed in hard copy, the electronic document formed according to the rules and requirements of the documentation approved by the Council of Commission considered as corresponding to these rules and requirements;

      2) electronic document, formed according to the rules and requirements of documentation, approved by the Council of Commission shall be recognized as equal on a legal force to the same document in hard copy, certified by signature or signature and seal;

      3) a document cannot be invalidated on the sole ground that it is an electronic document;

      4) upon extracting of details from the electronic documents, as well as upon interchange of formats and structures for the purposes of their processing in the information systems shall be ensured their identity, to the same details, specified in the electronic document;

      5) in the cases provided by international treaties and acts, constituting the Union law, or the legislation of the member states with the use of accounting system may be ensured formation of paper copies of electronic documents.

      Footnote. Paragraph 12 as amended by Law of the RK No. 6-VII of 15.02.2021.

      13. Development of cross-border space of trust shall be carried out by Commission and the member states in accordance with strategy and concept of the use upon interstate information interaction of legally operative electronic documents and services.

      14. General infrastructure of documentation of information in electronic form shall consist of the state components and integration component.

      15. The operator of integration component of general infrastructure of documentation of information in electronic form shall be the Commission.

      16. The operator of the state components of general infrastructure of documentation of information in electronic form shall be the authorized bodies or organizations, determined by them in accordance with the legislation of the member state.

      17. Integration component of general infrastructure of documentation of information in the electronic form shall represent a set of elements of cross-border space of trust, providing implementation of cross-border electronic document management on the basis of coordinated standards and infrastructure decisions.

      18. Requirements to creation, development and functioning of cross-border space of trust shall be developed by Commission in interaction with the authorized bodies and approved by Commission. Verification of components of general infrastructure of documentation of information in the electronic form on compliance with the specified requirements shall be carried out by commission, formed from the representatives of the member states and Commission. Provision on commission, including procedure of its formation and carrying out of activity shall be determined by the Council of Commission.

      19. Information exchange of electronic documents between the subjects of electronic interaction, using different mechanisms of protection of electronic documents shall be ensured with the use of services, provided by operators of general infrastructure of documentation of information in the electronic form, as well as services of a trusted third party.

      20. Services of trusted third party shall be provided by the member states and Commission. The operators of services of trusted third party of the member states shall be the authorized bodies or organizations determined (accredited) by them. The operator of services of trusted third party of Commission shall be Commission. The member states shall ensure the right of subjects of electronic interaction to use the services of trusted third party.

      21. The basic tasks of trusted third party shall be:

      1) implementation of legalization (authentication) of electronic documents and electronic digital signatures (electronic signatures) of subjects of information interaction at the fixed time;

      2) ensuring of guarantees of trust in the international (cross-border) exchange of electronic documents;

      3) ensuring the legality of application of electronic digital signatures (electronic signatures) in outgoing and (or) incoming electronic documents in accordance with the legislation of the member states and acts of Commission.

      22. Procedure of maintenance and use of information resources within the accounting system shall be determined by the legislation of the member states.

      23. The basic tasks of Commission in a part of ensuring of electronic form of interaction with the use of electronic documents shall be:

      1) ensuring the mutually acceptable level of protection of information in the integration segment of Commission for the member states;

      2) development of decisions for ensuring of protection of information in the accounting systems and general infrastructure of documentation of information in the electronic form, including the means of access of subjects of information interaction;

      3) determination of composition of components of general infrastructure of documentation of information in the electronic form on the basis of interstate standards of the member states, international standards and recommendations;

      4) coordination of development and testing of standard information and technological decisions and hardware-software complexes within the general infrastructure of documentation of information in the electronic form;

      5) coordination of development of rules of documentation of information in the electronic form, regulations of the work of separate components and services of general infrastructure of documentation of information in the electronic form, as well as recommendations on their application for the subjects of electronic interaction;

      6) preparation of recommendation for harmonization of the legislation of the member states upon the use of electronic documents in the process of information interaction within the Union, as well as for unification of the interfaces of information interaction between the accounting systems;

      7) coordination of interaction of the member states with third parties on the separate issues of formation of cross-border space of trust.

      24. The member states shall ensure protection of information, containing in the information resources, information systems, information and telecommunication networks of the authorized bodies in accordance with requirements of the legislation of the member states.

      25. Information exchange, referred by the legislation of the member states to the state secret (state secrets) or details of limited distribution (access) shall be carried out with observation of requirements of the legislation of the member states on their protection.

      26. Procedure of information exchange, containing details, relating in accordance with the legislation of the member states to the state secret (state secrets) or details of limited distribution (access) shall be established by the international treaties within the Union.

      27. Creation of integration system shall be coordinated by Commission which ensures its functioning and development in interaction with the customers of national segments of the member states in recognition of strategy of development of integration system, developed by Commission and approved by the Council of Commission. The works on creation, ensuring of functioning and development of integration system shall be carried out on the basis of plans (with specification of terms and cost of works on creation, ensuring of functioning and development of integration segment of Commission), developed by Commission in interaction with the authorized bodies and approved by the Council of Commission.

      28. Commission shall exercise the rights and execute the obligations of owner in relation of such components of integration system as integration segment of Commission, information resources and information systems of commission, as well as organize their planning, development, implementation, and receiving the results of works and further maintenance.

      29. Commission shall carry out the orders (purchases) of goods (works, services), assessment of competitive proposals, submitted upon carrying out of orders (purchases) of goods (works, services) and acquisition of property rights in relation of components of integration system, specified in paragraph 28 of this Minute.

      30. For the purposes of ensuring of unification of applied organizational and technical decisions upon creation, development and functioning of segments of integration system, support of appropriate level of protection of information of Commission shall coordinate development of projects of technical, technological, methodological and organizational documents and approve them.

      31. The member state shall determine the customer of national segment of the member state which exercises the rights and executes obligations on its creation, ensuring of functioning and development.

      The procedure for the interaction of the contracting authority of the national segment of a Member State with the competent authorities shall be laid down in the legislation of that Member State.

      Footnote. Paragraph 31 as amended by Law of the RK No. 6-VII of 15.02.2021

      32. The member states shall have equal rights of the use of integration system.

      33. Financing of the works on creation, development and ensuring of functioning of components of integration system, specified in paragraph 28 of this Minute shall be carried out at the expense of budget of the Union, upon that in relation of works on their creation and development – based on the volumes, necessary for implementation of plans, specified in paragraph 27 of this Minute.

      34. Financing of works on creation, development and ensuring of functioning of the state information resources and information systems of the authorized bodies, as well as national segments of the member states shall be carried out at the expense of budget of the member states, provided for ensuring of activity of the authorized bodies.

  ANNEX No.4
  to the Agreement
  on Eurasian economic union

MINUTE
on procedure of formation and distribution of official
statistical information of the Eurasian economic union

      1. This Minute is developed in accordance with Article 24 of agreement on Eurasian economic union for the purposes of determination of procedure of formation and distribution of official statistical information Union.

      2. The concepts used in this Minute shall have the following meanings:

      “official statistical information of the member states” – statistical information, formed by the authorized bodies within the national programs of statistical works and (or) in accordance with the legislation of the member states;

      “official statistical information of the Union” – statistical information, formed by Commission on the basis of official statistical information of the member states, official statistical information of international organizations and other information from resources, not prohibited by the legislation of the member states;

      “authorized bodies” – the state bodies of the member states, including national (central) banks, on which the functions of formation of official statistical information of the member states are imposed.

      3. The authorized bodies shall carry out maintenance of statistics of mutual trade in goods with other member states for the purposes of provision of the member states and Commission with official statistical information on goods, transferred between the member states in the mutual trade.

      4. Maintenance of statistics of mutual trade in goods shall be carried out by the authorized bodies in accordance with methodology, approved by Commission.

      5. The authorized bodies shall provide the official statistical information of the member states to the Commission according to the list of statistical indicators.

      6. The list of statistical indicators, terms and formats of provision of official statistical information of the member states shall be approved by Commission in coordination with the authorized bodies.

      7. Commission shall have a right to request other official statistical information of the member states, not included to the list of statistical indicators, from the authorized bodies.

      8. Authorized bodies shall take measures on ensuring of completeness, reliability and timeliness of provision of official statistical information of the member states to the Commission, and inform the Commission on impossibility of provision of official statistical information in the established terms.

      9. Provisions of this Minute shall not be distributed on the official statistical information of the member states, referred to the state secret (state secrets) or details of limited distribution (access) in accordance with the legislation of the member states.

      10. Commission shall carry out collection, acquisition, systematization, analysis and distribution of official statistical information of the Union, provision of specified information at the requests of the authorized bodies, as well as coordination of information and methodological interaction of the authorized bodies in the scope of statistics within this Minute.

      11. Commission shall develop and approve the methodology of formation of official statistical information of the Union, made on the basis of official statistical information of the member states, provided to the Commission.

      12. Commission shall take measures, directed to ensuring of comparability of official statistical information of the member states, by adoption of relevant recommendations on application of unified standards, comparable on the international level by the authorized bodies, including classification and methodology.

      13. Distribution of official statistical information of the Union shall be carried out by Commission in accordance with the program of statistical works, approved by Commission, by publication in the official editions of commission and posting on the official website of the Union and Internet.

      14. Commission jointly with the authorized bodies shall develop and approve the programs of development of integration in the scope of statistics.

  ANNEX No.5
  to the Agreement
  on Eurasian economic union

MINUTE
on procedure of crediting and distribution of amounts of
imported customs duties (other duties, taxes and charges
having equivalent action), transferring to the budget
of the member states.

      Footnote. In the text of the Minute the word "payer" in the appropriate number and case is excluded by Law of the Republic of Kazakhstan No. 50-VII of 14.06.2021.

I. General provisions

      1. This Minute is developed in accordance with Article 26 of Agreement on Eurasian economic union and shall determine procedure of crediting and distribution of amounts of imported customs duties between the member states, the obligation on payment of which in relation of goods, imported to the customs territory of the Union is arisen from the September 1, 2010.

      This Minute shall be also applied in relation of amounts of fines (percent), charged on the amounts of imported customs duties in the cases and procedure, provided in accordance with the international treaties and acts, constituting the Union law, regulating the customs legal relation.

      2. The concepts used in this Minute shall have the following meanings:

      “unified account of the authorized body” – an account opened to the authorized body in the national (central) bank or in the authorized body, having the correspondent account in the national (central) bank, for crediting and distribution of revenues between the budgets of this member state;

      “reporting day” – business day of the member state, in which the crediting of amounts of imported customs duties to the unified account of the authorized body is carried out;

      “late charges” – an amount subjected to transferring by the member state to other member states for violation of provisions of this Minute, which caused nonfulfillment, incomplete and (or) untimely execution of obligations of the member state on transferring of amounts from distribution of imported customs duties;

      “foreign currency account” – an account, opened to the authorized body of one member state in the national (central) bank in the currency of another member state for crediting by this other member state of revenues from distribution of imported customs duties;

      “present day” – the following day after reporting business day of the member state, in which the operation on distribution of amounts of imported customs duties for the reporting day is carried out;

      “authorized body” – the state body of the member state, carrying out cash servicing of the budget implementation of this member state.

      Other concepts used in this Minute shall be applied in the meanings, determined by Agreement on Eurasian economic union and Customs Code of Eurasian economic union.

II. Procedure of crediting and distribution of amounts of
imported customs duties between the member state

      3. The amounts of imported customs duties shall subject to crediting in the national currency on the unified account of the authorized body of the member state, in which they are payable in accordance with international treaties and acts, constituting the Union law, regulating the customs legal relations, as well as upon collection of imported customs duties.

      Imported customs duties shall be paid by on the unified account of the authorized body by separate calculated (payment) documents (instructions).

      Advance payments, export customs duties, taxes and levies, as well as other payments (except for special, anti-dumping and countervailing duties), paid in compliance with the legislation of the Member State and received in the unified account of the authorised body may be offset against import customs duties.

      Amounts of money credited to a single account of the authorized body as an import customs duty, but not identified by amounts of import customs duties in respect of specific goods, shall for the purposes of this Minute be treated as import customs duties.

      Where advance payments against import customs duties are offset against import customs duties based on an order of the person who made the advance payments in respect of goods placed under the customs procedure, the offset of such payments against the single account of the authorised body shall be made in obedience to the legislation of the Member State in which the import customs duties are payable, not later than 5 working days from the day following the day the customs body of the Member State releases the goods, if the release of goods was performed prior to the submission of the goods declaration - no later than 5 working days from the day following the day the customs authority of the Member State sent the declarant an electronic document or putting the appropriate marks on the goods declaration, filed on paper, and (or) commercial, transport (shipping) documents containing information on the release of goods before the submission of the goods declaration.

      In compliance with the Regulation on the crediting and allocation of special, anti-dumping and countervailing duties (Appendix to Annex No. 8 to the Treaty on the Eurasian Economic Union), amounts of special, anti-dumping and countervailing duties to be refunded in obedience to the Customs Code of the Eurasian Economic Union may be credited against import customs duty arrears.

      Refunds (offset) of import customs duties shall be made in conformity with the Customs Code of the Eurasian Economic Union, considering the provisions of this Minute.

      Amounts of import customs duties to be refunded in conformity with the Customs Code of the Eurasian Economic Union cannot be offset against other payments, except for offsetting against arrears of customs payments, special, anti-dumping and countervailing duties, as well as penalties (interest) (hereinafter - offsetting against arrears).

      Footnote. Paragraph 3 as amended by Law of the RK No. 6-VII of 15.02.2021; No. 50-VII of 14.06.2021.

      4. Collection may not be recovered on the monetary assets, being in the unified account of the authorized body in the procedure of execution of judicial acts or by any other means, except for the cases of debt service payment of on payment of customs payments, special, antidumping and compensatory duties as well as fines (percent).

      5. Authorized bodies of the member states shall separately consider the following receipts:

      the amounts of revenues (returns, credit in the account of debt service payment) of imported customs duties on the unified account of the authorized body;

      the amounts of distributed imported customs duties, transferred on the foreign currency accounts of other member states;

      the amounts of incomes credited to the budget of the member states from distribution of amounts of imported customs duties by this member state;

      the amounts of imported customs duties, received to the budget of the member state from other member states;

      late charges, received to the budget of the member state, established by this Minute;

      the amounts of distributed imported customs duties, transfer of which on the foreign currency accounts of other member states is suspended.

      The specified amounts of receipts are separately recorded in the accounting on execution of budget of each of the member states.

      6. The amounts of imported customs duties, received on the unified account of the authorized body of the member state for the last business day of calendar year shall be recorded in the report on execution of budget of this member state for the reporting year.

      The amounts of distributed imported customs duties for the last business day of calendar year of the member state shall be transferred in the budget of this member state and on the foreign currency account of other member states no later than the second business day of current year of the member state, as well as recorded in the report on execution of budget for the reporting year.

      The amounts of incomes from distribution of imported customs duties, received in the budget of the member state from the authorized bodies of other member states for the last business day of calendar year of other member states shall be recorded in the report on execution of budget for the current year.

      7. Return of amounts of imported customs duties to, their credit to the account of debt service payment shall be carried out from the unified account of authorized body in the current day within the amounts of imported customs duties, received to the unified account of authorized body, as well as credited to the account of payment of imported customs duties in the reporting day, in recognition of amounts of return of imported customs duties, not received by the national (central) bank to execution in the reporting day.

      Return of amounts of imported customs duties to, their credit to the account of debt service payment shall be carried out from the unified account of authorized body of the Republic of Kazakhstan in the reporting day within the amounts of imported customs duties, received (counted) to the unified account of this authorized body in a day of carrying out of return (credit).

      8. Determination of amounts of imported customs duties, subjected to return and (or) credit to the account of debt service payment in the current day shall be carried out before distribution of amounts of received imported customs duties between the member states.

      9. In case of insufficiency of funds for carrying out of return of imported customs duties and (or) credit to the account of debt service payment in accordance with paragraph 7 of this Minute, the specified return (credit) shall be carried out by the member states in the following business days.

      Fines (percent) for the late return of amounts of imported customs duties to shall be paid to from the budget of this member state and shall not be included to the composition of imported customs duties.

      10. Distribution of amounts of imported customs duties by the authorized body of the member state between the member states shall be carried out on the following business day of the member state after reporting day, in which the amounts of imported customs duties are counted to the unified account of the authorized body.

      Distribution of amounts of imported customs duties of the authorized body of the Republic of Kazakhstan between the member states shall be carried out in the reporting day of credit of the amounts of imported customs duties to the unified account of the authorized body.

      11. Calculation of amounts of imported customs duties, subjected to transfer from the unified account of the authorized body of the member state to the budget of this member state, as well as to the foreign currency accounts of other member states shall be carried out by multiplying of general amount of imported customs duties, subjected to distribution between the member states for the standards of distribution, establishing in the percent.

      Upon that the general amount of imported customs duties, subjected to distribution between the member states shall be determined by subtraction from the amounts of imported customs duties, received (executed by the credit by the authorized body) in the reporting day in recognition of not received by the national (central) bank for execution of calculated (payment) documents (instructions) for the transfer of amounts of return of imported customs duties in the reporting day, the amounts of imported customs duties, subjected to return to and credit to the account of debt service payment in the current day.

      In the case if the calculated (payment) document (instruction) for return of the amount of imported customs duty, subjected to execution in the current day to is not received by the national (central) bank to execution, this amount shall subject to distribution between the member states in the following business day of the member state.

      Upon that the amount of imported customs duties, not transferred to the foreign currency accounts of other member states in accordance with this paragraph shall be recognized as overdue for one day.

      12. The standards for the apportionment of import duties for each Member State shall be as follows:

      the Republic of Armenia – 1.220 per cent;

      the Republic of Belarus - 4.860 per cent;

      the Republic of Kazakhstan - 6.955 per cent;

      the Kyrgyz Republic - 1.900 per cent;

      the Russian Federation - 85.065 per cent.

      Footnote. Paragraph 12 as amended by Law of the RK No. 369-VI of 26.10.2020.

      13. Transfer of amounts of imported customs duties to the member states shall be carried out by the authorized bodies of the member states to the foreign currency accounts of other member states on the next business day of the member state following of the day of crediting to the unified account of the authorized body.

      Calculated (payment) document (instruction) for transfer of amounts of imported customs duties to the member states shall be directed by the authorized body in the national (central) bank for further transfer to the foreign currency accounts of other member states on a daily basis not later than 14 hours on a local time. The date for which the distribution of imported customs duties is carried out and the amounts subjected to distribution between the member states in the national currency shall be specified in the determined calculated (payment) document (instruction).

      In the case if the specified calculated (payment) document (instruction) is directed to the national (central) bank of the member state in the current day not later than 14 hours on a local time, the relevant payment shall be recognized as overdue for one day.

      14. Procedure of transfer of amounts of imported customs duties, received to the foreign currency accounts from the authorized bodies of the member states to the income of budget of the member state shall be regulated by section III of this Minute.

      15. Accounting of amounts of imported customs duties distributed and transferred to the budgets of the member states shall be carried out by the authorized bodies of the member states.

      16. An authorized body of the member state shall inform the authorized bodies of other member states on nonbusiness days established in accordance with the legislation of this member state not later than 10 calendar days before the start of the next calendar year.

      In the case of change of nonbusiness days, the authorized body of the member state, in which such changes occur shall inform the authorized bodies of other member states on specified changes not later than 2 calendar days before their entering into legal force.

      17. In the case of change of requisites of foreign currency account, on which the transfer of the amount of imported customs duties is subjected, the authorized body of the member state shall bring refined requisites of the account to the authorized bodies of other member states not later than 10 calendar days before the day of entering of specified changes into legal force.

      In the case of change of other details, necessary for implementation of this Minute, the authorized body shall bring information on such changes to the authorized bodies of other member states not later than 3 calendar days before the day of entering of specified changes into legal force.

      18. In the case of absence of amounts of imported customs duties, subjected to distribution between the member states, the authorized body of the member state shall direct the relevant information to the authorized bodies of other member states in the electronic form with the use of integrated information system of the Union, and before implementation of the specified system – on electronic communication channels in the form of graphic electronic copy of document, containing this information in the term, established by this Minute for direction of calculated (payment) document (instruction) to the national (central) bank for transfer of funds to the foreign currency accounts of other member states.

      19. Central customs bodies of the member states shall ensure application of unified principles of maintenance of record of imported customs duties on the method of charge in accordance with rules, approved by Commission.

      20. Upon non-transfer or incomplete transfer of funds to the foreign currency account of any member state in the terms established by this section and non-reception of information from the authorized body of this member state on absence of amounts of imported customs duties subjected to distribution, the authorized body of the member state, which has not received the funds to the foreign currency account shall inform the authorized bodies of the member states and Commission on non-transfer or incomplete transfer of funds.

      21. The member state, not transferred the amounts of distributed imported customs duties to other member states shall pay the percent for delay to these other member states on the entire amount of resulting debts on the rate in the amount of 0, 1 percent for each calendar day of delay, including the day, in which the amount from distribution of imported customs duties was not transferred to other (other) member state (member states).

      22. In the case of direction of information on absence of amounts of imported customs duties, subjected to distribution, by the member states, in the conditions of actual existence of specified amounts, as well as upon incomplete transfer of funds from the unified account of the authorized body to the foreign currency accounts of other member states, the member state committed such violation shall be obliged to transfer the amounts from distribution of imported customs duties, subjected to crediting to the budgets of other member states to other member states not later than the following business day of the member states in accordance with this section, based on the amount, which was not transferred to the foreign currency accounts of other member states.

      Upon that the member state committed such violation shall pay the percent for delay in the amount, established by paragraph 21 of this Minute for each calendar day of delay, which recognizes the period of time from the date, in which the violation is committed, not including the day, in which the transfer of funds to the member states is carried out in accordance with this paragraph.

      23. Upon non-reception (incomplete reception) of funds from any member state and absence of notification of the authorized body of this member state on the absence of amounts of imported customs duties, subjected to distribution between the member states, the authorized body of the member state, the funds of which is not received to the foreign currency account shall have a right to suspend the transfer of amounts of imported customs duties from their unified account to the foreign currency account of first member state on the third business day of the member state after the date of such non-reception (incomplete reception).

      24. In the case of adoption of decision by the member state on suspension of transfer of amounts of imported customs duties, the funds subjected to transfer to the foreign currency account of other member state shall subject to crediting to the income of budget of first member state before the revocation of decision on suspension of transfer and shall be separately considered in the budget of this member state.

      Authorized body of the member state, suspended the transfer of amounts of imported customs duties to the foreign currency account of other member state shall immediately inform the authorized bodies of other member states and Commission on adopted decision.

      25. Commission shall conduct consultations with executive bodies of the member states not later than a business day, following of the day of adoption of decision on suspension of transfer of amounts of imported customs duties for the purposes of early renewal of functioning of mechanism of distribution of amounts of imported customs duties in the full amount.

      26. In the case if decision on renewal of functioning of mechanism of distribution of amounts of imported customs duties is not adopted by the results of consultations, specified in paragraph 25 of this Minute, this issue shall be presented for consideration of Commission.

      In the case of impossibility of adoption of decision by Commission on renewal of functioning of mechanism of distribution of amounts of imported customs duties, this issue shall be presented for consideration of Intergovernmental council.

      27. Upon renewal of transfer of amounts of imported customs duties, the amounts specified in paragraph 24 of this Minute shall subject to transfer to the foreign currency account of those member states, to which they are intended in accordance with this Minute, not later than business day of the member state, following of the day of reception of notification on adopted decision, upon that the percent for delay is not charged for the specified amount.

      28. The amounts of distributed imported customs duties, not transferred by any member state to the foreign currency accounts of other member states, as well as the amounts of obligations on transfer of funds in USA dollars, provided by section III of this Minute, not executed by the national (central) banks of the member states shall be referred to the state debt.

III. Procedure of transfer of amounts of imported customs
duties, received from the authorized bodies of the
member states on the foreign currency accounts,
to the income of budget of the member state

      29. National (central) bank of one (first) member state shall be obliged to sell the funds in USA dollars for the amount of national currency of first member state equal to the amount of national currency of first member state, transferred in accordance with this Minute, to the national (central) bank of another (second) member state to the foreign currency account of the authorized body of second member state. Sold amount of USA dollars shall be determined on official exchange rate of national currency of first member state to the USA dollars, established by the national (central) bank of first member state on the business day, following of the day of transfer of funds in the national currency of first member state to the foreign currency account of second member state.

      The obligation to sell funds in the USA dollars shall be executed by the national (central) bank of first member state not later than the following business day after the date of transfer of equivalent amount of national currency of first member state to the foreign currency account of second member state.

      Upon that the obligation to sell the funds in the USA dollars shall be executed by the national (central) bank of each member state regardless of implementation of similar rights and execution of obligations in relation between other member states.

      National (central) banks of two member states may establish in the separate agreement, that execution of cross obligations on transfer of funds in the USA dollars, as well as obligations, not executed in the term established in the second item of this paragraph, and obligation on payment of fines in accordance with paragraph 31 of this Minute shall be carried out by transfer the funds in the USA dollars by the national (central) bank, the value of obligation in the USA dollars of which exceeds the value of cross obligation in the USA dollars of another national (central) bank, to another national (central) bank in the amount equal to the difference between the values of specified cross obligations.

      Satisfaction of requirements on monetary obligations in the USA dollars, specified in this paragraph shall be carried out in the following order:

      firstly the requirements on payment of fines in accordance with paragraph 31 of this Minute are satisfied;

      on a second-priority basis the requirements on obligation, the term of execution of which is occurred and which are not overdue are satisfied;

      on a third-priority basis the requirements on obligations, not executed in the term, established in the second item of this paragraph are satisfied.

      On the obligation of national (central) bank of first member state, specified in this paragraph, to sell the funds in the USA dollars to the national (central) bank of second member state, the first member state shall bear responsibility solidary with national (central) bank of first member state before second member state.

      30. For the purposes of conducting of further mutual exchanges between the first member state and second member state in the case of non-performance or improper performance of obligation of national (central) bank of first member state specified in paragraph 29 of this Minute, to sell the funds in the USA dollars to the national (central) bank of second member state, the requirements to the national (central) bank of first member state shall be fixed in the USA dollars on official exchange rate, established by the national (central) bank of first member state on the business day, following of the day of transfer of funds in the national currency of first member state to the foreign currency account of the member state.

      31. For non-performance or improper performance of obligation of national (central) bank of first member state, specified in paragraph 29 of this Minute, to sell the funds in the USA dollars to the national (central) bank of second member state, the national (central) bank of first member state or first member state shall pay the fines, the amount of which is calculated on the following formula:

      LIBORUSD,o/n + 2%
A penny= The amount USD X ---------------------- X Days,
360

      where:

      The amount USD – the amount ( in the USA dollars), subjected to transfer by the national (central) bank of first member state to the national (central) bank of second member state;

      LIBORUSD,o/n – established British Bankers Association, BBA for the day, in which non-performance or improper performance of obligation is begun, daily rate LIBOR for the USA dollars (per cent per annum);

      Days – the amount of calendar days, calculated from the date of non-performance or improper performance of obligation (inclusively) until the date of proper performance of obligation (excluding the date of proper performance of obligation).

      32. In the case of non-performance or improper performance of obligation, specified in paragraph 29 of this Minute by the first member state, the national (central) bank of second member state, in relation of which non-performance or improper performance of obligation is occurred shall have a right to transfer the requirement on non-performance or improper performance of obligation, including requirement on payment of fines in accordance with paragraph 31 of this Minute to the second member state on a remuneration basis without the consent and preliminary notification of first member state and national (central) bank of first member state.

      33. National (central) bank of the member state shall not bear responsibility before the government or authorized body of the member state for non-performance of improper performance of obligations by other member state, as well as for non-performance or improper performance of obligation by the national (central) bank of another member state.

      34. Charges and losses, arising at the national (central) bank of first member state in connection with implementation of calculations by them, provided by this section, as well as charges and losses, arising due to the change of foreign exchange rates, non-performance or improper performance of obligations by other member states and national (central) banks of other member states shall not subject to compensation by other member states. Conditions and procedure of compensation of specified charges and losses to the national (central) bank of first member state shall be established by the first member state.

      35. For the purposes of this section the business day, in which the calculations between two member states (as well as calculations between the national (central) banks of two member states) is carried out shall be the day, which is also a business day for these two member states and for the United States of America.

      36. To the correspondent account of national (central) bank of one (first) member state, opened in the national (central) bank of another (second) member state for implementation of calculations in accordance with this Minute, as well as to the funds, being in the this correspondent account, the judicial and other authorities of second member state may not apply arrest, blocking, other secured, prohibitive or restrictive measures, that making impossible to use the funds in this correspondent account.

      37. Debiting of funds being in the correspondent account of national (central) bank of one (first) member state, opened in the national (central) bank of another (second) member state for implementation of calculations in accordance with this Minute, state shall not be allowed without the consent of national (central) bank of first member, unless otherwise established by conditions of agreement of correspondent account.

      38. If the obligation, specified in paragraph 29 of this Minute, to sell the funds in the USA dollars is not completely or partially performed by the national (central) bank of first member state during 30 calendar days, the national (central) bank of second member state shall have a right to use the funds in the national currency of first member state, being in the correspondent account of national (central) bank of second member state, opened in the national (central) bank of first member state, intended for implementation of calculations in accordance with this Minute without restrictions until the full performance of specified obligation by the national (central) bank of first member state.

      39. National (central) bank of one (first) member state shall implement the rights and execute obligations, provided by agreements, concluded by it with national (central) bank of another (second) member state on a grant basis in execution of this Minute and in accordance with it.

IV. Procedure of information exchange between the
authorized bodies of the member states.

      40. The authorised body of a Member State shall send to the authorised bodies of other Member States the following information for the reporting day, no later than 4 PM local time daily (for the Republic of Armenia - Yerevan time, for the Republic of Belarus - Minsk time, for the Republic of Kazakhstan - Nur-Sultan time, for the Kyrgyz Republic - Bishkek time, for the Russian Federation - Moscow time):

      1) the amount of imported customs duties, credited to the unified account of the authorized body of the member state;

      2) the amount of advance payments against import customs duties performed by the authorised body on the reporting day;

      2.1) the amounts of offsets of export customs duties, taxes and levies and other payments against import customs duties fulfilled by the authorised body on the reporting day;

      3) the amounts of imported customs duties, counted in the reporting day to the account of debt service payment and separately the amounts of imported customs duties, counted in the current day in the account of debt service payment;

      4) the amounts of imported customs duties, returned in the reporting day, and separately the amounts of imported customs duties, subjected to return in the current day;

      5) the amounts of return of imported customs duties, not accepted by the national (central) bank for execution in the reporting day;

      6) the amounts of imported customs duties, subjected to distribution between the member states;

      7) the amounts of distributed imported customs duties, transferred to the foreign currency accounts of other member states;

      8) the amount of receipts of incomes from distribution of imported customs duties, transferred from the unified account of the authorized body of this member state in the budget of the member state;

      9) the amounts of receipts of incomes from distribution of imported customs duties, received to the foreign currency accounts of the authorized body to the budget of the member state;

      10) the amounts of distributed imported customs duties, the transfer of which to the foreign currency accounts of other member states is suspended;

      11) the amount of percent for the delay, received to the member state from other member states upon violation of performance of requirements, provided by this Minute.

      Footnote. Paragraph 40 as amended by the Law of the Republic of Kazakhstan dated 24.12.2014 №. 265-V; № 346-V as of 02.08.2015; No. 369-VI of 26.10.2020; No. 6-VII of 15.02.2021; No. 50-VII of 14.06.2021.

      41. Every month, on the fifth working day of the month following the reporting month, the authorised body shall forward to the Commission the information specified in paragraph 40 of this Minute, cumulatively from the beginning of the calendar year.

      Footnote. Paragraph 41 as reworded by Law of the RK No. 6-VII dated 15.02.2021.

      411. The information referred to in paragraphs 40 and 41 of this Minute shall be communicated electronically using the Union's integrated information system.

      Footnote. The Minute as supplemented by paragraph 411 in obedience to Law of the RK No. 6-VII of 15.02.2021.

      42. The form of provision of information, provided by paragraphs 40 and 41 of this Minute shall be considered by the authorized bodies and approved by Commission.

      43. The designated authorities of the Member States shall perform an operational reconciliation of data received in compliance with paragraph 40 of this Minute.

      If discrepancies are found, a Minute shall be drawn up and action shall be taken by the Member States to resolve the discrepancies.

      Footnote. Paragraph 43 as amended by Law of the RK No. 6-VII of 15.02.2021.

      44. Information directed to the authorized bodies of one member state to the authorized bodies of other member states and to the Commission shall be signed by the head of this authorized body or person authorized by him (her) in accordance with paragraphs 40 and 41 of this Minute.

V. Procedure of information exchange, related with payment
of imported customs duties

      45. Central customs bodies of the member states shall present information, related with payment of imported customs duties, not referring to the details, constituting the state secret (state secrets) to each other, as well as to the Commission in the electronic form on a regular basis.

      46. Information relating to the payment of import duties shall be drawn from the following sources:

      1) data contained in information resources of customs authorities of the Member States from declarations of goods (including in case of using transport (shipping), commercial and (or) other documents as declaration of goods), calculation of customs duties, taxes, special, anti-dumping, countervailing duties and statement on performance of operations, which in compliance with the Customs Code of the Eurasian Economic Union, may not be performed outside the customs territory of the Union in relation to temporarily exported vehicles of international transport, including information that amends the information in such customs documents;

      2) information from personal accounts, registers and documents containing data on import customs duties actually paid and transferred to the budgets of the Member States in conformity with the unified principles of recording import customs duties on an accrual basis in accordance with the rules approved by the Commission, contained in information resources of customs authorities of the Member States.

      Footnote. Paragraph 46 – as reworded by Law of the RK No. 50-VII dated 14.06.2021.

      47. Information relating to the payment of import duties shall not include information on the payment of customs duties and taxes by natural persons in respect of goods for personal use.

      Footnote. Paragraph 47 – as reworded by Law of the RK No. 50-VII of 14.06.2021.

      48. Information related with payment of imported customs duties (unit of measurement – the USA dollars, the average monthly exchange rate of the USA dollars to the national currency of national (central) bank of the member state for the reporting month is applied for recalculation of amounts in the national currency to the USA dollars) shall be presented on a grant basis in Russian language (the use of Latin alphabet is allowed on the separate positions) and include the following details for the reporting period:

      1) the amount of carry-overs of imported customs duties at the beginning and end of the reporting period;

      2) documentary recorded amounts of imported customs duties in the formalized customs documents on their payment (collection);

      3) the amounts of imported customs duties, credited to the account of debt service payment;

      4) refunds of import duties;

      5) the amounts of provided deferrals and instalments of payment of imported customs duties;

      5.1) advance payments credited against import duties;

      5.2) export customs duties, taxes and levies and other charges offset against import customs duties;

      6) other details, related with payment of imported customs duties.

      Footnote. Paragraph 48 as amended by Law of the RK No. 50-VII of 14.06.2021.

      49. Technological regulations for the exchange of information related to the payment of import customs duties shall be developed and approved by the Commission.

      The said technological regulations shall determine the composition, structure and format of the information referred to in paragraph 48 of this Minute, the manner, timing and modalities of its exchange.

      Footnote. Paragraph 49 as amended by Law of the RK No. 50-VII of 14.06.2021.

      50. Information exchange in the electronic form between the central customs bodies of the member states, as well as its presentation to the Commission shall be carried out after ensuring of technical readiness of these customs bodies and Commission, on that they notify each other. After introduction of integrated information system of the Union into effect, the information exchange between the central customs bodies of the member states and presentation it to the Commission shall be carried out in the electronic form with the use of specified system.

      51. Prior to the date of application of the technological regulations for the exchange of information relating to the payment of import customs duties, the central customs authorities of the Member States shall provide to each other and to the Commission the information referred to in paragraph 48 of this Minute in the form approved by the Commission no later than the last day of the month following the reporting month.

      Footnote. Paragraph 51 as amended by Law of RK No. 50-VII of 14.06.2021.

      52. Central customs bodies of the member states, as well as Commission shall take the necessary measures on protection from illegal distribution of information, received in accordance with this section.

      The central customs bodies of the member states shall provide the limited number of persons, having an access to the specified information, as well as its protection in accordance with the legislation of the member states.

      Commission shall use information, received in accordance with this section for the purposes of implementation of paragraph 54 of this Minute.

VI. Monitoring and control

      53. The supreme audit institutions of the Member States shall verify annually the compliance of the competent authorities of the Member States with the provisions of this Minute within the framework of joint control activities.

      Footnote. Paragraph 53 as reworded by Law of the RK No. 369-VI of 26.10.2020.

      54. Commission shall annually present a report on crediting and distribution of amounts of imported customs duties to the Intergovernmental council.

      55. The special committee may be created according to the decision of Commission from the employees of authorized, customs and other state bodies of the member states, as well as invited specialists for control (audit) of observation of procedure of crediting and distribution of received amounts of the imported customs duties by the member states.

  ANNEX No.6
  to the Agreement
  on Eurasian economic union

MINUTE
on the unified customs tariff regulation
I. General provision

      1. This Minute is developed in accordance with section IX of Agreement on Eurasian economic union and determine the principles and procedure of application of measures of customs tariff regulation in the customs territory of the Union.

      2. The concepts used in this Minute shall have the following meanings:

      “similar goods” – goods which in its functional purpose, application, quality and technical characteristics fully identical to the goods, imported to the customs territory of the Union within the tariff quota, or (in the absence of such fully identical goods) goods, which have the characteristics, close to the characteristics of goods imported to the customs territory of the Union within the tariff quota, allowing to use it on a functional purpose, similar to the goods, imported to the customs territory of the Union within the tariff quota and may be replaced by them in the commercial relation;

      “substantial suppliers from third countries” – suppliers of goods, having a share in the import of goods to the customs territory of the Union of 10 percent and more;

      “the amount of the tariff quota” – the quantity of goods in the natural or value terms, allocated for the import within the tariff quota;

      “proceeding period” – period, in relation of which the analysis of volumes of consumption of goods in the customs territory of the Union and volumes of production of similar goods in the customs territory of the Union is conducted;

      “the real volume of import” – the volume of import in the conditions of absence of its restrictions;

      “agricultural goods” – goods, classified in the groups 1-24 ТН ВЭД EEU, as well as such goods, as mannite, D – glucitol (sorbite), essential oil, casein, albumin, gelatin, dextrin, modified starch, sorbite, hides, leather, down and fur raw materials, raw silk, silk waste, animal dander, raw cotton, cotton waste, cotton carding fiber, raw flax and raw hemp;

      “tariff quota” – measure of regulation of import to the customs territory of the Union of separate types of agricultural goods, originated from third countries, providing application of differentiated rates of imported customs duties ETT EEU in relation of goods, imported within the established amount (in the natural or value terms) during certain period and over this quantity.

II. Tariff preferences

      3. Tariff preferences in the form of exemption from payment of imported customs duties shall be provided in relation of imported (imported) to the customs territory of the Union from the third countries:

      1) goods as the contribution of foreign founder in the charter (reserve) capital (fund) within the terms, established by the constitutive documents for formation of this capital (fund). Procedure of application of tariff preferences in relation of such goods shall be established by Commission;

      2) goods, imported within the international cooperation in the field of research and use of space environment, as well as rendering of services on start of spacecraft, in accordance with the list, approved by Commission;

      3) products of offshore operation of vessels of the member state, as well as vessels, rented (chartered) by legal entities and (or) individuals of the member states;

      4) currency of the member states, currency of third countries (except for those used for numismatic purpose), as well as securities in accordance with the legislation of the member states;

      5) goods imported as humanitarian aid and (or) for the purposes of relieving the consequences of natural disasters, accidents or catastrophes;

      6) goods, except for excisable (except for the auto cars, specially intended for medical purposes), imported through the third countries, international organizations, governments for the charitable purposes and (or) recognized in accordance with the legislation of the member states as grant aid (assistance), as well as technical aid (assistance).

      4. Tariff preferences in relation of goods, imported (imported) to the customs territory of the Union from third countries may be provided in other cases, established by Agreement on Eurasian economic union, international treaties of the Union with third party, acts of Commission.

III. Conditions and mechanism of application of tariff quotas

      5. The volume of tariff quota in relation of separate type of agricultural goods, originated from the third countries and imported to the customs territory of the Union shall be established by Commission and may not exceed the difference between the volume of consumption of such goods in the customs territory of the Union and volume of production of similar goods in the customs territory of the Union.

      Upon that for one member state the volume of production of similar goods is equal to the volume of consumption of such goods or exceeds it, such difference may not be taken into consideration upon calculation of volume of tariff quota for the customs territory of the Union.

      6. If the volume of production of similar goods in the customs territory of the Union is equal to the volume of consumption of such goods in the customs territory of the Union or exceeds it, establishment of tariff quota shall not be allowed.

      7. The following conditions shall be observed upon making decision on establishment of tariff quota:

      1) establishment of tariff quota for a certain period (irrespective of results of consideration of issue on distribution of volume of tariff quota between the third countries);

      2) informing all interested third countries on volume of tariff quota, allocated by it (in the case of making decision on distribution of volume of tariff quota between the third countries;

      3) publication of information on establishment of tariff quota, its term of validity and volume, as well as on volume of tariff quota, allocated to the third countries (in the case of making decision on distribution of volume of tariff quota between the third countries), as well as on rates of imported customs duties, applied in relation of goods, imported within the volume of tariff quota.

      8. Distribution of volume of tariff quota between the participants of foreign trade activity of the member state shall be based on their equality in relation of reception of tariff quota and discrimination on the signs of form of ownership, place of registration or market position.

      9. The volume of tariff quota shall be distributed between the member states within the difference between the volumes of consumption and production in every member state, which are taken into consideration upon calculation of the volume of tariff quota for the customs territory of the Union in accordance with paragraphs 5 and 6 of this Minute.

      Upon that for the member state, being a member of World trade organization, the volume of tariff quota may be established based on the obligations of such member state before the World trade organization.

      10. Distribution of volume of tariff quota between the third countries shall be carried out by Commission or in accordance with decision of Commission – member state on the basis of results of consultations with all significant suppliers from the third countries, unless otherwise established by international treaties within the Union, international treaties of the Union with third party or decision of Superior council.

      Upon impossibility of distribution of volume of tariff quota on the results of consultations with all significant suppliers from the third countries, decision on distribution of volume of tariff quota between the third countries shall be made in recognition of volume of supplies of goods from these countries during the preceding period.

      As the previous period, as a rule shall accept any of the preceding three years, in relation of which the information reflecting the real volumes of import is available.

      If it is impossible to choose such preceding period, the volume of tariff quota shall be distributed on the basis of assessment of most likely distribution of real volume of import.

      11. Upon supplies of goods during the term of validity of tariff quota, the conditions and (or) formalities, preventing to any third country to fully use allocated volume of tariff quota shall not be established.

      12. At the request of third country, interests in the supply of goods, Commission shall conduct consultations on issues:

      1) necessity of redistribution of allocated volume of tariff quota;

      2) change of elected preceding period;

      3) necessity of cancellation of conditions, formalities or any other provisions, established according to the unilateral procedure in relation of distributed volume of tariff quota or its unlimited use.

      13. In connection with establishment of tariff quotas, the Commission:

      1) at the request of third country, interested in supply of goods shall provide information, concerning the method and procedure of distribution of volume of tariff quota between participants of foreign trade activity, as well as volume of tariff quota, in relation of which the licenses are issued;

      2) publish information on total number or cost of goods, intended for supply within the allocated volume of tariff quota, on dates of beginning and end of the term of validity of tariff quota and their any changes.

      14. Commission shall not have a right to require using the licenses for the import of goods from any determined third country, except for the cases of distribution of volume of tariff quota between the third countries.

  ANNEX No.7
  to Agreement
  on Eurasian economic union

MINUTE
on measures of non-tariff regulation in relation
of third countries
I. General provisions

      1. This Minute is developed in accordance with section IX of Agreement on Eurasian economic union and determines procedure and the case of application of measures of non-tariff regulation in relation of third countries by the Union.

      Validity of this Minute shall not be distributed to the relation, concerning the issues of technical regulation, application of sanitary, veterinary and phytosanitary requirements, measures in the field of export control and military-technical cooperation.

      2. The concepts used in this Minute shall have the following meanings:

      “automatic licensing (observation)” – a temporary measure, established for the purposes of monitoring of behavior of export and (or) import of separate types of goods;

      “general license” – a license, providing to participant of foreign trade activity the right to export and (or) import of separate type of licensing goods in the number determined by license;

      “prohibition” – a measure, prohibiting import and (or) export of separate types of goods;

      “import” – import of goods to the customs territory of the Union from third countries without obligation on re-export;

      “exclusive license” – a license, providing to participant of foreign trade activity the exclusive right to export and (or) import of separate type of goods;

      “exclusive right” – a right to implementation of export and (or) import of separate types of goods by participants of foreign trade activity, and provided on the basis of exclusive license;

      “quantitative restrictions” – measures on quantitative restriction of foreign trade of goods, which are introduced by establishment of quotas;

      “licensing” – a set of administrative measures, establishing procedure of issuance of licenses and (or) permissions;

      “license” – special document to the right of implementation of export and (or) import of goods;

      “individual license” – a license, issued to participant of foreign trade activity on the basis of foreign trade transaction, the subject of which is the licensed goods and providing a right to export and (or) import of these goods in a certain amount;

      “permission” – special document, issued to participant of foreign trade activity on the basis of foreign trade transaction, the subject of which is the goods, in relation of which the automatic licensing (observation) is established;

      “permit” – a document, issued to participant of foreign trade activity or individual for the right to import and (or) export of goods in the cases, determined by the act of Commission;

      “authorized body” – a body of executive body of the member state, vested with the right to issue licenses and (or) permissions;

      “participants of foreign trade activity” – individuals and organizations, not being legal entities, registered in one of the member states and created in accordance with the legislation of this state, individuals, having permanent or preferential residence in the territory of one of the member states, being the citizens of this state, or having the right of permanent residence in it, or registered as individual entrepreneurs in accordance with the legislation of this state;

      “export” – export of goods from the customs territory of the Union to the territory of third countries without the obligation on re-export.

II. Introduction and application of measures of
non-tariff regulation

      3. The unified measures of non-tariff regulation (hereinafter – measures) shall be applied in the trade with third countries in the territory of the Union.

      4. Decision on introduction, application, extension and cancellation of measures shall be adopted by the Commission.

      The goods in relation of which the decision on application of measures is adopted shall be included to the unified list of goods, to which the measures of non-tariff regulation in the trade with third countries (hereinafter – the unified list of goods) are applied.

      The unified list of goods shall also include the goods, in relation of which the decision on establishment of tariff quota or import quota as special protective measure and on issuance of licenses is adopted by the Commission.

      5. The proposal on introduction or cancellation of measures may be represented as by the member state as by the Commission.

      6. Upon preparation of decision of Commission on introduction, application, extension or cancellation of measures, the Commission shall inform participants of foreign trade activity of the member states, the economic interests of which may be affected by adoption of such decision, on possibility to present proposals and remarks on this issue and on conducting of consultations to the Commission.

      7. Commission shall determine the method and form of conducting of consultations, as well as method and form of bringing of information on the course of conducting and results of consultations to the notice of interested persons, presenting their proposals and remarks.

      Non-conducting of consultations may not be the ground for recognition of decision of Commission, affecting the right of carrying out of foreign trade activity as invalid.

      8. Commission may adopt decision not to conduct consultations in the existence of any of the following conditions:

      1) on measures provided by project of decision of Commission, affecting the right of carrying out of foreign trade activity shall not be known until the date of entering it into legal force, in connection with which conducting of consultations will result or may result in failure to achieve the purposes, provided by this decision;

      2) conducting of consultations will result a delay in adoption decision of Commission, affecting the right of carrying out of foreign trade of activity that may cause substantial damage to the interests of the member states;

      3) provision of exclusive right is provided by the project of decision of Commission, affecting the right of implementation of foreign trade activity.

      9. Procedure of making suggestions on introduction or cancellation of measures shall be determined by Commission.

      10. Decision of Commission on introduction of measures may determine the customs procedures, upon placement of which the observation of measures are controlled by the customs bodies, as well as the customs procedures, placement of which the goods, in relation of which the measure is introduced shall not be allowed.

III. Prohibitions and quantitative restrictions of
export and import of goods

      11. Export and import of goods shall be carried out without application of prohibitions and quantitative restrictions, except for the cases, provided by paragraph 12 of this Minute.

      12. In the exceptional cases may be established:

      1) temporary prohibitions or temporary quantitative restrictions of export for prevention or reduction of critical shortage in the domestic market of food or other goods, being essential for domestic market of the Union;

      2) prohibitions or quantitative restrictions of export and import, necessary in connection with application of standards or rules of classification, sorting and sale of goods in international trade;

      3) restrictions of import of aquatic biological resources uponzimportation in any form, if it is necessary:

      restrict production or sale of similar goods, originated from the territory of the Union;

      restrict production or sale of goods, originated from the territory of the Union which may be directly substituted by the imported goods, in the case if the Union does not have significant production of similar goods;

      remove from the market a temporary surplus of the similar goods, originated from the territory of the Union by provision of this surplus to some groups of consumers for free or at below market prices;

      remove from the market a temporary surplus of goods, originated from the territory of the Union, which may be directly substituted by the imported goods, if the Union does not have significant production of similar goods by provision of this surplus to some groups of consumers for free or at below market prices.

      13. Upon introduction by Commission of quantitative restrictions to the territory of the Union shall be applied the export and (or) import quotas.

      Quantitative restrictions shall be applied:

      upon export – only in relation of goods, originated from the territory of the member states;

      upon import – only in relation of goods, originated from third countries.

      Quantitative restrictions shall not be allowed in relation of import of goods from the territory of any third country or export of goods, intended for the territory of any third country, if such quantitative restrictions are not applied in relation of import from all third countries or export to all third countries. Such provision shall not prevent to observation of obligations of the member states in accordance with international treaties.

      14. Prohibitions or quantitative restrictions of export may be introduced only in relation of goods, included to the list of goods, which are essential for the domestic market of the Union and in relation of which in the exceptional cases may be introduced the temporary prohibitions or quantitative restrictions of export, approved by Commission on the basis of suggestions of the member states.

      15. Upon introduction of prohibition or quantitative restriction of export of agricultural goods, being essential for the domestic market of the Union in accordance with subparagraph 1 of paragraph 12 of this minute, the Commission shall:

      consider consequences of prohibition or quantitative restriction for the food security of third countries, imported such agricultural goods from the territory of the Union;

      preliminary inform the Committee on agriculture of the World trade organization on nature and duration of application of prohibition or quantitative restriction of export;

      organize consultations or present all necessary information on issues, relating to the considered measure at the request of any imported country.

      In this paragraph under importing country shall be regarded as the country, in the import of which is the share of agricultural goods originated from the territory of the member states, in relation of export of which is planned to introduce a prohibition or quantitative restriction shall consist not less than 5 percent.

      16. Commission shall distribute the volumes of export and (or) import of quotas between the member states and determine the method of distribution of shares of export and (or) import of quotas among participants of foreign trade activity of the member states, as well as upon necessity shall distribute the volumes of quota between the third countries.

      Distribution of volumes of export and (or) import quotas between the member states shall be carried out by Commission depending on the tasks, which are supposed to solve by introduction of quantitative restrictions, in recognition of suggestions of the member states and based on the volumes of production and (or) consumption of goods in each of the member states.

      17. Commission upon adoption of decision on application of export and (or) import quotas shall:

      1) establish the export and (or) import quotas for a definite period (regardless of whether they are distributed between third countries);

      2) inform all interested third countries on volume of import quota allocated to them (in the case if the import quota is distributed between the third countries);

      3) publish information on application of export and (or) import quotas, their volumes and terms of validity, as well as distribution of import quota between the third countries.

      18. Distribution of import quotas between third countries shall be carried out, as a rule, by the Commission according to the results of consultations with all substantial suppliers from third countries.

      Upon that under the significant suppliers from third countries shall be regarded as suppliers with a share of 5 percent or more in the import of goods in the territory of the Union.

      19. In the case if distribution of import quotas is not be carried out on the basis of results of consultations with all significant suppliers from third countries, decision of Commission on distribution of quotas between third countries shall be adopted in recognition of volume of supplies of goods from these countries during preceding period.

      20. Commission shall not establish any conditions or formalities, which may prevent to any third country to fully use the import quota allocated to it, upon condition that supply of relevant goods will be executed during validity of import quota.

      21. Selection of the preceding period for determination of volume of supplies of goods, in relation of which the export and (or) import quota is introduced shall be carried out by Commission. Upon that, as a rule, any of the previous 3 years shall be accepted for this period, in relation of which information, reflecting the real volumes of export and (or) import is available. In the absence of possibility to choose the preceding period, the export (and ) or) import quotas are distributed on the basis of assessment of the most probable distribution of real volumes of export and (or) import.

      In this paragraph under the real volumes of export and (or) import shall be regarded as the volumes of export and (or) import in the conditions of absence of their restrictions.

      22. At the request of any third country, interested in the supply of goods, the Commission shall conduct consultations with this country concerning:

      1) necessity of redistribution of established import quota;

      2) change of selected preceding period;

      3) necessity of termination of conditions, formalities or any other provisions, established in accordance with unilateral procedure in relation of distribution of import quota or its unlimited use.

      23. Distribution of share of export and (or) import quotas among participants of foreign trade activity shall be carried out by the member states on the basis of method, determined by Commission and based on equality of participants of foreign trade activity in relation of reception of share of export and (or) import quotas and on nondiscrimination on the grounds of form of ownership, place of registration and market position.

      24. Except for the cases of distribution of import quota between the third countries shall not be allowed to demand that the license is used for the export and (or) import of relevant goods to any particular country and (or) from any particular country.

      25. In connection with application of export and (or) import quotas, the Commission shall:

      1) provide information, concerning procedure of distribution of export and (or) import of quotas, mechanism of foreign trade activity and volumes of quotas, on which the licenses are issued, at the request of third country, interested in trade of certain type of goods;

      2) publish information on total number or cost of goods, export and (or) import of which will be permitted within a certain time in the future, as well as on dates of commencement and termination of validity of export and (or) import quotas and any changes.

IV. Exclusive right

      26. Carrying out of foreign trade activity may be restricted by provision of exclusive right.

      27. The goods, the exclusive right of which is provided for export and (or) import, as well as procedure of determination by the member states of participants of foreign trade activity, to which such exclusive right is provided shall be determined by Commission.

      The list of participants of foreign trade activity, to which the exclusive right is provided by the member states on the basis of act of Commission shall subject to publication on the official website of the Union in the Internet.

      28. Decision on introduction of restriction on carrying out of foreign trade activity by provision of exclusive right shall be adopted by Commission by suggestion of the member state.

      The ground of necessity of introduction of exclusive right shall contain financial and economic calculations and other information, approving feasibility of application of this measure.

      29. Participants of foreign trade activity, the exclusive right of which is provided by the member state on the basis of decision of Commission shall make transactions on export and (or) import of relevant goods, based on the principle of nondiscrimination and governed only by the business considerations, including conditions of purchase or sale and provide an adequate opportunity to the organizations of third countries (in accordance with standard business practice) to compete in relation of participation in such purchases or sales.

      30. Export and (or) import of goods, in relation of which the exclusive right is provided to the participants of foreign trade activity shall be carried out on the basis of exclusive licenses, issued by the authorized body.

V. Automatic licensing
(observation)

      31. For the purposes of monitoring of behavior of export and (or) import of separate types of goods, the Commission shall have a right to introduce the automatic licensing (observation).

      32. Introduction of automatic licensing (observation) shall be carried out at the initiative of both the member state, and the Commission.

      The ground of necessity of introduction of automatic licensing (observation) shall contain information on impossibility of tracking of quantitative indicators of export and (or) import of separate types of goods and their changes by other methods.

      33. The list of separate types of goods, in relation of which the automatic licensing (observation) is introduced, as well as the terms of such automatic licensing (observation) shall be established by Commission.

      The goods in relation of which the automatic licensing (observation) is introduced shall be included to the unified list of goods.

      34. Export and (or) import of goods, in relation of which the automatic licensing (observation) is introduced shall be carried out in the existence of permissions, issued by the authorized body in the manner determined by Commission.

      35. Issuance of permissions for export and (or) import of goods, included to the unified list of goods shall be carried out in accordance with rules according to the annex.

VI. Authorization procedure

      36. Authorization procedure of import and (or) export of goods shall be implemented by introduction of licensing or application of other administrative measures of regulation of foreign trade activity.

      37. Decision on introduction, application and cancellation of authorization procedure shall be adopted by Commission.

VII. General exceptions

      38. Upon import and (or) export of separate types of good may be introduced the measures, as well as on the grounds other than those specified in sections III and IV of this Minute, if these measures are:

      1) necessary for observation of public morality or legal order;

      2) necessary to protect human life and health, the environment, animals and plants;

      3) referred to export and (or) import of gold or silver;

      4) applied for protection of cultural values and cultural heritage;

      5) necessary for prevention of depletion of irreplaceable natural resources and conducted simultaneously with restriction of internal production or consumption, related with the use of irreplaceable natural resources;

      6) related with restriction of export of goods, originated from the territory of the member states for provision of domestic manufacturing industry with sufficient number of such goods during the period, when the domestic price of such goods is kept at a lower level than the world price as a result of the government's stabilization plan;

      7) necessary for purchase or distribution of goods upon general or their local deficit;

      8) necessary for execution of international obligations;

      9) necessary for ensuring of defence and security;

      10) necessary for ensuring of observation, not contradictory to the international obligations of legal acts, relating application of customs legislation, environmental protection, protection of intellectual property, and other legal acts.

      39. The measures specified in paragraph 38 of this Minute shall be introduced on the basis of act of Commission and may not serve as a means of arbitrary or groundless discrimination of third countries, as well as covert restriction of foreign trade of goods.

      40. For the purposes of introduction or cancellation of measures in relation of separate type of goods on the grounds, provided by paragraph 38 of this Minute, the member state shall present the documents, containing details on the name of goods, its code ТН ВЭД EEU, the nature of presented measures and expected term of validity, as well as the ground of necessity of introduction or cancellation of measures, to the Commission.

      41. In the case if Commission does not accept the offer of the member state on introduction of measures on the grounds, provided in paragraph 38 of this Minute, the member state, initiated their introduction may introduce such measures according to unilateral procedure in accordance with section X of this Minute.

VIII. Protection of external financial position and ensuring
the equilibrium in balance of payments

      42. Upon import of separate types of goods may be introduced the measures, as well as on the grounds other than those specified in sections III and IV of this Minute, in the case if it is necessary for protection of external financial position and ensuring of equilibrium in balance of payments.

      Such measures may be introduced, if only by virtue of critical state of balance of payments, other measures do not stop sharp deterioration of position with external calculations.

      43. The measures introduced, as well as on the grounds other than the specified in sections III and IV of this Minute may be applied if only the payments for supplies of imported goods are made in the currencies in which the currency reserves of the member states, mentioned in paragraph 44 of this Minute are formed.

      44. Restrictions in relation of import shall not be more significant than it is necessary for prevention of imminent threat of serious decline in currency reserves of the member states and for restore a reasonable rate of growth of currency reserves of the member states.

      45. Commission shall consider a proposal of the member state on introduction of measures, specified in paragraph 42 of this Minute.

      46. In the case if Commission does not accept the proposal of the member state on introduction of measures, the member state may adopt a decision on introduction of measures, specified in paragraph 42 of this Minute unilaterally in accordance with section X of this Minute.

IX. Licensing in the scope of foreign trade of goods

      47. Licensing in the cases established by commission shall be applied upon export and (or) import of separate types of goods, if in relation of these goods are introduced:

      quantitative restrictions;

      exclusive right;

      authorization procedure;

      tariff quota;

      import quota as a special protective measure.

      Licensing shall be implemented by issuance of license on export and (or) import of goods by the authorized body to the participant of foreign trade activity.

      Licenses issued by the authorized body of one member state shall be recognized by all other member states.

      48. Licensing of export and (or) import of goods, included to the unified list of goods shall be carried out in accordance with rules provided by annex to this Minute.

      49. The following types of licenses shall be issued by the authorized bodies:

      individual license;

      general license;

      exclusive license.

      Issuance of general and exclusive licenses shall be carried out in the cases determined by Commission.

X. Application of measures according to unilateral procedure

      50. In the exceptional cases on the grounds provided by sections VII and VIII of this Minute, the member states in the trade with third countries may introduce the temporary measures according to unilateral procedure, as well as on the grounds other than the specified in sections III and IV of this Minute.

      51. The member state which introduces the temporary measure shall inform the Commission on that and make proposal on introduction of such measure in the customs territory of the Union in advance but not later than 3 calendar days before the date of its introduction.

      52. Commission shall consider a proposal of the member state on introduction of temporary measure and at the results of consideration of proposal of the member state may adopt a decision on introduction of such measure in the customs territory of the Union.

      53. Term of validity of such measure in this case is established by Commission.

      54. In the case if decision on introduction of temporary measure in the customs territory of the Union is not adopted, the Commission shall inform the member state which introduced the temporary measure, and customs bodies of the member states on that the temporary measure operates not more than 6 months from the date of its introduction.

      55. On the grounds of notification on introduction of temporary measure, received from the member state, the Commission shall immediately inform the customs bodies of the member states on introduction by one of the member states of temporary measure with specification of:

      1) the name of regulatory legal act of the member state, in accordance with which the temporary measure is introduced;

      2) the name of goods and its code ТН ВЭД EEU;

      3) the dates of introduction of temporary measure and term of its validity.

      56. After reception of information, specified in paragraph 55 of this Minute, the customs bodies of the member states shall not allow:

      export of relevant goods, originated from the territory of the member state, applied the temporary measure, the details of which are contained in this information, without a license, issued by the authorized body of this member state;

      import of relevant goods, intended for the member state applied the temporary measure, details of which are contained in this information, without a license, issued by the authorized body of this member state. Upon that the member states, not applying the temporary measure shall take the necessary efforts, directed to non-admission of import of relevant goods to the territory of the member state, applied the temporary measure.

  Annex
  to the Minute on measures
  of non-tariff regulation
  in relation of third countries

The rules of issuance of licenses and permissions to the export and (or) import of goods I. General provisions

      1. These Rules shall determine procedure of issuance of licenses and permissions for the export and (or) import of goods, included to the unified list of goods, to which the measures on non-tariff regulation in the trade with third countries are applied.

      2. These Rules shall use the concepts, determined in the Minute on measures of non-tariff regulation in relation of third countries (annex No.7 to Agreement on Eurasian economic union), as well as the following concepts:

      “applicant” – a participant of foreign trade activity, which presents the documents to the authorized body for the purposes of formation of a license or permission;

      “execution of a license” – the actual import to the customs territory of the Union or export from the customs territory of the Union of goods, in relation of which the issue is made by the customs bodies on the grounds of issued (formed) license.

      3. The state duty (license fee) shall be collected by the authorized body for the issuance (formation) of a license and copy of the license in the manner and amount, provided by the legislation of the member state.

      4. Licenses and permissions shall be issued for each goods, classified on ТН ВЭД EEU, in relation of which the licensing or automatic licensing (observation) is introduced.

      5. Signature forms of civil servants of authorized bodies, vested with a right to sign the licenses and permissions, as well as the forms of seal impressions of the authorized bodies shall be directed to the commission for notification of customs bodies of the member states.

      6. The documents, presented for formation of a license or permission, as well as documents, approving execution of a license shall subject to storage in the authorized bodies during 3 years from the date of expire of period of validity of the license or permission or from the date of adoption of decision on termination or suspension of effect of the license.

      Upon expiration of the specified term; the documents shall be destroyed in the manner established by the legislation of the member state in which the license or permission was issued.

      7. Authorized bodies shall carry out database maintenance of issued licenses and permissions and present the specified information to the Commission in the manner and terms, established by the Commission. Commission shall present the data on licenses issued to the customs bodies of the member states.

II. Procedure of issuance of licenses

      8. Execution of application for issuance of license and execution of license shall be carried out in accordance with instructions on execution of application for issuance of license for export and (or) import of separate types of goods and on execution of such license, approved by Commission.

      The license may be issued (executed) in the form of electronic document in the manner, approved by Commission, and before its approval – in the manner determined in accordance with the legislation of the member state.

      Structure and format of a license in the form of electronic documents shall be approved by Commission, and before its approval shall be determined in accordance with the legislation of the member state.

      9. Validity of individual license may not exceed 1 year from the date of beginning of its validity. Period of validity of individual license may be restricted by the period of foreign trade contract (agreement) or period of validity of document, being the ground for issuance of the license.

      For the goods in relation of which the quantitative restrictions of export and (or) import are introduced, or import quota as the special protective measure, or tariff quotas, period of validity of a license shall be terminated in the calendar year, on which the quota is established.

      Period of validity of general license may not exceed 1 year from the date of beginning of its validity, and for goods, in relation of which the quantitative restrictions of export and (or) import or tariff quotas are introduced shall be terminated in the calendar years, on which the quota is established, unless otherwise established by Commission.

      Period of validity of exclusive license shall be established by commission in each specific case.

      10. For execution of a license by applicant or its representative, having the written approval of relevant powers, the following documents and details shall be presented to the authorized body:

      1) application on issuance of a license, filled and executed in accordance with instruction on execution of application for issuance of license for export and (or) import of separate types of goods and on execution of such license (hereinafter – application);

      2) electronic copy of application in the format, approved by commission, and before its approval – in the manner, determined in accordance with the legislation of the member state;

      3) a copy of foreign trade agreement (contract), annex and (or) additions to it (for individual license), and in the case of absence of foreign trade agreement (contract) – a copy of other document, approving the intention of parties;

      4) a copy of document (details, if it is provided by the legislation of the member state) on registration in the tax body or on the state registration;

      5) a copy of the license for carrying out of licensed type of activity or details on existence of a license for carrying out of licensed type of activity (if it is provided by the legislation of the member state), if such type of activity is related with goods turnover, in relation of which the licensing in the customs territory of the Union is introduced;

      6) other documents (details), if they are determined by decision of Commission, on the basis of which the licensing of relevant goods is introduced.

      11. Each sheet of presented copies of documents shall be certified by the sign and the seal of applicant, or copy of documents shall be bound and their last sheets are certified by the sign and seal of applicant.

      The documents presented by applicant shall subject to registration to the authorized body.

      Application and documents (details) may be presented in the form of electronic document in the manner provided by the legislation of the member states.

      Presentation of documents (details) in the form of scanned documents, certified by the electronic digital signature of applicant shall be allowed, unless otherwise provided by the legislation of the member state.

      The license shall be issued after presentation of a document by applicant, approving the payment of the state duty (license fee), charged for issuance (execution) of the license in the manner and amount, provided by the legislation of the member state.

      12. In the cases, provided by decision of Commission, the application shall be directed by applicant or authorized body, for coordination to the relevant body of executive power of the member state, determined by the member state, before presentation to the authorized body, unless otherwise provided by the legislation of the member state.

      13. Issuance of a license or refusal in their issuance shall be carried out by the authorized body on the basis of these Rules of documents, provided by paragraph 10 during 15 business days from the date of filing of documents, if other terms does not established by the decision of commission.

      14. The ground for refusal in issuance of a license shall be:

      1) existence of incomplete of false details in the documents, presented by applicant for obtainment of a license;

      2) non-compliance with the requirements, provided by paragraphs 10-12 of this Rules;

      3) termination or suspension of validity of one or several documents, serving as a ground for issuance of the license;

      4) violation of international obligations of the member states, which may occur due to execution of agreement (contract), for implementation of which the license is requested;

      5) exhaustion of quota, as well as tariff quota, or its absence (in the case of execution of the license for quota goods);

      6) other grounds, provided by the act of Commission.

      15. Decision on refusal in issuance of a license shall be motivated and presented to applicant in written form or in the form of electronic document, if it is provided by decision of commission, and in the absence of specified act – by the legislation of the member state.

      16. Authorized body shall execute the original of a license, which is issued to applicant. An applicant shall present the original of the license to the relevant customs body which issues its copy with the mark of customs body on statement on control to the applicant upon statement on control, before customs declaration of goods.

      If the license is issued (executed) by the authorized body in the form of electronic document, presentation of original of a license on paper medium to the customs body of its state shall not be required.

      Procedure of interaction of authorized bodies and customs bodies on control for execution of licenses, issued in the form of electronic document shall be determined by the legislation of the member states.

      17. Making amendments to the issued licenses, as well as for technical reasons shall not be allowed.

      18. In the case if the amendments are made to the constituent documents of applicant, registered as a legal entity (the change of organizational and legal form, the name or the place of its location), or the passport data of applicant, being individual are changed, the applicant shall be obliged to apply with request on termination of validity of issued license and execution of a new license with the annex of application and documents, approving the specified amendments.

      19. Authorized body shall have a right to adopt the decision on termination or suspension of validity of a license in the following cases:

      1) application of applicant, presented in a written form or in the form of electronic document, if it is provided by the legislation of the member state;

      2) making amendments to the constituent documents of applicant, registered as a legal entity (the change of organizational and legal form, the name or the place of its location), or change of passport data of applicant, being individual;

      3) detection of false details in the documents, presented by applicant for the purposes of obtainment of the license;

      4) termination or suspension of validity of one or several documents, on the basis of which the license was issued;

      5) violation upon execution of agreement (contract), on the basis of which the license was issued, international obligation of the member states;

      6) revocation of a license for carrying out of licensed type of activity, if such type of activity is related with goods turnover, in relation of which the licensing is introduced;

      7) detection of violations, committed upon issuance of a license, entailed issuance of the license, which upon observation of established procedure may not be issued;

      8) non-observance of conditions of the license issuance, established by international regulatory legal acts or regulatory legal acts of the member states by the owner of the license;

      9) existence of judicial decision;

      10) non-execution of paragraph 22 of these Rules by the owner of a license.

      20. Validity of the license shall be suspended from the date of adoption of decision on that, by the authorized body.

      Validity of suspended license may be renewed by the authorized body after elimination of reasons, entailed suspension of its validity. Upon that suspension of validity of a license shall not be the ground for its extension.

      Procedure of suspension or termination of validity of a license shall be determined by Commission.

      21. In the case of loss of a license, the authorized body shall issue a duplicate of the license, executed similar to the original and containing the entry "Duplicate" on the written application of applicant and after payment of the state duty (license fee) in the manner and amount, provided by the legislation of the member state.

      Application in which the reasons and circumstances of loss of a license are explained shall be made in free form.

      Duplicate of a license shall be issued by the authorized body during 5 business days from the date of filing of application.

      22. The owners of general and exclusive licenses shall be obliged to quarterly present a report on the course of execution of the license to the authorized body before 15th day of the month, following the reporting quarter.

      The owners of individual licenses shall be obliged to present the certificate on execution of the license to the authorized body during 15 calendar days upon expire of the term of validity.

      22. Upon removal of a license from control, the relevant customs control of the member state shall issue the certificate on execution of a license during 5 business days to the applicant on the basis of its written application.

      The form and procedure of issuance of certificate shall be determined by the Commission.

      24. Customs bodies shall present information on execution of the licenses in the electronic form directly to the authorized body, in the case of presentation by the customs bodies of such information is provided by the legislation of the member state.

      If information on execution of the licenses is directly presented by the customs bodies in the electronic form to the authorized body, reports on the course of execution of the licenses and certificates on execution of licenses shall not be presented by the owners of licenses to the authorized body.

III. Procedure of issuance of permissions

      25. Execution of permissions shall be carried out in accordance with instruction on execution of permission for export and (or) import of separate types of goods, approved by Commission.

      Permission may be issued (executed) in the form of electronic document in the manner, approved by Commission, and before its approval – in the manner, determined in accordance with the legislation of the member state.

      Structure and format of permission in the form of electronic document shall be approved by Commission, and before their approval shall be determined in accordance with the legislation of the member state.

      Permissions issued by the authorized body of the member state shall be recognized by all other member states.

      26. The terms of issuance of permissions may not exceed 3 business days from the date of filing of application.

      Permissions shall be issued without restrictions to any participants of foreign trade activity on the basis of filled to the authorized body:

      written application;

      project of permission on paper medium;

      electronic copy of project of permission in the format, approved by Commission, and before its approval – in the format, determined in accordance with the legislation of the member state.

      27. The term of validity of permission shall be restricted by calendar year, in which the permission is issued.

      28. Authorized body shall execute the original of permission,which is issued to participant of foreign trade activity or its representative, having the written approval of powers on its reception.

      Participant of foreign trade activity shall present the original of permission to the relevant customs body, which upon statement of permission on control issues its copy to the participant of foreign trade activity with the mark of customs body on statement on control, before customs declaration of goods.

      If the permission in the form of electronic document is issued (executed) by the authorized body, presentation of original of permission on paper medium by the participant of foreign trade activity to the customs body of its state shall not be required.

      Procedure of interaction of authorized bodies and customs bodies on control for execution of permissions, issued in the form of electronic document shall be determined by the legislation of the member states.

      29. Issued permissions shall not subject to re-execution to other participants of foreign trade activity.

      Making amendments to the issued permissions shall not be allowed.

      30. In the case of loss of issued permission, the authorized body may issue the duplicate of permission, executed similar to original and containing the entry “Duplicate” at the written application of participant of foreign trade activity during 3 business days. Upon that the reasons and circumstances of loss of permission shall be explained in application. Application shall be made in free form.

  ANNEX No.8
  to Agreement
  on Eurasian economic union

MINUTE
on application of special protective, antidumping and
compensatory measures in relation to the third countries

      Footnote. The word "payer" in the text of the Minute is excluded by Law of the RK No. 50-VII of 14.06.2021.

I. General provisions

      1. This Minute is developed in accordance with Articles 48 and 49 of agreement on Eurasian economic union (hereinafter – Agreement) and determine application of special protective, antidumping and compensatory measures in relation to the third countries for the purposes of protection of economic interests of producers of goods in the Union.

      2. The concepts used in this Minute shall have the following meanings:

      “similar goods” – the goods fully identical to the goods, that are or may be the object of investigation (reinvestigation), or in the absence of such goods – another goods, having characteristics, close to the characteristics of goods, which are or may be the object of investigation (reinvestigation);

      “antidumping measure” – the measure on counteraction to the dumped import, which is applied by the decision of Commission by introduction of antidumping duty, as well as preliminary antidumping duty, or approval of voluntary price obligations, adopted by the expert;

      “antidumping duty” – the duty, which is applied upon introduction of antidumping measure and charged by the customs bodies of the member states irrespective of imported customs duties;

      “margin of dumping” – expressed as a percentage the ratio of the normal value of the goods after deduction of export price of these goods to its export price or the difference between the normal value of goods and its export price, expressed in the absolute terms;

      "import quota" means the volume (in physical and/or value terms) of goods imported into the customs territory of the Union, above which the goods shall not be supplied into the customs territory of the Union;

      “compensatory measure” – the measure on cancellation of interaction of specific subsidy of exporting third country on the branch of economy of the member states, applied by decision of the Commission by introduction of compensatory duty (as well as preliminary compensatory duty) or approval of voluntary obligations, adopted by the authorized bodies of subsidizing third country or exporter;

      “compensatory duty” – the duty, which is applied upon introduction of compensatory measure and charged by the customs bodies of the member states, irrespective of imported customs duty;

      “material damage of branch of economy of the member states” – deterioration of a branch of economy of the member states approved by the evidences, which may be expressed, in particular, in reduction of volume of production of similar goods in the member states and volume of its implementation in the market of the member states, reduction of profitability of production of such goods, as well as in the negative impact on the stock of goods, employment, salary level in this branch of the economy of the member states and the level of investments in this branch of economy of the member states;

      “directly competitive goods” - the goods comparable with the goods, which are or may be the object of investigation (reinvestigation), on its own purpose, application, quality and technical characteristics, as well as on other basic features in such a way that the buyer can replace or ready to replace by them the goods, which are or may be the object of investigation (reinvestigation) in the process of consumption;

      “ordinary course of trade” – purchase and sale of similar goods in the market of exporting third country on the price not lower than its weighted average cost, determined based on the weighted average costs of production and weighted average trade, administrative and general costs;

      “preliminary antidumping duty” – the duty, applied upon import of goods to the customs territory of the Union, in relation of which the preliminary conclusion on existence of dumped import and material damage of a branch of economy of the member states conditioned by this, threat of its damage or significant slowdown of creation of the branch of economy of the member states, is made by the body, conducted investigation in the course of investigation;

      “preliminary compensatory duty” – the duty, applied upon import of goods to the customs territory of the Union, in relation of which the preliminary conclusion on existence of subsidized import and material damage of a branch of economy of the member states conditioned by this import, threats of its damage or significant slowdown of creation of the branch of economy of the member states, is made by the body, conducted investigation in the course of investigation;

      “preliminary special duty” – the duty, applied upon import of goods to the customs territory of the Union, in relation of which the preliminary conclusion on existence of increased import, which caused or threatened to cause a serious damage to the branch of economy of the member states, is made by the body, conducted investigation in the course of investigation;

      “preceding period” – 3 calendar years, directly preceding the date of filing of application on conducting of investigation, for which there are the necessary statistical data;

      “connected persons” – the persons, who meet one or several of the following criteria:

      each of these persons is an employee or head of organization, created with participation of another person;

      the persons are business partners, in other words related by contractual relations, act for the purposes of deriving of profit and jointly bear expenses and losses, related with carrying out of joint activity;

      the persons are employers and employees of the same organization;

      any person directly or indirectly holds, controls or is a nominee shareholder of 5 percent or more of the voting stocks or shares of both persons;

      one of the persons directly or indirectly controls the other person;

      both persons are directly or indirectly controlled by a third person;

      both persons together directly or indirectly control a third person;

      the persons are in the marital relations, relations of consanguinity or affinity, adoptive parents and adoptee, as well as the trustee and the ward.

      Upon that under the direct control shall be regarded the possibility of legal entity or individual to determine decisions, applied by legal entity by commission of one or several of the following actions:

      exercise of the functions of its executive body;

      obtainment of a right to determine the conditions of maintenance of entrepreneurial business of legal entity;

      disposal of more than 5 percent of the total number of votes on stocks (shares), constituting the charter (reserve) capital (fund) of a legal entity.

      Under the indirect control shall be regarded the possibility of legal entity or individual to determine decision, adopted by legal entity, through the individual or legal entity or through several legal entities, between of which there is a direct control;

      “serious damage of a branch of economy of the member states” – the general deterioration of situation, approved by the evidences and related with production of similar or directly competitive goods in the member states, which is expressed in the significant deterioration of industrial, trade and financial position of the branch of economy of the member states and determined, as a rule, for the preceding period;

      “special protective measure” – the measure on restriction of increased import to the customs territory of the Union, which is applied by decision of Commission by introduction of import quota, special quota or special duty, as well as preliminary special duty;

      special quota" - the volume (in physical and/or value terms) of goods imported into the customs territory of the Union, within the limits of which the goods are supplied into the customs territory of the Union without payment of a special duty, and above which a special duty is payable;

      “special duty” – the duty, which is applied upon introduction of special protective measure and charged by the customs bodies of the member states irrespective of imported customs duty;

      “subsidized import” – import of goods to the customs territory of the Union, upon production, export or transportation of which the specific subsidy of exporting third country is used;

      “third countries” – countries and (or) association of countries, not being the participants of Agreement, as well as territories, included to the classifier of countries of the world, approved be Commission;

      “subsidizing body” – the state body or local government body of exporting third country or person, acting by order of relevant state body or local government body or authorized by the relevant state body or local government body in accordance with legal act or on the basis of factual circumstances;

      “threat of causing of material damage of a branch of economy of the member states” – the inevitability of causing of material damage to the branch of economy of the member states, approved by the evidences;

      “threat of causing of serious damage of a branch of economy of the member states” - the inevitability of causing of serious damage to the branch of economy of the member states, approved by the evidences;

      “export price” – the price, which is paid or should be paid upon import of goods to the customs territory of the Union.

      Footnote. Paragraph 2 as amended by Law of the RK No. 6-VII of 15.02.2021; No. 50-VII of 14.06.2021.

II. Investigation
1.The purposes of conducting of investigation

      3. The introduction of special protective, antidumping or compensatory measure upon import of goods is preceded by an investigation conducted for the purposes of establishment of:

      existence of increased import to the customs territory of the Union and serious damage of a branch of economy of the member states conditioned by this or threat of its causing;

      existence of dumping or subsidized import to the customs territory and material damage of a branch of economy of the member states conditioned by this, or threat of its causing or significant slowdown of creation of the branch of economy of the member states.

2. The body conducting the investigations

      4. The body conducting the investigations shall act within the powers, provided to it by international treaties and acts, constituting the right of the Union.

      5. The body conducting the investigations shall present a report, containing proposals on feasibility of application or extension of the term of validity of special protective, antidumping or compensatory measure or revision or cancellation of special protective, antidumping or compensatory measure, with the annex of project of relevant decision of Commission to the Commission according to results of investigation.

      6. Revision of special protective, antidumping or compensatory measure shall provide its change, cancellation or liberalization on the results of the reinvestigation.

      7. The body conducting the investigations shall present a report, containing suggestions on feasibility of introduction and application of preliminary special, preliminary antidumping or preliminary compensatory duty, with the annex of project of relevant decision of Commission before completion of the investigation in the cases, provided by paragraphs 15-22, 78-89, 143-153 of this Minute.

      8. Provision of evidences and details to the body conducting the investigations, as well as correspondence with the body, conducting the investigation shall be carried out in Russian language, and original documents which are composed in a foreign language shall be accompanied by a translation in Russian language (with certificate of such translation).

III. Special protective measures
1. General principles of application of special
protective measure

      9. Special protective measure shall be applied in relation of goods, imported to the customs territory of the Union from exporting third country, irrespective of the country of its origin, except for:

      1) the goods, originating from the developing or least developed third country-user of the system of tariff preferences of the Union, until the share of import of these goods from such country does not exceed 3 percent from the total volume of import of such goods to the customs territory of the Union, upon condition, that the total share of import of these goods from the developing or least developed third countries, on the share of each of which is not more than 3 percent of the total volume of import of these goods to the customs territory of the Union does not exceed 9 percent from the total volume of import of these goods to the customs territory of the Union;

      2) the goods, originating from the state-participant of Commonwealth of Independent States, being the party of Agreement on the free trade area dated 18 October, 2011, upon execution of conditions, established by Article 8 of specified Agreement.

      10. Commission shall adopt decision on distribution of special protective measure to the goods, originating from developing or least developed third country and excluded from validity of special protective measure in accordance with paragraph 9 of this Minute, in the case if according to the results of reinvestigation, conducted by the body, conducting the investigation in accordance with paragraphs 31,33 and 34 of this Minute is established, that the share of import of goods from such developing or least developed third country exceeds the indicators, established by paragraph 9 of this Minute.

      11. Commission shall adopt decision on distribution of special protective measure to the goods, originating from the state – participant of Commonwealth of Independent States, being the party of Agreement on the free trade area dated 18 October, 2011, excluded from validity of special protective measure in accordance with paragraph 9 of this Minute, in the case if according to the results of reinvestigation, conducted by the body, conducting the investigation, in accordance with paragraphs 31,33 and 34 of this Minute is established that conditions, specified in article 8 of specified Agreement are not performed.

2. Establishment of serious damage of a branch of economy
of the member states or threat of its causing
due to increased import

      12. For the purposes of establishment of serious damage to the branch of economy of the member states or threat of its causing due to increased import to the customs territory of the Union, the body conducting the investigations, in the course of investigation shall access the objective factors, which may be expressed in the quantitative indices and which render assistance to the economic position of the branch of economy of the member states, as well as the following:

      1) rate and volume of increase of import of goods, being the object of investigation, in the absolute indices and relative indices to the total volume of production or consumption of similar or directly competitive goods in the member states;

      2) the share of imported goods, being the object of investigation, in the total sales of these goods and similar or directly competitive goods on the market of the member states;

      3) the price level of imported goods, being the object of investigation, in comparison with the price level for similar or directly competitive goods, produced in the member states;

      4) change of the volume of sales on the market of the member states of similar or directly competitive goods, produced in the member states;

      5) change of the volume of production of similar or directly competitive goods, productivity, use of production capacities, the amounts of profit and losses, as well as employment level in the branch of economy of the member states.

      13. Serious damage to the branch of economy of the member states or threat of its causing due to increased import shall be established on the basis of results of analysis of all evidences and details, relating to the case and available to the body, conducting the investigation.

      14. The body conducting the investigations, in addition to increased import shall analyze other known factors, due to which the serious damage to the branch of economy of the member states is caused or the threat of its causing is created in the same period. The specified damage shall not be referred to the serious damage to the branch of economy of the member states or threat of its causing due to increased import to the customs territory of the Union.

3. The introduction of preliminary special duty

      15. In the critical circumstances where a delay of application of a special protective measure would result in damage to the branch of economy of the member states, which will be difficult to eliminate later, the Commission may adopt decision on introduction of preliminary special duty on the basis of preliminary conclusion of the body, conducting the investigation for the term, not exceeding 200 calendar days before completion of relevant investigation, in accordance with which there are clear proofs that the increased import of goods, being the object of investigation, is caused or threatens to cause a serious damage to the branch of economy of the member states.

      16. The body conducting the investigations shall inform the authorized body of exporting third country, as well as other known interested persons on possible introduction of preliminary special duty in written form.

      17. At the request of the authorized body of exporting third country on conducting of consultation on the issue of introduction of preliminary special duty, such consultations shall be initiated after adoption of decision on introduction of preliminary special duty by Commission.

      18. In the case if according to the results of investigation the absence of the ground for introduction of special protective measure is established by the body, conducting the investigation, or decision on non-application of special protective measure is adopted in accordance with paragraph 272 of this Minute, the amounts of preliminary special duty shall subject to return to in the manner according to the annex to this Minute.

      The body conducting the investigations shall timely inform the customs bodies of the member states on the absence of grounds for introduction of special protective measure or on adoption of decision on non-application of special protective measure by Commission.

      19. In the case if according to the results of investigation the decision on application of special protective measure (as well as by introduction of import or special quota) is adopted, the term of validity of preliminary special duty shall be counted to the total term of validity of special protective measure, and the amounts of preliminary special duty shall subject to crediting and distribution from the date of entering of decision on application of special protective measure, adopted according to the results of investigation, to the legal force, in the manner provided by the annex to this Minute, in recognition of provisions of paragraphs 20 and 21 of this Minute.

      20. In the case if according to the results the investigation the introduction of a lower rate special duty, than the rate of preliminary special duty is recognized as appropriate, the amounts of preliminary special duty, relevant to the amounts of special duty, calculated according to the established rate of special duty shall subject to crediting and distribution in the manner provided by the annex to this Minute.

      The amounts of preliminary special duty, exceeding the amounts of special duty, calculated according to established rate of special duty shall subject to return to in the manner provided by the annex to this Minute.

      21. In the case if according to the results of investigation the introduction of a higher rate of special duty, than the rate of preliminary special duty is recognized as appropriate, the difference between the amounts of special duty and preliminary special duty shall not be charged.

      22. Decision on introduction of preliminary special duty shall be applied, as a rule, not later than 6 months from the date of commencement of investigation.

4. Application pf special protective measure

      23. The special protective measure shall be applied by decision of the Commission in the amount and during the term, which are necessary for prevention or elimination of serious damage to the branch of economy of the member states or threat of its causing, as well as for facilitation the adaptive process of the branch of economy of the member states to the changing economic conditions.

      24. In the case if the special protective measure is applied by establishment of import quota, the amount of such import quota shall not be lower of annual average volume of import of goods, being the object of investigation (in quantitative or value terms), for the preceding period, except for the cases of necessity of establishment of a smaller amount of import quota for elimination of serious damage to the branch of economy of the member states or threat of its causing.

      25. Upon distribution of import quota between the exporting third countries to those who are interested in the implementation of supplies to the customs territory of the Union of the goods, being the object of investigation shall be provided the possibility for conducting of consultations on the issue of distribution of import quota between them.

      26. In the case if conducting of consultations, provided by paragraph 25 of this Minute is not possible or the agreement on such distribution is not achieved in the course of their conducting, the import quota shall be distributed between the exporting third countries, having the interest in export of goods, being the object of investigation to the customs territory of the Union, in proportion prevailing upon import of these goods from exporting third countries for the preceding period on the basis of total volume of import of such goods in the quantitative or value terms.

      Upon that any special factors which could or may influence on the course of trade in these goods shall be taken into account.

      27. In the case if in percentagewise the increase of import of goods, being the object of investigation, from the separate exporting third countries is increased disproportionately in relation to the general increase of import of such goods for 3 years, preceding the date of filing of application on conducting of investigation, the Commission may distribute the import quota between such exporting third countries in recognition of absolute and relative indicators of increase of import of these goods to the customs territory of the Union from such exporting third countries.

      Provision of this paragraph shall be applicable exclusively in the case of establishment of existence of serious damage to the branch of economy of the member states by the body conducting the investigations.

      28. Procedure of application of special protective measure in the form of import quota shall be established by decision of Commission. In the case if such decision provides such licensing of import, the licenses shall be established in the manner established by Article 56 of Agreement.

      29. In the case if the special protective measure is applied by establishment of special quota, determination of the amount, distribution and application of such quota shall be carried out in the manner provided for the import quota by paragraphs 24-28 of this Minute.

5. The term of validity and revision of special
protective measure

      30. The term of validity of special protective measure shall not exceed 4 years, except for the case of extension of the term of validity of such measure in accordance with paragraph 31 of this Minute.

      31. The term of validity of special protective measure, specified in paragraph 30 of this Minute may be extended by decision of the Commission, if according to the results of reinvestigation, conducted by the body, conducting the investigation, it is established that for elimination of serious damage to the branch of economy of the member states or threat of its causing it is necessary extension of the term of validity of special protective measure, and there are the evidences that the measures, contributing the adaptation of the branch to the changing economic conditions are taken by the relevant branch of economy.

      32. Upon adoption of decision on extension of the term of validity of special protective measure by Commission, such measure may not be more restrictive than the special protective measure valid on the date of adoption of this decision.

      33. In the case if the term of validity of special protective measure exceeds 1 year, the Commission shall defuse such special protective measure through the equal time intervals during the term of its validity.

      In the case if the term of validity of special protective measure exceeds 3 years, the body, conducting the investigation shall conduct reinvestigation, not later than expiration of the half of the term of validity of such measure according to the results of which the special protective measure may be maintained, defused or cancelled.

      For the purposes of this paragraph under mitigation of special protective measure shall be regarded the increase of the volume of import quota or special quota or reduction of the rate of special duty.

      34. In addition to the reinvestigation, specified in paragraph 33 of this Minute, the reinvestigation may be conducted at the initiative of the body, conducting the investigation, or upon application of the interested person for the purposes of:

      1) determination of feasibility of the change, liberalization or cancellation of special protective measure in connection with the changed consequences, as well as specification of goods, being the object of the special protective measure, if there are the grounds to believe that such goods may not be produced in the Union in the course of application of this special protective measure;

      2) establishment of the share of developing or least developed third countries in the total volume of import of goods to the customs territory of the Union;

      3) establishment of the fact of performance of criteria, determined by Article 8 of specified Agreement for the state - participant of Commonwealth of Independent States, being the party of Agreement on the free trade area dated 18 October, 2011.

      35. Application on conducting of the reinvestigation for the purposes, specified in subparagraph 1 of paragraph 34 of this Minute may be applied by the body, conducting the investigation, if after introduction of special protective measure has passed at least one year.

      36. Upon conducting of reinvestigation in recognition of relevant differences shall be applied provisions, relating to conducting of investigation.

      37. The total term of validity of special protective measure, including the term of validity of preliminary special duty and the term, on which the validity of special protective measure is extended shall not exceed 8 years.

      38. Special protective measure may not be re-applied to the goods, to which the special protective measure is previously applied during the term equal to the term of validity of previous special protective measure. Upon that the term during of which the special protective measure is not applied may not be less than 2 years.

      39. The special protective measure, the term of validity of which is not more than 180 calendar days, irrespective of provisions, established by paragraph 38 of this Minute may be re-applied to the same goods, if passed at least 1 year from the date of introduction of preceding special protective measure and special protective measure is not applied to such goods more than 2 times within 5 years, preceding the date of introduction of a new special protective measure.

IV. Antidumping measure
1. General principles of application of antidumping measure

      40. The goods shall be subject of dumped import, if the export price of these goods is lower than their normal value.

      41. Period of investigation for which the details are analyzed for the purposes of determination of existence of dumped import shall be established by the body, conducting the investigation. Upon that such period shall be established, as a rule, equal to 12 months, preceding the date of filing of application on conducting of investigation, for which there are the statistical data, but in any case this period shall not be less than 6 months.

2. Determination of margin of dumping

      42. Margin of dumping shall be determined by the body, conducting the investigation on the basis of comparison:

      1) weighted-average normal value of goods with weighted-average export price of goods;

      2) normal value of goods on individual transactions with export priced of goods on individual transactions;

      3) weighted-average normal value of goods with export prices of goods on individual transactions upon condition of significant differences in price of goods depending on buyers, regions or period of supply of goods.

      43. Comparison of export price of goods with its normal value shall be carried out on the same stage of trade operation and in relation of cases of sale of goods, occurring as far as possible at the same time.

      44. Upon comparison of export price of goods with its normal value shall be carried out their correction in recognition of differences, having an influence on comparability of prices, as well as differences of conditions and characteristics of supplies, taxation, stages of trade operations, quantitative indicators, physical characteristics, as well as any other differences, in relation of which the evidences of their impact on comparability of prices are presented.

      The body, conducting the investigations is convinced that corrections in recognition of specified differences do not duplicate each other and distort the results of comparison of export price with normal value of goods.

      The body conducting the investigations shall have a right to request information, necessary for ensuring of appropriate comparison of export price of goods with its normal value from the interested persons.

      45. In the case if purchase and sales transactions of similar goods upon ordinary course of trade on the market of exporting third country are absent or due to the low volume of sales of the similar goods upon the ordinary course of trade or by virtue of special situation on the market of exporting third country is impossible to conduct an appropriate comparison of export price of goods with the price of similar goods upon sale on the market of exporting third country, the export price of goods shall be compared or with the comparable price of similar goods, imported from the exporting third country to other third country (upon condition that the price of similar goods is representative), or with the costs of production of goods in the country of its origin in recognition of necessary administrative, trade and general costs and profits.

      46. In the case if the goods are imported to the customs territory of the Union from the third country, not being the country of its origin, the export price of such goods shall be compared with comparable price of similar goods on the market of third country.

      Export price of goods may be compared with comparable price of similar goods in the country of its origin, if these goods are only transshipped through a third country, from which it is exported to the customs territory of the Union, or its production is not carried out in this third country, if there is no comparable price of similar goods.

      47. In the case if upon comparison of export price of goods with its normal value require recalculation of their values of one currency to another, such recalculation shall be conducted with the use of official currency rate at the date of sale of the goods.

      The currency rate, applied upon sale of currency for the term shall be used in the case if sale of foreign currency was directly related to the corresponding export supply of goods and is carried out for the term.

      The body, conducting the investigations shall not consider currency movement and in the course of investigation provide at least 60 calendar days to the exporters for correction of their export prices in recognition of sustainable changes of currency rates in the period of investigation.

      48. The body conducting the investigations, as a rule shall determine the individual margin of dumping for each known exporter and (or) producer of goods, presented the necessary details, allowing to determine the individual margin of dumping.

      49. In the case if the body, conducting the investigations comes to the conclusion on irreceivability of determination of individual margin of dumping for each known exporter and (or) producer of goods by reason of total number of exporters, producers or importers of goods, variety of goods or for any other reason, it may use restriction of determination of individual margin of dumping based on the reasonable number of interested persons or determine the margin of dumping in relation of selection of goods from each exporting third country, which on available information of the body, conducting the investigations is statistically representative and may be researched, not violating the progress of the investigation.

      The selection of interested persons for the purposes of restriction of determination of individual margin of dumping shall be carried out by the body, conducting the investigations, preferably on the basis of consultations with relevant foreign exporters, producers and importers of goods, being the object of investigation, and with their consent.

      In the case if the body, conducting the investigations uses the restriction in accordance with this paragraph, it shall also determine the individual margin of dumping in relation of each foreign exporter or foreign producer, which were not primarily selected, but provided the necessary details according to the established period for their consideration, except for the cases, when the number of foreign exporters and (or) foreign producers is so large that individual consideration may lead to violation by the body, conducting the investigations, the term of conducting of relevant investigation.

      Voluntary provided responses of such foreign exporters and (or) foreign producers shall not be rejected by the body, conducting the investigation.

      50. In the case if the body, conducting the investigations uses the restriction of determination of individual margin of dumping in accordance with paragraph 49 of this Minute, the amount of margin of dumping, calculated in relation of foreign exporters or foreign producers of goods, being the subject of dumped import shall not exceed the amount of weighted-average margin of dumping, determined in relation of foreign exporters or foreign producers of goods, being the subject of dumped import, selected for determination of individual margin of dumping.

      51. If the exporters or producers of goods, being the object of investigation do not provide the requested information in a required form and established terms to the body, conducting the investigations or information, provided by them may not be verified or does not correspond to validity, the body conducting the investigations may determine the margin of dumping on the basis of another available information.

      52. Except for the determination of individual margin of dumping for each known exporter and (or) producer of goods, which are presented the necessary details, allowing to determine the individual margin of dumping, the body conducting the investigations may determine the unified margin of dumping for all other exporters and (or) producers of goods, being the object of investigation on the basis of highest margin of dumping, determined in the course of investigation.

3. Determination of normal value of the goods

      53. Normal value of the goods shall be determined by the body, conducting the investigations on the basis of prices of similar goods upon their sale in the period of investigation in the internal market of exporting third country upon ordinary course of trade to the buyers, not being the related persons with producers and exporters, being the residents of this third country for the use in the customs territory of exporting third country.

      For the purposes of determination of normal value may be considered the prices of similar goods upon their sale in the internal market of exporting third country to the buyers, being the related persons with producers and exporters, being the residents of this third country, in the case if it is established that this relationship does not affect on the price policy of foreign producer and (or) exporter.

      54. The volume of sale of similar goods upon ordinary course of trade in the internal market of exporting third country shall be considered as sufficient for determination of normal value of goods, if this volume is not less than 5 percent from the total volume of export of goods to the customs territory of the Union from exporting third country.

      The lower volume of sale of similar goods upon ordinary course of goods shall be considered as acceptable for determination of normal value of goods, if there are the evidences that such volume is sufficient for ensuring of appropriate comparison of export price of goods with the price of similar goods upon ordinary course of trade.

      55. Upon determination of normal value of goods in accordance with paragraph 53 of this Minute, the price of goods upon their sales to the buyers in the internal market of exporting third country shall be the averaged weighted price, on which the similar goods are sold to the buyers during the period of investigation, or the price of goods on each separate sale to the buyers within this period.

      56. The sale of similar goods in the internal market of exporting third country or from exporting third country to other third country on low cost prices of production of the unit of similar goods in recognition of administrative, trade and general costs may be considered upon determination of normal value of goods only in the case, if the body, conducting the investigations establishes that such sale is carried out during investigation in the significant volume and at the prices, which may not ensure compensation of all costs for this period.

      57. In the case if the price of similar goods, which at the time of its sale is below of production of the unit of similar goods in recognition of administrative, trade and general costs, exceeds the weighted - average cost of production of the unit of goods in recognition of administrative, trade and general costs in the period of investigation, such price shall be considered as ensuring compensation of all costs during the period of investigation.

      58. Sale of similar goods at the low cost prices of production of the unit of similar goods in recognition of administrative, trade and general costs shall be considered as implemented in the significant amount, in the case if weighted-average price of similar goods on transactions, considered upon determination of normal value of goods is below of the weighted - average cost of production of the unit of similar goods in recognition of administrative, trade and general costs or volume of sale at the prices that is below of such cost of price shall consist at least 20 percent from the volume of sale on transactions, considered upon determination of normal value of the goods.

      59. Cost of production of the unit of the similar goods in recognition of administrative, trade and general costs shall be calculated on the basis of data, presented by exporter or producer of goods, upon condition that such data correspond to the generally accepted principles and rules of accounting and reporting in the exporting third country and fully reflect the costs, related with production and sale of goods.

      60. The body, conducting the investigation shall consider all available evidences of proper distribution of costs of production, administrative, trade and general costs, including the data, presented by the exporter or producer of goods, being the object of investigation, upon condition that such distribution of costs is usually practiced by this exporter or producer of goods, in particular in relation of establishment of relevant period of depreciation, deductions on capital investments and covering of other costs of development of production.

      61. Costs of production, administrative, trade and general costs shall be corrected in recognition of one-time costs, related with development of production, or consequences, upon which in the period of investigation make an impact of operations, carried out in the period of organization of production on the costs. Such corrections shall reflect the costs at the end of period of organization of production, and in the case if the period of organization of production exceeds the period of investigation – for the latest stage of the organization of production, corresponding to the period of conducting of investigation.

      62. Total quantitative indicators of administrative, trade and general costs and profits that are typical for this branch of economy shall be determined on the basis of actual data on production and sale of similar goods upon ordinary course of trade, presented by exporter or producer of goods, being the subject of dumped import. If such total quantitative indicators are impossible to determine by the specified method they may be determined on the basis:

      1) actual amounts, received and spent by the exporter or producer of goods, being the object of investigation, in connection with production and sale of the same category of goods in the internal market of exporting third country;

      2) weighted-average actual amounts, received and spent in connection with production and sale of similar goods in the internal market of exporting third country by other exporters or producers of such goods;

      3) other method upon condition, that the amount of profit, determined in this manner does not exceed the profit, usually received by other exporters or producers of the same category of goods upon their sale in the internal market of exporting third country.

      60. In the case of dumped import from the exported third country, in which the prices in the internal market are directly regulated by the state or there is a state monopoly of foreign trade, the normal value of goods may be determined on the basis of price or calculated value of similar goods in an appropriate third country (comparable for the purposes of investigation with the specified exporting third country) or price of similar goods upon their supplies from such third country on export.

      In the case if determination of normal value of goods in accordance with this paragraph is not possible, the normal value of goods may be determined on the basis of price, paid or subjected to payment for the similar good in the customs territory of the Union and corrected in recognition of profit.

4. Determination of export price of goods

      64. Export price of goods shall be determined on the basis of data on its sale in the period of investigation.

      65. In the absence of data on export price of goods, being the subject of dumped import, or upon incurrence of reasonable doubts in reliability of details on export price of these goods of the body, conducting the investigations due to the fact that exporter and importer of goods are the related persons (as well as by virtue of connection of each of them with the third person), or in the existence of restrictive business practice in the form of collusion in relation of export price of such goods, its export price may be calculated on the basis of price, on which the imported goods shall be firstly resold to the independent buyer, or by other method, which may be determined by the body, conducting the investigations, if the imported goods are not resold to the independent buyer or not resold in the form in which it was imported to the customs territory of the Union. Upon that for the purposes of comparison of export price of goods with its normal value shall be also considered the expenses (as well as the customs duties and taxes), paid in the period between the import and resale of goods, as well as profit.

5. Establishment of damage of a branch of the economy of
the member states due to the dumped import

      66. For the purposes of this section under the damage of a branch of economy of the member states shall be regarded the material damage to the branch of economy of the member states, threat of its damage or significant slowdown of creation of the branch of economy of the member states.

      67. The damage to the branch of economy of the member states due to the dumped import shall be established on the basis of results of analysis of volume of dumped import and influence of such import on the prices of similar goods in the market of the member states and on producers of similar goods in the member states.

      68. The period of investigation for which the details are analyzed for the purposes of determination of existence of damage to the branch of economy of the member states due to the dumped import shall be established by the body, conducting the investigation.

      69. Upon analysis of the volume of dumped import, the body conducting the investigations shall determine whether there was a substantial increase of dumped import of goods, being the object of investigation (in the absolute indicators or concerning the production or consumption of similar goods in the member states).

      70. Upon impact analysis of dumped import on the prices of similar goods on the market of the member states, conducting the investigations shall establish:

      1) whether there were the prices of goods being the subject of dumped import, significantly lower than the prices of similar goods on the market of the member states;

      2) whether the dumped import led to a significant reduction in prices of similar goods on the market of the member states;

      3) whether the significantly dumped import prevented to the price increase of similar goods on the market of the member states, which would have occurred in the case of absence of such import.

      71. In the case if the subject of investigations, conducted simultaneously is the import of goods to the customs territory of the Union from more than one of exporting third country, the body conducting the investigations may evaluate the joint impact of such import only in the case, if it establishes the following:

      1) margin of dumping, determined in relation of import of goods, being the object of investigation from each of exporting third country exceeds the minimum allowable margin of dumping, and the volume of import of these goods from each of the exporting third country shall not be insignificant in recognition of provisions of paragraph 223 of this Minute;

      2) assessment of joint impact of import of goods is possible in recognition of conditions of competition between the imported goods and similar goods, produced in the member states.

      72. Analysis of impact of dumped import on the branch of economy of the member states shall be concluded in the assessment of all economic factors, having the relations to the state of the branch of economy of the member states, including:

      the degree of restore of economic situation of the branch of economy of the member states after impact on it of previously occurred dumped or subsidized import;

      happened or possible in the future of decline in production, the sale of goods, the shares of it on the market of the member states, profits, productivity, incomes from investments or use of production capacity;

      factors having an impact on the prices of goods in the market of the member states;

      the amount of margin of dumping;

      happened or possible in the future of negative impact on the rate of increase of production of goods, stocks of goods, employment level, salary, possibility of attracting investments and financial condition.

      Upon that none or none of the few factors may have fundamental importance for establishment of damage to the branch of economy of the member states due to the dumped import.

      73. Conclusion on existence of cause and effect relationship between the dumped import and damage of a branch of economy of the member states shall be based on analysis of all evidences and details, relating to the case and available to the body, conducting the investigations.

      74. The body conducting the investigations, besides the dumped import shall analyze other known factors, as a result of which the damage of a branch of economy of the member states is caused in the same period.

      Factors that may be considered relevant include, inter alia, the volume and prices of imports not sold at dumping prices, reduced demand or changes in consumption patterns, restrictive trade practices by foreign producers and producers of the Member States and competition between such producers, technological advances, and the export performance, and productivity of a Member State's economy.

      The damage caused due to these factors of the branch of economy of the member states shall not be related to the damage to the branch of economy of the member states due to the dumped import to the customs territory of the Union.

      Footnote. Paragraph 74 as amended by Law of the RK No. 6-VII of 15.02.2021.

      75. Impact of dumped import on the branch of the member states shall be evaluated in respect to production of similar goods in the member states, if the available data allow allocating production of similar goods on the basis of such criteria, as production process, sale of similar goods by their producers and profit.

      In the case if the available data does not allow allocating production of similar goods, the impact of dumped import on the branch of economy of the member states shall be evaluated in respect to production of the narrowest group or nomenclature of goods, which includes the similar goods and which has the necessary data.

      76. Upon establishment of a threat of causing of material damage to the branch of economy of the member states due to the dumped import, the body conducting the investigations shall consider all available factors, as well as the following:

      1) rate of growth of dumped import, certifying on real possibility of further increase of such import;

      2) existence of goods of the exporter, being the subject of dumped import, sufficient export opportunities or evident necessity of their increase which certify on real possibility of increase of dumped import of these goods, in recognition of possibility of other export markets to accept any of additional export of these goods;

      3) the level of prices of goods being the object of investigation, if such level of prices may lead to reduction or regulation of price of similar goods on the market of the member states and further increase in demand for goods, being the object of investigation;

      4) existence of stocks of goods of the exporter, being the object of investigation.

      77. Decision on existence of a threat of causing of material damage to the branch of economy of the member states shall be adopted in the case, if in the course of investigation at the results of analysis of factors, specified in paragraph 76 of this Minute, the body conducting the investigations came to conclusion on necessity of continuation of dumped import and causing of material damage to the branch of economy of the member states by such import in the case of failure to take antidumping measure.

      Footnote. Paragraph 74 as amended by Law of the RK No. 6-VII of 15.02.2021.

6. Introduction of preliminary antidumping duty

      78. In the case if information, received by body, conducting the investigations, before completion of investigation certifies on existence of dumped import and damage to the branch of economy of the member states conditioned by this, the decision on application of antidumping measure by introduction of preliminary antidumping duty for the purposes of prevention of damage to the branch of economy of the member states, caused by the dumped import in the period of conducting of investigation shall be adopted by Commission on the basis of report, specified in paragraph 7 of this Minute.

      79. Preliminary antidumping duty may not be introduced earlier than 60 calendar days from the date of commencement of investigation.

      80. The rate of preliminary antidumping duty shall be sufficient for elimination of damage to the branch of economy of the member states, but not more than the amount of pre-calculated margin of dumping.

      81. In the case if the rate of preliminary antidumping duty is equal to the amount of pre-calculated margin of dumping, the term of validity of preliminary antidumping duty shall not exceed 4 months, except for the case if the term is extended to 6 months on the basis of request of exporters, the share of which in the volume of dumped import of goods, being the object of investigation composes the major part.

      82. In the case if the rate of preliminary antidumping duty is less than the pre-calculated margin of dumping, the term of validity of preliminary antidumping duty shall not exceed 6 months, except for the case, if this term is extended to 9 months on the basis of request of exporters, the share of which in the volume of dumped import of goods, being the object of investigation composes the major part.

      83. In the case if according to the results of investigation it is established by the body conducting the investigations that there are no grounds for introduction of antidumping measure, or the decision on non-application of antidumping measure is adopted in accordance with paragraph 272 of this Minute, the amounts of preliminary antidumping duty shall subject to return to in the manner provided by the annex to this Minute.

      The body conducting the investigations shall timely inform the customs bodies of the member states on the absence of grounds for introduction of antidumping measure or on adoption of decision on non-application of antidumping measure by Commission.

      84. In the case if according to the results of investigation the decision on application of antidumping measure is adopted on the basis of existence of a threat of causing of material damage to the branch of economy of the member states or significant slowdown of creation of a branch of economy of the member states, the amounts of preliminary antidumping duty shall subject to return to in the manner provided by annex to this Minute.

      85. In the case if according to the results of investigation the decision on application of antidumping measure is adopted on the basis of existence of material damage of a branch of economy of the member states or the threat of its causing (upon condition that non-introduction of preliminary antidumping duty would have led to determination of existence of material damage to the branch of economy of the member states), the amounts of preliminary antidumping duty from the date of entering of decision on application of antidumping measure into legal force shall subject to crediting and distribution in the manner provided by annex to this Minute in recognition of provisions of paragraphs 86 and 87 of this Minute.

      86. In the case if according to the results of investigation, the introduction of lower rate of antidumping duty than the rate of preliminary antidumping duty is recognized as appropriate, the amounts of preliminary antidumping duty, relevant to the amounts of antidumping duty, calculated according to the established rate of antidumping duty shall subject to crediting and distribution in the manner provided by annex to this Minute.

      The amounts of preliminary antidumping duty, exceeding the amount of antidumping duty, calculated according to the established rate of antidumping duty shall subject to return to in the manner provided by annex to this Minute.

      87. In the case if according to the results of investigation the introduction of a higher rate of antidumping duty than the rate of preliminary antidumping duty is recognized as appropriate, the difference between the amounts of antidumping duty and preliminary antidumping duty shall not be charged.

      88. Preliminary antidumping duty shall be applied upon condition of simultaneous continuation of the investigation.

      89. Decision on introduction of preliminary antidumping duty shall be adopted, as a rule, not later than 7 months from the date of commencement of investigation.

7. Acceptance of goods, being the object of investigation,
price obligations by the exporter

      90. The investigation may be suspended or terminated by the body, conducting the investigation, without introduction of preliminary antidumping duty or antidumping duty upon reception by them of goods, being the object of investigation, price obligations in written form from the exporter on price revision of these goods or on termination of its export to the customs territory of the Union on prices lower of its normal value (in the presence of persons in the member states related with exporter it is also necessary the applications of these persons on support of these obligations), if the body conducting the investigations come to the conclusion that adoption of specified obligations will eliminate the damage, caused by the dumped import, and Commission adopts the decision on their approval.

      The price level of goods according to these obligations shall not be higher than necessary for elimination of margin of dumping.

      Increase of the price of goods may be less than the margin of dumping, if such increase is sufficient for elimination of damage of a branch of economy of the member states.

      91. Decision on approval of price obligations shall not be adopted by the Commission until the body, conducting the investigations does not come to the preliminary conclusion on existence of dumped import and damage to the branch of economy of the member states conditioned by this.

      92. Decision on approval of price obligations shall not be adopted by the Commission, if the body conducting the investigations comes to the conclusion on unacceptability of their approval in connection with a large number of real or potential exporters of goods, being the object of investigation or by other reasons.

      The body conducting the investigations, as far as possible shall give the reasons to the exporters, on which the approval of their price obligations was considered as unacceptable and provide an opportunity to make comments in connection with this.

      93. The body conducting the investigations shall direct to each exporter, accepted the price obligations, the request on provision of their non-confidential version to have a possibility to provide it to the interested persons.

      94. The body, conducting the investigations may offer to the exporters to accept the price obligations but may not require their acceptance.

      95. In the case of adoption of decision on approval of price obligations by the Commission, the antidumping investigation may be continued at the request of exporter of goods or by the decision of body, conducting the investigations.

      If according to the results of investigation the body, conducting the investigations comes to the conclusion on the absence of dumped import or damage to the branch of economy of the member states conditioned by it, the exporter accepted the price obligations shall be automatically released from such obligations, except for the case, when the specified conclusion is the result of the existence of such obligations to a significant extent. In the case if the made conclusion is the result of existence of price obligations to a significant extent, the decision that such obligations shall remain in force during the necessary period of time may be adopted by the Commission.

      96. In the case if according to the results of investigation the body conducting the investigations comes to the conclusion on existence of dumped import and damage to the branch of economy of the member states conditioned by it, the price obligations accepted by the exporter shall continue to have effect in accordance with their conditions and provisions of this Minute.

      97. The body, conducting the investigations shall have a right to request from the exporter, the price obligations of which were approved by the Commission, the details concerning their execution as well as the consent to the verification of these details.

      Non-presentation of requested details in the term, established by the body conducting the investigations, as well as disagreement to the verification of these details shall be considered as the violation of price obligations accepted by the exporter.

      98. In the case if violations or revocations of price obligations by the exporter the Commission may adopt the decision on application of antidumping measure by introduction of preliminary antidumping duty (if the investigation is not yet complete) or antidumping duty (if the final results of investigation certify on existence of grounds for its introduction).

      In the case of violation of price obligations by the exporter, the opportunity to comment in connection with such violations shall be provided to it.

      99. The rate of preliminary antidumping duty or antidumping duty, which may be introduced in accordance with paragraph 98 of this Minute shall be determined in the decision of Commission on approval of price obligations.

8. Introduction and application of antidumping duty

      100. Antidumping duty shall be applied in relation of goods, which are supplied by all exporters and are the subject of dumped import, caused a damage to the branch of economy of the member states (except for the goods, supplied by the exporters, the price obligations of which were approved by the commission in accordance with paragraphs 90-99 of this Minute).

      101. The amount of antidumping duty shall be sufficient for elimination of damage to the branch of economy of the member states, but not more than the amount of calculated margin of dumping.

      The Commission may adopt a decision on introduction of antidumping duty in the amount less than the amount of calculated margin of dumping, if such amount is sufficient for elimination of damage to the branch of economy of the member states.

      102. The Commission shall establish the individual amount of the rate of antidumping duty in relation of goods, supplied by each exporter or producer of goods, being the subject of dumped import for which the individual margin of dumping was calculated.

      103. Except for the individual amount of the rate of antidumping duty, specified in paragraph 102 of this Minute, the Commission shall establish the single rate of antidumping duty for goods, supplied by all other exporters or producers of goods from the exporting third country, for which the individual margin of dumping was not calculated, on the basis of the highest margin of dumping, calculated in the course of investigation.

      104. Antidumping duty may be applied in relation of goods, placed under the customs procedure, the condition of placement of which is the payment of antidumping duties, not earlier than 90 calendar days before the date of introduction of preliminary antidumping duty, if according to the results of investigation, the body conducting the investigations is simultaneously established the following, in relation of these goods:

      1) earlier the dumped import, which caused the damage is occurred, or importer knew or should have known that the exporter supplies the good at the price less than its normal value and that such import of goods may damage the branch of economy of the member states;

      2) the damage to the branch of economy of the member states is caused by the essentially increased dumped import during relatively short time period, which in recognition of duration and volume, as well as other circumstances (as well as rapid growth of stock reserves of imported goods) may significantly reduce the effect of reducing from introduction of antidumping duty upon condition, that the opportunity to make comments is provided to the importers of these goods before the end of investigation.

      105. After the date of the commencement of the investigation, the investigating authority shall publish on the official website of the Union a notification containing a warning of the possible application, under paragraph 104 of this Minute, of an anti-dumping duty in respect of the goods which are the subject of the investigation.

      Decision on publication of such notification shall be adopted by the body, conducting the investigations, at the request of the branch of economy of the member states, contained the sufficient evidences of execution of conditions, specified in paragraph 104 of this Minute, or on its own initiative in the existence of available evidences of the body conducting the investigations.

      Antidumping duty may not be applied in relation of goods, placed under the customs procedures, the condition of placement of which is the payment of antidumping duties, before the date of official publication of notification, specified in this paragraph.

      Footnote. Paragraph 105 as amended by Law of the RK No. 6-VII of 15.02.2021.

      106. The additional methods of notification of interested persons on possible application of antidumping duty may be established by the legislation of the member states in accordance with paragraph 104 of this Minute.

9. The term of validity and revision of antidumping measure

      104. Antidumping measure shall be applied by the decision of Commission in the amount and during the term, which are necessary for elimination of the damage to the branch of economy of the member states due to the dumped import.

      108. The term of validity of antidumping measure shall not exceed 5 years from the date of commencement of application of such measure or from the date of completion of the reinvestigation, which is conducted in connection with the changed circumstances and simultaneously concerned the analysis of dumped import and caused damage to the branch of economy of the member states or which is conducted in connection with expiration of the term of validity of antidumping measure.

      109. The reinvestigation in connection with expiration of the term of validity of antidumping measure shall be conducted on the basis of application in written form, filed in accordance with paragraphs 186-198 of this Minute or on its own initiative of the body, conducting the investigations.

      The reinvestigation in connection with expiration of the term of validity of antidumping measure shall be conducted in the existence of details on possibility of renewal or continuation of dumped import and causing the damage to the branch of economy of the member states upon termination of validity of the antidumping measure in the application.

      An application on conducting of reinvestigation in connection with expiration of the term of validity of antidumping measure shall be filed not later than 6 months before expiration of the term of validity of antidumping measure.

      The reinvestigation shall be initiated before expiration of the term of validity of antidumping measure and completed within 12 months from the date of its commencement.

      Application of antidumping measure shall be extended by the decision of Commission before completion of reinvestigation conducted in accordance with this paragraph. Antidumping duties shall be paid on the rates of antidumping duties, which were established in connection with application of antidumping measure, the term of validity of which is extended in connection with conducting of reinvestigation during the term, on which the application of relevant antidumping measure is extended in the manner established for collection of preliminary antidumping duties.

      In the case if according to the results of reinvestigation in connection with expiration of the term of validity of antidumping measure it is established by the body, conducting the investigations that there are no the grounds for application of antidumping measure, or the decision on non-application of antidumping measure is adopted in accordance with paragraph 272 of this Minute, the amounts of antidumping duty, charged in the manner established for collection of preliminary antidumping duties, during the term, on which the application of antidumping measure is extended shall subject to return to in the manner provided by annex to this Minute.

      The body conducting the investigations shall timely inform the customs bodies of the member states on the absence of the grounds for application of antidumping measure or on adoption of decision on non-application of antidumping measure by the Commission.

      Validity of antidumping measure shall be extended by the Commission in the case, if according to the reinvestigation in connection with expiration of the term of validity of antidumping measure, the possibility of renewal or continuation of dumped import and causing damage to the branch of economy of the member states is established by the body conducting the investigations. The amounts of antidumping duties, charged in the manner established for collection of preliminary antidumping duties shall subject to crediting and distribution in the manner provided by annex to this Minute during the term on which the application of antidumping measure was extended from the date of entering of decision of Commission on extension of antidumping measure to the legal force.

      110. Upon the application of the interested person, in the case if after introduction of antidumping measure passed at least 1 year, or on the initiative of the body, conducting the investigations may be conducted the reinvestigation for the purposes of determination of feasibility of continuation of application of antidumping measure and (or) its revision (as well as revision of individual amount of the rate of antidumping duty) in connection with the changed circumstances.

      Depending on the purposes of filing of application on conducting of reinvestigation, such application shall contain the evidences that in connection with the changed circumstances of:

      continuation of application of antidumping measure is not required for counteraction to the dumped import and elimination of damage to the branch of economy of the member states due to the dumped import;

      the current amount of antidumping measure exceeds the amount, sufficient for counteraction to the dumped import and elimination of damage to the branch of economy of the member states due to the dumped import;

      the current antidumping measure is not sufficient for counteraction to the dumped import and elimination of damage to the branch of economy of the member states due to the dumped import.

      The reinvestigation conducted in accordance with this paragraph shall be completed during 12 months from the date of its commencement.

      111. The reinvestigation may be also conducted for the purposes of establishment of individual margin of dumping for the exporter or producer, who are not carried out in the period of investigation of supply of goods, being the subject of dumped import. Such reinvestigation may be commenced by the body, conducting the investigations, in the case of filing of application on its conducting by the specified exporter or producers, containing the evidences that the exporter or producer of goods is not related with exporters and producers, in relation of which the antidumping measure is applied, and that the exporter or producer carries out the supplies of goods, being the object of investigation, to the customs territory of the Union or related by contractual obligations on supply of significant volumes of such goods to the customs territory of the Union, termination or revocation of which will lead to the significant losses or to the significant penalties for this exporter or producer of goods.

      In the period of conducting of reinvestigation for the purposes of establishment of individual margin of dumping for the exporter or producer in relation of supplies of goods, being the object of investigation, to the customs territory of the Union, by this exporter or producer, the antidumping duty shall not be paid before adoption of decision according to the results of specified reinvestigation. Upon that in relation of such goods, imported (imported) to the customs territory of the Union in the period of conducting of reinvestigation shall be provided ensuring of payment of antidumping duty in the manner provided by the Custom Code of the Eurasian economic union, for ensuring of payment of imported customs duties, in recognition of features, established by this paragraph.

      The body conducting the investigations shall timely inform the customs bodies of the member states on the date of commencement of reinvestigation.

      Ensuring of payment of antidumping duty shall be provided by the monetary means (money) in the amount of the sum of antidumping duty, calculated on the single rate of antidumping duty, established in accordance with paragraph 103 of this Minute.

      In the case if according to the results of reinvestigation the decision on application of antidumping measure is adopted, the antidumping duty shall subject to the payment for the period of conducting of such reinvestigation. The amount of ensuring from the date of entering of decision on application of antidumping measure, adopted according to the results of reinvestigation, to the legal force shall subject to crediting of payment of antidumping duty in the amount, determined based on the established rate of antidumping duty, calculation and distribution in the manner provided by annex to this Minute, in recognition of provisions to this paragraph.

      In the case if according to the reinvestigation, the introduction of the highest rate of antidumping duty is recognized as appropriate than the rate, on the basis of which the amount of ensuring of payment of antidumping duty is determined, the difference between the amounts of antidumping duty, calculated on the rate, established according to the reinvestigation and single rate of antidumping duty shall not be charged.

      The amounts of ensuring, exceeding the amounts of antidumping duty, calculated on the established rate of antidumping duty shall subject to return to in the manner provided by the Customs Code of the Eurasian economic union.

      The reinvestigation provided by this paragraph shall be conducted in the possibly shortest time, which may not exceed 12 months.

      112. Provisions of section VI of this Minute concerning provision of evidences and conducting of antidumping investigation shall be applied in relation of reinvestigation, provided by paragraphs 107-113 of this Minute in recognition of relevant differences.

      113. Provisions of paragraphs 107-112 of this Minute shall be applied in relation of obligations, adopted by the exporter in accordance with paragraphs 90-99 of this Minute, in recognition of relevant differences.

10. Establishment of evasion of antidumping measure

      114. For the purposes of this section the evasion of antidumping measure shall be regarded as the change of the method of supplies of goods for evasion from payment of antidumping duty or from execution of price obligations, accepted by the exporter.

      115. The reinvestigation for the purposes of establishment of evasion of antidumping measure may be initiated upon the application of the interested person or on its own initiative of body, conducting the investigations.

      116. The application specified in paragraph 115 of this Minute shall contain the evidences:

      1) evasion of antidumping measure;

      2) cancellation of effect of antidumping measure due to its evasion and influence of this factor on the volumes of production and (or) sale and (or) prices of similar goods in the market of the member states;

      3) existence of dumped import of goods (integrated parts and (or) derivatives of such goods) in the results of evasion of antidumping measure. Upon that for the normal value of goods, its integrated parts or derivatives shall be applied their normal value, determined in the course of investigation, according to the results of which the antidumping measure was introduced by the Commission, in recognition of relevant corrections for the purposes of comparison.

      117. The reinvestigation for the purposes of establishment of evasion of antidumping measure shall be completed during 9 months from the date of its commencement.

      118. The antidumping duty on the integrated parts and (or) derivatives goods, being the subject of dumped import, imported to the customs territory of the Union from the exporting third country, as well as on goods, being the subject of dumped import and (or) its integrated parts and (or) derivatives, imported to the customs territory of the Union from other exporting third country, charged in the manner established for collection of preliminary antidumping duties may be introduced by Commission for the period of reinvestigation, conducted in accordance with paragraphs 115-120 of this Minute.

      119. In the case if according to the results of reinvestigation, conducted in accordance with paragraphs 115-120 of this Minute, the evasion of antidumping measure, the amount of antidumping duty, paid in accordance with paragraph 118 of this Minute and in the manner established for collection of preliminary antidumping duty are not established by the body, conducting the investigations shall subject to return to in the manner provided by annex to this Minute.

      The body conducting the investigation shall timely inform the customs bodies of the member states that the evasion of antidumping measure is not established.

      120. The antidumping measure in the case of establishment of evasion of antidumping measure may be distributed by the Commission to the integrated parts and (or) derivatives foods, being the subject of dumped import, imported to the customs territory of the Union from the exporting third country, as well as on the goods, being the subject of dumped import and (or) its integrated parts and (or) derivatives, imported to the customs territory of the Union from other exporting third country according to the results of reinvestigation, conducted in accordance with paragraphs 115-120 of this Minute. The amounts of antidumping duties, paid in the manner established for collection of preliminary antidumping duties shall subject to crediting and distribution in the manner provided by the annex to this Minute from the date of entering of decision of Commission on introduction of antidumping measure, specified in this paragraph into legal force.

V. Compensatory measures

      121. The subsidies in this Minute shall be regarded as:

      1) financial assistance, carried out by the subsiding body, giving the additional advantages to the recipient of grants and rendered within the territory of exporting third country, as well as in the form of:

      direct transfer of monetary means (as well as in the form of dotation, loans and purchase of shares) or obligations on transfer of such means (as well as in the form of loan guarantees);

      charge-off means or full or partial refusal from collection of means, which may be received to the income of exporting third country (as well as by provision of tax credits), except for the cases of exception of exported goods from taxes or duties, charged from the similar goods, intended for internal consumption, or except for reduction or refund of such taxes or duties in the amounts, not exceeding actually paid amounts;

      preferential or free provision of goods or services, except for the goods or services, intended for support or development of common infrastructure, in other words infrastructure, not related with the specific producer and (or) exporter;

      preferential purchase of goods;

      2) any form of support of incomes or prices, giving the additional advantages to the recipient of grants, the direct or indirect results of which is increase of export of goods from exporting third country or reduction of import of similar goods in the third country.

1. Principles of allocation of subsidies of exporting
third country to the specific

      122. The subsidy of exporting third country shall be specific, if only the separate organizations are allowed to use the subsidy by the subsidizing body or legislation of exporting third country.

      123. In this section the separate organizations shall be regarded as the concrete producer and (or) exporter, or the specific branch of economy of exporting third country, or the group (union, association) of producers and (or) exporters or the branch of economy of exporting third country.

      124. The subsidy shall be specific, if the number of separate organizations, which are allowed to the use of this subsidy, is restricted by organizations, located in a specific geographic region, being under the jurisdiction of subsidizing body.

      125. The subsidy shall not be specific, if the general objective criteria or conditions, which determine the unconditional right for the use of subsidy are established by the legislation of exporting third country or subsidizing body and its amount (as well as depending on the number of employees, engaged in production process, or on the volume of release of products) is strictly observed.

      126. In any case the subsidy of exporting third country shall be specific subsidy, if provision of such subsidy is accompanied by:

      1) restriction of number of separate organizations, which are allowed to the use of subsidy;

      2) preferential use of subsidy by the separate organizations;

      3) provision of disproportionately large amounts of subsidy to the separate organizations;

      4) choose of concessional (preferential) method of provision of subsidy to the separate organizations by the subsidizing body.

      127. Any of subsidy of exporting third country shall be specific subsidy, if:

      1) subsidy is related with export of goods in accordance with the legislation of the exporting third country or actually as the only condition or one of the several conditions. The subsidy shall be considered as actually related with export of goods, if its provision, not related with export of goods in accordance with the legislation of exporting third country, in practice, related with export of goods or export earnings occurred or possible in future. In its own right the fact of provision of subsidy by the exporting enterprise does not mean provision of subsidy, related with the export of goods in the meaning of this paragraph;

      2) subsidy is related in accordance with the legislation of exporting third country or actually as the only condition or one of the several conditions with the use of goods, produced in the exporting third country, instead of the imported goods.

      128. The decision of body, conducting the investigations, on allocation of subsidy of exporting third country to the specific shall be based on the evidences.

2. Principles of determination of the amount of
specific subsidy

      129. The amounts of specific subsidy shall be determined on the basis of amount of benefit, derived by the recipient of such subsidy.

      130. The amounts of benefit, derived by the recipient of specific subsidy shall be determined on the basis of the following principles:

      1) participation of subsidizing body in the capital of organization shall not be considered as provision of benefit, if such participation may not be recognized as not corresponding to the usual investment practice (including provision of risk capital) in the territory of exporting third country;

      2) credit, provided by the subsidizing body shall not be considered as provision of benefit, if there is no the difference between the amount, which organization-recipient of credit pays for the state credit, and the amount that it would have paid for the comparable commercial loan, which this organization may receive in the credit market of exporting third country. In the contrary case the benefit is the difference between these amounts;

      3) credit guarantee shall not be considered as provision of benefit by the subsidizing body, if there is no the difference between the amounts, which organization-recipient of guarantee pays for the credit, and the amount that it would have paid for the comparable commercial loan without the state guarantee. In the contrary case the benefit is the difference between these amounts with correction for difference in the commissions;

      4) the supply by the subsidising body of goods or services or the procurement of goods shall not be regarded as providing a benefit unless the goods or services are supplied for less than adequate remuneration or the procurement is for more than adequate remuneration. The adequacy of remuneration shall be determined on the basis of existing market conditions of purchase and sale of these goods and services in the market of exporting third country, including the price, quality, availability, liquidity, transportation and other conditions of purchase or sale of goods.

      Footnote. Paragraph 130 as amended by Law No. 6-VII of 15.02.2021.

3. Establishment of damage of a branch of economy of the
member states due to the subsidized import

      131. For the purposes of this section under the damage of a branch of economy of the member states shall be regarded the material damage to the branch of economy of the member states, the threat of its causing or significant slowdown of creation of the branch of economy of the member states.

      132. The damage to the branch of economy of the member states due to the subsidized import shall be established on the basis of results of analysis of the volume of subsidized import and influence of such import on the prices of similar goods in the market of the member states and on producers of similar goods in the member states.

      133. Period of investigation, for which the details are analyzed for the purposes of determination of existence of damage to the branch of economy of the member states due to the subsidized import shall be established by the body, conducting the investigations.

      134. Upon analysis of the volume of subsidized import the body, conducting the investigations shall determine whether there was a significant increase of subsidized import of the goods, being the object of the investigation (in the absolute terms or relative to production or consumption of similar goods in the member states).

      135. In the case if the subject of investigations, conducted simultaneously, is the subsidized import of any of goods to the customs territory of the Union from more than one exporting third country, the body conducting the investigations may evaluate the joint effect of such import only in the case, if it determines the following:

      1) the amount of subsidy in each exporting third country on these goods is more than 1 percent of its value and the volume of subsidized import from each of the exporting third country is insignificant in accordance with paragraph 228 of this Minute;

      2) the assessment of joint impact of import of goods, being the subject of subsidizing import is possible in recognition of conditions of competition between the imported goods and conditions of competition between the imported goods and similar goods, produced in the member states.

      136. Upon analysis of impact of subsidized import on the prices of similar goods in the market of the member states, the body conducting the investigations shall establish:

      1) whether there were the prices of goods, being the subject of subsidized import, significantly lower than the prices of similar goods in the market of the member states;

      2) whether subsidized import led to a significant reduction in prices of similar goods in the market of the member states;

      3) whether the subsidized import prevented to the price increase of similar goods in the market of the member states, which is occurred in the case of absence of such import.

      137. Analysis of impact of subsidized import on the branch of economy of the member states shall be concluded in the price of all economic factors, concerning the state of the branch of economy of the member states, including:

      1) occurred or possible in future the reduction of production, sale of goods, the shares of goods in the market of the member states, profits, productivity, incomes from the attracted investments or the use of productive capacity;

      2) factors, affecting on the prices of goods in the market of the member states;

      3) occurred or possible in future the negative effect on movement of money flows, stocks of goods, the level of employment, salary, the rates of increase of production and possibility of attracting of investments.

      138. Impact of subsidized import on the branch of economy of the member states shall be estimated relating to production of similar goods in the member states, if available data allows allocating the production of similar goods on the basis of such criteria, as production process, sale of similar goods by their producers and profit.

      In the case if available data do not allow to allocate production of similar goods, the impact of subsidized import on the branch of economy of the member states shall be estimated relating to production of narrowest group or nomenclature of goods, which include the similar goods and on which have the necessary data.

      139. Upon establishment of a threat of causing of material damage to the branch of economy of the member states due to the subsidized import, the body, conducting the investigations shall consider all factors, as well as the following:

      1) the nature, amount of subsidy or subsidies and their possible impact on the trade;

      2) the rates of increase of subsidized import, certifying on real possibility of further increase of such import;

      3) existence of goods, being the subject of subsidized import of the exporter, sufficient export opportunities or evident necessity of their increase, which certify on real possibility of increase of subsidized import of these goods, in recognition of ability of other export markets to adopt any of additional export of these goods;

      4) the level of prices of goods, being the subject of subsidizing import, if such level of prices may lead to reduction or regulation of increase of price of similar goods in the market of the member states, and further increase of demand for the goods, being the subject of subsidized import;

      5) stocks of goods, being the subject of subsidized import of the exporter.

      140. Decision on existence of a threat of causing of material damage to the branch of economy of the member states shall be adopted in the case, if in the course of investigation according to the results of analysis of factors, specified in paragraph 139 of this Minute, the body conducting the investigations came to the conclusion on necessity of continuation of subsidized import and causing of material damage to the branch of economy of the member states by such import in the case of non-adoption of compensatory measures.

      141. Conclusion on existence of cause and effect relationship between the subsidized import and damage to the branch of economy of the member states shall be based on analysis of all evidences and details, relating to the case and available to the body, conducting the investigations.

      142. The body conducting the investigations, besides the subsidized import shall analyze other known factors, as a result of which the damage is caused to the branch of economy of the member states in the same period.

      The damage caused to the branch of economy of the member states due to these factors shall not be referred to the damage to the branch of economy of the member states due the subsidized import to the customs territory of the Union.

4. Introduction of preliminary compensatory duty

      143. In the case if information, received by body, conducting the investigations, before completion of investigation certifies on existence of subsidized import and damage to the branch of economy of the member states conditioned by this, the decision on application of compensatory measure by introduction of preliminary compensatory duty for the term up to 4 months for the purposes of prevention of damage to the branch of economy of the member states, caused by the subsidized import in the period of conducting of investigation shall be adopted by the Commission on the basis of report, specified in paragraph 7 of this Minute.

      144. Preliminary compensatory duty may not be introduced earlier than 60 calendar days from the date of commencement of investigation.

      145. Preliminary compensatory duty shall be introduced in the amount, equal to the pre-calculated value of specific subsidy of exporting third country for one of the subsidized and exported goods.

      146. In the case if according to the results of investigation it is established by the body conducting the investigations that there are no grounds for introduction of compensatory measure, or the decision on non-application of antidumping measure is adopted in accordance with paragraph 272 of this Minute, the amounts of preliminary compensatory duty shall subject to return to in the manner provided by the annex to this Minute.

      The body conducting the investigation shall timely inform the customs bodies of the member states on the absence of grounds for introduction of compensatory measure or on adoption of decision on non-application of compensatory measure by Commission.

      147. In the case if according to the results of investigation the decision on application of compensatory measure is adopted on the basis of existence of a threat of causing of material damage to the branch of economy of the member states or significant slowdown of creation of the branch of economy of the member states, the amounts of preliminary compensatory duty shall subject to return to in the manner provided by annex to this Minute.

      148. In the case if according to the results of investigation the decision on application of compensatory measure is adopted on the basis of existence of material damage of a branch of economy of the member states or the threat of its causing (upon condition that non-introduction of preliminary compensatory duty would have led to determination of existence of material damage to the branch of economy of the member states), the amounts of preliminary compensatory duty from the date of entering of decision on application of antidumping measure into legal force shall subject to crediting and distribution in the manner provided by annex to this Minute in recognition of provisions of paragraphs 149 and 150 of this Minute.

      149. In the case if according to the results of investigation, the introduction of lower rate of compensatory duty than the rate of preliminary compensatory duty is recognized as appropriate, the amounts of preliminary compensatory duty, relevant to the amounts of compensatory duty, calculated according to the established rate of compensatory duty shall subject to crediting and distribution in the manner provided by annex to this Minute.

      The amounts of preliminary compensatory duty, exceeding the amount of compensatory duty, calculated according to the established rate of compensatory duty shall subject to return to in the manner provided by annex to this Minute.

      150. In the case if according to the results of investigation the introduction of a higher rate of compensatory duty than the rate of preliminary compensatory duty is recognized as appropriate, the difference between the amounts of compensatory duty and preliminary compensatory duty shall not be charged.

      151. Preliminary compensatory duty shall be applied upon condition of simultaneous continuation of the investigation.

      152. Preliminary compensatory duty shall be applied in accordance with paragraphs 164-168 of this Minute.

      153. Decision on introduction of preliminary compensatory duty shall be adopted, as a rule, not later than 7 months from the date of commencement of investigation.

5. Adoption of voluntary obligations by the subsidizing
third country or exporters of goods, being the object
of investigation

      154. The investigation may be suspended or terminated without introduction of compensatory duty upon adoption of decision by the Commission on approval of one of the following voluntary obligations (in written form), received by the body conducting the investigations:

      exporting third country agrees to cancel or reduce subsidizing or take the relevant measures for the purposes of elimination of consequences of subsidizing;

      exporter of goods, being the object of investigation agrees to review the prices of such goods (in the existence of persons in the member-states, related with exporter – to ensure support of obligations of exporter on price revision by these persons) established by them, so that the results of analysis of obligations, accepted by the exporter, the body conducting the investigations came to the conclusion that acceptance of such voluntary obligations will eliminate the damage to the branch of economy of the member states.

      According to these obligations, the increase of price of goods, being the object of investigation shall not exceed the amount of specific subsidy of exporting third country, calculated in relation of the unit of subsidized and exported goods.

      Increase of price of goods, being the object of investigation may be less than the amount of specific subsidy of exporting third country, calculated on the unit of subsidized and exported goods, if such increase is sufficient for elimination of the damage to the branch of economy of the member states.

      155. Decision on approval of voluntary obligations shall not be adopted by the Commission until the body conducting the investigations does not come to the preliminary conclusion on existence of subsidized import and damage to the branch of economy of the member states, conditioned by this.

      Decision on approval of voluntary obligations of exporter of goods, being the object of investigation shall not be adopted by the Commission before reception of the consent of the authorized body of exporting third country for acceptance of obligations, specified in the third item of paragraph 154 of this Minute by the exporters.

      156. Decision on approval of voluntary obligations shall not be adopted by the Commission, if the body conducting the investigations came to the conclusion on unacceptability of their approval in connection with the large number of real or potential exporters of goods, being the object of investigations, or for other reasons.

      The body conducting the investigations, as far as possible shall inform the exporters the reasons on which the approval of their voluntary obligations was considered as unacceptable, and shall offer them the opportunity to make the comments in connection with this.

      157. The body conducting the investigations shall direct the request on provision of their non-confidential version to each exporter and authorized body of the exporting third country, which are accepted the voluntary obligations, to have the opportunity to provide it to the interested persons.

      158. The body, conducting the investigations may offer to the exporting third country or exporter of goods, being the object of investigation to accept the voluntary obligations but may not require their acceptance.

      159. In the case of adoption of decision on approval of voluntary obligations by the Commission, the compensatory investigation may be continued at the request of exporting third country or by the decision of body, conducting the investigations.

      In the case if according to the results of investigation the body, conducting the investigations comes to the conclusion on the absence of subsidized import or damage to the branch of economy of the member states conditioned by it, the exporting third country or exporters accepted the voluntary obligations shall be automatically released from such obligations, except for the case, when the specified conclusion is the result of existence of such obligations to a significant extent. In the case if the made conclusion is the result of existence of voluntary obligations to a significant extent, the decision that such obligations shall remain in force during the necessary period of time may be adopted by the Commission.

      160. In the case if according to the results of investigation the body conducting the investigations comes to the conclusion on existence of subsidized import and damage to the branch of economy of the member states conditioned by it, the accepted voluntary obligations shall continue to have effect in accordance with their conditions and provisions of this Minute.

      161. The body conducting the investigations shall have a right to request the details, concerning their execution, as well as the consent for verification of these details from the exporting third country or exporter.

      Non-provision of requested details in the term, established by the body conducting the investigations, as well as disagreement for verification of these details shall be considered as violation by the exporting third country or exporter of accepted voluntary obligations.

      162. In the case of violation of voluntary obligations by the exporting third country or exporter or revocation of such obligations, the Commission may adopt the decision on application of compensatory measure by introduction of preliminary compensatory duty (if the investigation is not yet completed) or compensatory duty (if the final results of investigation certify on existence of the grounds for its introduction).

      The opportunity to make the comments in connection with violation shall be provided to the exporting third country or exporter in the case of violation by them of accepted voluntary obligations.

      The rate of preliminary compensatory duty or compensatory duty, which may be introduced in accordance with paragraph 162 of this Minute shall be determined in the decision of Commission on approval of voluntary obligations.

6. Introduction and application of compensatory duty.

      164. The decision on introduction of compensatory duty shall not be adopted by the Commission, if the specific subsidy of exporting third country was revoked.

      165. The decision on introduction of compensatory duty shall be adopted after the exporting third country, providing specific subsidy was proposed to conduct the consultations, from which the country rejected or in the course of conducting of which the mutually acceptable decision was not reached.

      166. Compensatory duty shall be applied in relation of goods, which are supplied by all exporters and are the subject of subsidized import, causing damage to the branch of economy of the member states (except for the goods, supplied by the exporters, the voluntary obligations of which were approved by the Commission).

      In relation of goods, supplied by separate exporters, the individual amount of the rate of compensatory duty may be established by the Commission.

      167. The rate of compensatory duty shall not exceed the amount of specific subsidy of exporting third country, calculated on the unit of subsidized and exported goods.

      In the case if the subsidy is provided in accordance with different programs of subsidizing, it is considered their total amount.

      The rate of compensatory duty may be less than the amount of specific subsidy of exporting third country, if such rate is sufficient for elimination of damage to the branch of economy of the member states.

      168. Upon determination of the rate of compensatory duty shall be considered the opinion of consumers of the member states, on the economic interests of which the introduction of compensatory duty may affect, received in written form to the body conducting the investigations.

      169. Compensatory duty may be applied in relation of goods, placed under the customs procedure, the condition of placement of which is the payment of compensatory duty, not earlier than 90 calendar days before the date of introduction of preliminary compensatory duty, if according to the results of investigation, the body conducting the investigations is simultaneously established the following, in relation of these goods:

      1) the damage that would be difficult to remove later, caused by the significantly increased import of goods, in relation of which the specific subsidies are paid or provided, during the relatively short period of time;

      2) it is necessary to apply the compensatory duty for the purposes of prevention of recurrence of damage in relation of imported goods, specified in subparagraph 1 of this paragraph.

      170. After the date of the commencement of the investigation, the investigating authority shall publish on the official website of the Union a notification containing a warning of the possible application under 169 of this Minute, of a countervailing duty in respect of the goods which are the subject of the investigation.

      The decision on publication of such notification shall be adopted by the body conducting the investigations, at the request of a branch of economy of the member states, contained sufficient evidences of execution of conditions, specified in paragraph 169 of this Minute, or on its own initiative in the existence of such evidences available to the body conducting the investigations.

      Compensatory duty may not be applied in relation of goods, placed under the customs procedures, the condition of placement of which is the payment of compensatory duties, before the date of official publication of notification, specified in this paragraph.

      Footnote. Paragraph 170 as amended by Law No. 6-VII of 15.02.2021.

      171. The additional methods of notification of interested persons on possible application of compensatory duty may be established by the legislation of the member states in accordance with paragraph 169 of this Minute.

7. The term of validity and revision of compensatory duty.

      172. Compensatory measure shall be applied by the decision of Commission in the amount and during the term, which are necessary for elimination of the damage to the branch of economy of the member states due to the subsidized import.

      173. The term of validity of compensatory measure shall not exceed 5 years from the date of commencement of application of such measure or from the date of completion of the reinvestigation, which is conducted in connection with the changed circumstances and simultaneously concerned the analysis of subsidized import and caused damage to the branch of economy of the member states or which is conducted in connection with expiration of the term of validity of compensatory measure.

      174. The reinvestigation in connection with expiration of the term of validity of compensatory measure shall be conducted on the basis of application (in written form), filed in accordance with paragraphs 186-198 of this Minute or on its own initiative of the body, conducting the investigations.

      The reinvestigation in connection with expiration of the term of validity of compensatory measure shall be conducted in the existence of details on possibility of renewal or continuation of subsidized import and causing the damage to the branch of economy of the member states upon termination of validity of the compensatory measure in the application.

      An application on conducting of reinvestigation in connection with expiration of the term of validity of compensatory measure shall be filed not later than 6 months before expiration of the term of validity of compensatory measure.

      The reinvestigation shall be initiated before expiration of the term of validity of compensatory measure and completed within 12 months from the date of its commencement.

      Application of compensatory measure shall be extended by the decision of Commission before completion of reinvestigation conducted in accordance with this paragraph. Compensatory duties shall be paid on the rates of compensatory duties, which were established in connection with application of compensatory measure, the term of validity of which is extended in connection with conducting of reinvestigation during the term, on which the application of relevant compensatory measure is extended in the manner established for collection of preliminary compensatory duties.

      In the case if according to the results of reinvestigation in connection with expiration of the term of validity of compensatory measure it is established by the body, conducting the investigations that there are no the grounds for application of compensatory measure, or the decision on non-application of compensatory measure is adopted in accordance with paragraph 272 of this Minute, the amounts of compensatory duty, charged in the manner established for collection of preliminary compensatory duties, during the term, on which the application of compensatory measure is extended shall subject to return to in the manner provided by annex to this Minute.

      The body conducting the investigations shall timely inform the customs bodies of the member states on the absence of the grounds for application of compensatory measure or on adoption of decision on non-application of compensatory measure by the Commission.

      Validity of compensatory measure shall be extended by the Commission in the case, if according to the reinvestigation in connection with expiration of the term of validity of compensatory measure, the possibility of renewal or continuation of subsidized import and causing damage to the branch of economy of the member states is established by the body conducting the investigations. The amounts of compensatory duties, charged in the manner established for collection of preliminary compensatory duties shall subject to crediting and distribution in the manner provided by annex to this Minute during the term on which the application of compensatory measure was extended from the date of entering of decision of Commission on extension of compensatory measure to the legal force.

      175. Upon the application of the interested person, in the case if after introduction of compensatory measure passed at least 1 year, or on the initiative of the body, conducting the investigations may be conducted the reinvestigation for the purposes of determination of feasibility of continuation of application of compensatory measure and (or) its revision (as well as revision of individual amount of the rate of compensatory duty) in connection with the changed circumstances.

      Depending on the purposes of filing of application on conducting of reinvestigation, such application shall contain the evidences that in connection with the changed circumstances of:

      continuation of application of compensatory measure is not required for counteraction to the subsidized import and elimination of damage to the branch of economy of the member states due to the dumped import;

      the current amount of compensatory measure exceeds the amount, sufficient for counteraction to the subsidized import and elimination of damage to the branch of economy of the member states due to the subsidized import;

      the current compensatory measure is not sufficient for counteraction to the subsidized import and elimination of damage to the branch of economy of the member states due to the dumped import.

      The reinvestigation conducted in accordance with this paragraph shall be completed during 12 months from the date of its commencement.

      176. Provisions of section VI of this Minute concerning provision of evidences and conducting of investigation shall be applied in relation of reinvestigation, provided by paragraphs 172-178 of this Minute in recognition of relevant differences.

      113. Provisions of paragraphs 172-178 of this Minute shall be applied in relation of obligations, adopted by the exporter in accordance with paragraphs 154-163 of this Minute, in recognition of relevant differences.

      178. The reinvestigation may be also conducted for the purposes of establishment of the amount of individual rate of compensatory duty for the exporter, in relation of which the compensatory measure is applied, by the investigation is not conduced for other reasons, that the refusal to cooperate. Such reinvestigation may be initiated by the body, conducting the investigations upon the application of the specified exporter.

8. Establishment of evasion of compensatory measure

      179. For the purposes of this section the evasion of compensatory measure shall be regarded as the change of the method of supplies of goods for evasion from the payment of compensatory duty or from execution of accepted voluntary obligations.

      180. The reinvestigation for the purposes of establishment of evasion of compensatory measure may be initiated upon the application of the interested person or on its own initiative of body, conducting the investigations.

      181. The application specified in paragraph 180 of this Minute shall contain the evidences:

      1) evasion of compensatory measure;

      2) cancellation of effect of compensatory measure (due to its evasion) on the volumes of production and (or) sale and (or) prices of similar goods in the market of the member states;

      3) preservation of benefit from provision of specific subsidy of the producer and (or) exporter of goods (integrated parts and (or) derivatives of such goods).

      182. The compensatory duty on the integrated parts and (or) derivatives goods, being the subject of subsidized import, imported to the customs territory of the Union from the exporting third country, as well as on goods, being the subject of subsidized import and (or) its integrated parts and (or) derivatives, imported to the customs territory of the Union from other exporting third country, charged in the manner established for collection of preliminary compensatory duties may be introduced by Commission for the period of reinvestigation, conducted in accordance with paragraphs 179-185 of this Minute.

      183. In the case if according to the results of reinvestigation, conducted in accordance with paragraphs 179-185 of this Minute, the evasion of compensatory measure, the amount of compensatory duty, paid in accordance with paragraph 182 of this Minute and in the manner established for collection of preliminary compensatory duty are not established by the body, conducting the investigations shall subject to return to in the manner provided by annex to this Minute.

      The body conducting the investigation shall timely inform the customs bodies of the member states that the evasion of compensatory measure is not established.

      184. The compensatory measure in the case of establishment of evasion of compensatory measure may be distributed to the integrated parts and (or) derivatives foods, being the subject of subsidized import, imported to the customs territory of the Union from the exporting third country, as well as on the goods, being the subject of subsidized import and (or) its integrated parts and (or) derivatives, imported to the customs territory of the Union from other exporting third country according to the results of reinvestigation, conducted in accordance with paragraphs 179-185 of this Minute. The amounts of compensatory duties, paid in the manner established for collection of preliminary compensatory duties shall subject to crediting and distribution in the manner provided by annex to this Minute from the date of entering of decision of Commission on introduction of compensatory measure, specified in this paragraph into legal force.

      185. The reinvestigation for the purposes of establishment of evasion of compensatory measure shall be completed during 9 months from the date of its commencement.

VI. Conducting of investigations
1. The grounds for conducting of investigations

      186. The investigation for the purposes of establishment of existence of increased import and serious damage to the branch of economy of the member states or a threat of its causing conditioned by it, as well as for the purposes of establishment of dumped or subsidized import and material damage to the branch of economy of the member states conditioned by them, the threat of its causing or significant slowdown of creation of the branch of economy of the member states shall be conducted by the body, conducting the investigations on the basis of application in written form or on its own initiative.

      187. The application, specified in paragraph 186 of this Minute shall be filed:

      1) to the producers of similar or directly competitive goods (upon filing of statement on application of special protective measure) or similar goods (upon filing of statement on application of antidumping or compensatory measure) in the member states or its authorized representatives;

      2) association of producers, the number of participants of which includes the producers of essential part, but not less than 25 percent from the total volume of production of similar or directly competitive goods (upon filing of statement on application of special protective measure) or similar goods (upon filing of statement on application of antidumping or compensatory measure) in the member states or authorized representatives of such association.

      188. Authorized representatives of producers and associations, specified in paragraph 187 of this Minute shall have the properly formed powers, approved by the documents, originals of which are presented to the body, conducting the investigations together with the application.

      189. The evidences of support of application by the producers of similar or directly competitive or similar goods in the member states shall be attached to the application, specified in paragraph 186 of this Minute.

      Sufficient evidences to support the application shall be:

      1) the documents on accession of other producers of similar or directly competitive goods in the member states, producing the essential part, but not less than 25 percent from the total volume of production of similar or directly competitive goods in the member states (upon filing of the statement on application of special protective measure) to the application;

      2) the documents, approving that the share of production of similar goods by the producers in the member states (as well as applicant), expressed in support of application, consists not less than 25 percent from the total volume of production of similar goods in the member states upon condition, that the volume of production of similar goods by producers in the member states (as well as applicant), expressed in support of application, consists more than 50 percent from the volume of production of similar goods by producers in the member states, expressed its opinion (support or disagreement) concerning the application (upon filing of the statement on application of antidumping or compensatory measure).

      190. The application, specified in paragraph 186 of this Minute shall contain:

      1) details on applicant, on volume of production in the quantitative or value terms of similar or directly competitive goods (upon filing of the statement on application of special protective measure), similar goods (upon filing of the statement on application of antidumping or compensatory measure) by the branch of economy of the member states during 3 years, directly preceding the date of filing of statement, as well as on volume of production in the in the quantitative or value terms of similar or directly competitive goods (upon filing of the statement on application of special protective measure), or similar goods (upon filing of the statement on application of antidumping or compensatory measure) by the producers in the member states, supported the statement, and on their share in the total volume of production in the member states of similar or directly competitive goods (upon filing of the statement on application of special protective measure), or similar goods (upon filing of the statement on application of antidumping or compensatory measure);

      2) a description of the goods imported into the customs territory of the Union in respect of which it is proposed to introduce a special safeguard, anti-dumping or countervailing measure, indicating the code of the EAEU Commodity Nomenclature of Foreign Economic Activity;

      3) the names of the exporting third countries of origin or departure of the goods referred to in sub-paragraph 2 of this paragraph, based on customs statistics;

      4) details on known producers and (or) exporters of goods, specified in subparagraph 2 of this paragraph, in the exporting third country and on known importers and basic known consumers of these goods in the member states;

      5) details on the changes of volume of import of goods to the customs territory of the Union, in relation of which it is proposed to introduce the special protective, antidumping or compensatory measure, for the preceding period, as well as for the subsequent period, for which the representative statistical data are available on the date of filing of statement;

      6) details on the change of volume of export of similar or directly competitive goods (upon filing of statement on application of special protective measure) or similar goods (upon filing of statement on application of antidumping or compensatory measure) from the customs territory of the Union for the preceding period, as well as for the subsequent period, for which the representative statistical data are available on the date of filing of statement.

      Footnote. Paragraph 190 as amended by Law of the Republic of Kazakhstan No. 6-VII of 15.02.2021.

      191. Together with details, specified in paragraph 190 of this Minute, depending on the measure proposed by the applicant in the statement shall be specified:

      1) the evidences of existence of increased import of goods, the evidences of existence of serious damage to the branch of economy of the member states or the threat of its causing due to the increased import of goods, proposal on introduction of special protective measure with specification of the amount and term of validity of such measure and plan of measures on adaptation of the branch of economy of the member states to the work in the conditions of foreign competition during the term of validity, proposed by the applicant of special protective measure (upon filing of the statement on application of special protective measure);

      2) details on export price and normal value of goods, the evidences on existence of material damage to the branch of economy of the member states, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states due to the dumped import of goods, as well as proposal on introduction of antidumping measure with specification of its amount and term of validity (upon filing of the statement on application of antidumping measure);

      3) details on existence and nature of specific subsidy of exporting third country and, if possible, on its amount, the evidences on existence of material damage to the branch of economy of the member states, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states due to the subsidized import of goods, as well as proposal on introduction of compensatory measure with specification of its amount and term of validity (upon filing of statement on application of compensatory measure).

      192. The evidences of existence of serious damage to the branch of economy of the member states or the threat of its causing (upon filing of the statement on application of special protective measure) and the evidences of existence of material damage to the branch of economy of the member states, or the threat of its casing, or significant slowdown of creation of the branch of economy of the member states due to the dumped import or subsidized import (upon filing of the statement on application of antidumping measure or compensatory measure) shall be based on the objective factors, which characterize the economic position of the branch of economy of the member states and shall be expressed in the quantitative and (or) value indicators for the preceding period, as well as for the subsequent period, for which the representative statistical data are available on the date of filing of statement (as well as the data on volume of production of goods and volume of its sale, share of goods in the market of the member states, the cost of production of goods, price of goods, capacity rate, employment, labour productivity, the amount of profit, production profitability, volume of investments to the branch of economy of the member states).

      193. Details presented in application shall be accompanied by a reference to their source.

      194. Upon specification of indicators, contained in the statement, the unified monetary and quantitative units shall be used for the purposes of comparability.

      195. Details contained in the statement shall be certified by the heads of producers, presented such details, as well as their employees, responsible for bookkeeping and accounts, in a part, concerning details, directly relating to these producers.

      196. The statement with annex of its non-confidential version (if the statement contains confidential information) shall be presented to the body, conducting the investigations in accordance with paragraph 8 of this Minute and shall subject to registration on the date of receipt of the statement to this body.

      197. The date of filing of the statement shall be considered the date of its registration in the body conducting the investigations.

      198. The statement on application of special protective, antidumping or compensatory measure shall be rejected on the following grounds:

      nonpresentation of materials, specified in paragraphs 189-191 of this Minute upon filing of the statement;

      unreliability of materials, presented by the applicant, provided in paragraphs 189-191 of this Minute;

      nonpresentation of non-confidential version of the statement.

      Rejection of the statement on other grounds shall not be allowed.

2. Initiation of an investigation and its conducting

      199. The body conducting the investigations shall inform the exporting third country on receipts of the statement on application of antidumping or compensatory measure, prepared in accordance with paragraphs 187-196 of this Minute in written form before adoption of decision on initiation of investigation.

      200. The body conducting the investigations shall study the adequacy and reliability of evidences and details, contained in the statement in accordance with paragraphs 189-191 of this Minute during 30 calendar days from the date of registration of the statement before adoption of decision on initiation of investigation. This period may be extended in the case of necessity of reception of additional details by the body conducting the investigations, but shall not exceed 60 calendar days.

      201. The statement may be revoked by the applicant before the initiation of investigation or in the course of its conducting.

      In the case of investigations pursuant to paragraphs 110, 111, 114 to 120, 175, and 179 to 185 of this Minute, the application may be withdrawn by the complainant either before or during the investigation, but no later than the date the investigating authority is informed, pursuant to paragraphs 224 and 230 of this Minute, of the principal findings of the investigation by the person concerned.

      The statement shall be considered as unfiled, if it is revoked before initiation of investigation.

      In the case if the statement is revoked in the course of conducting of investigation, the investigation shall be terminated without introduction of special protective, antidumping or compensatory measure.

      Footnote. Paragraph 201 as amended by Law of the RK No. 6-VII of 15.02.2021.

      202. The details, contained in the statement shall not subject to the public disclosure before adoption of decision on initiation of investigation.

      203. The body conducting the investigations shall adopt the decision on initiation of investigation or on refusal of its conducting before expiration of the term, specified in paragraph 200 of this Minute.

      204. When a decision to launch an investigation has been taken, the investigating authority shall notify in writing the competent authority of the exporting third country as well as other interested parties known to it of the decision taken and shall ensure that, within no more than 10 working days from the date of the decision taken, the notification of the launch of the investigation is published on the official website of the Union on the Internet.

      Footnote. Paragraph 204 as amended by Law of the RK No. 6-VII of 15.02.2021.

      205. The date of publication of notification on initiation of investigation on the official site of the Union and in the Internet shall be recognized the date of initiation of investigation.

      206. The body conducting the investigations may adopt decision on initiation of investigation (as well as on its own initiative) only in the case, if there are the evidences on existence of increased import and serious damage to the branch of economy of the member states conditioned by it or the threat of its causing or existence of dumped or subsidized import and material damage to the branch of economy of the member states conditioned by it, the threat of its causing or significant slowdown of creation of the branch of economy of the member states.

      In the case if available evidences are insufficient, such investigation may not be initiated.

      207. Decision on refusal in conducting of investigation shall be adopted in the case, if the body conducting the investigation, according to the results of consideration of the statement revealed that details, presented in accordance with paragraphs 190-191 of this Minute shall certify on existence of increased, dumped or subsidized import of goods to the customs territory of the Union and (or) material damage to the branch of economy of the member states conditioned by them, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states due to the dumped or subsidized import or on existence of serious damage to the branch of economy of the member states or the threat of its causing due to the increased import to the customs territory of the Union.

      208. Upon adoption of decision on refusal in conducting of investigation, the body conducting the investigations shall inform the applicant on the reason of refusal in conducting of investigation in written form in the term not more than 10 calendar days from the date of adoption of such decision.

      209. The interested persons shall have a right to apply on its intention to participate in investigation in written form and term, established by this Minute. They are recognized as participants of investigation from the date of registration of the statement on intention to participate in the investigation by the body conducting the investigations.

      An applicant and producers in the member states, expressed in support of the statement shall be recognized as participants of investigation from the date of initiation of investigation.

      210. The interested persons shall have a right to present the details (as well as the confidential information) with specification of the source of reception of such details, necessary for conducting of investigations in the term, not violated the course of investigation.

      211. The body conducting the investigations shall have a right to request the details for the purposes of investigation.

      The requests may be directed to other organizations in the member states.

      The specified requests shall be directed by the head (deputy of the head) of the body conducted the investigations.

      The request shall be considered as received by the interested person from the date of its transfer to the authorized representative of interested person or upon expiration of 7 calendar days from the date of sending a request by mail.

      The response of the interested person shall be presented to the body, conducting the investigations not later than 30 calendar days from the date of reception of request.

      The response shall be considered as received by the body conducting the investigations, if it is received to the body conducting the investigations not later than 7 calendar days from the date of expiration of the term, specified in the fifth item of this paragraph.

      Details presented by the interested person upon expiration of the specified term may be taken into account by the body conducting the investigations.

      The term of presentation of response may be extended by the body conducting the investigations according to the request, motivated and stated in written form.

      212. In the case if the interested person refuses to the body conducting the investigations in provision of necessary information, does not provide it in the established term or provide unreliable information, thus essentially making the conducting of investigation difficult, this interested person shall be recognized as uncooperative and preliminary or final conclusion may be made by the body conducting the investigations on the basis of available information.

      Non-provision of requested information in the electronic form or in the electronic format, determined in the request of the body, conducting the investigations shall not be regarded by the body conducting the investigations as refusal from cooperation upon condition that the relevant interested person may prove that full execution of criteria of provision of information, determined in the request of the body, conducting the investigations is impossible or related with significant material charges.

      In the case if the body conducting the investigations does not consider the information provided by the interested person, by reasons other than specified in the first item of this paragraph, this person shall be informed of the reasons and grounds of adoption of such decision and he (she) shall be made the opportunity to make the comments in this connection in the term, determined by the body conducting the investigations.

      If upon preparation of preliminary or final conclusion of the body conducting the investigations, including determination of normal value of goods (upon conducting of antidumping investigation), the provisions of first item of this paragraph are applied and the information is used (as well as provided by the applicant), the information used upon preparation of such conclusions shall be verified with the use of available information, received from the third party sources or from the interested persons, upon condition, that conducting of such verification does not make the course of investigation difficult and does not lead to violation of the terms of its conducting.

      213. The body conducting the investigations shall direct the copies of the statement or its non-confidential version (in the case if the statement contains the confidential information) to the authorized body of exporting third country and known exporters, as well as provide such copies to other interested persons at their request in short time from the date of adoption of decision on commencement of antidumping or compensatory investigation.

      In the case if the number of known exporters is large, the copy of the statement or its non-confidential version shall be directed only to the authorized body of exporting third country.

      The body conducting the investigations shall provide the copies of the statement or its non-confidential version (in the case if the statement contains the confidential information) to the participants of special protective investigation at their request.

      In the course of investigation, the body conducting the investigations shall provide an opportunity to make acquainted with details, provided in written form by any interested person as the evidences, relating to the subject of investigation to the participants of investigation on their request in recognition of necessity of protection of confidential information.

      In the course of investigation the body conducting the investigations shall provide an opportunity to make acquainted with other details, concerning the investigation and used by them in the course of investigation, but not being confidential information to the participants of investigation.

      214. The body conducting the investigations shall conduct consultations on the subject of conducted investigation at the request of interested persons.

      214. In the course of investigation all interested persons shall be provided an opportunity to protect their interests. For this purpose the body conducting the investigations shall provide the opportunity to all interested persons at their request to meet in order that they may present opposing viewpoints and offer a rebuttal. Such possibility shall be provided in recognition of observation of confidentiality of information. All interested persons shall not be obliged to present at the meeting, and the absence of any of the interested person does not entail causing of damage to its interests.

      216. The consumers, using the goods, being the object of investigation in the manufacturing of products, representatives of public associations of consumers, bodies of the state power (administration), local government bodies, as well as other persons shall have a right to present the details that are relevant to the investigation to the body conducting the investigations.

      217. The term of conducting the investigation shall not exceed:

      1) 9 months from the date of commencement of investigation on the basis of the statement on application of special protective measure. This term may be extended by the body, conducting the investigations, but not more than 3 months;

      2) 12 months from the date of commencement of investigation on the basis of the statement on application of antidumping or compensatory measure. This term may be extended by the body, conducting the investigations but not more than 6 months.

      218. Conducting of investigation shall not prevent the commission of customs operations in relation of goods, being the object of investigation.

      219. The date of completion of investigation shall be the date of consideration of the report by the Commission according to the results of investigation and project of act of the Commission, specified in paragraph 5 of this Minute.

      In the case if the body conducting the investigations made the final conclusion on the absence of the grounds for application, revision or cancellation of special protective, antidumping or compensatory measure, the date of completion of investigation shall be recognized the date of publication of the relevant notification by the body conducting the investigations.

      In the case of introduction of preliminary special duty, preliminary antidumping duty or preliminary compensatory duty, the investigation shall be completed before the expire of validity of relevant preliminary duty.

      220. In the case if the body conducting the investigations, in the course of investigation, establishes the absence of the grounds, provided by the second or third item of paragraph 3 of this Minute, the investigation shall be completed without introduction of special protective, antidumping or compensatory measure.

      221. In the case if during 2 calendar days, directly preceding the date of commencement of investigation, one of the producer, supported the statement, specified in paragraph 186 of this Minute (in recognition of inclusion it to the group of persons within the meaning of section XIII of Agreement) has such share of production of similar or directly competitive goods (upon conducting of investigation, preceding the application of special protective measure) or similar goods (upon conducting of investigation, preceding the application of antidumping or compensatory measure) in the customs territory of the Union, upon which in accordance with the method of assessment of the state of competition, approved by the Commission, the position of this producer (in recognition of inclusion it to the group of persons) on the relevant trade market of the Union may be recognized as dominant, the structure subdivision of Commission, authorized in the scope of control of observation of general rules of competition on the cross-border markets shall make an assessment of consequences of influence of special protective, antidumping or compensatory measure on the competition in the relevant trade market of the Union at the request of the body conducting the investigations.

3. Features of conducting of the antidumping investigation

      222. Antidumping investigation shall be terminated without introduction of antidumping measure, if the body conducting the investigations establishes that the margin of dumping is less than the minimum allowable margin of dumping or the volume of occurred or possible dumped import, or the amount of material damage conditioned by this import, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states shall be insignificant.

      Upon that under the minimum of allowable margin of dumping shall be regarded as the margin of dumping, the amount of which does not exceed 2 percent.

      223. The volume of dumped import from the determined exporting third country shall be insignificant, if it is less than 3 percent from the total volume of import of goods, being the object of investigation, to the customs territory of the Union, upon condition that the exporting third country, the individual share of each of which in the total volume of import consists less than 3 percent from the total volume of import of goods, being the object of investigation to the customs territory of the Union that in case of accumulation has not more than 7 percent from the total volume of import of goods, being the object of investigation to the customs territory of the Union.

      224. The body conducting the investigations shall inform the interested persons on main findings, made according to the results of investigation before adoption of decision according to the results of antidumping investigation, in recognition of necessity of protection of confidential information and provide an opportunity to make its comments.

      The term of provision of comments of the interested persons shall be established by the body conducting the investigations, but may not be less than 15 calendar days.

4. Features of conducting of compensatory investigation

      225. The body conducting the investigations shall offer to conduct consultations for the purposes of specification of situation concerning the existence, amount and consequences of provision of supposed specific subsidy and achievement of mutually acceptable decision to the authorized body of exporting third country, from which the goods, in relation of which it is proposed to introduce a compensatory measure, are exported after acceptance of the statement for consideration and before adoption of decision on commencement of investigation.

      Such consultations may be continued in the course of investigation

      226. Conducting of consultation, specified in paragraph 225 of this Minute shall not prevent to adopt a decision on commencement of investigation and application of compensatory measure.

      227. Compensatory investigation shall be terminated without introduction of compensatory measure, if the body conducting the investigations establishes that the amount of specific subsidy of exporting third country is minimum or the volume of occurred or possible subsidized import, or the amount of material damage to the branch of economy of the member states conditioned by this import, or the threat of its causing or significant slowdown of creation of the branch of economy of the member states is insignificant.

      228. The amount of specific subsidy shall be recognized as minimum, if it consists less than 1 percent from the cost of goods, being the object of investigation.

      The volume of subsidized import, as a rule shall be recognized as insignificant, if it consists less than 1 percent from the total volume of import of similar goods to the customs territory of the Union upon condition that the exporting third country, individual share of each of which in the import consists less than 1 percent from the total volume of import of similar goods to the customs territory of the Union, in case of accumulation has not more than 3 percent from the total volume of import of similar goods to the customs territory of the Union.

      229. Compensatory investigation in relation of goods, being the subject of subsidized import and originating from the developing or least developed third country-user of the system of tariff preferences of the Union shall be terminated in the case if the body conducting the investigations establishes that the total volume of specific subsidies of exporting third country, provided in relation of these goods does not exceed 2 percent of its value per unit of goods or share of import of these goods from such third country in the total volume of import of these goods to the customs territory of the Union consists less than 4 percent upon condition, that the total share in the import of these goods to the customs territory of the Union from the developing or least developed countries, the share of each of which has less than 4 percent from the total volume of import of these goods to the customs territory of the Union does not exceed 9 percent from the total volume of import of these goods to the customs territory of the Union.

      230. The body conducting the investigations shall inform all interested persons on main findings, made in the course of investigation according to the results of compensatory investigation before adoption of decision in recognition of necessity of protection of confidential information and provide the opportunity to make their comments.

      The term of provision of comments of interested persons shall be established by the body conducting the investigations, but may not be less than 15 calendar days.

5. Features of determination of the branch of economy of the
member states in the case of dumped or subsidized import

      231. Upon conducting of antidumping or compensatory investigation, the branch of economy of the member states shall have the meaning, established by Article 49 of Agreement, except for the cases, specified in paragraphs 232 and 233 of this Minute.

      232. In the case if producers of similar goods in the member states are also the importers of goods, supposedly being the subject of dumped or subsidized import, or related with exporters or importers of goods, supposedly being the subject of dumped or subsidized import, under the branch of economy of the member states may be regarded only other producers of similar goods in the member states.

      Producers of similar goods in the member states shall be considered as related with exporters or importers of goods, supposedly being the subject of dumped or subsidized import in the case if:

      the separate producers of similar goods in the member states directly or indirectly control the exporters or importers of goods, being the object of investigation;

      the separate exporters or importers of goods, being the object of investigation directly or indirectly control producers of similar goods in the member states;

      the separate producers of similar goods in the member states and exporter of importers of goods being the object of investigation, are directly or indirectly controlled by a third person;

      the separate producers of similar goods in the member states and foreign producers, exporters or importers of goods, being the object of investigation, directly or indirectly control the third person upon condition that the body conducting the investigations has reasons to suppose that behavior of these producers different from unrelated persons is conditioned by such relation.

      233. In the exceptional cases upon determination of the branch of economy of the member states, the territory of these states may be considered as the territory, on which there are 2 or more territorially detached competitive markets, and producers in the member states within one of the specified markets may be considered as the separate branch of economy of the member states, if such producers sell in this market for the purposes of consumption or processing at least 80 percent of similar goods, produced by them, and the demand in this market on the similar goods is not satisfied to a significant extend by the producers of these goods, located in the rest territory of the member states.

      In these cases the existence of material damage of the branch of the member states, the threat of its causing or significant slowdown of creation of the branch of economy of the member states due to the dumped or subsidized import may be established, even if the damage is not caused to the main part of the branch of economy of the member states, upon condition that the sale of goods, being the subject of dumped or subsidized import concentrates on one of the specified competitive markets, and dumped or subsidized import causes the damage to all or almost all producers of similar goods in the member states within one of such market.

      234. In the case if the branch of economy of the member states has the meaning, established by paragraph 233 of this Minute, and according to the results of investigation the decision on application of antidumping or compensatory measure is adopted, such measure may be applied in relation of all import of goods to the customs territory of the Union.

      In the specified case the antidumping or compensatory duty shall be introduced only after provision of an opportunity to stop the export of these goods to this territory on dumping prices (upon dumped import) or on subsidized prices (upon subsidized import) by the body conducting the investigations to the exporters of goods or accept the relevant obligations in relation of conditions of export to the customs territory of the Union upon condition that such opportunity was not used by the exporters.

6. Public hearings

      235. The body conducting the investigations shall provide conducting of public hearings on the basis of application, presented by any of participants of investigation in written form and the term, established by this Minute.

      236. The body conducting the investigations shall be obliged to direct a notification on time and place of conducting of public hearings, as well as the list of issues, considered in the course of conducting of public hearings to the participants of investigation.

      The date of conducting of public hearings shall be appointed not early than 15 calendar days from the date of direction of relevant notification.

      237. Participants of investigation or their representatives, as well as persons, involved by them for the purposes of provision of available details, relating to investigation shall have a right to participate in the public hearings.

      In the course of public hearings the participants of investigation may express their views and provided the evidences relating to the investigation. Representative of the body, conducting the investigations shall have a right to ask the questions, concerning the matter of facts reported by them to the participants of public hearings. Participants of investigation shall also have a right to ask the questions to each other and shall be obliged to reply to them. Participants of public hearings shall not be obliged to disclose information, recognized as confidential.

      238. Details provided in the course of public hearings orally shall be taken into account in the course of investigation, if during 15 calendar days after the date of conducting of public hearings they were provided by the participants of investigation to the body conducting the investigations in written form.

7. Collection of information in the course of investigation

      239. After adoption of decision on commencement of antidumping or compensatory investigation, the body conducting the investigations shall direct the list of questions, on which they have to answer to the known exporters and (or) producers of goods, being the object of investigation.

      The list of issues shall be also directed to the producers of similar or directly competitive goods (in the case of conducting of special protective investigation) or similar goods (in the case of conducting of antidumping or compensatory investigation) in the member states.

      In the case of necessity, the list of issues may be also directed to the importers and consumers of goods, being the object of investigation.

      240. The persons, specified in paragraph 239 of this Minute, to which the list of questions was directed shall be obliged to present their responses to the body conducting the investigations during 30 calendar days from the date of its reception.

      At the motivated and stated in written form request of persons, specified in paragraph 239 of this Minute, this term may be extended by the body, conducting the investigations, not more than 14 calendar days.

      241. The list of issues shall be considered as received by the exporter and (or) producer of goods from the date of transfer directly to the representative of exporter and (or) producer or through 7 calendar days from the date of mailing.

      The responses for the questions, included to the list shall be considered as received by the body conducting the investigations, if they are received to the body conducting the investigations, in the confidential and non-confidential version not later than 7 calendar days from the date of expiration of 30-days term, specified in paragraph 240 of this Minute or from the date of expiration of the term of extension.

      242. The body conducting the investigations shall be convinced of the accuracy and reliability of information presented by the interested persons in the course of investigation.

      For the purposes of verification of information, presented in the course of investigation, or reception of additional information, related with conducted investigation, in the case of necessity, the body conducting the investigations may conduct verification:

      in the territory of third country upon condition of reception of the consent of relevant foreign exporters and (or) producers of goods, being the object of investigation, and absence of objections from a third country, which was officially notified on coming verification;

      on the territory of the Member State, subject to the consent of the importers of the goods which are the subject of the investigation and/or the manufacturers of similar or directly competitive goods (in the case of a special protection investigation) or similar goods (in the case of an anti-dumping or countervailing investigation) concerned.

      Verification shall be carried out after reception of responses to the lists of questions, directed in accordance with paragraph 239 of this Minute, except for the cases, when the foreign producer or exporter voluntary agrees to conduct verifications before direction of these responses and in the absence of objection from the relevant third country.

      After reception of the consent of relevant participants of investigation and before commencement of verification, the list of documents and materials that shall be presented to the employees, directed for conducting of verification shall be directed to them. The body conducting the investigations shall notify a third country on addresses and names of foreign exporters or producers, which plan to verify, as well as on dates of conducting of such verifications.

      In the course of verification may be requested other documents and materials, necessary for approval of reliability of information, presented in the responses to the list of issues.

      In the case if upon conducting of verification, the body conducting the investigations is intended to involve experts, not being the employees of this body for such verification, participants of investigation, in relation of which it is supposed to carry out verification activities shall be notified in advance on such decision of the body conducting the investigations. Participation of such experts in verification shall be allowed only in the existence of possibility of application of sanctions for violation by them of confidentiality of information, received in connection with verification.

      Footnote. Paragraph 242 as amended by Law of the RK No. 6-VII of 15.02.2021.

      243. For the purposes of verification of information, presented in the course of investigation or reception of additional information, related with conducted investigation, the body conducting the investigations shall have a right to direct their representatives to the location of interested persons, conduct collection of information, consultations and negotiations with the interested persons, get acquainted with the samples of goods and take other actions, necessary for conducting of investigation.

8. Provision of information by the authorized bodies
of the member states, diplomatic and trade
representatives of the member states

      244. For the purposes of subsection under the authorized bodies of the member states shall be regarded the bodies of the state power (administration) and territorial (local) bodies of the state power (administration) of the member states, authorized in the field of customs case, statistics, taxation, registration of legal entities and in other fields.

      245. Authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries shall provide information, provided by this Minute, necessary for the initiation and conducting of special protective, antidumping and compensatory investigations (as well as repeated), preparation of suggestions according to the results of conducted investigations, monitoring of effectiveness of imported special protective, antidumping and compensatory measures and control of observation of obligations, approved by the Commission, to the body conducting the investigations at its request.

      246. Authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries shall be obliged to:

      1) present available details or notify on impossibility of presentation of details with specification of reasons of refusal during 30 calendar days from the date of reception of request of the body, conducting the investigations. The requested details shall be presented within a short time at the motivated request of the body conducting the investigations;

      2) ensure the completeness and reliability of presented details and if it is necessary to present the relevant additions and amendments on an operational basis.

      247. Authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries within their competence shall present information on requested time periods to the body conducting the investigations, including:

      1) statistical data on foreign trade;

      2) data from declarations to the goods with breakdown on the customs procedures with specification of natural and value indicators of import (export) of goods, commercial name of goods, conditions of supply, countries of origin (country of departure, country of destination), names and other account credentials of sender and recipient;

      3) information on domestic market of goods, being the object of investigations, and relevant branch of economy of the member states (as well as data on volumes of production of goods, capacity utilization, sale of goods, the cost of goods, profits and losses of national enterprises of the member states, prices of goods in the domestic market of the member states, production profitability, staff number, investments, list of producers of goods);

      4) information on assessment of consequences of possible introduction or non-introduction of special protective, antidumping or compensatory measure according to the results of relevant investigation on the market of goods, being the object of investigation, of the member states, as well as prediction of productive activity of national enterprises of the member states.

      248. The list of information, specified in paragraph 247 of this Minute shall not be exhaustive. If it is necessary, the body conducting the investigations shall have a right to request other information.

      249. Correspondence relating to implementation of this subsection and presentation of information at the request of body, conducting the investigations shall be carried out in Russian language. On the separate requisites (indicators), contained the foreign names shall be allowed the provision of information with the use of Latin letters.

      250. Presentation of information shall be carried out preferentially on the electronic media. In the absence of possibility of presentation of information on the electronic media it is transferred on the paper medium. Information which is requested in the table form (statistical and customs information) shall be presented in the format, specified in the request of the body conducting the investigations. In the case if presentation of information in this format is impossible, the authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries shall notify the body conducting the investigations and present the requested information in other format.

      251. The requested to the authorized bodies of the member states, diplomatic and trade representatives of the member states in the third countries on provision of information shall be formed in written form on the form of the body conducting the investigations with specification of purpose, legal grounds and term of provision of information and signed by the head (deputy of the head) of body conducting the investigations.

      252. Information at the requests of the body conducting the investigations shall be provided by the authorized bodies of the member states, diplomatic and trade representatives of the member states in third countries on a grant basis.

      253. Transfer of information shall be carried out by the use of means, available at the time of transfer and coordinated between exchanging bodies, and ensuring the safety and protection of information from illegal access. In the case of direction of information by fax, the original document shall be also directed by mail.

9. Confidential information

      254. Information, referred by the legislation of the member state to the confidential (including commercial, tax and other confidential information), except for the state secret (state secrets), or to the service information of limited distribution shall be presented to the body conducting the investigations with observation of requirements, established by the legislation of the member states in relation of such information.

      The body conducting the investigations shall ensure the necessary level of protection of such information.

      255. Information, presented by the interested person to the body conducting the investigations shall be considered as confidential upon presentation of grounds by this person, certifying that disclosure of such information provides competitive advantage to a third person or involves the adverse effects for the person, presented such information or for the person that has such information.

      256. Interested persons, presented confidential information shall be obliged together with it present non-confidential version of such information.

      Non-confidential information shall be sufficient to understand the subject of information, presented in the confidential form.

      In the exceptional cases when the interested person may not present non-confidential version of confidential information, it shall present the ground, detailing the reasons, on which presentation of non-confidential information is impossible.

      257. In the case if the body conducting the investigations establishes that the grounds, presented by the interested persons do not allow to refer the presented information to confidential, or the interested person, not presented non-confidential version of confidential information does not present the ground of impossibility of provision of confidential information in the non-confidential form or present details, which are not the ground, the body conducting the investigations may not consider such information.

      258. The body conducting the investigations shall be obliged not to disclose and not to transfer the confidential information without written consent of the interested person, presented such information or the authorized bodies of the member states, specified in paragraph 244 of this Minute and diplomatic and trade representatives of the member states in the third countries to the third persons.

      Civil servants and employees of the body conducting the investigations may be deprived of the privileges and immunities, provided by international treaty within the Union on privileges and immunities, and brought to responsibility in the manner approved by the Commission for disclosure, use for the purposes of deriving of personal profit, other unauthorized use of confidential information, presented to the body conducting the investigations by the applicants, participants of investigations, interested persons or authorized bodies of the member states, specified in paragraph 244 of this Minute, diplomatic and trade representatives of the member states in the third countries for the purposes of conducting of investigation.

      This Minute shall not prevent to disclosure of information, contained the reasons, underlying of adoption of decisions of Commission, or the evidences, on which the Commission is relied, to the extent that it is necessary to explain those reasons or evidences before the Court of the Union.

      Procedure of the use and protection of confidential information in the body conducting the investigations shall be approved by the Commission.

10. The interested persons

      259. The interested persons upon conducting of investigation shall be:

      1) producer of similar or directly competitive goods (upon conducting of special protective investigation) or similar goods (upon conducting of antidumping or compensatory investigation) in the member states;

      2) association of producers, majority of participants of which are producers of similar or directly competitive goods (upon conducting of special protective investigation) or similar goods (upon conducting of antidumping or compensatory investigation) in the member states;

      3) association of producers, participants of which carry out production of more than 25 percent from the total volume of production of similar or directly competitive goods (upon conducting of special protective investigation) or similar goods (upon conducting of antidumping or compensatory investigation) in the member states;

      4) exporter, foreign producer or importer of goods, being the object of investigation, and association of foreign producers, exporters or importers of goods, the essential part of participants of which are producers, exporters or importers of these goods from exporting third country or the country of origin of goods;

      5) authorized body of exporting third country or country of origin of goods;

      6) consumers of goods, being the object of investigation (if they use these goods upon production of products) and associations of such consumers in the member states;

      7) public associations of consumers (if the goods are the subject of consumption preferentially by the individuals).

      260. The interested persons shall act in the course of investigation independently or through their representatives, who properly have the formalized powers.

      If the interested person in the course of investigation acts through the authorized representative, the body conducting the investigations shall bring to the notice of the interested person all information on subject of investigation only through this representative.

      11. Notifications on decisions, adopted in connection with investigations

      261. The body conducting the investigations shall publish the following notifications on decisions, adopted in connection with investigations on the official site of the Union in the Internet:

      on commencement of investigation;

      on introduction of preliminary special, preliminary antidumping or preliminary compensatory duty;

      on possible application of antidumping duty in accordance with paragraph 104 of this Minute or possible application of compensatory duty in accordance with paragraph 169 of this Minute;

      on completion of special protective investigation;

      on completion of investigation, according to the results of which the body conducting the investigations made the conclusion on existence of grounds for introduction of antidumping or compensatory duty or on feasibility of approval of relevant obligations;

      on completion or suspension of investigation in connection with approval of relevant obligations;

      on completion of investigation, according to the results of which the body conducting the investigations made the conclusion on the absence of the grounds for introduction of special protective, antidumping or compensatory measure;

      on other decisions, adopted in connection with investigations.

      Such notifications shall also directed to the authorized body of exporting third country and other interested persons, known to the body conducting the investigations.

      262. Notification on commencement of investigation shall be published in the term not more than 10 business days from the date of adoption of decision on commencement of investigation by the body conducting the investigations and shall contain:

      1) complete description of goods, being the object of investigation;

      2) the name of exporting third country;

      3) a summary of details, certifying on existence of increased import to the customs territory of the Union and existence of serious damage to the branch of its causing (upon adoption of decision on commencement of special protective investigation);

      4) a summary of details, certifying on existence of dumped or subsidized import and existence of material damage to the branch of economy of the member states, or the threat of its causing, or significant slowdown of creation of the branch of economy of the member states (upon adoption of decision on commencement of antidumping or compensatory investigation);

      5) an address on which the interested persons may direct their opinion and details relating to the investigation;

      6) the term, which consists 25 calendar days and during of which the body conducting the investigations accepts the applications from the interested persons on intention to participate in the investigation;

      7) the term, which consists 25 calendar days and during of which the body conducting the investigations accepts the applications from participants of investigation on conducting of public hearings;

      8) the term, which consists 25 calendar days and during of which the body conducting the investigations accepts the comments and details relating to the investigation from the interested persons in written form.

      263. Notification on introduction of preliminary special, preliminary antidumping or preliminary compensatory duty shall be published in the term not more than 3 business days from the date of adoption of such decision by the Commission and shall contain the following information:

      1) the name of exporter of goods, being the object of investigation, or the name of exporting third country (if the name of exporter is impossible to provide);

      2) description of goods, being the object of investigation, sufficient for carrying out of customs control;

      3) the grounds for favorable conclusion on existence of dumped import with specification of the amount of margin of dumping and description of grounds for selection of methodology of calculation and comparison of normal value of goods and its export price (upon introduction of preliminary antidumping duty);

      4) the grounds for favorable conclusion on existence of subsidized import with description of the fact of existence of subsidy and specification of calculated amount of subsidy on the unit of goods (upon introduction of preliminary compensatory duty);

      5) the grounds for establishment of existence of serious or material damage to the branch of economy of the member states, the threat of its causing or significant slowdown of creation of the branch of economy of the member states;

      6) the grounds for establishment of cause and effect relation between increased import, dumped or subsidized import and correspondingly serious or material damage to the branch of economy of the member states, a threat of its causing or significant slowdown of creation of the branch of economy of the member states;

      7) The grounds for favorable conclusion on existence of increased import (upon introduction of preliminary special duty).

      264. Notification on possible application of antidumping duty in accordance with paragraph 104 of this Minute or notification on possible application of compensatory duty in accordance with paragraph 169 of this Minute shall contain:

      1) description of goods, being the object of investigation, sufficient for carrying out of customs control;

      2) the name of exporter of goods, being the object of investigation, or the name of exporting third country (if the name of exporter is impossible to provide);

      3) a summary of details, certifying on execution of conditions, specified in paragraphs 104 or 169 of this Minute.

      265. Notification on completion of special protective investigation shall be published by the body conducting the investigations in the term not more than 3 business days from the date of completion of investigation and shall contain the main conclusions, which are made by the body conducting the investigations, on the basis of analysis of available information.

      266. Notification on completion of investigation according to the results of which the body conducting the investigations made the conclusion on existence of the grounds for introduction of antidumping or compensatory duty or on feasibility of approval of relevant obligations shall be published in the term not more than 3 business days from the date of completion of investigation and shall contain:

      1) explanation of final conclusion of the body conducting the investigations on the results of investigation;

      2) an indication of the facts, on the basis of which such conclusion is made;

      3) information, specified in paragraph 263 of this Minute;

      4) an indication of the reasons of acceptance or non-acceptance of arguments and requirements of exporters and importers of goods, being the object of investigation in the course of investigation;

      5) an indication of the reasons of adoption of decisions in accordance with paragraphs 48-51 of this Minute.

      267. Notification on completion or suspension of investigation in connection with approval of relevant obligations shall be published in the term not more than 3 business days from the date of completion or suspension of investigation and shall contain non-confidential version of these obligations.

      268. Notification on completion of investigation, according to the results of which the body conducting the investigations made the conclusion on the absence of grounds for introduction of protective, antidumping or compensatory measure shall be published in the term not more than 3 business days from the date of completion of investigation and shall contain:

      1) explanation of final conclusion of the body, conducting the investigations on the results of investigation;

      2) an indication of the facts, on the basis of which the conclusion provided by subparagraph 1 of this paragraph is made.

      269. Notification on completion of investigation according to the results of which the decision on non-application of measure is adopted in accordance with paragraph 272 of this Minute shall be published in the term not more than 3 business days from the date of adoption of such decision and shall contain the explanation of reasons of adoption of decision on non-application of special protective, antidumping or compensatory measure by the Commission with specification of facts and conclusions on the basis of which such decision is adopted.

      270. The body conducting the investigations shall ensure direction of all notifications, provided by the Marrakesh Agreement on establishment of the World trade organization dated 15 April, 1994 in a part of conducted investigations and applied measures to the component bodies of the World trade organization in the established procedure.

      271. Provisions of paragraph 261 – 270 of this Minute in recognition of relevant differences shall be applied to the notifications on commencement and completion of repeated investigations.

VII. Non-application of special protective, antidumping
and compensatory measure

      272. The Commission according to the results may adopt decision on non-application of special protective, antidumping or compensatory measure, even in the case if application of such measure corresponds to the criteria, established by this Minute.

      The specified decision may be adopted by the Commission in the case, if the conclusion on that the application of such measure may cause damage to the interests of the member states is prepared by the body conducting the investigations, according to the results of analysis of all information, provided by the interested persons. Such a decision may be reconsidered if the grounds on which it is based have been changed.

      Footnote. Paragraph 272 as amended by Law of the RK No. 6-VII of 15.02.2021.

      273. The conclusion, specified in the second item of paragraph 272 of this Minute shall be based on the results of aggravate assessment of interests of the branch of economy of the member states, consumers of goods, being the object of investigation (if they use such goods upon production of products), and associations of such consumers in the member states, public associations of consumers (if the goods are the subject of consumption preferentially by the individuals) and importers of these goods. Upon that such conclusion may be made after the possibility to give their comments on this issue is provided to the specified persons in accordance with paragraph 274 of this Minute.

      Upon preparation of such conclusion the special meaning shall be paid to the necessity of elimination of distorting effect of increased, dumped or subsidized import on the ordinary course of the trade and competitive situation on the relevant trade market of the member states and on the position of the branch of economy of the member states.

      274. Producers of similar or directly competitive goods (upon conducting of the special protective investigation) or similar goods (upon conducting of antidumping or compensatory investigation) in the member states, their associations, importers and associations of importers of goods, being the object of investigation, consumers of goods, being the object of investigation (if they use such goods upon production of products), and associations of such consumers in the member states, public associations of consumers (if the goods are the subject of consumption preferentially by individuals) shall have a right to provide their comments and information on this issue during the term, established in the notification, published in accordance with paragraph 262 of this Minute for the purposes of application of provisions of paragraph 272 of this Minute. Such comments and information or their non-confidential version shall be provided for familiarization to other interested persons, specified in this paragraph, which have a right to provide their reply comments, in the appropriate cases.

      Information provided in accordance with this paragraph shall be taken into account irrespective of its source upon condition of existence of objective facts, approving its reliability.

VIII. Final provisions
1. Features of appeal of decisions on application of special
protective, antidumping and compensatory measures
in the judicial procedure

      275. Procedure and features of consideration of cases on challenging of decision of Commission and (or) action (omission) of Commission, related with application of special protective, antidumping and compensatory measures shall be determined by the Statute of the Court of the Union (annex No.2 to Agreement) and regulation of the Court of the Union.

2. Execution of decisions of the Court of the Union

      276. Commission shall apply the necessary measures for execution of decisions of the Court of the Union, relating application of special protective, antidumping and compensatory measures. Decision of Commission, recognized by Court of the Union as not corresponding to the Agreement and (or) international treaties within the Union shall be provided by the Commission in accordance with Agreement and (or) international treaties within the Union by conducting of reinvestigation in a part, necessary for execution of decision of the Court of the Union at the initiative of the body, conducting the investigations.

      Upon conducting of reinvestigation in recognition of relevant differences shall be applied provisions, relating to conducting of investigation.

      The term of conducting of reinvestigation, provided by this paragraph, as a rule, does not exceed 9 months.

3. Administration of procedures of investigation

      277. For the purposes of implementation of this Minute, the Commission shall adopt the decision concerning the procedures of commencement, conducting, completion and (or) suspension of investigation, Adopted decisions of Commission shall not change the provision of Agreement or contradict them.

  Annex
  to Agreement on application of
  special protective, antidumping
  and compensatory measures in
  relation to the third countries

Provision
on crediting and distribution of special,
antidumping, compensatory duties

      Footnote. In the text of the provision, the word "payer" in the appropriate number and case are excluded by Law of the RK No. 50-VII of 14.06.2021.

I. General provisions

      1. This Provision shall determine procedure of crediting and distribution of amounts, established in accordance with section IX of Agreement on Eurasian economic union (hereinafter – Agreement) of special, antidumping, compensatory duties between the member states. The specified procedure shall be also applied in relation of amounts of fines (percent), accrued on the amounts of special, antidumping, compensatory duties in the cases and procedure, provided in accordance with the Customs Code of the Eurasian economic union.

      2. The concepts used in this Provision shall be applied in the meanings, determined by the Minute on procedure of crediting and distribution of amounts of imported customs duties (other duties, taxes and charges, having equivalent effect), their transfer to the income of budgets of the member states (annex No.5 to Agreement), by the Minute on application of special protective, antidumping and compensatory measures in relation to the third countries (annex No.8 to Agreement) and the Customs Code of the Eurasian economic union.

II. Crediting and accounting of amounts of special,
antidumping, compensatory duties

      3. The amounts of special, antidumping, compensatory duties (except for the preliminary special, preliminary antidumping, preliminary compensatory duties), the obligation on payment of which in relation of goods, imported to the customs territory of the Union is occurred from the date of commencement of application of relevant measure shall subject to crediting, distribution and transfer to the budgets of the member states in the manner and according to the standards, which are determined by the Minute on procedure of crediting and distribution of amounts of imported customs duties (other duties, taxes and charges, having equivalent effect), their transfer to the income of budgets of the member states (annex No.5 to Agreement), in recognition of features, established by this Provision, for the purposes of entering of decision of Commission on application of special protective, antidumping, compensatory measure into legal force.

      4. Upon non-transfer or incomplete transfer of amounts of distributed special, antidumping, compensatory duties to the budget of other member states in the established terms and non-reception of information from the authorized bodies of this member state on the absence of amounts of special, antidumping, compensatory duties shall be applied the provisions of paragraphs 20-28 of the Minute on procedure of crediting and distribution of amounts of imported customs duties (other duties, taxes and charges, having equivalent effect), their transfer of amounts of imported customs duties to the income of budgets of the member states (annex No.5 to Agreement), established for crediting and distribution between the member states.

      5. The amounts of special, antidumping, compensatory duties shall subject to crediting in the national currency to the unified account of the authorized body of the member state, in which they are payable in accordance with the Customs Code of the Eurasian economic union, as well as upon collection of such duties.

      6. Special, antidumping, compensatory duties shall be paid by the to the unified account of the authorized body of the member state, in which they are payable in accordance with the Customs Code of the Eurasian economic union, separate calculation (payment) documents (instructions).

      7. Advance payments, export customs duties, taxes and levies, as well as other payments (except for import customs duties), paid in compliance with the legislation of the Member State and received in the unified account of the authorised body may be offset against payment of special, antidumping and countervailing duties.

      Amounts of money received in the unified account of the authorised body as special, anti-dumping and countervailing duties, but not identified by amounts of special, anti-dumping and countervailing duties in respect of specific goods, shall be considered as special, anti-dumping and countervailing duties for the purposes of this Provision.

      When advance payments against special, antidumping and countervailing duties are offset against payments of special, antidumping and countervailing duties based on an instruction of the person who made the advance payments with regard to goods placed under the customs procedure, the offset of such payments on the unified account of the authorised body shall be made in obedience to the legislation of the Member State where special, antidumping and countervailing duties are payable, within 5 working days following the day the customs authority of the Member State releases the goods, and in case the release of goods was performed prior to the submission of the goods declaration - no later than 5 working days from the day following the day the customs authority of the Member State sent the declarant an electronic document or putting the appropriate marks on the goods declaration, filed on paper, and (or) commercial, transport (shipping) documents containing information on the release of goods before the submission of the goods declaration.

      In compliance with the Minute on the Procedure for Crediting and Distribution of Import Customs Duties (other duties, taxes and levies with equivalent effect) and their Transfer to the Budgets of the Member States (Annex No. 5 to the Treaty), the amounts of import customs duties subject to refund in conformity with the Customs Code of the Eurasian Economic Union may be credited against arrears in payment of special, anti-dumping and countervailing duties.

      Footnote. Paragraph 7 – as reworded by Law of the RK No. 50-VII dated 14.06.2021.
      8. Repealed by Law of the RK No. 50-VII of 14.06.2021.

      9. Authorized bodies shall separately consider:

      1) amounts of receipts (refunds, offsets against debts on payment of customs payments and fines (interests) (hereinafter - offset against debts) of special, antidumping and countervailing duties on the unified account of the authorized body;

      2) the amounts of distributed special, antidumping, compensatory duties, transferred to the account in the foreign currency of other member states;

      3) the amounts of revenues from distribution of special, antidumping, compensatory duties by this member state, credited to the budget of the member state;

      4) the amounts of special, antidumping, compensatory duties, received to the budget of the member state from other member states;

      5) the amounts of percent, received to the budget of the member states, for violation of this Provision, entailed non-execution, incomplete and (or) untimely execution of obligations of the member state on transfer of amounts from distribution of special, antidumping, compensatory duties;

      6) the amounts of special, antidumping, compensatory duties, transfer of which to the account in the foreign currency of other member states is suspended.

      Footnote. Paragraph 9 as amended by Law of the RK No. 50-VII of 14.06.2021.

      10. The amounts of revenues, specified in paragraph 9 of this Provision shall be separately recorded in the accounting on execution of budget be each of the member states.

      11. The amounts of special, antidumping, compensatory duties, received on the unified account of the authorized body of the member state for the last business day of calendar year shall be recorded in the report on execution of budget for the reporting year.

      12. The amounts of distributed special, antidumping, compensatory duties for the last business day of calendar year of the member state shall be transferred in the budget of this member state and on the foreign currency account of other member states no later than the second business day of current year of the member state, as well as shall be recorded in the report on execution of budget for the reporting year.

      13. The amounts of incomes from distribution of special, antidumping, compensatory duties, received in the budget of the member state from the authorized bodies of other member states for the last business day of calendar year of other member states shall be recorded in the report on execution of budget for the current year.

      14. Collection may not be recovered on the monetary assets, being in the unified account of the authorized body in the procedure of execution of judicial acts or by any other means, except for the cases of debt collection on payment of customs payments, special, antidumping, compensatory duties, as well as fines (percent) in accordance with the Customs Code of the Eurasian economic union.

      15. Preliminary special, preliminary antidumping, preliminary compensatory duty shall be paid (collected) in the national currency to the account, determined by the legislation of the member states, the preliminary special, preliminary antidumping, preliminary compensatory duty of which are charged by the customs bodies.

      16. In the cases, established by the Minute on application of special protective, antidumping and compensatory measures in relation to the third countries (annex No.8 to Agreement), the amounts of paid (collected) preliminary special, preliminary antidumping, preliminary compensatory duties, as well as the amounts of antidumping, compensatory duties, paid in the manner established for collection of relevant types of preliminary duties shall subject to credit in the special, antidumping, compensatory duties and crediting to the unified account of the authorized body of the member state, in which they were paid not later than 30 business days from the date of entering of relevant decision of the Commission on application (extension, distribution on the component parts and (or) derivative goods) of special, antidumping, compensatory measure in a legal force.

      In the cases, established by the Minute on application of special protective, antidumping and compensatory measures in relation to the third countries (annex No.8 to Agreement), the amounts of ensuring of payment of antidumping duties shall subject to the credit in the antidumping duties and crediting to the unified account of the authorized body of the member state, in which they were paid, not later than 30 business days from the date of entering of relevant decision of the Commission on application of antidumping measure in a legal force.

III. Return of amounts of special, antidumping and
compensatory duties

      17. Return (offset) of the amounts of preliminary special, preliminary antidumping and preliminary countervailing duties, as well as antidumping and countervailing duties, collected in accordance with the procedure established for collection of preliminary antidumping and preliminary countervailing duties, is carried out in accordance with the Customs Code of the Eurasian Economic Union in cases specified in the Protocol on application of special protective, antidumping and countervailing measures in relation to third countries (Annex No. 8 to the Treaty).

      Footnote. Paragraph 17 as reworded by Law of the RK No. 50-VII dated 14.06.2021.

      18. Special, anti-dumping and countervailing duties shall be refunded (offset) in obedience to the Customs Code of the Eurasian Economic Union, subject to this Provision.

      Amounts of special, anti-dumping and countervailing duties to be refunded in compliance with the Customs Code of the Eurasian Economic Union may not be offset against other payments, except for offsetting against debts.

      Footnote. Paragraph 18 as reworded by Law of the RK No. 50-VII dated 14.06.2021.

      19. Return of amounts of special, antidumping, compensatory duties to the, their credit to the account of debt service payment shall be implemented from the unified account of the authorized body in the current day within the amounts of special, antidumping, compensatory duties, received to the unified account of the authorized body, as well as the special, antidumping, compensatory duties, credited to the account of payment in the reporting day, in recognition of amounts of return of special, antidumping, compensatory duties, not accepted to execution by the national (central) bank of the member states in the reporting day, except for the cases, established by paragraph 20 of this Provision.

      20. Return of amounts of special, antidumping, compensatory duties to the, their credit to the account of debt service payment shall be implemented from the unified account of the authorized body of the Republic of Kazakhstan in the reporting day within the amounts of special, antidumping, compensatory duties, received (credited) to the unified account of the authorized body of the Republic of Kazakhstan in a day of implementation of return (credit).

      21. Determination of the amounts of return of special, antidumping, compensatory duties, subjected to return and (or) credit to the account of debt service payment, in the current day shall be carried out before distribution of amounts of received special, antidumping, compensatory duties between the member states.

      22. In case of lack of funds for implementation of return of special, antidumping, compensatory duties and (or) credit to the account of debt service payment in accordance with paragraphs 19 and 20 of this Provision, the specified return (credit) shall be implemented by the member states in the next business days.

      Fines (percent) for untimely return of special, antidumping, compensatory duties to the shall be paid to the from the budget of relevant member state and shall not be included to the composition of special, antidumping, compensatory duties.

IV. Information exchange between the authorized bodies

      23. Information exchange between the authorized bodies, necessary for implementation of this Minute shall be carried out in accordance with decision of Commission, determining the procedure, forms and terms of exchange of such information.

  ANNEX No.9
  to Agreement on
  Eurasian Economic Union

MINUTE
on technical regulation within the Eurasian Economic Union

      1. This Minute is developed in accordance with section X of Agreement on Eurasian Economic Union and determines procedure, rules and procedures of technical regulation within the Union.

      2. The concepts used in this Minute shall have the following meanings:

      “accreditation” – an official recognition of competence of body by the body on accreditation on compliance assessment (as well as body on certification, testing laboratory (center)) to execute the works in the determined field of compliance assessment;

      “safety” – the absence of unacceptable risk, related with possibility of causing of harm and (or) causing of damage;

      “release of products into circulation” – supply or import of products (as well as departure from the warehouse of producer or dispatch without warehousing) for the purposes of distribution in the territory of the Union in the course of commercial activity on a grant or remuneration basis;

      “the state control (supervision) of observance of requirements of technical regulations of the Union” – an activity of the authorized bodies of the member states, directed to prevention, detection and suppression of violations of requirements of technical regulations of the Union by the legal entities, their heads and other civil servants, individuals, registered as individual entrepreneurs, their authorized representatives, carried out by conducting of verifications of legal entities and individuals, registered as individual entrepreneurs and acceptance of measures, provided by the legislation of the member states on suppression and (or) elimination of consequences of detected violations, as well as supervision of performance of specified requirements, analysis and forecasting of performance of requirements of technical regulations of the Union upon carrying out of activity by the legal entities and individuals, registered as individual entrepreneurs;

      “declaration of compliance with technical regulations of the Union” – a document, which the applicant certifies compliance of products, released into circulation with requirements of technical regulations of the Union;

      “declaring of compliance” – the form of compulsory approval of compliance of products, released into circulation with the requirements of technical regulations of the Union;

      “unified sign of circulation of products on the market of the Union” – a designation, used to inform the purchases and consumers on compliance of products, released into circulation with the requirements of technical regulations of the Union;

      “identification of products” – procedure of allocation of products to the field of application of technical regulation of the Union and establishment of compliance of products of technical documentation for these products;

      “producer” – a legal entity or individual, registered as individual entrepreneur, as well as foreign producer, carrying out production on its own behalf or production and sale of products and responsible for their compliance with the requirements of technical regulations of the Union;

      “interstate standard” – regional standard, accepted by the Interstate council on standartization, metrology and certification of Commonwealth of Independent States;

      “international standard” – the standard, accepted by the international organization on standartization;

      “national (state) standard” – the standard, accepted by the body on standartization of the member state;

      “the object of technical regulation” – the products or products and processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization, related with requirements to production;

      “compulsory approval of compliance” – a documentary certificate of compliance of products and processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization with the requirements of technical regulations of the Union;

      “compulsory certification” – a form of compulsory approval of compliance of objects of technical regulation with the requirements of technical regulations of the Union by the body on certification;

      “body on accreditation” – the body or legal entity, authorized in accordance with the legislation of the member state for conducting of accreditation;

      “compliance assessment” – direct or indirect determination of observance of requirements, presented to the object of technical regulation;

      “products” – the result of activity, presented in the material form and intended for further use in the economic and other purposes;

      “regional standard” – the standard, accepted by regional organization on standartization;

      “registration (state registration)” – a form of compliance assessment of object of technical regulation with requirements of technical regulations of the Union, carried out by the authorized body of the member state;

      “risk” – a combination of probability of causing of harm and consequences of this harm to human life or health, property, environment, life or health of animals and plants;

      “certification on registration (state registration)” – a document approving compliance of object of technical regulation with the requirements of technical regulation of the Union;

      “certificate of compliance with the technical regulations of the Union” – a document, which the body on certification certifies compliance of products, released into circulation with the requirements of technical regulation of the Union (technical regulations of the Union);

      “standard” – a document, in which the characteristics of products, rules of implementation and characteristics of processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization, execution of works or rendering of services, rules and methods of researches (tests) and measurements, rules of sampling, requirements to terminology, symbolic, packaging, marking or labeling and rules of their application are established for the purposes of multiple use;

      “technical regulation of the Union” – a document, adopted by Commission and establishing requirements to the objects of technical regulation, compulsory for application and execution in the territory of the Union;

      “technical regulation” – legal regulation of relations in the field of establishment, application and execution of compulsory requirements to the products or to the products and processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization, related with requirements to the products as well as legal regulation of relations in the field of compliance assessment;

      “the person authorized by the producer” – the legal entity or individual, registered in the manner established by the legislation of the member state in its territory as individual entrepreneur, which carry out the actions on the basis of agreement with producer, as well as foreign producer on behalf of the producer upon compliance assessment and release of products into circulation in the territory of the Union, as well as bear responsibility for non-compliance of products with the requirements of technical regulations of the Union.

      3. For the objects of technical regulation, in relation of which the technical regulations of the Union are entered into legal force, there are the norms of the legislation of the member states or acts of the Commission.

      Features of technical regulation, compliance assessment, standardization and accreditation in relation of defense products (works, services), supplied on the state defense order, products (works, services), used for the purposes of protection of details, constituting the state secret or relating to other confidential information protected in accordance with the legislation of the member states, products (works, services), details on which constitute the state secret, products (works, services) and objects, for which the requirements, related with ensuring of safety in the field of the use of nuclear energy are established, as well as in relation of processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale, utilization, burial of specified products and specified objects shall be established by the legislation of the member states.

      The compulsory requirements to the objects of technical regulation, as well as rules of identification of products, form, schemes and procedures of compliance assessment shall be established in the technical regulations of the Union.

      The relevant international standards (rules, guidelines, recommendations and other documents, adopted by international organizations on standardization), except for the cases, when the relevant documents are absent or do not correspond to the purposes of adoption of technical regulations of the Union, as well as due to the climatic and geographical factors or technological and other features shall be applied as the ground for development of technical regulations of the Union. In the case of absence of necessary documents shall be applied the regional documents (regulations, guidelines, decision, standards, rules and other documents), national (state) standards, national technical regulations or their projects.

      The technical regulations of the Union may also contain the requirements to terminology, packing, marking, labeling and rules of their application, sanitary requirements and procedures, as well as veterinary and sanitary, quarantine phytosanitary requirements, having a general nature.

      The technical regulations of the Union may contain the specific requirements, reflecting the features, related with climatic and geographical factors or technological features specific to the member states, and valid only in the territories of the member states.

      The technical regulations of the Union in recognition of the risk level of causing of harm may contain the special requirements to products or products and processes of design (including research), production, construction, installation, equipment, operation, storage, transportation, sale and utilization related with requirements to products, requirements to terminology, packing, marking, labeling and rules of their application, ensuring protection of separate categories of citizens (minors, pregnant women, nursing mothers, disabled persons).

      Technical regulation of the Union shall be developed in recognition of recommendations on the content and model structure of technical regulation of the Union, approved by Commission.

      Footnote. Paragraph 3 as amended by Law of the RK No. 6-VII of 15.02.2021.

      4. For the purposes of execution of requirements of technical regulation of the Union, the Commission shall approve the list of international and regional (interstate) standards, and in the case of their absence – national (state) standards, according to the results of application of which the compliance with the requirements of technical regulation of the Union are ensured on a voluntary basis.

      Application on a voluntary basis of relevant standards, included in the specified list shall be sufficient condition of compliance with the requirements of relevant technical regulation of the Union.

      Non-application of standards, included in the specified list may not be considered as non-compliance with the requirements of technical regulation of the Union.

      In the case of non-application of standards, included in the specified list, compliance assessment shall be carried out on the basis of analysis of risks.

      For the purposes of researches (tests) and measurements upon compliance assessment of objects of technical regulations with the requirements of technical regulation of the Union, the Commission shall approve the list of international and regional (interstate) standards, and in the case of their absence – national (state) standards, containing the rules and methods of researches (tests) and measurements, as well as rules of selection of samples, necessary for application and execution of requirements of technical regulation of the Union and carrying out of compliance assessment of objects of technical regulation.

      Development and adoption of specified lists of standards shall be carried out in the manner approved by Commission.

      Methods of researches (tests) and measurements, certified (validated) and approved in accordance with the legislation of the member state may be included to the list of international and regional (interstate) standards, and in the case of their absence – national (state) standards, containing the rules and methods of researches (tests) and measurements, as well as the rules of selection of samples, necessary for application and execution of requirements of technical regulation of the Unions and carrying out of compliance assessment of objects of technical regulation, before development of relevant interstate standards. The list of specified methods of researches (tests) and measurements shall be provided by the authorized bodies of the member states to the Commission.

      International and regional standards shall be applied after adoption them as interstate or national (state) standards.

      5. Compliance assessment of objects of technical regulation, established in the technical regulations of the Union shall be conducted in the forms of registration (state registration), tests, approval of compliance, expertize and (or) in other form.

      Compulsory approval of compliance shall be carried out in the forms of declaration of compliance and certification.

      Forms, schemes and procedures of compliance assessment shall be established in the technical regulations of the Union on the basis of model schemes of compliance assessment, approved by the Commission.

      Compliance assessment of products released into circulation with the requirements of technical regulations of the Union shall be carried out before release it into circulation.

      Compulsory approval of compliance shall be conducted only in the cases, established by the relevant technical regulation of the Union, and exclusively for compliance with the requirements of technical regulation of the Union.

      Upon compliance assessment, the applicant may be the legal entity or individual as individual entrepreneur, being the producer or seller, or person authorized by producer registered in the territory of the member states in accordance with its legislation.

      The circle of applicants shall be established in accordance with technical regulation of the Union.

      Unified forms of documents on compliance assessment and rules of their execution shall be approved by the Commission.

      Unified registers of issued or received documents on compliance assessment shall be placed on official site of the Union in the Internet. Formation and maintenance of specified unified register shall be carried out in the manner approved by the Commission.

      Accredited bodies on compliance assessment (as well as the bodies on certification, testing laboratories (centers)), carrying out the works on compliance assessment with the requirements established by technical regulation of the Union shall be included in the unified register of bodies on compliance assessment of the Union. Inclusion of bodies on compliance assessment in this register, as well as formation and maintenance shall be carried out in the manner approved by the Commission.

      Declarations of conformity with technical regulations of the Union shall be registered pursuant to the procedure established by the Commission.

      Where technical regulations of the Union establish requirements for the conduct of conformity assessment work by conformity assessment bodies (including certification bodies and testing laboratories (centres)) included in the Union's unified register of conformity assessment bodies, such work shall, at the choice of the applicant, be carried out in any conformity assessment bodies having valid accreditation in the required accreditation field and included in this register.

      The bodies of the member state, authorized for conducting of specified works shall carry out registration (state registration) of objects of technical regulation in accordance with the legislation of the member state.

      Footnote. Paragraph 5 as amended by Law of the RK No. 6-VII of 15.02.2021.

      6. Products complying with the requirements of technical regulations of the Union, distributing to these products, and undergone the procedure of compliance assessment, established by the technical regulations of the Union shall subject to compulsory marking by the single sign of circulation of products on the market of the Union.

      Image of a single sign of circulation of products on the market of the Union and procedure of its application shall be approved by Commission.

      Upon circulation of products in the territory of the Union, the marking of products shall be made in Russian language and in the existence of relevant requirements in the legislation of the member states in the state (state) language (languages) of the member state, in the territory of which the products are sold.

      7. Before the date of entering of technical regulation of the Union into legal force, the products in relation of which the same compulsory requirements, the same forms and schemes of approval of compliance are established by the member states, the same or comparable methods of researches (tests) and measurements of products are applied upon conducting of compulsory approval of compliance and which are included in the unified list of products, subjected to the compulsory approval of compliance with issuance of certificates of compliance and declarations on compliance on the unified form shall be allowed to circulation in the territory of the Union, if it is undergone the established procedures of approval of compliance in the territory of the member state with observation of the following conditions:

      conducting of certification by the body on compliance assessment, included to the unified register by the body on compliance assessment of the Union;

      performance of tests in the testing laboratories (centers), included to the unified register of bodies on compliance assessment of the Union;

      execution of certificates of compliance and declarations on compliance on the unified form.

      The specified unified list of products, unified forms of specified certificate of compliance and declaration on compliance and rules of their execution shall be approved by Commission.

      8. Import of products, subjected to the compulsory compliance assessment in the customs territory of the Union shall be carried out in the manner approved by Commission.

      9. The member state, governed by protection of their legal interests may take emergency measures on prevention of release of unsafe products into circulation. In this case the member state shall immediately inform other member states on adopted emergency measures and begin the process of consultations and negotiations on this issue.

      10. Commission shall form the information system in the field of technical regulation, which is a part of integrated information system of the Union.

  ANNEX No. 10
  to Agreement on
  Eurasian Economic Union

MINUTE
on conducting of coordinated policy in the field of
ensuring of uniformity of measurements

      1. This Minute is developed in accordance with section X of Agreement on Eurasian Economic Union and determines the principles of carrying out of coordinated policy in the field of ensuring of uniformity of measurements by the member states for the purposes of ensuring of comparability of results of measurements and results of (approval) compliance assessment of products with the requirements of technical regulations of the Union and measurements of quantitative indicators of products.

      2. The concepts used in this Minute shall have the following meanings:

      “certification of procedures (methods) of measurements” – research and approval of compliance of procedures (methods) of measurements with the metrological requirements to the measurements;

      “unit of measurement” – the value of fixed amount, to which the number value, equal to the unit is conditionally assigned, and which is applied for quantitative expression of values homogeneous with it;

      “uniformity of measurements” – the state of measurements, upon which the results of these measurements are expressed in the units of measurements, allowed to application in the member states, and indicators of accuracy of measurements are not beyond the established limits;

      “measurement” – a process of experimental reception of one or more quantitative values of measurement, which may be reasonably assigned to the value;

      “calibration of measurements means” – a set of operations, establishing the relationship between the value of measurement, received with the aid of measurement means, and value of measurement, reproduced by standard of unit of measurement of the same kind, for the purposes of determination of actual metrological characteristics of measurement means;

      “International system of units (SI)” – a system of units, adopted by the General conference on measures and weights, based on the International system of values and including the name and designations, sets of detachable devices, their names, designation and rules of application;

      “procedure (method) of measurements” – a set of specific operations upon measurement, execution of which ensures reception of results of measurements with established indicators of accuracy;

      “metrological traceability “ – a property of the measurement result, in accordance with which the result may be related with the national (primary) standard through the documented unbroken chain of verifications and calibrations;

      “metrological examination” – an analysis and assessment of correctness and completeness of the application of metrological requirements, rules and regulations, related with uniformity of measurements;

      “national (primary) standard” – the standard of the unit of measurement, recognized by the member state for the use in the state or economic activity as the basis for attribution of value of measurement to other standards of units of measurements of the same kind;

      “verification of measurement means” – a set of operations, executed for the purposes of approval of compliance of measurement means with the compulsory metrological requirements;

      “reference procedure (method) of measurements” – a procedure (method) of measurements, used for reception of results of measurements, which may be applied for assessment of correctness of measured values, received with the aid of other procedures (methods) of measurements of values of the same kind, as well as for calibration of measurement means or for determination of characteristics of standard samples;

      “intercomparison of standards” – establishment of relations between the results of measurements upon reproduction and transfer of units of measurement by the standards of units of measurement of the same level of accuracy;

      “measurement means” – technical means, intended for measurements and having metrological characteristics;

      “standard sample” – material (substance) with established indicators of accuracy of measurements and metrological traceability, sufficiently homogeneous and stable in relation of determined properties in order to use it upon measurement or upon assessment of qualitative properties in accordance with intended appointment;

      “approval of type of measurement means” - a decision of the body of the state power (administration) of the member state in the field of ensuring of uniformity of measurements on permission of application of measurement means of approved type in the territory of the member state on the basis of favorable results of tests;

      “approval of type of standard sample” – a decision of the body of the state power (administration) of the member state in the field of ensuring of uniformity of measurements on permission of application of standard sample of approved type in the territory of the member state on the basis of favorable results of tests;

      “value scale” – an ordered set of values of measurement that serves as the original basis for measuring the corresponding value;

      “standard of unit of measurement” – technical tool ( a set of tools), intended for reproduction, storage and transfer the units of measurement or value scales.

      3. The member states shall conduct a coordinated policy in the field of ensuring of uniformity of measurements by harmonization of the legislation of the member states in the field of ensuring of uniformity of measurements and conducting of coordinated actions, providing:

      1) creation of mechanisms of mutual recognition of results of works in the field of ensuring of uniformity of measurements by approval of rules of mutual recognition of results of works on ensuring of the uniformity of measurements;

      2) use of standards of units of measurement, measurement means, standard samples and certified procedures (methods) of measurements, for which the metrological traceability of results to the International System of Units (SI), to the national (primary) standards and (or) to the international standards of units of measurements received with their aid, is ensured by the member states;

      3) mutual provision of uniformity of measurements in the field of ensuring of uniformity of measurements, contained in the relevant information funds of the member states;

      4) application of coordinated procedures of execution of works in the field of ensuring of uniformity measurements.

      4. The member states shall take measures, directed to harmonization of the legislation of the member states in the field of ensuring of the uniformity of measurements in relation of establishment of requirements to measurements, units of measurements, standards of units of measurements and value scales, measurement means, standards of samples, procedures (methods) of measurements on the basis of documents, adopted by the international and regional organizations on metrology and standartization.

      5. The member states shall carry out the mutual recognition of results of works in the field of ensuring of uniformity of measurements, executed by the bodies of the state power (administration) or legal entities of the member states, authorized (notified) in accordance with the legislation of its state for execution of works in the field of ensuring of uniformity of measurements, according to the approved procedures of conducting of these works and rules of mutual recognition of results on ensuring of uniformity of measurements.

      Recognition of results of works in the field of ensuring of uniformity of measurements shall be carried out in relation to the measurements means, produced in the territories of the member states.

      6. The member states shall organize conducting of works on creation and improvement of standards of units of measurements, determination and development of nomenclature of standard samples, establishment of equivalence of standards of units of measurements of the member states by their regular intercomparison for the purposes of ensuring of metrological traceability of results of measurements, standards of units of measurements, standard samples of the member states to the national (primary) standards and International System of Units (SI).

      7. The information funds of the member states in the field of ensuring of uniformity of measurements shall form the regulatory legal acts of the member states, regulatory and international documents, international treaties of the member states in the field of ensuring of uniformity of measurements, certified procedures (methods) of measurements, measurement means in the fields regulated by the member states, details on standards of units of measurements and value scales, approved types of standard samples and approved types of measurement means.

      Maintenance of information funds shall be carried out in accordance with the legislation of the member states, mutual provision of details contained in the information funds shall be organized by the bodies of the state power (administration) of the member states, specified in paragraph 5 of this Minute in the manner established by Commission.

      8. The member states shall vest the bodies of the state power (administration) with the relevant powers in the field of ensuring of uniformity of measurements, which conduct the consultations, directed to coordination of positions of the member states and carry out coordination and conducting of works in the field of ensuring of uniformity of measurements.

      9. Commission shall approve the following documents:

      1) the list of off-system units of measurements, applied upon development of technical regulations of the Union, including their correlation with International System of Units (SI);

      2) rules of mutual recognition of results of works on ensuring of uniformity of measurements;

      3) procedure of conducting of works in the field of ensuring of uniformity of measurements, as well as:

      procedure of conducting of metrological examination of project of technical regulation of the Union, project of the list of standards, in the result of application of which the observation of requirements of technical regulation of the Union, project of the list of standards, contained the rules and methods of researches (tests) and measurements, as well as the rules of selection of samples, necessary for application and execution of requirements of technical regulation of the Union and carrying out of compliance assessment of objects of technical regulation shall be provided on a voluntary basis;

      procedure of organization of conducting of interlaboratory comparison tests (interlaboratory intercomparison);

      procedure of metrological certification of procedure (method) of measurements;

      the order of certification of procedure (method) of measurements, applied as reference procedure (method) of measurements;

      procedure of approval of the type pf measurements means;

      procedure of approval of the type of standard sample;

      procedure of organization of verification and calibration of measurement means;

      4) procedure of mutual provision of details in the field of ensuring of uniformity of measurements, contained in the information funds of the member states.

  ANNEX No.11
  to Agreement on
  Eurasian Economic Union

MINUTE
on recognition of results of works on accreditation
of bodies on compliance assessment

      1. This Minute is developed in accordance with section X of Agreement on Eurasian Economic Union (hereinafter – the Agreement) and determines the conditions of mutual recognition of results of works on accreditation of bodies on compliance assessment.

      2. The concepts used in this Minute shall have the following meanings:

      “appeal” – application of body on compliance assessment to the body on accreditation on revision of decision, adopted by the body on accreditation in relation of this body on compliance assessment;

      “certification of expert on accreditation” – approval of compliance of individual with the established requirements and recognition of its competence on conducting of works on accreditation;

      “complaint” – an application, contained the expression of dissatisfaction with the actions (omission) of body on compliance assessment or body on accreditation on the part of any person and requiring the answer;

      “applicant for accreditation” – a legal entity, registered in accordance with the legislation of the member states and pretending to reception of accreditation as the body on compliance assessment;

      “body on accreditation” – the body or legal entity, authorized in accordance with the legislation of the member states for conducting of accreditation;

      “technical expert” – an individual, having the special knowledge in the determined field of accreditation, entailed and appointed by the body on accreditation for participation in the accreditation of bodies on compliance assessment and included to the register of technical experts;

      “expert on accreditation” – an individual certified and appointed by the body on accreditation in the manner established by the legislation of the member state for conducting of accreditation of bodies on compliance assessment and included to the register of experts on accreditation.

      3. The member states shall carry out harmonization of the legislation in the scope of accreditation by:

      adoption of rules in the field of accreditation on the basis of international standards and other documents, adopted by international and regional organizations on accreditation;

      application of interstate standards in the field of accreditation, developed on the basis of international standards;

      ensuring and organization of conducting of interlaboratory comparative tests (interlaboratory intercomparison);

      information exchange in the field of accreditation on the basis of principles of transparency of information, gratuitousness and timeliness.

      The member states shall mutually recognize accreditation of bodies on compliance assessment (as well as bodies on certification and testing laboratories (centers)) in the national systems of accreditation of the member states upon execution of provisions of Article 54 of Agreement by the bodies on accreditation.

      4. Bodies on accreditation shall carry out the following powers:

      1) carry out formation and maintenance of: register of accredited bodies on compliance assessment;

      register of experts on accreditation;

      register of technical experts;

      national part of the unified register of bodies on compliance assessment of the Union;

      2) provide details from registers of accredited bodies on compliance assessment, experts on accreditation and technical experts, as well as other details and documents, relating to accreditation and provided by Agreement, to the integrated information system of the Union;

      3) offer an opportunity to the representatives of bodies on accreditation to carry out the mutual comparative assessment for the purposes of achievement of equivalence of procedures, applied in the member states;

      4) consider and adopt decisions in relation of appeals, filed by the bodies on compliance assessment on revision of decisions, adopted by the body on accreditation in relation of these bodies on compliance assessment;

      5) consider and adopt decisions in relation of complaints from individuals or legal entities of the member states on the activity of bodies on accreditation, as well as on activity of bodies on compliance assessment, accredited by them.

      5. Relevant information on body on accreditation shall be provided by it to the Commission for placement on the official site of the Union in the Internet.

      6. The bodies on accreditation shall ensure harmonization of requirements, presented to the competence of experts on accreditation and technical experts for the purposes of ensuring of equivalent level of competence of experts on accreditation and technical experts.

  ANNEX No.12
  to Agreement
  on Eurasian Economic Union

MINUTE
on application of sanitary, veterinary and sanitary,
quarantine phytosanitary measures
I. General provisions

      1. This Minute is developed in accordance with section XI of Agreement on Eurasian Economic Union and determines procedure of application of sanitary, veterinary and sanitary, quarantine phytosanitary measures.

      2. The concepts used in this Minute shall have the following meanings:

      “audit of foreign official system of supervision” – procedure of determination of ability of foreign official system of supervision to ensure the level of safety of goods, subjected to veterinary control (supervision), at least equivalent to the unified veterinary (veterinary and sanitary) requirements;

      “veterinary control (supervision) – an activity of the authorized bodies in the field of veterinary, directed to prevention of import and distribution of agents of contagious animal diseases, as well as common to human and animals, and goods, not corresponding to the unified veterinary (veterinary and sanitary) requirements, as well as prevention, detection and suppression of violations of requirements of international treaties and acts, constituting the Law of the Union and the legislation of the member states in the field of veterinary;

      “veterinary and sanitary measures” – compulsory for execution of requirement and procedures, applied for the purposes of prevention of animal diseases and protection of population from diseases, common to human and animals in connection with arising risks, as well as in the case of transmission or distribution them by animals, with feeds, raw materials and products of animal origin, as well as transport vehicles within the customs territory of the Union;

      "a veterinary certificate" means a document issued by an authorised veterinary authority or a competent authority of a third country for goods subject to veterinary control (surveillance) to be imported, moved (transported) and certifying their safety in veterinary and sanitary terms and (or) the welfare of the administrative areas of the places of production of these goods for infectious animal diseases, including diseases common to humans and animals;

      “state registration” – a procedure of compliance assessment of products with the unified sanitary and epidemiological, hygienic requirements or requirements of technical regulations of the Union, carried out by the authorized bodies in the field of sanitary and epidemiological welfare of population;

      “state sanitary and epidemiological supervision (control)” – an activity of the authorized bodies in the field of sanitary and epidemiological welfare of population, directed to prevention, detection and suppression of violations of compulsory requirements, established by the Commission and the legislation of the member states in the field of sanitary and epidemiological welfare of population;

      “unified veterinary (veterinary and sanitary) requirements” – requirements, presented to goods controlled to the veterinary control (supervision), their circulation and objects, subjected to veterinary control (supervision), directed to non-admission of occurrence, import and distribution of agents of contagious animals disease, as well as common to human and animals, and goods of animal origin, dangerous in the veterinary and sanitary relation, in the customs territory of the Union;

      “unified quarantine phytosanitary requirements” – requirements, presented to the regulated products (regulated cargos, regulated materials, regulated goods), subjected to quarantine phytosanitary control (supervision) in the customs border of the Union and in the customs territory of the Union, its circulation and regulated objects, directed to non-admission of occurrence, import and distribution of quarantine objects in the customs territory of the Union;

      “unified rules and regulations of ensuring of plant quarantine” – the rules, procedures, instructions, procedures of quarantine phytosanitary inspections, methods of examination of regulated products (regulated cargos, regulated materials, regulated goods), subjected to quarantine phytosanitary control (supervision) in the customs border of the Union and in the customs territory of the Union, identification of quarantine objects, conducting of laboratory researches and examinations, disinfection and other most important measures, carried out by the authorized bodies on plant quarantine;

      “unified sanitary and epidemiological, hygienic requirements to products (goods), subjected to the sanitary and epidemiological supervision (control)” – a document, contained the requirements compulsory for observation and established by the Commission, presented to controlled sanitary and epidemiological supervision (control) of products (goods), directed to prevention of harmful effect on the human factors of environment and ensuring of favorable conditions of human life and activities;

      “animals” – all species of animals, including birds, bees, aquatic animals and wildlife species;

      “plant quarantine” – a legal regime, providing the system of measures on protection of plants and products of plant origin from quarantine objects in the customs territory of the Union;

      “quarantine objects” – hazardous organisms, are absent or stenotopic in the territories of the member states and introduced in the unified list of quarantine objects of the Union;

      “quarantine phytosanitary security” – ensuring of the state of security of the customs territory of the Union from risks, arising upon penetration and (or) distribution of quarantine objects;

      “quarantine phytosanitary control (supervision) – an activity of the authorized bodies on plant quarantine, directed to revelation of quarantine objects, establishment of quarantine phytosanitary state of regulated products (regulated cargos, regulated materials, regulated goods), execution of international obligations and observation of the legislation of the member states in the field of plant quarantine;

      “quarantine phytosanitary measures” – the requirements, rules and procedures compulsory for execution and applied for the purposes of ensuring of protection of customs territory of the Union of importation and distribution of quarantine objects and reduction of losses caused by them, as well as removal of obstacles in the international trade of regulated products (regulated cargos, regulated materials, regulated goods);

      “object subjected to the veterinary control (supervision)” – organization or person, participating in manufacturing (production), processing, transportation and (or) storage of goods, controlled to the veterinary control (supervision);

      “batch of regulated products (regulated cargos, regulated materials, regulated goods)” – a number of regulated products (regulated cargos, regulated materials, regulated goods), intended for sending by one transport vehicle to the one point of destination to one recipient;

      “batch of regulated veterinary control (supervision) of goods” – a number of regulated veterinary control (supervision) of goods, intended for sending by one transport vehicle to the one point of destination to one recipient and executed by one veterinary certificate;

      “regulated products (regulated cargos, regulated materials, regulated goods)” – plants, products of plant origin, cargos, soil, organisms, materials, container, packing, included to the list of regulated products (regulated cargos, regulated materials, regulated goods), subjected to quarantine phytosanitary control (supervision) in the customs border of the Union and in the customs territory of the Union, and transferred through the customs border of the Union and customs territory of the Union, which may be carriers of quarantine objects and (or) facilitate to their distribution and in relation of which it is necessary to take the quarantine phytosanitary measures;

      “regulated objects” – the lands of any designated purpose, buildings, structures, constructions, tanks, places of storage, equipment, transport vehicles, containers and other objects, which may be the sources of penetration to the customs territory of the Union and (or) distribution of quarantine objects;

      “products (goods), controlled to the state sanitary and epidemiological supervision (control)” – the goods, chemical, biological and radioactive substances, including ionizing radiation sources, waste and other cargos, posing a danger for human, food products, materials and articles, included to the list of products (goods), subjected to the sanitary epidemiological supervision (control), transferred through the customs border of the Union and customs territory of the Union;

      “goods controlled to the veterinary control (supervision)” – the goods, included to the unified list of goods, subjected to the veterinary control (supervision);

      “products, subjected to the state registration” – separate types of products, which may render a harmful effect to human life and health upon their circulation and security of which is approved by the fact of existence of the state registration;

      “permission to import (export) or transit of goods controlled to the veterinary control (supervision)” – a document, determining procedure and conditions of the use of goods controlled to the veterinary control (supervision) based on the epizootic status of the exporting countries upon import and transit of goods controlled to the veterinary control (supervision), issued by the civil servant, authorized in accordance with the legislation of the member state of the authorized body in the field of veterinary;

      “sanitary, veterinary and sanitary, quarantine phytosanitary measures” – compulsory for execution sanitary, veterinary and sanitary, quarantine phytosanitary requirements and procedures, applied for the purposes of:

      protection of human and animals life and health from risks, arising from additives, contaminating agents, toxins or disease-causing organisms in the food products, beverages, animal feed and other products;

      protection of life and health of animals and plants from risks, arising in connection with penetration, rooting (fixation) or distribution of agents of plant pests and animals, plants (weeds), organisms – transmitting agents of diseases or pathogens organisms, having quarantine significance for the member states;

      protection of human life and health from risks, arising in connection with diseases, carried by animals, plants or products from them;

      prevention or restriction of other damage, caused by penetration, rooting (fixation) or distribution of plant pests and agents of diseases of plants and animals, plants (weeds), pathogens organisms, having quarantine significance for the member states, as well as in the case of transmission or distribution them by animals and (or) plants, with products, cargos, materials, transport vehicles;

      “sanitary and quarantine control” – a type of the state sanitary and epidemiological supervision (control) in relation of persons, transport vehicles and products (goods) controlled to the state sanitary and epidemiological supervision (control) in the checkpoints through the customs border of the Union, in the interstate transfer stations or locomotive changing stations for the purposes of prevention of import of products (goods) potentially hazardous to human health, importation, occurrence and distribution of contagious and mass non-contagious diseases (poisoning);

      “sanitary anti-epidemic measures” – organizational, administrative, engineering and technical, medical and sanitary, preventive and other measures, directed to evaluation of risk of harmful effect on the human factors of environment, elimination or reduction of such risk, prevention of occurrence and distribution of infectious and mass noninfectious diseases (poisoning) and their elimination;

      “sanitary and epidemiological welfare of the population” - the state of health of population, environment, upon which there is no harmful effect of environmental factors on human and provides the favorable conditions of its life activity;

      “sanitary measures” – compulsory for execution of requirements and procedures, as well as requirements to the final products, methods of processing, production, transportation, storage and utilization, procedure of selection of samples, methods of researches (tests), evaluation of risk, state registration, requirements to marking and packing, immediately directed to ensuring of security of products (goods) for the purposes of protection of human life and health;

      “certificate on the state registration” – a document, approving security of products (goods), certifying compliance of products (goods) to the unified sanitary and epidemiological, hygienic requirements and issued by the authorized body in the field of sanitary and epidemiological welfare of population on the unified form and in the manner which are approved by the Commission;

      “authorized bodies in the field of veterinary” – the state bodies and institutions of the member states, carrying out activity in the field of veterinary;

      “authorized bodies in the field of sanitary and epidemiological welfare of population” – the state bodies and institutions of the member states, carrying out an activity in the field of sanitary and epidemiological welfare of population in accordance with the legislation of the member states and acts of the Commission;

      “authorized bodies on plant quarantine” – national organizations on quarantine and plant protection;

      “phytosanitary check station” – plant quarantine station, created in the checkpoints through the customs border of the Union and in other places, determined in accordance with the legislation of the member states;

      “phytosanitary certificate” – a document of international standard, accompanying the regulated products (regulated cargos, regulated materials, regulated goods) and issued by the authorized body on plant quarantine of the exporting country (re-exporter) in the form, established by the International convention on quarantine and protection of plants from 6 December, 1951, and certifying that the regulated products (regulated cargos, regulated materials, regulated goods) correspond to the phytosanitary requirements of the importing country;

      “epizootic state” – veterinary and sanitary situation in the defined territory at the specified time, characterized by the existence of animal diseases, their distribution and incidence.

      Footnote. Paragraph 2 as amended by Law of the RK No. 6-VII of 15.02.2021.

II. Sanitary measures

      3. The state sanitary and epidemiological supervision (control) shall be conducted in the manner, approved by the Commission in the customs border of the Union and in the customs territory of the Union.

      4. The member states create the sanitary and quarantine stations in the checkpoints, intended for transfer of products (goods), controlled to the state sanitary and epidemiological supervision (control) through the customs border of the Union and take measures on conducting of necessary sanitary and anti-epidemic measures.

      The member states shall carry out the sanitary and quarantine control in the sanitary and quarantine stations, specially supplied and equipped with the means for conducting of sanitary and anti-epidemic measures in accordance with the legislation of the member states in recognition of requirements, approved by the Commission.

      Commission shall determine the list of products, transfer of which through the customs border of the Union is carried out in the specially equipped checkpoints, determined in accordance with the legislation of the member states and acts, constituting the Union Law.

      Circulation of products, subjected to the state registration in accordance with the acts of the commission, shall be carried out in the territory of the Union in the existence of the state registration.

      5. The member states shall:

      1) take the agreed measures, directed to prevention of importation, distribution and liquidation of infectious and mass non-infectious diseases (poisoning), dangerous for human health in the customs territory of the Union, consequences of emergency situations, as well as acts of terrorism with application of biological agents, chemical and radioactive substances in the customs territory of the Union;

      2) carry out sanitary and anti-epidemic measures on non-admission of import to the customs territory of the Union and turnover of products (goods) dangerous for life, health of human and environment, controlled to the state sanitary and epidemiological supervision (control).

      6. The member states shall have a right to introduce the temporary sanitary measures and conduct sanitary and anti-epidemic measures in the case of:

      deterioration of sanitary and epidemiological situation in the territory of the member state;

      receiving of information from the relevant international organizations, member states or third countries on applied sanitary measures and (or) deterioration of sanitary and epidemiological situation;

      if the relevant scientific rationale of application of sanitary measures is insufficient or may not be presented in the necessary terms;

      identification of products (goods), controlled to the state sanitary and epidemiological supervision (control), not relevant to the unified sanitary requirements or technical regulations of the Union.

      The member states shall inform each other on introduction by them of sanitary measures, conducting of measures and their change in the shortest possible time.

      Upon introduction of the temporary sanitary measures by the member state, other member states shall take the necessary measures and conduct sanitary and anti-epidemic measures, ensuring an appropriate protection level of the member state, adopted decision on introduction of such measures.

      7. Authorized bodies in the field of sanitary and epidemiological welfare of population shall:

      carry out sanitary and epidemiological supervision (control) in relation of persons, transport vehicles, products (goods), controlled to the state sanitary epidemiological supervision (control) upon transfer of them through the customs border of the Union in the checkpoints of the member states, located in the customs border of the Union and in the customs territory of the Union;

      have a right to request the necessary minutes of laboratory researches (tests) from the authorized bodies of other state bodies;

      render the mutual scientific and methodological, technical assistance in the field of sanitary and epidemiological welfare of population;

      inform each other on possible recipients of goods, not corresponding to the unified sanitary and epidemiological, hygienic requirements, on each case of identification of dangerous infectious diseases, specified in the international medical and sanitary rules, and products dangerous for human life and health;

      conduct the joint verifications (inspections) in the territory of the member states, producing the products (goods) controlled to the state sanitary and epidemiological supervision (control), if it is necessary and on mutual agreement for the purposes of observation of requirements, established by the acts, constituting the Union Law in the field of sanitary measures and protection of customs territory of the Union from import and distribution of infectious and mass non-infectious diseases (poisoning), products (goods) controlled to the state sanitary and epidemiological supervision (control), not corresponding to the sanitary and epidemiological, hygienic requirements, as well as for operational solution of other issues.

      The authorized bodies in the field of sanitary and epidemiological welfare of population in the cases of detection of infectious and mass non-infectious diseases (poisoning) and (or) distribution of products, dangerous for human life and health, environment, in the customs territory of the Union, direct information on them, as well as on adopted sanitary measures to the integrated information system of the Union.

      8. Expenditure financing, related with conducting of joint verifications (inspections) shall be carried out at the expense of means of relevant budgets of the member states, if in a particular case does not coordinate other procedure.

III. Veterinary and sanitary measures

      9. Veterinary control (supervision) shall be conducted in the customs border of the Union and customs territory of the Union in accordance with provision on unified procedure of carrying out of veterinary control in the customs border of the Union and in the customs territory of the Union, approved by the Commission.

      10. The member states shall create veterinary border control stations and take necessary veterinary and sanitary measures in the checkpoints, intended for transfer of goods, controlled to the veterinary control (supervision) through the customs border of the Union.

      11. Authorized bodies in the field of veterinary medicine shall:

      1) take measures on non-admission of import and distribution of agents of contagious animal diseases, as well as common for human and animal, and goods (products) of animal origin, dangerous in the veterinary and sanitary relation, in the customs territory of the Union;

      2) in the case of detection and distribution of contagious animal diseases, as well as common for human and animal, and goods (products) of animal origin, dangerous in the veterinary and sanitary relation, in the territory of the member state, immediately direct information on them to the Commission, as well as on adopted veterinary and sanitary measures to the integrated information system of the Union, as well as for notification of the authorized bodies of other member states, after official determination of diagnosis or approval of insecurity of goods (products);

      3) timely notify the Commission on changes, introduced to the list of dangerous and quarantine animal diseases of the member state;

      4) render the mutual scientific, methodological and technical assistance in the field of veterinary medicine;

      5) carry out audit of foreign official system of supervision in the manner, approved by Commission.

      12. Joint verification (inspection) of objects, subjected to veterinary control (supervision) shall be carried out in accordance with provision on unified procedure for conducting of joint verifications of objects and selection of samples of goods, subjected to the veterinary control (supervision).

      Expenditure financing, related with conducting of an audit of foreign official systems of supervision and joint verifications (inspections) shall be carried out at the expense of the means of relevant budgets of the member states, if in a particular case does not coordinate other procedure.

      13. Rules and methodology of conducting of laboratory researches upon carrying out of veterinary control (supervision) shall be established by Commission.

      14. Rules of regulation of circulation of veterinary medicinal products, diagnostic agents of veterinary purpose, feed additives, disinfectant and disinsection means shall be established by the Commission and the legislation of the member states.

      15. The member states may coordinate the samples of veterinary certificates for the goods, imported to the customs territory of the Union and controlled to the veterinary control (supervision), included to the unified list of goods and subjected to the veterinary control (supervision), different from the common forms, with the component bodies of country of origin (third party) in accordance with the acts of Commission on the basis of unified veterinary (veterinary and sanitary) requirements and international recommendations, standards, guidelines.

      16. The goods, placed under the customs procedure of transit, controlled to the veterinary control (supervision) shall be transferred through the customs territory of the Union in the manner established by Commission.

      Issuance of permission for import (export) and transit of goods, controlled to the veterinary control (supervision) and execution of veterinary certificates shall be carried out by the authorized bodies in the field of veterinary medicine in accordance with the legislation of this member state.

      17. The forms of veterinary certificates for goods transferred between the Member States subject to veterinary control (surveillance), as well as the forms of unified veterinary (veterinary and sanitary) certificates for goods imported into the customs territory of the Union subject to veterinary control (surveillance) shall be approved by the Commission.

      Footnote. Paragraph 17 as reworded by Law of the RK No. 6-VII dated 15.02.2021.

IV. Quarantine phytosanitary measures

      18. Quarantine phytosanitary control (supervision) in the customs territory of the Union and in the customs territory of the union shall be carried out in the manner approved by Commission.

      18. Unified rules and regulations of ensuring of plant quarantine shall be approved by the Commission,

      20. The member states shall create the plant quarantine stations (phytosanitary check stations) in recognition of requirements to their material and technical equipment and arrangement, approved by the Commission, in the checkpoints, intended for the transfer of regulated products (regulated cargos, regulated materials and regulated goods) through the customs border of the Union.

      21. The member states shall take the necessary measures on prevention of importation of quarantine objects to the customs territory of the Union and distribution in it.

      22. Authorized bodies on plant quarantine shall:

      1) carry out quarantine phytosanitary control (supervision) upon transfer of regulated products through the customs border of the Union in the checkpoints and in other places, in which the stations on plant quarantine (phytosanitary check stations) are equipped;

      2) carry out quarantine phytosanitary control (supervision) upon transfer of regulated products from the territory of one member state to the territory of another member state;

      3) in the case of detection and distribution of quarantine objects in the customs territory of the Union, direct information on them, as well as on adopted quarantine phytosanitary measures to the integrated information system of the Union;

      4) timely inform each other on the cases of detection and distribution of quarantine objects in the territories of their states and on introduction by them of temporary quarantine phytosanitary measures;

      5) render scientific, methodological and technical assistance to each other in the field of ensuring of plant quarantine;

      6) annually exchange of statistical information over the past year, concerning detection and distribution of quarantine objects in the territories of their states;

      7) exchange of information, concerning the quarantine phytosanitary state of the territories in the member states, and if it is necessary other information, as well as details on effective methods of struggle against quarantine objects;

      8) develop suggestions on formation of the list of regulated non-quarantine hazardous organisms, unified list of quarantine objects of the Union on the basis of information on hazardous organisms;

      9) interact on other issues in the field of quarantine phytosanitary control (supervision);

      10) on mutual agreement:

      direct the specialists for the purposes of conducting of joint inspection of places of production (manufacturing), sorting, processing, stocking and packing of regulated products, imported to the customs territory of the Union from the third countries;

      participate in development of the unified rules and regulations of ensuring of plant quarantine.

      23. Each batch of regulated products (regulated cargos, regulated materials, regulated goods) referred to the group of regulated products (regulated cargos, regulated materials, regulated goods) with high phytosanitary risk in accordance with the list of regulated products shall be imported to the customs territory of the Union and (or) transferred from the territory of one member state to the territory of another member state, accompanied by the export (re-export) of phytosanitary certificate.

      24. Laboratory supply of quarantine phytosanitary measures shall be carried out in the manner approved by the Commission.

      25. Each member state shall have the right to develop and introduce the temporary quarantine phytosanitary measures in the case of:

      1) deterioration of quarantine phytosanitary situation in its territory;

      2) reception of information on adopted quarantine phytosanitary measures from the relevant international organizations, member states and (or) third countries;

      3) if the relevant scientific rationale application of quarantine phytosanitary measures is insufficient or may not be presented in the necessary terms;

      4) systematic detection of quarantine objects in the regulated products (regulated cargos, regulated materials, regulated goods), imported from the third countries.

  ANNEX No.13
  to Agreement
  on Eurasian Economic Union

MINUTE on conducting of coordinated policy in the scope
of protection of rights of consumers
I. General provisions

      1. This Minute is developed in accordance with section XII of Agreement on Eurasian Economic Union and determines the principles of conducting of coordinated policy in the scope of protection of rights of consumers and their basic directions by the member states.

      2. The concepts used in this Minute shall have the following meanings:

      “legislation of the member state on protection of rights of consumers” – a set of legal rules, effective in the member state and regulating relations in the field of protection of rights of consumers;

      “producer” – organization irrespective of the form (type) of ownership, as well as individual, registered as individual entrepreneur, producing the goods for sale to the consumers;

      “executor” - organization irrespective of the form (type) of ownership, as well as individual, registered as individual entrepreneur, executing the works or rendering the services to the consumers;

      “unfair economic entities” – sellers, producers, executors, allowed violations of the legislation of the member states on protection of rights of consumers, usual and customary business practices in their activity, if these violations may cause or caused the property or non-property damage to the consumers and (or) environment;

      “public associations of consumers” – noncommercial associations (organizations) of citizens and (or) legal entities, registered in accordance with the legislation of the member states, created for the purposes of protection of legal rights and interests of consumers, as well as international non-governmental organizations, effective in the territories of all or several member states;

      “consumer” – individual, intended to order (buy) or ordering (purchasing, using) the goods (works, services) exclusively for the personal (domestic) needs, not related with carrying out of entrepreneurial activity;

      “seller” – organization irrespective of the form (type) of ownership, as well as individual, registered as individual entrepreneur, selling the goods to the consumers on agreement of purchase and sale;

      “authorized bodies in the scope of protection of consumer rights” – the state bodies of the member states, carrying out control (supervisory) activity and (or) legal regulation in the scope of protection of consumer rights in accordance with the legislation of the member states, international treaties and acts, constituting the Union Law.

II. Implementation of basic directions of policy in the
scope of protection of consumer rights

      3. For the purposes of formation of equal conditions of ensuring of protection of rights and legal interests of consumers for the citizens of the member states, the member states shall carry out conducting of coordinated policy in the scope of protection of consumer rights in recognition of the legislation of the member states on protection of consumer rights and rules of international right in this scope on the following basic directions:

      1) providing of consumers, state bodies and public associations of consumers of operational and reliable information on goods (works, services), producers (sellers, executors);

      2) taking measures on prevention of activity of unfair economic entities and sale of defective goods (services) in the territories of the member states;

      3) creation of conditions for the consumers, contributing to the free choice of goods (works, services), by development of legal literacy and legal awareness of consumers, their awareness on nature, methods of implementation of protection of rights of consumers and interests protected by the Law in the administrative and judicial procedure, as well as an access of consumers of the member states to the legal assistance;

      4) implementation of education programs in the field of protection of rights of consumers as an integral part of training of citizens in the educational systems of the member states;

      5) involvement of mass media, as well as radio and television to the propaganda and the systematic coverage of the issues of protection of consumer rights;

      6) approximation of the legislation of the member states on protection of rights of consumers.

III. Interaction with public associations of consumers

      4. The member states shall contribute to creation of conditions for the activity of independent public associations of consumers, their participation in formation and implementation of coordinated policy in the scope of protection of consumer rights, propaganda and explanation of consumer rights, as well as in the creation of the system of exchange of information in the scope of protection of consumers rights between the member states.

IV. Interaction of the authorized bodies in the scope
of protection of consumers rights

      5. Interaction of the authorized bodies in the scope of protection of consumers rights shall be carried out by:

      1) exchange of information:

      on practice of the member states in the field of the state and public protection of consumers rights;

      on measures on improvement and ensuring of functioning of the system of control of observance of the legislation of the member states on protection of consumers rights;

      on changes in the legislation of the member states on protection of consumers rights;

      2) cooperation on prevention, detection and suppression of violation of the legislation of the member states on protection of consumers rights by the residents of the member states, including the change of information on violations of consumers rights detected in the domestic market, as well as on the basis of requests of the authorized bodies in the scope of protection of consumers rights;

      3) conducting of joint analytical researches on problems, affecting the interests of the member states in the field of protection of consumers rights;

      4) rendering of practical assistance on issues, arising in the process of cooperation, including creation of working groups, exchange of experience and personnel training;

      5) organization of exchange of statistical information on results of activity of the authorized bodies in the scope of protection of consumer rights and public associations of consumers;

      6) carrying out of cooperation on other issues in the scope of protection of consumers rights.

V. The powers of the Commission

      6. The Commission shall exercise the following powers:

      1) develop the recommendations for the member states on application of measures, directed to increase of effectiveness of interaction of the authorized bodies in the scope of protection of rights of consumers;

      2) develop recommendations for the member states on procedure of implementation of provisions, specified in this Minute;

      3) create consultative bodies on issues of protection of consumers rights of the member states.

  ANNEX No.14
  to Agreement on
  Eurasian Economic Union

MINUTE on conducting of coordinated macroeconomic policy
I. General provisions

      1. This Minute is developed in accordance with Articles 62 and 63 of Agreement on Eurasian Economic Union (hereinafter – the Agreement) and determines procedure of conducting of coordinated macroeconomic policy by the member states.

      2. The concepts used in this Minute shall have the following meanings:

      “external parameters of forecasts” – indicators that characterize external factors, having a significant effect on economic development of the member states and used upon development of official forecasts of socio-economic development of the member states;

      “interval quantitative values of external parameters of forecasts” – high and low value of interval of external parameters of forecasts;

      “macroeconomic indicators” – parameters, characterizing the state of economy of the member state, its development and stability to influence of unfavorable factors, as well as level of integrated cooperation;

      “basic directions of economic development of the Union” – a recommendatory document, determining perspective directions of socio-economic development, to the implementation of which the member states are worked at the expense of the use of integrated potential of the Union and competitive advantages of the member states for the purposes of reception of additional economic effect by the member state;

      “basic guidelines of macroeconomic policy of the member states” – a program document, determining the short- and medium-term objectives, most important for the economy of the member states, directed to achievement of purposes, established by the basic directions of economic development of the Union, as well as including recommendations on decision of the specified tasks.

II. Implementation of basic directions of coordinated
macroeconomic policy

      3. For the purposes of implementation of basic directions of coordinated macroeconomic policy, the member states shall:

      1) coordinate the measures, directed to the use of integration potential of the Union and competitive advantages of the member states, in those scopes and branches of economy, where it is necessary or advisable;

      2) consider the basic directions of economic development of the Union, basic guidelines of macroeconomic policy of the member states upon conducting of coordinated macroeconomic policy;

      3) develop the official forecasts of socio-economic development of the member states in recognition of established interval quantitative values of external parameters of forecasts;

      4) conduct coordinated macroeconomic policy within the quantitative values, specified in Article 63 of Agreement of the macroeconomic indicators, determining stability of economic development;

      5) develop and implement the measures, as well as the joint, upon participation of Commission, in the case if the macroeconomic indicators, determining stability of economic development of any member state do not correspond to the quantitative values, established by Article 63 of Agreement, as well as if it is necessary, consider recommendations of Commission, directed to stabilization of economic situation in accordance with procedure, approved by Commission;

      6) conduct consultations on issues, relating to the current economic situation in the member state, for development of suggestions, directed to stabilization of economy.

III. Competence of Commission

      4. Commission shall coordinate conducting of coordinated macroeconomic policy by the member states by:

      1) monitoring of:

      macroeconomic indicators, determining stability of economic development of the member states, calculated according to the method approved by Commission, and their correspondence to the quantitative values, established by Article 63 of agreement;

      indicators of the level and dynamics of development of economy and indicators of the degree of integration, determined in section IV of this Minute;

      2) development of the following documents, approved by the Supreme council in coordination with the member states:

      basic directions of economic development of the Union;

      basic guidelines of macroeconomic policy of the member states;

      joint measures, directed to stabilization of economic situation, in the case of exceeding of quantitative parameters of macroeconomic indicators, determining stability of economic development, specified in Article 63 of Agreement by the member states;

      3) development of:

      recommendations, directed to stabilization of economic situation, in the case of exceeding of quantitative parameters of macroeconomic indicators, determining stability of economic development, specified in Article 63 of Agreement by the member states;

      in the analytical (reference) purposes of forecasts of socio-economic development of the union on the basis of established interval quantitative values of external parameters of forecasts;

      4) assistance in conducting of consultations on issues, relating to the current economic situation in the member state, for development of suggestions, directed to stabilization of economy;

      5) coordination of interval quantitative values of external parameters of forecasts with the member states, approved by Commission for preparation of official forecasts of socio-economic development of the member states. The procedure for such approval shall be approved by the Commission;

      6) analysis of:

      influence of adopted decisions on conditions of economic activity and entrepreneurial activity of economic entities of the member states;

      measures of coordinated macroeconomic policy in a part of their correspondence to the basic guidelines of macroeconomic policy of the member states;

      7) exchange of information between the authorized bodies of the member states and Commission for the purposes of conducting of coordinated macroeconomic policy.

      Procedure of such exchange shall be approved by Commission.

      Footnote. Paragraph 4 as amended by Law of the RK No. 6-VII of 15.02.2021.

IV. Indicators of degree of integration, level and dynamics of
development of economy, external parameters of forecasts

      5. For determination of degree of integration shall be used the following indicators:

      1) the amount of direct investment directed into each Member State's economy, calculated on a net basis (in US dollars);

      2) the amount of direct investment entering the national economy from each Member State, calculated on a net basis (net) (in US dollars);

      3) a share of each member state in general volume of export of the member state (in percent)

      4) a share of each member state in the total volume of import of the member state (in percent);

      5) a share of each member state in the total external turnover of the member state (in percent).

      Footnote. Paragraph 5 as amended by Law of the RK No. 6-VII of 15.02.2021.

      6. For determination of the level and dynamics of development of economy shall be used the following indicators:

      1) the rates of growth of gross domestic product (in percent);

      2) gross domestic product per capita at parity of purchasing ability (in US dollars);

      3) balance of an account of current operations of balance of payment (in US dollars and percent of gross domestic product);

      4) index of real effective exchange rate of the national currency, calculated on the basis of index of consumer prices (in percent).

      7. Decision on conducting of monitoring of other indicators of the degree of integration, level and dynamics of development of economy of the member states, respectively different from the specified in paragraphs 5 and 6 of this Minute, may be adopted by the Commission in coordination with the member states.

      8. The member states shall coordinate the interval quantitative values of the following external parameters of forecasts for the 3-years period:

      rates of growth of the world economy;

      the prices for oil of the brand Brent.

      Bodies of executive power, authorized for preparation of official forecasts of socio-economic development of the member states shall be also exchanged information on the state of foreign trade operations, as well as in the mutual trade. The Russian Federation shall provide information on approximate interval of the change of target price on natural gas, supplied for the domestic consumption, specified by the authorized body for formation of official forecasts of socio-economic development of separate member states in the manner approved by the Commission.

      The specified information, provided by the Russian Federation for the purposes of macroeconomic forecasting shall not be the obligation of the Russian Federation on the price of supply of natural gas in the member state during the forecast period.

      National (central) banks of the member states shall inform each other on conducted exchange rate policy.

      9. Exchange of information for the purposes of macroeconomic forecasting shall be carried out in recognition of requirements of the member states to the confidentiality of the relevant information.

      10. Decision on revision of external parameters of forecasts, used upon development of official forecasts of socio-economic development of the member states may be adopted by the Superior council.

  ANNEX No.15
  to Agreement on
  Eurasian Economic Union

MINUTE on measures, directed to conducting of
coordinated foreign policy
I. General provisions

      1. This Minute is developed in accordance with Article 64 of Agreement on Eurasian Economic Union and determines the measures, applied by the member states for the purposes of conducting of coordinated currency policy.

      2. The concepts used in this Minute shall have the following meanings:

      “currency legislation” – the legislative acts of the member states in the scope of currency regulation and currency control and regulatory legal acts, adopted for their execution;

      “currency restriction” – restrictions for the currency operations, expressed in their direct prohibition, limitation of volumes, number and terms of conducting, currency of payment, in the establishment of requirements on reception of special permissions (licenses) for their conducting, booking of the part, the entire amount or the amount, multiple to the entire amount of conducted foreign operation, as well as restrictions, related with opening and maintenance of accounts in the territories of the member states, and requirements on compulsory sale of foreign currency, established by the international treaties and acts, constituting the Union Law, or currency legislation of the member states;

      “integrated currency market” – a set of domestic currency markets of the member states, associated by common principles of functioning and state regulation;

      “liberalization measures” – the actions, directed to relaxation or cancellation of currency restrictions in relation of currency operations between the residents of the member states, as well as in relation of operations with residents of third countries;

      “resident of the member state” – a person, who is the resident of one of the member states in accordance with currency legislation of this member state;

      “resident of third country” – a person, who is not the resident of any of the member states;

      “authorized organizations” – legal entities who are residents of the member states and who have the powers for conducting of banking operations in foreign currency in accordance with the legislation of the state of its institution;

      “authorized bodies of currency control” – bodies of executive power, other state bodies of the member states, having the power on carrying out of currency control, and national (central) banks of the member states.

      The member states shall apply the concept “non-resident” upon regulation of currency legal relations in accordance with the national currency legislation.

II. Measures directed to conducting of coordinated
currency policy

      3. For the purposes of conducting of coordinated currency policy the member states shall take the following measures:

      1) coordination of policy of exchange rate of national currency (hereinafter – exchange rate policy) for ensuring of expansion of the use of national currencies of the member states in the mutual calculations of residents of the member states, as well as organization of conducting of mutual consultations for the purposes of development and coordination of measures of exchange rate policy;

      2) ensuring of convertibility of national currencies on current and capital balance of payments figure without restrictions by creation of conditions for possibility of purchase and sale of foreign currency by the residents of the member states by the banks of the member states without restrictions;

      3) creation of conditions for ensuring of direct mutual quotations for national currencies of the member states;

      4) ensuring of conducting of mutual calculations between the residents of the member states in the national currencies of the member states;

      5) improvement of mechanism of payment and calculation relations between the member states on the base of expansion of the use of national currencies in the mutual calculations between the residents of the member states;

      6) non-admission of multiplicity of official exchange rates of national currencies, preventing to the mutual trade between the residents of the member states;

      7) establishment of the official exchange rates of the national currencies of the member states by the national (central) banks of the member states on the basis of exchange rates, forming in the exchanging market, or on the basis of cross rates of the national currencies of the member states to the US dollars;

      8) exchange of information on the state and prospects of development of currency market;

      9) formation of integrated currency market of the member states;

      10) ensuring of an access by each member state to their domestic currency market of banks that are the residents of the member states and having the right to implement the currency operations, for conducting of interbank conversion operations on conditions of provision of national regime in accordance with the legislation of this member state;

      11) granting a right to free conversion of their funds to the banks of the member states in the national currencies of the member states, being in their correspondent accounts, to the currencies of third countries;

      12) creation of conditions of placement of foreign currency assets of the member states in the national currencies of other member states, as well as in their state securities;

      13) further development and increasing of liquidity of domestic currency markets;

      14) development of trading of national currencies in the organized markets of the member states and ensuring of an access of participants of currency market of the member states to them;

      15) development of organized market of derivative financial instruments.

      4. For the purposes of approximation of the legislation of the member states, regulating the currency legal relations, and adoption of measures of liberalization, the member states shall:

      1) ensure the gradual elimination of currency restrictions in relation of currency operations, preventing to the effective economic cooperation and opening or maintenance of accounts by the residents of the member states in the banks, located in the territories of the member states;

      2) determine the coordinated approaches to the procedure of opening or maintenance of accounts of the residents of third countries in the banks, located in the territories of the member states, as well as accounts of residents of the member states in the banks, located in the territories of third countries;

      3) based on the principle of preservation of national sovereignty in relation of development of approaches to the requirement of repatriation of monetary means, subjected to the compulsory transfer to their banking accounts by the residents of the member states;

      4) determine the list of currency operations, carried out between the residents of the member states in relation of which the currency restrictions are not applied;

      5) determine the necessary volume of rights and obligations of residents of the member states upon carrying out of currency operations, including the rights for execution of calculations without the use of banking accounts in the banks, located in the territory of the member states;

      6) ensure harmonization of requirements on repatriation of monetary means, subjected to the compulsory crediting to their banking accounts by the residents of the member states;

      7) ensure free transfer of disposable funds and monetary instruments within the customs territory of the Union by the residents and non-residents of the member states;

      8) ensure harmonization of requirements to the accounting and control of currency operations;

      9) ensure harmonization of regulations on responsibility for violation of currency legislation of the member states.

III. Interaction of the authorized bodies of currency control

      5. Interaction of the authorized bodies of currency control shall be carried out by:

      1) exchange of information on:

      on practice of regulatory and law enforcement bodies of the member states in the field of control of observance of currency legislation;

      on measures of improvement and ensuring of functioning of the system of control of observance of currency legislation;

      on issues of organization of currency control, as well as information of legal nature, as well as on the legislation of the member states in the scope of currency control, on the change of the legislation of the member states in the scope of currency control;

      2) cooperation on prevention, detection and suppression of violation of the legislation of the member states by the residents of the member states upon carrying out by them of currency operations, including exchange of information, as well as on the basis of requests of the authorized bodies of currency control, on operations, conducted with violation of currency legislation;

      3) conducting of joint analytical researches on problems, affecting the mutual interests of the member states in the field of currency regulation and currency control;

      4) rendering of practical assistance on issues, arising in the process of cooperation, including creation of working groups, exchange of experience and personnel training;

      5) organization of exchange of statistical information on issues of currency regulation and currency control, as well as:

      on volumes of payments and transfer of monetary means by currency operations between the residents of the member states;

      on the number of accounts, opened by the residents of one member state in the authorized organization of another member state;

      6) carrying out of joint actions on other issues of cooperation of the authorized bodies of the currency control.

      6. Authorized bodies of currency control shall carry out interaction on the specific directions in the scope of currency control, including provision of information on the permanent basis, in accordance with the separate minutes on interaction between the authorized bodies of currency control.

      7. Rendering of practical assistance shall be carried out by:

      organization of working visits of representatives of the authorized bodies of currency control;

      holding of seminars and consultations;

      development of methodological recommendations and exchange them.

IV. Exchange of information on the basis of requests of
the authorized bodies of currency control

      8. Direction and execution of request on provision of information shall be carried out in the following procedure:

      1) a request is transferred in written form or by the use of technical means of text transmission.

      Upon use of technical means of text transmission, as well as in the case of doubts in relation of authenticity or content of received request, requested authorized body of currency control may request an approval in written form;

      2) a request on provision of information within production on cases of administrative infractions shall contain:

      the name of requested authorized body of currency control;

      the name of requested authorized body of currency control;

      short description of facts of the case with the annex, upon necessity of copies of supporting documents;

      qualification of infractions in accordance with the legislation of the state, requested authorized body of currency control;

      other details, necessary for execution of request;

      3) the request and response are composed in Russian languages.

      9. In the case of necessity of transfer of information, received within this Minute to the third party, it is required the written consent of the authorized body of currency control, provided this information.

      10. The request shall be executed in recognition of possibility of observance of procedural periods, established by the legislation of the state of requested authorized body of currency control, by the requested authorized body of currency control.

      The requested authorized body of currency control shall have a right to request an additional information according to the procedure of specification, if it is necessary for execution of request.

      11. Upon impossibility to execute a request, the requested authorized body of currency control shall notify on that the requested authorized body of currency control with specification of reasons.

      12. The authorized bodies of currency control shall bear expenses on exchange of information within interaction in the scope of currency control.

      In the case of reception of requests, requiring the additional expenses, the question on their financing shall be considered by the authorized bodies of currency control on mutual agreement.

V. Currency restrictions

      13. Each of the member states in the exceptional cases (if the situation may not be resolved by other measures of economic policy) shall have a right to introduce the currency restrictions for the term not more than 1 year.

      Upon that the exceptional cases shall include:

      occurrence of consequences, upon which the implementation of measures of liberalization may lead to deterioration of economic and financial situation in the member state;

      negative development of situation in the payment balance, the consequence of which may be reduction of international reserves of the member state lower than the permitted level;

      occurrence of consequences, upon which the implementation of measures of liberalization may cause a damage to the interests of security of the member state and prevent to the maintenance of public order;

      acute fluctuation of rates of the national currency of the member state.

      14. The member state which is introduced the currency restrictions shall notify on that other member states and Commission not later than 15 days from the date of introduction of such restrictions.

  ANNEX No.16
  to Agreement
  on Eurasian Economic Union

MINUTE
on the trade in services, institutions, activity and
implementation of investments
I. General provisions

      1. This Minute is developed in accordance with Articles 65-69 of Agreement on Eurasian Economic Union (hereinafter – the Agreement) and determines the legal basis of regulation of the trade in services, institution, activity and implementation of investments in the member states.

      2. Provisions of this Minute shall be applied to any measures of the member states, affecting the supply and obtainment of services, institution, activity and implementation of investments.

      Features of legal relations, arising in connection with the trade in services of telecommunication shall be determined according to the annex No.1 to this Minute.

      “Horizontal” restrictions, maintained by the member states in relation of all sectors and types of activity shall be determined according to annex No.2 to this Minute.

      Individual national lists of restrictions, seizures, additional requirements and conditions (hereinafter – the national lists), provided by paragraphs 15-17, 23, 26, 28, 31, 33 and 35 of this Minute shall be determined by the Superior council.

      3. Provisions of this Minute shall be applied to the open branches, representatives, registered individual entrepreneurs, created, acquired, controlled by the legal entities of the member states, continuing to exist on the date of entering of Agreement into legal force, as well as to the open branches, representatives, registered individual entrepreneurs, created, acquired, controlled by the legal entities of the member states after entering of Agreement into legal force.

      Despite of provisions of paragraphs 15 - 17, 21, 24, 27, 30 and 32 of this Minute, the member states shall reserve the right to adopt and apply any measures in relation of new services, in other words not existing on the date of entering of this Agreement into legal force.

      In the case of adoption or application of measure, which affects the new service and is incompatible with provision of specified paragraphs, the member state shall inform other member states and Commission on such measure not later than 1 month from the date of its adoption or application whichever is the earliest. The relevant changes in the national list of such member state shall be approved by the decision of the Superior Council.

      4. In relation of methods of supply of services, specified in the second and third items of subparagraph 22 of paragraph 6 of this Minute, provisions of this Minute shall not be applied to the rights of air transportation and services, directly related to the rights of transportation, except for the repair and operational servicing of aircrafts, supply and marketing of air transport services, as well as services of computer reservation system.

      5. The member states shall not use the easing of requirements, provided by their legislation and relating protection of life and health of human, environment, national security, as well as labor standards as the mechanism of involvement of persons of other member states, as well as persons of third states for institution in the territories of the member states.

II. Definitions and concepts

      6. The concepts used in this Minute shall have the following meanings:

      1) “recipient state” – a member state, in the territory of which the investments are carried out by the investors of other member states;

      2) “activity” – entrepreneurial and other activity (including the trade in services and production of goods) of legal entities, branches, representatives or individual entrepreneurs, listed in the second – sixth items of subparagraph 24 of this paragraph;

      3) “activity in connection with investments” – possession, use and (or) disposal of investments;

      4) “incomes” – funds, received in the results of implementation of investments, in particular, the dividends, percent, as well as license, commission and other remunerations;

      5) “legislation of the member state” – the laws and other regulatory legal acts of the member state;

      6) “applicant” – a person of one of the member state, applied to the component body of this or other member state with application on provision of permission;

      7) “investments” – material and intangible assets, invested by investor of one of the member state to the objects of entrepreneurial activity in the territory of another member state in accordance with the legislation of the last, as well as:

      monetary funds (money), securities, other property;

      a right to carry out the entrepreneurial activity, provided on the basis of the legislation of the member states or by agreement, including, in particular, the right to exploration, development, extraction and exploitation of natural resources;

      property and other rights, having monetary value;

      8) “investor of the member state” – any person of the member state, carrying out investments in the territory of another member state in accordance with the legislation of the last;

      9) “competent body” – any of the body or any organization, within the powers, delegated to them by the member state, carrying out control, permitting or other regulating function in relation of issues, covered by this Minute, in particular, administrative bodies, courts, professional organizations, associations;

      10) “a person of the member state” – any individual or legal entity of the member state;

      11) “measure of the member state” – the legislation of the member state, as well as any decision, action or omission of body or civil servant of this member state, which are adopted or applied at any level of the state power, by the bodies of local self-government or organizations upon carrying out by them the powers, delegated to them by these bodies.

      In the case of adoption (publication) of official document, having recommendatory nature by the body of the member state, such recommendation may be recognized as a measure of the member state, applied for the purposes of this Minute in the case, if it is proven that in practice the primary part of addressees of this recommendation (bodies of the state, regional and (or) municipal power, non-government bodies, as well as persons of this member state, persons of other member states, persons of any third state) follows it;

      12) “service receiver” – any person of the member state, to which the service is supplied or which intends to use the service;

      13) “service provider” – any person of the member state, which provides the service;

      14) “representation” – separate subdivision of legal entity, located outside of its location, which represents the interests of legal entity and carry out their protection;

      15) “permission” – provided by the legislation of the member state, based on the request of the applicant, the approval of the right of this person to carry out of defined activity or defined actions by the component body, as well as by inclusion to the register, issuance of official document (license, coordinated approval, conclusion, attestation, evidence, certificate and etc.). Upon that the permission may be issued according to the results of competitive selection;

      16) permitting procedures” – a set of procedures, implemented by the component bodies in accordance with the legislation of the member state, related with issuance and reissuance of permissions and their copies, termination, suspension and renewal or extension of the term of validity, deprivation (cancellation) of permissions, refusal to issue of permissions, as well as consideration of complaints on such issues;

      17) “permissive requirements” – a set of standards and (or) requirements (as well as license, qualification) to the applicant, holder of permission and (or) supplied services, carrying out an activity, relevant to the legislation of the member state, directed to ensuring of achievement of objectives of regulation, established by the legislation of the member state.

      In relation of permissions to carry out an activity, the permissive requirements may also have a purpose of ensuring the competitiveness and ability of applicant to carry out the trade in services and other activity in accordance with the legislation of the member state;

      18) “regime” – a set of measures of the member states;

      19) “service sector”:

      in relation of annex No.2 to this Minute, as well as in relation of the lists, approved by the Superior council, - one, several or all subsectors of separate service;

      in other cases – all sector of service, including all its subsectors;

      20) “territory of the member state” – the territory of the member state, as well as its exclusive economic zone and continental shelf, in relation of which it exercises the sovereign rights and jurisdiction in accordance with international right and its legislation;

      21) “test of economic feasibility” – conditioning of issuance of the relevant permissions by the evidence of existence of economic necessity or market demands, assessment of the potential or existing economic impact of activity or assessment of compliance of activity with the purposes of economic planning, established by the component body. This concept does not cover the conditions, which are related with planning of non-economic nature and justified on grounds of public interest, such as social policy, execution of programs of socio-economic development, approved by the local bodies within their competence, or protection of urban environment, as well as execution of town planning plans;

      22) “trade in services” – supply of services, including production, distribution, marketing, sale and delivery of servicers and carrying out by the following methods:

      from the territory of one of the member state to the territory of any other member state;

      in the territory of one member state by person of this member state to the service receiver of another member state;

      by the service provider of one member state by the establishment in the territory of another member state;

      by the service provider of one member state by presence of individuals of this member state in the territory of another member state;

      23) “third state” – the state that is not the member state;

      24) “institution”:

      creation and (or) acquisition of legal entity (participation in the capital of created or established legal entity) of any legal organizational form and form of ownership, provided by the legislation of the member state, in the territory of which such legal entity is created or established;

      acquisition of control over a legal entity of the member state, expressed in the getting of opportunity, either directly or through the third persons to determine decisions, adopted by such legal entity, as well as by disposition of votes, accrued to the voting stocks (shares), by participation in the board of directors (supervisory council) and in other management bodies of such legal entity;

      opening of a branch;

      opening of representation;

      registration as individual entrepreneur.

      The establishment shall be also carried out for the purposes of trade in services and (or) production of goods;

      25) “individual of the member state” – a citizen of the member state in accordance with the legislation of the member state;

      26) “branch” – a separate subdivision of legal entity, located outside of location and exercising all of its functions or their part, as well as functions of representation;

      27) “legal entity of the member state” – organization of any of legal organizational form, created or established in the territory of the member state in accordance with the legislation of this member state.

      7. United Nations Organizations (Central Products Classification) shall be determined and classified on the basis of International Central Products Classification, approved by the Statistical Commission of Secretariat for the purposes of this Minute of service sector.

III. Payments and transfers

      8. Except for the cases, provided by paragraphs 11 – 14 of this Minute, each member state shall cancel the current and not introduce the new restrictions in relation of transfers and payments in connection with the trade in services, establishment, activity and investments, and in particular in relation of:

      1) incomes;

      2) funds, paid in repayment of loans and credits, recognized by the member states as investments;

      3) funds, received by the investor in connection with the partial or full liquidation of commercial organization or sale of investments;

      4) funds, received by investor as compensation of damage in accordance with paragraph 77 of this Minute, and compensation, provided in paragraphs 79 – 81 of this Minute;

      5) salary and other remunerations, received by investors and citizens of other member states, to which are permitted to work in connection with implementation of investments in the territory of the recipient state.

      9. Nothing in this section affects the rights and obligations of any member state, resulting from its membership in the International monetary fund, including the rights and obligations, relating to the measures of regulation of currency operations, upon condition, that such measures of the member state correspond to the Articles of Agreement of International monetary fund dated 22 July, 1944 and (or) upon condition that the member state does not establish restrictions for the transfers and payments, that are incompatible with its obligations, provided by this Minute, relating such operations, except for the cases, specified in paragraphs 11 – 14 of this Minute or cases of application of restrictions at the request of International monetary fund.

      10. Transfers provided by paragraph 8 of this Minute may be executed in any freely convertible currency. Conversion of funds shall be carried out without unreasonable delay on the exchange rate, applied in the territory of the member state on the date of transfer of monetary funds and effecting payments.

IV. Restrictions in relation of payments and transfers

      11. In the case of deterioration in condition of balance of payments, significant reduction in international reserves, acute fluctuation of rates of the national currency or the threat of this, the member state may introduce restrictions in relation of transfers and payments, provided by paragraph 8 of this Minute.

      12. Restrictions specified in paragraph 11 of this Minute:

      1) shall not create discrimination between the member states;

      2) shall correspond to the Articles of Agreement of International monetary fund dated 22 July, 1944;

      3) shall not cause excessive damage to the commercial, economic and financial interests of any other member state;

      4) shall not be more burdensome than necessary to overcome the circumstances specified in paragraph 11 of this Minute;

      5) shall be temporary and eliminated gradually due to disappearance of circumstances, specified in paragraph 11 of this Minute.

      13. Upon determination of the scope of effect of restrictions, specified in paragraph 11 of this Minute, the member states may prefer the supplies of goods or services, which are more essential to their economic programs or development programs. However such restrictions shall not be established and maintained for the purposes of protection of defined economic sector.

      14. Any restrictions established or maintained by the member states in accordance with paragraph 11 of this Minute, or any of their changes are the subject of immediate notification of other member states.

V. Participation of the state

      15. Each member state shall provide the regime in its territory in relation of participation in privatization to the persons of another member state, not less favorable, that the regime, provided to the persons of its member state in recognition of restrictions, seizures, additional requirements and conditions, specified in the national lists or in the annex No.2 to this Minute.

      16. If in the territory of the member state act the legal entities, in the capital of which participates this member state or which are controlled by them, such member state shall ensure that the specified persons:

      1) carry out its activity on the basis of business considerations and participate in the relations, regulated by this Minute:

      on the basis of principle of equality with other participants of these relations;

      on the basis of principle of non-discrimination of other participants of these relations depending on their citizenship, place of registration (establishment), legal organizational form or form of ownership;

      2) do not gain the rights, privileges or obligations exclusively by virtue of participation of the member state in their capital or control over them by this member state.

      The specified requirements shall not be applied in the case, when the activity of such legal entities is directed to solution of tasks of social policy of the member state, as well as in relation of restrictions and conditions, specified in the national lists or in the annex No.2 to this Minute.

      17. Provisions of paragraph 16 of this Minute shall be also distributed to the legal entities, vested with exclusive rights or special privileges formally or in practice, except for the legal entities, vested with the rights and (or) privileges, included on the basis of subparagraph 2 and 6 of paragraph 30 of this Minute in the national lists or in the annex No.2 to this Minute, and legal entities, regulation of activity of which is carried out in accordance with section XIX of Agreement.

      18. Each of the member states shall ensure that all bodies of this member state at any level of the state power or its local government bodies are independent, beyond the control and non-accountable to any person, carrying out the business activity in the economic sector, the regulation of which enters in the scope of the competence of relevant body, without damage to the provisions of Article 69 of Agreement.

      The measures of this member state, as well as decision of the specified body, the rules and procedures established and applied by it shall be impartial and objective in relation to all persons, carrying out the business activity.

      19. Each of the member states may preserve the legal entities, being the subjects of natural monopolies in its territory in accordance with obligations, resulting from the section XIX of Agreement, and despite of provisions of paragraph 30 of this Minute. The member state which preserves such legal entities in its territory shall ensure that legal entities act in a manner compatible with the obligations of this member state, resulting from the section XIX of Agreement.

      20. If the legal entities of one of the member state, specified in paragraph 19 of this Minute shall compete directly or through the legal entities controlled by them outside the scope of its monopoly rights with persons of other member states, the first member state shall ensure that such legal entity does not abuse its monopoly position, acting in the territory of the first member state in a manner incompatible with the obligations of such first member state, resulting from this Minute.

VI. Trade in services, establishment and activity
1. National regime upon trade in services,
establishment and activity

      21. Each member state in relation of all measures, affecting the trade in services shall provide to the services, providers and service receivers of another member state the regime is not less favorable than the regime, provided under the same (similar) circumstances to their own same (similar) services, providers and service receivers.

      22. Each member state may fulfill the obligations, specified in paragraph 21 of this Minute by provision to the services, providers and service receivers of any member state formally the same or formally different regime in relation to that which is provided by this member state to their own the same (similar) services or providers or service receivers.

      Formally the same or formally different regime shall be considered less favorable, if it changes the conditions of competition in favor of services, providers and (or) service receivers of this member state in comparison with the same (similar) services, providers and (or) service receivers of any member state.

      23. Despite of provision of paragraph 21 of this Minute, each member state in relation of services, providers and service receivers of another member state may apply the separate restrictions and conditions, specified in the national lists or in the annex No.2 to this Minute.

      24. Each member state shall provide to the persons of any member state in relation of establishment and activity the regime not less favorable than the regime provided upon the same (similar) circumstances to their own persons in its territory.

      25. Each member state may fulfill the obligations, specified in paragraph 24 of this Minute by provision to the persons of any member state formally the same or formally different regime in relation to that which is provided by this member state to their own persons. Upon that such regime is considered less favorable if it changes conditions of competition in favor of persons of this member state in comparison with persons of any member state.

      26. Despite of provision of paragraph 24 of this Minute, each member state in relation of establishment and activity of persons of any member state may apply the separate restrictions and conditions, specified in the national lists or in the annex No.2 to this Minute.

2. The most-favored-nations regime upon trade in services,
establishment and activity

      27. Each member state shall provide, upon the same (similar) circumstances, to the services, providers and service receivers of any member state the regime not less favorable than the regime provided to the same (similar) services, providers and service receivers of third states.

      28. Despite of provision of paragraph 27 of this Minute, each member state in relation of services, providers and service receivers of any member state may apply the separate seizures, specified in the national lists or in the annex No.2 to this Minute.

      29. Each member state shall provide, upon the same (similar) circumstances, to the persons of any member state, as well as to the persons, established by them, in relation of establishment and activity in its territory, the regime not less favorable than the regime, provided to the persons of third states, as well as to the persons, established by them.

3. Quantitative and investment measures

      30. The member states shall not introduce and apply in relation of persons of any member state in connection with the trade in services, establishment and activity, the restrictions, relating to:

      1) the number of service providers in the form of quota, test to the economic feasibility or in any other quantitative form;

      2) the number of created, acquired and (or) controlled legal entities, branches or representatives, registered individual entrepreneurs;

      3) operations of any service providers in the form of quota, test to the economic feasibility or in any other quantitative form;

      4) operations of created, acquired or controlled legal entity, branch, representative, registered individual entrepreneur in the course of carrying out of activity by them in the form of quota, test to the economic feasibility or in any other quantitative form;

      5) form of establishment, as well as legal organizational form of legal entity;

      6) acquired share in the charter capital of legal entity or the degree of control over the legal entities;

      7) restrictions of total number of individuals, which may be engaged in a particular services sector, or number of individuals which service provider may hire and which are necessary and directly relate to the supply of particular service, in the form of quantitative quotas or test to the economic feasibility.

      31. Each member state in relation of services, providers and service receivers of any member state may introduce and apply restrictions, specified in paragraph 30 of this Minute, in the case if such restrictions are provided by the national list or annex No.2 to this Minute

      32. None of the member states shall not introduce and apply the following additional requirements in relation of persons of the member states as well as persons, established by them as conditions in connection with establishment and (or) activity:

      1) export all produced goods or services or their part;

      2) import the goods or services;

      3) purchase and use the goods or services, the state of origin of which is the member state;

      4) requirements that restrict the sale of goods or supply of services to the territory of this member state, import of goods to the territory of this member state or export of goods from the territory of this member state and linked to the volumes of produced goods (supplied services), use of local goods or services or restrict an access of enterprise to the foreign currency, accrued in connection with operations, specified in this subparagraph;

      5) transfer the technology, know-how and other information that has commercial value, except for the cases of their transfer on the basis of decision of the court or body, authorized in the field of protection of competition, upon observance of rules of implementation of competitive policy, established by other international treaties of the member states.

      33. Each member state may introduce and apply the additional requirements, specified in paragraph 32 of this Minute, in relation of persons of other member states in the case if such restrictions are provided by the national list or annex No.2 to this Minute.

      34. Fulfilment of requirements specified in paragraph 32 of this Minute may not be the ground for reception of any preference by person of any member state in connection with establishment or activity.

4. Transfer of individuals

      35. Each member state shall not apply and introduce restrictions, related with hiring of employees in its territory in relation of activity of created, acquired or controlled legal entity, branch, representation, registered individual entrepreneur, except for the restrictions and requirements, specified in the national list or in the annex No.2 to this Minute, in recognition of provisions of section XXVI of Agreement.

      36. Provisions of paragraph 35 of this Minute shall not be applied in relation of requirements, presented to education, experience, qualification, business qualities of employees in the case if their application does not lead to the actual discrimination of employees depending on the citizenship.

      37. Each member state shall not apply and introduce restrictions in relation of individuals, participating in the trade in services by the method, specified in the fifth item of subparagraph 22 of paragraph 6 of this Minute and presenting in the territory of this member state in recognition of provisions of section XXVI of agreement.

5. Formation of the single market of services

      38. For the purposes of this section under the single market shall be regarded the state of the services market within the specific sector, in which each member state grants to the persons of any other member state the right to:

      1) supply and reception of services on the conditions, specified in paragraphs 21, 24, 27, 29, 30 and 32 of this Minute without restrictions, seizures and additional requirements, except for the conditions and restrictions, provided by annex No.2 to this Minute;

      2) supply of services without additional establishment in the form of legal entity;

      3) supply of services on the basis of permission for supply of services, received by the service provider to the territory of its member state;

      4) recognition of professional qualification of the personnel of service provider.

      39. The rules of the single market of services shall apply in relation of the member states on the conditions of mutuality.

      40. The single market of services within the Union shall operate in the service sectors, approved by the Superior Council on the basis of coordinated suggestions of the member states and Commission.

      41. The member states shall work for distribution of rules of the single market of services on the maximum number of service sectors, as well as by phased reduction of seizures and restrictions, provided by the national lists on the mutual basis.

      42. Procedure and stages of formation of the single service market on the separate sectors shall be provided by the plans of liberalization, developed on the basis of coordinated suggestions of the member states and Commission, approved by the Superior Council (hereinafter – the plans of liberalization).

      43. Plans of liberalization may provide the later terms of liberalization of separate service sectors for the separate member states that is not an obstacle for other member states to create the single market in these service sectors on the conditions of mutuality.

      44. Provisions 1-4 of this section shall be applied in the sectors, in relation of which the rules of the single service market are not valid.

6. Mutual relations with third states on issues of the trade
in services, establishment, activity and implementation
of investments

      45. Nothing in this section shall prevent to the member states to conclude the international agreements on economic integration, complying with the requirements of paragraph 46 of this Minute with the third states.

      Each member state, concluded such international agreement on economic integration shall provide concessions, which it provides within such international agreement on economic integration to the member states upon the same (similar) conditions.

      Under the concessions in this paragraph shall be regarded the cancellation by the member state of one or separate restrictions, provided by its national list.

      46. For the purposes of this Minute, the international agreements on economic integration between the member states and third state shall be regarded the international agreements, which comply with the following criteria:

      1) cover a significant number of service sectors, and certainly do not exclude under any circumstances a priori none of the methods of supply of services, issues of establishment and activity;

      2) directed to elimination of existing discrimination measures and prohibition of introduction of new;

      3) directed to liberalization of the trade in services, establishment and activity.

      The purpose of such international agreements is facilitation of the trade in services and conditions of establishment and activity between its participants. Such agreement shall not lead to increase of overall level of barriers in the trade in services in the certain sectors or subsectors in relation of any third state in comparison with the level, which is applied before conclusion of such agreement.

      47. The member state concluded the international agreement on economic integration with the third state shall be obliged to inform on its conclusion other member states during 1 month from the date of its signing.

      48. The member states shall independently determine its foreign trade policy in relation of the trade in services, establishment, activity and implementation of investments with the third states.

7. Additional rights of service receiver

      49. Each member state shall not establish requirements or special conditions, limiting the rights to reception, use or payment for service, rendering (rendered) by the service provider of another member state, including selection of service provider or obligation of reception of permission of the component bodies in relation of service receiver, in recognition of provisions of section XV of Agreement.

      50. Each member state shall ensure non-application of discriminatory requirements or special conditions depending on its citizenship, place of residence or place of establishment or activity in relation of service receiver, in recognition of provisions of section XV of Agreement.

      51. Each member state obliges:

      1) the service providers to provide the necessary information to the service receivers in accordance with Agreement and the legislation of the member state;

      2) the component bodies to take measures on protection of rights and legal interests of service receivers.

      52. Nothing in this Minute shall affect the right of the member state to take any measures, necessary for implementation of its social policy, including the issues of retirement insurance and social support of population.

      The issues of access of consumers to the services, covered by the sections XIX, XX and XXI of Agreement, and regime, provided to the consumers of such services shall be regulated by provisions of these sections, respectively.

8. Mutual recognition of permissions and professional qualifications

      53. Recognition of permission for supply of services in the sectors, in relation of which the plans of liberalization are implemented shall be ensured after adoption of measures, specified in paragraphs 54 and (or) 55 of this Minute.

      54. The member states may adopt the decision on mutual recognition of permissions for supply of services in the specific sectors in connection with achievement of substantial equivalence regulation in these sectors on the basis of mutual consultations (as well as interdepartmental nature).

      55. The plans of liberalization shall be ensured:

      1) the phased approximation of mechanisms of access to carrying out of activity (as well as permissive requirements and procedures) by harmonization of the legislation of the member states with establishment of terms of termination of such harmonization on the specific sectors of services;

      2) creation of mechanisms of administrative cooperation in accordance with Article 68 of Agreement;

      3) recognition of professional qualification of employees of service providers.

      56. In the case if the pass of professional examination is required for the access to implementation of professional services, each member state shall ensure the non-discrimination procedure of passing of such professional examination.

9. Internal regulation upon trade in services and in
relation of establishment and (or) activity

      57. Each member state shall ensure that all measures of this member state, affecting to the trade in services, establishment and activity are applied by the reasonable, objective and impartial manner.

      58. Each member state shall preserve or create as soon as practically possible, the judicial, arbitral or administrative bodies or procedures which at the request of persons of other member states, the interests of which are affected, provide the immediate consideration and reasonable adoption of measures for the purposes of change of administrative decisions, affecting to the trade in services, establishment and activity. In the cases, when the specified procedures are not independent from the body, authorized to adopt such administrative decisions, the member state shall ensure that procedures in fact provide the objective and impartial consideration.

      59. Provisions of paragraph 58 of this Minute shall not provide requirements to the member state to create the bodies or procedures, specified in paragraph 58 of this Minute, when it is inconsistent with its constitutional procedure or nature of its legal system.

      60. If it is necessary to obtain permission for the trade in services, establishment and (or) activity, the competent bodies of the member state shall inform the applicant on consideration of application and decision adopted according to the results of its consideration during the reasonable period after presentation of application, which is considered as executed in accordance with requirements of the legislation of the member stat and rules of regulation.

      The specified application shall not be considered as duly executed until all documents and (or) details are received in accordance with requirements of the legislation of the member state.

      In any case the possibility to make the technical correction in the application shall be provided to the applicant.

      The competent bodies of the member state shall provide information on the course of consideration of application without undue delay at the request of applicant.

      61. To ensure that the permissive requirements and procedures do not create unnecessary barriers upon trade in services, establishment and activity, the Commission shall develop the rules, approved by the Superior Council in coordination with the member states. These rules are intended to ensure that such permissive requirements and procedures among other things:

      1) based on such objective and public criteria as the competence and ability to trade in services and activity;

      2) shall not be more burdensome than necessary to ensure the safety of existing activity, as well as the safety and quality of services provided;

      3) shall not be restriction for the trade in services, establishment and (or) activity.

      62. The member states shall not apply the permissive requirements and procedures, which cancel or reduce the benefits and:

      1) do not correspond to the criteria, specified in paragraph 61 of this Minute;

      2) are not be established by the legislation of the member state and are not applied by the relevant member state on the date of signing of Agreement.

      63. Upon determination of the fact of fulfilment of obligations, specified in paragraph 62 of this Minute by the member state, the international standards of international organizations, membership of which is opened for all member states shall be taken into consideration.

      64. In the case if the member state applies the permissive requirements and procedures in relation of the trade in services, establishment and (or) activity, such member state shall ensure that:

      1) the name of competent bodies responsible for issuance of permission were published or otherwise brought to the general knowledge;

      2) all permissive requirements and procedures were established in the legislation of the member state and any act, establishing or applying the permissive procedures and requirements is published before the date of entering into legal force (introduction into effect);

      3) the competent bodies are adopted decision on issuance or refusal in issuance of permission during the reasonable term, determined in the legislation of the member state, as a rule, not later than 30 business days from the date of receipt (receipt) of application on issuance of permission, which is considered as executed in accordance with requirements of the legislation of the member state. Such term shall be determined on the basis of minimum time, required for reception and processing of all documents and (or) details, necessary for implementation of permissive procedure;

      4) any charges, collected in connection with presentation and consideration of application, except for the charges, collected for the right to carry out an activity, were not be restriction on its own terms for the trade in services, establishment, activity and based on the expenditures of the component body, related with consideration of application and issuance of permission;

      5) the competent body of the member state informed the applicant on the state of consideration of its application, as well as if the statement is considered as duly executed in accordance with paragraph 60 of this Minute upon expiration of the term, specified in subparagraph 3 of this paragraph and at the request of the applicant.

      In any case the rights provided by paragraphs 57, 58, 60, 62 and 64 of this Minute shall be provided to the applicant in any case;

      6) the competent body, refused to accept the application, informed the applicant on reasons of such refusal in written form at the written request of applicant, who was refused to accept the application. Upon that such provision shall not be interpreted as the requirement from the competent body of information release, the disclosure of which prevents to execution of the Law or otherwise contradicts to the public interests or essential interests of security of the member state;

      7) in the case if it was refused in acceptance of application, may file a new application, if the component body refused to accept such application on the reason of its duly execution;

      8) issued permissions for supply of services were valid over the whole territory of the member state, specified in such permissions.

VII. Investments
1. General provisions

      65. Provisions of this section shall be applied in relation of all investments, implemented by investors of the member states in the territory of another member state since 16 December, 1991.

      66. One of the forms of implementation of investments is establishment within the meaning of subparagraph 24 of paragraph 2 of this Minute. Provisions of this Minute, except for the provisions of paragraphs 69 – 74 of this Minute shall be applied to such investments.

      67. The change of the methods of implementation of investments, as well the forms, in which the investments are contributed or reinvested, shall not affect to their qualification as the investments upon condition, that such change does not contradict to the legislation of the recipient state.

2. Legal regime and protection of investments

      68. Each member state shall ensure fair and equal regime in its territory in relation of investments and activity in connection with investments, implemented by the investors of other member states.

      69. Regime specified in paragraph 68 of this Minute shall not be less favorable than the regime which is provided by this member state in relation of investments and activity in connection with such investments, implemented by their (national) investors.

      70. Each member state, upon the same (similar) circumstances, shall provide to the investors of any other member state, their investments and activity, related with such investments, the regime not less favorable than the regime provided to the investors of any third state, their investments and activity, related with such investments.

      71. Regimes provided by paragraphs 69 and 70 of this Minute shall be provided by the member states on the choice of investor depending on which of the regimes is most favorable.

      72. Each member state shall create favorable conditions for implementation of investments by the investors of other member states in its territory and shall admit such investments in accordance with its legislation.

      73. Each member state shall reserve the right to restrict the activity of investors of other member states in accordance with its legislation, as well as apply and introduce other withdrawals from the national regime, specified in paragraph 69 of this Minute.

      74. Provisions of paragraph 70 of this Minute shall not be interpreted as obligation of the member state to distribute on the investments and activity in connection with such investments of investors of other member states, the advantages of any regime, preferences or privileges, which are provided or may be provided in the future to this member state on the basis of international treaties on avoidance of double taxation or other agreements on issues of taxation, as well as agreements, specified in paragraph 46 of this Minute.

      75. Each recipient state shall guarantee to the investors of other member states after execution by them of all tax and other obligations, provided by the legislation of the recipient state:

      1) the right to use and dispose of incomes, received according to the results of implementation of investments in any purposes, not prohibited by the legislation of the state recipient;

      2) excluded by Law of the RK No. 6-VII of 15.02.2021;

      3) the right to freely exercise the transfer of monetary funds (money) and payments, related with investments, specified in paragraph 8 of this Minute to any country at the discretion of the investor.

      Footnote. Paragraph 75 as amended by Law of the RK No. 6-VII of 15.02.2021.

      76. Each member state shall guarantee and ensure protection of investments of investors of other member states in its territory in accordance with its legislation.

3. Compensation of damage and guarantees of investors

      77. Investors shall have a right to compensate the damage, caused to their investments according to the results of civil disorders, military actions, revolution, mutiny, imposition of the state of emergency or other similar circumstances in the territory of the member state.

      78. Upon that such investors are provided by the regime not less favorable than which the recipient state provides to their national investors or investors of third state in relation of measures, adopted by this member state in connection with compensation of such damage depending on which of regimes is most favorable for the investor.

4. Guarantees of the rights of investor upon expropriation

      79. Investments of investors of one of the member state, implemented in the territory of another member state may not be directly or indirectly subjected to expropriation, nationalization, as well as other measures, equivalent on the consequences of expropriation or nationalization (hereinafter – expropriation), except for the cases, when such measures are applied for the public interests in the manner established by the legislation of the recipient state and are not be discriminatory and accompanied by the payment of prompt and adequate compensation.

      80. Compensation specified in paragraph 79 of this Minute shall correspond to the market value of expropriated investments of investor on the date, immediately preceding the date of their actual expropriation or the date, when it became common knowledge on the coming expropriation.

      81. Compensation specified in paragraph 79 of this Minute shall be paid without delay in the term, provided by the legislation of the recipient state, but not later than 3 months from the date of expropriation and freely transferred abroad from the territory of the recipient state in the freely convertible currency.

      In the case of delay of payment of compensation from the date of expropriation until the date of actual payment of compensation for the amount of compensation, the interests, calculated on the rate of the national interbank market are charged on actually provided credits in US dollars for the period until 6 months but not below the rate of LIBOR or in the manner determined by agreement between investors and member state.

5. Transfer of rights of investors

      82. The member state or body authorized by them, which is made the payment to the investor of its state on the basis of guarantee of protection from non-commercial risks in connection with investments of such investor in the territory of the recipient state may exercise the rights of investor in the same extent as the investor in the manner of subrogation.

      83. The rights specified in paragraph 82 of this Minute shall be carried out in accordance with the legislation of the recipient state but without damage for provisions of paragraphs 21, 24, 27, 29, 30 and 32 of this Minute.

      84. The disputed between the recipient state and investor of another member state, arising in connection with investments of this investor in the territory of the recipient state, including the disputes, relating the amounts, conditions or procedure for payment of amounts, received as compensation of damage in accordance with paragraph 77 of this Minute, and compensation, provided by paragraphs 79-81 of this Minute, or procedure of making payments and transfer of monetary funds, provided by paragraph 8 of this Minute shall be resolved as far as possible by conducting of negotiations.

      85. If the dispute is not resolved by conducting of negotiations during 6 months from the date of written notification of any of the parties of dispute on conducting of negotiations, it may be submitted, on the choice of investor, for consideration of:

      1) the judge of recipient state, competent to consider the relevant disputes;

      2) international commercial arbitration at the chamber of trade of any of the state, coordinated by participants of dispute;

      3) arbitration court ad hoc, that shall be created and effect according to the Rules of Arbitration of Commission of United Nations Organization on the right of international trade (UNCITRAL), if the parties of dispute do not agree to another;

      4) International center on regulation of investment disputes, created in accordance with Convention on regulation of investment disputes between the states and individuals or legal entities of other states dated 18 March, 1965, for resolution of a dispute in accordance with provisions of this Convention (upon condition, that it is entered into legal force for both member states of the parties of dispute) or in accordance with Additional rules of International center on regulation of investment disputes (in the case if Convention is not entered into legal force for both or one of the member states of the parties of dispute).

      86. The investor submitted the dispute for regulation to the national court or in one of the arbitration courts, specified in subparagraphs 1 and 2 of paragraph 85 of this Minute shall not have a right to redirect this dispute for consideration to any other court or arbitration court.

      The choice of investor in relation of the court or arbitration court specified in paragraph 85 of this Minute shall be final.

      87. Any arbitral decision on the dispute, considered in accordance with paragraph 85 of this Minute shall be final and compulsory for the parties of dispute. Each member state shall be obliged to ensure execution of such decision in accordance with its legislation.

  Annex No.1
  to the Minute on the trade in
  services, establishment, activity
  and implementation of investments

Procedure of the trade in telecommunication services

      1. This Procedure shall be applied to the measures of the member states, regulating carrying out of activity in the field of telecommunication.

      2. This Procedure shall not be applied to activity in the field of mail service.

      3. Nothing in this Minute shall be construed as requiring from any of the member states (or requiring from the member state to oblige the service providers, that are under its jurisdiction) to establish the special requirements in relation of telecommunication networks, without connection to the public telecommunications network.

      4. The concepts used in this Minute shall have the following meanings:

      “public telecommunications network” – technological system, including the means and communication links, intended for the mutual rendering of services of telecommunication to any user of services of telecommunication in the territory of the member state in accordance with the legislation of the member state;

      “universal telecommunication services” – the list of services of telecommunication, established by the member state, rendering of which to any user of services of telecommunication in any inhabited locality with specified quality and price level, ensuring the availability of these services, is compulsory for operators of the universal service;

      “telecommunication services” – an activity on reception, processing, storage, transfer and delivery of telecommunication messages.

      5. Each member state shall ensure that the information on conditions of access to the public telecommunication networks and telecommunication services is publicly available (including information on conditions of rendering of services, as well as on tariffs (prices) of specification of technical connections with such networks, on bodies, responsible for preparation and adoption of standards, affecting such access and use, on conditions, concerning the connection of the terminal equipment or other equipment, as well as on requirements to notifications, registration or licensing and any other permissive procedures, if necessary).

      6. An activity on rendering of telecommunication services shall be carried out on the basis of licenses issued by the authorized bodies of the member states within territorial borders established in it with observance of terms and with the use of numeration, assigned to each operator in the manner established by the legislation of the member states.

      7. Upon carrying out of activity on rendering of telecommunication services with the use of radio-frequency spectrum except for the license for carrying out of activity in the territory of the member state, it is necessary to obtain a decision of the authorized body of the member state on allocation of relevant radio-frequency bands, radio-frequency channels or radio-frequency for operation of radio electronic means and assignment (appointment) of the relevant radio-frequencies and (or) radio-frequency channels.

      8. Allocation of radio-frequency bands, radio-frequency channels or radio-frequency, assignment (appointment) of radio-frequency or radio-frequency channels, issuance of permissions for the right of the use of radio-frequency spectrum shall be carried out in the manner established by the legislation of the member states.

      9. Payments related with allocation and use of radio-frequency spectrum shall be collected in the manner and amounts established by the legislation of the member states.

      10. The member states shall take all necessary measures, including legal and administrative, for ensuring of nondiscriminatory, equal access to the networks and services of telecommunication.

      11. Connection to the public telecommunication network of telecommunication operator irrespective of its position in the market of telecommunication services shall be carried out in accordance with the legislation of the member state in the existence of technical capability on the conditions not less favorable than those provided for other telecommunication operators of the member states, operating under comparable conditions.

      12. The member states shall have a right to introduce and apply the state regulation of tariffs for the separate types of telecommunication services. Formation of tariffs for the telecommunication services shall be based on the requirements of the legislation of the member state.

      The member states shall guarantee rendering of services on the tariffs of country of residence to the persons of any of the member states upon condition of conclusion of agreement on rendering of telecommunication services with operators of country of residence.

      13. In relation of those types of telecommunication services, the tariffs on which are not subject to the state regulation, the member states shall ensure the availability and effective application of competitive legislation, preventing to distortion of conditions of competition between suppliers, as well as receivers of telecommunication services of the member states.

      14. A common approach to establishment of price formation for the services on traffic transfer by the member states shall be approved by the Council of Commission by 1 January, 2020.

      15. The member states shall take all necessary measures for ensuring unimpeded traffic transfer, including transit, by the telecommunication operators of the member states, on the basis of inter-operator agreements, as well as in recognition of technical capabilities of networks.

      16. The member states shall guarantee non-application of subsidization of services of local and long-distance telecommunication due to completion of international call on its territory.

      17. Distribution and use of resources of radio-frequency spectrum, as well as numbering resource shall be carried out in accordance with the legislation of the member states.

      18. The member states shall guarantee rendering or universal telecommunication services in its territory on the basis of unified principles and rules, provided by recommendations of international organizations in this field. Each member state shall have a right to independently determine the obligations on rendering of universal service. These obligations shall not be considered as anti-competitive upon condition that they are carried out on the basis of transparency, non-discrimination and neutrality in terms of competition and will not be more burdensome than it is necessary for the type of universal service determined by the member state.

      19. Regulatory bodies of the member states independent of the telecommunication operators and are not accountable to them. Decisions of such bodies shall be impartial in relation to all participants of this market.

  Annex No.2
  to the Minute on the trade
  in services, establishment,
  activity and implementation
  of investments

The list of “horizontal” relations in relation of all sectors
and types of activity, retained by the member states

      Footnote. Annex 2 as amended by Laws of the Republic of Kazakhstan № 265-V as of 24.12.2014; № 346-V as of 02.08.2015.
     

Restriction

The grounds for the application of restriction(paragraphs of annex No.16 to Agreement)

The ground for application of restriction (regulatory legal act)

I. Republic of Belarus

1. Conditions and procedure of access, including restrictions of such access to subsidies and other measures of the state support shall be established by the legislation of the Republic of Belarus and fully applied, but without damage for provisions of sections XXIV and XXV of Agreement on Eurasian Economic Union (hereinafter – Agreement)

paragraphs 23 and 26

The Budget Code of the Republic of Belarus, the Tax Code of the Republic of Belarus, the Laws of the Republic of Belarus on the republican budget for the relevant year, Decree of the President of the Republic of Belarus dated 28 March, 2006 No.182 “On the improvement of the legal regulation of the order of state support to legal entities and individual entrepreneurs”, regulatory legal acts of the Republic of Belarus, republican and local state bodies

2. The land plots may be at the foreign legal entities and individual entrepreneurs only on the tenant right

paragraphs 23 and 26

The Decree of the President of the Republic of Belarus dated 27 December, 2007 No.667 “On the seizure and provision of land plots”, the Code of the Republic of Belarus on land

3. Selection procedure of concessioner and the list of essential conditions of concession agreement shall be established in accordance with the legislation of the Republic of Belarus. The activity or the right of possession and use of the object of the concession on the basis of concession agreement, as well as determination of its conditions

paragraphs 15 - 17, 23, 26, 31 and 33

The Law of the Republic of Belarus dated 12 July, 2013 No.63-3 “On concessions”, the Decree of the President of the Republic of Belarus dated 6 August, 2009 No.10 “On creation of additional conditions for investment activity in the Republic of Belarus”, and the Law of the Republic of Belarus dated 12 July, 2013 No. 53-3 “On investments”

4. Priority in the provision of animal world for the use in the specific territory or water areas is given to the legal entities and citizens of the Republic of Belarus

paragraphs 23 and 26

The Law of the Republic of Belarus dated 10 July, 2007 No.257-3 “On animal world”

5. Land management (the measures on land inventory, planning, land-use, establishment (restoration) and consolidation the boundaries of objects of land management, conducting of other land management measures, directed at enhancement of efficiency of the use and land protection) shall be carried out only by the state organizations, subordinated (included to the system) to the special authorized body of the state administration

paragraphs 16, 17, 23, 26 and 31

The Law of the Republic of Belarus dated 15 July, 2010 No.169-3 “On objects, that are only owned by the state, in the types of activity, on the carrying out of which the exclusive rights of the state are distributed”, the Decree of the President of the Republic of Belarus dated 27 December, 2007 No.667 “On the seizures and provision of land plots”

6. Technical inventory and the state registration of immovable property, the rights to it and transactions with it shall be carried out only by the state organizations, subordinated (included to the system) to the special authorized body of the state administration

paragraphs 16, 17, 23, 26 and 31

The Law of the Republic of Belarus dated 15 July, 2010 No.169-3 “On objects, that are only owned by the state, in the types of activity, on the carrying out of which the exclusive rights of the state are distributed”, the Law of the Republic of Belarus dated 22 July, 2002 No.133-3 “On the state registration of immovable property, the rights to it and transactions with it”

7. Assessment of the state property for making transactions with it and (or) other legally significant actions shall be carried out by the state organizations, organizations, the share of the state property in the charter fund of which is more than 50 %, carrying out assessment activity, as well as organizations, subordinated (included to the system) to the special authorized body of the state administration

paragraphs 16, 17, 23, 26 and 31

The Decree of the President of the Republic of Belarus dated 13 October, 2006 No.615 “On valuation activity”

8. Geodetic and cartographic works, the results of which have the national, inter-industry purpose shall be carried out only by the state organizations, subordinated (included to the system) to the special authorized body of the state administration

paragraphs 16, 17, 23, 26 and 31

The Law of the Republic of Belarus dated 15 July, 2010 No.169-3 “On objects, that are only owned by the state, in the types of activity, on the carrying out of which the exclusive rights of the state are distributed”

II. The Republic of Kazakhstan

1. Conditions and procedure of access, including restrictions of such access to subsidies and other measures of the state support shall be established by the legislation of the Republic of Kazakhstan and bodies of power and fully applied, but without damage for provisions of sections XXIV and XXV of Agreement

paragraphs 23 and 26

The Budget Code of the Republic of Kazakhstan on republican budget for the relevant year, regulatory legal acts of the Republic of Kazakhstan, republican and local state bodies

2. The land plots intended for maintenance of the commercial agriculture and forestation may not be in the private ownership of foreign entities. The right of the temporary use a land for a fee for the maintenance of peasant or farm enterprise and commercial agriculture shall be granted to the foreign entities for the term up to 10 years.

paragraphs 23 and 26

The Land Code of the Republic of Kazakhstan

3. Provision of land plots, located in the frontier zone and frontier belt of the Republic of Kazakhstan, as well as in the boundaries of a seaport in the private ownership to the foreigners and foreign legal entities shall not be allowed. The land plots for the agricultural purpose, directly adjacent to the protective zone of the State boundary of the Republic of Kazakhstan shall be provided only to the citizens and legal entities of the Republic of Kazakhstan on the right of temporary land use before their delimitation and demarcation, unless otherwise established by the legislation of the Republic of Kazakhstan on the State boundary of the Republic of Kazakhstan.

paragraphs 23 and 26

The Land Code of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan dated 21 September, 1994 No.156 – XIII “On transport in the Republic of Kazakhstan”, the Law of the Republic of Kazakhstan dated 16 January, 2013 No.70-V “On the State boundary of the Republic of Kazakhstan”

4. The right for the temporary land use may not belong to the foreign land users

paragraphs 23 and 26

The Land Code of the Republic of Kazakhstan

5. In relation of contracts for the subsurface use between the Government of the Republic of Kazakhstan and subsurface use, concluded in accordance with the Law of the Republic of Kazakhstan dated 24 June, 2010 No. 291-IV “On subsoil and subsurface use” before the date of entering into legal force of Agreement shall be applied the conditions of such contracts1 

paragraphs 16, 17, 23, 26, 31, 33 and 35

The Law of the Republic of Kazakhstan dated 24 June, 2010 No. 291-IV “On subsoil and subsurface use”, the Law of the Republic of Kazakhstan “On subsoil and subsurface use” dated 27 January, 1996, the Law of the Republic of Kazakhstan “On oil” dated 28 June, 1995

6. In relation of contracts for the subsurface use between the Government of the Republic of Kazakhstan and subsurface use, concluded in accordance with the Law of the Republic of Kazakhstan dated 24 June, 2010 No. 291-IV “On subsoil and subsurface use” before the date of entering into legal force of Agreement2

paragraphs 16, 17, 23, 26, 31, 33 and 35

The Law of the Republic of Kazakhstan dated 24 June, 2010 No. 291-IV “On subsoil and subsurface use”, the Law of the Republic of Kazakhstan “On subsoil and subsurface use” dated 27 January, 1996, the Law of the Republic of Kazakhstan “On oil” dated 28 June, 1995

6.1. The Republic of Kazakhstan shall reserve a right to require from the investors, the procurement of services from the legal entities of the Republic of Kazakhstan in accordance with the investment contract:



6.1.1. in the relation of exploration and extraction of solid mineral products – not more than 50% from all services, procured by such investors in connection with implementation of investment contract



6.1.2. in relation of exploration and production of hydrocarbons:



6.1.2.1. until 1 January, 2016 – not more than 70 % from all services, procured by such investor in connection with implementation of investment contract



6.1.2.2. from 1 January, 2016 until the date of accession of the Republic of Kazakhstan to the WTO (World Trade Organization) – not more than 60 % from all services, procured by such investor in connection with implementation of investment contract



6.1.2.3. from the date of accession of the Republic of Kazakhstan to the WTO (World Trade Organization) – not more than 50 % from all services, procured by such investor in connection with implementation of investment contract



6.2. during 6 years after the entry of the Republic of Kazakhstan to the WTO upon conducting of competition by the investor for involvement of subcontractor, the investor conditionally reduces the price of the tender application form, presented by the legal entity of the Republic of Kazakhstan by 20 %, if at least 75% of the qualified persons of this subcontractor are the citizens of the Republic of Kazakhstan, upon condition that the legal entity of the Republic of Kazakhstan conforms to the standards and qualitative characteristic, established in the competitive documentation



6.3. upon expiration of 6 years from the date of entering of the Republic of Kazakhstan to the WTO upon conducting of competition by the investor for involvement of subcontractor, the investor conditionally reduces the price of the tender application form, presented by the legal entity of the Republic of Kazakhstan by 20 %, if at least 50% of the qualified employees of this subcontractor are the citizens of the Republic of Kazakhstan, upon condition that the legal entity of the Republic of Kazakhstan conforms to the standards and qualitative characteristic, established in the competitive documentation



6.4. upon establishment of conditions of conducting of competition for provision of a right of subsurface use, the Republic of Kazakhstan shall not establish the minimum Kazakh content in personnel or services, exceeding 50%, in recognition of the following:



6.4.1. Kazakh content in personnel, involved by the investor, to which the right of subsurface use was provided (hereinafter – investor), will be calculated as the proportion in equal shares on the basis of the number of heads, managers and specialists, in accordance with the meaning of these terms, determined for the purposes of entry and temporary stay of persons, transferred within the internal transfer, in the List of specific obligations of the Republic of Kazakhstan within the WTO on market access for services (hereinafter – qualified employees) who are the citizens of the Republic of Kazakhstan



6.4.2. Kazakh content in all services, which are rendered to the investor shall be determined as the share of the total annual amount of payments (expenses) for the rendering of services on all contracts, which were paid to the legal entities of the Republic of Kazakhstan.3 However the amount, paid to the legal entity of the Republic of Kazakhstan shall be reduced by any amount which were paid for the rendering of services on the basis of subcontract agreement at any level, to the organizations that are not the legal entities of the Republic of Kazakhstan



6.4.3. upon determination of the winner of competition for provision of a right of subsurface use, the Republic of Kazakhstan shall not consider the fact that potential investor may offer a level of Kazakh content in personnel and services more than 50 %



6.5. The Republic of Kazakhstan shall reserve a right to require, the procurement of goods in the manner and conditions, provided by paragraph 5 of section II of the list to the annex No.28 to Agreement from investors in accordance with the investment contract



7. In relation of procurement by the National Welfare Fund “Samruk Kazyna” (NWF) and organizations, 50% and more of voting stocks (share of participation) of which the NWF “Samruk Kazyna” directly or indirectly owns, as well as in the companies, which directly or indirectly belong to the state (the share of the state of which is 50% and more) in accordance with the Law of the Republic of Kazakhstan dated 1 February, 2012 No.550-IV “On the National Welfare Fund” and regulation of the Government of the Republic of Kazakhstan dated 28 May, 2009 No. 787 “On approval of Model rules of procurement of goods, works and services, carried out by the national managing holding, national holdings, national companies and organizations, 50 and more percent of stocks (share of participation) of which directly or indirectly belong to the national managing holding, national holdings, national companies”, the seizure in relation of local content shall be preserved and applied on conditions and in the manner provided by paragraph 6 of section II of the list to the annex No.28 to Agreement4 

paragraphs 16, 17, 23, 26, 31, 33 and 35

The Law of the Republic of Kazakhstan dated 1 February, 2012 No.550-IV “On the National Welfare Fund”, regulation of the Government of the Republic of Kazakhstan dated 28 May, 2009 No.787 “On approval of Model rules of procurement of goods, works and services, carried out by the national managing holding, national holdings, national companies and organizations, fifty and more percent of stocks (share of participation) of which directly or indirectly belong to the national managing holding, national holdings, national companies”
 

8. The state body shall have a right to refuse in issuance of permission for commission of transactions on the use, acquisition, strategic objects of the Republic of Kazakhstan to the applicant, if it involves the concentration of rights of the one person or group of persons from one country. Observance of this condition is compulsory and in relation of transactions with affiliated persons. Restrictions on the transfer and accrual of the property right for the strategic resources (objects) of the Republic of Kazakhstan shall be established by the Government of the Republic of Kazakhstan for the purposes of ensuring of national security. As well as for the purposes of exercise of relevant decision (act) of the Government of the Republic of Kazakhstan, the issuer, controlling block of stocks of which directly or indirectly belongs to the national managing holding, upon stock floatation on the organized securities market shall not have a right to sell stocks to the foreign citizens and (or) legal entities, as well as persons without citizenship

paragraphs 15, 16, 23, 26, 31 and 33

The Law of the Republic of Kazakhstan dated 6 January, 2012 No.527-IV “On the national security”, the Law of the Republic of Kazakhstan dated 2 July, 2003 No.461 “On the securities market”

9. Procedure of selection of concessioner and the list of existing conditions of the concession agreement shall be established in accordance with the legislation of the Republic of Kazakhstan. The right to appoint the exclusive concessioner shall be reserved. Separate rights and obligations of concessor may be carried out by the authorized concessors

paragraphs 15-17, 23, 26, 31 and 33

The Law of the republic of Kazakhstan dated 7 July, 2006 No.167-3 “On concession”

10. The restrictions in relation of activity within the continental shelf of the Republic of Kazakhstan may be introduced

paragraphs 15-17, 23, 26, 31 and 33

The Law of the Republic of Kazakhstan dated 24 June, 2010 No.291-IV “On subsoil and subsurface use”

11. Priority in the provision of animal world for the use in the specific territory or water areas is given to the legal entities and citizens of the Republic of Kazakhstan

paragraphs 23 and 26

The Law of the republic of Kazakhstan dated 9 July, 2004 No.593 – II “On protection, reproduction and use of animal world”

III. Russian Federation

1. Conditions and procedure of access, including restrictions of such access to subsidies and other measures of the state support shall be established by the federal, regional and municipal bodies of power and fully applied, but without damage for provisions of sections XXIV and XXV of Agreement

paragraphs 23 and 26

The Budget Code of the Russian Federation, the Federal Law on the federal budget for the relevant years, regulatory legal acts of the Russian Federation, subjects of the Russian Federation and municipal formations

2. Foreign property for the agricultural land and land of border territories shall be prohibited and may be limited for other types of land. Rend of land plots is permitted for the period of up to 49 years

paragraphs 23 and 26

The Land Code of the Russian Federation, the Federal Law dated 24 July, 2002 No.101 – the Federal Law “On commerce in land of agricultural purpose”

3. Russian legal entities, in the charter (reserve) capital of which the share of foreign persons (or their combined share) is more than 50% may have the land plots for the agricultural purpose exclusively on the tenant right. The term of such lease may not exceed 49 years

paragraphs 23 and 26

The Land Code of the Russian Federation, the Federal Law dated 24 July, 2002 No.101 – the Federal Law “On commerce in land of agricultural purpose”

4. Transactions involving the land of traditional residence and carrying out of economic activity of indigenous peoples and small ethnic groups, as well as land plots that are in the border territories and on other established special territories of the
Russian Federation may be limited or prohibited in accordance with the legal acts of the Russian Federation

paragraphs 23 and 26

The Land Code of the Russian Federation, the Russian Law dated 1 February, 1993 No.4730-I “On the State border of the Russian Federation”

5. In relation of the trade in services by the methods of supply of services, specified in the second and third items of subparagraph 22 of paragraph 6 of annex No.16 to Agreement, the legal entities of the Russian Federation shall have the priority right for participation in the implementation of agreement on section of products as contractors, suppliers, carriers or otherwise by agreements (contracts) with investors

paragraph 23

The Federal Law dated 30 December, 1995 № 225- the Federal Law “On agreements on products section”

6. Establishment by the persons of any other member state of legal entities, opening of branches and representatives, registration as individual entrepreneur in the territory of closed administrative and territorial formation in the Russian Federation, acquisition of share of participation in the capital of legal entities registered in the territory of closed administrative and territorial formation, by the persons of any other member state, as well as activity of legal entities, registered in the territory of closed administrative and territorial formation (as well as with the foreign capital), branches and representatives may be limited and prohibited in accordance with the regulatory legal acts of the Russian Federation

paragraphs 15-17, 23, 26, 31 and 33

The Federal Law dated 14 July, 1992 No. 3297-1 “On closed administrative and territorial formation”

7. The restrictions in relation of activity within the continental shelf of the Russian Federation may be introduced

paragraphs 15-17, 23, 26, 31 and 33

The Federal Law dated 30 November, 1995 No. 187- the Federal Law “On continental shelf of the Russian Federation”

8. Priority in the provision of animal world for the use in the specific territory or water areas is given to the legal entities and citizens of the Russian Federation

paragraphs 23 and 26

The Federal Law dated 24 April, 1995 No.52-the Federal Law “On animal world”

9. In relation of conclusion of agreements on section of products, which were concluded before 1 January, 2012 (hereinafter agreements)5:
participation of Russian legal entities in the implementation of agreements in the shares, determined by the Government of the Russian Federation shall be provided by the conditions of auction for conclusion of agreement
the agreement provides the obligations of investor on:
provision of priority right for participation on the works on agreement as contractors, suppliers, carriers or otherwise to the Russian legal entities on the basis of agreements (contracts) with investors
involvement of employees – citizens of the Russian Federation, the number of which shall consist not less than 80% of the composition of all involved employees,
involvement of foreign workers and specialists only on the initial stages of works by agreement or in the absence of workers and specialists – citizens of the Russian Federation of the relevant qualification
acquisition of production, transportation and processing of mineral products of processing equipment, technical means and materials of Russian origin, necessary for the geological study in the amount not less than 70% of the total value of acquired (as well as by agreements of lease, leasing and on other grounds) in each calendar year for execution of works by agreement of equipment, technical means and materials, expenses for acquisition and use of which are compensated to the investor of compensated products.
Upon that the equipment, technical means and materials shall be considered of the Russian origin upon condition that they are produced by the Russian legal entities and (or) citizens of the Russian Federation in the territory of the Russian Federation from components, parts, constructions and constituent parts, not less than 50% in value terms of produced in the territory of the Russian Federation by the Russian legal entities and (or) citizens of the Russian Federation. The member states shall provide the condition in the agreement that not less than 70% of processing equipment in value terms for extraction of mineral products, their transportation and processing (if its provided by agreement), acquired and (or) used by the investor for execution of works by agreement shall be the Russian origin. This provision shall not be distributed for the use of objects of major pipeline transport, construction and acquisition of which are not provided by agreement

paragraphs 23 and 26

The Federal Law dated 30 December No.225 – the Federal Law “On agreements on section of products”

10. Procedure of selection of concessioner and the list of existing conditions of the concession agreement shall be established in accordance with the legislation of the Russian Federation. The right to appoint the exclusive concessioner shall be reserved. Separate rights and obligations of concessor may be carried out by the authorized concessors

paragraphs 15-17, 23, 26, 31 and 33

The Federal Law dated 21 July, 2005 No.115-the Federal Law “On concession agreements”

11. Transaction, carried out by the person of any other member state and involves establishment of control over the Russian economic societies, carrying out at least one of the types of activity, having the strategic purpose for ensuring of defence of the country and security of the state shall require obtaining a permit of the authorized body of the Russian Federation in the manner determined by the regulatory legal acts of the Russian Federation. The foreign states, international organizations, as well as persons that are under their control, as well as created in the territory of the Russian Federation shall not have a right to carry out transactions, involving establishment of control under the Russian economic societies, carrying out at least one of the types of activity, having the strategic purpose for ensuring of defence of the country and security of the state. Foreign investors or group of persons shall be obliged to present information on acquisition of 5 or more percent of stocks (shares), constituting the charter capitals of economic societies, carrying out at least one of the types of activity, having the strategic purpose for ensuring of defence of the country and security of the state to the authorized body

paragraphs 15, 16, 23, 26, 31 and 33

The Federal Law dated 29 April,2008 No.57-the Federal Law “On procedure of implementation of foreign investments in the economic societies, having the strategic purpose for ensuring of defence of the country and security of the state”

12. The land plots in the borders of seaport may not be in the property of foreign citizens, persons without citizenship, foreign organizations

paragraphs 23 and 26

The Federal Law dated 8 November, 2007 No.261-the Federal Law “On seaports in the Russian Federation and on making amendments to the separate legislative acts of the Russian Federation”

IV. The Republic of Armenia

1. Only legal entities established in accordance with the legislation of the Republic of Armenia are eligible for subsidies regardless of the capital’s ownership

paragraphs 23 and 26

Law of the Republic of Armenia № ЗР-137 “On the Budget System of the Republic of Armenia” as of June 24, 1997; Resolution of the Government of the Republic of Armenia № 1937-Н as of December 24, 2003

2. The land ownership right is not enjoyed by foreign citizens and stateless persons, except as required by law. The lease term for land plots that are state and (or) municipal property may not exceed 99 years, except for agricultural land, the lease term for which is up to 25 years

paragraphs 23 and 26

Constitution of the Republic of Armenia; Land Code of the Republic of Armenia

3. Only a legal entity, including a for-profit organization of a foreign state, can be a subsoil user

paragraphs 23 and 26

Mining Code of the Republic of Armenia

4. Only citizens of the Republic of Armenia with a certificate of qualification issued by a state authorized body can be engaged in mapping, geodesy, keeping records and land management

paragraphs 23 and 26

Law of the Republic of Armenia № ЗР-295 “On State Registration of Rights to Property” as of April 14, 1999; Resolution of the Government of the Republic of Armenia № 1441-Н as of September 29, 2011


V. The Kyrgyz Republic 

1. The conditions and procedure for access to subsidies and other measures of state support shall be established by the legislation of the Kyrgyz Republic and authorities and fully applied, but without prejudice to the provisions of Sections XXIV and XXV of the Agreement on the Eurasian Economic Union as of May 29, 2014

paragraphs 23 and 26

Law of the Kyrgyz Republic № 78 “On Basic Principles of the Budget Law in the Kyrgyz Republic” as of June 11, 1998;
Law of the Kyrgyz Republic № 140 “On Subsidies and Countervailing Measures” as of October 31, 1998;
laws of the Kyrgyz Republic on the republican budget for a corresponding year, regulatory legal acts of the Kyrgyz Republic, republican and local state bodies

2. Land plots intended for agricultural production may not be the private property of foreign persons

paragraphs 23 and 26

Land Code of the Kyrgyz Republic

3. The Government of the Kyrgyz Republic may provide land plots outside populated localities, except for agricultural land and land provided for subsoil use, to foreign persons on the basis of the right of fixed-term (temporary) use

paragraphs 23 and 26
 

Land Code of the Kyrgyz Republic
 

4. Civil law transactions related to the alienation of any types of immovable property items, regardless of the form of ownership, for transfer into ownership by foreign citizens, stateless persons and foreign legal entities, except for kairilmans, are prohibited in border areas of the Kyrgyz Republic, which have a special status

paragraphs 23 and 26

Land Code of the Kyrgyz Republic,
Law of the Kyrgyz Republic № 145 “On Giving Special Status to Certain Border Areas of the Kyrgyz Republic and Their Development” as of July 26, 2011

5. Land plots in border areas may not be provided to foreign citizens, stateless persons and foreign legal entities, except for kairilmans, on the basis of the right of fixed-term (temporary) use

paragraphs 23 and 26

Land Code of the Kyrgyz Republic,
Law of the Kyrgyz Republic № 145 “On Giving Special Status to Certain Border Areas of the Kyrgyz Republic and Their Development” as of July 26, 2011

6. Foreign land users may not have the right of perpetual land use
 

paragraphs 23 and 26

Land Code of the Kyrgyz Republic

7. With regard to agreements on subsoil use between the Government of the Kyrgyz Republic and a subsoil user, concluded in accordance with Law of the Kyrgyz Republic № 160 “On Subsoil” as of August 9, 2012, in case a foreign legal entity is recognized winner of an auction or tender for the subsoil use right or a person with whom it was decided to conduct direct negotiations, such legal entity is obliged to open a subsidiary company in the Kyrgyz Republic with a 100% participation interest to obtain a license for the subsoil use right

paragraphs 26 and 31 (with regard to subparagraphs 5 and 6 of paragraph 30)
 
 

Law of the Kyrgyz Republic № 160 “On Subsoil” as August 9, 2012;
Law of the Kyrgyz Republic № 49 “On Production Sharing Agreements for Subsoil Use” as of April 10, 2002
 
 

8. The state body has the right to refuse to issue a permit to an applicant for making transactions on the use of strategic resources and (or) the use and acquisition of strategic objects of the Kyrgyz Republic. In order to ensure national security, the Government of the Kyrgyz Republic introduces restrictions on the transfer and origin of the right of ownership of strategic resources (objects) of the Kyrgyz Republic

paragraphs 16, 26 and 31

Law of the Kyrgyz Republic № 94 “On Strategic Objects of the Kyrgyz Republic” as of May 23,2008

9. A production sharing agreement for subsoil use (hereinafter referred to as the Agreement), concluded before January 1, 2015, provides for investor obligations:
for granting a preemptive right to legal entities of the Kyrgyz Republic to participate in the works under the Agreement as contractors, suppliers, carriers or in any other capacity on the basis of agreements (contracts) with an investor;
for employing workers that are citizens of the Kyrgyz Republic, whose number shall be at least 80 percent of all the employees;
for employing foreign workers and specialists only at initial work stages by agreement or in the absence of workers and specialists that are citizens of the Kyrgyz Republic with required qualification;
for placing orders for the manufacture of equipment, hardware and materials necessary for geological exploration, development of mineral deposits and processing of mined mineral raw materials, the value of which shall be at least 50 percent of the total value of such orders, among legal entities of the Kyrgyz Republic and foreign legal entities operating and registered as taxpayers in the territory of the Kyrgyz Republic

paragraphs 31 (with regard to subparagraphs 3 and 7 of paragraph 30), 33 и 35

Law of the Kyrgyz Republic № 49
“On Production Sharing Agreements for Subsoil Use” as of April 10, 2002

10. In the event that the property of a joint-stock company is transferred to concession, the Government of the Kyrgyz Republic shall have the decisive vote right in the joint-stock company and when disposing of objects of a concession agreement.
The object of a concession agreement may be the property of joint-stock companies in which the state owns at least two-thirds of the shares, given a decision made in accordance with the legislation of the Kyrgyz Republic

paragraphs 16, 26, 31 (with regard to subparagraphs 3,
5 and 6 of paragraph 30)

Law of the Kyrgyz Republic № 850-XII “On Concessions and Concession Enterprises in the Kyrgyz Republic” as of March 6, 1992
 
 

11. Obligation of persons of other member states of the Eurasian Economic Union for obtaining the consent of the authorized body to acquire ownership of residential premises located in the territory of the Kyrgyz Republic

paragraphs 23 and 26

Housing Code of the Kyrgyz Republic

12. Only citizens of the Kyrgyz Republic can be buyers of residential premises during privatization

paragraph 15

Housing Code of the Kyrgyz Republic

      ____________________

      1 These seizures are stored and applied in the manner and on conditions provided by the minute on accession of the Republic of Kazakhstan to WTO.

      2 These seizures are stored and applied in the manner and on conditions provided by the minute on accession of the Republic of Kazakhstan to WTO.

      3 The contracts with a legal entity of the Republic of Kazakhstan shall not be taken into account, if this person does not carry out the coordinated type of activity in the territory of the Republic of Kazakhstan. The concept “legal entity of the Republic of Kazakhstan” also includes individual entrepreneurs.

      4 These seizures are stored and applied in the manner and on conditions provided by the minute on accession of the Republic of Kazakhstan to WTO.

      5 These restrictions are stored and applied in the manner and on conditions, provided by the Minute dated 16 December, 2011 on accession of the Russian Federation to the Marrakesh Accords on establishment of the World trade organization dated 15 April, 1994.

  ANNEX No. 17
  to Agreement on Eurasian
  Economic Union

MINUTE
on financial services

      1. This Minute is developed in accordance with Article 70 of Agreement on Eurasian Economic Union (hereinafter –Agreement) and applied to the measures of the member states, affecting the trade in financial services, as well as establishment and (or) activity of providers of financial services.

      2. Provisions of this Minute shall not be applied to the rendered services and activity, carried out in execution of functions of the state power on the non-commercial basis and not on the conditions of competition, as well as in relation of provided subsidies.

      3. The concepts used in this Minute shall have the following meanings:

      “state institution” – a body of the state power, or national (central) bank of the member state, or organization of the member state, belonging to the member state or controlled by this member state, which carries out exclusively the powers, delegated by the body of the state power of this member state or national (central) bank of such member state;

      “activity” – an activity of legal entities, branches, representatives, established within the meaning of this Minute;

      “legislation of the member state” – the laws and other regulatory legal acts of the member state, regulatory acts of the national (central) bank of the member state;

      “credit organization” - a legal entity of the member state, which has a right to carry out the banking operations in accordance with the legislation of the member state in the territory of which it is registered, for deriving of profit as the main purpose of its activity on the basis of license, issued by the authorized body of the member state on regulation of banking activity;

      “license” – special permission (document), issued by the authorized body of the member state, provided the right to its owner to carry out the defined type of activity in the territory of the member state;

      “measure of the member state” – the legislation of the member state, as well as decision, action or omission of the authorized body of the member state or civil servant of the authorized body of the member state.

      In the case of acceptance (publication) of official document, having a recommendatory nature, by the authorized body of the member state, such recommendation may be recognized as a measure for the purposes of this Minute in the case, if it is proved that the primary part of addressees of this recommendation, in practice, follows it;

      “national regime” – provision to the persons and financial services of another member state upon trade in financial services, the regime not less favorable than the regime, provided upon similar circumstances to their own persons and financial services in its territory;

      “common financial market” – financial market of the member states, which corresponds to the following criteria:

      harmonized requirements to regulation and supervision in the scope of financial markets of the member states;

      mutual recognition of licenses in the banking and insurance sectors, as well in the sector of services in the securities market, issued by the authorized bodies of one of the member state in the territories of another member states;

      carrying out of activity on provision of financial services over the whole territory of the Union without additional establishment as the legal entity;

      administrative cooperation between the authorized bodies of the member states, as well as by exchange of information;

      “render/trade in financial services” – rendering of financial services, including production, distribution, marketing, sale and delivery of services, carrying out by the following methods:

      from the territory of one member state to the territory of another member state;

      in the territory of one member state by person of this member state to the person of another member state (consumer of services);

      by the provider of financial services of one member state by establishment and activity in the territory of another member state;

      “provider of financial services” – any individual or legal entity of the member state, rendering the financial services, except for the state institutions;

      “professional participant of the securities market” – a legal entity of the member state, having the right to carry out the professional activity in the securities market in accordance with the legislation of the member state, in the territory of which it is registered;

      “most favored nation regime” – provision to the persons and financial services of another member state upon trade in financial services, the regime not less favorable than the regime provided upon similar circumstances to the persons and financial services of third countries;

      “sector of financial services” – the entire sector of financial services, including all its subsectors, and in relation of exemptions from obligations, restrictions and conditions of the member state, one or several or all subsectors of the separate financial service;

      “insurance organization” – a legal entity of the member state, having the right to carry out the insurance (reinsurance) activity in accordance with the legislation of the member state, in the territory of which it is registered;

      “economic feasibility test” – issuance of permission for establishment and (or) activity or render of service depending on existence of the need and market demand by economic assessment of efficiency of activity of provider of services for compliance with the purposes of economic planning of specific branch;

      “authorized body” – a body of the member state, having the powers on implementation of regulation and (or) supervision and control of financial market, financial organizations (separate scopes of financial market) in accordance with the legislation of this member state);

      “establishment”:

      creation and (or) acquisition of legal entity (participation in the capital of created or established legal entity) of any organizational and legal form and form of ownership, provided by the legislation of the member state, in the territory of which such legal entity is created or established;

      acquisition of control over the legal entity of the member state, expressed in the possibility to directly or through the third persons determine the decisions, adopted by such legal entity, as well as by disposition of votes, corresponding to the voting stocks (shares), by participation in the board of directors (supervisory council) and other bodies of management of such legal entity;

      opening of branch;

      opening of representative;

      “financial services” – services of financial nature, including the following types of services:

      1) insurance and relating to the insurance services:

      a) insurance (coinsurance): life insurance, other than life insurance;

      b) reinsurance;

      c) insurance mediation, such as broker and agency mediation;

      d) auxiliary insurance services, such as consultative, actuarial services, services of risk assessment and service on settlement of claims;

      2) banking services:

      a) reception of holdings (deposits) and other repayable funds from the population;

      b) issuance of loans, credits, lending of all types, including consumer credit, secured credit, factoring and financing of commercial transactions;

      c) financial leasing;

      d) all types of services on payments and money transfers;

      e) trading at its own expense and at the expense of customers, on the stock exchange and over the counter market or otherwise: foreign exchange; derivatives, including futures and options; instruments related to foreign exchange rates and interest rates, including transactions "swap", and forward transactions;

      f) consultative, intermediate and other auxiliary financial services in all types of activity, specified in this paragraph, including reference and analytical materials, related with analysis of credit conditions;

      3) services in the securities market:

      a) trade in financial instruments at its own expense and expense of customers, on the stock exchange and over the counter market or otherwise;

      b) participation in the emission (issuance) of all types of securities, including guarantee and distribution as the agent (state or private), and rendering of services, relating to such emission (issuance);

      c) brokerage operations in the financial market;

      d) management of such assets, as monetary funds or securities, all types of management of collective investments, management of assets and investment portfolio of retirement funds, guardianship, storage services and trust services;

      e) clearing services on financial assets, including securities, derivatives and other financial instruments;

      f) provision and transfer of financial information, processing of financial details and provision and transfer of relevant software support by the providers of other financial services;

      g) consultative, intermediate and other auxiliary financial services in all types of activity, specified in this paragraph, including researches and recommendations on the direct and portfolio investments, recommendations on issues of acquisition, reorganization and strategy of corporation.

      Other concepts in this Minute shall be used within the meaning specified in the Minute on the trade in services, establishment, activity and implementation of investments (annex No.16 to Agreement).

      4. Each member state shall provide the national regime and most favored nation regime to the providers of financial services (legal entities of other member states) in relation of rendering independently, through the intermediary or as intermediary in accordance with conditions, specified in the individual national lists of the member states in the annex No.1 to this Minute, from the territory of one member state to the territory of another member state, the following types of financial services:

      1) risk insurance, relating to:

      the international maritime transport and commercial air transport, commercial space launches and freight (including satellites), in relation of which such insurance fully or partially affects: transported goods, transport vehicles, transporting the goods, and civil responsibility, arising in connection with transportation;

      goods, transferred within the international transit;

      2) reinsurance, as well as such auxiliary insurance services, as consultative services, actuarial services, risk assessment and settlement of claims;

      3) provision, transfer of financial information, processing of financial details and relevant software support of providers of other financial services;

      4) consultative and other auxiliary services, including provision of reference materials (except for the mediation and services, related with analysis of credit history, researches and recommendations on the direct and portfolio investments, recommendations on issues of acquisition, reorganization and corporate strategy) in relation of services in the securities market and banking services.

      5. Each member state shall permit to consume the financial services, specified in subparagraphs 1-4 of paragraph 4 of this Minute to the persons of this member state in the territory of another member state.

      6. Each member state shall provide the national regime to the persons of another member state in relation of establishment and (or) activity in its territory of providers of financial services, as they are determined in paragraph 3 of this Minute, in recognition of restrictions, provided by individual national list for each of the member states in the annex No.2 to this Minute.

      7. Each member state shall provide the most favored nation regime to the persons of another member state in relation of establishment and (or) activity in its territory of providers of financial services as they are determined in paragraph 3 of this Minute.

      8. The issues of the trade in financial services with the third states, activity of legal entities, in the capital of which the state is participated, rights of consumers of financial services, participation in privatization, protection of investors’ rights, payments and transfers, restrictions in relation of payments and transfers, compensation of damage, guarantees of investors, as well as upon expropriation, transfer of investors’ rights and procedure of permission of investment disputes shall be regulated by the Minute on the trade in services, establishment, activity and implementation of investments (annex No.16 to Agreement).

      9. Provisions of this Minute shall be applied to the legal entities, branches, representatives, established on the date of entering of Agreement into legal force and continues to exist, as well as established after entering of Agreement into legal force.

      10. In the sectors, listed in paragraph 4 of this Minute, except for the cases provided in the annex No.1 to this Minute, none of the member states shall apply and introduce in relation of financial services and providers of financial services of another member state in connection with the trade in services, restrictions in relation of:

      the number of financial services in the form of quota, monopoly, economic feasibility test or in any other quantitative form;

      operations of any provider of financial services in the form of quota, economic feasibility test or in any other quantitative form.

      In the sectors, listed in paragraph 4 of this Minute, except for the cases provided in the annex No.1 to this Minute, none of the member states shall introduce and apply requirements of establishment as the condition for the trade in financial services in relation of provider of financial services of other member state.

      11. Except for the restrictions, provided by individual national list for each of the member states in the annex No.2 to this Minute, none of the member states shall apply and introduce, in its territory, in relation of providers of financial services of another member state in connection with establishment and (or) activity of suppliers of financial services, the restrictions in relation of:

      1) the forms of establishment, as well as organizational and legal form of legal entity;

      2) the number of established legal entities, branches or representatives in the form of quota, economic feasibility test or in any other form;

      3) the acquired amount of the share in the capital of legal entity or degree of control over the legal entity;

      4) the operations of established legal entity, branch, representative, in the course of carrying out by them the activity in the form of quota, economic feasibility test or in any other quantitative form.

      12. The issues of entry, departure, stay and labour activity of individuals shall be regulated by section XXVI of Agreement in recognition of restrictions, specified in the individual national list for each member state in the annex No.2 to this Minute.

      13. In relation of financial services, specified in the individual national list in the annex No.1 to this Minute and restrictions in relation of establishment and (or) activity, specified in the individual national list in the annex No.2 to this Minute, each member state shall ensure that the measures of this member state, affecting on the trade in financial services are applied by reasonable, objective and impartial manner.

      14. When a permit for rendering of financial services is required, the authorized bodies of the member state shall inform the applicant on decision concerning the application during the reasonable period of time after presentation of application, which is considered as executed according to the requirements of the legislation of the member state and the rules of regulation. The authorized bodies of the member state shall provide information on the course of consideration of application without undue delay at the request of applicant.

      15. The member states shall have a right to develop any necessary rules through the relevant bodies, which they may create, for ensuring of such situation that the measures relating to the qualifying requirements and procedures, technical standards and requirements of licensing do not create the unjustified barriers in the trade in financial services. These rules among other things shall provide that requirements contained therein:

      1) based on the objective and public criteria, such as competence and the ability to render the service;

      2) are not more burdensome than necessary to ensure the quality of service;

      3) in the case of procedures of licensing - are not a restriction in themselves on the render of services.

      16. The member states shall not apply the licensing or qualified requirements and technical standards, cancelling or reducing the profits, which are provided according to the conditions, specified in the individual national lists in the annex No.1 to this Minute before entering of rules, developed for the sectors of financial services, specified in the individual national lists in the annex No.1 to this Minute, in accordance with paragraph 15 of this Minute, into legal force.

      Upon that the licensing or qualified requirements and technical standards, applied by the member state shall correspond to the criteria, specified in subparagraphs 1-3 of paragraph 15 of this Minute and may be reasonably expected from this member state on the date of signing of Agreement.

      17. If the member state applies licensing in relation of establishment and (or) activity of providers of financial services, such member state shall ensure that:

      1) the name of the authorized bodies of the member state, responsible for the issuance of licenses for carrying out of activity were published or otherwise brought to the general knowledge;

      2) licensing procedures are not a restriction in themselves for establishment or activity and the licensing requirements, directly related to the right for carrying out of activity, that are not the unreasonable barrier to the activity in themselves;

      3) all licensing procedures and requirements were established in the legislation of the member state and the legislation of the member state, establishing or applying the licensing procedures or requirements, published before the date of its entering into legal force;

      4) any charges, collected in connection with provision and consideration of application for issuance of a license, are not a restriction for establishment and activity in themselves and based on the expenses of licensing body of the member state, related with consideration of application and issuance of the license;

      5) the relevant authorized body of the member state, responsible for the issuance, informed the applicant on the state of consideration of its application, as well as on that, if this application is considered as properly filled upon expire of period of time, established by the legislation of the member state for adoption of decision on issuance (refusal) in the issuance of a license and at the request of applicant. In any case, the applicant will be given the opportunity to make technical corrections to the application. The application will not be considered properly filled until the all information and documents specified in the relevant legislation of a member state are not received;

      6) authorized body of the member state, responsible for issuance of a license, refused to adopt the application, informed the applicant on the reasons of such refusal in written form at the written request of applicant who was refused to adopt the application. However, this provision shall not be interpreted as requiring from the licensing body of the member state to disclose the information, disclosure of which prevents to execution of the legislation of the member state or otherwise prevents to the public interests or existing interests of security;

      7) the applicant may file a new application, in which it may try to eliminate any available problems for the issuance of a license, in the case when it was refused in adoption of application;

      8) the issued license has effect over the whole territory of the member state.

      18. Procedure and terms of issuance of the licenses for carrying out of activity on the markets of financial services in the territory of the member state shall be established by the legislation of the member state, in the territory of which it is supposed to carry out such activity.

      19. Nothing in this Minute shall prevent to the member state to take the prudential measures, including protection of interests of investors, contributors, insurers, beneficiaries and persons, before whom the provider of services bears fiduciary responsibility, or measures for ensuring of integrity and stability of the financial system. If such measures do not correspond to the provisions of this Minute, they shall not be used by the member state as the means of avoidance of execution of obligation, adopted by this member state in accordance with this Agreement.

      20. Nothing in this Minute shall be interpreted as requirements to the member state to disclose the information relating to the accounts of individual customer, or any other confidential information, or information, available for the state institutions.

      21. The member states shall carry out development of harmonized requirements in the scope of regulation of financial market in the following sectors of services on the basis of international principles and standards or the best international practice and not lower than the standards and practice, which were applied in the member states:

      banking sector;

      insurance sector;

      the service sector in the securities market.

      22. In the banking sector the member states shall harmonize the requirements on regulation and supervision of credit organizations, guided in their actions with the best international practice and Guidelines of effective banking supervision of the Basle committee on banking supervision, as well as in relation of:

      1) the concept “credit organization” and legal status of credit organization;

      2) procedure and conditions for the disclosure of information by the credit organizations, banking groups and their affiliated persons, banking holdings;

      3) requirements to the accounting (financial) reports on the basis of International standards of financial reporting;

      4) procedure and conditions of creation of credit organization, in particular in relation of:

      requirements to the constituent documents;

      procedure of the state registration of credit organization in the form of legal entity (branch);

      determination of minimum amount of the charter capital of credit organization, procedure of its formation and methods of its payment;

      requirements to the professional qualification and business standing of leading employees of the credit organization;

      procedure and conditions of issuance of a license for carrying out of banking operations, as well as in relation of requirements to the documents, necessary for reception of the license for carrying out of banking operations;

      5) the grounds for refusal in registration of credit organization and issuance to it a license for carrying out of banking operations;

      6) the order, procedure and conditions of liquidation (as well as prudential liquidation) or reorganization of credit organization;

      7) the grounds for revocation of a license for carrying out of banking operations from the credit organization;

      8) procedure and features of reorganization of credit organizations in the form of amalgamation, accession and transformation;

      9) ensuring of financial reliability of credit organization, as well as determination of other, besides the banking operations, types of activity, permitted for the credit organizations, prudential standards, compulsory reserves and special provisions;

      10) procedure of carrying out of supervision of activity of the credit organizations, banking holdings and banking groups by the authorized bodies of the member states;

      11) amount, procedure and conditions of application of sanctions to the credit organizations and banking holdings;

      12) requirements to activity and ensuring of financial reliability of banking groups and banking holdings;

      13) creation and functioning of the system of endowment insurance of population (including the amounts of payments of compensation on deposits);

      14) procedures of financial reorganization and bankruptcy of credit organizations (including regulation of the rights of credits, priority of claims);

      15) the list of operations, recognized as banking;

      16) the list and status of organizations, that have the right to carry out the separate technological parts of banking operations.

      23. In the insurance sector, the member states shall harmonize the requirements on regulation and supervision of professional participants of insurance market, guided in their actions with the best international practice and Guidelines of insurance supervision of International association of insurance supervisions and as well as in relation of:

      1) the concept “professional participants of insurance market” and legal status of professional participant of insurance market;

      2) ensuring of financial reliability of professional participant of insurance market, as well as in relation of:

      insurance reserves, sufficient for execution of obligations on insurance, coinsurance, reinsurance, mutual insurance;

      the composition and structure of assets, applied for coverage of insurance reserves;

      minimum level and procedure of formation of charter and own capital;

      conditions and procedure of transfer of insurance portfolio;

      3) requirements to the accounting (financial) reports on the basis of International standards of financial reporting;

      4) procedure and conditions of creation and licensing of insurance activity;

      5) procedure of carrying out of supervision of activity of professional participants of insurance market by the authorized bodies of the member states;

      6) amount, procedure and conditions of application of sanctions to the participants and (or) professional participants of insurance market for violation in the financial market;

      7) requirements to the professional qualification and business standing of leading employees of the professional participants of insurance market;

      8) the grounds for refusal in issuance of a license for carrying out of insurance activity;

      9) the order, procedure and conditions of liquidation of professional participant of insurance market, as well as prudential liquidation (bankruptcy);

      10) the grounds for revocation of a license for carrying out of insurance activity, as well as cancellation, restriction or suspension of the effect of such license from the professional participant of insurance market;

      11) procedure and features of reorganization of professional participant of insurance market in the form of amalgamation, accession and transformation;

      12) requirements to the composition of insurance groups and insurance holdings and their financial reliability.

      24. In the services sector in the securities market, the member states shall harmonize the requirements on the following types of activity:

      brokerage activity in the securities market;

      dealer activity in the securities market;

      an activity on management of securities, financial instruments, management of assets and investment portfolio of retirement funds and collective investments;

      an activity on determination of mutual obligations (clearing);

      depositary activity;

      an activity on maintenance of register of owners of securities;

      an activity on organization of the trade in the securities market.

      25. The member states shall harmonize the requirements on regulation and supervision of securities market, guided in their actions with the best international practice and principles of International organization of commissions on securities, Organization of economic cooperation and development, as well as in relation of:

      1) determination of procedure of formation and payment of charter capital, as well as requirements to the sufficiency of their own capital;

      2) procedure and conditions of issuance of a license for carrying out of activity in the securities market, including requirements to the documents, necessary for reception of such license;

      3) requirements to the professional qualification and business standing of leading employees of the professional participants of securities market;

      4) the grounds for refusal in issuance of license for carrying out of activity in the securities market, as well as cancellation, restriction or suspension of the effect of such license;

      5) requirements to the accounting (financial) reports on the basis of International standards of financial reporting, as well as requirements to organization of internal accounting and internal control;

      6) procedure, order and conditions of liquidation (as well as prudential liquidation) or reorganization of professional participant of the securities market;

      7) the grounds for revocation of a license for carrying out of activity in the securities market from the professional participant of securities market;

      8) amount, procedure and conditions of application of sanctions to the participants and (or) professional participants of the securities market for violation on the financial market;

      9) procedure of carrying out of supervision of activity of subjects (participants) of the securities market by the authorized bodies of the member states;

      10) requirements, presented to activity of professional participants of the securities market;

      11) requirements to the procedure of emission (procedure of issuance) of securities of the issuer;

      12) requirements to the placement and circulation of securities of foreign issuers in the securities market of the member states;

      13) requirements to the volume and quality, as well as periodicity of publication of information;

      14) provision of possibility of placement and circulation of securities of issuers of the member states over the whole territory of the Union upon condition of registration of emission (issuance) of securities by the regulatory body of the state of registration of the issuer;

      15) requirements in the field of disclosure of information by the issuers, prevention to the illegal use of insider information and manipulation in the securities market.

      26. The member states shall carry out development of harmonized requirements to conducting of audit on the basis of International standards of audit.

      27. The member states shall develop the mechanisms of interaction of the authorized bodies of the member states in the scope of regulation, control and supervision of activity in their financial markets, as well as in the banking sector, insurance sector and services sector in the securities market.

      The member states shall exchange information, as well as confidential in accordance with international treaty within the Union.

      28. Each member state shall ensure that the legislation of this member state which affects or may affects the issues, covered by this Minute is published in the official source, and if it is possible, in the specially dedicated website in the Internet so that any person, rights and (or) obligations of which may be affected by such legislation of the member state has a right to familiarize with it.

      Publication of such legislation shall include explanation of purposes of adoption of such legislation and to be implemented on time, ensuring the legal certainty and reasonable expectations of persons, rights and (or) obligations of which may be affected by this legislation of the member state, but in any case before the date of entering it into legal force.

      29. Each member state shall establish the mechanism, ensuring provision of answers to written requests of any person, relating the existing and (or) planned legislation of acts on issues, covered by this Minute. Answers to the requests shall be provided to such interested person not later than 30 calendar days from the date of reception of written request.

      30. The member states shall carry out harmonization of its legislation in relation of requirements for the implementation of activity of rating agencies in accordance with principles of transparency, accountability and responsibility for the purposes of prevention of system risks in the financial markets.

      31. The member state may recognize the prudential measures of any other member state upon determination of application by them the measures, relating to rendering of financial services. Such recognition that may be achieved by harmonization of the legislation of the member states or otherwise bay be based on agreement or arrangement with the interested member state or may be provided in the unilateral procedure.

      32. The member state that is a participant of agreement or arrangement on recognition of prudential measures of another member state, both future and current shall offer an opportunity to other member states to negotiate on their accession to such agreements or arrangements, which may contain the rules, control, mechanism of implementation of such rules and if it is possible, procedures, related with exchange of information between participants of such agreements and arrangements.

      33. Harmonization of specific requirements to implementation of activity in the financial markets of the member states shall be carried out upon condition that the remaining differences will not prevent to the effective functioning within the Union of common financial market.

      34. Nothing in this Minute shall prevent to the member state to adopt or apply the following measures upon condition that such measures are not applied by the method which creates the means of arbitrary or unjustifiable discrimination between the persons of the member states in relation of the trade in services, establishment and (or) activity, that is:

      1) necessary for protection of public morals or maintenance of public order. Exceptions for reasons of public order may be applied only in the cases when there is a real and sufficiently serious threat in relation of one of the fundamental interests of society;

      2) necessary for protection of life or health of humans, animals or plants;

      3) necessary for observance of Laws or rules, which correspond to provisions of this Minute including those relating to:

      prevention of deceptive and abusive practice or the consequences of non-observance of the civil law contracts;

      protection from invasion of privacy of separate persons upon processing and distribution of details of personal nature and protection of confidentiality of details on private life and accounts;

      4) incompatible with paragraphs 4 and 6 of this Minute in a part of provision of national regime, upon condition that the difference in the actually provided regime is aimed at ensuring a fair or effective taxation or collection of taxes from the persons of another member state in relation of the trade in services;

      5) incompatible with paragraphs 4 and 7 of this Minute upon condition that the difference in relation of regime is the result of agreement on issues of taxation, as well as agreement on avoidance of double taxation, the participant of which is the relevant member state.

      35. Nothing in this Minute shall be construed as prevention for the member state to take any measures, which it considers necessary to protect their most important interests in the field of defence or its national security.

      36. The member state shall ensure gradual reduction of seizures and restrictions, specified in their individual national lists in the annex No.1 and 2 to this Minute.

      37. The member states shall terminate application of measures, specified in their individual national lists in the annexes No.1 and 2 to this Minute, in relation of those sectors of financial services, in which the conditions of harmonization of the legislation and mutual recognition of licenses were executed by the member states.

  ANNEX No.1
  to the Minute on
  financial services

LIST of subsectors of financial services, in which the national regime is provided by the member states in accordance with paragraph 4 of the Minute on financial services (annex No.17 to Agreement on Eurasian Economic Union) and the obligations are adopted in accordance with paragraph 10 of the Specified Minute

      Footnote. Annex № 1 as amended by Laws of the Republic of Kazakhstan № 265-V as of 24.12.2014; № 346-V as of 02.08.2015.
     

Sector (subsector)

Existence of restriction

Description of restriction

The ground for application of restriction (regulatory legal act)

The term of validity of restriction

I. REPUBLIC OF BELARUS

1. Insurance of risks, related with international sea transportation
international commercial air transportation
international commercial space launches
international insurance, which fully or partially covers:
international transportation of individuals
international transportation of exported (imported) cargos and transporting them transport vehicles, including responsibility, originating from this the transportation of goods by international transport
responsibility upon trans boundary transfer of individual transport vehicles only after accession to the international system of agreements and insurance certificates “Greed card”

no restrictions

-

-

-

2. Reinsurance and retrocession

no restrictions

-

-

-

3. Services of insurance agents and insurance brokers

restriction

it is not permitted the insurance mediation, related with conclusion and distribution of insurance contracts on behalf of the foreign insurers in the territory of the Republic of Belarus (except for the sectors, listed in paragraph 1 of this list, as well as except for the implementation of mediatory activity on reinsurance by the insurance brokers)

Decree of the President of the Republic of Belarus dated 25 August, 2006 No.590 “On insurance activity”


4. Auxiliary insurance services, including consultative and actuarial services, risk assessment and services on settlement of claims

no restrictions

-

-

-

II. Republic of Kazakhstan

1. Insurance of risks, related with international sea transportation
international commercial air transportation
international commercial space launches
international insurance, which fully or partially covers:
international transportation of individuals
international transportation of exported (imported) cargos and transporting them transport vehicles, including responsibility, originating from this the transportation of goods by international transport
responsibility upon trans boundary transfer of individual transport vehicles only after accession to the international system of agreements and insurance certificates “Greed card”

restriction

no restrictions, except for the case: insurance of property interests of legal entity, located in the territory of the Republic of Kazakhstan or its separate subdivision and property interests of individual, who is a resident of the Republic of Kazakhstan may be carried out only by the insurance organization – resident of the Republic of Kazakhstan. It is prohibited to make the payments and transfers of money, related with payment of insurance premiums (contributions) in favor of non-residents of the Republic of Kazakhstan, from individuals and legal entities – residents of the Republic of Kazakhstan. Compulsory insurance agreements shall be on their own holding of insurers of residents of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

2. Reinsurance and retrocession

restriction

cumulative amount of insurance premiums, accrued to the reinsurance organizations – non-residents of the Republic of Kazakhstan on the existing agreements of reinsurance, after deduction of commission remunerations, accrued to reception from them by reinsurer (assignor), not exceed 60% (from the date of entering to WTO – 85%) from the cumulative amount of insurance premiums, accrued to reception on the existing insurance agreements (reinsurance). Compulsory insurance agreements shall be on their own holding of insurers or transferred for reinsurance to the reinsurers - residents of the Republic of Kazakhstan.

Provision of the Agency of the Republic of Kazakhstan on regulation and supervision of financial market and financial organizations dated 22 August, 2008 No.131 “On approval of instruction on standard values and method of calculations of prudential standards of insurance (reinsurance) organization, forms and terms of presentation of reports on execution of prudential standards”
 

not specified

3. Services of insurance agents and insurance brokers

restriction

no restrictions, except for the following case: mediatory activity on conclusion of insurance agreement on behalf of the insurance organization – nonresident of the Republic of Kazakhstan, except for the insurance agreement of civil responsibility of owners of motor vehicles, driving outside of the Republic of Kazakhstan, shall not be allowed in the territory of the Republic of Kazakhstan, unless otherwise provided by international treaties, ratified by the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

4. Auxiliary insurance services, including consultative and actuarial services, risk assessment and services on settlement of claims

no restrictions

-

-

-

III. RUSSIAN FEDERATION

1. Insurance of risks, related with international sea transportation
international commercial air transportation
international commercial space launches
international insurance, which fully or partially covers:
international transportation of individuals
international transportation of exported (imported) cargos and transporting them transport vehicles, including responsibility, originating from this the transportation of goods by international transport
responsibility upon trans boundary transfer of individual transport vehicles only after accession to the international system of agreements and insurance certificates “Greed card”

no restrictions

-

-

-

2. Reinsurance and retrocession

no restrictions

-

-

-

3. Services of insurance agents and insurance brokers

restriction

it is not permitted the insurance mediation, related with conclusion and distribution of insurance contracts on behalf of the foreign insurers in the territory of the Russian Federation (except for the sectors, listed in paragraph 1 of this list)

The Law of the Russian Federation dated 27 November, 1992 No.4015-I “On organization of insurance case in the Russian Federation”


4. Auxiliary insurance services, including consultative and actuarial services, risk assessment and services on settlement of claims

no restrictions

-

-

-

IV. REPUBLIC OF ARMENIA

1. Insurance of risks associated with:
international maritime transport
international commercial air transport
international commercial space launches by international insurance covering all or part of:
international transport of individuals international transport of exported (imported) cargoes and vehicles transporting them, including liability arising therefrom, international transport of goods
liability for cross-border movement of individual vehicles only after accession to the “Green Card” international system of contracts and insurance certificates

unlimited

-

-

-

2. Reinsurance and retrocession

unlimited

-

-

-

3. Services of insurance agents and insurance brokers

limited

-

-

-

4. Ancillary insurance services, including advisory and actuarial services, risk assessment and claims settlement services

unlimited

-

- 

- 

     

V. THE KYRGYZ REPUBLIC 

1. Insurance of risks associated with:
international maritime transport
international commercial space launches by international insurance covering all or part of:
international transport of individuals international transport of exported (imported) cargoes and vehicles transporting them, including liability arising therefrom, international transport of goods
liability for cross-border movement of individual vehicles only after accession to the “Green Card” international system of contracts and insurance certificates

unlimited




2. Reinsurance and retrocession

unlimited




3. Services of insurance agents and insurance brokers
 

limited 

Insurance intermediation related to entering into insurance contracts on behalf of foreign insurance organizations in the Kyrgyz Republic is not allowed (except for the sectors mentioned in paragraph 1 of this List)

Law of the Kyrgyz Republic № 96 “On Organization of Insurance in the Kyrgyz Republic” as of July 23, 1998  

not specified
 
 

4. Ancillary insurance services, including advisory and actuarial services, risk assessment and claims settlement services

unlimited

     

  ANNEX No. 2
  to the Minute
  on financial services

The list
of restrictions in relation of establishment and (or)
activity, retained by the member states

      Footnote. Annex № 2 as amended by Laws of the Republic of Kazakhstan № 265-V as of 24.12.2014; № 346-Vas of 02.08.2015.
     

Existence of restriction

Description of restriction

The ground for application of restriction (regulatory legal act)

The term of validity of restriction

I. REPUBLIC OF BELARUS

1. Restriction on paragraphs 6 and 11 of the Minute on financial services (annex No.17 to Agreement on Eurasian Economic Union) (hereinafter – annex No.17)

in the case if the quota of foreign investors in the charter funds of insurance organizations of the Republic of Belarus exceeds 30%, the Ministry of Finance of the Republic of Belarus shall terminate registration of insurance organizations with foreign investments and (or) issuance of the licenses for carrying out of insurance activity to these organizations of licenses
the insurance organization shall be obliged to obtain the prior permission of the Ministry of Finance of the Republic of Belarus to increase the amount of its charter fund at the expense of the means of foreign investors and (or) insurance organizations, that are the subsidiary (dependent) economic societies in relation to these foreign investors for alienation of shares in its charter fund (stocks), constituting 5% and more of the charter fund of insurance organization, for alienation of shares in its charter fund (stocks) in favor of foreign investors and (or) insurance organizations, that are the subsidiary (dependent) economic societies in relation to these foreign investors. Belarusian participants of insurance organizations of the Republic of Belarus shall be obliged to obtain the prior permission of the Ministry of Finance for alienation of their shares in the charter funds (stocks) in the ownership (economic management, operational management) of foreign investors and (or) insurance organizations, that are the subsidiary (dependent) economic societies in relation to these foreign investors. It shall be refused in the prior permission in the following cases:
the quota of participation of foreign capital in the charter funds of insurance organizations of the Republic of Belarus exceeds upon commission of specified actions
a legal entity to which the insurer, participant of insurer intends to carry out alienation of their shares in the charter fund (stocks) shall carry out an activity at least 3 years and shall not have the profit at the results of carrying out of its activity in the last 3 years
there is a need to ensure the national security of the Republic of Belarus (as well as in the economic scope), protection of interests of the national insurance organizations
the insurance organizations, that are the subsidiary (dependent) economic societies in relation to the foreign investors and (or) having a share of the foreign investors in their charter funds more than 49% may create the separate subdivisions in the territory of the Republic of Belarus, as well as be the founders (participants) of other insurance organizations after obtainment of prior permission of the Ministry of Finance of the Republic of Belarus. It shall be refused in the prior permission, if the quota of participation of the foreign capital in the charter funds of insurance organizations of the Republic of Belarus is exceeded
insurance organizations that are the subsidiary or dependent economic societies in relation to the foreign investors may not carry out the life insurance in the Republic of Belarus (except for the conclusion of agreements of life insurance with individuals), compulsory insurance (as well as compulsory state insurance), property insurance, related to the implementation of supplies, rendering of services or execution of works for the state needs, as well as insurance of property interests of the Republic of Belarus and its administrative and territorial units.
Payment of shares in the charter funds (stocks) of insurance organizations and insurance brokers by the foreign investors shall be executed exclusively by the monetary means

Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity, Resolution of the Council of Ministers of the Republic of Belarus dated 11 September, 2006 No.1174 “On establishment of quota of foreign investors in the charter funds of insurance organizations of the Republic of Belarus” Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity” Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity” Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity”

not specified

2. Restriction on paragraphs 6 and 11 of annex No.17

the insurance agents, insurance brokers may be only the Belarussian persons

Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity”

not specified

3. Restriction on paragraphs 6 and 11 of annex No.17

participation of foreign capital in the banking system of the Republic of Belarus is limited to 50%.
Creation of credit organizations with the foreign investments requires obtainment of prior permission of the National bank of the Republic of Belarus. National bank of the Republic of Belarus shall terminate the state registration of banks with the foreign investments upon achievement of established amount (quota) of participation of the foreign capital in the banking system of the Republic of Belarus.
National bank of the Republic of Belarus shall have a right to take any measures for observance of this restriction. The level of the use of quota of participation of the foreign capital in the banking system of the Republic of Belarus, as well as financial provision and business standing of founders - non-residents shall be considered upon consideration of issue on issuance of permit.

The Banking Code of the Republic of Belarus dated 25 October, 2000 No.441-3, Resolution of the Management Board of the National bank of the Republic of Belarus dated 1 September, 2008 No.129 “On the amount (quota) of participation of the foreign capital in the banking system of the republic of Belarus”

not specified

4. Restriction on paragraphs 6 and 11 of annex No.17

a license for carrying out of activity in the scope of financial services in the Republic of Belarus is issued to the legal entities of the Republic of Belarus, created in the organizational and legal form, established by the legislation of the Republic of Belarus

The Banking Code of the Republic of Belarus dated 25 October, 2000 No.441-3

not specified

5. Restriction on paragraphs 6 and 11 of annex No.17

functions of the head, its assistants, general accountant of insurance organization may be executed only by the citizens of the Republic of Belarus, as well as foreign citizens and persons without citizenship, permanently residing in the Republic of Belarus, and only on the grounds of labour agreements

Decree of the President of the Republic of Belarus dated 25 August, 2006 No.530 “On insurance activity”

not specified

6. Restriction on paragraphs 6 and 11 of annex No.17

an activity, for carrying out of which requires the license may be carried out only by the legal entities of the Republic of Belarus or individual entrepreneurs, registered in the established procedure in the Republic of Belarus. Types of activity, subjected to licensing shall be determined in accordance with the legislation of the Republic of Belarus

Decree of the President of the Republic of Belarus dated 2 September, 2010 No.450 “Provision on licensing of separate types of activity”

not specified

II. REPUBLIC OF KAZAKHSTAN

1. Restriction on paragraphs 6 and 11 of annex No.17

a share of the authorized body in the capital of organizers of trading may consist more than 50% from the total amount of the voting stocks of organizer of trading

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

2. Restriction on paragraphs 6 and 11 of annex No.17

an activity, for carrying out of which requires the license may be carried out only by the legal entities or individual entrepreneurs of the Republic of Kazakhstan. Types of activity, subjected to licensing of the Republic of Kazakhstan shall be determined in accordance with the legislation of the Republic of Kazakhstan

The Law of the Republic of Kazakhstan dated 11 January, 2007 No.214-III “On licensing”

not specified

3. Restriction on paragraphs 6 and 11 of annex No.17

the banks are created in the form of joint stock companies

The Law of the Republic of Kazakhstan dated 31 August, 1995 No.2444 “On banks and banking activity in the Republic of Kazakhstan”

not specified

4. Restriction on paragraphs 6 and 11 of annex No.17

opening of branches of banks – non-residents in the Republic of Kazakhstan shall be prohibited

The Law of the Republic of Kazakhstan dated 31 August, 1995 No.2444 “On banks and banking activity in the Republic of Kazakhstan”

not specified

5. Restriction on paragraphs 6 and 11 of annex No.17

insurance (reinsurance) organization shall be established in the form of joint stock company

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

6. Restriction on paragraphs 6 and 11 of annex No.17

opening of branches of insurance organizations – non-residents in the Republic of Kazakhstan shall be prohibited

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

7. Restriction on paragraphs 6 and 11 of annex No.17

organizational and legal form of insurance broker is the private limited liability company or joint stock company

Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

8. Restriction on paragraphs 6 and 11 of annex No.17

voluntary pension savings fund is created in the form of joint stock company

The Law of the Republic of Kazakhstan dated 21 June, 2013 No.105-V “On pension provision in the Republic of Kazakhstan”

not specified

9. Restriction on paragraphs 6 and 11 of annex No.17

opening of branches and representatives of pension savings funds – non-residents of the Republic of Kazakhstan in the Republic of Kazakhstan shall be prohibited

The Law of the Republic of Kazakhstan dated 21 June, 2013 No.105-V “On pension provision in the Republic of Kazakhstan”

not specified

10. Restriction on paragraphs 6 and 11 of annex No.17

central depositary is the only organization in the territory of the Republic of Kazakhstan, carrying out the depositary activity. Central depositary is created in the form of joint stock company

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

11. Restriction on paragraphs 6 and 11 of annex No.17

professional participant of the securities market – a legal entity, created in the organizational and legal form of the joint stock company (except for the transfer-agent)

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

12. Restriction on paragraphs 6 and 11 of annex No.17

stock exchange – a legal entity, created in the organizational and legal form of the joint stock company

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

13. Restriction on paragraphs 6 and 11 of annex No.17

the banking holding – non-resident of the Republic of Kazakhstan, directly owns 25% or more of the outstanding (after deduction of privileged and reacquired by the bank) stocks of the bank or having the opportunity to vote directly 25% or more of voting stocks of the bank may only be a financial organization – non-resident of the Republic of Kazakhstan, subjected to the consolidated supervision in the country of its location

The Law of the Republic of Kazakhstan dated 31 August, 1995 No.2444 “On banks and banking activity in the Republic of Kazakhstan”

not specified

14. Restriction on paragraphs 6 and 11 of annex No.17

unified pension savings fund is the only organization in the territory of the Republic of Kazakhstan, carrying out activity on attraction of compulsory pension contributions, compulsory professional pension contributions

The Law of the Republic of Kazakhstan dated 21 June, 2013 No.105-V “On pension provision in the Republic of Kazakhstan”

not specified

15. Restriction on paragraphs 6 and 11 of annex No.17

unified register is the only organization in the territory of the republic of Kazakhstan, carrying out activity on maintenance of the system of registers of securities holders

The Law of the Republic of Kazakhstan dated 2 July, 2003 No.461-II “On the securities market”

not specified

16. Restriction on paragraphs 6 and 11 of annex No.17

the insurance holding – non-resident of the Republic of Kazakhstan, directly owns 25% or more of the outstanding (after deduction of privileged and reacquired by the insurance (reinsurance) organization) stocks of the insurance (reinsurance) organization or having the opportunity to vote directly 25% or more of voting stocks of the insurance (reinsurance) organization may only be a financial organization

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

17. Restriction on paragraphs 6 and 11 of annex No.17

the Guarantee Fund of insurance payments is the only organization in the territory of the Republic of Kazakhstan, guaranteeing implementation of insurance payments to the insurant (insured persons, beneficiaries) upon compulsory liquidation of insurance organization on agreements of compulsory insurance

The Law of the Republic of Kazakhstan dated 3 June, 2003 No.423-II “On the Guarantee Fund of insurance payments”

not specified

18. Restriction on paragraphs 6 and 11 of annex No.17

organization, carrying out the compulsory guarantee of deposits is the non-commercial organization, created in the organizational and legal form of the joint stock company. The founder (the only stockholder of organization) carrying out the compulsory guarantee of deposits is the authorized body

The Law of the Republic of Kazakhstan dated 7 July, 2006 No.169-III “On compulsory guarantee of deposits, placed in the second-tier banks of the Republic of Kazakhstan”

not specified

19. Restriction on paragraphs 6 and 11 of annex No.17

the credit bureau with the state participation is the only specialized non-commercial organization, created in the organizational and legal form of the joint stock company, in which the suppliers provide information, necessary for formation of the credit histories in a mandatory manner

The Law of the Republic of Kazakhstan dated 6 July, 2004 No.573-II “On credit bureaus and formation of credit histories in the Republic of Kazakhstan”

not specified

20. Restriction on paragraphs 6 and 11 of annex No.17

non-commercial organization, created in the organizational and legal form of the joint stock company with the share of participation of the state shall carry out formation and maintenance of the data base by insurance agreements

The Law of the Republic of Kazakhstan dated 18 December, 2000 No.126-II “On insurance activity”

not specified

III. RUSSIAN FEDERATION

1. Restriction on paragraphs 6 and 11 (annex No.17)

insurance organizations that are the subsidiary companies in relation to the foreign investors (basic organizations) or having a share of the foreign investors in its charter capital more than 49% may not maintain insurance of life, health and property of citizens in the Russian Federation at the expense of the funds, allocated for these purposes from the relevant budget by the federal executive body (insurant), insurance, related with implementation of the procurement of goods, works, services for provision of the state and municipal needs, as well as insurance of property interests of the state organizations and municipal organizations.
Insurance organizations that is a subsidiary company in relation to the foreign investors (basic organizations) or having a share of the foreign investors in its charter capital more than 51% may not maintain insurance of the property interests, related with survival of citizens to a certain age or the term or occurrence of certain events in the life of the citizens, as well as their death, and compulsory insurance of civil responsibility of vehicle owners in the Russian Federation.
Insurance organization that is a subsidiary company in relation to the foreign investors (basic organizations) or having a share of the foreign investors in its charter capital more than 49% shall have a right to carry out insurance activity in the Russian Federation, if the foreign investor (basic organization) is the insurance organization, carrying out its activity in accordance with the legislation of the relevant state not less than 5 years.
The limit of amount (quota) of participation of the foreign capital in the charter capitals of insurance organizations, which is equal to 50% is established by the legislation of the Russian Federation.
Information on the amount (quota) of participation of the foreign capital of insurance organizations, on introduction or termination of restrictions for the foreign investments, provided by the fifth and seventh items of this paragraph shall subject to publication in the manner established by the legislation of the Russian Federation.
In the case if the amount (quota) of participation of the foreign capital in the charter capitals of insurance organizations exceeds 50%, the insurance supervision body shall terminate the issuance of licenses for carrying out of insurance activity to the insurance organizations that are the subsidiary companies in relation to the foreign investors (basic organizations) or having a share of the foreign investors in its charter capital more than 49%.
Insurance organization shall be obliged to obtain a prior permission of the insurance supervision body to increase the amount of its charter capital at the expense of funds of foreign investors and (or) their subsidiary companies, for alienation in favor of foreign investors (including sales to the foreign investors) of their stocks (share in the charter capital), and Russian stockholders (participants) shall be obliged to obtain a prior permission of the insurance supervision body for alienation of their stocks (share in the charter capital) of insurance organization in favor of the foreign investors and (or) their subsidiary companies.
If the established amount (quota) of participation of the foreign capital in the charter capitals of insurance organizations is exceeded, the insurance supervision body shall refuse in the prior permission to the insurance organizations, that are the subsidiary companies in relation to the foreign investors (basic organizations) or having a share of foreign investors in its charter capital more than 49% or becoming so according to the result of the specified transactions.
Payment of their stocks (share in the charter capitals) of insurance organizations by the foreign investors shall be executed exclusively in monetary form in the currency of the Russian Federation. Despite of provisions of this paragraph, the insurance organizations, received the licenses for carrying out of insurance activity before accession of the Russia to the WTO may continue to carry out this activity in accordance with conditions, on which a license was issued

The Federal Law dated 27 November, 1992 No.4015-I “On organization of insurance business in the Russian Federation”

not specified

2. Restriction on paragraphs 6 and 11 of annex No.17

only the citizens of the Russian Federation may be the insurance agents, insurance brokers (this restriction shall not be distributed to the insurance agents – individuals, not registered as individual entrepreneurs)

The Federal Law dated 27 November, 1992 No.4015-I “On organization of insurance business in the Russian Federation”

not specified

3. Restriction on paragraphs 6 and 11 of annex No.17

participation of the foreign capital in the banking system of the Russian Federation is limited to 50%.
For the purposes of control of quota of foreign participation in the banking system of the Russian Federation the prior permission of the Central bank is required to:
creation of credit organization with the foreign participation, including subsidiary and dependent companies
increase the charter capital of credit organization at the expense of the funds of non-resident (non-residents) alienation of stocks (shares) of credit organization in favor of non-residents

International obligations of the Russian Federation, concerning the services and resulting from the Minute dated 16 December, 2011 on accession of the Russian Federation to the Marrakesh Accords on establishment of the world trade organization dated 15 April, 1994

not specified

4. Restriction on paragraphs 6 and 11 of annex No.17

a license for carrying out of activity in the scope of financial services in the Russian Federation shall be issued to the legal entities of the Russian Federation, created in the organizational and legal form, established by the legislation of the Russian Federation

The Federal Law dated 1 December 1990 No. 395-I “On banks and banking activity”, the Federal Law dated 22 April, 1996 No. 39-ФЗ “On securities market”, the Federal Law dated 27 November, 1992 No. 4015-I “On organization of insurance business in the Russian Federation”, the Federal Law dated 7 February, 2011 No. 7-ФЗ “On clearing and clearing activity”, the Federal Law dated 21 November, 2011 No. 325-ФЗ “On organized trading”, the Federal Law dated 7 May, 1998 No. 75-ФЗ “On the non-state pension funds”, the Federal Law dated 29 November, 2001 No. 156-ФЗ “On investment funds”, the Federal Law dated 14 March, 2013 No.29-ФЗ “On making amendments to the separate legislative acts of the Russian Federation”

not specified

5. Restriction on paragraphs 6 and 11 of annex No.17

in relation of credit organizations with the foreign investments there are the restrictions in the following cases:
if a person, exercising the functions of individual executive body of the Russian credit organization is the foreign citizen or person without citizenship, collegial executive body of such credit organization shall be formed from the citizens of the Russian Federation not less than for 50%.
The number of employees that are the citizens of the Russian Federation shall consist not less than 75% from the total number of employees of the Russian credit organization with the foreign investments

The Order of Bank of Russia dated 23 April, 1997 No. 02-195 “On introduction into effect of Provision “On features of registration of credit organizations with the foreign investments and on order of reception of a prior permission of the Bank of Russia to increase the charter capital, registered by the credit organization at the expense of the funds of non-residents”

not specified

6. Restriction on paragraphs 6 and 11 of annex No.17

the number of foreign personnel of the representatives of the foreign credit organization, as a rule, shall not exceed 2 people. In the case if the representation is required more accredited employees, the need for this shall be justified in written application in the name of the Chairman of the Bank of Russian on the basis of which the decision is adopted

the Order of the Bank of the Russia dated 7 October, 1997 No.02-437 “On procedure of opening and activity in the Russian Federation of the representations of the foreign credit organizations”

not specified

7. Restriction on paragraphs 6 and 11 of annex No.17

the heads (as well as individual executive body) and general accountant of the subject of Russian insurance business (legal entity) shall permanently reside in the territory of the Russian Federation

The Law of the Russian Federation dated 27 November, 1992 No. 4015-I “On organization of insurance business in the Russian Federation”

until 1 January, 2015

8. Restriction on paragraphs 6 and 11 of annex No.17

an activity, for carrying out of which requires a license may be carried out only by the legal entities of the Russian Federation or individual entrepreneurs, registered in the established procedure in the Russian Federation. Types of activity, subjected to licensing shall be determined in accordance with the legislation of the Russian Federation

The Federal Law dated 4 May, 2011 No.99-ФЗ “On licensing of separate types of activity” (and legislation, regulating the types of activity, listed in paragraph 2 of Article 1 of the specified Federal Law), the Federal Law dated 1 December, 1990 No.395-I “On banks and banking activity”

not specified

9. Restriction on paragraphs 6 and 11 of annex No.17

a share of each stockholder (related group of persons) in the charter capital of organizer of trading may not exceed 10%, except for the cases, when the stockholder (related group of persons) is the authorized body or infrastructure organizations of financial market of the Russian Federation, including to the one holding group

-

not specified

10. Restriction on paragraphs 6 and 11 of annex No.17

maintenance of insurance histories in the Russian Federation shall be carried out by the only organization, approved and carrying out activity in accordance with the legislation of the Russian Federation

-

not specified

11. Restriction on paragraphs 6 and 11 of annex No.17

organization, received a status of the central depository is the only organization in the territory of the Russian Federation, exercising functions of the central depository
central depositary is created in the form of the joint stock company

The Federal Law dated 7 December, 2011 No. 414-ФЗ “On central depository”

not specified

IV. REPUBLIC OF ARMENIA

1. Restrictions with regard to paragraphs 6 and 11 of Annex 17
 
 

in the territory of the Republic of Armenia, financial services may be provided by financial institutions and (or) their branches licensed and registered in the Republic of Armenia and established in the organizational and legal form prescribed by the legislation of the Republic of Armenia, except for insurance agents registered and recorded in accordance with the legislation of the Republic of Armenia
 

Law of the Republic of Armenia № ЗР-177-Н “On Insurance and Insurance Activities” as of April 9, 2007
(Articles 8 and 87);
Law of the Republic of Armenia № ЗР-195-Н “On the Securities Market” as of October 11, 2007
(Articles 28, 103 and 175);
Law of the Republic of Armenia № ЗР-245-Н “On Investment Funds” as of December 22, 2010 (Article 52);
Law of the Republic of Armenia № ЗР-68 “On Banks and Banking” as of June 30, 1996 (Article 12)

not specified
 
 

2. Restrictions with regard to paragraph 6 of Annex 17
 
 

a foreign bank, a foreign insurance company, a foreign investment company and a foreign investment fund manager can establish a branch in the territory of the Republic of Armenia by licensing and registering a branch with the Central Bank of the Republic of Armenia
 
 

Law of the Republic of Armenia № ЗР-68 “On Banks and Banking” as of June 30, 1996 (Article 14);
Law of the Republic of Armenia № ЗР-177-Н “On Insurance and Insurance Activities” as of April 9, 2007
(Article 47);
Law of the Republic of Armenia № ЗР-195-Н “On the Securities Market” as of October 11, 2007
(Article 43);
Law of the Republic of Armenia № ЗР-245-Н “On Investment Funds” as of December 22, 2010 (Article 54);
Regulations of the Central Bank of the Republic of Armenia 1 (№ 145-Н as of April 12, 2005), 3/01 (№ 344-Н as of October 30, 2007), 4/01 (№ 16-Н as of January 15, 2008)

not specified 

3. Restrictions with regard to paragraph 6 of Annex 17
 

 
 

permission to manage a mandatory pension fund may be granted to a manager established in the territory of the Republic of Armenia having at least 1 participant (shareholder) that is an international financial institution or a reputable foreign organization specializing in managing pension funds (including other similar investment funds). At the same time, an international financial institution (institutions) and (or) a reputable foreign organization (organizations) shall own more than 50% of voting shares in the authorized capital of the manager of the mandatory pension fund established in the territory of the Republic of Armenia, and this organization (organizations) shall have a decisive vote when determining the strategy of the manager of a mandatory pension fund, and also when creating the manager’s executive body and internal control systems

Regulation of the Central Bank of the Republic of Armenia 10/01
(№ 116-Н as of May 2, 2011) (paragraph 33)
 
 

not specified
 
 

4. Restrictions with regard to paragraph 6 of Annex 17
 
 

investment companies, branches of foreign investment companies and banks licensed and registered in the Republic of Armenia can act as a custodian of securities. Only a bank (licensed and registered in the Republic of Armenia) can be a custodian of securities of investment funds

Law of the Republic of Armenia № ЗР-195-Н “On the Securities Market” as of October 11, 2007
(Article 27);
Law of the Republic of Armenia № ЗР-245-Н “On Investment Funds” as of December 22, 2010 (Article 86)
 
 

not specified
 
 

5. Restrictions with regard to paragraph 6 of Annex 17
 
 

regulated market operator (exchange) and the Central Depository can be established only in the form of a joint stock company

Law of the Republic of Armenia № ЗР-195-Н “On the Securities Market” as of October 11, 2007
(Articles 103 and 175) 
 

not specified

6. Restrictions with regard to paragraph 6 of Annex 17
 
 
 

an organization having the status of the Central Depository in accordance with the legislation of the Republic of Armenia is the only organization in the territory of the Republic of Armenia performing the functions of a central depositary in accordance with the legislation of the Republic of Armenia

Law of the Republic of Armenia № ЗР-195-Н “On the Securities Market” as of October 11, 2007
(Article 175)
 
 

not specified

7. Restrictions with regard to paragraph 6 of Annex 17
 
 
 

the bureau of insurance companies engaged in compulsory insurance of liability (CIL) arising from the use of motor vehicles has the organizational and legal form of a non-profit association of legal entities. The purpose of the bureau’s activity is to protect the interests of victims and to ensure stability and development of the CIL system. The bureau is the only self-regulating organization whose members, in accordance with the Law of the Republic of Armenia “On Compulsory Insurance of Liability Arising from the Use of Motor Vehicles”, are insurance companies entitled to CIL performance, and in cases provided for by this Law, also the Central Bank of the Republic of Armenia

Law of the Republic of Armenia № ЗР-63-Н ”On Compulsory Insurance of Liability Arising from the Use of Motor Vehicles” as of May 18, 2010 (Articles 3 and 28)
 
 

not specified
 
 

8. Restrictions with regard to paragraph 6 of Annex 17
 
 
 

the organization performing mandatory deposit insurance is a non-profit legal entity, whose founder is the Central Bank of the Republic of Armenia

Law of the Republic of Armenia № ЗР-142-Н “On Guarantee of Compensation for Bank Deposits of Physical Persons”
as of November 24, 2004 (Article 17) 


9. Restrictions with regard to paragraph 6 of Annex 17
 
 
 

the credit bureau is a for-profit specialized organization established in the organizational and legal form of a joint stock company, which, on the basis of a license issued by the Central Bank of the Republic of Armenia, has the right to carry out activities on collecting credit information and other data it needs, on compiling, processing and maintaining credit histories and drawing up a credit report based on them

Law of the Republic of Armenia № ЗР-185-Н “On Circulation of Credit Information and Activities of Credit Bureaus” as of October 22, 2008 (Article 3)
 
 

not specified
 
 

V. THE KYRGYZ REPUBLIC 

1. Restrictions with regard to paragraphs 6 and 11 of Annex № 17
 

in the territory of the Kyrgyz Republic, financial services may be provided by financial institutions (financial service providers) and (or) their branches licensed and registered in the Kyrgyz Republic and established in the organizational and legal forms in accordance with the legislation of the Kyrgyz Republic. A foreign bank may establish a branch, representative office in the territory of the Kyrgyz Republic after obtaining a permit, registration and obtaining a license from the National Bank of the Kyrgyz Republic
 

Law of the Kyrgyz Republic № 60 “On Banks and Banking Activity in the Kyrgyz Republic” as of July 29, 1997;
Law of the Kyrgyz Republic № 96 “On Organization of Insurance in the Kyrgyz Republic” as of July 23, 1998;
Law of the Kyrgyz Republic № 251 “On the Securities Market” as of July 24, 2009;
Regulation on the licensing of banking activities, approved by Resolution of the Board of the National Bank of the Kyrgyz Republic № 5/7 as of March 2, 2006
The procedure for allotting capital by a non-resident bank to its branch, approved by Resolution of the Board of the National Bank of the Kyrgyz Republic № 12/8 as of April 27, 2005  

not specified

2. Restrictions with regard to paragraphs 6 and 11 of Annex № 17
 
 

the organization engaged in ensuring the operation of the deposit protection system is a legal entity - the Deposit Protection Agency of the Kyrgyz Republic established by the Government of the Kyrgyz Republic. The Agency is an independent non-profit organization. 

Law of the Kyrgyz Republic № 78 “On Protection of Bank Deposits” as of May 7, 2008
 
 

not specified

3. Restrictions with regard to paragraph 6 of Annex № 17
 
 

the organization having the status of a central depositary is the only organization in the territory of the Kyrgyz Republic that performs functions of a central depositary. The central depositary is set up in the form of a joint stock company with state participation

Resolution of the Government of the Kyrgyz Republic № 513 as of September 12, 2008 “On the establishment of a central depository of securities in the Kyrgyz Republic”
 
 

not specified

     

  ANNEX № 18
  to Agreement
  on Eurasian Economic Union

MINUTE
on procedure of collection of indirect taxes and mechanism of control for their payment upon export and import of goods, execution of works, rendering of services
I. General provisions

      1. This Minute id developed in accordance with Articles 71 and 72 of Agreement on Eurasian Economic Union and determines a procedure of collection of indirect taxes and mechanism of control for their payment upon export and import of goods, execution of works, rendering of services.

      2. The concepts used in this Minute shall have the following meanings:

      “auditing services” – services on conducting of audit of accounting, tax and financial reporting;

      “accounting services” – services on formulation, maintenance, reconstruction of accounting, preparation and (or) presentation of tax, financial and accounting reporting;

      “movable property” – things that do not relating to the immovable property, to the transport vehicles;

      “design services” – services on planning of art forms, appearance of products, building facades, interiors of premises; industrial design;

      “import of goods” – import of goods by taxpayers (payers) to the territory of one member state from the territory of another member state;

      “engineering services” - engineering-advisory services on preparation of process of production and implementation of goods (works, services), preparation of construction and operation of industrial, infrastructure, agricultural and other objects, as well as pre-project and project services (preparation of technical and economic feasibility, design and engineering development, technical tests and analysis of results of such tests);

      “component bodies” – The Ministry of Finance, Economy, tax and customs bodies of the member states;

      “consultation services” – services on provision of explanations, recommendations and other forms of consultations, including determination and (or) assessment of problems and (or) possibilities of person, on administrative, economic, financial (including tax and accounting) issues, as well as on issues of planning, organization and carrying out of entrepreneurial activity, personnel management;

      “indirect taxes” – the value added tax (hereinafter – VAT) and excises (excise tax or excise duties);

      “marketing services” – services, related with research, analysis, planning and prediction in the scope of production and circulation of goods (works, services) for the purposes of determination of measures on creation of necessary economic conditions of production and circulation of goods (works, services), including characteristic of goods (works, services), development of price strategy and advertising strategy;

      “taxpayer (payer)” - taxpayer (payer) of taxes, charges and duties of the member states (hereinafter – taxpayer);

      “research scientific works” – conducting of scientific researches, conditioned by technical specification of customer;

      “immovable property” – the land plots, subsoil plots, isolated bodies of water and all that is firmly connected to the ground, that is the objects, moving of which is impossible without disproportionate damage to their purpose, as well as forests, perennial plantings, buildings, constructions, pipelines, power transmission lines, enterprises as property complexes and space objects;

      “zero rate of VAT” – the imposition of VAT on the rate of zero percent with the right to deduct (set off) the relevant amounts of VAT;

      “development and pilot technological (technological) works” – development of a sample of a new product, design documentation for it, or new technology;

      “work” – an activity, the results of which have the material expression and may be implemented for satisfaction of needs of legal entities and (or) individuals;

      “advertising services” – services on creation, distribution and placement of information, intended for indefinite range of persons and designed to form or keep up interest to the legal entity or individual, goods, trademarks, works, services, by any means and in any form;

      “goods” - implemented or intended to implement any movable and immovable property, transport vehicles, all kinds of energy;

      “transport vehicles” - sea-going vessels and aircraft, inland water vessels, vessels of mixed “river-sea” navigation, units of railway or tramway rolling stock; autobuses; cars, including trailers and semi-trailers; cargo containers; dump trucks;

      “service” – an activity, the results of which do not have the material expression, realized and used in the process of carrying out of this activity, as well as transfer, provision of patents, licenses, trademarks, copyrights, or other rights;

      “services on processing of information” – services on implementation of collection and consolidation of information, systematization of information files (details) and provision of results of processing of this information for disposition of the user;

      “export of goods” – exportation of goods, sold by the taxpayer from the territory of one member state to the territory of another member state;

      “legal services” – services of legal nature, as well as provision of consultations and explanations, preparation and legal expertise of documents, presentation of interests of customers in the courts.

II. Procedure of application of indirect taxes
upon export of goods

      3. The zero rate of VAT and (or) exemption from excises upon presentation of documents, provided by paragraph 4 of this Minute to the taxation body shall be applied upon export of goods from the territory of one member state to the territory of another member state by the taxpayer of the member state, from the territory of which the goods are transported.

      Taxpayer shall have a right to the tax deductions (credits) in the manner, similar to the provided by the legislation of the member state, applied in relation of goods, exported from the territory of one member state outside the Union upon export of goods from the territory of one member state to the territory of another member state.

      Place of sale of goods shall be determined in accordance with the legislation of the member states, unless otherwise established by this paragraph.

      In the case of sale of goods by the taxpayer of one member state to the taxpayer of another member state, when the transfer (transportation) of goods began outside of the Union and completed in another member state, the place of sale of goods shall be the territory of the member state, in the territory of which the goods are placed under the customs procedure of release for the internal consumption.

      4. The following documents (their copies) shall be presented to the taxation body together with the tax declaration for approval of validity of application of the zero rate of VAT and (or) exemption from excises by the taxpayer of the member state, from the territory of which the goods are exported:

      1) agreements (contracts), concluded with the taxpayer of another member state or with the taxpayer of the state, that is not a member of the Union (hereinafter – agreements (contracts), on the basis of which the export of goods is carried out; in the case of leasing of goods or trade credit (commercial loan, a loan in the form of things) – agreements (contracts) of leasing, agreements (contracts) of the trade credit (commercial loan, a loan in the form of things); agreements (contracts) for production of goods; agreements (contracts) for processing of the give and take raw materials;

      2) a bank statement, approving an actual receipt of revenues from the sale of exported goods to the account of taxpayer-exporter, unless otherwise provided by the legislation of the member state.

      In the case if the payment in cash is provided by agreement (contract) and such payment does not contradict to the legislation of the member state, from the territory of which the goods are exported, the taxpayer shall present a bank statement (a copy of statement), approving the deposit of amount received by the taxpayer to its account in the bank, as well as copies of cash receipts, approving an actual receipt of revenues from the buyer of specified goods, to the taxation body, unless otherwise provided by the legislation of the member state, from the territory of which the goods are exported.

      In the case of exportation of goods on lease agreement (contract), providing the transfer of property right to them to the leaseholder, the taxpayer shall present a bank statement (copy of statement), approving an actual receipt of lease payment (in a part of compensation of original cost of goods (a subject of leasing)) to the account of taxpayer-exporter, to the taxation body, unless otherwise provided by the legislation of the member state.

      In the case of implementation of foreign trade goods countertrade (barter) operations of provision of trade credit (commercial loan, a loan in the form of things), the taxpayer-exporter shall present the documents, approving the import of goods (execution works, rendering of services), received (acquired) by them on the specified operations to the taxation body.

      The documents specified in this subparagraph shall not be presented to the taxation body, if their presentation is not provided by the legislation of the member state in relation of goods, exported from the territory of the member state outside the Union;

      3) an application on importation of goods and payment of indirect taxes, composed in the form, provided by the separate international interdepartmental agreement, with a mark of taxation body of the member state, in the territory of which the goods are imported, on payment of indirect taxes (exemption or other procedure of execution of tax liabilities) (hereinafter – application) (in hard copy in the original or in the copy at discretion of taxation bodies of the member states) or the list of applications (in hard copy or electronic form with an electronic (digital) signature of taxpayer).

      Taxpayer shall include the requisites and details to the list of applications from those applications, information of which is received to the taxation body in the form, provided by the separate international interdepartmental agreement.

      The form of the list of applications, procedure of its filling and format shall be determined by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states.

      In the case of the sale of goods, exported from the territory of one member state to the territory of another member state, and placement them under the customs procedures of free customs zone or free warehouse in the territory of another member state, a copy of customs declaration shall be presented to the taxation body instead of the application of the first member state in accordance with which such goods are placed under the customs procedures of free customs zone or free warehouse;

      4) transport (transportation) and (or) other documents, provided by the legislation of the member state, approving the transfer of goods from the territory of one member state to the territory of another member state. The specified documents shall not be presented, if execution of these documents for the separate types of transfer of goods, as well as transfer of goods without the use of transport vehicles is not provided by the legislation of the member state;

      5) other documents, approving feasibility of application of the zero rate of VAT and (or) exemption from payment of excises, provided by the legislation of the member state from the territory of which the goods are exported.

      The documents provided by this paragraph, except for the application (list of applications) shall not be presented to the taxation body, if the non-presentation of documents, approving the validity of application of the zero rate of VAT and (or) exemption from payment of excises, together with the tax declaration follows from the legislation of the member state, from the territory of which the goods of exporters.

      The documents provided by this paragraph shall not be presented with the relevant tax declaration on excises, if they were presented with the tax declaration of VAT, unless otherwise provided by the legislation of the member state.

      The documents provided by subparagraphs 1,2,4,5, the forth item of subparagraph 3 of this paragraph may be presented in the electronic form in the manner established by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states. The format of specified documents shall be determined by the taxation bodies of the member states or other regulatory legal acts of the member states.

      5. The documents provided by paragraph 4 of this Minute shall be presented to the taxation body during 180 calendar days from the date of dispatch (transfer) of goods.

      Upon non-presentation of these documents in the established term, the amounts of indirect taxes shall subject to the payment to the budget for the tax (reporting) period, on which the date of goods dispatch is occurred, or other tax (reporting) period, established by the legislation of the member state, with the right to deduct (set off) of relevant amounts of VAT according to the legislation of the member state, from the territory of which the goods are exported.

      For the purposes of calculation of VAT upon sale of goods, the date of dispatch shall be recognized the date of the first in time of drawing up of a prior accounting (accounting) document, executed to the buyer of goods (first carrier), or the date of creation of other compulsory document, provided by the legislation of the member state for the taxpayer of VAT.

      For the purposes of calculation of excises on excisable goods, produced from the own raw materials, the date of dispatch of goods shall be recognized the date of the first in time of drawing up of a prior accounting (accounting) document, executed to the buyer (receiver) of goods; on excisable goods, produced from the give and take raw materials, the date of dispatch shall be recognized the date of signing of an act of receipt and transfer of excisable goods, unless otherwise provided by the legislation of the member state, in the territory of which the excisable goods are produced.

      In the case of non-payment, incomplete payment of indirect taxes, payment of such taxes with violation of the term, established by this paragraph, the taxation body shall collect the indirect taxes and fines in the manner and amount, established by the legislation of the member state, from the territory of which the goods are exported, as well as shall apply the methods of ensuring of execution of obligations on payment of indirect taxes, fines and penalties, established by the legislation of this member state.

      In the case of presentation of documents, provided by paragraph 4 of this Minute by the taxpayer, upon expire of a term, established by this paragraph, the amounts paid of indirect taxes shall subject to deduction (set off), return in accordance with the legislation of the member state, from the territory of which the goods are exported. The amounts of fines, penalties, paid for the violation of the terms of payment of indirect taxes shall not subject to return.

      6. The volume of goods, rates of excises, having an effect on the date of dispatch of excisable goods, exported to the member states, as well as the amounts of excises shall be reflected in the relevant tax declaration on excises.

      7. The taxation body shall verify the validity of application of the zero rate of VAT and (or) exemption from the payment of excises, tax deductions (set off) on the specified taxes, as well as shall take (make) the relevant decision according to the legislation of the member state, from the territory of which the goods are exported.

      In the case of non-presentation of an application to the taxation body, the taxation body shall have a right to take (make) a decision on approval of validity of application of the zero rate of VAT and (or) exemption from payment of excises, tax deductions (set off) on the specified taxes in relation of operation on the sale of goods, exported from the territory of one member state to the territory of another member state, in the existence in the taxation body of one member state of approval of the fact of the payment of indirect taxes in full amount (exemption from the payment of indirect taxes) in the electronic form from the taxation body of another member state.

      8. If the details on transfer of goods and payment of indirect taxes, presented by the tax payer do not correspond to the data, received within the exchange of information, established between the taxation bodies of the member states, the taxation body shall collect the indirect taxes and fines in the manner and amount, provided by the legislation of the member state, from the territory of which the goods are exported, as well as shall apply the methods on ensuring of execution of obligations on payment of indirect taxes, fines and penalties, established by the legislation of this member state.

      9. Provisions of this section in a part of VAT shall be also applied in relation of goods, being the result of execution of works on agreements (contracts) on their production, exported from the territory of the member state, in the territory of which the works are executed on their production, to the territory of another member state. The goods that are the results of execution of works on processing of give and take raw materials shall not be related to the specified goods.

      10. Taxation base for the imposition of excises of goods that are the result of execution of works on agreement (contract) on processing of give and take raw materials shall be determined as the volume, number (other indicators) of excisable goods, produced from the give and take raw materials, in natural units, in relation of which the fixed (specific) rates of excises are established, or as the cost of excisable goods, produced from the give and take raw materials in relation of which the ad valorem excise rates are established.

      11. Taxation base on VAT upon export of goods upon changing it in the direction of increase (reduction) due to the increase (reduction) of price of goods sold or reduction of the number (volume) of goods sold in connection with their return due to the inadequate quality and (or) equipment shall be corrected in the tax (report) period, in which the participants of agreement (contract) are changed the price (discussed a return) of exported goods, unless otherwise provided by the legislation of the member state.

      Upon export of goods (leasing subjects) from the territory of one member state to the territory of another member state on lease agreement (contract), providing the transfer of a right of ownership to them to the lessee, on agreement (contract) of the trade credit (commercial loan, a loan in the form of things) on agreement (contract) of production of goods shall be applied the zero rate of VAT and (or) exemption from the payment of excises (if such operation subjects to imposition of excises in accordance with the legislation of the member state) upon presentation of documents, provided by paragraph 4 of this Minute to the taxation body.

      The tax base on VAT upon export of goods (leasing subjects) from the territory of one member state to the territory of another member state on lease agreement (contract), providing the transfer of a right of ownership to them to the lessee shall be determined on the date, provided by lease agreement (contract) for the payment of each lease payment, in the amount of the original cost of goods (leasing subjects), corresponding to each lease payment.

      The tax deductions (set off) shall be made in the manner provided by the legislation of the member state, in a part, corresponding to the cost of goods (leasing subjects) on each lease payment.

      The tax base on VAT upon export of goods from the territory of one member state to the territory of another member state on lease agreement (contract) of the trade credit (commercial loan, a loan in the form of things) shall be the cost of transferred (provided) goods, provided by agreement (contract), in the absence of the cost in the agreement (contract) – the cost, specified in the transportation documents, in the absence of the cost in the agreement (contract) and transportation documents – the cost of goods, reflected in the account.

      12. The legislation of the member state regulating the principles of determination of a price for the purposes of taxation may be applied for ensuring of completeness of the payment of indirect taxes.

III. Procedure of collection of indirect taxes
upon import of goods

      13. Collection of indirect taxes on goods, imported to the territory of one member state from the territory of another member state (except for the case, established by paragraph 27 of this Minute and (or) placement of imported goods under the customs procedure of free customs zone or free warehouse) shall be carried out by the taxation body of the member state, to the territory of which the goods are imported, on place of registration of taxpayer – owners of goods, including the taxpayers, applied the special regimes of taxation, as well as in recognition of features, provided by paragraphs 13.1 – 13.5 of this Minute.

      For the purposes of this section the owner of goods shall be recognized the person who has a property right of goods or to whom the transfer of the property right of goods is provided by agreement (contract).

      13.1. If the goods are purchased on the basis of agreement (contract) between the taxpayer of one member state and taxpayer of another member state, the payment of indirect taxes shall be made by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods, or, if it is provided by the legislation of the member state, - by commissioner, attorney or agent.

      13.2. If the goods are purchased on the basis of agreement (contract) between the taxpayer of one member state and taxpayer of another member state and upon that the goods are imported from the territory of the third member state, the indirect taxes shall be paid by the taxpayer of the member state, in the territory of which the goods are imported – by the owner of goods.

      13.3. If the goods are sold by the taxpayer of one member state through the commissioner, attorney or agent to the taxpayer of another member state and imported from the territory of the first or third member state, the payment of indirect taxes shall be made by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods or, if it is provided by the legislation of the member state, - by the commissioner, attorney or agent.

      13.4. If the taxpayer of one member state purchases the goods, previously imported to the territory of this member state by the taxpayer of another member state, the indirect taxes on which they were paid, the payment of indirect taxes shall be made by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods or, if it is provided by the legislation of the member state, by the commissioner, attorney or agent (in the case, if the goods are sold by the taxpayer of another member state through the commissioner, attorney or agent).

      If the taxpayer of one member state purchases the goods, previously imported to the territory of this member state by the commissioner, attorney or agent (taxpayer of this member state) by agreement (contract) of commission, order or agency agreement (contract) with the taxpayer of another member state, the indirect taxes on which are not paid, the payment of indirect taxes shall be made by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods or, if it is provided by the legislation of the member state, - by the commissioner, attorney or agent, imported the goods.

      13.5. If the goods are purchased on the basis of agreement (contract) between the taxpayer of the member state and taxpayer of the state, that is not a member of the Union, and upon that the goods are imported from the territory of another member state, the indirect taxes shall be paid by the taxpayer of the member state, to the territory of which the goods are imported, - by the owner of goods or, if it is provided by the legislation of the member state, - by the commissioner, attorney or agent (in the case if the goods are sold through the commissioner, attorney or agent).

      14. For the purposes of payment of VAT, the tax base shall be determined on the date of making registration of imported goods of the taxpayer (but not later than the term, established by the legislation of the member state, to the territory of which the goods are imported) on the basis of the cost of purchased goods (as well as the goods that are the result of execution of works on agreement (contract) on their production), as well as the goods, received by agreement (contract) of the trade credit (commercial loan, a loan in the form of things), the goods that are the product of processing of give and take raw materials, and excises, subjected to the payment on excisable goods.

      The cost of the purchased goods, as well as the goods that are the result of execution of works on agreement (contract) on their production shall be the price of transaction, payable for suppliers for the goods (works, services) according to the conditions of agreement (contract).

      The cost of the goods, received on the countertrade (barter) agreement (contract), as well as agreement (contract) of the trade credit (commercial loan, a loan in the form of things) shall be the cost of goods, provided by agreement (contract), in the absence of the cost in the agreement (contract) – the cost, specified in the transportation documents, in the absence of the cost in the agreement (contract) and transportation documents – the cost of goods, reflected in the account.

      For the purposes of determination of the tax base, the cost of goods, (as well as the goods, that are the result of execution of works on agreement (contract) on their production), expressed in the foreign currency shall be translated to the national currency at the exchange rate of the national (central) bank of the member state on the date of reception of goods to the account.

      Upon import of products of processing of give and take raw materials to the territory of one member state from the territory of another member state, the tax base shall be determined as the cost of executed works on processing of give and take raw materials and excises, payable on excisable products of processing. Upon that the cost of executed works on processing of give and take raw materials, expressed in the foreign currency shall be translated to the national currency at the exchange rate of the national (central) bank of the member state on the date of reception of products of processing to the account.

      15. Upon importation of goods (leasing subjects) to the territory of one member state from the territory of another member state on lease agreement (contract), providing the transfer of the property right to them to the lessee, the tax base shall be determined in the amount of the cost of goods (leasing subjects), provided on the date of its payment by lease agreement (contract) (irrespective of the actual amount and the date of payment). The lease payment in the foreign currency shall be translated to the national currency at the exchange rate of the national (central) bank of the member state on the date, corresponding to the time (date) of determination of the tax base.

      16. The tax base for imposition of excises shall be the volume, number (other indicators) of imported excisable goods, as well as the goods that are the product of processing of give and take raw materials, in natural units, in relation of which the fixed (specific) rates of excises are established, or the cost of imported excisable goods, as well as the goods that are the product of processing of give and take raw materials, in relation of which the ad valorem excise rates are established.

      The tax base for calculation of excises shall be determined on the date of reception of imported excisable goods to the account by the taxpayer, as well as the goods that are the product of processing of give and take raw materials (but not later than the term, established by the legislation of the member state, to the territory of which the excisable goods are imported).

      17. The amounts of the indirect taxes, payable on the goods, imported to the territory of one member state from the territory of another member state shall be calculated by the taxpayer on the tax rates, established by the legislation of the member state, to the territory of which the goods are imported.

      18. The legislation of the member state regulating the principles of determination of a price for the purposes of taxation may be applied for ensuring of completeness of the payment of indirect taxes.

      19. The indirect taxes, except for the excises on marked excisable goods shall be paid not later than the 20th day of the month, following the month of:

      record of imported goods;

      the term of payment, provided by the lease agreement (contract).

      The payment of excises on marked excisable goods shall be made in the term, established by the legislation of the member state.

      20. The taxpayer shall be obliged to present the relevant tax declaration on the form, established by the legislation of the member state, or in the form, approved by the competent body of the member state, to the territory of which the goods are imported, as well as on lease agreement (contract) to the taxation body, not later than the 20th day of the month, following the month of record of imported goods (the date of payment, provided by the lease agreement (contract)). The taxpayer shall present the following documents to the taxation body together with the tax declaration:

      1) an application in hard copy (in quadruplicate) and in electronic form of application in the electronic form with electronic (digital) signature of taxpayer;

      2) a bank statement, approving the actual payment of indirect taxes on imported goods, or other document, approving execution of tax obligations on payment of indirect taxes, if it is provided by the legislation of the member state. If the taxpayer has the overpayment (collected) of the tax, charges or the amounts of indirect taxes, subjected to return (set off), both upon import of goods to the territory of one member state from the territory of another member state, and upon sale of goods (works, services) in the territory of the member state, the taxation body shall take (make) a decision on their credit to the account of payment of indirect taxes on imported goods in accordance with the legislation of the member state, to the territory of which the goods are imported. In this case the bank statement (its copy), approving an actual payment of indirect taxes on imported goods shall not be presented. The documents, specified in this paragraph by the lease agreement (contract) shall be presented upon occurrence of the date of payment, provided by the lease agreement (contract);

      3) transport (transportation) and (or) other documents, provided by the legislation of the member state, approving the transfer of goods from the territory of one member state to the territory of another member state. The specified documents shall not be presented, if the separate types of transfer of goods, as well as transfer of goods without the use of transport vehicles, execution of these documents is not provided by the legislation of the member state;

      4) invoices, executed in accordance with the legislation of the member state upon dispatch of goods, in the case if their submission (creation) is provided by the legislation of the member state.

      If the submission (creation) of invoice is not provided by the legislation of the member state or the goods are purchased from the taxpayer of the state that is not a member state, other document (documents), issued (made out) by the seller, approving the cost of imported goods shall be presented to the taxation body instead of the invoice;

      5) agreements (contracts), on the basis of which the goods are purchased, imported to the territory of the member state from the territory of another member state;

      in the case of leasing of goods (leasing subjects) – lease agreements (contracts); in the case of the trade credit (commercial loan, a loan in the form of things) – agreements (contracts) of the trade credit (commercial loan, a loan in the form of things) on production of goods; agreements (contracts) for processing of give and take raw materials;

      6) information statement (in the cases, provided by paragraphs 13.2 – 13.2 of this Minute), presented to the taxpayer of one member state by the taxpayer of another member state or by the taxpayer of the state that is not a member of the Union (signed by the head (individual entrepreneur) and affixed with the seal of organization), selling the goods imported from the territory of the third member state, on the following details on the taxpayer of the third member state and agreement (contract), concluded with the taxpayer of the third member state on purchase of imported goods:

      number that identifies a person as a taxpayer of the member state;

      full name of the taxpayer (organization (individual entrepreneur) of the member state;

      location (place of residence) of the taxpayer of the member state;

      number and date of agreement (contract);

      number and date of specification.

      In the case if the taxpayer of the member state, from which the goods are purchased, is not the owner of goods sold (is a commissioner, attorney or agent), the details, specified in the second-sixth item of this paragraph shall be also presented in relation of the owner of goods sold.

      In the case of presentation of information statement in foreign language, it is compulsory to have a translation it into Russian language.

      Information statement shall not be presented in the case, if details, provided by this subparagraph are contained in the agreement (contract), specified in subparagraph 5 of this paragraph;

      7) agreements (contracts) of commission, orders or agency agreement (contract) (in the cases of their conclusion);

      8) agreements (contracts), on the basis of which the goods are purchased, imported to the territory of the member state from the territory of another member state, by agreements (contracts) of commission, order or on agency agreement (contract) (in the cases, provided by paragraphs 13.2 – 13.5 of this Minute, except for the cases, when the indirect taxes are paid by the commissioner, attorney or agent).

      The documents specified in subparagraphs 2-8 of this paragraph may be presented in the copies, certified in the manner established by the legislation of the member state, or in the electronic form in the manner established by the regulatory legal acts of the taxation bodies of the member states or other regulatory legal acts of the member states. The format of the specified documents shall be determined by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states.

      The taxpayer shall present the documents, provided by subparagraphs 1-8 of this paragraph to the taxation body by the lease agreement (contract) upon the first payment of VAT. In the future, the taxpayer shall present the documents (their copies), provided by subparagraphs 1 and 2 of this paragraph to the taxation body together with tax declaration.

      The documents specified in this paragraph, except for the application and information statement shall not be presented to the taxation body, if their non-presentation together with the tax declaration follows from the legislation of the member state, to the territory of which the goods are imported.

      21. Refined (instead of the previously submitted) application shall be presented both in hard copy (in quadruplicate) and in the electronic form, or in the electronic form with electronic (digital) signature of the taxpayer.

      The documents, provided by subparagraphs 2-8 of paragraph 20 of this Minute shall be presented together with the refined (instead of the previously submitted) application, if they are not previously presented to the taxation body.

      If presentation of refined (instead of the previously submitted) application does not entail making amendments to the previously presented tax declaration, the taxpayer shall not present the refined (additional) tax declaration, unless otherwise established by the legislation of the member state. Presentation of such refined application shall not entail recovery of the amounts of VAT, paid upon import of goods, previously accepted to deduction.

      Refined (instead of the previously submitted) application shall not be presented in the cases, established by the legislation of the member state.

      22. In the cases of non-payment, incomplete payment of indirect taxes on imported goods, payment of such taxes at a later date in comparison with the established paragraph 19 of this Minute, as well as in the cases of revelation of facts of non-presentation of tax declarations, presentation them with violation of the term, established by paragraph 20 of this Minute, or in the cases of inconsistency of data, specified in the tax declarations to the data, received within the exchange of information between the taxation bodies of the member states, the taxation body shall collect the indirect taxes and fines in the manner and amount, established by the legislation of the member state, to the territory of which the goods are imported, as well as shall apply the methods of ensuring of execution of obligations on payment of indirect taxes, fines and penalties, established by the legislation of this member state.

      23. Upon return of imported goods in the month of their record, the reflection of operations on import of these goods in the tax declaration shall not be made, if return of goods is carried out by the reason of inadequate quality and (or) equipment.

      Return of goods by the reason of inadequate quality and (or) equipment shall be approved by the claim, coordinated by participants of agreement (contract), as well as the documents, corresponding to further performance of operations with such goods. Such documents may include the acts of acceptance-transfer of goods (in the case of absence of transportation of returned goods), transport (transportation) documents (in the case of transportation of returned documents), acts of destruction or other documents. In the case of partial return of such goods, the specified documents (their copies) shall be presented to the taxation body together with the documents, provided by paragraphs 20 of this Minute.

      Upon return of imported goods on the specified reason, upon expire of the months, in which the goods are recorded, the taxpayer shall present the relevant refined (additional) tax declaration and documents (their copies), specified in the second item of this paragraph to the taxation body.

      The documents, specified in the second item of this paragraph may be presented in the electronic form in the manner established by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states. The format of specified documents shall be determined by the taxation bodies of the member states or other regulatory legal acts of the member states.

      In the case of partial return of goods by the reason of inadequate quality and (or) equipment, the refined (instead of the previously submitted) application shall be presented without reporting details on partially returned goods to the taxation body. The specified application shall be presented or in hard copy (in quadruplicate) and in electronic form, or in the electronic form with electronic (digital) signature of the taxpayer.

      In the case of full return of all goods, the details of which were reflected in the previously presented application, by the reason of inadequate quality and (or) equipment, the refined (instead of the previously submitted) application shall not be presented to the taxation body. The taxpayer shall inform the taxation body on the requisites of previously submitted application, in which the details on fully returned goods were reflected, on the form and according to the procedure, which are established by the regulatory legal acts of the taxation bodies of the member states or other regulatory legal acts of the member states.

      Upon partial or full return of goods by the reason of inadequate quality and (or) equipment, the recovery of amounts of VAT, previously paid upon import of these goods and taken to a deduction shall be made in the tax period, in which the return of goods are made, unless otherwise provided by the legislation of the member state.

      24. By increasing the cost of imported goods in the case of increase of their price upon expire of month, in which the goods were recorded by the taxpayer, the tax basis for the purposes of payment of VAT shall be increased by the difference between the changed and previous value of imported goods. Payment of VAT and presentation of the tax declaration shall be made not later than 20th of the month, following for the month, in which the participants of agreement (contract) changed the price of imported goods.

      The difference between the changed and previous value of purchased imported goods are reflected in the tax declaration, together with which the taxpayer presents to the taxation body:

      an application (with reflection of the difference between the changed and previous value) in hard copy (in quadruplicate) and in electronic form, or in electronic form with the electronic (digital) signature of the taxpayer;

      an agreement (contract) or other document, provided by participants of agreement (contract), which approves the increase of the price of imported goods, the corrective invoice (in the case if its submission (creation) is provided by the legislation of the member state). The specified documents may be presented in the copies, certified in the manner established by the legislation of the member state, or in the electronic form in the manner, established by the regulatory legal acts of the taxation bodies of the member states or other regulatory legal acts of the member states. The format of the specified documents shall be determined by the regulatory legal acts of taxation bodies of the member states or other regulatory legal acts of the member states.

      25. In the case of the use of goods, the import of which to the territory of the member state in accordance with its legislation is carried out without payment of indirect taxes, in other purposes, than those, in connection of which the exemption or other procedure of payment is provided, import of such goods shall subject to imposition of indirect taxes in the manner established by this section.

      26. The amounts of indirect taxes paid (offset) on goods, imported to the territory of one member state from the territory of another member state shall subject to deductions (set off) in the manner provided by the legislation of the member state to the territory of which the goods are imported.

      27. Collection of excises on goods, subjected to marking of excise marks (accounting and control marks, signs) shall be carried out by the customs bodies of the member state, unless otherwise provided by the legislation of the member state.

IV. Procedure of collection of indirect taxes upon execution
of works of rendering of services

      28. Collection of indirect taxes upon execution of works, rendering of services shall be carried out in the member state, the territory of which is recognized the place of implementation of works, services (except for the works, specified in paragraph 31 of this Minute).

      Upon execution of works, rendering of services, the tax basis, the rates of indirect taxes, procedure of their collection and tax benefits (exemption from taxation) shall be determined in accordance with the legislation of the member state, the territory of which is recognized the place of implementation of works, services, unless otherwise established by this section.

      29. The place of implementation of works, services shall be recognized the territory of the member state, if:

      1) the works, services are directly related to immovable property that are in the territory of this Member State.

      Provisions of this subparagraph shall be also applied in relation of services on the rent, loan and provision for use on other grounds of immovable property;

      2) the works, services are directly related to immovable property, transport vehicles that are in the territory of this member state;

      3) services in the scope of culture, art, training (education), physical culture, tourism, leisure and sport, rendered in the territory of this member state;

      4) the taxpayer of this member state acquires:

      consulting, legal, accounting, auditing, engineering, advertising, design, marketing services, information processing services, as well as scientific research, development and technological development (technology) works;

      the works, services on development of programs for ECM and databases (software and information products of computing technique), their adaptations and modifications, maintenance of these programs and databases;

      services for the provision of personnel in the case, if the personnel works in the place of activity of buyer.

      Provisions of this subparagraph shall be also applied upon:

      transfer, provision, cession of patents, licenses, other documents, certifying the rights for the subjects of industrial property, protected by the state, trade labels, trademarks, firm names, service marks, copyrights, allied rights or other similar rights;

      rent, leasing and provision for the use on other grounds of immovable property, except for the rent, leasing and provision for the use on other grounds of transport vehicles;

      rendering of services by a person, engaged on its behalf for the main participant of agreement (contract) or on behalf of the main participant of agreement (contract) another person for implementation of works, services, provided by this subparagraph;

      5) the works are executed, services are rendered by the taxpayer of this member state, unless otherwise provided by subparagraph 1-4 of this paragraph.

      Provisions of this subparagraph shall be applied also upon rent, leasing and provision for the use on other grounds of transport vehicles.

      30. The documents, approving the place of implementation of works, services are:

      an agreement (contract) for execution of works, rendering of services, concluded by the taxpayers of the member states;

      the documents, approving the fact of execution of works, rendering of services;

      other documents, provided by the legislation of the member states.

      31. Procedure of collection of VAT and ensuring control of its payment shall be carried out in accordance with section II of this Minute upon implementation of works on processing of give and take raw materials, imported to the territory of one member state from the territory of another member state with the following export of products of processing to the territory of another member state, unless otherwise established by this section. Upon that the tax base on VAT shall be determined as the value of executed works on processing of give and take raw materials.

      32. For approval of validity of application of the zero rate of VAT upon implementation of works, specified in paragraph 31 of this Minute, the following documents (their copies) shall be presented in hard copy to the taxation body together with the tax declaration:

      1) an agreement (contract), concluded between the taxpayer of the member states;

      2) the documents, approving the fact of execution of works;

      3) the documents, approving the export (import) of goods, specified in paragraph 31 of this Minute;

      4) an application (in hard copy in the original or copy at discretion of the taxation bodies of the member states) or the list of application (in hard copy or in a n electronic form with electronic (digital) signature of the taxpayer).

      The list shall be presented in the manner, established by subparagraph 3 of paragraph 4 of this Minute.

      In the case of export of products of processing of give and take raw materials outside the Union, the application (a list of applications) shall not be presented to the taxation body.

      In the case of export of products of processing of give and take raw materials from the territory of one member state to the territory of another member state and placement them under the customs procedure of free customs zone or free warehouse in the territory of another member state, a copy of the tax declaration, certified by the customs body of another member state, in accordance with which such goods are transferred under the customs procedure of free customs zone or free warehouse shall be presented to the taxation body of the first member state instead of the application (a list of applications);

      5) customs declaration, approving the import of products of processing of give and take raw materials outside the Union;

      6) other documents, provided by the legislation of the member state.

      The documents, provided by subparagraphs 1, 2, 3, 5, 6, by the fourth item of subparagraph 4 of this paragraph may be presented in an electronic form in the manner, established by the regulatory legal acts of the taxation bodies of the member states or other regulatory legal acts of the member states. The format of the specified documents shall be determined by the taxation bodies of the member states or other regulatory legal acts of the member states.

      The documents, provided by this paragraph, except for the application (list of applications) shall not be presented to the taxation body, if the non-presentation of documents, approving the validity of application of the zero rate of VAT, follows from the legislation of the member state, in the territory of which the processing is carried out together with the tax declaration.

      33. In the case if the separate types of works, services, the procedure of taxation of which is regulated by this section, are executed, rendered by the taxpayer, and implementation of certain works, services has the auxiliary character in relation of implementation of other works, services, the place of implementation of auxiliary works and services shall be the place of implementation of basic works, services.

  ANNEX No.19
  to Agreement
  on Eurasian Economic Union

Minute
on general principles and rules of competition
I. General provisions

      1. This Minute is developed in accordance with section XVIII of Agreement on Eurasian economic Union (hereinafter – Agreement) and determines the features of its application, fine sanctions for violation of general rules of competition in the trans-border market in the territories of two and more member states (hereinafter – trans-border market), the procedure of carrying out of control of observance of general rules of competition in the trans-border markets by the Commission (including interaction with the authorized bodies of the member states), interaction of the authorized bodies of the member states between each other upon carrying out of control of observance of competitive (antimonopoly) legislation, as well as introduction of the state price regulation and challenge the decisions of the member states on its introduction.

      2. The concepts used in this Minute, as well as for the purposes of section XVIII of Agreement shall have the following meanings:

      1) “vertical agreement” – an agreement between the economic entities (market entities), one of which purchases the goods and is a potential purchaser, and another provides the goods or is a potential seller;

      2) “substitutional goods” – the goods that may be compared by their functional purpose, application, quality and technical characteristics, price and other parameters so that the purchaser actually substitutes or is ready to substitute one product to others while consumption (as well as upon consumption for the production purposes);

      3) “state price regulation” – establishment of prices (tariffs), surcharges to prices (tariffs), maximum or minimum prices (tariffs), maximum or minimum surcharges to prices (tariffs) by the bodies of the state power and bodies of local self-government of the member states in the manner established by the legislation of the member states;

      4) “state or municipal preferences” – provision of advantage, which provides them more favorable conditions of activity, by transfer of the state or municipal property, other objects of civil rights or by provision of property benefits, state or municipal guarantees by the executive bodies, bodies of local self-government of the member states, other bodies or organizations, exercising the functions of the specified bodies to the separate economic entities (market entities);

      5) “group of persons” – a set of individuals and (or) legal entities, corresponding to one or separate from the following characteristics:

      economic society (partnership, economic partnership) and individual or legal entity, if such individual or legal entity has more than 50 percent from the total number of votes, corresponding to the voting stocks (shares) in the charter (reserve) capital of this economic society (partnership, economic partnership) by virtues of its participation in this economic society (partnership, economic partnership) or in accordance with powers, received, as well as on the basis of written agreement from other persons;

      economic entity (market entity) and individual or legal entity, if such individual or legal entity exercises the functions of individual executive body of this economic entity (market entity);

      economic entity (market entity) and individual or legal entity, if such individual or legal entity shall have a right to give the compulsory instructions to the economic entity (market entity) on the basis of constituent documents of this economic entity (market entity) or contract (agreement), concluded with this economic entity (market entity);

      economic entity (market entities), in which more than 50 percent of the number of members of the collegial executive body and (or) the board of directors (supervisory council, foundation council) composes the same individuals;

      an individual, his (her) spouse, parents (including adoptive parents), children (including adoptive persons), brothers and sisters;

      the persons, each of them on any of the grounds, specified in the second-sixth items of this subparagraph included in the group with the same person, as well as other persons, included with any of these persons in the group on any of the grounds, specified in the second – sixth items of this paragraph;

      economic society (partnership, economic partnership), individuals and (or) legal entities, which on any of the characteristics, specified in the second-seventh items of this subparagraph included to the one group of persons, if such persons have more than 50 percent from the total number of votes, corresponding to the voting stocks (shares) in the charter (reserve) capital of this economic society (partnership, economic partnership) by virtue of its joint participation in this economic society (partnership, economic partnership) or in accordance with powers, received from other persons.

      Group of persons shall be considered as the unified economic entity (market entity), and provisions of section XVIII of Agreement and this Minute, relating to the economic entities (market entities) shall be distributed to the group of persons, except for the cases, provided by this Minute.

      The definition of concept “group of persons” may be specified, as well as in a part of amounts of disposal (participation) of stocks (shares) of one person in the charter (reserve) capital of another person, upon that such disposal (participation) is recognized as a group of persons in the legislation of the member states for the purposes of implementation of competitive (antimonopoly) policy in the territories of the member states;

      6) “discriminatory conditions” – conditions of access to the trade market, conditions of production, exchange, consumption, purchase, sale, other transfer of goods, upon which the economic entity (market entity) or several economic entities (market entities) are placed at unequal position in comparison with other economic entity (market entity) or other economic entities (market entities) in recognition of conditions, restriction and features, provided by Agreement and (or) other international treaties of the member states;

      7) “dominant position” – position of an economic entity (market entity) (group of persons) or several economic entities (market entities) (groups of persons) in the market of certain goods, offering to such economic entity (market entity) (group of persons) or such economic entities (market entities) (groups of persons) possibility to have a decisive influence on the general conditions of circulation of goods on the relevant trade market and (or) remove from this trade market other economic entities (market entities), and (or) impede access to this trade market to other economic entities (market entities);

      8) “competition” – competitiveness of economic entities (market entities), upon which the possibility of each of them to influence on the general conditions of circulation of goods in the relevant trade market on a unilateral basis is excluded or limited by the separate actions of each of them;

      9) "confidential information" means all types of information to which access is restricted in compliance with the laws and regulations of the Member States, with the exception of information classified as a state secret (state secrets) in obedience to the laws and regulations of the Member States);

      10) “coordination of economic activity” – coordination of actions of economic entities (market entities) by third person, not included to the same group of persons with any of these economic entities (market entities) and do not carry out activity on the trade market (trade markets) on which the coordination of actions of economic entities (market entities) are carried out;

      11) “indirect control” – the possibility of legal entity or individual to determine decisions, adopted by a legal entity, through the legal entity or several legal entities, between which there is an indirect control;

      12) “monopolistically high price” – a price, established by the economic entity (market entity), holding a dominant position, if this price exceeds the amount of expenses and profits, necessary for production and sale of such goods and price, which is formed in the conditions of competition in the market entity, comparable in composition of buyers or sellers of goods, to the conditions of circulation of goods, conditions of access to the market entity, state regulation, including taxation, customs and tariff regulation (hereinafter - comparable trade market), in the existence of such market in the territory of the Union or outside. Monopolistically high price, established by the entity of natural monopoly may not be recognized within the tariff to such goods, determined in accordance with the legislation of the member states;

      13) “monopolistically low price” – a price, established by the economic entity (market entity), holding a dominant position, if this price is lower than the amount of expenses and profits, actual and necessary for the production and sale of such goods and lower than the price, which is formed in the conditions of competition in the comparable trade market, in the existence of such market in the territory of the Union and outside;

      14) “unfair competition” – any actions of economic entity (market entity) (group of persons) or several economic entities (market entities) (groups of persons), directed at acquisition of benefits in the entrepreneurial activity, which contradict to the legislation of the member states, usual and customary business practices, requirements of honesty, reasonableness and fairness and caused or may cause a damage to other economic entities (market entities) - competitors or inflicted or may inflict harm to their business reputation;

      15) “signs of restriction of competition” – reduction in the number of economic entities (market entities), not included to the one of group of persons, in the market entity, increase or decrease in the price of goods, not related with relevant changes of other general conditions of circulation of goods in the market entity, refusal of economic entities (market entities), not included to the one group of persons, from independent actions in the trade market, determination of general conditions of circulation of goods in the trade market by agreement between the economic entities (market entities) or in accordance with instructions of other person, compulsory for implementation by them or in the result of coordination of their actions in the trade market by the economic entities (market entities), not included to the one group of persons, as well as other circumstances, making the possibility for the economic entity (market entity) or several economic entities (market entities) to influence on the general conditions of circulation of goods in the trade market in accordance with unilateral procedure;

      16) “direct control” – the possibility of a legal entity or individual to determine the decisions, adopted by a legal entity, by one or several following actions:

      exercise functions of its executive body;

      obtainment of a right to determine the conditions of maintenance of entrepreneurial activity of legal entity;

      disposal of more than 50 percent of the total number of votes, corresponding to the stocks (shares), composing the charter (reserve) capital of a legal entity;

      17) “agreement” – an agreement in written form, contained in the document of several documents, as well as the agreement in oral form;

      18) “goods” – the object of civil rights (as well as the work, service, including financial service), intended for the sale, exchange or other introduction into circulation;

      19) “trade market” – the scope of circulation of goods, which may not be replaced by another goods, or substitutional goods, in the borders of which (as well as geographic), based on the economic, technical or other possibility or advisability, the acquirer may purchase the goods, and such possibility or advisability is absent beyond;

      20) “economic entity (market entity)” – commercial organization, noncommercial organization, carrying out activity, bringing profits to it, individual entrepreneur, as well as individual, whose professional activity, bringing profits in accordance with the legislation of the member states, subjects to the state registration and (or) licensing;

      21) “economic concentration” – transactions, other actions, carrying out of which have or may have influence on the state of competition.

      Footnote. Paragraph 2 as amended by Law of the RK No. 6-VII of 15.02.2021.

      3. A dominant position of the economic entity (market entity) shall be established based on the analysis of the following circumstances:

      1) a share of economic entity (market entity) and its correlation with shares of competitors and buyers;

      2) the possibility of economic entity (market entity) to determine the level of price of goods and have a decisive influence on the general conditions of circulation of goods on the relevant trade market in accordance with unilateral procedure;

      3) existence of economic, technological, administrative or other restrictions for the access to the trade market;

      4) during the existence of possibility of economic entity (market entity) to have a decisive influence on the general conditions of circulation of goods in the trade market.

      4. The dominant position of a business entity (market participant) on a cross-border market shall be established by the Commission in compliance with the methodology for assessing the state of competition on a cross-border market approved by the Commission.

      A dominant position of the economic entity (market entity) in the trans-border market shall be established by Commission in accordance with the assessment methodology of the state of competition in the trans-border market, approved by Commission.

      Footnote. Paragraph 4 as amended by Law of the RK No. 6-VII of 15.02.2021.

II. The admissibility of agreements and withdrawal

      5. Agreements, provided by paragraphs 4 and 5 of Article 76 of Agreement, as well as agreements of economic entities (market entities) on the joint activity, which may lead to the circumstances, specified in paragraph 3 of Article 76 of Agreement may be recognized as valid, if they do not impose the restrictions, that are not necessary for achievement of purposes of these agreements on the economic entities (market entities), and do not create the possibility for elimination of competition in the relevant trade market and if the economic entities (market entities) prove, that such agreements result or may result in:

      1) improvement in production (sale) of goods or promotion of technical (economic) progress or improving the competitiveness of goods of production of the member states in the world trade market;

      2) getting of proportionate part of the benefits (profits) by the consumers, that are acquired by the persons from commission of such actions.

      6. It is allowed the “vertical” agreements”, if:

      1) such agreements are the contracts of commercial concession;

      2) a share of the economic entity (market entity), that is a participant of such agreement, in the trade market of goods, that are the subject of “vertical” agreement does not exceed 20 percent.

      7. Provisions of paragraphs 3-6 of Article 76 of Agreement shall not be distributed to the agreements between the economic entities (market entities), included to the one group of persons, if the direct or indirect control is established by one of these economic entities (market entities) in relation of another economic entity (market entity) or if such economic entities (market entities) are under the direct or indirect control of one person, except for the agreements between the economic entities (market entities), carrying out the types of activity, the simultaneous execution of which is not allowed by one of the economic entity (market entity) in accordance with the legislation of the member states.

III. Control of observance of general rules of competition

      8. Restraint of violations by the economic entities (market entities), as well as individuals and non-commercial organizations of the member states, that are not the economic entities (market entities), general rules of competition, established by Article 76 of Agreement shall be carried out by the authorized bodies of the member states, in the territories of the member states.

      9. Restraint of violations by the economic entities (market entities) of the member states, as well as individuals and non-commercial organizations of the member states, that are not the economic entities (market entities), general rules of competition, established by Article 76 of Agreement shall be carried out by Commission, if such violations have or may have a negative impact on competition in the trans-border markets, except for the violations, having a negative impact on competition in the trans-border financial markets, restraint of which is carried out in accordance with the legislation of the member states.

      10. The Commission shall:

      1) examine applications (materials) alleging a breach of the general rules of competition as set out in Article 76 of the Treaty which has or may have an adverse impact on competition on cross-border markets (hereinafter: examination of the application);

      2) investigate violations of the general rules of competition in cross-border markets (hereinafter "investigation");

      3) initiate and examine cases regarding breaches of the general rules of competition set out in Article 76 of the Treaty, which have or may have an adverse impact on competition on cross-border markets (hereinafter referred to as case examination), based on applications of authorised Member State authorities, Member States' economic entities (market entities), Member States' authorities, natural persons or on their own initiative;

      4) issue determinations, warnings against actions that may lead to a violation of the general rules of competition on cross-border markets (hereinafter - the warning), as well as making decisions binding on economic entities (market participants) of the member states, including on:

      impose penalties on economic entities (market entities) of the Member States in the cases provided for in Section XVIII of the Treaty and this Minute;

      take action to stop breaches of the general rules of competition, to eliminate the consequences of breaches, and to ensure competition;

      to avoid acts that may constitute an obstacle to competition and/or may restrict or eliminate competition in the cross-border market and violate the general rules of competition in the cases provided for in Section XVIII of the Treaty and this Minute;

      5) issue warnings to business entities (market entities), as well as to natural persons and non-profit organisations of the Member States which are not business entities (market entities), on the need to cease actions (omissions) which contain indications of violation of general rules of competition and (or) to eliminate causes and conditions contributing to such violation, and on taking measures to eliminate consequences of such actions (omissions) (hereinafter - the warning);

      6) hold (if necessary) consultations involving representatives of the competent authorities of the Member States and with the possibility of involving other persons;

      7) request and receive information from public authorities, local authorities, other bodies and organisations of member states performing their functions, legal entities and natural persons, including confidential information necessary for the exercise of powers of control over compliance with the general rules of competition on cross-border markets;

      8) submit annually to the Intergovernmental Council an annual report on the state of competition in cross-border markets and measures taken to remedy infringements of the general rules of competition in those markets, and post the approved report on the official website of the Union on the Internet;

      9) post the decisions on cases of infringement of the general competition rules on the Union's official website;

      10) other powers necessary for the implementation of the provisions of Section XVIII of the Treaty and of this Minute.

      Footnote. Paragraph 10 as reworded by Law of the RK No. 6-VII dated 15.02.2021.

      11. The procedure for considering the application, the procedure for investigation, the procedure for examination of the case as well as the procedure for issuing a warning shall be approved by the Commission. The results of the competition analysis conducted by the Commission for the purposes of the examination of the case shall be included in the Commission's decision following the examination of the case, except for confidential information.

      Also, for the purposes of exercising the powers on control of observance of general rules of competition in the trans-border markets, necessary for implementation of provisions of section XVIII of Agreement and this Minute, the Commission shall approve:

      the assessment method of the state of competition;

      method of determination of monopolistically high (low) prices;

      calculation method and procedure for the imposition of fines;

      features of application of general rules of competition in the different branches of economy (if it is necessary);

      procedure of interaction (as well as informational) of Commission and authorized bodies of the member states;

      procedures for reporting on the state of competition in cross-border markets and measures taken to remedy infringements of the general rules of competition in these markets;

      the procedure for exemption from liability upon a voluntary declaration that an economic operator (market participant) has entered into an agreement not permissible under paragraphs 3-5 of Article 76 of the Treaty, as well as participation therein.

      Footnote. Paragraph 11 as amended by Law of the RK No. 6-VII of 15.02.2021.

      12. The relevant structural unit of the Commission (hereinafter referred to as the authorised structural unit of the Commission) shall ensure that applications, investigations, case files on violations of the general rules on competition in cross-border markets, as set out in Article 76 of the Treaty, and warnings are dealt with and warnings issued.

      Footnote. Paragraph 12 as reworded by Law of the RK No. 6-VII dated 15.02.2021.

      13. When considering an application, conducting an investigation, examining a case, considering issuing a warning, the authorised structural unit of the Commission shall request the necessary information from public authorities, local authorities, other bodies or organisations of the Member States, legal entities and natural persons exercising their functions.

      Economic entities (market entities), noncommercial organizations, bodies of the state power, bodies of local self-government, other bodies or organizations (their civil servants), individuals, exercising their functions shall be obliged to present information, documents, details, explanations to the Commission at their request in the established terms, necessary for Commission in accordance with powers, imposed on it.

      Footnote. Paragraph 13 as amended by Law of the RK No. 6-VII of 15.02.2021.

      131 As part of the examination of an application, except as provided for in paragraph 132 of this Minute, for the purpose of suppressing acts that result or may result in the prevention, restriction or elimination of competition on cross-border markets, the member of the Commission Collegium responsible for competition and antitrust regulation shall issue a warning to an economic operator (market participant), as well as to natural persons and non-profit organisations of the Member States which are not economic operators (market participants).

      The procedure for preparing, issuing, dispatching and extending a warning shall be determined by the procedure for dealing with applications.

      Footnote. The Protocol as supplemented by paragraph 131 in compliance with Law No. 6-VII of 15.02.2021 of the Republic of Kazakhstan.

      132 A warning shall not be issued in one of the following cases:

      1) identification of agreements between economic operators (market entities) of the Member States prohibited under Article 76 of the Treaty;

      2) identification of signs of abuse of a dominant position of a business entity (market participant) in terms of establishing, maintaining a monopolistically high or monopolistically low price of goods;

      3) identification of indications in the actions (omissions) of a business entity (market participant) of a violation of the general rules of competition for which a warning has been issued or a decision has been taken on the outcome of a case in the previous 24 months.

      Footnote. The Protocol as supplemented by paragraph 132 in compliance with Law of the RK No. 6-VII of 15.02.2021.

      133 A warning shall be subject to compulsory review by the person to whom it is issued within the period specified in the warning.

      The person to whom the warning has been issued shall notify the Commission of the implementation of the warning within 3 working days from the end of the period set for its implementation (the notification must be accompanied by supporting material).

      Upon the reasoned request of the person to whom a warning has been issued and if there are reasonable grounds to believe that the warning cannot be fulfilled within the specified period, the specified period may be extended by the member of the Board of the Commission responsible for competition and antitrust regulation issues.

      Provided the warning is complied with within the prescribed time limit, no investigation shall be carried out and the person who complies with the warning shall not be liable to a fine for breaching the general competition rules.

      If the warning is not complied with within the prescribed time limit, the Commission shall adopt a ruling to conduct an investigation no later than 10 working days from the expiry of that time limit.

      Footnote. The Protocol as supplemented by paragraph 133 in conformity with Law of the RK No. 6-VII of 15.02.2021.

      134 In order to prevent violations of the general rules of competition, the member of the Collegium of the Commission responsible for competition and antitrust regulation shall issue a warning to an official of a business entity (market entity), as well as to natural persons.

      The ground for issuing a warning to an official of an economic operator (market participant), as well as to natural persons shall be a public statement by such persons on planned conduct in a cross-border market, if such conduct may lead to a violation of the general rules of competition and there are no grounds for a determination to initiate an investigation.

      Footnote. The Minute as supplemented by paragraph 134 in compliance with Law of the RK No. 6-VII of 15.02.2021.

      14. Decisions of Commission on imposition of fine, decisions of Commission, requiring the violator to commit the certain actions shall be the executive documents and shall subject to execution by the enforcement bodies of judicial acts, acts of other bodies and civil servants of the member state, in the territory of which the economic entity (market entity), noncommercial organization, that is not the economic entity (market entity) committed an offence, are registered or in the territory of which the individual, committed an offence permanently or temporary resides.

      Acts, actions (omission) of Commission in the scope of competition shall be contested in the Court of the Union in the manner provided by the Statute of the court of the Union (annex No.2 to Agreement) in recognition of provisions of this Minute.

      In the case of adoption of application on appeal of decision by the Court of the Union on the case on violation of general rules of competition in the trans-border markets to production, the validity of decision of Commission shall be suspended until the day of entering of decision of the Court of the Union into legal force.

      The Court of the Union shall adopt the application on appeal of decisions of Commission on the case on violation of general rules of competition in the trans-border markets for consideration without preliminary application of applicant to the Commission for regulation of the issue in the prejudicial procedure.

      15. Acts, actions (omission) of the authorized bodies of the member states shall be contested in the judicial bodies of the member states in accordance with procedural legislation of the member states.

IV. Fine sanctions for violation of general rules of
competition in the trans-border markets, imposed by Commission

      16. The Commission in accordance with the method of calculation and procedure of imposition of fines, approved by Commission shall impose the fines for violation of general rules of competition in the trans-border markets, provided by Article 76 of Agreement, as well as for non-presentation or late presentation of details (information) to the Commission at their request or for presentation of knowingly false details (information) to the Commission in the following amounts:

      1) unfair competition, inadmissible in accordance with paragraph 2 of Article 76 of Agreement entails imposition of fine on the civil servants and individual entrepreneurs in the amount from 20 000 to 110 000 Russian rubles, on the legal entities – in the amount from 100 000 to 1 000 000 Russian rubles;

      2) conclusion of agreement with economic entity (market entity), inadmissible in accordance with paragraphs 3-5 of Article 76 of Agreement, as well as participation in it entails imposition of fine on civil servants or individual entrepreneurs in the amount of 20 000 to 150 000 Russian rubles, on legal entities – in the amount from one hundredth to fifteen hundredth of the amount of revenues of the offender from selling goods (works, services), in the market of which the infraction is committed, or the amounts of expenses of offender for the purchase of goods (works, services), in the market of which the infraction is committed, but not more than one-fiftieth of the total amount of revenues of offender from selling goods (works, services) and not less than 100 000 Russian rubles, in the case if the amount of revenues of offender from selling goods (works, service), in the market of which the infraction is committed, exceeds 75 percent of the total amount of revenues of offender from selling of all goods (works, services), - in the amount of three thousandth to three hundredth of the amount of revenues of offender from selling goods (works, services), in the market of which the infraction is committed, or the amount of revenues of offender for the purchase of goods (works, services), in the market of which the infraction is committed, but not more than one fiftieth of the total amount of revenues of offender from selling of all goods (works, services) and not less than 100 000 Russian rubles;

      3) coordination of economic activity of economic entities (market entities), inadmissible in accordance with paragraph 6 of Article 76 of Agreement, entails imposition of fine on individuals in the amount of 20 000 to 75 000 Russian rubles, civil servants and individual entrepreneurs – in the amount of 20 000 to 150 000 Russian rubles, on legal entities – in the amount of 200 000 to 5 000 000 Russian rubles;

      4) commission of actions by the economic entity (market entity), holding a dominant position on the trade market, and recognized as abuse of a dominant position and inadmissible in accordance with paragraph 1 of article 76 of Agreement, entails imposition of fine on civil servants and individual entrepreneurs in the amount of 20 000 to 150 000 Russian rubles, on legal entities - in the amount from one hundredth to fifteen hundredth of the amount of revenues of the offender from selling goods (works, services), in the market of which the infraction is committed, or the amount of expenses of offender for the purchase of goods (works, services), in the market of which the infraction is committed, but not more than one-fiftieth of the total amount of revenues of offender from selling goods (works, services) and not less than 100 000 Russian rubles, in the case if the amount of revenues of offender from selling goods (works, service), in the market of which the infraction is committed, exceeds 75 percent of the total amount of revenues of offender from selling of all goods (works, services), - in the amount of three thousandth to three hundredth of the amount of revenues of offender from selling goods (works, services), in the market of which the infraction is committed, or the amount of revenues of offender for the purchase of goods (works, services), in the market of which the infraction is committed, but not more than one fiftieth of the total amount of revenues of offender from selling of all goods (works, services) and not less than 100 000 Russian rubles;

      5) nonpresentation or untimely presentation of details (information), provided by section XVIII of Agreement and this Minute to the Commission, as well as nonpresentation of details (information) at the request of Commission, as well as presentation of knowingly false details (information) to the Commission entails imposition of fine on individuals in the amount of 10 000 to 15 000 Russian rubles, on civil servants and individual entrepreneurs – in the amount of 10 000 to 60 000 Russian rubles, on legal entities – in the amount of 150 000 to 1 000 000 Russian rubles.

      Civil servant in this Minute shall be regarded as the heads and employees of economic entities (market entities), noncommercial organizations, not being the economic entities (market entities), exercising organizational and regulatory or administrative and economic functions, the heads of organizations, exercising the powers of individual executive bodies of economic entities (market entities), non-commercial organizations, not being the economic entities (market entities). The individuals, the professional income-generating activity of which subjects to the state registration and (or) licensing shall bear responsibility as civil servants in accordance with the legislation of the member states for the purposes of this Minute for violation of general rules of competition on the trans-border markets.

      17. The fines provided by subparagraphs 1-5 of paragraph 16 of this Minute shall be transferred to the budget of the member state, in the territory of which the legal entity committed an infraction is registered or in the territory of which the individual committed the infraction permanently or temporary resides.

      18. The fines provided by paragraph 16 of this Minute shall be paid to the economic entities (market entities), by individual or noncommercial organization, not being the economic entity (market entity), in the national currency of the member state, in the territory of which the economic entity (market entity), noncommercial organization are registered, the individual, violated the general rules of competition, provided by this Minute, at the rate established by the national (central) bank of the specified member state on the day of adoption of decision on imposition of fine by the Commission permanently or temporary resides.

      19. A person (group of persons), voluntary reported to the Commission on conclusion of agreement by them, inadmissible in accordance with Article 76 of Agreement shall be released from responsibility for infractions, provided by subparagraph 2 of paragraph 16 of this Minute, in the performance of all of the following conditions:

      at the moment of application of person with the statement, the Commission has no details and documents on committed infraction;

      a person refused from participation or further participation in agreement, inadmissible in accordance with Article 76 of agreement;

      presented details and documents are sufficient to establish the circumstances of the infraction.

      Release from responsibility shall subject to person, who first performed all conditions, provided by this paragraph.

      20. An application, filed simultaneously on behalf of several persons, concluded an agreement, inadmissible in accordance with Article 76 of agreement shall not subject for consideration.

      21. The amounts of fines for violation of general rules of competition on the trans-border markets, established in this section may be changed by decision of the Supreme Council, except for the fines, imposed on the legal entities and calculated on the basis of amount of revenues of offender from selling goods (works, services) or amounts of revenues of offender for the purchase of goods (works, services), in the market of which the infraction is committed.

V. Interaction of the authorized bodies of the member states

      22. Interaction of the authorized bodies of the member states for the purposes of implementation of section XVIII of Agreement and this Minute shall be carried out within the enforcement activity by direction of notifications, requests on provision of information, requests and instructions on conducting of separate procedural actions, exchange of information, coordination of enforcement activity of the member states, as well as carrying out of enforcement activity at the request of one of the member states.

      The specified interaction shall be carried out by the central apparatus of the authorized bodies of the member states.

      23. An authorized body of the member state shall notify the authorized body of another member state in the case, if it becomes aware that its enforcement activities may affect the interests of another member state in the scope of protection of competition.

      24. The enforcement activity, which may affects the interests of another member state in the scope of protection of competition, in this Minute shall be regarded the activity of the authorized bodies of the member states:

      1) concerning the enforcement activity of another member state;

      2) relating to the anticompetitive actions (except for the transactions on consolidation or acquisition and commission of other actions), also carried out in the territory of another member state;

      3) relating to the transactions (other actions), in which one of the parties of transaction or person, controlled one or more parties of transaction or otherwise determining the conditions of maintenance by them of economic activity, is the person, registered or approved in accordance with the legislation of another member state;

      4) related with application of measures of forced effect, which requires carrying out or prohibits any actions in the territory of another member state within ensuring of observance of competitive (antimonopoly) legislation.

      25. Notifications on transactions (other actions) shall be directed:

      1) not later than the date of adoption of decision on extension of the term of consideration of transaction by the authorized body of the notified member state;

      2) in the cases, when decision on transaction is adopted without extension of the term of its consideration, - not later than the date of adoption of decision on transaction within a reasonable term, allowing to the notified member state to express its opinion on transaction;

      26. Notifications on issues, specified in subparagraphs 1, 2 and 4 of paragraph 24 of this Minute shall be directed to this member state on the stage of consideration of the case upon finding of circumstances, on which it is necessary to notify another member state, with observance of reasonable terms, permitting to the notified member state to express its opinion, but in any case before adoption of decision on the case or conclusion of the world agreement for the purposes of ensuring of possibility of taking into account of opinio of another member state.

      27. Notification shall be directed in written form and shall contain sufficient information to permit to the notified member state to conduct the preliminary analysis of consequences of enforcement activity of the notified member state, affecting the interests of the notified member state.

      28. The authorized bodies of the member states shall have a right to direct the requests on provision of information and documents, as well as instructions on conducting of separate procedural actions.

      29. The request on provision of information and documents, instruction on conducting of separate procedural actions shall be formed in written form on the form of the authorized body of a member state and shall contain:

      1) a number of relevant case (if available), on which the information is requested, detailed description of infraction and other facts relating to it, legal qualification of the act in accordance with the legislation of requested member state with the annex of the text of applied Law;

      2) names, patronymics and surnames of person, in relation of which the relevant cases are considered, of witnesses, their place of residence or residence, citizenship, place and the date of birth, for the legal entities – their name and location (if such information is available);

      3) the exact address of the recipient and the name of the served document - in order of service of the document;

      4) the list of details and actions, subjected for presentation or execution (to conduct the interrogation it is necessary to notify, which circumstances shall be clarified and refined, as well as notify the sequence and wording of questions, which shall be put to the respondent).

      30. A request on provision of information and documents, instruction on conducting of separate procedural actions may also contain:

      1) specification of the term of implementation of required measures;

      2) an application on conducting of measures, specified in the request in a particular order;

      3) an application on provision of possibility to the representatives of the authorized bodies of requested member state to present upon implementation of the measures, specified in the request, as well as if it does not contradict to the legislation of each of the member states, participate in their implementation;

      4) other applications, related with execution of the request, instruction.

      31. The request on provision of information and documents, instruction on conducting of separate procedural actions shall be signed by the head of requested authorized body of the member state or its assistant. The available copies of documents, the references of which are contained in the text of request and instruction, as well as other documents, necessary for the proper execution of the request, instruction shall be annexed to the specified request or instruction.

      32. The instructions on performance of expert examinations and other procedural actions, execution of which requires the additional expenses for the executive member state shall be directed on the preliminary coordination between the authorized bodies of the member states.

      33. Authorized bodies of the member states may direct the procedural documents by mail directly to the participants of relevant cases, being in the territory of another member state.

      34. Direction of repeated request on provision of information and documents, instruction on conducting of separate procedural actions, if it is necessary reception of additional details or clarification of information, received within the execution of previous request, instruction shall be allowed.

      35. Request on provision of information and documents, instruction on conducting of separate procedural actions shall be executed during 1 month from the date of their reception or in other term, early coordinated by the authorized bodies of the member states.

      If it is necessary to apply to other state body of the member state or economic entity (market entity) of the requested member state, the specified terms shall be increased at the time of execution of such application.

      36. Requested authorized body of the member state shall conduct the actions, specified in the request, instruction and respond to the questions raised. Requested authorized body of the member state shall have a right to conduct the actions that not provided by the specified request, instruction, and related with their execution on its own initiative.

      37. If it is found impossible to execute the request, instruction or impossible to execute them in the terms, specified in paragraph 35 of this Minute, requested authorized body of the member state shall inform the requested authorized body of the member state on impossibility of execution or estimated terms of execution of the specified request, instruction.

      38. The authorized bodies of the member states shall study the practice of execution of requests on provision of information and documents and instruction on conducting of separate procedural actions and inform each other on facts of their improper performance.

      39. The documents prepared or certified by the institution or special authorized body within their competence and bearing the official seal in the territory of one of the member states shall be accepted in the territories of other member states without any special certificate.

      40. The legal assistance in the cases of administrative infractions may be denied, if execution of request or instruction causes damage to the sovereignty, security, public order or other interests of requested member state or contradicts to its legislation.

      41. Each member state shall independently bear expenses, incurred in connection with execution of requests and instructions.

      In certain cases the authorized bodies of the member states may coordinate other procedure of execution of expenses.

      42. Authorized bodies of the member states upon execution of instructions on conducting of separate procedural and other actions shall carry out:

      1) interrogation of persons in relation of which an appropriate case is carried out, as well as witnesses;

      2) discovery of documents, necessary for proceedings;

      3) inspection of territories, premises, documents and subjects of the person in relation of whom the instruction is directed (except for the dwelling of such person);

      4) reception of information, necessary for proceedings or its consideration from the state bodies and persons;

      5) delivery of documents or their copies to the participants of an appropriate case;

      6) expert examination and other actions.

      43. Procedural and other actions on the appropriate cases shall be carried out in accordance with the legislation of the requested member state.

      44. In the case if it is required to render the special regulations of the authorized civil servants in accordance with the legislation of the requested member state for proceedings of separate procedural actions; their rendering is carried out on the place of execution of instruction.

      45. The separate procedural actions may be carried out in the presence or with participation of representatives of the authorized body of requested member state in accordance with the legislation of the requested member state in the territory of requested member state by coordination of the authorized bodies of the member states.

      46. Authorized bodies of the member states in recognition of requirements of its legislation shall exchange information:

      1) on the state of the trade markets, approaches and practical results of demonopolization within the structural economic conversion, methods and work experience on prevention, restriction and suppression of monopolistic activity and development of competition;

      2) on details, contained in the national registers of enterprises, holding a dominant position and providing the supply of products on the trade markets of the member states;

      3) on practice of consideration of the cases on violations of competitive (antimonopoly) legislation of the member states.

      47. Authorized bodies of the member states shall cooperate upon development of the national Laws and normative documents on competitive (antimonopoly) policy by provision of information and rendering of methodological assistance.

      48. Authorized body of the member state shall make available any information on anticompetitive actions, which it has, to the authorized body of another member state, if such information is related to the enforcement activity of the authorized body of another member state or may serve as a ground for such activity according to the authorized body of the guiding member state.

      49. Authorized body of the member state shall have a right to direct a request on provision of relevant information with statement of facts of case, for consideration of which the requested information is required, to the authorized body of another member state.

      Authorized body of the member state, receiving the request shall provide information available to it, to the requested authorized body of another member state, if such information is considered by it as relevant to the enforcement activity of requested authorized body of the member state or serving as a ground for such activity.

      Requested information is directed in the terms, coordinated by the authorized bodies of the member states, but not later than 60 calendar days from the date of reception of request.

      Received information shall be used only for the purposes of relevant request or consultation and shall not subject to disclosure or transfer to the third persons without the consent of the authorized body of the member state, transferred the specified information.

      50. In the case if the member state considers that the anticompetitive actions, carried out in the territory of another member state, adversely affect its interests, it may notify on that the member state, in the territory of which the anticompetitive actions are carried out, as well as apply to this member state with the request to initiate appropriate enforcement actions, related with suppression of relevant anticompetitive actions. The specified interaction shall be carried out through the authorized bodies of the member states.

      Notification shall contain information on nature of anticompetitive actions and possible consequences for the interests of the notifying member state, as well as proposal on provision of additional information and on other cooperation, which the notifying member state is competent to offer.

      51. Upon reception of notification in accordance with paragraph 50 of this Minute and after conducting of negotiations between the authorized bodies of the member states (if their conducting is necessary), the notifying member state shall decide on the need to commence the enforcement actions or expansion of previously initiated enforcement actions in relation of anticompetitive actions, specified in notification. Notifying member state shall inform the notifying member state on decision. Notifying member state shall inform the notifying member state on the results of relevant enforcement actions upon carrying out of enforcement actions in relation of anticompetitive actions, specified in the notification.

      Notifying member state is guided to its legislation upon solution of the issue on initiation of enforcement actions.

      Provisions of paragraphs 50 and 51 of this Minute shall not restrict the right of notifying member state to carry out the enforcement actions, provided by the legislation of this member state.

      52. In the case of mutual interest in carrying out of enforcement actions in relation of interrelated transactions (committed actions), the authorized bodies of the member states may agree on cooperation upon carrying out of enforcement actions. When deciding upon carrying out of enforcement actions, the authorized bodies of the member states shall take into account the following factors:

      1) the possibility of more effective use of material and information resources and (or) costs reduction, which the member state incur in the course of carrying out of enforcement activity, directed to the enforcement activity;

      2) the possibility of the member states in relation of reception of information, which is necessary for carrying out of enforcement activity;

      3) the expected result of this interaction – increasing the possibilities of interacting member states on achievement of objectives of their enforcement activity.

      53. The member state may restrict or terminate interaction within this Minute and carry out the enforcement actions irrespective of another member state in accordance with its legislation upon appropriate notification of another member state.

      54. The member states shall conduct the coordinated competitive policy in relation of actions of economic entities (market entities) of third countries, if such actions may have a negative effect on the state of competition on the trade markets of the member states, by application of regulations of the legislation of the member states to such economic entities (market entities) in the same way and in equal measure irrespective of organizational and legal form and place of their registration in equal conditions, as well as upon interaction in the manner established by this section.

      55. Information and documents, provided within interaction on issues, specified in paragraphs 22-53 of this Minute shall be confidential and may be used exclusively for the purposes, provided by this Minute. Use and transfer of information to the third parties for other purposes is possible only in written consent of the authorized body of the member state that is provided it.

      56. The member state shall ensure protection of information, documents and other details, as well as personal data, provided by the authorized body of another member state.

VI. Interaction of Commission and authorized bodies of
the member states upon carrying out of control of
observance of general rules of competition

      57. The interaction between the Commission and the notified bodies of the Member States shall take place when the notified bodies of the Member States submit allegations of infringement of the general rules of competition to the Commission, when the allegations are examined, when investigations are conducted, when cases are examined, and on other occasions.

      In the existence of mutual interest of the authorized bodies of the member states in the discussion of the most topical issues of law enforcement practice, exchange of information and problems of harmonization of the legislation of the member states, the Commission jointly with the authorized bodies of the member states shall conduct a meeting at the level of the heads of the authorized bodies of the member states and a member of the College of Commission, administering the issues of competition and antimonopoly regulation.

      Commission shall carry out interaction with the central apparatus of the authorized bodies of the member states.

      Footnote. Paragraph 57 as amended by Law of the RK No. 6-VII of 15.02.2021.

      58. Decision on submission of application on violation of general rules of competition for consideration of Commission shall be adopted by the authorized body of the member state at any stage of its consideration, carrying out in recognition of features, established by the legislation of the member state, submitting the application.

      Upon adoption of such decision, the authorized body of the member state shall direct the relevant written application to the Commission.

      The application shall contain:

      the name of the body, submitting the application;

      the name of the economic entity (market entity), the actions (omission) of which contain the signs of violation of general rules of competition;

      description of the actions (omission), containing the signs of violation of general rules of competition;

      the boundaries of the trade market, on which the signs of violation are identified;

      provisions of Article 76 of Agreement, which according to the authorized body of the member state are violated.

      The application is accompanied by the documents, in the course of consideration of which the signs of violation of general rules of competition and which are necessary according to the authorized body of the member state for consideration of application by the Commission are identified.

      Forwarding of the application by the Member State's authorised body to the Commission shall constitute grounds for suspending the examination of the application by the Member State's authorised body until the Commission decides whether to investigate or to refer the application (materials) to the Member State's authorised bodies, or to return the application.

      Authorized body of the member state shall notify the applicant on submission of its application to the Commission during 5 business days from the date of its direction to the Commission.

      The Commission shall notify the authorized bodies of the member states and applicant on adoption of the specified application for consideration in the term, not exceeding 5 business days from the date of reception of application on violation of general rules of competition in the trans-border markets.

      Footnote. Paragraph 58 as amended by Law of the RK No. 6-VII of 15.02.2021.

      59. A decision by the Commission to conduct an investigation or to refer the application (material) concerning a breach of the general rules of competition on cross-border markets to the competent authorities of the Member State shall constitute grounds for terminating the examination of the application by the competent authority of the Member State.

      Footnote. Paragraph 59 as amended by Law of the RK No. 6-VII of 15.02.2021.

      60. Decision on submission of application (materials) for consideration to the authorized body of the member state by the Commission shall be adopted at any stage of its consideration in the case, if the commission establishes that suppression of violation of general rules of competition is referred to the competence of the authorized body of the member state.

      In the case of adoption of such decision, the authorized structural subdivision of Commission shall prepare the relevant application to the authorized body of the member state, which is signed by the member of the College of Commission, administering the issues of competition and antimonopoly regulation.

      The application shall contain:

      the name of the economic entity (market entity), the actions (omission) of which contain the signs of violation of general rules of competition;

      description of the actions (omission), containing the signs of violation of general rules of competition;

      the boundaries of the trade market, on which the signs of violation are identified;

      The application is accompanied by the documents, in the course of consideration of which the signs of violation of general rules of competition and which are necessary according to the Commission for consideration of application by the authorized body of the member state are identified.

      Commission shall notify the applicant on submission of application to the authorized body of the member state during 5 business days from the date pf direction of application.

      61. If the information received upon request is insufficient to take a decision, when investigating and examining cases, the Commission shall be entitled to make a reasoned submission to the competent authorities of the Member States for the following proceedings:

      examination of persons, in relation of which the investigation is conducted or the relevant case is made, as well as witnesses;

      discovery of documents, necessary for conducting of investigation or proceedings on the case;

      inspection of territories, premises, documents and subjects of person, in relation of which the investigation is conducted or the case on violation of general rules of competition (except for the dwelling of such person) is considered;

      delivery of documents or their copies to the participants of relevant case;

      expert examination and other actions.

      Procedural actions that are conducted in the territory of the member state, where the offender, in relation of which the investigation is conducted by the Commission or the case on violation of general rules of competition is considered, is registered shall be carried out in the presence and (or) with participation of employees of the authorized structural subdivision of Commission, as well as representative of the authorized body of the member state, in the territory of which the violation is committed and (or) came the negative effect for competition.

      Upon conducting of procedural actions in the territory of the member state, in which the violation is committed and (or) came the negative effects for competition, there are the employees of the authorized structural subdivision of Commission and representative of the authorized body of the member state, in the territory of which the offender is registered.

      If it is found impossible to the employees of the authorized structural subdivision of Commission and (or) representative of the interest authorized body of the member state to present upon conducting of procedural actions, the authorized body of the member state, exercising a reasoned submission of Commission shall have a right to conduct such procedural actions independently upon condition of a written notification on impossibility of presence upon conducting of such actions, not later than 5 business days before commencement of their conducting.

      Footnote. Paragraph 61 as amended by Law of the RK No. 6-VII of 15.02.2021.

      62. The reasoned submission on conducting of separate procedural actions shall be formed in a written form and shall contain:

      1) a number of relevant case (in the existence), on which the information is requested, a detailed description of infraction and other facts referring to it, legal qualification of an act in accordance with Article 76 of Agreement;

      2) the names, patronymics and surnames of persons, in relation of which the relevant case is considered by the Commission or the investigation is conducted, witnesses, their place of residence or residence, citizenship, place and the date of birth, for the legal entities – their name and location (in the existence of such information);

      3) the exact address of the recipient and the name of the document to be served (if it is necessary to delivery of document);

      4) the list of details and actions, subjected to presentation or execution (for conducting of examination is necessary to notify, which circumstances shall be investigated and clarified, as well as specify the sequence and formulation of questions, which shall be raised to the respondent).

      63. The reasoned submission on conducting of the separate procedural actions may also contain:

      1) specification of the term of execution of required measures;

      2) an application on conducting of measures specified in the presentation in a certain order;

      3) names, patronymics and surnames of employees of the authorized structural subdivision of Commission, which will be present upon execution of measures, specified in presentation, as well as, if it does not contradict to the legislation of the requested member state to participate in their execution;

      4) other applications, related with execution of presentation.

      64. The reasoned submission on conducting of separate procedural actions shall be signed by the member of the College of Commission, administering the issues of competition and antimonopoly regulation. The specified reasoned submission shall be accompanied by the copies of documents, the references of which are contained in the text of submission, as well as other documents, necessary for its proper execution.

      65. The authorized body of the member state, exercising the reasoned submission of Commission shall conduct the procedural actions, listed in the reasoned submission of Commission, in accordance with the legislation of its member state and only in relation of persons, the location of which is the territory of executing member state.

      66. The reasoned submission on conducting of the expert examination and other procedural actions, execution of which requires the additional expenses for executing member state shall be executed after coordination by the Commission and authorized body of the member state, to the address of which the submission is directed, the issue of reimbursement of expenses.

      67. The reasoned submission on conducting of the separate procedural actions shall be executed during 1 month from the date of reception or in other term, pre-agreed by the Commission and authorized body of the member state, to the address of which it is directed.

      In the case of necessity of application to other state body of the member state or to the economic entity (market entity), executing member state, the specified terms shall be increased during execution of such application.

      68. An authorized body of executing member state shall conduct the actions, specified in the reasoned submission and answer to the questions raised, as well as shall have a right to conduct the actions, related with its execution, not provided by the specified submission.

      69. If it is found impossible to execute the reasoned submission or impossible to execute it in the terms, specified in paragraph 67 of this Minute, the authorized body of the member state shall inform the Commission on impossibility of execution of the specified submission or on estimated terms of its execution.

      70. It may be fully or partially refused in execution of the reasoned submission on conducting of the separate procedural actions only in the cases, if its execution causes damage to the sovereignty, security, public order of executing member state or contradicts to its legislation, on which the Commission is notified by the member state in written form. The College of Commission shall have a right to bring the question on legality of refusal of the authorized body of the member state from execution of the reasoned submission for consideration of the Council of Commission.

      71. The documents, prepared or certified by the institution or special authorized official within their competence and bearing the official seal in the territory of one of the member state, the reasoned submission of which is directed to the authorized body shall be accepted by the Commission without any special certification.

      72. Direction of re-reasoned submission on conducting of the separate procedural actions shall be allowed upon necessity of reception of additional details or clarification of information, received within execution of previous submission.

      73. If the reasoned submission on conducting of the separate procedural actions is directed within one case on violation of general rules of competition in the trans-border markets, to two or more authorized bodies of the member states, the employees of the authorized structural subdivision of Commission shall carry out coordination of interaction of the authorized bodies of the member states with Commission.

      74. In conducting investigations and examining cases, the Commission shall be entitled to send requests for information and documents to the competent authorities of the Member States.

      Footnote. Paragraph 74 as amended by Law of the RK No. 6-VII of 15.02.2021.

      75. The request on provision of information and documents shall be executed in a written form and shall contain:

      the purpose of the request;

      the number of relevant case (in the existence), on which the information is requested, the detailed description of infraction and other facts, relating to it, juridical legal qualification of an act in accordance with Article 76 of Agreement and this Minute;

      details on person, in relation of which the relevant case if considered (in the existence of such information):

      for individuals – surname, name, patronymic, place of residence or residence, citizenship, place and the date of birth;

      for legal entities – the name and location;

      the term, during of which the information shall be provided, but not less than 10 business date from the date of reception of request;

      the list of details, subjected to presentation.

      The request shall be accompanied by the copies of documents, the references of which are contained in the text of request, as well as other documents, necessary for the proper execution of request.

      76. Authorized body of the member state shall provide available information in the term, established in the request.

      77. If it is found to impossible to execute the request (if its execution causes damage to the sovereignty, security, public order of the member state or contradicts to its legislation), the requested authorized body of the member state shall inform on that the Commission in the term, not exceeding 10 business days from the date of reception of request, with specification of the reason of impossibility of provision of information, and in the case if information is not provided in the term established by the Commission shall specify the term, during of which it will be provided.

      78. Where the Commission, when carrying out investigations and examining cases, makes a request for information and documents to the Member State authorities, legal and/or natural persons of a Member State, the Commission shall simultaneously send a copy of such request to the competent authority of the Member State on the territory of which the requested authority exercises its powers, the legal person concerned is registered, or the natural person concerned is temporarily or permanently resident.

      Footnote. Paragraph 78 as amended by Law of the RK No. 6-VII of 15.02.2021.

      79. The repeated request on provision of information and documents may be directed to the authorized body of the member state if necessary to receive the additional details or clarification of information, received within execution of previous request.

      80. The work with documents, provided to the Commission by the authorized bodies of the member states and containing confidential information shall be carried out in accordance with international treaties within the Union.

VII. Introduction of the state price regulation for goods and
services in the territories of the member states

      81. Introduction of the state price regulation in the trade markets, not being in the state of natural monopoly by the member states shall be carried out in the exceptional cases, which also include the emergency situations, natural disasters, national security concerns, upon condition that arising problems are impossible to decide by the method, having a smaller negative impact for the state of competition.

      82. The member states may introduce the state price regulation for the separate types of socially important goods in the separate territories for a certain period in the manner provided by the legislation of the member states as a temporary measure.

      The total period of application of the state price regulation, provided by this paragraph on one type of socially important goods in the separate territory may not exceed 90 calendar days during 1 year. Extension of this term may be carried out by coordination with Commission.

      83. The member state shall inform the Commission and other member states on introduction of the state price regulation, provided by paragraphs 81 and 82 of this Minute in the term, not exceeding 7 calendar days from the date of adoption of relevant decision.

      84. Provisions of paragraphs 81-83 of this Minute shall not be applied to the state price regulation of all services, including the services of natural monopoly entities, as well as in the scope of the state procurement and trade interventions.

      85. Provisions of paragraphs 81-83 of this Minute beside of services, listed in paragraph 84 of this Minute shall not be applied to the cases of the state price regulation on the following goods:

      1) natural gas;

      2) liquefied gas for domestic needs;

      3) electric and heat energy;

      4) the strength of vodka, liquor and other alcoholic products is over 28 per cent (minimum price);

      5) ethyl alcohol from the food raw material (minimum price);

      6) solid propellant, furnace oil;

      7) products of nuclear energy cycle;

      8) kerosene for the domestic needs;

      9) petroleum products;

      10) medical products;

      11) tobacco products.

      86. In the case of reception of application of one of the member states on disagreement with the decision of another member state on introduction of the state price regulation by them, provided by paragraphs 81 and 82 of this Minute to the Commission, the Commission shall have a right to adopt a decision on the need of cancellation of the state price regulation in the case of existence of the grounds, provided by paragraph 87 of this Minute.

      87. The decision on the need of cancellation of the state price regulation shall be adopted by Commission, if this regulation leads or may lead to restriction of competition, including:

      creation of barriers to entry to the market;

      reduction of the number of economic entities (market entities), not including to the one group of persons in such market.

      Upon that the member state which challenges a decision on introduction of the state price regulation by other member state shall prove that the purposes of introduction of the state price regulation are possible to achieve by other method, having a less negative impact on the state of competition.

      Commission shall adopt a decision on existence or absence of the need of cancellation of the state price regulation in the term, not exceeding 2 months from the date of reception of application, provided by paragraph 86 of this Minute to the Commission.

      88. Commission shall consider an application of the member state on challenge the decision on introduction of the state price regulation by other member state in the manner established by it.

      89. Decision of Commission on the need of cancellation of the state price regulation, adopted on the basis of paragraph 87 of this Minute shall be directed to the body of the member state, adopted the decision on introduction of the state price regulation not later than the day, following the day of adoption of decision and shall be executed in accordance with the legislation of the member state, adopted the decision on introduction of the state price regulation.

      If the member state does not agree with decision of Commission on the need of cancellation of the state price regulation, the question shall be introduced for consideration of the Supreme Council. In this case the decision of Commission shall not subject to execution before its consideration by the Supreme Council.

  ANNEX No.20
  to Agreement on
  Eurasian Economic Union

MINUTE
on the unified principles and rules of regulation of
activity of the natural monopoly entities
I. General provisions

      1. This Minute is developed in accordance with Article 78 of Agreement on Eurasian Economic Union (hereinafter – Agreement) and directed to creation of legal basis for application of the unified principles and general rules of regulation of activity of the natural monopoly entities of the member states in the scopes, specified in the annex No.1 to this Minute.

      2. The concepts used in this Minute shall have the following meanings:

      “internal market” – a market of the member state, in which the services of the natural monopoly entities are circulated;

      “an access to the services of natural monopoly entities” – rendering of services, relating to the scope of natural monopolies by the natural monopoly entities to the consumers of another member state on the conditions not less favorable than those on which the similar service is provided to the consumers of the first member state in the existence of technical capability;

      “natural monopoly” – the state of the market services, upon which the creation of competitive conditions for satisfaction of demand for the certain types of services is impossible or economically inadvisable by virtue of technological features of production and provision of this type of services;

      “the legislation of the member states” – national legislation of each of the member states, relating the scope of natural monopolies;

      “national bodies of the member states” – bodies of the member state, carrying out the regulation and (or) control of activity of natural monopoly entities;

      “rendering of services” – provision of services, production (sale) of goods, being the object of civil circulation;

      “consumer” – a subject of the civil law (individual or legal entity), using or who uses or intends to use the services rendered by the natural monopoly entities;

      “natural monopoly entity” – an economic entity, rendering the services in the scopes of natural monopoly, established by the legislation of the member states;

      “the scope of natural monopolies” – the scope of circulation of service, legislatively referred to the natural monopoly, in which the consumer may acquire the services of the natural monopoly entities.

II. General principles of regulation of activity of the
natural monopoly entities

      3. The principles that guide the member states in the regulation and (or) control over the activity of natural monopoly entities in the scopes of natural monopolies, specified in Annex No.1 and 2 to this Minute shall be:

      1) observance of the balance of interests of consumers and natural monopoly entities of the member states, ensuring the accessibility of rendered services and appropriate level of their quality for consumers, effective functioning and development of the natural monopoly entities;

      2) improving the efficiency of regulation, directed to further reduction of scopes of the natural monopolies at the expense of creation of conditions for development of competition in these scopes;

      3) application of a flexible tariff (price) regulation of the natural monopoly entities in recognition of industry characteristics, the scopes of their activity, market situation, medium-term (long-term) macroeconomic and industry forecasts, as well as application of possibility of establishment of differentiated tariff, which may not be established on the basis of affiliation of the consumer (consumer groups) to any of the member states;

      4) introduction of regulation in the cases when on the basis of analysis of relevant internal market established that this market is in a state of natural monopoly;

      5) reduction of the barriers of an access for the internal markets, as well as by ensuring of the access to the services of the natural monopoly entities;

      6) application of procedures of regulation of activity of the natural monopoly entities, ensuring independence of adopted decisions, continuity, openness, objectivity and transparency;

      7) obligation of conclusion of agreements by the natural monopoly entities with consumers for the rendering of services, in relation of which the regulation is applied, in the existence of technical possibility, determined in accordance with the legislation of the member states, unless otherwise provided by provisions of section XX and XXI of Agreement;

      8) ensuring of observance of the rules of an access to the services of the natural monopoly entities by the natural monopoly entities;

      9) directivity of regulation to the concrete natural monopoly entity;

      10) ensuring of compliance of established tariffs (prices) with the quality of services in the scopes of natural monopolies, on which the regulation is distributed;

      11) protection of interests of consumers, as well as from the different violations by the natural monopoly entities, related with application of tariffs (prices) for the regulated services;

      12) creation of economic conditions, under which it is beneficial to the natural monopoly entities to reduce the charges, introduce new technologies, improve the efficiency of investments.

III. Types and method of regulation of activity of the
natural monopoly entities

      4. The member states shall apply the types (forms, means, methods, instruments) of regulation of activity of the natural monopoly entities of the member states on the basis of general principles and rules of regulation of the natural monopolies, established by this Minute.

      5. Upon carrying out of regulation of activity of the natural monopoly entities shall be applied the following types (forms, methods, means, instruments) of regulation:

      1) tariff (price) regulation;

      2) types of regulation, established by this Minute;

      3) other types of regulation, established by the legislation of the member states.

      6. Tariff (price) regulation of the services of the natural monopoly entities, including establishment of the cost of connection (joining) to the services of the natural monopoly entities may be carried out by:

      1) establishment (approval) of tariffs (prices) for the regulated services, as well as their limited levels by the national body for the natural monopoly entities on the basis of methodology (formula) and rules of its application, approved by the national body, as well as of the relevant control of application of the tariffs (prices) established by the natural monopoly entities, by the national body;

      2) establishment (approval) of methodology and rules of its application by the national body, in accordance with which the natural monopoly entity establishes and applies the tariffs (prices) as well as control by the national body of establishment and application of tariffs (prices) by the natural monopoly entities.

      7. The national bodies of the member states shall have a right to apply, including the following methods of tariff (price) regulation or their combination in accordance with the legislation of the member states upon carrying out of the tariff (price) regulation:

      1) a method of economically justified expenses;

      2) an indexing method;

      3) an income method of investment capital;

      4) a method of comparative analysis of the effectiveness of activity of the natural monopoly entities.

      8. Upon regulation of tariffs (prices) shall be considered:

      1) compensation of economically justified expenses, related with carrying out of regulated activity to the natural monopoly entities;

      2) receiving of economically reasonable profit;

      3) stimulation of the natural monopoly entities to reduction of expenses;

      4) formation of tariffs (prices) for the services of the natural monopoly entities in recognition of reliability and quality of rendered services.

      9. Upon establishment of tariffs (prices) may be considered:

      1) features of functioning of the natural monopolies in the territories of the member states, as well as features of the technical requirements and regulations;

      2) the state subsidies and other measures of the state support;

      3) market condition, as well as the level of prices on the unregulated market segments;

      4) the plans of development of territories;

      5) the state tax, budget, innovation, ecological and social policy;

      6) the measures for energy efficiency and environmental aspects.

      10. Upon regulation of tariffs (prices) for the services of the natural monopoly entity it is provided that the separate expenditure account, as well as investments, incomes, involved assets shall be carried out on types of regulated services of the natural monopoly entities upon formation of the expenses of the natural monopoly entity.

      11. Regulation of tariffs (prices) for the services of the natural monopoly entity may be carried out on the basis of the long-term regulation parameters, which also include the level of reliability and quality of regulated services, dynamic of the change of expenses, related with supplies of the relevant services, rate of return, terms of return of investment capital and other parameters.

      The long-term parameters of regulation, received with the use of the method of comparative analysis of the effectiveness of activity of the natural monopoly entities may be applied for the purposes of regulation of tariffs (prices) for the services of the natural monopoly entity.

      12. Features of application of paragraphs 4 – 11 of this Minute in the specific scopes of the natural monopolies may be determined in the sections XX and XXI of Agreement.

IV. Rules of ensuring of an access to the services of
the natural monopoly entities

      13. The member state shall establish the rules of regulation, ensuring an access to the services of the natural monopoly entities in its legislation, as it is determined in paragraph 2 of this Minute.

      The national bodies of the member states shall ensure control of observance of the rules of ensuring of an access of consumers to the services of the natural monopoly entities and conditions of connection (joining, use) to them.

      14. Rules of ensuring of the access of consumers to the services of the natural monopoly entities shall include:

      1) essential conditions of agreements, as well as procedure of their conclusion and execution;

      2) procedure of determination of existence of the technical capabilities;

      3) procedure of provision of information on services rendered by the natural monopoly entities, their cost, access to them, possible volumes of implementation, technical and technological possibilities of rendering of such services;

      4) conditions of reception of public information, allowing to ensure possibility of comparison of condition of circulation of services of the natural monopoly entities and (or) access to them by the interest persons;

      5) the list of information, which may not contain the commercial secret;

      6) procedure of consideration of complaints, applications and settlement of disputes on issues of an access to the services of the natural monopoly entities.

      15. Application of the differentiated conditions of an access to the services of consumers of the member states (in recognition of specifics of each of the separate scope of the natural monopoly, determined in sections XX and XXI of Agreement) by the natural monopoly entities of the member states shall be allowed, if such conditions are not be applied on principle of affiliation of consumers to any of the member states, upon condition of observance of the legislation of each of the member state.

      16. The legislation of the member states shall not contain the regulations, establishing the differentiated conditions of an access to the services of the natural monopoly entities in relation of consumers of the member states, on the basis of affiliation of consumers to the state of any of the member states without damage to the provisions of paragraph 15 of this Minute.

      17. Features of application of paragraphs 13-16 of this Minute in the specific scopes of the natural monopolies, including the transit issues shall be determined in the sections XX and XXI of Agreement.

V. National bodies of the member states

      18. The national bodies of the member states, vested with powers on regulation and (or) control of activity of the natural monopoly entities shall operate in the member states in accordance with the legislation of the member states.

      The national bodies of the member states shall carry out its activity in accordance with the legislation of the member states, Agreement, as well as other international treaties of the member states.

      19. The functions of the national bodies of the member states shall include:

      1) a tariff (price) regulation of services of the natural monopoly entities;

      2) regulation of an access to the services of the natural monopoly entities, as well as establishment of the fee (prices, tariffs, charges) for connection (joining) to the services of the natural monopoly entities, in the cases, provided by the legislation of the member states;

      3) protection of interests of consumers of services of the natural monopoly entities;

      4) consideration of complaints, applications, settlement of disputes on issues of establishment and application of regulated tariffs (prices) as well as access to the services of the natural monopoly entities;

      5) consideration, approval or coordination of the investment programs of the natural monopoly entities and control of their implementation;

      6) ensuring of observance of restrictions, provided by the legislation of the member states on appropriation of information to the commercial secret by the natural monopoly entities;

      7) carrying out of control of activity of the natural monopoly entities, as well as by conducting of verifications and other forms (monitoring, analysis, expert examination);

      8) other functions provided by the legislation of the member states.

VI. The Competence of Commission

      20.Commission shall exercise the following powers:

      1) adopts a decision on expansion of the scopes of the natural monopolies in the member states in the case if the member state intends to include other scope of the natural monopolies, not specified in the annexes No.1 and 2 to this Minute, to the scope of the natural monopolies, after relevant application of this member state to the Commission;

      2) analyzes and suggests the methods of coordination, development and implementation of decision of the national bodies, relating to the scopes of the natural monopolies;

      3) conducts the comparative analysis of the system and practice of regulation of activity of the natural monopoly entities in the member states with preparation of the relevant annual accounts and reports;

      4) contributes to harmonization of regulation in the scopes of the natural monopolies in relation of environmental aspects, energy efficiency;

      5) presents the results of conducted work, specified in subparagraphs 3-4 of this paragraph and coordinated with the national bodies of the member states for consideration of the Supreme Council, as well as suggestions on establishment of regulatory legal acts of the member states in the scope of the natural monopolies, coordinated with the member states, which are subject to convergence, and on determination of subsequence of implementation of relevant measures on harmonization of the legislation in this scope;

      6) carry out control of execution of section XIX of Agreement.

  Annex No. 1
  to the Minute
  on the unified principles
  and rules of regulation of activity
  of the natural monopoly entities

The scopes of the natural monopolies in the member states

      In accordance with Article 2 of the Minute, amendments entered into Annex 1 by Law of the Republic of Kazakhstan № 346-V as of 02.08.2015 shall be enforced 18 months after the date of enforcement of this Minute.
      Footnote. Annex № 1 as amended by Laws of the Republic of Kazakhstan № 265-V as of 24.12.2014; № 346-V as of 02.08.2015.

No.

Republic of Belarus

Republic of Kazakhstan

Russian Federation

Republic of Armenia

The Kyrgyz Republic

 

1.

Transportation of oil and petroleum products through the main pipelines

Services on transportation of oil and petroleum products through the main pipelines

Transportation of oil and petroleum products through the main pipelines


Transportation of oil and oil products through trunk pipelines

 

2.

Transfer and distribution of electric energy

Services on transfer and (or) distribution of electric energy

Services on transfer of electric energy

Power transmission services
 

Transmission and distribution of electrical energy


3.


Services on technical dispatching control of supply to the network and consumption of electric energy; services on organization of balancing of production – consumption of electric energy;
services on ensuring of readiness of electric power to support a load (from 1 January, 2016)

Services on operational dispatch management in the electric power industry

Services of the electric energy system operator
 

Services for the operational dispatch management of the national energy system

 

4.

Services rendering by the communications of the railway transport, ensuring the public transport traffic, management of railway traffic, rail transportation

Services of backbone railway networks

Rail transportations

Services to ensure the use of railway infrastructure

Rail transportation

     

  Annex No. 2
  to the Minute
  on the unified principles
  and rules of regulation of activity
  of the natural monopoly entities

The scopes of the natural monopolies in the member states

      In accordance with Article 2 of the Minute, amendments entered into Annex 1 by Law of the Republic of Kazakhstan № 346-V as of 02.08.2015 shall be enforced 18 months after the date of enforcement of this Minute.
      Footnote. Annex № 2 as amended by Laws of the Republic of Kazakhstan № 265-V as of 24.12.2014; № 346-V as of 02.08.2015.

No.

Republic of Belarus

Republic of Kazakhstan

Russian Federation

Republic of Armenia

The Kyrgyz Republic
 

1.

Transportation of the gas through the main pipelines and distribution pipelines

Services on storage, transportation of commercial gas through the connecting, gas-main pipelines and (or) gas-distribution systems, operation of the group tank installations, as well as transportation of unstripped gas through the connecting gas pipelines

Transportation of the gas through the pipelines

Natural gas transportation services; natural gas distribution services; services of the gas supply system operator

 

Transportation, distribution, storage and sale of natural gas
 

2.

Services of transport terminals, airports;
air navigation services

Services of air navigation;
services of ports, airports

Services in the transport terminals, ports and airports


Aeronautical flight support; ground handling of domestic air transport
 

3.

Services of telecommunication and public postal service

Telecommunication services upon condition of the absence of competitive communications provider by reason of technological impossibility or economical inadvisability of provision of these types of services, except for the universal services of telecommunications;
services on provision of cable channels and other basic assets, technologically related with connection of the networks of telecommunications to the public network, for the property lease (rent) or use;
public postal services

Public telecommunications services and public postal service


Telecommunication and postal public services
 

4.

Transfer and distribution of the heat energy

Services on production, transfer, distribution and (or) supply of the heat energy

Services on transfer of the heat energy


Production, transmission, distribution and sale of thermal energy
 

5.

Centralized water supply and water removal

Services of water supply and (or) water removal

Water supply and water removal with the use of the centralized system, communal infrastructure systems

Non-competitive water supply and disposal services

 

Centralized water supply and disposal
 

6.



Services on the use of infrastructure of the internal waterways



7.


Services on railways with the objects of railway transport on concession agreements




8.


Services of local railway




9.



Icebreaking piloting in the water area of the Northern Sea Route



10.




Electricity distribution services


11.




Clearing center services


12





Production and sale of electrical energy

     

  ANNEX No.21
  to Agreement on Eurasian
  Economic Union

Protocol on the Common Electricity Market of the Eurasian Economic Union

      Footnote. The title of Annex 21 - as reworded by Law of the Republic of Kazakhstan No. 109-VII of March 16, 2022 (see Article 2 for the enactment procedure).
      Footnote. Protocol as amended by Law of the Republic of Kazakhstan No. 109-VII of 16.03.2022 (see Art. 2 for the enactment procedure).

І. General provisions

      1. This Protocol has been elaborated under Articles 81 and 82 of the Agreement on the Eurasian Economic Union (hereinafter - the Agreement) and establishes the legislative framework for the formation, operation and development of the common electric energy market of the Union.

      2. The provisions of this Protocol and the acts envisaged by this Protocol shall not apply to relations associated with trade in electric energy of member states with third states, including relations concerning the interstate transmission of electric energy (power) through the territory of a member state to the territory of third states, from the territory of third states through the territory of a member state.

      Interstate transmission of electric power (capacity) with the aim of fulfilling obligations in relation to the electric power industry entities of third states shall be governed by the legislation of the member state through the territory thereof the interstate transmission of electric power (capacity) is implemented).

      3. The terms used in this Protocol shall have the following meaning:

      “accession agreement” - an agreement executed under the rules of mutual electricity trade on the common electricity market of the Union, establishing mutual obligations between a participant of the common electricity market of the Union, the centralised trade operator (operators) for a certain type of centralised electricity trade and other infrastructural organisations of the common electricity market of the Union, enforcing contracts for the sale of electricity based on the results of centralised trading;

      “access to the services of natural monopoly entities in the electricity sector” - the possibility for the actors of the common electricity market of the Union to benefit from the services of natural monopoly entities in the electricity sector on the common electricity market of the Union;

      “electricity (capacity) substitution” - interconnected and simultaneous supply of equal amounts of electricity (capacity) to and from the electricity system via different supply points located on the border(s) of a member state;

      “interstate power line” means a power line that crosses the state borders of member states;

      “interstate electricity (capacity) transmission” means the provision of services by authorised organisations of member states for the transmission and/or substitution of electricity (capacity). Under the legislation of a member state, the relevant relations shall be established through contracts for the provision of electricity (capacity) transmission (transit) services or other civil law contracts, including contracts for sale of electricity;

      “interstate section” - a technologically conditioned set of transmission lines of all voltage classes between energy systems (parts of energy systems) of 2 or more states, running across state borders of member states, as well as across state borders of member states and third states;

      “interstate flow” - the flow of electricity (capacity) along an interstate transmission line;

      "common electricity market of the Union" - the system of relations between the actors of the internal wholesale electricity markets of the different Member States, based on parallel electricity systems, associated with the purchase and sale of electricity (capacity), operating under this Protocol, the acts envisaged in paragraphs 5 to 8 of this Protocol and the relevant agreements between the actors of the common electricity market of the Union;

      “centralised trading operator” - an organisation offering services for the organisation of a certain type of centralised electricity trade on the common electricity market of the Union;

      “transmission of electricity (capacity)” - ensuring flows of electricity (capacity) produced in the territory of one member state across the networks of another member state between supply points located on its border(s);

      “electricity net flow” is the algebraic sum ( considering the direction) of the inter-state electricity flows on all transmission lines included in the inter-state cross-section;

      “free bilateral contract” - a contract concluded between the participants of the common electric power market of the Union, where the volumes, prices, delivery and settlement terms and other conditions of discharge of obligations are independently established by the parties to the contract, with due regard to the carrying capacity of interstate sections, other technological and regulatory constraints;

      “network operator” refers to an organisation authorised under the laws of a member state to provide electricity transmission services across the territory of that member state;

      “system operator” referred to as the organisation authorised under the legislation of a member state to exercise operational and dispatch control of the electric power system of the member state;

      “fixed-term contract” - a contract for purchase and sale of electricity between participants in the common electricity market of the Union, comprising standardised conditions for the period and hours of electricity supply, as well as for other essential conditions, where the price and volume of electricity are specified during centralised trading under the regulations of the centralised trading operator for fixed-term contracts;

      “domestic wholesale electricity market entities” - legal entities that are entities of the wholesale electricity market of a member state under the legislation of that member state;

      “dead-end scheme” - a scheme whereby the electricity supply to electricity consumers in one member state is via interstate transmission lines that receive voltage from another member state;

      “services of natural monopoly entities in the electricity sector” - services on electricity transmission, operational dispatch management in the electricity sector, delivered by natural monopoly entities to ensure mutual trade in the common electricity market of the Union and interstate transmission of electricity (capacity).

II. Principles for the formation, operation and development of the common electricity market of the Union

      4. Establishment, operation and development of the common electricity market of the Union shall be based on the following principles:

      1) cooperation based on equality, mutual benefit with no economic detriment to any of the member states;

      2) observing the balance of economic interests of electricity producers and consumers, as well as other entities in the common electricity market of the Union;

      3) prioritising the use of mechanisms based on market relations and fair competition to form a sustainable system for meeting electricity (capacity) demand in competitive activities;

      4) ensuring unhindered access to the services of natural monopoly entities in the electricity sector, within the limits of technical feasibility, given the priority use of these services to meet the internal needs of member states for the inter-state transmission of electricity (power);

      5) gradual formation and development of a common electricity market of the Union based on the parallel electricity systems of the member states, considering the peculiarities of the existing electricity market models of the member states;

      6) exploiting the technical and economic advantages of parallel operation of the member states' electricity systems, respecting mutually agreed conditions for parallel operation;

      7) implementation of electricity trade between member state entities, considering the energy security of member states;

      8) gradual harmonisation of the member states' electricity legislation including in terms of information disclosure by the actors of the common electricity market of the Union.

III. Regulations for the operation of the common electricity market of the Union

      5. To the extent technically possible, member states shall ensure unhindered access to interstate transmission of electricity (capacity) on interstate transmission lines, subject to ensuring the internal electricity (capacity) needs of member states under the regulations governing the principles and procedure for access to interstate transmission of electricity (capacity) (hereinafter referred to as the access regulations).

      Transmission of electric power (capacity) between states shall be performed under respective contracts between the organisation (organisations) authorised to perform interstate transmission of electric power (capacity) and the consumer of interstate transmission of electric power (capacity) services. The procedure for concluding, executing, amending, terminating, registering and recording these contracts shall be governed by the rules of access.

      The Intergovernmental Council shall adopt the rules of access.

      6. The rules approved by the Intergovernmental Council (hereinafter, the rules for mutual trade in electricity) shall govern the mutual trade in electricity on the common electricity market of the Union).

      7. Legal relations related to the establishment and allocation of carrying capacity of interstate cross-sections shall be regulated under the rules governing the relations of the actors of the common electric power market of the Union in determining and allocating the carrying capacity of interstate power lines available for mutual electricity trade in the common electric power market of the Union and interstate transmission of electric power (capacity), as approved by the Intergovernmental Council.

      8. Information interaction between the common electricity market actors of the Union, the public authorities of the member states and the Commission in the functioning of the common electricity market of the Union shall be performed under the rules determining the composition of data and the procedures for their provision by the actors of the common electricity market of the Union, the public authorities of the member states and the Commission in the functioning of the common electricity market of the Union and adopted by the Intergovernmental Council ((hereinafter referred to as the information exchange rules).

IV. Powers of the Commission

      9. With a view to ensuring the establishment, operation and development of the common electricity market of the Union, the Commission shall exercise the following powers:

      1) monitoring the functioning of the common electricity market of the Union under the procedure adopted by the Council of the Commission;

      2) preparation of suggestions for improving the legal regulation in relation to the common electricity market of the Union;

      3) other powers conferred by this Protocol.

V. Management and operation of the common electricity market of the Union

      10. The common electricity market of the Union shall be managed and operated by the following authorities and organisations:

      the public authorities of the member states authorised under the legislation of the member states to regulate and/or control the electricity sector;

      infrastructural organisations of the common electricity market of the Union.

      At the initiative of member states, auxiliary bodies (council of heads of public authorities of member states, working groups, special commissions) may be established by decision of the Supreme Council to ensure the proper functioning of the common electricity market of the Union.

      11. The public authorities of the member states empowered under the legislation of the member states to regulate and/or control the electricity sector may include, but are not limited to:

      the public authorities of the member states responsible for the implementation of the state policy in the electricity sector;

      the public authorities of the member states competent for implementing and/or enforcing competition (anti-monopoly) policy;

      member state authorities vested with the power to regulate and/or control natural monopolies.

      The public authorities of a member state, empowered under the legislation of that member state to regulate and/or control the electricity sector, shall exercise the following functions and powers in order to ensure the functioning of the common electricity market of the Union:

      ensure the implementation of activities aimed at the implementation of this Protocol;

      promote the harmonisation of the member state's electricity legislation under the acts adopted in conformity with paragraphs 5 to 8 of this Protocol;

      engage in the preparation and review of monitoring data on the functioning of the common electricity market of the Union;

      monitor the compliance of the actors of the common electricity market of the Union registered in the territory of the member state with the competitive (anti-monopoly) legislation of the member state, the regulations for mutual trade in electricity and the rules of access in the territory of the member state;

      regulate and control the activities of natural monopoly entities in the electricity sector registered in the territory of the member state and operating in the common electricity market of the Union, under the legislation of the member state in the field of regulation and/or control of natural monopoly activities;

      examine complaints concerning breaches of access rules by a common electricity market entity of the Union registered in the territory of the Member State concerned;

      adopt methodological guidelines for determining prices (tariffs) for services of infrastructure organisations in the common electricity market of the Union registered in the territory of the respective member state that are not natural monopoly entities in the electricity sector;

      other functions and powers specified in the instruments adopted pursuant to paragraphs 5 to 8 of this Protocol and in the legislation of the member states.

      The procedure for the exercise of the functions and powers mentioned in this paragraph by the public authorities of the member states empowered under the legislation of the member states to regulate and/or control the electricity sector shall be governed by the legislation of the member states concerned.

      12. The composition of the infrastructural organisations of the common electricity market of the Union shall be established as described in paragraphs 21 to 23 of this Protocol.

      This Protocol, the acts adopted under paragraphs 5 to 8 of this Protocol and the legislation of the member states in so far as specified in such acts shall govern the rights and obligations (functions and powers) of the infrastructural organisations of the common electricity market of the Union regarding the functioning of the common electricity market of the Union.

      13. Member states shall secure interaction between the public authorities of the member states empowered under the legislation of the member states to regulate and/or control the electricity sector, infrastructural organisations of the common electricity market of the Union and the participants in the common electricity market of the Union.

VI. Actors in the common electricity market of the Union

      14. The actors in the common electricity market of the Union shall include:

      1) participants in the common electricity market of the Union;

      2) infrastructural organisations of the common electricity market of the Union.

      15. The rights and obligations (functions and powers) of the entities of the common electricity market of the Union in the common electricity market of the Union shall be determined under this Protocol, the acts adopted by virtue of paragraphs 5 to 8 of this Protocol and the legislation of the member states to the extent provided for in those acts.

      16. The Register of the actors of the common electricity market of the Union shall contain details of the actors of the internal wholesale electricity markets of the member states entitled, under paragraphs 17 to 19 of this Protocol, to participate in the common electricity market of the Union, as well as details of the infrastructure organisations of the member states indicated in paragraph 21 of this Protocol, authorised to participate in the common electricity market of the Union. This data shall be compiled by the authorities (organisations) designated under the laws of the member states).

      The register of the entities of the common electricity market of the Union shall be formed and maintained under the rules of information exchange.

VII. Participants in the common electricity market of the Union

      17. Participants in the common electricity market of the Union shall include:

      1) legal entities engaged in the sale (supply) of electricity and being actors on the internal wholesale electricity markets under the legislation of the respective member states;

      2) legal entities purchasing electricity and being actors in the internal wholesale electricity markets under the legislation of the respective member states;

      3) legal entities purchasing electricity from a neighbouring member state via inter-state transmission lines through a “dead-end scheme” in the absence of an alternative and possibility to purchase electricity in the domestic electricity market of their member state;

      4) legal entities empowered, under the legislation of the member states, to settle hourly deviations of actual electricity balances from the planned values.

      18. Prior to the entry into force of the decision of the Council of the Commission foreseen by paragraph 19 of this Protocol, each member state may, in accordance with its legislation, authorise an actor in the internal wholesale electricity market of the Union, as well as determine the list of legal entities entitled to participate in electricity trading in the common electricity market of the Union.

      19. Following the entry into force of the international treaty on the establishment of a common Union gas market, as well as the acts of the Union authorities necessary for the running of the common Union gas market, the Commission Council shall adopt a decision whereby the member states shall provide conditions for the participation on a voluntary and competitive basis of any entities of the internal wholesale electricity markets in the common electricity market of the Union. Following the entry into force of the said decision of the Commission Council, Member States shall not authorise individual entities of the internal wholesale electricity market of the Union to participate in the common electricity market (excluding the cases stipulated in this Protocol).

      20. Legal entities of the member states shall trade in electricity on the common electricity market of the Union, unless they simultaneously engage in (combine) natural monopoly and competitive activities in the electricity sector.

      The provisions of the first indent of this paragraph shall not apply to trade in electricity on the common electricity market of the Union in the following circumstances:

      electricity trade in the common electricity market of the Union is performed for the purpose of settling hourly deviations of actual electricity balances from the planned values;

      electricity is purchased on the common electricity market of the Union by system and (or) network operators to compensate for losses in electricity grids in cases determined by the rules of mutual trade in electricity.

      The provisions of the first indent of this paragraph shall not apply to legal entities of a member state involved in the production and/or sale of electricity if, as of the date of entry into force of this Protocol, the production and/or sale of electricity in that member state is classified as a natural monopoly under Annex No 2 to the Protocol on Common Principles and Rules Governing the Activities of Natural Monopolies (Annex No. 20 to the Agreement).

      Specifics of participation in electricity trade on the common electricity market of the Union of legal entities mentioned in the fifth indent of this paragraph shall be stipulated by the rules of mutual trade in electricity, considering the provisions of the Protocol on Uniform Principles and Rules Governing the Activities of Natural Monopolies (Annex No. 20 to the Agreement).

VIII. Infrastructural organisations of the common electricity market of the Union

      21. The infrastructure organisations of the common electricity market of the Union shall be composed of:

      1) system operators;

      2) network operators;

      3) centralised trade operator(s);

      4) other organisations rendering services to the actors of the common electricity market of the Union in mutual trade in electricity under the acts adopted by virtue of paragraphs 5 to 8 of this Protocol.

      22. The functions of several infrastructure organisations in the common electricity market of a Member State may be combined under the legislation of that member state.

      23. The infrastructural organisations of the common electricity market of the Union shall offer services under the contracts concluded pursuant to the acts adopted as per paragraphs 5 to 8 of this Protocol.

IX. Trading in electricity on the common electricity market of the Union

      24. Modalities for trading in electricity on the common electricity market of the Union:

      1) mutual trade in electricity between members of the common electricity market of the Union under free bilateral contracts;

      2) centralised electricity trade between participants in the common electricity market of the Union, the types whereof are governed by the rules for mutual trade in electricity and include, inter alia, centralised day-ahead trade subject to its economic feasibility (hereinafter: centralised electricity trade);

      3) settlement of hourly deviations of actual electricity balances from the planned values under the contracts concluded between the authorised organisations of the member states.

      25. Electricity shall be traded on the common electricity market of the Union between the members of the common electricity market of the Union, being legal entities of different member states, at the respective interstate sections at the state borders of the member states under this Protocol, the rules for mutual electricity trade and under the contracts required to be concluded for electricity trade using a certain method of trade.

      26. The mutual trade rules for electricity shall stipulate the actions that the participants in the common electricity market of the Union have to perform to initiate trading using the respective mode of trade.

      The list of essential terms and conditions of contracts, the conclusion whereof is required for participation in electricity trade on the common electricity market of the Union using a particular mode of trade, including free bilateral contracts, and the procedure for concluding, performing, modifying, terminating, registering and recording said contracts shall be governed by the electricity mutual trading rules and the access rules. These rules shall establish the list of contracts required to participate in electricity trading on the common electricity market of the Union, to be concluded pursuant to standard forms approved by the Council of the Commission. The terms and conditions of contracts concluded under such forms may not be unilaterally changed by the participants in the common electricity market of the Union being parties thereto.

      27. Electricity shall be mutually traded under free bilateral contracts by the participants in the common electric power market of the Union by concluding bilateral contracts for the purchase and sale of electricity at prices, in the volume and under the terms of supply that are established by the parties to the contracts independently, with regard to the carrying capacity of inter-state sections, other technological and regulatory constraints. Changes in the volume of electricity supply and termination of the free bilateral contract shall be done under the procedure and terms prescribed by the rules for mutual trade in electricity. Electricity volumes bought (sold) under free bilateral contracts registered in the Union common electricity market under the applicable procedure shall be accounted for on the internal wholesale electricity markets of the member states pursuant to the legislation of those member states.

      28. Centralised electricity trade shall rely on the participants of the common electricity market of the Union via an electronic trading system, enabling the determination of prices and volumes of electricity purchases (sales) under the rules of mutual trade in electricity. Centralised electricity trade services shall be offered by the centralised trade operator(s) on a fee contractual basis.

      The volumes of electricity purchased (sold) under the contracts signed as a result of centralised electricity trading on the common electricity market of the Union and registered in the prescribed manner on the common electricity market of the Union shall be registered and accounted for on the internal wholesale electricity markets of the member states under the legislation of those member states.

      29. To regulate hourly deviations of actual balances of electricity flows from planned values and to enable participants in the common electric power market of the Union to trade electricity on a mutual basis via the respective interstate sections, organisations of neighbouring member states empowered to regulate deviations shall conclude hourly deviation purchase agreements or other agreements, in accordance with the rules for mutual trade of electricity, provided it does not contravene the legislation of the member states.

      Electricity shall not be traded by the means indicated in sub-paragraphs 1 and 2 of paragraph 24 of this Protocol between the participants in the common electricity market of the Union of the member states concerned in the relevant section until the contracts mentioned in the first sub-paragraph of this paragraph have been concluded.

      The procedure for calculating the values of hourly deviations and the procedure for their settlement shall be governed by the rules for mutual trade in electricity.

      In inter-state sections where electricity is traded between participants in the common electricity market of the Union, associated with the supply of electricity to consumers under a "dead-end scheme" in the absence of an alternative and possibility to buy electricity in the internal electricity market of its member state, the deviations shall be settled under free bilateral contracts for the purchase and sale of electricity.

      30. Based on its legislation, each member state shall designate the entity of the internal wholesale electricity market entrusted with participating in the settlement of hourly deviations of actual balancing flows of electricity from the planned values and concluding the relevant contracts.

      Data on the conclusion of contracts for the settlement of hourly deviations of actual electricity balances from the planned values shall be made available to the common electricity market actors of the Union under the rules of information exchange.

      31. For the implementation of electricity trade in the common electricity market of the Union by participants in the common electricity market of a Member State not sharing borders with other member states, across the territory of a third state contiguous with such a member state, contracts for the settlement of hourly deviations of actual electricity balances from the planned values shall be concluded between the authorised organisation of the member state not sharing borders with other member states and the organisation authorised to conclude relevant contracts under the laws of the third state.

      A prerequisite for trading in electricity on the common electricity market of the Union by participants in the common electricity market of a member state not sharing borders with other member states shall also be the conclusion (availability) of electricity transit contracts through the third state in both directions.

X. Centralised trade operator(s)

      32. The centralised trading of electricity on the common electricity market of the Union shall be organised by the organisation(s) of the member state(s) decided by the Council of the Commission based on the proposals of the member states.

      33. The rules of mutual trade in electricity, the rules of information exchange, the accession agreement(s) and the regulations of the centralised trade operator(s) shall govern the rights and obligations (functions and powers) of the centralised trade operator(s).

      34. Centralised electricity trading services shall be rendered through an appropriate electronic trading system - trading platform.

      35. The form of the accession agreement(s), the standard forms of contracts and the regulations required by the acts adopted under paragraphs 5 to 8 of this Protocol shall be approved by the Council of the Commission based on the proposals of member states.

      36. The principles for setting the price (tariff) for the services of centralised electricity trade operator(s) shall be stipulated in the rules for mutual trade in electricity.

XI. Technological framework for electricity trading in the common electricity market of the Union

      37. The technological basis for electricity trade in the common electricity market of the Union shall consist of:

      1) an information exchange system enabling the interaction of the common electricity market actors of the Union based on the data on the functioning of the electricity systems and electricity markets of the member states;

      2) an electronic trading system enabling centralised trading of fixed-term contracts;

      3) electronic trading system allowing centralised day-ahead trading.

XII. Regulation and supervision of the activities of natural monopoly entities in the electricity sector on the common electricity market of the Union, as well as of other organisations empowered to conduct inter-state transmission of electricity (capacity)

      38. Regulation and supervision of the activities of natural monopoly entities in the electricity sector and other organisations entitled to perform interstate transmission of electricity (capacity) when they perform interstate transmission of electricity (capacity) shall be exercised under this Protocol, access rules and the legislation of the member state through the territory thereof the interstate transmission of electricity (capacity) is performed).

      The regulation and supervision of the activities of natural monopoly entities in the electricity sector when they provide relevant services to the entities of the internal wholesale electricity market, engaged in the purchase (sale) of electricity on the common electricity market of the Union, shall be exercised under the laws of the member state concerned, with due regard to the principles specified in paragraph 3 of the Protocol on Common Principles and rules for the regulation of natural monopoly entities (Annex No. 20 to the Agreement).

      Natural monopoly services in the electricity sector for electricity transmission and for operational dispatch management in the electricity sector shall be offered only to domestic electricity market entities in the member state in the territory thereof these services are being offered, under the laws of the member state in question. In doing so, the actors of the internal wholesale electricity market that purchase (sell) electricity on the common electricity market of the Union shall be granted access to the services of the said natural monopoly entities in the electricity sector under the same terms as the access to the respective services is granted to the entities that purchase (sell) electricity only on the internal wholesale electricity market of the member state.

      39. Pricing (tariff setting) with regard to the services of natural monopoly entities in the electricity sector shall be done under the legislation of the member states.

      Prices (tariffs) for the services of natural monopoly actors in the electricity sector in the common electricity market of the Union shall not exceed similar domestic prices (tariffs) for domestic wholesale electricity market entities.

      Pricing (tariff setting) for the inter-state transmission of electricity (capacity) across the territory of a member state shall consider the compensation of the organisation empowered to conduct the inter-state transmission of electricity (capacity) for the costs (expenses) resulting from the provision of inter-state transmission of electricity (capacity) by such organisation in the domestic electricity market under the laws of the member state. However, if the price (tariff) for the interstate transmission of electricity (capacity) is calculated based on the forecast values of the parameters considered when setting the price (tariff) under the legislation of a member state, the difference between the forecast and actual values of these parameters related to the previous calculation periods shall be considered in determining the price (tariff) for the interstate transmission of electricity (capacity) in the subsequent calculation of the price (tariff).

      Prices (tariffs) for interstate transmission of electricity (capacity) shall be established well in advance of the commencement of the next calendar month (billing period) within the period prescribed by the access rules, and shall not be amended with respect to the obligations of that calendar month (billing period)).

XIII. Antitrust regulation of the common electricity market of the Union

      40. Antitrust regulation of the common electricity market of the Union shall be exercised under the laws of the member states and Section XVIII of the Agreement, with due regard to the particularities laid down in Sections XIX and XX of the Agreement and this Protocol.

XIV. Development of interstate electricity networks

      41. A member state shall develop inter-state electricity networks on its territory under its legislation and under the regulation on the development of inter-state electricity networks approved by the Council of the Commission.

XV. Stages in the formation and development of the common electricity market of the Union

      42. The timing for the enactment of the acts foreseen in this Protocol, as well as the stages of development of the common electricity market of the Union, shall be laid down by the Supreme Council.

XVI. Implementation of interstate transmission of electricity (capacity)

      43. Within the meaning of this section, the following terms shall be used:

      “domestic demand for electricity (capacity)” refers to the amount of electricity (capacity) required for their consumption in the territories of the respective member states;

      “access to services of natural monopoly entities in the electricity sector” means the possibility for a domestic market actor in one member state to benefit from the services of natural monopoly entities in the electricity sector in the territory of another member state;

      “domestic electricity market actors” - persons who are actors of the electricity (capacity) market of a member state under the legislation of that member state, engaged in activities in the electricity sector, including production of electricity (capacity), purchase and sale of electricity (capacity), distribution of electricity, supply of electricity to consumers, provision of electricity (capacity) transmission services, operational dispatch management in the electricity sector.

      44. To the extent technically possible, member states shall grant unhindered access to the services of natural monopoly entities in the electricity sector, providing that these services are used on a priority basis to satisfy the internal electricity (capacity) needs of member states, based on the following principles:

      1) equality of requirements in relation to the domestic electricity (capacity) market entities imposed by the legislation of the member state within the territory thereof such services are provided;

      2) consideration of the legislation of the member states when granting access to the services of natural monopolies in the electricity sector, given the priority use of these services to meet the domestic needs of the member states;

      3) ensuring the proper technical condition of the electric power facilities affecting the modes of parallel operation of the electric power systems of the member states in the provision of services by natural monopoly entities in the electric power sector;

      4) the contractual arrangements between the domestic electricity market entities of the member states;

      5) the compensability of services delivered by the natural monopoly entities of the member states in the electricity sector.

      45. Electricity (capacity) shall be transmitted between states based on the following principles:

      1) the interstate transmission of electricity (capacity) via the electricity system of a neighbouring member state is provided by the member states within the limits of available technical capacity, provided that the internal needs for electricity (capacity) of the member states are prioritised;

      2) determination of the technical feasibility of inter-state transmission of electricity (capacity) shall be based on the following priority:

      ensuring the internal electricity (capacity) needs of the member state through the electricity system thereof the inter-state transmission is planned to take place;

      securing the interstate transmission of electricity (capacity) from one part of the electric power system of a member state to another part thereof through the electric power system of a neighbouring member state;

      securing the interstate transmission of electricity (capacity) via the electricity system of a member state from the electricity system of one member state to the electricity system of another member state;

      providing for the interstate transmission of electricity (capacity) via the electricity system of a member state to fulfil obligations with regard to electricity entities in third states;

      3) for interstate transmission of electricity (capacity), the authorised organisations of the member states are guided by the compensation principle for interstate transmission of electricity (capacity) based on the legislation of the member state;

      4) the interstate transmission of electricity (capacity) for the purpose of fulfilling obligations in relation to electricity entities of third states is governed on a bilateral basis, with due regard to the legislation of the member state concerned.

      46. To ensure smooth inter-state transmission of electricity (capacity) via the member states' electricity systems, a set of coordinated preparatory measures shall be implemented, namely:

      prior to the commencement of the calendar year of electricity (capacity) supply, the authorised member states announce the planned volumes of electricity (capacity) intended for interstate transmission to be included in the national forecast balances of electricity (capacity) production and consumption, including for the purpose of considering such supplies when setting the tariffs for services of natural monopoly entities;

      based on the calculations of the planned cost of inter-state transmission of electricity (capacity), the organisations authorised by the member states enter into contracts in pursuance of the agreements reached.

      Aiming to ensure smooth interstate transmission of electricity (capacity) via the electric power systems of member states, the authorised bodies of member states shall apply the Methodology for Interstate Transmission of Electricity (Capacity) between Member States, comprising the procedure for determining technical conditions and volumes of interstate transmission of electricity (capacity), as well as harmonised approaches to pricing (tariff setting) for services related to interstate transmission.

      Organisations designated under the laws of member states shall ensure the interstate transmission of electricity (capacity) through their state pursuant to the said Methodology.

      47. The interstate transmission of electricity (capacity) and the operation of power grid facilities required to secure the interstate transmission of electricity (capacity) shall be implemented under the regulatory legal and regulatory and technical documents of the member state offering services related to the interstate transmission of electricity (capacity).

      48. Should the interstate transmission of electricity (capacity) be refused, the organisations empowered by the member states shall provide substantiating material on the grounds for the refusal.

      49. Regulating relations concerning the interstate transmission of electricity (capacity) shall be implemented with reference to other international treaties in force.

  Annex
  to the Protocol on the Common
  Electricity Market of the Eurasian
  Economic Union

      Footnote. The numbering heading is in the wording of the Law of the Republic of Kazakhstan dated 16.03.2022 No. 109–VII (see Article 2 for the procedure for entry into force).

Methodology of carrying out of interstate transfer of electric
energy (power) between the member states 1. The basic provisions of procedure of filling of applications and formation of annual forecast volumes of interstate transfer of electric energy (power), subjected to inclusion in the forecast balances of production and consumption of electric energy (power), as well as considered upon calculation of tariffs for the services of natural monopoly entities.

      Footnote. Section 1 as amended by Law of the RK No. 6-VII dated 15.02.2021; Law of the RK No. 64-VII dated 15.09.2021; Law of the RK No. 65-VII dated 18.09.2021.

      1.1. In the territory of the Republic of Belarus.

      1.1.1. Annual forecast volumes of interstate transfer of electric energy (power) (hereinafter – IHP (Международная гидрологическая программа) on the national electrical grid of the Republic of Belarus shall be determined by organization, authorized for its implementation, on the basis of filed application.

      1.1.2. Application for the forthcoming calendar year shall be filed not later than 1 April of the previous year. The application shall include the annual IHP and the maximum power, broken down by month.

      1.1.3. Authorized organization of the Republic of Belarus shall be guided by the value of available technical possibility, determined in accordance with this Methodology upon consideration of application.

      Authorized organization of the Republic of Belarus shall direct the reasoned refusal to the organization, filed an application upon exceeding of the applied value of IHP of the value of available technical possibility for the whole year or any month of the year.

      1.1.4. Applied volumes of IHP, coordinated by the authorized organization of the Republic of Belarus shall be executed as the annex to agreement for the transfer of electric energy and considered upon calculation of tariffs for the services on transfer of electric energy.

      1.1.5. Volumes of electric energy, supposed to IHP may be corrected by coordination of the authorized organizations of the member states before 1 November of the year, preceding the year of the planned IHP.

      1.2. In the territory of the Republic of Kazakhstan.

      1.2.1. Annual forecast volumes of IHP on the national electrical grid of the Republic of Kazakhstan shall be determined on the basis of application, filed by the organization authorized for implementation of IHP to the system operator of the Republic of Kazakhstan for implementation of IHP.

      1.2.2. Application for the forthcoming calendar year shall be filed not later than 1 April of the previous year. The application shall include the annual volume of IHP, broken down by month and specification of receiving points and points of output of electric energy in the border of the Republic of Kazakhstan.

      1.2.3. System operator of the Republic of Kazakhstan shall be guided by the value of available technical possibility, determined in accordance with this Methodology upon consideration of application. System operator of the Republic of Kazakhstan shall direct the reasoned refusal to the organization, filed an application upon exceeding of the applied value of IHP of the value of available technical possibility for the whole year or any month of the year.

      1.2.4. Applied volumes of IHP, coordinated by the system operator of the Republic of Kazakhstan shall be executed as the annex to agreement for the transfer of electric energy and considered upon calculation of tariffs for the services on transfer of electric energy.

      1.2.5. The volumes of supply of electric energy on bilateral interstate agreements shall be determined and coordinated with subjects of wholesale market after formation of forecast balance of electric energy and power on the Unified energy system of the Republic of Kazakhstan (hereinafter – UES of Kazakhstan) before 15 October of the year, preceding the planned.

      1.2.6. Volumes of electric energy, supposed to IHP may be corrected at the suggestion of subjects, authorized for organization and implementation of IHP before 1 November of the year, preceding the year of planned supply.

      1.3. In the territory of the Russian Federation.

      1.3.1. In obedience to the Procedure for the formation of a consolidated forecast balance within the Unified Energy System of Russia by constituent entities of the Russian Federation, by 1 April of the year preceding the year of the planned supply, the authorised organisation (organisation for the management of the Unified National (All-Russian) Power Grid (hereinafter referred to as the "UNPG") of the Russian Federation) shall send proposals, agreed with the authorised organisations of the Member States managing the national electricity grid, to the body authorised to form a consolidated forecast balance of electricity (capacity) production and consumption by constituent entities of the Russian Federation, as well as to the system operator of UES of Russia.

      1.3.2 The agreed proposals shall be considered by the authority responsible to form a consolidated forecast balance of electricity (capacity) production and consumption by the constituent entities of the Russian Federation, and shall be taken into account when forming a consolidated forecast balance of electricity (capacity) production and consumption by the constituent entities of the Russian Federation for the next calendar year, within the time frame stipulated by the legislation of the Russian Federation.

      1.3.3. Volumes of electric energy and power, supposed to IHP, approved as a part of the indicators of consolidated forecast balance of production and consumption of electric energy (power) on the subjects of the Russian Federation for the year of supply shall be considered upon calculation of prices (tariffs) for the services of natural monopolies in the electrical energy industry.

      1.3.4. Volumes of electric energy and power, supposed to IHP may be corrected by suggestion of organization on management of the UNEG upon condition of existence of coordination by the authorized bodies (organizations) of the member states before 1 November of the year, preceding the year of the planned supply, with conducting of relevant correction of the established prices (tariffs) for the services of natural monopolies in the electrical energy industry.

      1.4. On the territory of the Republic of Armenia.

      1.4.1. Annual forecast volumes of inter-state electricity transmission (IET) via the electric energy system of the Republic of Armenia (hereinafter referred to as EES of Armenia) shall be determined by an organisation authorised to organise IET (hereinafter referred to as the system operator of EES of Armenia), based on an application

      1.4.2. The application for the upcoming calendar year shall be submitted no later than 1 April of the preceding year. The application shall indicate the annual volume of the IET by months, specifying the points of reception and delivery of electricity at the border of the Republic of Armenia.

      1.4.3. When considering an application, the Armenian EES System Operator shall be guided by the value of the available technical capacity of the Armenian EES, determined in compliance with this Methodology. If the value of the IET application exceeds the available technical capacity of the Armenian EES for the whole year or in any month of the year, the system operator of the Armenian EES shall send a motivated refusal to the applicant organisation.

      1.4.4. The declared IET volumes agreed by the Armenian EES System Operator shall be drawn up as an annex to the electricity transmission contract and taken into account in the calculation of tariffs for electricity transmission services.

      1.4.5. After the formation of forecast balances of electricity and capacity in the Armenian EES, the volumes of electricity supply under bilateral interstate contracts shall be determined and agreed upon with the wholesale market entities by October 15 of the year preceding the planned year.

      1.4.6. The electricity volumes expected to be supplied by IET may be adjusted upon proposal of the entities authorised to organise and implement IET by 1 November of the year preceding the year of planned supply.

      1.5. On the territory of the Kyrgyz Republic.

      1.5.1. The annual IET forecasts for the National Power Grid of the Kyrgyz Republic (hereinafter referred to as the Kyrgyz NPG) shall be determined by the organisation authorised to implement IET (hereinafter referred to as the Kyrgyz NPG management organisation) based on an application.

      1.5.2. The application for the upcoming calendar year shall be submitted no later than 1 April of the preceding year. The application shall indicate the annual volume of IET and maximum capacity broken down by months and indicating the points of reception and delivery of electricity at the border of the Kyrgyz Republic.

      1.5.3. In reviewing the application, the Kyrgyz NPG management organisation shall be guided by the value of the available technical capacity of the Kyrgyz NPG as determined in conformity with this Methodology. If the IET application exceeds the available technical capacity of the Kyrgyz NPG for the whole year or in any month of the year, the Kyrgyz NPG management organisation shall send a reasoned refusal to the applicant organisation.

      1.5.4. The declared IET volumes agreed with the Kyrgyz NPG management organisation shall be drawn up as an annex to the electricity transmission contract and taken into account in the calculation of tariffs for electricity transmission services.

      1.5.5. The electricity volumes expected to be supplied by IET may be adjusted as agreed by the authorised organisations of the Member States before 1 November of the year preceding the year of planned supply.

2. Procedure of determination of technical possibility and planned volumes of IHP on the basis of planning of annual, monthly, daily and per diem modes of work of electrical power systems, including provisions, determining functions and powers of planning coordinator

      Footnote. Section 2 as amended by Laws of the Republic of Kazakhstan: No. 64-VII of 15.09.2021; No. 65-VII of 18.09.2021; dated 16.03.2022 No. 109-VII (see Article 2 for the procedure for entry into force).

      2.1. Terminology.

      The following concepts shall be used for the purposes of section 2 of this Methodology:

      Controlled section – a set of power transmission lines (PTL) and other elements of electric grid, determined by the dispatch centers of the system operators of electrical power systems of the member states, flows of power of which are controlled for the purposes of ensuring of the stable work, reliability and survivability of electrical power systems.

      The maximum allowable power flow – the highest flow in the network section, complying with all requirements to the normal conditions.

      The interstate section – a point or a group of the points of supply, located in the interstate PTL, connecting the electrical power systems (separate energy areas) of neighboring states, technologically conditioned by the tasks of planning and management of electric power modes of parallel work, determined by the system operators of electrical power systems of the member states.

      Other terms used shall have the meaning assigned to them by the Protocol on the Common Electricity Market of the Eurasian Economic Union (Annex No. 21 to the Agreement on the Eurasian Economic Union).

      2.2. General provisions.

      2.2.1. Tasks solved at the stages of planning:

      - annual planning: verification of technical possibility of implementation of applied volumes of supplies of electric energy (power) between the member states and IHP between the member states, taken into account in the forecast balances of production and consumption of electrical energy industry (power) in recognition of annual planned repair schedules of electrical grid equipment, limiting the export-import section, and their correction if necessary;

      - monthly planning: verification of technical possibility of implementation of applied volumes of supplies and IHP between the member states, taken into account in the annual forecast balances of production and consumption of electric energy (power) in recognition of monthly planned repair schedules of electrical grid equipment, limiting the export-import section, and their correction if necessary;

      - daily planning and per diem correction of modes: verification of technical possibility of implementation of hourly volumes of supplies, applied the day-ahead and IHP between the member states in recognition of real circuit-regime situation, planned, unplanned and emergency shutdown of the electrical grid equipment, limiting the export-import section, volumes of supplies and IHP between the member states.

      2.2.2. Planning (calculation of the feasibility of planned IET volumes between the Member States) shall be performed between the UES of Russia and the UES of Kazakhstan, between the UES of Russia and the United Energy System of Belarus (UES of Belarus), and between the UES of Russia and the UES of Armenia (via power systems of third countries) using a calculation model of parallel operating electric power systems (hereinafter, the calculation model).

      2.2.3. The calculation model shall be a mathematical model of technologically interrelated parts and (or) equivalents of the UES of Russia, the UES of Kazakhstan, the ES of Kyrgyzstan, the UES of Belarus, the EES equivalents of Armenia and energy systems of third countries through which electricity (capacity) is transferred between the UES of Russia and the EES of Armenia, to the extent necessary for planning, and shall include a description of:

      - columns and equivalent circuit parameters of electrical grid;

      - active and reactive nodal loads;

      - active and reactive generation in the node;

      - minimum and maximum active and reactive power generation;

      - transmission constraints.

      2.2.4. Calculation model shall be formed on the basis of equivalent circuit, coordinated by the system operators of electrical power systems of the member states, as a rule, for the basic modes, corresponding to the agreed hours of winter maximum and minimum load, and summer maximum and minimum load (basic calculation schemes). The maximum permissible power flows shall be specified in the controlled interstate sections, as well as in the internal controlled sections for the typical circuit-regime situations, if they essentially effect on the implementation of interstate supplies (exchanges).

      2.2.5. The planning coordinator is the system operator of the UES of Russia.

      2.2.6 Composition of calculation models and updated information for each planning stage, including lists of energy facilities and electricity systems (electric power system equivalents) included in the calculation model, the procedure and time schedule for their formation and updating, formats and method of data exchange for planning annual, monthly, daily and intraday operation modes of electric power systems shall be established by documents, approved by the system operator of the UES of Russia and the UNPG management organisation with the organisation performing the functions of the system operator of the UES of Belarus and the system operator of the UES of Kazakhstan, and the system operator of the UES of Kazakhstan and the NPG management organisation of Kyrgyzstan in agreement with the system operators of third countries, whose power systems operate in parallel within the Central Asia Unified Energy System, as well as by the Armenian EES system operator by agreement with the system operators of the energy systems of third countries through which electricity (capacity) is transmitted between the UES of Russia and the Armenian EES.

      2.3. Functions and powers of planning coordinator and separate system operators of electrical power systems of the member states.

      2.3.1. The planning co-ordinator shall:

      - form basic calculation models;

      - organise information exchange with the organisation performing the functions of the system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, including for recording the declared volumes of electricity (capacity) supply and IET across the state border between the Kyrgyz Republic and the Republic of Kazakhstan, the Armenian EES system operator for planning purposes;

      - carry out calculations of electric power regimes based on the data received from the organisation performing the functions of the Belarusian UES system operator, the system operator of the UES of Kazakhstan, including taking into account the declared volumes of electricity (capacity) supply and IET across the state border between the Kyrgyz Republic and the Republic of Kazakhstan, the Armenian EES system operator for planning purposes;

      - adjustment of interstate flows between electricity systems (parts of electricity systems) of member states in case the calculation shows unrealisable electric modes or exceeds the maximum permissible flows in the controlled sections of the calculation model at the declared supply volumes and IHL, with due regard to ensuring the priority principles specified in sub-paragraph 2 of paragraph 4 of the Protocol on the Common Electricity Market of the Eurasian (Annex No. 21 to the Agreement on the Eurasian Economic Union):

      1) to meet the domestic needs of the Member State via the electricity system of which the IET is to be implemented;

      2) ensuring IET electricity (capacity) from one part of the electricity system of a Member State to another part via the electricity system of a neighbouring Member State;

      3) ensuring IET electricity (capacity) via the electricity system of a Member State from the electricity system of one Member State to the electricity system of another Member State;

      4) ensuring IET electricity (capacity) via the electricity system of a Member State in order to fulfil obligations towards the electricity entities of third countries outside the Union;

      - communicating the results of the above calculations to the organisation performing the function of the Belarusian UES system operator, the Kazakhstan UES system operator, and the Kyrgyz NPG management organisation.

      2.3.2. If the calculation reveals unrealizability of electric modes or exceeds the maximum permissible flows in the monitored sections of the calculation model, the planning coordinator shall send to the organisation performing the function of the Belarusian UES system operator, the Kazakhstan UES system operator, and the Kyrgyz NPG management organization, as well as the organisation managing the UNPG the values of necessary adjustments of the values of balance flows (balances) of electric power systems.

      The organisation performing the function of system operator of the Belarus UES, a system operator of the Kazakhstan UES, a management organisation of the Kyrgyzstan NPG, a system operator of the Armenian UES and a management organisation of the UNPG shall adjust the volumes of electricity (capacity) supply under all contracts, including IET based on the above priority, or take other measures to remove violations of permissible flows in the monitored cross-sections, as identified by the calculations of the planning co-ordinator.

      Information on the adjusted contractual volumes of electricity (capacity) supply under all contracts, including the IET between the Member States shall be communicated by the organisation performing the function of the system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, the organisation managing the NPG of Kyrgyzstan and the organisation managing the UNPG to the entities of the internal electricity markets of the Member States under the concluded contracts.

      2.3.3. In case of failure to receive up-to-date data for planning from the organisation performing the function of system operator of the Belarus UES, system operator of the Kazakhstan UES, management organisation of the Kyrgyzstan NPG, system operator of the Armenian EES or receipt of data containing technical errors or deliberately unreliable data, the planning coordinator shall be entitled to use substitute information the content and application procedure of which shall be established by documents approved by the organisation performing the function of the system operator of the Belarus UES, the system operator of the Kazakhstan UES, the management organisation of the Kyrgyzstan NPG, the system operator of the Armenian EES and the system operator of the Russian UES.

      2.4. Annual planning.

      2.4.1. Annual planning shall be carried out within the time limits and pursuant to the procedure determined by the organisation performing the function of system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, the management organisation of the NPG of Kyrgyzstan, the system operator of the EES of Armenia and the system operator of the UES of Russia.

      2.4.2. The organisation performing the function of the system operator of the UES of Belarus, the system operator of the UES of Kazakhstan and the UNPG management organisation shall form draft schedules on repairs of electric grid equipment for the planned calendar year and shall submit them to the planning coordinator. The planning coordinator shall bring into accordance the schedule on repairs of electric grid equipment for the planned calendar year and submit it to the organisation performing the function of the system operator of the UES of Belarus, to the system operator of the UES of Kazakhstan and to the organisation for the UNPG management. The list of power grid facilities the repairs of which are subject to agreement as part of the annual (as well as monthly) repair schedule, as well as the time regulations for its formation shall be established by the organisation performing the function of system operator of the Belarus UES, the system operator of Kazakhstan UES and the system operator of Russia UES.

      The EES System Operator of Armenia and the Kyrgyz NPG shall form and submit to the planning coordinator repair schedules for electric grid equipment of EES of Armenia and ES of Kyrgyzstan included in the calculation model. Repair schedules of power grid equipment of the Armenian and Kyrgyz ES included in the calculation model shall not be subject to approval by the planning coordinator.

      2.4.3. The organisation performing the function of the system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, including for recording the declared volumes of electricity (capacity) supply and IET across the state border between the Kyrgyz Republic and the Republic of Kazakhstan, the system operator of the Armenian EES shall provide the planning coordinator with information for annual planning for the respective national electricity system (consumption, generation, flow balances, repairs of grid equipment), formed by them based on the forecasts.

      2.4.4. The planning results shall be the refined projected balance of exchange between the UES of Russia and the UES of Kazakhstan, the UES of Kyrgyzstan and the UES of Kazakhstan, the UES of Russa and the UES of Belarus, as well as the projected volume of electricity (capacity) transfer between the UES of Russia and the EES of Armenia.

      2.4.5. The planning coordinator shall calculate the modes and send the results of the calculations to the organization performing the function of system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, the organization managing the NPG of Kyrgyzstan, the system operator of the EES of Armenia.

      2.5. Monthly planning.

      2.5.1. Monthly planning shall be performed within the time and procedure determined by the system operator of the Belarus UES, the system operator of Kazakhstan UES, the Kyrgyz NPG management organisation, the system operator of Armenia EES and the system operator of Russia UES, pursuant to the same scheme as annual planning, with data and results exchanged on a monthly basis.

      2.6. Daily and per diem planning.

      2.6.1. Daily and intraday planning shall be carried out within the terms and procedure determined by the organisation performing the function of system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, the management organisation of the NPG of Kyrgyzstan, the system operator of the EES of Armenia and the system operator of the UES of Russia.

      2.6.2 Daily organization performing the function of the system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, including taking into account the declared volumes of electricity (capacity) supply and IET across the state border between the Kyrgyz Republic and the Republic of Kazakhstan, the system operator of the Armenian EES shall provide the planning coordinator with data for updating the calculation model for the planned day (hereinafter referred to as day X) in the form of sets of 24-hour updated data (from 00.00 to 24.00), which shall include:

      - planned repairs of elements of electric grid equipment of 20 kV and above of the electricity system;

      - hourly consumption and generation schedules for the electricity system as a whole (including individual energy districts as determined by the organisation performing the function of system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, the organisation managing the NPG of Kyrgyzstan, the system operator of the EES of Armenia and the system operator of the UES of Russia when forming the composition of the calculation model);

      - hourly flow balance graphs (the surplus flow balance of the electricity system shall be taken as its deficit).

      The UNPG management organisation shall submit to the planning coordinator the aggregate values agreed with the organisation performing the function of system operator of the Belarus UES, the system operator of the Kazakhstan UES, including with regard to the declared volumes of electricity (capacity) supply and IET across the state border between the Kyrgyz Republic and the Republic of Kazakhstan, and the system operator of the Armenian EES the hourly schedules of electricity supply volumes between the UES of Russia, UES of Belarus, UES of Kazakhstan, ES of Kyrgyzstan and EES of Armenia under all types of contracts, including the IET between the Member States.

      2.6.3. In case the data for updating the calculation model have not been transferred by the organisation performing the function of the system operator of the UES of Belarus to the system operator of the UES of Kazakhstan, including with due regard for the declared volumes of electricity (capacity) and the IET supplies across the state border between the Kyrgyz Republic and the Republic of Kazakhstan, to the planning coordinator, the latter one shall use the substitute information established by the organisation performing the function of the system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, including with allowances made for the declared volumes of electricity (capacity) supply and the IET across the state border between the Kyrgyz Republic and the Republic of Kazakhstan, the Armenian EES system operator and the Russian UES system operator as agreed between them when forming the composition of the calculation model.

      2.6.4. The planning coordinator shall carry out updating of the calculation model and performance of calculations of the electric modes.

      2.6.5. The planning coordinator shall calculate the modes and transfer the results of the calculations in an agreed format to the organisation performing the function of the Belarusian UES system operator, the Kazakhstan UES system operator, the Kyrgyz NPS management organisation, the Armenian EES system operator.

      2.6.6. In case the declared values of supply volumes and the IET between the Member States are not realisable, the organisation performing the function of the Belarusian UES system operator, the Kazakhstan UES system operator, the Kyrgyz NPG management organisation, the Armenian EES system operator and the UNPG management organisation shall take measures to adjust supply volumes and the IET with due regard for the priorities determined in paragraph 2.3.1 of this Methodology.

      2.6.7. Where, as a result of unpredictable changes in electricity consumption and/or circuit conditions and/or changes in the terms of supply contracts, adjustments to the planned supply volumes and the IET between Member States are required, within the operational day, the organisation performing the function of the Belarusian UES system operator, the Kazakhstan UES system operator, including with regard to the declared volumes of electricity (capacity) supply and the IET across the state border between the Kyrgyz Republic and the Republic of Kazakhstan, the Armenian EES system operator shall submit to the planning coordinator:

      - data to update the calculation model for the current day in the form of hourly updated data sets for the remaining hours of day X to the extent corresponding to the information transferred for day-ahead planning purposes;

      - a request with a proposed volume of change in planned supply and IET between the Member States.

      2.6.8. The time limit of data submission (“the closing time of the gate”) and bringing of results of calculations shall be established for each temporary stage within a day. The transfer of data after “the closing time of the gate” shall not be allowed. Planning coordinator shall carry out updating of calculation model and performance of calculations of electrical regimes for the remaining hours of the day X.

      2.6.9. The result of planning is the refined planned hourly schedule of volumes of supplies and IHP between the member states for the remaining hours of the day X. If it is found impossible to perform the refined planned hourly schedules by virtue of the change of circuit-regime conditions after the time of per diem correction of regimes, the change of volumes of supplies and IHP between the member states shall be allowed on the conditions of provision of emergency aid or mandatory supplies of electric energy according to the relevant special agreements for supply of electric energy between the authorized economic entities of the member states.

3. The list of subjects of the member states, authorized for organization and implementation of the IHP with specification of functions, executed by each organization within ensuring of the IHP

      Footnote. Section 3 as amended by Laws of the Republic of Kazakhstan: Law of the RK No. 64-VII of 15.09.2021; Law of the RK No. 65-VII of 18.09.2021.

      3.1. In the territory of the Republic of the Belarus.

      3.1.1. Organization and implementation of IHP shall be assigned on organization, exercising the function of management of the UES of the Belarus and organization exercising the function of the system operator of the UES of the Belarus in the territory of the Republic of Belarus, with execution of the following functions:

      - rendering of services on transfer of electric energy through the transmission electric power grid (organization, subordinated to organization exercising the function of management of the UES of the Belarus, upon general coordination of organization exercising the function on management of the UES of the Belarus);

      - rendering of services on technical dispatching of IHP (organization exercising the function of the system operator of the UES of the Belarus);

      - interaction with electrical power system of contiguous states on management of parallel work and ensuring of stability (organization exercising functions of the system operator of the UES of the Belarus).

      3.2. In the territory of the Republic of Kazakhstan.

      3.2.1. Organization and implementation of IHP shall be assigned on the system operator in the territory of the Republic of Kazakhstan with execution of the following functions:

      -rendering of services on transfer of electric energy through the National electrical grid;

      - rendering of services on technical dispatching of supply to the network and consumption of electric energy;

      - rendering of services on organization of balancing of production – consumption of electric energy;

      - interaction with electrical power systems of contiguous states on management and ensuring of stability of regimes of parallel work.

      3.3. In the territory of the Russian Federation.

      3.3.1. Ensuring of IHP between the member states through the UES of the Russia in accordance with the legislation of the Russian Federation shall involve implementation of the complex of actions, related with:

      3.3.1.1. Rendering of services on operational dispatch management in the electrical energy industry, as well as on management of regimes of parallel work of the UES of the Russia and electrical power systems of other member states, ensuring of replacement of electric energy (power) and coordinated planning;

      3.3.1.2. Rendering of services on transfer (movement) of electric energy through the Unified National (All-Russia) Electricity Grid, as well as for ensuring of IHP between the member states;

      3.3.1.3. The features of circulation of electric energy and power on the wholesale market of electric energy and power of the Russian Federation, as well as in the case of necessity of ensuring of interrelated and simultaneous supply of equal volumes of electric energy (power) in the UES of the Russia and from it through the different supply points, located in the border (borders) of the Russian Federation with the member states.

      3.3.2.IHP between the member states shall be ensured by the following authorized organizations:

      3.3.2.1. System operator of the UES of the Russia – in a part of organization and management of regimes of parallel work of the UES of the Russia with the UES of the Kazakhstan and UES of the Belarus;

      3.3.2.2. Organization on management of the UNEG – in a part of rendering of services, related with movement (with the use of principle of replacement) of electric energy upon IHP between the member states through the UES of the Russia and organization of the parallel work of the UES of the Russia with the UES of the Kazakhstan and UES of the Belarus, as well as interaction with foreign authorized organizations on planning of IHP (annual, monthly, hourly), separation of actual hourly volumes of electric energy, moved through the state border of the Russian Federation and member states in recognition of corrected planned volumes on commercial contracts; determination of hourly deviations of actual volumes, moved through the state border between the Russian Federation and the member states from planned; carrying out of commercial accounting of electric energy in the supply points, located in the general boundaries of the member states;

      3.3.2.3. Commercial operator – organization exercising the function on organization of the wholesale trade of electric energy, power and other goods and services, admitted to circulation in the wholesale market;

      3.3.2.4. Organization exercising the function on rendering of services on calculation of requirements and obligations of participants of wholesale trade;

      3.3.2.5. Commercial agent – participant of wholesale market of electric energy and power, carrying out of export-import operations, in a part of organization of an access to participation of volumes of electric energy (power), applied for ensuring of IHP between the member states, in relations in the wholesale market of electric energy and power and regulation of relations, related with deviations of actual net power flows from the planned.

      3.4. On the territory of the Republic of Armenia.

      3.4.1. On the territory of the Republic of Armenia, the Armenian EES system operator shall be responsible for organising the IET in terms of organisation and management of the operation modes of electric connections between the Armenian EES and the energy systems of third countries, through which electric power (capacity) is transferred between the Armenian EES and the UES of Russia, with the following functions:

      - short-term planning and dispatch management of the Armenian EES;

      - operational management of the Armenian EES;

      - transmission network development planning;

      - ensuring the parallel operation of the Armenian EES with the regional electricity systems, as well as performance of other non-exclusive functions as stipulated in the license conditions and market rules;

      - interaction with system operators of electric power systems of third countries to organise and manage the operation modes of electric connections between the EES of Armenia and those of third countries.

      3.4.2. On the territory of the Republic of Armenia, the implementation of IET shall be entrusted to the authorised organisation engaged in transmission of electric power (capacity) across the territory of the Republic of Armenia (hereinafter, the Armenian grid operator), with the function of providing services for the transmission of electric power via the Armenian EES and the transit of electric power (capacity) to third countries.

      3.4.3. Within the territory of the Republic of Armenia, control and accounting of the IET shall be entrusted to the authorised organisation providing market operator services, with the following functions:

      - organisation of the operation of Armenia's internal wholesale electricity market;

      - accounting for the participants of the Armenian internal wholesale electricity market;

      - recording of contracts concluded between the participants of the Armenian domestic wholesale electricity market and contracts providing for import or export of electricity;

      - recording of electricity (capacity) purchased and sold in compliance with the contracts concluded in the Armenian domestic wholesale electricity market, as well as contracts providing for import or export of electricity;

      - preparation and submission of documents to participants of the Armenian domestic wholesale electricity market and service providers;

      - performing other non-exclusive functions as provided for in the licence conditions and market rules.

      3.5. On the territory of the Kyrgyz Republic.

      On the territory of the Kyrgyz Republic, the organisation and implementation of the IET shall be entrusted to the Kyrgyz NPG management organisation with the following functions:

      - provision of electricity transmission services on the national 110-500 kV power grids;

      - operational and dispatch management of the national electricity grid;

      - real-time management of electricity and capacity production and consumption regimes in the Kyrgyz Republic;

      - provision of services to cover irregularities in daily power flow schedules (capacity regulation);

      - interaction with authorised organisations of the electricity systems of neighbouring states for the management and sustainability of parallel operation.

4. The list of the elements of the natural monopoly entities upon carrying out of IHP, included to the tariff

      Footnote. Section 4 as amended by Laws of the Republic of Kazakhstan No. 64-VII of 15.09.2021; Law of the RK No. 65-VII of 18.09.2021.

      4.1. In the territory of the Republic of Belarus.

      4.1.1. Expenses Cset for the services on IHP on the transmission network of the Republic of Belarus (hereinafter – TN), included to the tariffs of the natural monopoly entities upon implementation of IHP between the member states, calculated according to the formula:

      Cset = C(1+IF)(1+PR)(1+T), where

      C – general costs for maintenance and operation of TN, attributable to IHP between the member states, determined in the manner established by the authorized state body;

      IF – a share of assignments to the innovation fund;

      PR – a share of assignments for the profit, determined in the manner established by the legislation of the Republic of Belarus;

      T – a share of allocations for taxes;

      General costs 3 includes: the costs for operational and repair service; salary; depreciation; other cash expenses (auxiliary materials, energy from side, social insurance contributions and other); the costs for compensation of electric energy losses.

      4.1.2. Tariff for services on IHP through the networks of the UES of the Belarus shall be calculated according to formula:



      T – tariff for services on IHP through the networks of the UES of the Belarus;

      Et – summary volume of IHP between the member states through the networks of the UES of the Belarus.

      4.2. In the territory of the Republic of Kazakhstan.

      4.2.1. Tariff for services on transfer of electric energy, as well as IHP between the member states, applied for consumers, carrying out the transfer of electric energy, as well as IHP through the networks of the national electrical grid (hereinafter – NEG) shall be calculated according to formula:



      T – tariff for services on transfer of electric energy, as well as IHP between the member states, applied for consumers, carrying out the transfer of electric energy, as well as IHP through the networks NEG (tenge/kilowatt-hour);

      Z – the general costs of the NEG of the Republic of Kazakhstan for the services on transfer of electric energy, as well as IHP, determined in the manner established by the legislation (mln. tenge);

      P – a level of profit, necessary for effective functioning of NEG upon rendering of services on transfer of electric energy, as well as IHP, determined in the manner established by the legislation of the Republic of Kazakhstan (mln. tenge);

      Wsum – a summary volume of transfer of electric energy of NEG (mln. kilowatt-hour), applied on agreements and contracts.

      4.2.2. The general costs for the services on transfer of electric energy through the NEG and level of profit, necessary for effective functioning upon rendering of services on transfer of electric energy (determined on the basis of involvement of assets) shall be included to the tariff income in accordance with the legislation of the Republic of Kazakhstan upon calculation of tariff for the services on transfer of electric energy through the NEG.

      The costs included to the tariff for the services on transfer of electric energy shall be determined in accordance with the legislation of the Republic of Kazakhstan.

      4.3. In the territory of the Russian Federation.

      4.3.1. General provisions.

      The tariff for rendering of services on transfer of electric energy through the UNEG shall be established in the form of 2 rates in accordance with the legislation of the Russian Federation: the rates for the maintenance of electrical grids and rates for the compensation of electrical energy losses in the UNEG.

      The same for the elements of expenses which included to the tariff for the rendering of services on IHP between the member states through the UES of the Russia shall be subdivided into the element of expenses of tariff for the services on IHP between the member states for the maintenance of objects of the UNEG and element of expenses of tariff for the services on IHP between the member states for compensation of electric energy losses and power in the UNEG.

      4.3.2. Determination of expenses, included to the tariffs of the natural monopoly entities upon implementation of IHP between the member states.

      4.3.2.1. The list of the elements of expenses of tariff for the services on IHP between the member states for the maintenance of objects of the UNEG.

      The power applied to IHP between the member states, determined in the “exit point” of flow of electric energy from the electrical power system of the state, through the electrical grids of which the IHP between the member states is implemented.

      The following economically justified expenses, established by the national regulatory body for the relevant accounting period shall be considered upon calculation of the rate for the maintenance of objects of the UNEG:

      - operating expenses;

      - independent expenses;

      - return on invested capital (depreciation deductions) on investments;

      - return on invested capital;

      4.3.2.2. The list of the components of expenses of tariff for the services on IHP between the member states for the compensation of electric energy losses and power in the UNEG.

      Expenses for the compensation of electric energy losses and power in the UNEG shall be determined on the basis of regulatory losses of electric energy in the UNEG, reduced by the amount of electric energy losses, considered in the equilibrium prices for the electric energy, and prices of purchase of electric energy and power, formed in the wholesale market according to the results of each accounting period on TSG (technical support group), corresponding to the “exit point” of flow of electric energy from electrical power system of the state, through the electrical grids of which the IHP between the member states is implemented in recognition of the cost of services of infrastructure organizations of the relevant national market.

      4.4. On the territory of the Republic of Armenia.

      4.4.1. In compliance with the legislation of the Republic of Armenia, the tariff for electricity transmission services on high voltage electricity networks, including the IET between the Member States shall be approved by the authorised state body of the Republic of Armenia and shall be calculated pursuant to the following formula:

      T=RI °(dram/kWh)

      Wtotal,

      where:

      T is the tariff (without value added tax) for electricity transmission services on high voltage electricity networks, including interstate transmission between Member States (dram/kWh);

      RI is the required annual income of the grid operator of the Republic of Armenia that transmits electricity via high-voltage power grids, which is determined in conformity with the legislation of the Republic of Armenia and includes the necessary and reasonable costs of electricity transmission services via high-voltage power grids, depreciation of fixed and intangible assets, as well as profit necessary for the efficient functioning of the maintaining high voltage electricity network organisation in the provision of electricity transmission services (dram);

      Wtotal is the total annual volume of electricity transmission through the high voltage power grids, as declared under contracts and agreements, both for consumers in the Armenian domestic wholesale electricity market and for exports (kWh).

      4.4.2. Value added tax on electricity transmission services on high voltage electricity networks shall be determined in conformity with the legislation of the Republic of Armenia.

      4.5. On the territory of the Kyrgyz Republic.

      4.5.1. In compliance with the legislation of the Kyrgyz Republic, the tariff for electricity transmission services over national electricity grids, including the IET between the Member States shall be calculated based on the following formula:

      T=C+P (KGS/kWh)

      V,

      where:

      T is the tariff (excluding value added tax) for electricity transmission services on the national electricity grid (KGS/kWh);

      C is the total annual costs of the Kyrgyz NPG management organisation for electricity transmission services over the national electricity grid, determined in compliance with the procedure established by the legislation of the Kyrgyz Republic (million KGS);

      P is the annual rate of profit (million KGS);

      V is the annual cumulative volume of electricity transmission declared under contracts and agreements (million kWh).

      4.5.2. The total annual costs of the Kyrgyz NPG management organisation for electricity transmission services on the national electricity grid shall include maintenance costs (including material labour and other costs), debt service (loans) and depreciation on assets invested, capital investments, costs of compensation for electricity losses, purchase of electricity, deductions to state authorities, etc.

      The costs included in the tariff for electricity transmission services on national electricity grids shall be determined in compliance with the legislation of the Kyrgyz Republic.

5. The list of elements, related with implementation of IHP, not included to the tariffs of the natural monopoly entities

      Footnote. Section 5 as amended by Laws of the Republic of Kazakhstan No. 64-VII of 15.09.2021; Law of the RK No. 65-VII of 18.09.2021.

      5.1. In the territory of the Republic of Belarus.

      The system costs Csyst shall include the costs for the maintenance of generating reserve margin, approved by the authorized state body in the Republic of Belarus for ensuring of IHP between the member states, determined in recognition of the share of power of IHP in the total value of power, transferred through the grids of the UES of the Belarus, as well as for the services on technical dispatching of IHP between the member states.

      5.2. In the territory of the Republic of Kazakhstan.

      The expenses shall not be considered in accordance with the legislation of the Republic of Kazakhstan upon formation of the tariff for the services on IHP between the member states.

      5.3. In the territory of the Russian Federation.

      The volumes of electric energy, subjected to IHP between the member states shall be considered in the wholesale market upon filling of price bids, conducting of competitive selection of price bids for the day-ahead, determination of market prices and shares of the system costs, related with interrelated and simultaneous supply of equal volumes of electric energy (power) in the different supply points in the border (borders) of the UES of the Russia for the purposes of ensuring of replacement of electric energy (power). The system costs include the following elements:

      5.3.1. The element related with compensation of the cost of the load losses of electric energy and system restrictions upon implementation of IHP between the member states through the UES of the Russia (the difference in nodal prices):


where


- the price, established according to the result of competitive selection of the price bids for the day-ahead in the hour h of month m for the section of export-import, corresponding to the “exit point” of flow of electric energy from the UES of the Russia within the IHP;

- the price, established according to the result of competitive selection of price bids for the day-ahead in the hour h of month m for the section of export-import, corresponding to the “exit point” of flow of electric energy from the UES of the Russia within the IHP;

- the volume of IHP through the UES of the Russia in the hour h of month m.

      5.3.2. The element related with necessity of availability of generating reserve margin for implementation of working regimes of the UES of the Russia, ensuring the IHP:

      Sm2= PeakmЧ(Rplan.FPTZires-1)ЧPCOM_prelim.FPTZi, where:

      Peakm - peak capacity, corresponding to the maximum applied hourly volume of IHP in the month m;

      Rplan.FPTZires - a planned cash reserve ratio in the FPTZi, considered by the system operator upon conducting of competitive selection of power for the relevant year;

      PCOM_prelim.FPTZi - preliminary price of competitive selection for the consumers in the FPTZi for the relevant year (determined by the system operator in accordance with the rules of wholesale market of electric energy and power);

      FPTZi – a free power transfer zone, which includes the supply points, corresponding to the “exit point” of electric energy from the UES of the Russia upon implementation of the IHP.

      The difference between the planned prices for buyers, determined according to the results of competitive selection of power, in the free power transfer zones (groups of free power transfer zones), corresponding to the points of “entry” and “exit” of IHP shall be also considered upon determination of the cost of IHP.

      5.4. On the territory of the Republic of Armenia.

      The tariff for the IET services between the Member States shall not include expenses in pursuance of the legislation of the Republic of Armenia.

      5.5. On the territory of the Kyrgyz Republic.

      When setting the tariff for the IET services between the Member States, the costs pursuant to the legislation of the Kyrgyz Republic shall not be taken into account.

6. IET contractual requirements in conformity with the legislation of the Member States

      Footnote. Section 6- as amended by Law of the RK No. 64-VII of 15.09.2021; as reworded by Law of the RK No. 65-VII of 18.09.2021;

      6.1. On the territory of the Republic of Belarus.

      The IET between the Member States via the electricity system of the Republic of Belarus shall be implemented under the condition that the volumes of electricity and capacity intended for IET according to section 1 and paragraphs 2.4 - 2.6 of section 2 of this Methodology and the IET contracts with the authorised organisation of the Republic of Belarus are agreed upon.

      The cost of the IET services for each contract shall be determined pursuant to the following formula:

      CIET=Zgr+Zsyst.

      6.2. On the territory of the Republic of Kazakhstan.

      On the territory of the Republic of Kazakhstan, the IET between the Member States shall be performed under the contracts for the provision of electricity transmission services, concluded in compliance with the standard form, approved by the Government of the Republic of Kazakhstan. At the same time, the IET contracts may consider peculiarities of such transmission.

      6.3. On the territory of the Russian Federation.

      6.3.1. The IET between the Member States via the UES of Russia shall be subject to the following agreements:

      6.3.1.1. Commercial agent agreements with an authorised organisation from the Republic of Belarus, or the Republic of Kazakhstan, or the Kyrgyz Republic, or the Republic of Armenia to ensure access to services of natural monopoly entities and interconnected and simultaneous supply of equal volumes of electricity (capacity) declared for the IET at different supply points at the border (borders) of the UES of Russia.

      The cost of the IET between the Member States via the UES of Russia in month m shall be determined in such contracts pursuant to the following formula:


      QmIET = QmMO_IET+ QmSO_IET +QmCS_IET


      where:

      QmMO_IET - the cost of the services of the organisation for the management of the UNPG, payable in compliance with the legislation of the Russian Federation;

      QmSO_IET - the cost of system operator services payable in conformity with the legislation of the Russian Federation;

      QmCS_IET - cost of services related to actions on the wholesale electricity (capacity) market accompanying the IET through UES of Russia in month m;


      QmSO_IET=Sm1+Sm2+QmATS_IET+ QmDGT_IET+QmAGENT_IET


      where: 

      QmATS_IET - the cost of the commercial operator's services for organising wholesale trade in electricity, capacity and other goods and services admitted to circulation on the wholesale market in month m;

      QmDGT_IET - the cost of a comprehensive claims and liabilities calculation service, as determined by the contract for joining the wholesale market trading system in month m;

      QmAGENT_IET - the costs of the commercial agent, determined bilaterally in contracts concluded by the commercial agent.

      In case of the IET through the territory of the Russian Federation for the purpose of supplying electricity to the Republic of Armenia (from the Republic of Armenia), the indicated value shall also include the compensation of expenses, confirmed by reporting documents of commercial infrastructure organisations of the Russian Federation, incurred by the commercial agent on the wholesale electricity (capacity) market of the Russian Federation, related to the specifics of determining the actual volume of the IET in such cases.

      6.3.1.2. Agreements (technical agreements) on the parallel operation of electricity systems between the organisations of neighbouring Member States that perform the functions of operational dispatch management in the electricity sector and the transmission (relocation) of electricity on the national electricity grid.

      6.3.1.3. Power purchase and sale agreements between authorised organisations of the Russian Federation (in compliance with Section 3 of this Methodology) and neighbouring Member States concluded in order to compensate for the values of deviations of actual balances of power flows across interstate cross-sections from the planned values arising from the movement of electricity across state borders of the Member States and determined in conformity with the procedure agreed upon by the Member States.

      6.3.2. The IET through the territory of the Russian Federation for the purpose of supplying electricity to the Republic of Armenia (from the Republic of Armenia) shall be implemented with the settlement of issues related to:

      - the provision of parallel operation of the UES of Russia and the power system of a third state between the respective authorised organisations;

      - the organisation of the exchange of commercial metering data on hourly actual volumes of inter-state electricity flows between the relevant economic entities of the Russian Federation and a third country;

      - the determination of the actual balances of electricity flows transferred across the state borders of the Russian Federation and the third state, and hourly deviations of actual electricity flows from the planned values arising from electricity flows across the state borders of the Russian Federation and the third state and determined in obedience to the procedure agreed upon by such states;

      - the allocation of the volume of electricity transferred across the state borders of the Russian Federation and the third country under contracts concluded between economic entities of the Russian Federation and the third country, including IET volumes;

      - the purchase and sale of electricity for the purpose of settling hourly deviations of actual balances of electricity flows from the planned values arising from the movement of electricity across the state borders of the Russian Federation and a third state, and determined in accordance with procedures agreed upon by such states, between authorised economic entities of the Russian Federation and the third state.

      6.4. On the territory of the Republic of Armenia.

      The IET shall be performed based on the contracts for electric power transmission services, concluded in compliance with the standard form, approved by the authorised state body of the Republic of Armenia. At the same time, the IET contracts may take into account peculiarities of such transmission, related to the transmission of electric energy through energy systems of third countries.

      6.5. Issues related to the need for transmission of electricity (capacity) between the Republic of Armenia and the Russian Federation across the territories of third countries in the implementation of the IET shall be regulated on a bilateral basis by the economic entities of the Member States interested in the implementation of IET with the relevant economic entities of the third countries.

      6.6. On the territory of the Kyrgyz Republic.

      In the territory of the Kyrgyz Republic, the IET between the Member States shall be performed based on contracts for electricity transmission services, concluded with the Kyrgyz NPG management organisation in compliance with this Methodology.

7. Procedure of organization of data exchange of commercial accounting on hourly actual volumes of interstate flows of electric energy between the economic entities of the member states

      7.1 This Procedure shall determine the basic directions of bilateral cooperation in terms of reception of hourly data of commercial accounting; procedure of determination of operational6 hourly flow of electric energy through the interstate transmission lines (hereinafter – ITL(interstate transmission lines)) between the Republic of Kazakhstan and Russian Federation in recognition of the use of hourly data of commercial accounting and coordinated methods before calculation of specified data of commercial accounting to values ??at the supply points; procedure, determining the procedures of data exchange of commercial accounting and coordination of data of commercial accounting, led to the values in the supply points.

      Conditions and procedure of formation and exchange of hourly data of commercial accounting of electric energy through the ITL shall be determined in accordance with bilateral Agreements on data exchange of hourly values of flows of electric energy on the points on the ITL.

      7.2. Operational exchange of information.

      The relevant economic entities of the member states shall form the values of hourly flows of electric energy through the ITL, exchange the data received, perform the relevant calculations, make conformity assessment of data on a daily basis (or in coordination of the member states in a different time period).

      The coordinated formats of data transmission shall be used for operational exchange of information, contained the values of hourly flows of electric energy, transferred through the ITL.

      7.3. Calculation of hourly values at the supply point.

      Calculation of hourly values at the supply point shall be performed in accordance with methods of calculation of actual volumes of transferred and received electric energy, coordinated in bilateral Agreements.

      _________________________

      6 Operational hourly flow shall be regarded as hourly data of commercial accounting (half-hour or hourly), received in relation of all accounting points, included in the flow from automated systems of commercial accounting of electric energy (hereinafter – ASCAEE) with the use of technical possibilities of complexes of commercial accounting.

8. Procedure of determination of actual net power flow of electric energy on interstate transmission lines of the member states

      Footnote. Section 8 as amended by Law of the RK No. 6-VII of 15.02.2021.

      This procedure, which determines actual volumes moved through the interstate sections of electric energy for the calendar month, is intended for the use by the authorized organizations of the member states.

      Actual net power flow of electric energy, moved through the interstate sections of the member states shall be determined as the algebraic sum of the amount of electric energy, received (WП1_гран) and/or given (WO1_гран) for each calendar month in each supply point (WСальдо_гран).

      The values of electricity brought to the customs border of the Union and/or the state border of a Member State with other Member States (to the delivery point) for a calendar month for all the of interstate power lines included in operation in the "Receive", "Return" and balance modes shall be calculated according to the formulas:




      WСальдо_гран, = WП1_гран + WО1_гран, where:

      W(factП1)i – actual amount of received electric energy in each supply point on i-th ITL for the calendar month. The value is taken in recognition of the sign (direction of flow) for substitution in the formula of calculation of the net power flow;

      W(fact01)i – actual amount of electric energy given in each supply point on i-th ITL for the calendar month. The value is taken in recognition of the sign (direction of flow) for substitution in the formula of calculation of the net power flow;

      R – the amount of ITL in the interstate section, included to the work during a calendar month.

9. Procedure of calculation of volumes and the cost of deviations of actual flows on the interstate sections from the planned upon carrying out of IHP within the Union

      Footnote. Section 9 as amended by Laws of the Republic of Kazakhstan: Law of the RK No. 64-VII of 15.09.2021; Law of the RK No. 65-VII of 18.09.2021.

      Actual supplies on the interstate sections shall include the following elements: volumes of IHP, volumes of commercial agreements, concluded by the economic entities of the member states, volumes of emergency aid and volumes, conditioned by the deviation of actual values of net power flows from the planned.

      Calculation of hourly deviations of the actual balancing flow from the planned one and determination of the volume of deviations depending on their initiative shall be performed by the UNPG management organisation, the system operator of the UES of Russia, the organisation performing the function of the system operator of the UES of Belarus, the system operator of the UES of Kazakhstan, the organisation managing the NPG of Kyrgyzstan, the system operator of the EES of Armenia based on the following principles:

      - when carrying out the IET on the territory of the Russian Federation, hourly values of the IET volumes shall be taken as equal to the corresponding planned values taken into consideration in the daily dispatcher's schedule. When carrying out the IET on the territory of the Russian Federation for the purpose of supplying electricity to the Republic of Armenia (from the Republic of Armenia), the actual balance of electricity flows transferred across the state borders of the Russian Federation with a third country and across the state borders of a third country with the Republic of Armenia, considering the priority determined in paragraph 2.3.1 of this Methodology, is less than the planned value, then the actual hourly IET volume under the commercial agent contracts with the concerned economic entities of the Member States, as well as the actual hourly electricity transmission volume under the contract for electricity transmission services with the relevant economic entity of the third country, shall be taken equal to the minimum value of the respective values of the actual balances of electricity exchanges, moved across the state borders of the Russian Federation with a third state and across the state borders of a third state with the Republic of Armenia.

      - actual hourly volumes of supply of electric energy on commercial agreements in each hour of calculation period shall be taken to be equal to the relevant planned values, considered in the per diem dispatch schedule in recognition of corrections, coordinated in the established procedure;

      - volumes of hourly deviations, regulated within relations with electrical power systems of third states, (external balancing) shall be considered in the volumes of deviations within the Union. Procedure of determination of volumes of external balancing shall be coordinated by the system operators (with participation of organization on management of the UNEG) of adjacent electrical power systems of the member states;

      - volumes of rendering of emergency aid shall be determined by conditions of agreements of sale and purchase upon rendering of emergency aid, concluded between the subjects of internal national markets.

      Volumes of hourly deviations shall subject to financial regulation between the authorized economic entities of the member states in accordance with agreements, conclusion of which in ensuring of IHP for each member states is provided by section 6 of this Methodology.

      The cost of deviations shall compensate to the subjects of internal national markets of electric energy (power) the reasonable costs, which they bear in the results of participation in relations on balancing of system in the national market of electric energy (power) based on the need of observance of terms of agreements (technical agreements) on parallel work of electrical power systems, as well as in a part of regulation of frequency in the electrical power systems of the member states and maintenance of coordinated net power flows on the interstate sections.

      Calculation of the cost of deviations shall be performed in recognition of special order of accounting of volumes of purchase and sale of electric energy (power) for the purposes of technological support of parallel work of electrical power systems in the volumes, not exceeding values, established in agreements (technical agreements) on parallel work of electrical power systems or other agreements, regulating relations in the scope of electrical energy industry between the member states.

      When carrying out the IET across the territory of the Russian Federation, when transmission of electricity (capacity) to the Republic of Armenia (from the Republic of Armenia) and/or to the Kyrgyz Republic (from the Kyrgyz Republic) is not required, the quantitative and price parameters of electricity (capacity) purchased and sold for compensation of deviations used in the calculation shall be confirmed by reporting documents of commercial infrastructure organisations of the Russian Federation.

      When carrying out the IET across the territory of the Russian Federation for the purpose of supplying electricity (capacity) to the Kyrgyz Republic (from the Kyrgyz Republic), the quantitative and price parameters of electricity (capacity) purchased and sold to compensate for deviations at the supply points on the state borders of the Russian Federation with the Republic of Kazakhstan used in the calculation, shall be confirmed by reporting documents of commercial infrastructure organisations of the Russian Federation, and at the state borders of the Republic of Kazakhstan with the Kyrgyz Republic - by reporting documents drawn up between the system operator of the Republic of Kazakhstan and the Kyrgyz NPG management organisation.

      When carrying out the IET through the territory of the Russian Federation to supply electricity to the Republic of Armenia (from the Republic of Armenia), the quantitative and price parameters of electricity (capacity) purchased and sold to compensate for deviations at delivery points on the state borders of the Russian Federation with a third country, that are used in calculation, shall be confirmed by reporting documents of commercial infrastructure organisations of the Russian Federation, and at the state borders of the third country with the Republic of Armenia by reporting documents of the authorised organisation providing market operator services on the territory of the Republic of Armenia.

      Repeated accounting of volumes of electric energy (power) shall not be allowed upon calculation of the cost of supplies on agreements.

  ANNEX No.22
  to Agreement on Eurasian
  Economic Union

MINUTE
on rules of access to the services of natural monopoly
entities in the scope of gas transportation through the
gas pipeline systems, including the basics of
pricing and tariff policy

      1. This Minute shall determine the basics of cooperation in the gas scope, principles and conditions of ensuring of access to the services of natural monopoly entities in the scope of gas transportation through the gas pipeline systems, including the basics of pricing and tariff policy, for satisfaction of needs of the member states in accordance with Articles 79, 80 and 83 of Agreement on Eurasian Economic Union (hereinafter – Agreement).

      2. The concepts used in this Minute shall have the following meanings:

      “internal needs for water” – volumes of gas, necessary for consumption in the territory of each member states;

      “gas” - gaseous mixture of hydrocarbon gases and other gases, recovered and (or) produced in the territory of the member states, consisting essentially of methane transported in a compressed gaseous state through the gas pipeline systems;

      “gas producing member states” – member states, in the territory of which the gas consumed more than recovered and produced;

      “gas-consuming member states” – member states, in the territory of which the gas consumed more than recovered and produced;

      “gas pipeline systems” – constructions for gas transportation, including main gas pipelines and objects related with it by the unified technological process, except for the gas distribution networks;

      “access to the services of the natural monopoly entities in the scope of gas transportation” – provision a right to use the gas pipeline systems, controlled by the natural monopoly entities of the member states, for gas transportation;

      “equal-netback pricing for gas”- wholesale prices for gas, formed for satisfaction of internal needs based on the following principles:

      for the gas producing member states, formation of wholesale market price is carried out by deduction from the selling price of gas in the external market of value the duties, charges, taxes and other payments, collected in these states, and the costs of gas transportation outside the gas producing member states in recognition of difference in the cost of gas transportation in the external and internal markets of gas supplier;

      for the gas-consuming member states - wholesale market price, formation of which is carried out by producer of gas producing member state by deduction of duties, charges, taxes, other payments, as well as the costs of gas transportation outside the gas producing member states from the selling price of gas in the external market;

      “gas transportation services” – services for the movement of gas through the gas pipeline systems;

      “authorized bodies” – state bodies, authorized by the member states for control of implementation of this Minute.

      3. The member states shall carry out the gradual formation of common gas market of the Union, as well as ensure an access to the services of natural monopoly entities in the scope of gas transportation through the gas pipeline systems of the member states based on the following principles:

      1) non-application of imported and exported customs duties (other duties, taxes and charges, having an equivalent value) in the mutual trade;

      2) priority provision of internal needs for gas of the member states;

      3) prices and tariffs for the services on gas transportation for satisfaction of internal needs of the member states shall be carried out in accordance with the legislation of the member states;

      4) unification of rules and standards for gas of the member states;

      5) ensuring of environmental safety;

      6) information exchange on the basis of information, including details on internal consumption of gas.

      4. An access to the services of natural monopoly entities in the scope of gas transportation shall be provided in accordance with conditions of this Minute only in relation of gas, originating from the territory of the member states. Provisions of this Minute shall not be distributed on relations of access to the services of natural monopoly entities in the scope of gas transportation relating to the gas, originating from the territory of third states, and on relations in the scope of gas transportation from the territory and to the territory of the Union.

      5. The condition of ensuring of access to the services of natural monopoly entities, provided by this Minute in the scope of gas transportation through the gas pipeline systems of the member states shall be implementation of the complex of measures by the member states, including the following measures:

      creation of system of information exchange on the basis of information, including details on internal consumption of gas;

      creation of mechanisms for preparation of indicative (forecast) balances in accordance with this Minute;

      unification of rules and standards for gas of the member states;

      support of market prices, ensuring commercial viability of gas sales in the territories of the member states.

      Completion of execution by the member states the complex of measures, specified in this paragraph shall be formed by the relevant minute.

      6. The member states shall seek to achieve equal-netback pricing for gas in the territories of all member states.

      7. After execution by the member states the complex of measures, stated in paragraph 5 of this Minute, the member states shall ensure an access of economic entities of other member states to the gas pipeline systems, located in the territories of the member states, for gas transportation, intended for satisfaction of internal needs of the member states within existing technical possibilities, free capacity of gas pipeline systems, in recognition of coordinated indicative (forecast) gas balance of the Union and on the basis of civil law agreements of economic entities, according to the following rules:

      economic entities of the member states shall have an access to the gas pipeline systems of another member state on equal conditions, including tariffs, with gas producers, that are not the owners of gas pipeline system of the member state, along the territory of which transportation is carried out;

      volumes, prices and tariffs for gas transportation, as well as commercial and other conditions of gas transportation through the gas pipeline systems shall be determined by the civil law agreements between the economic entities of the member states in accordance with the legislation of the member states.

      The member states shall contribute to the proper implementation of existing agreements for gas transportation through the main gas pipelines between the economic entities, carrying out activity in the territory of their states.

      8. Authorized bodies of the member states shall develop and coordinate indicative (forecast) gas balance of the Union (production, consumption and supply for satisfaction of internal needs, as well as mutual), which is made for 5 years and annually clarified until 1 October, with participation of Commission, in accordance with Methodology of formation of indicative (forecast) gas balances, oil and petroleum products.

      The member states shall provide an access to the services of natural monopoly entities in the scope of gas transportation to the internal markets of the member states in recognition of coordinated gas balance.

      9. The member states shall seek to develop long-term mutually beneficial cooperation in the following scopes:

      1) gas transportation through the territories of the member states;

      2) construction, reconstruction and operation of gas pipelines, underground storage facilities and other objects of infrastructure of gas complex;

      3) rendering of services, necessary for satisfaction of internal needs for gas of the member states.

      10. The member states shall ensure unification of regulatory and technical documents, regulating functioning of gas pipeline systems, located in the territories of the member states.

      11. This Minute shall not affect the rights and obligations of the member states, following from other international treaties, participants of which they are.

      The legislation of the member states shall be applied to relations of the member states in the scope of gas transportation, not regulated by Agreement.

      12. Provisions of section XVIII of Agreement shall be applied to the natural monopoly entities, carrying out gas transportation in recognition of features, provided by this Minute.

      13. Bilateral agreements, concluded between the member states in the field of gas supply shall have effect for the period before entering of international treaty on formation of common gas market of the Union, provided by paragraph 3 of Article 83 of Agreement into legal force, if relevant member states do not agree otherwise.

  ANNEX No.23
  to Agreement on Eurasian
  Economic Union

MINUTE
on procedure of organization, management, functioning
and development of general markets of oil and
petroleum products

      1. This Minute shall determine the basics of cooperation in the oil scope, principles of formation of common market of oil and petroleum products of the Union, as well as principles of ensuring of access to the services of natural monopoly entities in the scope of transportation of oil and petroleum products in accordance with Articles 79, 80 and 84 of agreement on Eurasian Economic Union (hereinafter-Agreement).

      This Minute is developed in recognition of provisions of Concept of formation of common energy market of the member states of the Eurasian Economic Community dated 12 December, 2008 and for the purposes of effective use of potential fuel and energy complexes of the member states, as well as ensuring of national economics of oil and petroleum products.

      2. The concepts used in this Minute shall have the following meanings:

      “access to the services of natural monopoly entities in the scope of transportation of oil and petroleum products” – provision of a right to use the systems of transportation of oil and petroleum products, controlled by the natural monopoly entities of the member states, for transportation of oil and petroleum products;

      “oil and petroleum products” – goods, determined in accordance with the Unified Trade nomenclature of foreign economic activity of Eurasian Economic Union and Unified Customs Tariff of Eurasian Economic Union;

      “common market of oil and petroleum products of the member states” – a set of trade and economic relations of economic entities of the member states in the scope of production, transportation, supply, processing and marketing of oil and petroleum products in the territories of the member states, necessary for satisfaction of the needs of their member states;

      “indicative (forecast) balances of oil and petroleum products of the Union” – a system of prediction indicators, determined in the methodology of formation of indicative (forecast) balances of gas, oil and petroleum products;

      “transportation of oil and petroleum products” – commission of actions, directed to movement of oil and petroleum products by any method, as well as with the use of pipeline transportation from the point of its reception from the sender to the point of delivery to the recipient, including discharge, loading, transfer to other type of transport, storage, blending.

      3. Upon formation of common markets of oil and petroleum products of the Union, the member states shall proceed from the following basic principles:

      1) non-application of quantitative restrictions and exported customs duties (other duties, taxes and charges, having equivalent value) in the mutual trade. Procedure of payment of exported customs duties for oil and petroleum products upon export them outside the customs territory of the Union shall be determined by the separate, as well as bilateral agreements of the member states;

      2) priority ensuring of the needs of the member states in the oil and petroleum products;

      3) unification of rules and standards for oil and petroleum products of the member states;

      4) ensuring of environmental safety;

      5) information support of common markets of oil and petroleum products of the Union.

      4. The member states shall carry out a complex of the following measures on formation of common markets of oil and petroleum products of the Union, including:

      1) creation of system of information exchange on the basis of customs information, including details on supplies, export and import of oil and petroleum products by all types of transport;

      2) creation of control mechanisms, preventing violation of conditions of this Minute;

      3) unification of rules and standards for oil and petroleum products of the member states.

      5. The measures, specified in paragraph 4 of this Minute shall be implemented by signing of methods or rules by the member states or their authorized bodies within relevant international treaties.

      6. The member states shall ensure the following conditions in accordance with international treaties between the member states within existing technical possibilities:

      1) guaranteed possibility of carrying out of long-term transportation of produced oil and petroleum products, produced from it on the existing transport system in the territories of the member states, as well as on systems of main oil pipelines and oil-products pipelines;

      2) access to the transportation systems of oil and petroleum products, located in the territory of each member states, for the economic entities, registered in the territories of the member states, on the same terms as for the economic entities of the member states, through the territories of which the transportation of oil and petroleum products is carried out.

      7. Tariffs for services on transportation of oil and petroleum products on transportation systems of oil and petroleum products shall be established in accordance with the legislation of each member state.

      Tariffs for services on transportation of oil and petroleum products shall be established for the economic entities of the member states at the level, not exceeding the tariffs, established for the economic entities of the member states, along the territory of which the transportation of oil and petroleum products is carried out.

      Establishment of tariffs for services on transportation of oil and petroleum products for the economic entities of the member states lower than the tariffs, established for the economic entities of the member states, along the territory of which the transportation of oil and petroleum products is carried out shall not be the obligation for the member states.

      8. Authorized bodies of the member states shall develop with participation of Commission and coordinate in accordance with methodology of formation of indicative (forecast) balances of gas, oil and petroleum products:

      annually until 1 October for the following calendar year the indicative (forecast) balances of oil and petroleum products of the Union;

      long-term indicative (forecast) balances of oil and petroleum products of the Union, which if necessary may be corrected in recognition of actual change of oil extraction, production and consumption of petroleum products of the member states.

      Volumes and directions of oil transportation, produced in the territory of one of the member states, along the territory of another member state shall be annually determined by minutes between the authorized bodies of the member states.

      9. Regulation of internal markets of oil and petroleum products of the member states shall be carried out by the national bodies of member states. The member states shall carry out measures on liberalization of markets of oil and petroleum markets in accordance with the legislation of each of the member states.

      10. This Minute shall not affect the rights and obligations of the member states in other international treaties, participants of which they are.

      11. Provisions of section XVIII of Agreement shall be applied to the natural monopoly entities, carrying out transportation of oil and petroleum products, in recognition of features, provided by this Minute.

      12. Bilateral agreements, concluded between the member states in the field of oil and petroleum products supply, determination and procedure of payment of exported customs duties (other duties, taxes and charges, having equivalent effect) shall have effect for the period before entering of international treaty on formation of common markets of oil and petroleum products of the Union, provided by paragraph 3 of Article 84 of Agreement into legal force, if relevant member states do not agree otherwise.

  ANNEX No.24
  to Agreement on Eurasian
  Economic Union

Minute
on concerted (coordinated) transport policy
I. General provisions

      1. This Minute is developed in accordance with Articles 86 and 87 of Agreement on Eurasian Economic Union for the purposes of implementation of concerted (coordinated) transport policy

      2. The concepts used in this Minute shall have the following meanings:

      “civil aviation” – aviation, used for the purposes of meet the needs of population and economy;

      “unified transport space” – a set of transport systems of the member states, under which unimpeded movement of passengers, transfer of cargo and vehicles, their technical and technological compatibility based on harmonized laws of the member states in the scope of transport are ensured;

      “legislation of the member states” – national legislation of each member states;

      “common market of transport services” – a form of economic relations, upon which the equal and parity conditions of rendering of transport services are created, features of functioning of market of which are determined by this Minute, as well as international treaties within the Union on types of transport.

      3. Implementation of this Minute shall be carried out in recognition of obligations of the member states, accepted by each of them when joining to the World trade organization, as well as within other international treaties.

II. Motor transport

      4. International motor tracking, performed by carriers, registered in the territory of one of the member states shall be carried out on the basis without permission:

      1) between the member states, in the territory of which the carriers are registered and other member states;

      2) transit through the territory of other member states;

      3) between other member states.

      5. The member states shall adopt a program of liberalization of performance of motor tracking by the carriers, registered in the territory of one of the member states between the points, located in the territory of another member states, for the period from 2016 to 2025 with determination of degree and conditions of this liberalization to 1 July, 2015.

      The different levels and speed of performance of liberalization of motor tracking, specified in a first item of this paragraph shall be allowed in the member states.

      6. A program of gradual liberalization, specified in paragraph 5 of this Minute shall be approved by the Superior Council.

      7. Features of conducting of concerted (coordinated) transport policy on issues of regulation of services of motor transport within the Union shall be determined by international treaties.

      8. The member states shall take the coordinated measures on elimination of obstacles (barriers), affecting the development of international motor service and formation of services of motor transport within the Union.

      9. Transport (motor) control shall be carried out in the manner according to annex No.1 to this Minute.

III. Air transport

      10. Development of air transport in the Union shall be carried out within conducted concerted (coordinated) transport policy by gradual formation of common market of services of air transport.

      The member states shall coordinate efforts on the unified approach to application of standards and recommended practice of International Civil Aviation Organization (ICAO).

      11. Formation of common market of services of air transport shall be based on the following principles:

      1) ensure compliance of international treaties and acts, constituting the Union law, with the rules and principles of international law in the field of civil aviation;

      2) harmonization of legislation of the member states in accordance with rules and principles of international law in the field of civil aviation;

      3) ensuring of reasonable and fair competition;

      4) creation of conditions for renewal of air parks, modernization and development of objects of ground infrastructure of airports in accordance with requirements and recommended practice of International Civil Aviation Organization (ICAO);

      5) safety flights and aviation security;

      6) non-discriminatory access of aviation companies of the member states to aviation infrastructure;

      7) expansion of air services between the member states.

      12. The member states shall recognize that each member state has complete and exclusive sovereignty over the airspace above its territory.

      13. Aircraft operations of the member states within the Union shall be conducted on the basis of international treaties of the member states and (or) permissions, issued in the manner established by the legislation of the member states.

      14. Provisions of this section shall be applied only in relation of civil aviation.

IV. Water transport

      15. Development of water transport in the Union shall be carried out within concerted (coordinated) transport policy.

      16. Vessels under the flag of the member state shall have a right to carry out transportation of cargo, passengers and their luggage, towing between the flag state of vessel and other member state in the adjacent inland water-ways, transit passage on inland waterways of another member state, except for the transportation and towing between the ports and transportation to (from) the ports of another member state and third countries in accordance with international treaties of the member states on navigation, concluded by the member states for execution of this Minute.

      17. Vessels navigating on inland waterways of the member state shall be registered in the vessels register of the member state and be owned by a resident of the member state, registered a vessel in its vessels register.

V. Railway transport

      18. The member states, contributing to the further development of mutually beneficial economic relations, considering necessity of ensuring of an access to the services of railway transport of the member states and coordinated approaches to the state regulation of tariffs for these services, in the case if such regulation is provided by the legislation of the member states shall determine the following purposes:

      1) gradual formation of common market of transport services in the scope of railway transport;

      2) ensuring of an access of consumers of member states to the services of railway transport upon implementation of transportation along the territory of each member state on conditions no less favorable, than conditions, created for consumers of each member state;

      3) observance of balance of economic interests between the consumers of services of railway transport and organizations of railway transport of member states;

      4) ensuring of conditions for access of organization of railway transport of one member state to the internal market of services of railway transport of another member state;

      5) ensuring of conditions of access of carriers to the services of infrastructure of member states according to the annexes No. 1 and 2 to Procedure of regulation of access to the services of railway transport, including basics of tariff policy (annex No.2 to this Minute).

      19. Regulation of access to the services of railway transport, including the basics of tariff policy shall be carried out in the manner provided by annex No.2 to this Minute, as well as international treaties.

  Annex No.1
  to the Minute on concerted
  (coordinated) transport policy

Procedure
of carrying out of transport (motor) control at the
external border of Eurasian Economic Union

      1. This Procedure is developed in accordance with paragraph 9 of Minute on concerted (coordinated) transport policy (annex No.24 to Agreement on Eurasian Economic Union) and determines procedure of carrying out of transport (motor) control at the external border of the Union.

      This Procedure shall not apply in a Member State which does not share a land frontier with other Member States.

      Footnote. Paragraph 1 as amended by Law of the RK No. 6-VII of 15.02.2021.

      2. The concepts used in this Procedure shall have the following meanings:

      “overall and weight parameters of transport vehicles” - values of mass, axle load and dimensions (across the width, height and length) of the transport vehicle with cargo or without;

      “external border of the Union” – limits of customs territory of the Union, sharing the territory of the member states and territory of states, that are not the members of Union;

      “control point” – fixed or mobile unit (post), as well as point of passage across the state border, in which the transport (motor) control is carried out, equipped in accordance with requirements of legislation of the member states;

      “bodies of transport (motor) control” – competent bodies, authorized by the member state for carrying out of transport (motor) control in the territory of the member state;

      “carrier” – legal entity or individual, using the transport vehicle on the right of ownership or on other legal basis;

      “transport vehicle””

      upon transportation of cargo – truck, truck-trailer, truck (road) tractor or truck tractor lorry (tractor semitrailer), chassis;

      upon carriage of passengers – motor vehicle, intended for carriage of passengers and luggage, having more than 9 seats, including driver seat, as well as a trailer for carriage of luggage;

      “transport (motor) control” – control of implementation of international motor transportation.

      Other concepts that are not specifically defined in this Procedure shall be used in the meanings established by international treaties as well as international treaties within the Union.

      3. This Procedure determines unified approaches to implementation of transport (motor) control by bodies of transport (motor) control at the external border of the Union of transport vehicles, entering (leaving, by transit) in the territory of the member states.

      4. Transport vehicles, moving to the territory of one member state through the territory of another member state shall subject to transport (motor) control in the control points, located at the external border of the Union, in accordance with the legislation of the member states through the territory of which the specified transport vehicles follow, and with the paragraphs 7 and 8 of this Procedure.

      5. Verification of transport vehicles, documents, necessary for the purposes of transport (motor) control, and formation of its results shall be carried out in accordance with the legislation of the member states, the territory of which they cross at the external border of the Union, and this Procedure.

      6. Bodies of transport (motor) control shall mutually recognize the documents, executed by them according to the results of transport (motor) control.

      7. Body of transport (motor) control of the member state, through the state border of which the entry to the customs territory of the Union is carried out, in the control points besides the actions on transport (motor) control, provided by the legislation of specified member state shall carry out:

      1) verification of compliance of weight and overall parameters of transport vehicle with the rules, similar established by the legislation of other member states, along the territory of which the passage is carried out, as well as details, specified in the special permissions for transportation of oversize and (or) heavy load cargo or for the passage of large and (or) heavy vehicle along the territories of other member states;

      2) verification of existence of carrier’s permits for passage along the territories of other member states, on which the passage is carried out, their compliance with the type of performed transportation and compliance of characteristics of transport vehicle with requirements, provided by such permissions;

      3) verification of existence of carrier’s special permissions for transportation of oversize and (or) heavy load cargo, for the passage of large and (or) heavy vehicle, as well as special permissions for transportation of dangerous cargo along the territories of other member states, on which the transportation or passage is carried out;

      4) verification of existence of carrier’s permissions (special permissions) for transportation to the third countries (from third countries) in the territory of other member states, on which the transportation is carried out;

      5) issuance of accounting voucher to the carrier on the form, coordinated by bodies of transport (motor) control, in the case, if implementation of transportation is allowed without permission for passage along the territories of other member states in accordance with the legislation of other member states, as well as in the case, if transportation is carried out in accordance with multilateral permission.

      8. Bodies of transport (motor) control at the exit of transport vehicle through the external border of the Union besides actions, specified in paragraph 7 of this Procedure, in the control points shall carry out verification of:

      1) existence of carrier’s receipt on payment of duties for passage of transport vehicle on the auto roads of the member states, along the territories of which the passage is carried out, if the payment of such duties is mandatory in accordance with legislation of the member states;

      2) existence of carrier’s (driver) receipt, approving the payment of fine for violation of order of performance of international motor transportations in the territory of member state or decisions of judicial bodies on settlement of complaint for regulation on imposition of relevant administrative penalty on the carrier (driver) in the case, if the permission for passage along the territory of one of the member state or the accounting voucher has a mark of body of transport (motor) control on imposition of such fine on carrier (driver);

      3) existence of access of transport vehicle of carriers of member states to the international motor transportations;

      4) existence of necessary documents of carrier in the case of reception of notification, specified in paragraph 9 of this Procedure, from body of transport (motor) control of another member state.

      9. Upon establishment of nonconformity of controlled parameters of transport vehicle, absence or nonconformity of documents, provided by the legislation of the member states in the course of controlled actions, provided by paragraph 7 of this Procedure, the body of transport (motor) control of one of the member state shall issue to the driver a notification on the form, coordinated by bodies of transport (motor) control of the member states, containing information on:

      identified inconsistencies;

      necessity of reception of missing documents before arrival to the territory of another member state;

      nearest control point of body of transport (motor) control of another member state, in which the carrier shall offer the evidences for removal of nonconformity of controlled parameters of transport vehicle and (or) documents, specified in notification in recognition of route of transport vehicle.

      10. Information on issuance of notification shall be directed to the body of transport (motor) control of another member state and introduced to the information base of body of transport (motor) control, identified inconsistences.

      11. In the case if notification is issued to the carrier by body of transport (motor) control of one of the member state in accordance with paragraph 9 of this Procedure, the body of transport (motor) control of another member state in the control point shall have a right to carry out verification of performance of this notification and in the existence of grounds to take measures to the carrier (driver) in accordance with the legislation of another member state.

      The transport (road) control authority that carried out the verification of the implementation of the notification at the control point shall enter the information on the results of the verification into the information base and send this information to the transport (road) control authority that issued the notification.

      Footnote. Paragraph 11 as amended by Law of the RK No. 6-VII of 15.02.2021.

      12. Release of transport vehicle from the territory of Union shall not be carried out before presentation of documents by carrier, existence of which is provided by paragraphs 7 and 8 of this Minute.

      13. Body of transport (motor) control of one of the member state upon departure of transport vehicle through the external border of the Union, moving from the territory of this state to the territory of another member state shall inform the body of transport (motor) control of another member state on establishment of nonconformity of controlled parameters of transport vehicle, absence or nonconformity of documents, provided by the legislation of the member states.

      14. The member states shall take measures on harmonization of its legislation, methods and technologies of carrying out of transport (motor) control at the external border of the Union on the basis of reciprocity, in a part of:

      1) requirements to the weight parameters of transport vehicles during traffic on public roads, which is a part of the international transport corridors;

      2) creation of control system of full payment of duties for passage of transport vehicles on public roads of another member state;

      3) formation of mechanism on regulation of disputes in the case of their occurrence with carriers of third countries;

      4) formation of mechanism of return (detention) of transport vehicles in the case of violation of established requirements on execution of conditions of international motor transportation along the territory of the Union.

      15. Permissions (special permissions) are invalid in the following cases:

      1) such permissions are executed or used with violation of the legislation of the member state, the competent bodies of which issued them;

      2) weight and (or) overall parameters of transport vehicle, specified in the special permission do not correspond to results of weighting and measuring the dimensions of transport vehicle;

      3) characteristics of transport vehicle do not correspond to the characteristics of transport vehicle, provided by permission for passage along the territories of the member states.

      16. Body of transport (motor) control of one member state shall have a right to promptly request an approval of validity of permission from the body of transport (motor) control of another member state in the case of establishment of nonconformity of parameters (characteristics) of transport vehicle to the parameters (characteristics), specified in the permission in the course of control actions.

      17. For the purpose of implementation of this Procedure, the bodies of transport (motor) control shall:

      1) conclude separate minutes, bring provisions of regulatory legal acts of its states, regulating requirements for the implementation of transport (motor) control to the bodies of transport (motor) control of another member state, inform each other on changes, introduced to the specified acts, as well as exchange the samples of documents, necessary for implementation of transport (motor) control in accordance with this Procedure;

      2) mutually and regularly exchange information, received in the result of transport (motor) control. Form and procedure of exchange of specified information, as well as its composition are determined by bodies of transport (motor) control;

      3) organize database maintenance on transport vehicles, moving by transit through the territory of one member state to the territory of another member state, and mutually exchange information, contained in this base.

      18. Exchange of information, received according to the result of transport (motor) control shall be carried out in electronic form.

      19. Bodies of transport (motor) control may present other information on transport vehicles of international transportation, transferring the goods, received according to the result of transport (motor) control.

      20. Bodies of transport (motor) control shall use information resources, containing details on results of additional actions on transport (motor) control, carried out in accordance with paragraphs 7 – 9 of this Procedure, as well as ensure the mutual use of these information resources for the purposes of formation and accounting of results of transport (motor) control and transport vehicles.

      21. The member states shall inform the competent bodies of states that are not the members of Union on change of procedure of carrying out of transport (motor) control at the external border of Union in the established procedure.

  Annex No.2
  to the Minute on concerted
  (coordinated) transport policy

Procedure
of regulation of access to the services of railway transport, including the basics of tariff policy

      1. This Procedure is developed in accordance with Minute on concerted (coordinated) transport policy (annex No.24 to Agreement on Eurasian Economic Union (hereinafter – Agreement)), determines procedure of regulation of access to the services of railway transport, including the basics of tariff policy, and applies to relations between organizations of railway transport, by consumers, authorized by bodies of the member states in the scope of services of railway transport.

      2. The concepts used in this Procedure shall have the following meanings:

      “access to the services of railway transport” – rendering of services by organizations of railway transport of one member state to the consumers of another member state on conditions not less favorable, than those, on which the same services are rendered to the consumers of first member state;

      “access to the services of infrastructure” – a possibility of reception of services of infrastructure by carriers for implementation of transportations in accordance with rules according to annex No.1 and 2 to this Procedure;

      “infrastructure” – infrastructure of railway transport, including main and station lines, objects of energy supply, signalization, communication, device, equipment, buildings, structures, constructions and other objects, technologically necessary for its functioning;

      “organization of railway transport” – individuals or legal entities of the member state, rendering the services of railway transport to the consumers;

      “transportation process” – a set of organizationally and technologically interrelated operations, executed upon preparation, carrying out and completion of the transport of passengers, cargo, luggage, cargo-luggage and postal items by railway transport;

      “carrier” – organization of railway transport, carrying out activity on transportation of cargo, passengers, luggage, cargo-luggage and postal items, having the proper license, having the rolling stock, including towing vehicles on the right of ownership or on other legal grounds;

      “consumer” – individual or legal entity of the member state, using or intending to use the services of railway transport;

      “tariff for services of railway transport” - the monetary value of the cost of railway transport services;

      “services of railway transport” – services (works), rendered (executed) by organizations of railway transport to the consumers, in particular:

      transportation of cargo and additional services (works), related with organization and implementation of transportation of cargos (as well as empty rolling stock);

      transportation of passengers, luggage, cargo-luggage, postal items and additional services (works), related with such transportation;

      services of infrastructure;

      “services of infrastructure” – services, related withy the use of infrastructure for implementation of transportations, and other services, specified in the annex No.2 to this Procedure.

      3. Organization of railway transport irrespective of belonging of consumer to the particular member state, its organizational and legal form shall ensure an access to the services of railway transport in recognition of this Procedure and the legislation of the member states.

      4. The member states shall ensure an access of carriers of the member states to the services of infrastructure with observance of principles and requirements, specified in the annexes No.1 and 2 to this Procedure.

      Provisions of annexes No.1 and 2 to this Procedure shall be applied to the relations between the carriers of the member states on rendering of services for the use of locomotives and locomotive crews in the sites of infrastructure of the member states, which are provided on the basis of contracts (agreements), concluded between such carriers in accordance with the legislation of the member states.

      5. Procedure and conditions of rendering of other services of railway transport within formation of common market of transport services shall be determined by international treaties within the Union, if it is necessary.

      6. Tariffs for services of railway transport and (or) their limiting level (price limits) shall be established (changed) in accordance with the legislation of the member states and international treaties with ensuring of possibility of differentiation of tariffs in accordance with the legislation of its member state with observance of the following principles:

      1) compensation of economically reasonable expenses directly related to the rendered services of railway transportation;

      2) ensuring the development of railway transport in accordance with the legislation of the member states;

      3) ensuring of transparency of tariffs for the services of railway transport, as well as the possibility of additional revision of such tariffs and (or) their limiting level (price limits) with a sudden change in economic conditions with the prior informing of the member states;

      4) ensuring publicity of decision-making on the establishment of tariffs for the services of railway transport;

      5) application of a harmonized approach to the determination of the nomenclature of cargo and rules for establishment of tariffs for the services of railway transport, provided under conditions of natural monopoly;

      6) determination of the currency of tariff for the services of railway transport in each member state in accordance with the legislation of its member state.

      7. Establishment (change) of tariffs for the services of railway transport and (or) their limiting levels (price limits) shall be carried out in accordance with the legislation of its member state, in recognition of this Procedure.

      8. Unified tariffs on types of communications (export, import and interstate tariffs) shall be applied upon transportation of cargo by railway transport along the territories of the member states.

      9. The right of making decisions, on the basis of economic feasibility, on the change of the level of tariffs for services of railway transport on transportation of cargo within the limiting levels (price limits), established or coordinated by the authorized bodies of the member states in accordance with the legislation of the member states shall be provided to the organizations of railway transport in order to improve competitiveness of railway transport of the member states, creation of favorable conditions for implementation of transportation of cargos by railway transport, involvement of new cargo traffics, that are not previously carried out by the railway transport, ensuring of possibility of the use of unused or little involved routes of transportation of cargos by railways, stimulating the growth of volumes of transportations of cargos on the railways of the member states, stimulation the introduction of new techniques and technologies.

      10. Organization of railway transport shall implement a right, provided them in order to change the level of tariffs for the services of railway transport on transportation of cargo within the limiting levels (price limits) in accordance with methodology (methods, procedure, rules, instructions or other regulatory acts), approved (determined) by the authorized bodies of the member states in accordance with the legislation of the member states, with observance of basic principle of inadmissibility for creation of advantages for specific commodity producers of the member states.

      11. Decision on change of the level of tariffs for the services of railway transport on transportation of cargo shall subject to official publication in accordance with legislation of the member states, compulsory direction to the authorized bodies of the member states and Commission not later than 10 business days before the date of their entering into legal force.

      12. In the case if the rights and interests of consumers are violated by actions of organizations of railway transport on change of the level of tariffs for the services of railway transport on transportation of cargo, the consumers shall have a right to apply to the national antimonopoly body of the member state, in the territory of which the consumer is or resides, with application on protection of its violated rights and interests.

      In the case if organization of railway transport, the actions of which are appealed by the consumer, is at the location or residence of consumer, national antimonopoly body of the member state shall consider an application of consumer in accordance with the legislation of its state.

      In the case if application is filed by the consumer for the action of organization of railway transport, not situated at the location or residence of consumer, the national antimonopoly body of the member state shall direct an application on conducting of investigation to the Commission after determination and recognition of validity of requirements, specified in application of consumer, not later than 10 business days, on which shall inform the consumer and national antimonopoly body of the member state, in the territory of which the organization of railway transport, committed a violation upon change of the level of tariffs for the services of railway transport on transportation of cargo within the limiting levels (price limits) is located, during 3 business days from the date of direction of application to the Commission.

      Commission shall consider an application of consumer on the basis of specified application and adopt a decision in accordance with the rules, established by international treaty within the Union.

      13. Upon transportation of cargo by railway transport between the member states through the territory of another member state and between the territories of the member state with participation of railways of another member state, as well as upon transportation of cargo from the territory of one member state through the territory of another member state to the third countries via seaports of the member states and in the opposite direction, each of the member states shall apply the unified tariff of each of the member state.

      14. Concerted (coordinated) tariff policy shall be conducted in accordance with the Concept for establishment of coordinated tariff policy in the railway transport of the participant-states of Commonwealth of Independent States dated 18 October, 1996 upon transportations of cargo from the territory of one member state in transit through the territory of another member state to the third countries and in the opposite direction (except for the transportations of cargo via seaports of the member states), as well as upon transportations of cargos from third countries to the third countries in transit through the territory of the member states.

      15. The member states shall assign the authorized bodies, responsible for implementation of this Procedure.

      16. The member states shall inform each other and Commission on assignment and official name of their authorized bodies not later than 30 days from the date of entering of Agreement into legal force.

  Annex No.1
  to Procedure of regulation
  of an access to the services
  of railway transport, including
  the basics of tariffs policy

Rules
of an access to the services of infrastructure of railway
transport within the Eurasian Economic Union
I. General provisions

      1. These Rules shall regulate relation of carriers and operators of infrastructure in the scope of provision of an access to the services of infrastructure of railway transport at the sites of infrastructure within the Union.

      2. Regulation of relations of carriers and operators of infrastructure in the scope of provision of an access to the services of infrastructure within the territory of one member state, except for the relations, provided in paragraph 1 of these Rules shall be carried out in accordance with the legislation of this member state.

II. Determination

      3. The concepts used in these Rules shall have the following meanings:

      “train table” – a technical standard document of operator of infrastructure, establishing organization of train traffic of all categories at the sites of infrastructure, graphically displays the passage of trains on the coordinate scale in the conventional day and is divided into standard (the planning year), variant (in certain periods of time) and operational (the current planning day);

      “long term agreement for the rendering of services of infrastructure” – an agreement for rendering of services of infrastructure, concluded between the operator of infrastructure and carrier for the period not less than 5 years;

      “additional application” – an application for provision of access to the services of infrastructure, received from the carrier for implementation of additional transportations in the period of action of regulatory train table;

      “access to the services of infrastructure” – a possibility of reception of services of infrastructure by carriers for implementation of transportations;

      “national (network-wide) carrier” – carrier, carrying out activity on transportation of cargos, passengers, luggage, cargo-luggage, postal items and ensuring implementation of a plan for formation of trains on the entire infrastructure of the member state, as well as on special and military transportations. Status of national (network-wide) of carrier shall be determined by the legislation of the member state;

      “train path” – graphic display on the train table of the route of passage of train with specification of points of departure, assignment and passage, departure time, arrival, technological parks, average time of travel, as well as other technical and technological parameters of train;

      “operator of infrastructure” – organization of railway transport, which owns the infrastructure and lawfully use the infrastructure and (or) rendering the services of infrastructure in accordance with the legislation of the member state, in the territory of which the infrastructure is located;

      “train formation plan” – regulatory and technical document, approved by the operator of infrastructure on the basis of projects of train formation plans of carriers and establishing categories and assignment of trains, formed at the railway stations in recognition of traffic capacity of sites of infrastructure and estimated capacity of stations;

      “traffic capacity of site of infrastructure” - the maximum number of trains and pair of trains, which may be passed on the site of infrastructure for the accounting period of time (day) depending on technical and technological possibilities of infrastructure, rolling-stock and methods of organization of train traffic in recognition of passage of trains of different categories;

      “train schedule” – a document, containing information on train traffic on the specific calendar dates based on the train table;

      “certificate of safety” – a document, certifying compliance of safety management system of participant of transportation process with the rules of safety in the railway transport, issued in the manner established by the legislation of the member state;

      “authorized body” – a body of executive power (state management) of the member state, the competence of which includes the issues of the state regulation and (or) management in the field of railway transport, determined in accordance with the legislation of each of the member states;

      “site of infrastructure” – a part of infrastructure of railway transport, adjacent to the junction of two adjacent infrastructures of the member states within the infrastructure of site for the treatment of locomotive, established by the operator.

      4. Other concepts used in these Rules shall have the meanings determined in the Minute on concerted (coordinated) transport policy, Procedure of regulation of access to the services of railway transport, including the basics of tariff policy, as well as Rules of rendering of services of infrastructure of railway transport within the Eurasian Economic Union (hereinafter – Rules of rendering of services).

III. General principles of access to the services
of infrastructure

      5. Access to the services of infrastructure shall be provided in the sites of infrastructure and based on principles:

      1) equality of requirements to the carriers, established by the legislation of the member state, in the territory of which the infrastructure is located, in recognition of technical and technological possibilities within the traffic capacity of sites of infrastructure;

      2) application of unified price (tariff) policy in the scope of services of infrastructure in accordance with the legislation of the member state, in the territory of which the infrastructure is located in relation of carriers;

      3) accessibility of information on the list of services of infrastructure, procedure of their rendering, based on the technical and technological possibilities of infrastructure, on tariffs, payment and charges for these services;

      4) rational planning of works on repair, maintenance and service of infrastructure for the purposes of effective use of its traffic capacity and ensuring of непрерывности of transportation process, integrity and safety of technological processes;

      5) protection of details, containing commercial or state secret, which became known in the process of planning, organization of transportation activity and rendering of services of infrastructure;

      6) priority (sequence) of provision of access to the services of infrastructure to the carriers in the conditions of restricted traffic capability of infrastructure in accordance with regulatory train table;

      7) ensuring of a proper technical state of the railway vehicles, used by them, by the carriers.

      6. Principle of priority (sequence) of provision of access to the services of infrastructure to the carriers shall be implemented by the following levels of selection:

      1) determination of train class, priority (sequence) of which is determined in accordance with the legislation of the member state, in the territory of which the infrastructure is located, or acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located;

      2) in the case of identity of train classes depending on:

      existence of long-term agreements for rendering of services of infrastructure in recognition of execution of contractual obligations in terms of volumes of transportations;

      intensity of use of transportation capacity of sites of infrastructure by the carrier;

      existence of current agreement for rendering of services of infrastructure;

      3) in the case of identity of the criteria, specified in subparagraphs 1 and 2 of this paragraph, carrying out the competitive procedures in accordance with the legislation of the member state, in the territory of which the infrastructure is located.

IV. Conditions of provision of access to the services
of infrastructure

      7. Access to the services of infrastructure shall be provided by the operator of infrastructure in the existence of carrier:

      1) licenses for carrying out of transportation activity, issued by the authorized body of the member state in accordance with the legislation of the member state, in the territory of which the infrastructure is located;

      2) security certificated, issued by the authorized body of the member state in the manner established by the legislation of the member state, in the territory of which the infrastructure is located;

      3) in the staff of qualified employees, involved in the organization, management and carrying out of transportation process, having the documents, approving their qualification and professional preparation in accordance with the legislation of the member state, in the territory of which the infrastructure is located.

      8. Access to the services of infrastructure shall be provided on the basis of:

      1) technical and technological possibilities of infrastructure for organization of train traffic and shunting movement within the site of infrastructure;

      2) plan of formation of freight trains and train table;

      3) available traffic capacity of infrastructure and proposals of carriers on the use of sites of infrastructure and distribution of traffic capacity of sites of infrastructure by the operator of infrastructure on the basis of principles of access to the services of infrastructure, determined in the section III of these Rules;

      4) absence of prohibitions and restrictions, preventing the implementation of railway transportation in accordance with the legislation of the member state, in the territory of which the infrastructure is located;

      5) existence of the carrier of coordination with other bodies and organizations in the cases, if it is provided by the legislation of the member state, in the territory of which the infrastructure is located.

      9. A right of access to the services of infrastructure on defined train paths may be provided to the carriers for the period, not exceeding the term of validity of the train schedule, except for the rights, arising from the long-term agreements.

V. Provision of an access to the services of infrastructure

      10. Provision of an access to the services of infrastructure shall be carried out in recognition of requirements of the legislation of the member state, in the territory of which the infrastructure is located and includes the following stages:

      1) development and publication of technical specification of sites of infrastructure by the operator of infrastructure;

      2) filing of an application for the access to the services of infrastructure of railway transport by the carrier within the Eurasian Economic Union (hereinafter – application) on the form according to the annex;

      3) consideration of application by the operator of infrastructure;

      4) approval of train table and train schedule;

      5) conclusion of agreement for rendering of services of infrastructure in accordance with the legislation of the member state, in the territory of which the infrastructure is located.

      Filing of an application and conclusion of agreement shall not be required in the case if the carrier is also the operator of infrastructure.

      11. Provision of access to the services of infrastructure on additional transportations, not provided by regulatory train table shall be carried out on the basis of additional applications in the manner established by these Rules.

VI. Technical specification of sites of infrastructure

      12. Operator of infrastructure shall annually, not later than 3 month before the date of receipt of applications, make, approve and publish the technical specification of sites of infrastructure in the manner established by the acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located.

      13. Technical specification of sites of infrastructure shall include:

      1) technical characteristics of sites of infrastructure and stations, necessary for organization of train traffic and shunting movement, with specification of length of sites of infrastructure and the form of haulage, standards of weight and the length of the trains, train speed of different categories;

      2) projects of paths of train table for international passenger service;

      3) predicted time of reception – transfer (exchange) of freight trains on each interstate division point, determined by decision of the Council on railway transport of the participant-states of the Commonwealth of Independent States;

      4) traffic capacity of sites of infrastructure, except for the traffic capacity of sites of infrastructure, necessary for the national (network-wide) carrier for implementation of transportations in accordance with requirements of the legislation of the member state, in the territory of which the infrastructure is located.

      14. Operator of infrastructure may specify other details and conditions for planning of transportations and organization of train traffic on the sites of infrastructure in the technical specification of sites of infrastructure.

VII. Filing and consideration of application

      15. Carrier shall file an application to the operator of infrastructure.

      16. Terms of beginning and termination of reception, consideration of applications, formation of original project of regulatory train table, as well as terms of provision of information, provided by paragraphs 24 and 26 of these Rules shall be established by the legislation of the member state, in the territory of which the infrastructure is located, and (or) acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located.

      17. Application shall include:

      1) project of planned train paths;

      2) information on planned annual volumes of transportations (broken down by quarter and months, as well as on types of cargo);

      3) information on the number of trains, planned for transportation;

      4) information on types and characteristics of locomotives, provided by carrier for ensuring of transportations;

      5) documents, approving compliance of carrier with requirements, established by paragraph 7 of these Rules.

      18. Application, filed by the carrier to the operator of infrastructure in hard copy and attached documents:

      shall be bound, numbered and sealed by the carrier, and signed by the head or authorized person;

      shall be presented in Russia language or in the state language according to the place of legal registration of operator of infrastructure and shall not contain corrections or additions, and in the case of their presentation in other language shall be accompanied by the translation in Russia language, certified in the established procedure.

      Documents, attached to application shall represent the originals and copies. In the case of presentation of copies of documents, the head or authorized person, signing the application shall approve their accuracy and completeness in written form.

      19. An application, filed in electronic form shall be presented in accordance with paragraph 17 of these Rules in recognition of requirements of electronic document control and shall be signed by electronic digital signature.

      20. An application shall subject to registration by the operator of infrastructure with issuance of document to the carrier, in which the sequential registration number, the date of reception of application and the list of accepted documents are specified.

      21. Operator of infrastructure shall verify received applications for compliance with the requirements, established by paragraphs 17-19 of these Rules.

      22. In the case of non-compliance of application with requirements, established by these Rules, operator of infrastructure shall notify the carrier on refusal to accept the application for consideration, in written form with specification of reasons of refusal, during 5 business days from the date of reception of application.

      23. If it is necessary the operator of infrastructure shall have a right to request additional details (data), necessary for formation of regulatory train table from the carriers during consideration of applications (but not later than 1 month before the expire of the term of termination of consideration of applications).

      Additional details (data), requested by operator of infrastructure shall be presented by the carrier during 5 business days from the date of reception of request from operator of infrastructure in recognition of observance of requirements for filing and execution of application.

      24. The original project of regulatory train table shall be made by operator of infrastructure in recognition of applications of carriers, accepted for consideration and maximum use of traffic capacity of sites of infrastructure.

      Operator of infrastructure shall inform the carrier on results of consideration of its application in the terms, determined by operator of infrastructure.

      25. In the case of disagreement of carriers with original result of consideration of application, the operator of infrastructure may organize coordination procedures of harmonization, directed to resolution of disagreements (conflicts) between the interested carriers, by conducting of negotiations, in the course of which the operator of infrastructure shall have a right to propose other train paths to the carrier, other than those for which the application was filed.

      26. Operator of infrastructure shall inform the carrier on coordination (inconsistency) of application in recognition of its corrections (in its existence) after conducting of all procedures, provided by this section.

VIII. Formation, development and approval of regulatory
train tables and train schedule

      27. Regulatory train table and train schedule shall be developed and approved by operator of infrastructure for the annual period in the manner, established by the legislation of the member state, in the territory of which the infrastructure is located, in recognition of applications and results of conducted coordinated procedures of harmonization, accepted from the carrier.

      28. Regulatory train table shall be formed by operator of infrastructure in recognition of:

      1) safety ensuring of train traffic;

      2) most efficient use of traffic and transportation capacity of sites of infrastructure and estimated capacity of railway stations;

      3) possibility of conducting of works on maintenance and repair of sites of infrastructure.

      29. Development of regulatory train table shall be carried out in recognition of principle of priority (sequence).

      30. The normative train timetable shall come into force and cease to be in force on the dates determined by the decisions of the Council of Rail Transport of the Member States of the Commonwealth of Independent States.

      Footnote. Paragraph 30 as reworded by Law of the RK No. 6-VII dated 15.02.2021.

      31. Regulatory train table and train schedule may be corrected for the freight trains in the manner, established by operator of infrastructure.

IX. Conclusion of agreement for rendering of services
of infrastructure

      32. Agreement for rendering of services of infrastructure shall be concluded after coordination of application by operator of infrastructure, but not later than 10 calendar days before the date of entering of regulatory train table into force.

      33. Agreement for rendering of services of infrastructure shall be concluded in recognition of provisions, provided by Rules of rendering of services.

      Agreement for rendering of services of infrastructure on additional applications shall be concluded not later than 1 month before commencement of the calendar month of implementation of transportations.

      34. Operator of infrastructure shall have a right to refuse to the carrier in conclusion of agreement in the existence of the carrier’s debts to operator of infrastructure for the rendered services of infrastructure, as well as in other cases, provided by the legislation of the member state, in the territory of which the infrastructure is located.

      35. Additional application shall be formed in accordance with requirements, provided by paragraphs 17-19 of these Rules.

      36. Additional application shall subject to registration by the operator of infrastructure with issuance of a document to the carrier, in which the sequential registration number, the date of receipt of additional application and the list of accepted documents are specified.

      37. Additional application shall be filed not later than 2 months before commencement of calendar month of implementation of transportations.

      38. Additional applications shall be considered for compliance with requirements, established by these Rules, during 1 month from the date of their reception. The contract or additional agreements to the concluded contracts may be concluded according to the results of consideration of additional applications.

      39. Operator of infrastructure may consider the possibility of allocation of additional train paths according to the additional applications of carriers.

      40. Applications received after the term, established by paragraph 16 of this Rules shall not be recognized upon formation of regulatory train table and considered as additional applications.

      41. Allocation of the train paths according to the additional applications shall be carried out in the manner provided by the legislation of the member state, in the territory of which the infrastructure is located.

      42. The carriers shall bear the risks of partial satisfaction or rejection of additional applications.

XI. Procedure of provision of information

      43. Operator of infrastructure shall post the technical specification of sites of infrastructure, the list of regulatory legal acts, as well as acts of operator of infrastructure, regulating procedure of access to the services of infrastructure, in recognition of requirements of legislation of the member state, in the territory of which the infrastructure is located, on its official website in the Internet.

      44. Operator of infrastructure and carriers shall observe requirements of legislation of the member state, in the territory of which the infrastructure is located, as well as requirements of ensuring of national security, in recognition of restrictions for distribution of information, containing details, referred to the state secret (state secrets) or details of limited distribution.

XII. Procedure of resolution of disputes

      45. All disputes and disagreements between the carrier and operator of infrastructure, arising in the course of application of these Rules shall be resolved by conducting of negotiations.

      46. In the case if in the course of negotiations the carrier and operator of infrastructure do not achieve consent, all disputes and disagreements shall be resolved in the manner established by legislation of the member state, in the territory of which the infrastructure is located.

  Annex
  to the Rules of access to the ervices
  of infrastructure of railway ransport
  within the Eurasian Economic Union

Application
for the access to the services of infrastructure of railway
transport within the Eurasian Economic Union

      from "__" _______ ___ No. _________

      for the period from ________________________ to _____________________

      Operator of infrastructure __________________________________________

      _____________________________________________________________________

      (name, legal address, postal address)

      Carrier _____________________________________________________________

      (name, legal address, postal address)

      Number and date of agreement for rendering of services of

      infrastructure of railway transport within the Eurasian Economic

      Union (in its existence)

      _____________________________________________________________________

      Hereby I confirm the completeness and accuracy of the following

      documents (information)* accompanying to the application on _______

      s. in __ copies:

      1) ________;

      2) ________;

      3) ________.

      _____________________ _________________

      The signature of the carrier M.P.

      ________________

      * Note: attached the documents (information), provided by paragraph 17 of Rules of access to the services of infrastructure of railway transport within the Eurasian Economic Union.

  Annex No. 2
  to Procedure of regulation of access
  to the services of railway transport,
  including the basics of tariff policy

Rules
of rendering of services of infrastructure of railway
transport within the Eurasian Economic Union
I. General provisions

      1. These Rules shall determine procedure and conditions of rendering of services in the borders of sites of infrastructure of railway transport of the member states within the planning and organization of transportation activity, the list of such services, unified control principles and allocation of traffic capacity of infrastructure, essential conditions of agreements for rendering of services of infrastructure, rights, obligations and responsibility of operator of infrastructure and carriers.

II. Definitions

      2. The concepts used in these Rules shall have the following meanings:

      “extraordinary trains” – the trains, not provided by the train table (emergency and fire trains, snow plows, locomotives without cars, special self-propelled rolling stock), intended for elimination of obstacles to the train movement, performance of unforeseen works and relevant redeployment of transport vehicles (procedure of their movement shall be determined by the legislation of member state, in the territory of which the infrastructure is located, or acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located);

      “control of transportation process” – control process, management of train traffic and shunting operation in the operational conditions;

      “shunting movement” – operations on change of train formation (coupling (uncoupling) of rolling-stock ), formation (splitting) of trains, transportation of trains from park to the park, movement and interposition of locomotive of the train or exclusion of locomotive from this train, car supply on driveways or removal from such paths and other operations;

      “emergency situation” – a circumstance, threatening the safety of train traffic as a result of failure of objects of infrastructure or create obstacles for the passage of trains;

      “operator of infrastructure” – organization of railway transport, having the infrastructure and lawfully using infrastructure and (or) rendering the services of infrastructure in accordance with the legislation of the member state, in the territory of which the infrastructure is located;

      “transportation planning” – development of transportation plan at the objects (sites and stations) of infrastructure for the established period of time (year, month, day) in accordance with concluded agreements for rendering of services;

      “daily plan of train traffic” – a document, executed by operator of infrastructure for control of transportation process and organization of train traffic in the planned day;

      “technical plan” – a document, executed by operator of infrastructure on the basis of composite plan of transportations, technical plans of transportations and information of Counsel on railway transport of the participant-states of Commonwealth of Independent States.

      3. Other concepts, used in these Rules shall have the meanings determined in the Minute on concerted (coordinated) transport policy, Procedure of regulation of access to the services of railway transport, including the basics of tariff policy, as well as in the Rules of access to the services of infrastructure of railway transport within the Eurasian Economic Union (hereinafter – the Rules of access).

III. Services, rendered by operator of infrastructure

      4. The list of services of infrastructure of railway transport (hereinafter – the list of services) shall include the basic services, related with the use of infrastructure for implementation of transportations according to the annex to these Rules.

      5. The list of operations (works), including to the composition of services of infrastructure shall be determined in recognition of technological features of transportation process and requirements of legislation of the member state, in the territory of which the infrastructure is located.

      6. Services of infrastructure, specified in the annex to these Rules shall be provided with observance of requirements of the legislation of the member state, in the territory of which the infrastructure is located, as well as in a part of ensuring of national security.

      7. Operator of infrastructure shall have a right to render other services, not specified in the annex to these Rules, in accordance with the legislation of the member state, in the territory of which the infrastructure is located, by agreement with carrier.

IV. Procedure for rendering of services of infrastructure

      8. Rendering of services of infrastructure shall provide interaction of operator of infrastructure and carrier within the following processes of organization and implementation of transportations:

      1) technological planning and regulation of transportations;

      2) monthly and operational planning of transportations;

      3) implementation of transportations within agreement for rendering of services of infrastructure of railway transport (hereinafter – an agreement);

      4) data exchange between the operator of infrastructure and carrier.

      9. Planning and regulation of transportations, correction of volumes of transportation and train table shall be carried out in the manner determined in accordance with these Rules, Rules of access, legislation of the member state, in the territory of which the infrastructure is located, as well as acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located.

      10. Operator of infrastructure and carriers shall execute an approved daily plan of train traffic (train table and coordinated technical plan, as well as exchange plan of trains, cars on the interstate division points, determined by decision of the Council on railway transport of participant-states of Commonwealth of Independent States).

      11. Implementation of transportation shall represent a set of organizational and technologically interrelated operations of operator of infrastructure and carriers and shall be carried out in accordance with these Rules, legislation of the member state, in the territory of which the infrastructure is located, and acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located.

      12. Use of infrastructure shall be carried out in accordance with these Rules with observance of regulations, established by the legislation of the member state, in the territory of which the infrastructure is located, as well as in accordance with requirements on traffic safety, as well as acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located.

      13. Maintenance of infrastructure shall be carried out in accordance with the legislation of the member state, in the territory of which the infrastructure is located.

      14. The unified principles of control of transportation process and distribution of traffic capacity shall be:

      1) control of train traffic at the served sites of infrastructure by one controller;

      2) execution of technological regulations and standards, contained in the train table, technological processes and technical regulations of operational work;

      3) ensuring the safety of train traffic and labour protection of employees;

      4) provision of priority of traffic by controller.

      15. Control of transportation process shall be carried out by operator of infrastructure or authorized body for the purposes of ensuring the safety of passage of trains in the infrastructure.

      Control of transportation process shall be carried out in accordance with the train table, approved daily plan of train traffic, and in the manner established by the rules of technical operation, instructions on train traffic and shunting operation at the stations, on signaling and communication, approved by the legislation of the member state, in the territory of which the infrastructure is located and (or) acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located.

      16. Processes of reception, departure and passage of trains, shunting movement of any transport vehicle (rolling-stock) or self-propelled machine, used at the site of infrastructure shall be regulated by operator of infrastructure.

      Orders (instructions) of operator of infrastructure in relation of specified processes, as well as relating to ensuring of requirements of safety train traffic, standards of train table, technological processes of work of operating units of infrastructure are compulsory for all participants of transportation process.

      17. Operator of infrastructure and carriers shall use information systems of operator of infrastructure for information (data) exchange in the volume, provided by the legislation of the member state, in the territory of which the infrastructure is located for the purposes of carrying out of transportation process.

      18. Additional information in relation to the basic information shall be presented to the carrier on the basis of separate agreements by the operator of infrastructure.

      19. Operator of infrastructure may refuse to the carrier in rendering of services of infrastructure in the existence of concluded agreement in the case of:

      1) termination or introduction of restriction of transportation, as well as restriction of import and (or) export of cargo, luggage, cargo-luggage in accordance with requirements of the legislation of the member state, in the territory of which the infrastructure is located;

      2) impossibility of rendering of services of infrastructure due to occurrence of emergency situations;

      3) implementation of transportations by extraordinary trains;

      4) occurrence of a threat of national security or occurrence of emergency situations, circumstances of insuperable force, military operations, blockade, epidemic or other circumstances, independent of operator of infrastructure and carriers, preventing the execution of obligations on agreement;

      5) establishment of another order of rendering the services of infrastructure by the authorized body by decision of the Government of the member state, in the territory of which the infrastructure is located;

      6) other cases provided by the legislation of the member state, in the territory of which the infrastructure is located.

      20. Operator of infrastructure shall inform the carrier on impossibility of execution of obligations in the manner provided by agreement upon refusal to the carrier in rendering of services of infrastructure in the cases, provided by paragraph 19 of these Rules.

      21. Operator of infrastructure shall take necessary measures for organization of passage of trains, moving with deviation from the train table or not provided by this schedule.

      22. A fact of rendering of services by operator of infrastructure and their actual volume separately for each type service shall be approved by documents, the form of which is approved in accordance with the legislation of the member state, in the territory of which the infrastructure is located, and (or) acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located.

V. An agreement for rendering of services of infrastructure
and its essential conditions

      23. Services of infrastructure shall be rendered on the basis of agreement, concluded in written form between the operator of infrastructure and carrier.

      24. The agreement shall not contain the regulations, contradicting to the principles and requirements, established by the Rules of access and these Rules, as well as legislation of the member state, in the territory of which the infrastructure is located.

      25. Operator of infrastructure shall have a right to terminate an agreement in the manner established by the legislation of the member state, in the territory of which the infrastructure is located, in the case if during the validity of agreement, unreliability of information (except for the predicted indicators), specified in paragraph 17 of Rules of access, presented by the carrier and provided by agreement is established.

      26. Assignment of right of demand of carrier, arising from the agreement, except for the cases provided by paragraph 27 of these Rules shall be prohibited.

      27. If it is found impossible to use the rights, arising from agreement, the carrier may transfer this right to other carrier in the existence of concluded agreement of the last, with the consent of operator of infrastructure, on the conditions, provided by agreement.

      28. The agreement shall contain the following essential conditions:

      1) subject of an agreement (scope of services, share of traffic capacity of infrastructure (number of train paths), sites of infrastructure);

      2) conditions and terms of rendering of services of infrastructure;

      3) cost of services (tariffs, prices, rates of charges) or procedure of its determination;

      4) procedure and conditions of payment of services (procedure of calculations, payment methods, currency of payment);

      5) responsibility of parties on agreement for infliction of damage, non-performance or improper performance of obligations on agreement (penalties, fines, compensation of losses);

      6) force majeure circumstances (circumstance of insuperable force);

      7) term of validity, grounds and procedure of termination of validity (termination) of agreement, including conditions of termination of validity (termination) of agreement.

      29. One-time agreement may be concluded between the operator of infrastructure and carrier in the existence of concluded agreement (or additional agreement to the contract) upon filing of additional application for the additional transportation.

VI. Rights and obligations of operator of infrastructure
and carrier

      30. Carrier shall have a right to:

      1) direct proposals on organization of transportations to the operator of infrastructure;

      2) receive information in the volume, necessary for organization of transportations in accordance with these Rules and Rules of access, with compulsory observance of requirements of the legislation of the member state, in the territory of which the infrastructure is located, as well as requirements of ensuring of national security, in recognition of restrictions for distribution of information, containing details, referred to the state secret (state secrets) or details of limited distribution;

      3) obtain access to the services of infrastructure and services of infrastructure for carrying out of transportation activity, as well as in the route of the train in accordance with conditions of agreement;

      4) implement other rights, established by the legislation of the member state, in the territory of which the infrastructure is located and (or) in accordance with concluded agreements.

      31. Carrier shall be obliged to:

      1) present details and documents, necessary for rendering of services of infrastructure to the operator of infrastructure;

      2) ensuring compliance of rolling stock with requirements of security in the railway transport, established by the legislation of the member state, in the territory of which the infrastructure is located, and acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located;

      3) inform on incidents and circumstances, which involve (may involve) violation of requirements on security in the field of railway transport, established by the legislation of the member state, in the territory of which the infrastructure is located, to the operator of infrastructure, as well as take measures on their elimination (prevention);

      4) ensure observance of requirements on traffic safety and operation in the railway transport, established by the legislation of the member state, in the territory of which the infrastructure is located, and acts of operator of infrastructure, not contradicting to the legislation of the member state, in the territory of which the infrastructure is located;

      5) ensure protection of details, constituting commercial (official) secret of operator of infrastructure, which became known to the carrier;

      6) pay for the services of infrastructure on tariffs, established in accordance with the legislation of the member state, in the territory of which the infrastructure is located, as well as make other payments, due to the operator of infrastructure, in the volume, terms and on conditions, provided by agreement;

      7) compensate the amounts, not provided by the separate agreements of costs, incurred by operator of infrastructure in connection with redeployment (moving) of cars (trains) and (or) sludge of rolling-stock of carriers at the stations;

      8) inform the operator of infrastructure on refusal from obtainment of services, provided by agreement, in the terms, established by the legislation of the member state, in the territory of which the infrastructure is located, in written form;

      9) ensure coordination and observance of conditions of railway transportation of cargo on the special conditions, oversize cargo in the manner provided by the legislation of the member state, in the territory of which the infrastructure is located;

      10) ensure transportations within the coordinated volume and compliance of other parameters (conditions) of railway transport with transportation capacity of sites of infrastructure of railway transport and (or) estimated capacity of railway stations along the route of the cargo;

      11) pay for damage, caused to the operator of infrastructure and (or) third persons;

      12) perform other obligations, established by agreement and legislation of the member state, in the territory of which the infrastructure is located.

      32. Operator of infrastructure shall have a right to:

      1) take measures on ensuring of traffic safety, as well as:

      establish the temporary and permanent restrictions for speed of train traffic at the sites of infrastructure;

      stop the train traffic at the station, railway haul in the cases of finding of technical failure by means of automatic and visual control and identifying of commercial rejects of rolling-stock on the moving of train, threatening the safety of traffic;

      use the resources (rolling-stock, staff) of carrier upon occurrence of circumstances, preventing the train traffic, for recovery the work of infrastructure;

      give the instructions (orders, regulations, directions, warnings, etc.), relating to the provision of requirements of train traffic safety, standards of train table, plan and procedure of formation of trains, technological processes of the work of stations (operating units) of infrastructure to the carrier;

      2) require a certificate of safety in the railway transport, license for carrying out of all types of activity, subjected to licensing upon implementation of transportations from the carrier at the stage of conclusion of agreement;

      3) require the documents, approving compliance with requirements of the safety system of railway transport from the carrier at the stage of execution of agreement;

      4) make amendments and additions to the agreement in a part of correction of allocated share of traffic capacity (train paths) in accordance with unilateral procedure, in the case of the use of allocated share of traffic capacity of the site of infrastructure by the carrier, not in full volume, than it is established by the train table;

      5) make decisions on redeployment (moving) and sludge of rolling-stock of carriers at the stations, where there are free travel opportunities for its sludge, or local infrastructure, in the case of the use of infrastructure by the carrier with violation of conditions of agreement;

      6) refuse to the carrier in the access to infrastructure due to reasons beyond control of operator of infrastructure (due to the fault of third persons, including neighboring (adjacent) railway administrations and (or) owners of local infrastructures) without recognition of such facts by violation of conditions of agreement;

      7) make decision on temporary termination of rendering the services, related with transportation in certain directions of railway communication, or on rendering of services not in full volume, in the case of occurrence of emergency situations of natural and technogenic character, as well as upon imposition of the state of emergency and other circumstances, preventing the transportation, in accordance with unilateral procedure;

      8) restrict an access to the infrastructure in the case of occurrence of emergency situations with cancellation of distributed train paths for the period, necessary for recovery of infrastructure;

      9) implement other rights, established by the legislation of the member state, in the territory of which the infrastructure is located, and (or) concluded agreements.

      33. Operator of infrastructure shall be obliged to:

      1) accept an consider proposals of carriers on organization of transportations, as well as details and documents, necessary for rendering of services of infrastructure;

      2) timely provide information to the carriers in the volume, necessary for organization of transportations in accordance with these Rules and Rules of access, with compulsory observance of requirements of the legislation of the member state, in the territory of which the infrastructure is located, as well as requirements of ensuring the national security, in recognition of restrictions, established for distribution of information, containing details, referred to the state secret (state secrets) or details of limited distribution;

      3) distribute the traffic capacity of infrastructure within the technical and technological capacity of infrastructure in accordance with Rules of access;

      4) inform the carrier on the changes in the train table, involving the change of agreed terms and conditions of rendering the services, in the terms and manner provided by agreement;

      5) notify the carrier on conditions, determined in agreement, on accidents, damage in the infrastructure and other circumstances, which may create an obstacle to the carrier for carrying out of its activity in the use of infrastructure;

      6) ensure protection of details, constituting commercial (official) secret of carriers, which became known to the operator of infrastructure in the course of rendering of services of infrastructure;

      7) keep the necessary technical means in working order and take measures on prevention and elimination of interruptions in the train traffic, arising in connection with natural and technogenic accidents;

      8) perform other obligations, established by agreement and legislation of the member state, in the territory of which the infrastructure is located.

VII. Procedure of resolution of disputes

      34. All disputes and disagreements between the carrier and operator of infrastructure, arising in the course of application of these Rules or in the course of rendering of services shall be resolved by conducting of negotiations.

      46. In the case if in the course of negotiations the carrier and operator of infrastructure do not achieve a mutual consent, all disputes and disagreements shall be resolved in the manner established by legislation of the member state, in the territory of which the infrastructure is located.

  Annex
  to the Rules of rendering of
  services of infrastructure of
  railway transport within the
  Eurasian Economic Union

The List
of services of infrastructure of railway transport

      In accordance with Article 2 of the Minute, amendments entered into Annex 1 by Law of the Republic of Kazakhstan № 346-V as of 02.08.2015 shall be enforced 24 months after the date of enforcement of this Minute.
      Footnote. The List as amended by Law of the Republic of Kazakhstan № 346-V as of 02.08.2015.

No.

Republic of Belarus

Republic of Kazakhstan*

Russian Federation**

The Republic of Armenia


The Kyrgyz Republic***

 

1.

Provision of infrastructure and execution of necessary works for implementation of train traffic (passage), including energy supply of traction rolling-stock of the carrier

Provision of infrastructure and execution of necessary works for implementation of train traffic (passage)

Provision of infrastructure and execution of necessary works for implementation of train traffic (passage), including energy supply of traction rolling-stock of the carrier

Provision of infrastructure and performance of necessary works for the movement (passage) of trains

 

Provision of infrastructure and performance of necessary works for the movement (passage) of trains

 

2.

Provision of infrastructure and execution of necessary works for shunting movement, including energy supply of traction rolling-stock of the carrier

Provision of infrastructure and execution of necessary works for shunting movement

Provision of infrastructure and execution of necessary works for shunting movement, including energy supply of traction rolling-stock of the carrier

Provision of infrastructure and performance of necessary works for shunting movements

 

Provision of infrastructure and performance of necessary works for shunting movements

 

3.

Services on technical and commercial control, directed to ensuring of train traffic safety and preservation of cargo, luggage and cargo-luggage


Services on technical and commercial control, directed to ensuring of train traffic safety



      _______________

      * As well as for the sites of infrastructure of belonging of the Republic of Kazakhstan in the territory of the Russian Federation

      ** As well as for the sites of infrastructure of belonging of the Russian Federation in the territory of the Republic Kazakhstan

      *** Also for the sites of infrastructure belonging to the Kyrgyz Republic in the territory of the Republic of Kazakhstan.

  ANNEX No. 25
  to Agreement on
  Eurasian Economic Union

MINUTE
on procedure for procurement regulation
I. General provisions

      1. This Minute is developed in accordance with section XXII of Agreement on Eurasia Economic Union (hereinafter – Agreement) and determines procedure for procurement regulation.

      2. The concepts used in the section XXII of Agreement and this Minute shall have the following meanings:

      “web-portal” – unified official web-site of the member state in the Internet, providing a unified access point to information on procurement;

      “customer” – the state body, local government body, budget organization (as well as state (municipal) institutions), as well as other persons in the cases, determined by the legislation of the member state on procurement, making the procurements in accordance with this legislation. Creation (functioning) of procurement authority, the activity of which is carried out in accordance with the legislation may be provided by the legislation of the member state. Upon that the transfer of functions of customer on conclusion of agreement (contract) on procurement to the procurement authority shall not be allowed.

      “procurements” – the state (municipal) procurement, which is recognized as acquisition of goods, works, services and other procurements by the customer at the expense of budget, as well as other means in the cases, provided by the legislation of the member state on procurement, as well as relations, connected with execution of agreements (contracts) on procurement;

      “information on procurements” – notification on conducting of procurement, documentation on procurement (as well as project of agreement (contract) on procurement), changes, introduced to such notifications, documentation, explanation of the documentation for the procurement, minutes, made in the process of procurement, details on result of procedure of procurement, details on agreements (contracts) on procurement and additional agreements to such contracts, details on result of execution of agreement (contract) on procurement, details on receipt of complaints to the authorized regulating and (or) controlling bodies of power of the member state in the scope of procurement, on their content and decisions, adopted according to the results of consideration of such complaints, on regulations, issued by such bodies. Information on procurement shall subject to the compulsory placement on the web-portal;

      “national regime” – a regime, providing that each member state, for the purposes of procurement, provides the goods, works and services, originating from the territory of the member states, potential suppliers of the member states and suppliers of the member states, offering such goods, performing the works and rendering the services by the regime not less favorable than provided the goods, works and services, originating from the territory of its state, as well as potential suppliers and suppliers of its state, offering such goods, performing the works and rendering the services. Country of origin of goods shall be determined in accordance with rules of determination of the country of origin of goods, effectual in the customs territory of the Union;

      “operator of electronic trading platform (electronic platform)” – a legal entity or individual, carrying out of entrepreneurial activity, which have the electronic trading platform (electronic platform), soft hardware necessary for its functioning and (or) ensure its functioning in accordance with the legislation of the member state;

      “supplier” – a person who is a supplier, executor or contractor and with whom the agreement (contract) on procurement is concluded;

      “potential supplier” – any legal entity or any individual (as well as individual entrepreneur);

      “electronic trading platform (electronic platform)” – Internet web-site, determined in the manner established by the legislation of the member state on procurement, for conducting of procurement in the electronic format. Upon that the legislation of the member state on procurement may establish that the electronic trading platform (electronic platform) is the web-portal, as well as shall be determined the limited number of electronic trading platforms (electronic platforms);

      “electronic format of procurement” – a procedure of organization and conducting of procurement, carrying out with the use of Internet, web-portal and (or) electronic trading platform (electronic platform), as well as soft hardware.

      3. Bringing of the legislation of the member state to conformity with this Minute shall not be required upon application of this Minute, unless the provisions of the legislation of the member state have the different meaning than it is established by this Minute.

II. Requirements in the scope of procurement

      4. Procurements in the member states shall be conducted by the following methods:

      open competition, which is also may provide two-stage procedures and pre-qualification (hereinafter – competition);

      request of pricing proposal (request for quotation);

      request for proposals (if it is provided by the legislation of the member state on procurement);

      open electronic auction (hereinafter – auction);

      stock trading (if it is provided by the legislation of the member state on procurement);

      procurements from the single source or single supplier (executor, contractor).

      The member states shall ensure conducting of competition and auction only in electronic format and seek to pass to the electronic format upon carrying out of other methods of procurement.

      5. Procurements by conducting of competition shall be carried out in recognition of requirements, provided by paragraphs 1-4 of annex No.1 to this Minute.

      6. Procurements by conducting of request for pricing proposals (request for quotation) shall be carried out in recognition of requirements, provided by paragraph 5 of annex No.1 to this agreement.

      7. Procurements by conducting of request for proposals shall be carried out in recognition of requirements, provided by paragraph 6 of annex No.1 to this Minute, in the cases, provided by annex No.2 to this Minute, as well as in the cases provided by paragraphs 10, 42, 44, 47, 59 and 63 of Annex No.3 to this Minute, if it is established by the legislation of the member state on procurement.

      8. Procurements by conducting of auction shall be carried out in recognition of requirements, provided by paragraphs 7a and 8 of annex No.1 to this Minute, in accordance with annex No.4 to this Minute.

      The member state shall have a right to establish a wider list of goods, works and services, procurements on which are carried out by conducting of auction, in its legislation on procurement.

      9. Procurements of commodities (as well as the goods, provided by annex No.4 to this Minute) may be carried out in the commodity exchange.

      The member state shall have a right to determine the commodity exchanges, on which the procurements may be carried out.

      10. Procurements from a single resource or single supplier (executor, contractor) shall be carried out in recognition of requirements, specified in paragraph 10 of Annex No.1 to this Minute, in the cases provided by annex No.3 to this Minute.

      The member state shall have a right to reduce the list of goods, works and services, provided by annex No.3 to this Minute in its legislation on procurements.

      11. The member state shall have a right to establish the features of carrying out of procurements, related with necessity for observance of confidentiality of information on potential suppliers before termination of carrying out of procurements, as well as in the exceptional cases for the term not more than 2 years – features of carrying out of procurements for separate types of goods, works and services, in its legislation on procurement, in accordance with unilateral procedure.

      Decisions and actions in relation of establishment of such features shall be adopted in the manner provided by paragraphs 32 and 33 of this Minute.

      12. Procurements shall be carried out by the customer independently or with participation of procurement authority (in the case if the functioning of procurement authority is provided by the legislation of the member state on procurements).

      13. The legislation of the member state on procurements shall provide formation and maintenance of register for unfair suppliers, which includes details on:

      potential suppliers, avoiding from conclusion of agreements (contracts) on procurements;

      on suppliers, not performed or improperly performed its obligations for agreements (contract) on procurements, concluded with them;

      on suppliers, with whom the customers terminated the agreements (contracts) on procurements, in the course of execution of which established that the supplier does not comply with requirements, established by documentation on procurement, to the potential suppliers, suppliers in accordance with unilateral procedure or provided unreliable information on its compliance with such requirements that allowed to it to become the winner of procurement procedure, according to the results of which such agreement is concluded.

      The legislation of the member state on procurements may provide inclusion to the register of unfair suppliers of the member state, the details about founders, members of collective executive bodies, persons, exercising functions of individual executive body, included to this register.

      Inclusion to the register of unfair suppliers shall be carried out for 2 years upon approval of details (establishment of facts), provided by the second-fourth items of this paragraph, on the basis of court decision and (or) authorized regulating and (or) controlling body of power of the member state in the scope of procurements.

      A person, the details of which are included to the register of unfair suppliers shall have a right to appeal inclusion to this register in a judicial procedure.

      The legislation of the member state on procurements may provide exclusions in a part, relating to inclusion to the register of unfair suppliers of potential suppliers and suppliers, determined in accordance with paragraphs 1and 6 of annex No.3 to this Minute.

      14. The legislation of the member state on procurements may provide the right or obligation of customer to exercise an access to participation in procurement based on details, contained in the register of unfair suppliers of this member state and (or) in the registers of unfair suppliers of other member states.

      15. The member states shall limit participation in the procurements:

      1) by establishment of additional requirements to potential suppliers and suppliers upon procurement of separate types of goods, works and services in accordance with its legislation on procurements;

      2) in other cases established by this Minute.

      16. The legislation of the member state on procurements shall establish the prohibition for:

      1) inclusion of any not measured quantitatively and (or) inadministrable requirements for the potential suppliers and suppliers, to the conditions of procurements;

      2) access to participation in the procurements of potential suppliers, not complying with requirements of documentation on procurements;

      3) refusal to the potential suppliers in the access to participation in procurement on the grounds, not provided by notification on conducting of procurement and (or) documentation on procurement.

      17. Collection of payment from the potential suppliers and suppliers for participation in the procurements, except for the cases, provided by the legislation of the member state on procurements shall not be allowed.

      18. The legislation of the member state on procurements may establish requirements to the potential suppliers and suppliers on ensuring of application for participation in the procurements, as well as on ensuring for execution of agreement (contract) on procurement.

      The legislation of the member state on procurements shall establish the amount and form of ensuring of application for participation in procurement, as well as ensuring of execution of agreement (contract) on procurement. Upon that the amount of ensuring of application for participation in procurement shall not exceed 5 percent of initial (maximum) price of agreement (contract) on procurement (estimated cost of procurement), and ensuring of execution of agreement (contract) on procurement – 30 percent of initial (maximum) price of agreement (contract) on procurement (estimated cost of procurement), except for the cases when the payment of advance is provided by agreement (contract) on procurement. In this case the amount of ensuring of execution of agreement (contract) on procurement shall contain not less than 50 percent of the amount of advance.

      In the case if agreement (contract) on procurement contains a requirement on provision of advance to the supplier, the supplier shall have a right to refuse it.

      The legislation of the member state on procurements shall establish not less than 2 methods (types) of ensuring of application for participation in procurement and ensuring of execution of agreement (contract) on procurement.

      Upon that as the ensuring of application for participation in procurement and ensuring of the use of agreement (contract) on procurement shall be also accepted:

      guaranteed financial contribution, which is made to the banking account of customer or in the case if it is established by the legislation of the member state on procurements, procurement authority, operator of electronic trading platform (electronic platform);

      bank guarantee.

      Requirements to the bank guarantees for the purposes of procurements shall be established by the legislation of the member state.

      The legislation of the member state on procurements shall establish the requirement on timely return of ensuring of application for participation in procurement and ensuring of execution of agreement (contract) on procurement to the potential suppliers and suppliers in the cases, provided by such legislation.

      19. Documentation on procurement and other documents upon conducting of procurements shall not include requirements or specifications for the trademarks, service marks, firm names, patents, utility models, industrial designs, appellation of origin of goods, producer or supplier, except for the cases, when there is no other sufficiently precise way of describing the characteristics of the object of procurements (in such cases the customer includes the word “or equivalent (analogue)” to the documentation on procurement). The exception is the incompatibility of the purchased goods with the goods, used by the customer, if it is necessary to ensure compatibility of such goods (as well as for regeneration, modernization and retrofit of basic (established) equipment).

      Customer shall have a right to establish the standard indicators, requirements, conventional designations and terminology, concerning the technical and qualitative characteristics of object of procurement, determined in accordance with technical regulations, standards and other requirements, provided by international treaties and acts, constituting the Union law and (or) legislation of the member state.

      20. The members of commission (as well as competitive, auction and quotation) may not be individuals, personally interested in the results of procurements (as well as individuals, filing the applications for participation in the competition, auction, request for pricing proposals (request for quotation) or request for proposals), employees of potential suppliers, filed the applications for participation in competition, auction, request for pricing proposals (request for quotation) or request for proposals, or individuals, on which the potential suppliers (as well as individuals who are participants (shareholders) of potential suppliers, employees of their regulatory bodies and creditors of potential suppliers), as well as civil servants of authorized regulating and (or) controlling bodies of power of the member state in the scope of procurement, directly exercising control in the scope of procurements may have influence.

      21. Agreement (contract) on procurement shall contain the following compulsory conditions:

      1) responsible of parties for non-performance or improper performance of obligations, provided by such agreement (contract) on procurement;

      2) order of payment, as well as carrying out of procurement for assessment of its compliance (as well as on the quantity (volume), completeness, quality) with requirements, established by agreement (contract) on procurement by the customer of acceptance of result;

      22. The legislation of the member state on procurements shall provide a prohibition for:

      1) establishment of conditions of agreement (contract) on procurement, which involve restriction of the number of potential suppliers and suppliers in the cases, not provided by such legislation;

      2) unilateral refusal of customers and suppliers to perform the contractual obligations, in the case of proper performance of obligations by the other party on agreement (contract) on procurement and in the cases, not provided by such legislation;

      3) change of conditions for performance of contractual obligations, as well as change of the price of agreement (contract) on procurement, except for the cases, provided by such legislation. Quantity reduction of goods, volume of works and services without proportional reduction of price of agreement (contract) on procurement shall not be allowed.

      23. Conclusion of agreement (contract) on procurement with several suppliers shall be allowed in the cases, provided by the legislation of the member state.

      24. The legislation of the member state on procurements may establish requirement on conclusion of agreement (contract) on procurement, providing procurement of goods or works, subsequent service, operation during the term of service, repair and disposal of supplied goods or object (agreement (contract) of the life cycle), created in the result of execution of work.

      25. The legislation of the member state on procurements in relation of specific procurements may provide the need for inclusion of additional condition of its execution (as well as not related with object of procurement) to the project of agreement (contract) on procurement, which is an integral part of documentation on procurement.

      26. The legislation of the member state on procurements may provide the obligation of potential supplier and (or) supplier to provide information on all co-executors and subcontractors for agreement (contract) on procurement to the customer.

      27. The legislation of the member state on procurements may provide a banking support of agreement (contract) on procurement.

      28. The member states shall seek to transfer for conclusion of agreements (contracts) on procurements in electronic format before 2016.

      29. The member states shall ensure disclosure and transparency of procurements, as well as by:

      1) creation of web-portal by each member state;

      2) publication (placement) of information on procurements, register of unfair suppliers (as well as in Russian language) on web-portal;

      3) publication (placement) of regulatory legal acts of the member states in the scope of procurements (as well as in Russian language) on web-portal;

      4) determination of limited number of electronic trading platforms (electronic platforms) and (or) web-portal as a single point of access to information on procurements in electronic format and to the electronic services, related with such procurements, in the case if it is provided by the legislation of the member state on procurements;

      5) organization of unimpeded and free access to information on procurements, register of unfair suppliers and regulatory legal acts of the member state in the scope of procurements, published (placed) on web-portal, as well as ensuring the extensive search of details on such information, register and acts.

III. National regime and features of its ensuring

      30. Each member state shall ensure the national regime in the scope of procurements in relation of goods, works and services, originating from the territory of other member states, as well as in relation of potential suppliers and suppliers of other member states, offering such goods, works and services.

      31. The member state shall have a right to establish the exemptions from the national regime in the exceptional cases for the term not more than 2 years in accordance with unilateral procedure.

      32. Authorized regulating and (or) controlling body of power of the member state in the scope of procurements shall timely, but not later than 15 calendar days before the date of adoption of the act on establishment of exemptions in accordance with paragraph 31 of this Minute, inform the Commission and each member state on adoption of such act with the ground of necessity of its adoption in written form.

      The member state, received such notification may apply with proposal on conducting of relevant consultations to the body, directing it.

      The member state, directed such specification may not refuse in conducting of consultations.

      33. Commission shall have a right to adopt a decision on the need of cancellation the act on establishment of exemptions, adopted by the member state in accordance with paragraph 31 of this Minute during 1 year from the date of its adoption.

      In the case of adoption a decision on the need of cancellation the specified act by Commission, the member state, adopted it shall ensure making relevant amendments in such act (shall be considered to have lost force) within a period of 2 months.

      Consideration of notifications by Commission on adoption of acts in accordance with paragraph 31 of this Minute and requests of the member states on issues of their cancellation, as well as adoption of decisions by Commission on the need of cancellation of such acts shall be carried out in the manner determined by Commission.

      In the case if upon expire of 2 months from the date of entering of decision of Commission for the need of cancellation the act, adopted in accordance with paragraph 31 of this Minute into legal force, the member state, in relation of which the specified decision is made does not perform it, each of the other member states shall have a right not to distribute the national regime on such member state in accordance with unilateral procedure. Notification on that shall be immediately directed to Commission and each of the member states.

      34. In the case if the member state does not perform the obligations, provided by section XXII of Agreement and this Minute, other member states shall have a right to apply to Commission. According to the results of consideration of application, the Commission shall adopt one of the following decisions:

      on absence of fact of violation;

      on recognition of fact of violation and necessity of elimination of detected violation by the member state.

      In the case if upon expire of 2 months from the date of adoption of decision for the need of elimination the detected violation, the member state in relation of which such decision is made does not execute it, each of the other member states shall have a right not to distribute the national regime on such member state in accordance with unilateral procedure.

      Notification on that shall be immediately directed to Commission and each of the member states.

IV. Ensuring the rights and legal interests of person upon
participation in procurements

      35. Each of the member states shall take measures on prevention, detection and suppression of violations of its legislation on procurements.

      36. Volume of ensured rights and legal interests of persons in the scope of procurements shall be determined by section XXII of Agreement, this Minute and legislation of the member state on procurements.

      37. Each member state shall ensure existence of authorized regulating and (or) controlling bodies of power in the scope of procurements in accordance with its legislation for the purposes of ensuring the rights and legal interests of persons in the scope of procurements, as well as carrying out control of observance of the legislation of the member state on procurements. Upon that it is allowed the execution of these functions by body, the competence of which shall also include:

      1) carrying out control in the scope of procurements (as well as by conducting of verifications);

      2) consideration of complaints and applications in relation of decisions and actions (omission) of customers, procurement authorities, operators of electronic trading platforms (electronic platforms), operators of web-portals, commodity exchanges, commissions and other persons upon carrying out of procurements, violating the legislation of the member state on procurements. Upon that not only any potential supplier, but other person shall have a right to appeal the decisions and actions (omission) of customers, procurement authorities, operators of electronic trading platforms (electronic platforms), operators of web-portals, commodity exchanges, commissions and other persons upon carrying out of procurements, adopted (committed) before termination of the term of filing of applications for participation in procurement in the manner established by the legislation of the member state on procurements;

      3) prevention and detection of violations of the legislation of the member state on procurements, as well as adoption of measures on elimination of specified violations (as well as by issuance of regulation, compulsory for execution, on elimination of such violations and bringing of guilty persons to responsibility for such violations)

      4) formation and maintenance of register of unfair suppliers.

V. Ensuring measures, improving the efficiency of procurements
and social functions directed to implementation

      38. The legislation of the member state on procurements shall be established requirements on planning of procurements.

      39. The legislation of the member state on procurements may provide the following regulations, improving the efficiency of procurements:

      1) rationing of procurements by establishment the requirements to the procured goods, works and services (as well as to the limit price of goods, works and services) and (or) regulatory costs for ensuring the functions of customers;

      2) carrying out of public control and public discussion of procurements;

      3) application of anti-dumping measures;

      4) involvement of experts, expert organizations.

      40. Benefits for institutions and enterprises of correctional system, organizations of disabled persons, small and medium-sized business entities, as well as socially oriented non-commercial organizations may be established in the cases and manner provided by the legislation of the member state on procurements, upon carrying out of procurements.

      Information on such benefits shall be specified by the customer in notification on conducting of procurement and documentation on procurement.

      41. The Commission jointly with authorized regulating and (or) controlling bodies of power of the member states in the scope of procurements shall conduct the meetings at the level of the heads and experts not less than 3 times a year for discussion of the most topical issues of law enforcement practice, information exchange, improvement and harmonization of legislation, joint development of methodological materials.

  Annex No.1
  to the Minute on procedure
  of regulation the procurements

Requirements to organization and conducting of competition,
request for the pricing proposals (request for quotations),
request for proposals, auction and procurement from single
source or single supplier (executor, contractor)

      1. Competition shall be conducted in electronic format, providing filing of applications for participation in competition in the form of electronic document.

      The winner of competition shall be recognized the potential supplier who offered the best conditions for execution of agreement (contract) on procurement.

      Establishment of criterion for assessment, as well as procedure of assessment and comparison of applications for participation in competition, involving partial and (or) inadministrable definition of supplier, not corresponding to the legislation of the member state on procurements shall not be allowed.

      2. Competition shall be conducted in recognition of the following requirements:

      1) approval of competitive documentation;

      2) approval of composition of competition committee;

      3) publication (placement) of notification on conducting of competition and competitive documentation on web-portal in the terms provided by the legislation of the member state on procurements, but not less than 15 calendar days before the date of termination of filing of applications for participation in competition. In the case of making amendments to notification on conducting of competition and (or) competitive documentation, the term of filing of applications for participation in competition shall be extended so that this term is not less than 10 calendar days from the date of publication (placement) of amendments on web-portal to the date of termination of filing the applications for participation in competition. Upon that the change of the subject of agreement (contract) on procurement shall not be allowed;

      4) explanation of provisions of competitive documentation and publication (placement) of such explanations on web-portal not later than 3 calendar days before the date of termination of filing of applications for participation in competition. Explanation of provisions of competitive documentation on request shall be carried out not later than 5 calendar days before the date of termination of filing of applications for participation in competition;

      5) filing of applications for participation in competition in the form of electronic document on the electronic trading platform (electronic platform) and (or) web-portal;

      6) disclosure, consideration of applications for participation in competition for determination of applications, corresponding to the requirements of competitive documentation by the competition committee for the purposes of access of potential suppliers for participation in competition;

      7) publication (placement) of minutes of disclosure on web-portal, consideration of applications for participation in competition and access of potential suppliers for participation in competition and informing each potential supplier on results of such disclosure, consideration and access not later than the day, following the day of adoption of relevant decisions by competition committee;

      8) assessment, comparison of applications for participation in competition, presented by potential suppliers, admitted for participation in competition, as well as determination of the winner of competition and publication (placement) of relevant minute on web-portal, informing each potential supplier on results of such assessment, comparison and determination of the winner of competition not later than the day, following the day of adoption of relevant decisions by competition committee;

      9) conclusion of agreement (contract) for procurement on conditions, specified in application for participation in competition of potential supplier, determined as the winner of competition, and in competitive documentation not early than 10 calendar or business days and not later than 30 calendar days from the date of adoption of decision on determination of the winner of competition or recognition of competition as failed in the cases, determined by the legislation of the member state on procurements.

      The legislation of the member state on procurements shall also establish procedure and priority of conclusion of agreement (contract) on procurement between the customer and potential supplier based on the need of conclusion of agreement (contract) on procurement with potential supplier, offered the best conditions of execution of agreement (contract) on procurement, as well as procedure of actions of customer in the case of recognition of competition as failed;

      10) publication (placement) of details on result of competition on electronic trading platform (electronic platform) and (or) web-portal and informing each potential supplier on results of competition not later than the day, following the day of adoption of relevant decisions by competition committee.

      3. The requirements, established in paragraphs 1 and 2 of this Minute shall be applied upon conducting of competition, providing prequalification, in recognition of the following features:

      1) the winner of competition shall be determined from the number of prequalified potential suppliers;

      2) additional requirements shall be applied to the potential suppliers and suppliers for carrying out of prequalification and may not be used as criteria for assessment and comparison of applications for participation in competition.

      4. Competition may be conducted with the use of two-stage procedures in the cases and procedure, determined by the legislation of the member state on procurements.

      The measures on formation shall be conducted by the expert (expert commission) of technical specification of procured goods, works and services on the basis of technical proposals of potential suppliers, developed in accordance with technical specification of customer at the first stage of competition with the use of two-stage procedures.

      The measures provided for conducting of competition in recognition of requirements, specified in paragraphs 1 and 2 of this annex shall be conducted at the second stage of competition with the use of two-stage procedures.

      5. The limit initial (maximum) price of agreement (contract) on procurement (estimated cost of procurement), shall be determined by the legislation of the member state on procurements for application of the method of request for pricing proposals (request for quotation) as well as upon procurement of goods, works and services on the lists according to the annexes No.2 and 4 to the Minute on procedure of regulation of procurements (annex No.25 to Agreement on Eurasian Economic Union).

      The winner of request for the pricing proposals (request for quotation) shall be recognized the potential supplier, offered the lowest price of agreement (contract) on procurement.

      Any of the member state shall seek to transfer from conducting of request for pricing proposals (request for quotation) to preferential holding of auctions.

      Upon conducting of procurement by the method of request for pricing proposals (request for quotation), the notification on its conducting shall be published (placed) on web-portal in the terms established by the legislation of the member state on procurements, but not less than 4 business days before the date of termination of filing of applications for participation in the request for pricing proposals (request for quotation).

      The minutes of commission, executed in the course of conducting the request for pricing proposals (request for quotation) shall be published (placed) on the electronic trading platform (electronic platform) and (or) web-portal, and notifications on decisions, adopted by quotation commission shall be directed to each potential supplier not later than the day, following the day of their adoption.

      6. Procurements by conducting of request for proposals may be carried out in relation of goods, works and services, provided by annex No.2 to the Minute on procedure of regulation of procurements (annex No.25 to Agreement on Eurasian Economic Union).

      The winner of request for proposals shall be recognized the potential supplier, offered the best conditions of execution the agreement (contract) on procurement in accordance with the legislation of the member state on procurements.

      Upon conducting of procurement by conducting of request for proposals, the notification on its conducting shall be published (placed) on web-portal in the terms established by the legislation of the member state on procurements, but not less than 5 business days before the date of termination of filing of applications for participation in the request for proposals.

      The minutes of commission, executed in the course of conducting the request for proposals shall be published (placed) on the electronic trading platform (electronic platform) and (or) web-portal, and notifications on decisions, adopted by commission shall be directed to each potential supplier not later than the day, following the day of their adoption.

      7. Potential suppliers shall subject to compulsory accreditation for the term not less than 3 years on web-portal and (or) electronic trading platform (electronic platform) for the purposes of participation in auctions, if it is provided by the legislation of the member state on procurements.

      The winner of auction shall be recognized the potential supplier, offered the lowest price of agreement (contract) on procurement and compliance with requirements of documentation on auction.

      8. Auction shall be conducted in recognition of the following requirements:

      1) approval of documentation on auction;

      2) approval of composition of auction committee;

      3) publication (placement) of notification on conducting of auction and documentation on auction on electronic trading platform (electronic platform) in the terms provided by the legislation of the member state on procurements, but not less than 15 calendar days before the date of termination of filing the applications for participation in auction. In the case of making amendment in notification on conducting of auction and (or) documentation on auction, the term of filing of applications for participation in the auction shall be extended as that this term is not less than 7 calendar days from the date of publication (placement) of amendments on web-portal to the date of termination of filing the applications for participation in auction. Upon that the change of the subject of agreement (contract) on procurement shall not be allowed. In the case if the legislation of the member state on procurements provides the initial (maximum) price of agreement (contract) on procurement (estimated cost of procurement), upon which it is possible to conduct an auction in a short period, the legislation of the member state on procurements may establish the shorter terms for filing of applications for participation in auction than provided by this subparagraph, but not less than 7 calendar days before the date of termination of filing of applications for participation in auction, and in the case of making amendments in documentation on auction – not less than 3 calendar days before the date of termination of filing of applications for participation in auction from the date of publication (placement) of such amendments on electronic trading platform (electronic platform) and (or) web-portal;

      4) explanation of provisions of documentation on auction and publication (placement) of such explanations on electronic trading platform (electronic platform) and (or) web-portal not later than 3 calendar days before the date of termination of filing of applications for participation in auction. Explanation of provisions of documentation on auction at the request shall be carried out in the case of its reception not later than 5 calendar days before the date of termination of filling of applications for participation in auction;

      5) filing of applications for participation in auction in the form of electronic document on electronic trading platform (electronic platform) or web-portal;

      6) disclosure and consideration of applications for participation in auction for determination of applications, corresponding to the requirements of competitive documentation on auction by the auction committee in a part of access of potential suppliers, presented them to the procedure, specified in subparagraph 8 of this paragraph;

      7) publication (placement) of minutes of disclosure on web-portal, consideration of applications for participation in auction and access of potential suppliers to procedure, specified in subparagraph 8 of this paragraph and informing each potential supplier on results of such disclosure, consideration and access not later than the day, following the day of adoption of relevant decisions by auction committee;

      8) conducting the procedure of reduction the initial (maximum) price of agreement (contract) on procurement (estimated cost of procurement) by auction for reduction of prices. Upon that the legislation of the member state on procurement may provide that in the case of reduction of price of agreement (contract) on procurement of up to 0,5 percent of initial (maximum) price of agreement (contract) on procurement (estimated cost of procurement) and lower, the auction shall be continued by the price increase of agreement (contract) on procurement, which the supplier pays to the customer in such case;

      9) publication (placement) of minute on results of procedure, specified in subparagraph 8 of this paragraph, on electronic trading platform (electronic platform) and (or) web-portal and informing each potential supplier on results of such procedure in the day of its termination;

      10) consideration of applications for participation in auction of potential suppliers, participated in procedure, specified in subparagraph 8 of this paragraph, by auction committee, for determination of potential suppliers, corresponding to the requirements, provided by documentation on auction, and determination of the winner of auction, as well as publication (placement) of minute on that on electronic trading platform (electronic platform) and (or) web-portal and informing each potential supplier on results of such consideration and determination of the winner of auction not later than the day, following the day of adoption of relevant decisions by auction committee;

      11) conclusion of agreement (contract) on procurement on conditions, specified in application for participation in auction of potential supplier, determined as the winner, and in the documentation on auction, on the price of agreement (contract) on procurement of such potential supplier according to the minute on results of procedure, specified in subparagraph 8 of this paragraph, not earlier than 10 calendar or business days and not later than 30 calendar days from the date of adoption of decision on determination of the winner of auction or recognition of auction as failed in the cases, determined by the legislation of the member state on procurements. The legislation of the member state on procurements shall establish procedure and priority of conclusion of agreement (contract) on procurement between the customer and potential supplier based on the need of conclusion of agreement (contract) on procurement with potential supplier, offered the lowest price of agreement (contract) on procurement, as well as procedure of actions of customer in the case of recognition of auction as failed;

      12) publication (placement) of details on result of auction on electronic trading platform (electronic platform) and (or) web-portal and informing each potential supplier on results of auction not later than the day, following the day of adoption of relevant decisions by auction commission.

      9. Carrying out of procurements without application of rules, regulating the choice of supplier and conclusion of agreement (contract) on procurement with it shall be allowed in the case if it is provided by the legislation of the member state on procurements. Upon that such procurements shall be carried out in accordance with the civil legislation of the member state in the cases provided by annex No.3 to the Minute on procedure of regulation of procurements (annex No.25 to Agreement on Eurasian Economic Union).

      10. Procurement from a single source or single supplier (contractor, executor) shall be carried out in the existence of calculation and substantiation of price of agreement (contract) on procurement.

      Requirements to publication of information on procurement from a single source or single supplier (contractor, executor) shall be determined by the legislation of the member state on procurements.

  Annex no.2
  to the Minute on procedure
  of regulation of procurements

The list of the cases of carrying out of procurements
by conducting of request for proposals

      1. Carrying out of procurements of goods, works or services that are the subject of agreement (contract) on procurement, termination of which is carried out by the customer in recognition of requirements of paragraph 22 of Minute on procedure of regulation of procurements (annex No.25 to Agreement on Eurasian Economic Union). Upon that in the case if the supplier is partially performed the obligations, provided by agreement (contract) on procurement, upon conclusion of a new agreement (contract) on procurement on the basis of this paragraph before the termination of agreement (contract) on procurement, the amount of supplied goods, volume of executed work or rendered service shall be reduced in recognition of the amount of supplied goods, volume of executed work or rendered service on terminated agreement (contract) on procurement, and the price of agreement (contract) on procurement shall be reduced in proportion to the amount of supplied goods, volume of executed work or rendered service.

      2. Carrying out of procurement of medicinal products, necessary for prescription to the patient in the existence of medical conditions (idiosyncrasy, for health reasons) by decision of health authority, which is recorded in the medical documents of patient and journal of health authority. Upon that the volume of procured medicinal products shall not exceed the volume of medicinal products, necessary to the patient during the treatment period. In addition, upon carrying out of procurements in accordance with this paragraph, the subject of one agreement (contract) on procurement may not be the medicinal products, necessary for prescription to two and more patients.

  Annex No.3
  to the Minute on procedure
  of regulation of procurements

The list of cases for carrying out of procurements from
a single source or single supplier (executor, contractor)

      1. Procurements of services, relating to the scope of activity of natural monopolies, except for the services on sale of liquefied gas, as well as connection (joining) to the engineering networks on prices (tariffs) regulated in accordance with the legislation of the member state, services of energy supply or purchase and sale of electric energy with guaranteeing supplier of electric energy.

      2. Procurements of services on storage and import (export) of narcotic drugs and psychotropic substances.

      3. Acquisition of goods, works and services on prices (tariffs), established by the legislation of the member state.

      4. Supply of cultural values (including museum objects and museum collections, as well as rare and valuable books, manuscripts, archival documents, including copies of historical, artistic or other cultural significance), intended for replenishment of the state museum, library, archival fund, cinema-, photo fund and other similar funds.

      5. Execution of work on mobilization preparation.

      6. Acquisition of goods, works and services from the particular person, determined by the legislative acts of the member state, as well as acquisition of goods, works and services, supply, execution or rendering of which may be carried out exclusively by executive bodies in accordance with their powers or state institutions subordinated to them, state (unitary) enterprises, legal entities, 100 percent of the voting shares (share of participation) of which are owned by the state, relevant powers of which are established by the legislative acts of the member state, acts of the head of the member state.

      7. Acquisition of separate goods, works and services due to occurrence of circumstances of insuperable force, as well as emergency situation (localization and (or) emergency recovery) accident, urgent medical intervention, for which reason carrying out of procurements by other means that require time consumption, is impractical.

      8. Acquisition of goods, works and services from institutions and enterprises of correctional system, medical and industrial (labor) preventative clinics and medical and industrial (labor) workshops, as well as from organizations created by public associations of disabled persons, in which the number of disabled persons is not less than 50 per cent of the accountable strength of employees.

      9. Acquisition of raw material, materials and components by institution, executing punishment, for production of goods, works and services for the purposes of employment of convicts on the basis of agreements, concluded with legal entities, on the condition that the acquisition of such raw materials, materials and components by the specified institution shall be carried out at the expense of means, provided by these agreements.

      10. Procurements, which according to the results of procedures are recognized as failed (in the cases, provided by the legislation of the member state on procurements).

      11. Communication services for the needs of national defense and national security, and law enforcement.

      12. Determination of the maximum amount of transactions (or limit quarterly or annual volume), which may be established by the legislation of the member state and upon which it is allowed to carry out procurements from a single source or a single supplier (executor, contractor), upon that the specified amount does not bear individual character (the member states seek to minimize the specified threshold for the purposes of maximum expansion of access of potential suppliers to procurements).

      13. Placement of an order for the supply of arms and military equipment from a single supplier in accordance with the legislation of the member state, as well as the acquisition of works, services for repair (modernization) of weapons, military and special equipment.

      14. Specific procurement from a potential supplier, determined by decree or order of the head of the member state, the order of the supreme executive authority of the member state by decision or instruction of the head of the member state. Decisions and actions in relation of adoption of such acts shall be carried out in the manner provided by paragraphs 32 and 33 of the Minute on procedure of procurement regulation (annex No. 25 to the Agreement on the Eurasian Economic Union).

      15. Acquisition of works of art and literature of certain authors (except for the acquisition of film projects in order to hire), execution of specific performers, phonograms of specific executors in the case if a single person has exclusive rights to such works, performances and phonograms.

      16. Subscription to certain periodic printed and electronic publications, as well as procurement of printed and electronic publications of certain authors, rendering of services on provision of an access to the electronic publications for ensuring activity of the state and municipal educational institutions, state and municipal libraries, state scientific organizations from the publishers of such printed and electronic publications in the case if the specified publishers have the exclusive rights to use such publications.

      17. Placement of an order for access to the zoo, theater, cinema, concert, circus, museum, exhibition and sports event, as well as conclusion of an agreement (contract) on procurement for rendering of services on sale of entrance tickets and subscriptions to visit the theaters, cultural and educational, entertainment events, excursion tickets and sightseeing trip tickets.

      18. Procurement of materials of exhibitions, seminars, conferences, meetings, forums, symposiums, trainings and payment for participation in these events, as well as conclusion of an agreement (contract) on procurement for rendering of services to participate in events organized for the needs of several customers with the supplier (executor, contractor), which is determined by the customer, that is an organizer of the event, in the manner determined by the legislation of the member state.

      19. Procurement of teaching services and interpreter (guide) services from individuals.

      20. Placement of an order by the theatrical entertainment organization, museum, club, organization of cinematography, other cultural organizations, educational institutions in the field of culture, television and radio broadcasting organization at the specific individual or specific individuals - writer, actor, ballet-master, a master of television or radio program, designer, band director, playwright, trainer, composer, accompanist, the author of libretto, operator of film, video, sound recordings, writer, poet, director and tutor, sculptor, choreographer, chorus master, painter and other creative specialist to create or performance the works of literature or art, as well as at the specific individual, including individual entrepreneur or legal entity for production and supply of decoration, stage furniture, stage outfit (including head-dresses and shoes) and necessary for creation of decoration and stage outfit of materials, as well as theatrical props, props, makeup, postiche products, theatrical puppets necessary for creation and (or) execution of works by organizations, specified in this paragraph.

      21. Procurement of services for the field supervision of the development of design documentation of objects for capital construction, field supervision of construction, reconstruction and capital repair of construction by relevant authors.

      22. Placement of an order for conducting of technical and field supervision of performance of works on preservation of cultural heritage (historical and cultural monuments) of peoples of the member states.

      23. Procurement of services related with direction of the employee to the business trip, pupils, students, post-graduate students for participation in creative contests (competitions, Academic Olympics, festivals, games), exhibitions, plain-airs, conferences, forums, master classes, probations, implementation of educational practical tasks, including travel to the place of conducting of these events and back, hiring of premises, transport service, provision of meals, as well as goods and services related with hospitality expenses.

      24. Placement of an order for rendering of services related to ensuring the visits of heads of foreign states, heads of governments of foreign states, heads of international organizations, parliamentary delegations, government delegations, delegations of foreign states (hotel, transport service, operation of computer equipment, provision of meals).

      25. Procurement of goods, works and services necessary to ensure protection and security of the head of the member state, other protected persons and objects intended for residence of protected persons (domestic, hotel, transport service, operation of computer equipment, provision of sanitary and epidemiological welfare, provision of safe food) as well as services on formation of video archive and information service of activity of the head of the state member.

      26. Procurement of material valuables sold from the state and mobilization material reserves.

      27. Occurrence of the need for additional amount of relevant goods at the customer, carried out procurement from a particular supplier, upon that the amount of additionally procured goods may not exceed 10 percent of the amount of goods, provided by agreement (contract) on procurement (unit price of additionally supplied goods shall be determined as individual from division the initial price of the contract by the amount of such goods, provided in contract).

      28. Carrying out of procurement of services for the management of the apartments on the basis of the choice of the owners of premises in the apartment or local government body in accordance with the housing legislation of managing authority, if the premises in the apartment are in a private, state or municipal property.

      29. Conclusion of an agreement (contract) on procurement, the subject of which is acquisition of building, structure, construction, premise, having residential purpose, determined by the act in accordance with the legislation of the member state, as well as rent of building, structure, premise, having residential purpose, procurement of services for technical content, protection and maintenance of the rented premise, procurement of services on technical maintenance, protection and service of one or several non-residential premises, transferred for the free use to the state or municipal customer, in the case if these services are rendered to another person or persons using the non-residential premises located in the building, in which the premises transferred for free use and (or) operational management are located.

      30. The need for carrying out of procurements for daily and (or) weekly requirements for the period before the results of procurements and entering of agreement (contract) on procurement into legal force, in the case if such procurement is carried out during the first month on the list established by the legislation of the member state. In this case, the volume of procurement may not exceed the amount of goods, volume of works and services necessary to ensure the needs of the customer during the term of carrying out of procurement, but not more than 2 months.

      31. Acquisition of goods, works and services for implementation of operational and investigative activity, investigatory actions, by bodies authorized to carry out them for the security of persons, subject to the state protection, in accordance with the legislation of the member state, as well as the services of civil servants and specialists having the necessary scientific and technical or other special knowledge.

      32. Acquisition of the right of natural resource use.

      33. Acquisition of services for training, retraining and advanced training of employees abroad.

      34. Acquisition of services of rating agencies, financial services.

      35. Acquisition of services of specialized libraries for the blind and visually impaired citizens.

      36. Acquisition of securities and shares in the charter capital (charter fund) of legal entities.

      37. Acquisition of goods, works and services necessary for conducting of elections and referendums in the member state according to the list provided by the legislation of the member state.

      38. Acquisition of goods, works and services carried out in accordance with international agreements of the member states, according to the list approved by the supreme executive body of the member state, as well as in the implementation of investment projects financed by international organizations, the member of which is the member state.

      39. Conclusion of an agreement (contract) on procurement of geodetic, cartographic, topographic and hydrographic support of delimitation, demarcation and verification of passage the line of the state border, as well as delimitation of maritime spaces for the purposes of performance the international obligations of the member state.

      40. Acquisition of goods, works and services related with the use of cash grants, provided by supreme executive body of the member state on a grant basis by the states, state governments, international and state organizations, foreign non-governmental public organizations and funds, activity of which bears the charitable and international character, as well as monetary funds allocated to co-financing of these grants in the cases when the agreements on their provision provide other procedures of procurement of goods, works and services.

      41. Acquisition of services related with the state educational order for individuals (in the case if individual independently selected an educational organization).

      42. Acquisition of services for the treatment of citizens of the member states abroad, as well as services for their transportation and maintenance.

      43. Acquisition of goods and services which are the objects of intellectual property, from person who has the exclusive rights in relation of acquired goods and services.

      44. Acquisition of goods, works and services by foreign institutions of the member states, separate subdivisions of customers acting on their behalf, for ensuring of its activity in the territory of a foreign state, as well as for purposes of peacekeeping operations.

      45. Acquisition of services on provision of information by international news organizations.

      46. Acquisition of goods, works and services necessary for carrying out of monetary activity and activity for management of the national fund of the member state and pension assets.

      47. Acquisition of consulting and legal services on protection and provision of interests of the state or customers in international arbitration, international commercial arbitration and international judicial bodies.

      48. Acquisition of services on property trust of a person determined by the legislation of the member state.

      49. Acquisition of services on data processing of statistical observations.

      50. Acquisition of property (assets), sold at the tenders (auctions) by the officers of justice in accordance with the legislation of the member state on enforcement proceedings, conducted in accordance with the legislation of the member state on bankruptcy, land legislation and privatization of the state property.

      51. Acquisition of services rendered by lawyers to persons released from their payment in accordance with the legislation of the member state.

      52. Acquisition of goods to the state material reserve for making the regulatory impact on the market in the case, established by the legislation of the member state.

      53. Acquisition of services for the storage of material values of the state material reserve.

      54. Acquisition of services for the preparation and organization of the space-flights of astronauts in the case, established by the legislation of the member state, as well as services for design, assembly and testing of the spacecraft.

      55. Acquisition of services for repair of aviation equipment in the specialized repair enterprises.

      56. Acquisition of services for the production of the state and departmental awards and documents to them, the badge of the deputy of the legislative body of the member state, and document to it, state verification marks, passports (including official and diplomatic), identity card of the citizen of the member state, residence permit of a foreigner in the member state, certificates of stateless persons, certificates of registration of acts of civil status, as well as procurement of printed production that require a special level of protection from suppliers, determined by the supreme executive body of the member state, according to the list approved by the supreme executive body of the member state.

      57. Procurement of precious metals and gems to replenish the state fund of precious metals and gems.

      58. Acquisition of services on compulsory medical examinations of workers engaged in heavy works, works under harmful (particularly harmful) and (or) dangerous working conditions, as well as works related with increased risk, machinery and mechanisms.

      59. Acquisition of sports equipment and equipment (outfit), sport outfit, necessary for participation and (or) preparation of sports national and picked teams of the member state, as well as for participation of sports national and picked teams of the member state in the Olympic, Paralympic, Deaflympic and other international sports events on the basis of schedule plan, approved by the state administration body, carrying out regulation in this scope.

      60. Acquisition of goods, works and services at the expense of funds allocated from the reserve of the head of the member state or government of the member state to the immediate costs in the case of situations that threaten the political, economic and social stability of the member state or its administrative-territorial units.

      61. Acquisition of goods, works and services necessary for ensuring of activity of special forces units of law-enforcement and special state bodies related with detection and suppression of explosive substances and explosive devices, conducting of anti-terrorist operations, as well as special operations on release of hostages, arrest and neutralization of armed criminals, extremists, terrorists and members of organized criminal groups, persons, committed the grave and especially grave crimes.

      62. Acquisition of special social services provided by a guaranteed volume of special social services provided to the persons (families, consisting of persons) with permanent disabilities of the body caused by physical and (or) mental abilities, and (or) persons without definite place of residence, as well as persons (families, consisting of persons) who are incapable to self-care due to advanced age, as well as services for the assessment and determination of the need for special social services.

      63. Acquisition of products of national artistic trades, in the cases determined by the legislation of the member state.

  Annex No.24
  To the Minute on procedure
  of regulation of procurements

The list of goods, works and services on which the procurements
are carried out by conducting of auction

      1. Agricultural products, hunting products, services in the agricultural sector and hunting, except for the live animals, products and services related with hunting, fishing and game propagation, as well as products of hunting and fishing of game.*

      2. Forest products and logging, services for forestry and logging.

      3. Products of fishery, fish hatcheries and fish farms, services related with fishery.*

      4. Coal, lignite and peat.

      5. Crude oil and natural gas, services in their production, except for engineering survey works.

      6. Metallic ores.

      7. Stone, clay, sand and other types of mineral raw materials.

      8. Foods and beverages.*

      9. Textiles and textile products.

      10. Clothes, fur and fur goods, except for the children's clothes.

      11. Leather and leather goods, saddlery and footwear.

      12. Wood, products of wood, cork, straw and plaiting, except for the furniture.

      13. Pulp, paper, paperboard and products from them.

      14. Graphic and printed products, except for the promotional materials, drawings, drafts, printed photos, souvenir and gift sets (pads and notebooks), voting ballots in elections and referendums.

      15. Products of coke ovens.

      16. Products of organic and inorganic synthesis.

      17. Rubber and polymer products.

      18. Non-metallic mineral products, except for the glass household products, products for interiors, as well as ceramic non-construction, non-fireproof products.

      19. Metal industry products.

      20. Metalwork products, except for the machinery, equipment, nuclear reactors and parts of nuclear reactors, charge particle accelerators.

      21. Machinery and equipment not included in other categories, except for the weapons, ammunition and their parts, explosive devices and explosive substances the national economic purpose.

      22. Office and computing technique.

      23. Electric motors and electrical facility (including electric equipment), not included in other categories.

      24. Equipment and facility for radio, television and communication.

      25. Medical equipment and apparatus, measuring instruments, photo and cinema equipment (except for the medical equipment and medical products, determined by the legislation of the member state on procurements).

      26. Motor vehicles, trailers and semitrailers, car bodies, parts and automobile accessories, garage equipment.

      27. Other transport vehicles, except for the commercial and passenger vessels, warships, air and spacecraft, equipment and aircraft parts.

      28. Finished products, except for the jewelry and related products, musical instruments, games and toys, equipment for the training of the labor process, textbooks and school equipment, arts and crafts items, works of art and collectibles, exposed film, human hair and animals, from synthetic materials and products from it.

      29. Waste and scrap in the form suitable for the use as a new raw material.

      30. Services for trading, maintenance and repair of motor vehicles and motorcycles.

      31. Wholesale and commission trade services, except for the motorcars and motorcycles trade.

      32. Land transport services, except for the railway transport services, subway services, pipeline transportation services.

      33. Water transport services.

      34. Auxiliary and additional transport services, services in the field of tourism and excursions, except for the services of travel and tourist agencies, other services on rendering of assistance to the tourists.

      35. Communication, except courier services, except for the services of national mail, electrical communication services.

      36. Financial intermediation services, except for the insurance and pension provision, services for organization of issuance of bond loans.

      37. Services, which are auxiliary in relation to financial intermediation, except for the valuation services.

      38. Services on maintenance operations and repair of office equipment, computers and peripheral equipment used jointly with them.

      39. Services for cleaning of buildings.

      40. Packaging services.

      41. Services for waste disposal, sanitary processing and similar services.

      *Except for the procurements in organizations, carrying out the disciplinary, educational process for children, healthcare organizations, social service institutions and recreation organizations for children, public catering services for the specified institutions and organizations.

  ANNEX No.26
  to the Agreement
  on Eurasian Economic Union

MINUTE on security and protection of rights on the intellectual properties I. General provisions

      1. This Minute is developed in accordance with section XXII of Agreement on Eurasian Economic Union and regulates relations in the scope of security and protection of rights on the intellectual properties.

      2. Intellectual properties shall be regarded as scientific, literary and artistic works, electronic computer programs (computer programs), phonograms, performances, trade and service marks, geographical indications, appellation of origin of goods, inventions, useful models, industrial designs, selection achievements, topologies of integrated microcircuits, production secrets (know-how), as well as other intellectual properties, to which the legal protection is provided in accordance with international treaties, international treaties and acts, constituting the Union law and the legislation of the member states.

II. Copyright and related rights

      3. Copyright shall be distributed to works of science, literature and art. Author of the work shall have, in particular, the following rights:

      1) exclusive right to work;

      2) copyright;

      3) a right on name;

      4) a right of integrity of the work;

      5) a right to public disclosure of the work;

      6) other rights established by the legislation of the member states.

      4. The member states shall ensure observance of terms for protection of exclusive right to the work of author, exclusive right to the work, created in co-authorship, exclusive right to the work, published after the death of author, which will be not less than the terms, established by the Berne Convention on protection of literary and art works dated 9 September, 1886 (is in the wording in 1971), Agreement of the World Trade Organization on the trade dimensions of rights to intellectual property dated 15 April, 1994. Long terms of protection of specified rights may be attached to the legislation of the member states.

      Electronic computer programs (computer programs), including the source code and object code shall be protected as a literary work in accordance with the Berne Convention on protection of literary and art works dated 9 September, 1886 (is in the wording in 1971).

      Composite works (encyclopedias, compilations and other works), presenting the result of the work on selection or arrangement of materials shall be protected without damage to the rights of authors of each work, constituting a part of composite work. Author of composite work has a copyright to compilation (selection or arrangement of materials). Upon that the composite works shall be protected by copyright irrespective of whether the copyright objects are the works, on which they are based, or they include.

      Derivative works (translations, adaptations, musical arrangements and other alterations of a literary or art work) shall be protected on equal terms with original works without damage to the rights of author of original work. Author of derivative work has the copyright to translation and other processing of another (original) work.

      5. The member states shall provide a right to permit or prohibit the public commercial rental of originals or copies of their works, protected by the copyright, in the territories of another member states, to the right holders in relation of cinematographic works.

      6. Property and personal non-property rights to results of performance activity (performance), phonograms and other rights, established by the legislation of the member states shall be related with copyright (related rights).

      Performer shall be regarded as individual, whose performance is created by creative work, - performing artist (actor, singer, musician, dancer or other person who performs, reads, declaims, sings, plays a musical instrument or otherwise participates in execution of works of literature, art or folk art, including variety, circus or puppet show), as well as production director of the play (a person, carried out the performance of theatrical, circus, puppet, variety or other theatrical production) and director.

      The member state shall provide the following rights to the performers of the member states on a reciprocal basis:

      exclusive right to performance;

      right to a name – right to specify its name or nickname on copies of phonogram and in other cases to use execution, right to specify the name of group of performers, except for the cases, when the character of the use of performance excludes a possibility of specification of the name of performer or the name of group of performers;

      other rights established by the legislation of the member states.

      7. Performers shall exercise its rights with observance of rights of authors of performed works. Rights of performer shall be recognized and remained in force irrespective of existence of effect of copyrights on performed work.

      8. The maker (producer) of phonogram shall be recognized as a person who has taken the initiative and responsibility for the first sound recording of performance or other sounds or the representations of these sounds. In the absence of evidences of another, the maker (producer) of phonogram shall be recognized as a person, the personal or business name of which is specified on a copy of the phonogram and (or) on its packaging in the usual manner.

      The member states shall provide the following rights to the makers (producers) of phonograms:

      exclusive right to phonogram;

      other rights, established by the legislation of the member states.

      9. The member states shall ensure observance of terms for protection of exclusive right to performance, exclusive right to phonogram, which will be not less than the terms, established by the Agreement of the World Trade Organization on the trade dimensions of rights of intellectual property dated 15 April, 1994 and International Convention on protection of rights of performers, producers of phonograms and broadcast organizations dated 26 October, 1961. Long terms of protection of specified rights may be attached to the legislation of the member states.

      10. Collective management organization of rights shall be organization, acting on the basis of powers, received from authors, performers, makers (producers) of phonograms and other holders of copyright and related rights, unless otherwise provided by the legislation of the member states, as well as powers, received from other collective management organization of rights, in the scope of management of relevant rights on collective basis for the purposes of obtainment of compensation for the use of items subject to copyright and related rights by the authors and other rights holders.

      Relations arising in connection with activity of collective management organization of rights for the purposes of ensuring the possibility of lawful use of items subject to copyright and related rights shall be regulated by international agreement within the Union.

III. Trademarks and service marks

      11. The trademark and service mark (hereinafter – trademark) shall be designation, protected in accordance with the legislation of the member state and international treaties, participants of which are the member states, and serving for ascertainment of goods and (or) services of certain participants of civil circulation from goods and (or) services of another participants of civil circulation.

      Verbal, figurative, volume and other designations, or their combinations may be registered in accordance with the legislation of the member state as the trade mark. A trademark may be registered in any color or color combination.

      12. Trademark owner shall have an exclusive right to use the trademark in accordance with the legislation of the member state and dispose of this exclusive right, as well as the right to prohibit to other persons to use the trademark or designation, similar to the point of confusion, in relation of similar goods and (or) services.

      13. The term of validity of original registration of trademark is 10 years. The specified term may be extended unlimited number of times by application of right holder of the trademark each time for the term not less than 10 years.

      Legal protection of trademark may be early terminated in the territory of the member state in relation of all goods and (or) services or part of goods and (or) services, for ascertainment of which the trademark is registered in the territory of this member state, due to non-use of trademark continuously during any 3 years after its registration in the manner provided by the legislation of this member state, except for the cases of non-use of the trademark on circumstances independent of right holder.

      Provision of legal protection to the trademark may be challenged and recognized as invalid in the manner and on the grounds, which are provided by the legislation of the member state, in the territory of which this trademark if registered.

IV. Trademarks of the Eurasian Economic Union and service
marks of the Eurasian Economic Union

      14. The member states shall carry out registration of the trademark of the Eurasian Economic Union and service mark of the Eurasian Economic Union (hereinafter – trademark of the Union). Legal protection shall be provided to the trademark of the Union simultaneously in the territories of all member states.

      Designation represented only in graphical format may be registered as the trademark of the Union.

      Right holder of the trademark of the Union shall have an exclusive right to use the trademark of the Union in accordance with the legislation of the member state and dispose of this exclusive right, as well as the right to prohibit to other persons to use the trademark of the Union or designation, similar to the point of confusion, in relation of similar goods and (or) services.

      15. Relations, arising in connection with registration, legal protection and use of the trademark of the Union in the territories of the member states shall be regulated by international treaty within the Union.

V. Principle of exhaustion of exclusive right to the trademark,
trademark of the Union

      16. Principle of exhaustion of exclusive right to the trademark, trademark of the Union shall be applied in the territories of the member states in accordance with which the use of this trademark, trademark of the Union in relation of goods, which were legally introduced to the civil circulation in the territory of any of the member states directly by the right holder of the trademark and (or) trademark of the Union or other persons with its consent, is not a violation of the exclusive right to the trademark, trademark of the Union.

VI. Geographical indications

      17. The geographical indication shall be regarded as designation, which identifies the goods as originated from the territory of the member state, region or locality in this territory, if the quality, reputation or other characteristic of the good is largely conditioned by its geographical origin.

      18. Legal protection may be provided to the geographical indication in the territory of the member state, if such legal protection is provided by the legislation of this member state or international treaties, participant of whom it is.

VII. Appellation of origin of goods

      19. Appellation of origin of goods which is provided by the legal protection is the designation, representing or containing a modern or historical, official or non-official, full or abbreviated name of the country, urban or rural settlement, locality or other geographical object, as well as designation, derived from such name and became known in the result of its use in relation of goods, special properties of which are exclusively or essentially determined by natural conditions and (or) human factors, typical for this geographical object.

      Specified provisions shall be applied to designation, which allows to identify the goods as originated from the territory of a particular geographical object, and although does not contain the name of this object, became known in the result of the use of this designation in relation of goods, special properties of which conform to the requirements specified in the first item of this paragraph.

      20. Designation shall not be recognized as appellation of origin of goods, although representing or containing the name of geographical object, but entered into common use as designation of goods of certain type, not related with the place of its production.

      Provision of legal protection to the appellation of origin of goods may be challenged and recognized as invalid in the manner and on the grounds, which are provided by the legislation of the member state.

      21. In relation of appellation of origin of goods, the member states shall provide the legal measures allowing to the interested parties to prevent:

      1) to use of any means upon designation or presentation of goods, which specify or evoke associations that these goods originate from geographical region, different from the present place of origin, so that it is able to mislead the consumer concerning the place of origin and special properties of goods;

      2) any use which represents an act of unfair competition within the meaning of Article 10-bis Paris convention on protection of industrial property dated 20 March, 1883.

VIII. Appellation of origin of goods of the
Eurasian Economic Union

      22. The member states shall carry out registration of appellation of origin of goods of the Eurasian Economic Union (hereinafter – appellation of origin of goods of the Union). Legal protection shall be provided to the appellation of origin of goods of the Union simultaneously in the territories of all member states.

      23. Relations, arising in connection with registration, legal protection and use of the appellation of origin of goods of the Union in the territories of the member states shall be regulated by international treaty within the Union.

IX. Patent rights

      24. Right to invention, utility model and industrial design shall be protected in the manner established by the legislation of the member states and approved by a patent which certifies priority, authorship and exclusive right to invention, utility model and industrial design.

      25. Author of invention, utility model or industrial design shall have the following rights:

      1) exclusive right to invention, utility model or industrial design;

      2) right of authorship.

      26. Author of invention, utility model or industrial design shall also have other rights, as well as the right to receipt of a patent, right to remuneration for the use of service invention, utility model or industrial design in the cases, provided by the legislation of the member states.

      27. The term of validity of exclusive right to invention, utility model, industrial design is:

      1) not less than 20 years – for inventions;

      2) not less than 5 years – for utility models;

      3) not less than 5 years – for industrial designs.

      28. Patent for invention, utility model or industrial design shall provide to the patent holder an exclusive right to use invention, utility model or industrial design by the method, not contradicting to the legislation of the member states, as well as the right to prohibit the use of specified objects to other persons.

      29. The member states shall have a right to provide restriction of rights, provided by a patent, upon condition that such exclusions do not cause unjustified damage to the common use of inventions, utility models or industrial designs and do not infringe the legal interest of patent holder by unreasonable way, considering the legal interests of third persons.

X. Selection achievements

      30. Protection of right to plant varieties and animal breeds (selection achievements) shall be carried out in the cases and manner established by the legislation of the member states.

      31. Author of selection achievement shall have the following rights:

      1) exclusive right to selection achievement;

      2) right of authorship.

      32. Author of selection achievement shall also have other rights, as well as the right to receipt of a patent, right to the name of selection achievement, right to remuneration for the use of official selection achievement in the cases, provided by the legislation of the member states.

      33. The term of validity of exclusive right to selection achievement is not less than 25 years for the plant varieties, animal breeds.

XI. Topologies of integrated microcircuits

      34. Topology of integrated microcircuit shall be spatially geometric arrangement of assembly of integrated circuits elements and connections between them, recorded in the material medium.

      35. Right of intellectual property to topologies of integrated microcircuit shall be protected in accordance with the legislation of the member states.

      36. Author of topology of integrated microcircuit shall have the following rights:

      1) exclusive rights to topology of integrated microcircuit;

      2) right of authorship.

      37. Author of topology of integrated microcircuit shall also have other rights, as well as the right to remuneration for the use of official topology in the cases, provided by the legislation of the member states.

      38. The term of validity of exclusive right to topology of integrated microcircuit is 10 years.

XII. Production secrets (know-how)

      39. The production secrets (know-how) shall be recognized as details of any character (industrial, technical, economic, organizational and other), as well as details on results of intellectual activity in scientific and technical scope, as well as details on methods of carrying out of professional activity, which have actual or potential commercial value by virtue of uncertainty them to third persons, to which the third persons do not have a free access on legal grounds and in relation of which the regime of commercial secret is introduced by the owner of such details.

      40. Legal protection of production secret (know-how) shall be provided in accordance with the legislation of the member states.

XIII. Law enforcement measures on protection of right to
intellectual properties

      41. Coordination of actions of the member states on protection of rights to intellectual property within the Union shall be carried out in accordance with international treaty within the Union.

  ANNEX No.27
  to agreement on
  Eurasian Economic Union

MINUTE
on industrial cooperation

      1. The concepts used in these Rules shall have the following meanings:

      “priority types of economic activity” – types of activity, determined by all member states as priorities for implementation of basic direction of industrial cooperation;

      “industrial cooperation” – sustainable mutually beneficial cooperation of economic entities of the member states in the field of industry;

      “industrial policy within the Union” – an activity of the member states on the basic directions of industrial cooperation, carried out by the member states both independently and upon consultative support and coordination of Commission;

      “industry” – a set of economic types of activity, relating to mining and processing industry, except for the food processing, in accordance with national classifiers of types of economic activity. Other types of industrial activity shall be regulated by relevant sections of Agreement on the Eurasian Economic Union;

      “industrial cluster” – a group of interrelated industrial and organizations related with them, complementing each other and thereby enhancing their competitive advantages;

      “technological platform” – an object of innovation infrastructure, allowing to ensure the effective communication and creation of advanced commercial technologies, high-technology, innovative and competitive products on the basis of participation of all interested parties (business, science, state, public organizations).

      2. The powers of Commission within the consultative support and coordination of activity of the member states on the basic directions of industrial cooperation within the Union are:

      1) assistance:

      information exchange, conducting of consultations, formation of joint platforms for the discussion of issues relating to development of basic directions of industrial cooperation, as well as promising directions of innovation activity;

      development of proposals, directed to deepening of cooperation of the member states upon implementation of industrial policy within the Union;

      exchange of experience on issues, related with conducting of reforms and structural changes in the industry, promotion of innovation activity, development of industry;

      development and implementation of joint programs and projects;

      development of programs of exchange of experience for industrial complexes of the member states;

      involvement of small and medium-sized business entities of the member states to the industrial cooperation;

      information interaction;

      development and implementation of joint measures on counteraction to the consequences of the world economic crisis in the scope of industry by the member states;

      development of recommendations on formation of the Eurasian technological platforms;

      2) carrying out:

      submission of recommendations on further development of industrial cooperation in recognition of interests of each of its participants for consideration of the member states;

      monitoring and analysis of implementation of the Basic directions of industrial cooperation within the Union;

      studying the world experience in the development of industry in order to identify the actual methods of development of industry for the member states;

      3) carrying out by decision of Intergovernmental council:

      preparation of projects of provisions on development, financing and implementation of joint programs and projects;

      identification of administrative and other barriers on the way of development of industrial cooperation within the Union and development of proposals on their subsequent elimination;

      preparation of proposals on formation of cooperative chains of production of joint products;

      monitoring of market of industrial products within the Union, as well as export markets of third countries;

      analysis for development of industry of the member states;

      development of other (additional) documents, such as rules, procedures and mechanisms for the implementation of industrial policy within the Union jointly with the member states on the basic directions of industrial cooperation, as well as framework agreements on cooperation.

      Specified list of functions shall not be exhaustive and may extend by the decision of the Intergovernmental Council.

  ANNEX No.28
  to Agreement on
  Eurasian Economic Union

MINUTE
on unified rules of provision of industrial subsidies

      1. This Minute is developed in accordance with Article 93 of Agreement on Eurasian Economic Union (hereinafter – Agreement) and establishes the unified rules, regulating provision of subsidies in relation of industrial goods, as well as upon provision or reception of services, that are directly related with production, sale (including storage, export from the territory of the member state and transportation) and (or) consumption of industrial goods.

      2. The concepts used in this Minute shall have the following meanings:

      administrative-territorial units" - administrative-territorial units of the Republic of Armenia, Republic of Belarus (including Minsk city), Republic of Kazakhstan (including Nur-Sultan, Almaty and Shymkent cities) and Kyrgyz Republic (including Bishkek and Osh cities), entities and municipalities of the Russian Federation;

      “similar goods” – the goods, completely identical to the goods, upon production, export from the territory of the member state or transportation of which a specific subsidy is used, or in the absence of such goods – other goods, which have characteristics, close to the characteristics of goods, upon production, export from the territory of the member state or transportation of which a specific subsidy is used;

      “compensatory measure” – a measure on neutralization of negative impact of specific subsidy of subsidizing member state on the branch of economy of the member state, filed an application for introduction of such measure;

      “competent body” – a body of the state power of the member state, responsible for conducting of investigations;

      “material damage to the branch of the national economy” – deterioration of the branch of national economy, approved by the evidences, which is occurred due to export of industrial goods from the territory of the member state, providing a subsidy upon production, transportation, storage of these goods and is expressed in reduction of volume of production and sale of similar goods in the territory of the member state, in reduction of profitability of production of such goods, in negative impact on the trade inventories, employment, salary level and the level of investment in this sector;

      “national producers of similar goods” – producers of similar goods in the member state, conducting the investigation;

      “a branch of the national economy” – all producers of similar goods in the member state or those of them, a share of which is less than 25 percent in the total volume of production of similar goods in the member state;

      “recipient of subsidy” – producer of industrial goods, which is a beneficiary of subsidy;

      “producers of subsidized goods” – producers of subsidized goods of the member state, provided a specific subsidy;

      “industrial goods” – the goods classified in groups of 25 – 97 of FEACN (Foreign Economic Activity Commodity Nomenclature of the Customs Union) of the EEU, as well as fish and fish products, classified in accordance with FEACN of the EEU in subheadings 2905 43 000 0 and 2905 44, headings 3301, 3501 - 3505, subheadings 3809 10 and 3824 60, headings 4101 - 4103, 4301, 5001 00 000 0 - 5003 00 000 0, 5101 - 5103, 5201 00 - 5203 00 000 0, 5301 and 5302 (subheading 2905 43 000 0 – mannitol, subheading 2905 44 – sorbate, heading 3301 - essential oils, headings 3501-3505 - albuminoid substances, modified starches, glues, subheading 3809 10 – substances for surface treatment, subheading 3824 60 – sorbitol, other products, headings 4101-4103 – skins and rawhide, heading 4301 - undressed furs, heading 5001 00 000 0 - 5003 00 000 0 – raw silk and silk waste, heading 5101-5103 - wool and animal hair, subheading 5201 00 - 5203 00 000 0 - raw cotton, cotton sweepings, combed cotton fiber, heading 5301 - raw flax, heading 5302 - raw hemp). Description of goods is not necessarily exhaustive.

      Changes and the list of specified codes of FEACN of the EEU shall be made by the Council Commission;

      “subsidized goods” – industrial goods, upon production, transportation, storage or export of which from the territory of subsidized member state the specific subsidy is used;

      “subsidized member state” – the member state, subsidizing body of which provides a subsidy;

      “subsidizing body” – one or several state bodies or local government bodies of the member states, who make decisions in the field of provision of subsidies; “subsidy”:

      a) financial assistance, which is rendered by subsidizing body (or structure, authorized by the member state), in the result of which the benefits are created (ensured) and which is carried out by:

      direct funds transfer (for example, in the form of non-performing loans, credits), or acquisition of a share in the charter capital, or its increase, or obligations to transfer such funds (for example, guarantees on credits);

      full or partial non-collection of payments, which shall be received in the income of the member state (for example tax benefits, debt remission). Upon that exemption of exported industrial goods from duties and taxes, collected from similar goods, intended for domestic consumption, or reduction of such duties and taxes, or return such duties and taxes in the amount, not exceeding actually accrued amount shall not be considered as subsidy;

      provision of goods or services (except for the industrial goods or services, intended for support and development of common infrastructure);

      acquisition of industrial goods;

      b) any other form of support of incomes or prices, which has an effect (directly or indirectly) on reduction of import of industrial goods from the territory of any member state or increase of export of industrial goods to the territory of any member state, in the result of which the advantage is provided;

      “a threat to cause the material damage to the branch of national economy” - the inevitability of causing of material damage to the branch of national economy, approved by the evidences;

      “a damage to the branch of national economy” – material damage to the branch of national economy, a threat to cause the material damage to the branch of national economy or significant slowdown in the creation of the branch of national economy.

      Footnote. Paragraph 2 as amended by Laws of the Republic of Kazakhstan No. 265-V of 24.12.2014; No. 346-V of 02.08.2015; No. 6-VII of 15.02.2021.

II. Specific subsidies

      3. The following principles shall be applied in order to determine whether a subsidy is specific for industrial enterprise or branch of industry or group of industrial enterprises or branches of industry (hereinafter – certain enterprises) within the territory, on which the powers of subsiding body are distributed:

      1) if an access to subsidy is restricted by the subsidizing body or legal act, in accordance with which the subsiding body operates, only for the certain enterprises, such subsidy shall be considered as specific upon condition that the group of industrial enterprises or group of branches of industry does not include all industrial enterprises or branches of industry in the territory of subsiding member state;

      2) if objective criteria or conditions (criteria which are neutral, not an advantage for some enterprises than others, are economic by nature and horizontal according to the method of application, such as the number of employees or size enterprises) are established by the subsidizing body or legal act, in accordance with which the subsiding body operates, such subsidy shall not be considered as specific upon condition that the right to receive it is automatic and that such criteria and conditions are strictly executed. Criteria and conditions shall be determined in the Law, instruction, legal act or other official documents so that they may be verified;

      3) if in spite of appearance of non-specificity, resulting from application of the principles, specified in paragraphs 1 and 2 of this paragraph, there are grounds to believe that the subsidy may in fact be specific, it may be taken into account the following factors (upon that it is necessary to bear in mind the degree of diversification of economic activity within the territory, in which the powers of subsidizing body and the time duration during which the subsidy operates are distributed):

      use of subsidy by a limited number of certain enterprises;

      preferential use of subsidies by certain enterprises;

      provision a disproportionately large amounts of subsidies to certain enterprises;

      using of discrete method, which the subsidizing body has upon making decision on provision of subsidies (in this regard, in particular, it is taken into account information about the frequency of failures or approvals of applications for subsidy and the motives of relevant decisions).

      4. A subsidy the use of which is restricted by the certain enterprises, located in a designated geographical area that is a part of territory, in which the powers of subsidizing body are distributed shall be specific. Introduction or change by the state body of the member state the tax rates remaining in force within the entire territory, in which its powers are distributed shall not be considered as specific subsidy.

      5. Any subsidy falling under provision of section III of this Minute shall be considered as specific.

      Establishment of the fact that a subsidy is specific in accordance with this section shall be based on the evidences of existence of specific subsidies.

      6. The member state shall have a right to apply to Commission for the purposes of coordination of provision by it a specific subsidy.

      The member states shall not apply the compensatory measures to subsidies, which are provided in term, on conditions and volumes which are coordinated by Commission.

      The member states shall direct the regulatory legal acts, providing provision of specific subsidies to the Commission in the manner of compulsory informing within the period established by international treaty within the Union provided by paragraph 7 of this Minute.

      In the case if one of the member states has the grounds to believe that provision of specific subsidy to other member states may cause damage to the branch of national economy, such member state shall have a right to initiate conducting of relevant proceedings by Commission.

      If the existence of damage to the branch of national economy is approved according to the results of proceeding, the Commission shall make decision on that the member state, providing such specific subsidy is obliged to eliminate conditions that lead to damage, if the member states involved in the proceedings do not agree otherwise during the term established by the international treaty within the Union provided by paragraph 7 of this Minute.

      Commission shall establish the reasonable time for execution of such decision.

      If the member state, in relation of which the specified decision is made, does not execute this decision of Commission in the established period, other member states may apply to the Court of the Union.

      Application of provision of this paragraph shall be carried out in recognition of transitional provisions provided by paragraph 1 of Article 105 of Agreement.

      7. The member states shall determine by the international treaty within the Union:

      procedure of voluntary coordination with Commission of specific subsidies and adoption of relevant decisions by Commission;

      procedure of conducting of proceedings by Commission (as well as on facts of violation of commission, procedure of provision and use of specific subsidies, established by this Minute);

      criteria on the basis of which the Commission will make decision on admissibility of inadmissibility of specific subsidies (as well as in recognition of development of existing and new cooperation ties between producers of the member states);

      procedure and conditions of request of information on provided subsidies by Commission.

      The term of entering of specified international treaty into legal force is provided by paragraph 1 of Article 105 of Agreement.

      8. In the case if the requirement in relation of receiver of subsidy (producer) on necessity of implementation of technological operations upon production of certain goods for reception of specific subsidy is established by the member state, implementation of such operations by producer of another member state in other member states shall be recognized as the proper implementation of such requirement in accordance with procedure determined by the Superior Council.

III. Prohibited subsidies

      9. The following types of subsidies are prohibited:

      export subsidy – subsidy, provision of which is linked as the single or one of several conditions with results of export of industrial goods from the territory of the member state providing this subsidy to the territory of another Member State;

      replacement subsidy – a subsidy provision of which is linked as the single or one of the several conditions with the use of industrial goods, originating from the territory of the member state providing this subsidy.

      The linkage shall be also regarded as existence of facts, certifying that provision of subsidy which is not legally conditioned by results of export of industrial goods from the territory of subsidizing member state or the use of industrial goods, originating from the territory of such member state, in fact is related with actual and expected export (exportation), or export earnings (earnings upon export), or requirement on the use of industrial goods, originating from the territory of subsiding member state.

      The mere fact that subsidy is provided to the economic entity, carrying out export may not serve as a basis to consider it as export subsidy.

      10. In the case if the result of provision of specific subsidy by one member state is causing a damage to the branch of national economy of another member state, such subsidy shall be prohibited.

      Causing damage to the branch of national economy shall be proved in accordance with section V of this Minute.

      11. The member states shall not preserve and introduce the measures, which are applied on the basis of regulatory legal act or legal act of subsiding body, observance of which is necessary for reception of specific subsidies and which correspond to the one of the following conditions:

      1) contains requirements on:

      conducting of procurements or the use by the economic entity the industrial goods, originating from the territory of the member state, which introduces a measure or from any other source (regardless of whether the specific goods, their volume or the cost or share of volume or the cost of the local production are determined), specified by subsiding body;

      restriction of procurements or the use by the economic entity the industrial goods, imported from the territory of any of the member state in the amount related with volumes or cost of exported by this economic entity industrial goods, originating from the territory of the member state, which introduces a measure,

      2) restrict to:

      import by the economic entity the industrial goods from the territory of the member state, used in the local production or related to such production ( as well as depending on the volume or the cost of goods, originating from the territory of the member state, which introduces a measure, and exported by this economic entity to the territory of another member state);

      import by the economic entity the industrial goods from the territory of the member state, used in the local production or related to such production by restriction of access of economic entity to the currency of any member state in the volume of currency supply, due to the enterprise;

      export of industrial goods by the economic entity to the territory of any member state or sale of industrial goods by economic entity to the territory of any member state (depending on specification of goods, their volume or the cost or share of volume of the cost of their local production, carrying out by this economic entity).

      12. Specific subsidies, provision of which leads to a serious infringement of interests of any of the member states shall be prohibited. Serious infringement of interests of one member state shall arise in the case if the result of provision of specific subsidy by other member state is:

      1) displacement of similar goods from market of subsiding member state or controlling the growth of import of similar goods, originating from the territory of any of the member state to the market of subsiding member state;

      2) displacement of similar goods originating from the territory of any member state, from the market of third member state or controlling the growth of export of such similar goods to the territory of third member state;

      3) significant underpricing of industrial goods, upon production, transportation or export from the territory of subsiding member state of which the specific subsidy is used, concerning the price of similar goods, originating from the territory of another member state in the same market of any of the member states or significant controlling the price increase, reduction of prices or foregone sales in the same market.

      13. Serious infringement of interests specified in paragraph 12 of this Minute shall be determined in accordance with this section and approved in accordance with section V of this Minute.

      14. In the territories of the member states shall not be provided and preserved the measures, specified in paragraph 11 of this Minute, as well as prohibited subsidies, as well as the following (upon that the export of goods shall be regarded as the export of goods from the territory of subsiding member state to the territory of another member state):

      1) the programs, exempting the exporter from compulsory sale of part of currency earnings to the member state or allowing the use of multiple rate of currency through the partial depreciation of the national currency, in connection with which the exporter receives a benefit due to currency difference;

      2) internal transportation and freight rates for export shipments, established or collected by the member state on the conditions more favorable in comparison with transportations in internal market;

      3) provision of goods and services used in production of exported goods on more favorable conditions than for similar goods, used in production, sold in the internal market;

      4) full or partial exemption from payment, deferment or reduction of taxes or any other deductions, paid or payable by the economic entities, linked to results of export or the use of goods, originating from the territory of the member state, providing the specified benefits. Upon that deferment shall not be necessarily a prohibited subsidy, if the fines payable for non-payment of taxes are collected. Collection of added-value tax on the zero rate from the exported goods shall not be a sign of prohibited subsidy;

      5) special deductions, linked to results of export, reducing the tax base of goods, in the high volume in comparison with similar goods, sold in the internal market;

      6) exemption, reduction, deferment of tax payment or special deductions applied to calculate the tax base on goods and services used in the production of export goods, to a greater extent than the exemption from payment, reduction, deferment of taxes or special deductions applied to calculate the base tax on goods and services used in the production of similar goods, sold in the domestic market;

      7) collection of customs payments for raw materials and other materials, used in the production of export products, at a lower rate than for the same raw materials and other materials, used in the production of similar products for consumption in the internal market, or return of customs payments for raw materials and other materials, used in the production of export products, in the high volume than for the same raw materials and other materials used in the production of similar goods, sold in the internal market;

      8) reduction or return of import duties which are collected from imported raw materials and other materials, used in the manufacture of products, if existence of domestic raw materials and other materials in the manufactured products is compulsory (independent of whether the specific goods, their volume or cost or share of volume of the cost of their local reduction are determined);

      9) collection of premiums, insufficient to cover long-term operating expenses or losses on the guarantee programs or insurance of export credits, insurance or guarantee from cost increase of export goods or currency risks;

      10) granting of export credits on the rates below those which the recipients of such credits actually have to pay for the use of comparable credit (the same repayment period of credit, credit currency and so on) in the market conditions, or payment of all or part of expenses, incurred by exporters or financial institutions in connection with reception of credit. Export credit practice, complying with provisions on interest rates of Arrangements on official export credits of Organization of economic cooperation and development shall not be considered as the prohibited subsidy;

      11) reduction of tariffs for electric energy or energy carrier, released to the enterprise upon condition that such subsiding is linked to results of export or the use of domestic goods instead of imported.

      15. Commission guided by this Minute shall not coordinate the prohibited subsidies as permissible.

      Application of provisions of this paragraph shall be carried out in recognition of transitional provisions, provided by paragraph 1 of Article 105 of this Agreement.

      16. In the case if one member state has the reason to believe that subsiding body of another member state provides the prohibited subsidies and (or) introduces the measures, observance of which is necessary for reception of specific subsidies, in accordance with this Minute, first member state shall have a right to apply to another member state with request on conducting of consultations on cancellation of such prohibited subsidies and measures.

      17. If the member states do not reach a mutual agreement during 2 months from the date of reception of notification for conducting of consultations, specified in paragraph 16 of this Minute through the official diplomatic channels, existing differences shall be resolved in accordance with Article 93 of Agreement.

      If the decision that one of the member states provides the prohibited subsidies, specified in paragraphs 9 and 12 of this Minute and (or) applies the measures, specified in paragraph 11 of this Minute is adopted according to the results of procedure of dispute resolution, this member state shall immediately cancel such prohibited subsidies and measures, regardless of whether the result of such prohibited subsidies or measures is causing of damage to the national economy or other member states and shall introduce the compensatory measure in relation of such prohibited subsidies in accordance with paragraphs 89-94 of this Minute.

      18. Subsiding bodies shall have a right to provide subsidies by application of measures according to the annex to this Minute during established transitional period.

      19. Subsidies which are not prohibited and specific in accordance with this Minute shall be regarded as permissible subsidies, provision of which does not distort the mutual trade of the member states.

      The member states shall have a right to provide such subsidies without restrictions and in relation of such subsidies the provisions of this Minute, relating to application of compensatory and response measures or prohibition on provision of subsidies do not have effect.

      20. The member states shall have a right to provide the permissible subsidies provided by this section without coordination with Commission.

      Application of provisions of this paragraph shall be carried out in recognition of transitional provisions provided by paragraph 1 of Article 105 of Agreement.

      21. Subsidies, specified in the section VII of this minute, which are specific in accordance with section II of this Minute, but are not recognized as distorting the mutual trade by the member states shall not give grounds for adoption of compensatory measures in accordance with section VIII of this Minute.

V. Procedure of conducting of investigations

      22. Investigation for the purposes of analysis of compliance of subsidies, provided in the territory of the member states with provisions of this Minute, as well as establishment of existence of damage to the branch of national economy due to import of subsiding body from the territory of the member state, provided a specific subsidy, or displacement of similar goods from market of subsiding member state shall be conducted by competent body on the basis of application of national producers of similar goods, registered in the territory of this member state, filed in accordance with this Minute in written form or on its own initiative of the competent body (hereinafter-application).

      23. Application shall be filed by the national producer of similar goods or association of such producers, the number of participants of which includes producers, composing the branch of national economy, as well as representatives of these persons, having the powers, properly formed in accordance with the legislation of the member state, in the territory of which these representatives are registered (hereinafter – applicants).

      24. Application shall include:

      1) information on applicant;

      2) description of goods (with specification of country of origin of the code FEACN of the EEU);

      3) details on existence, nature and amount of specific subsidy;

      4) details on producers of subsidized goods;

      5) details on national producers of similar goods;

      6) details on changes of volume of import of subsidized goods to the territory of the member state, to the competent body of which an application is filed, for 3 calendar year, preceding the date of filing the application;

      7) details on changes of volumes of export of similar goods from the territory of the member state, to the competent body of which an application is filed, to the territory of other member states;

      8) evidences of existence of damage to the branch of national economy due to import of subsiding goods, or displacement of similar goods from the market of subsiding member state. The evidences of existence of material damage to the branch of national economy, or the threat of its causing due to import of subsidized goods, or displacement of similar goods from market of subsiding member state shall be based on the objective factors, which characterize the economic situation of the branch of national economy and may be expressed in the quantitative indices (as well as volume of production of goods and volume of its sales, a share of goods in the market of the member states, the cost of production of the goods, price of goods, data on utilization of capacity, productivity of labour, profit margins, profitability of production and disposal of goods, on volume of investments to the branch of national economy);

      9) details on the change in the volume of import of similar goods (in quantitative and value terms) to the customs territory of the Union for 3 calendar years, preceding the date of filing the application;

      10) details on the change in the volume of export of similar goods (in quantitative and value terms) from the customs territory of the Union for 3 calendar years, preceding the date of filing the application;

      11) analysis of other factors, which may have an impact on branch of national economy in the analyzed period.

      25. Monetary unit, established by Commission to conduct the foreign trade statistics shall be used for the purposes of comparability upon specification of cost indicators.

      26. Application with annex of its non-confidential copy (if the application contains confidential information) shall be presented to the competent body and subject to registration in a day of reception of application to this body.

      27. An application shall be rejected on the following grounds:

      non-compliance of applicant with requirements, established by paragraph 23 of this Minute;

      non-presentation of details, specified in paragraph 24 of this Minute;

      unreliability of details, presented by applicant.

      Rejection of application on other grounds shall not be allowed.

      28. The competent body shall inform an authorized body of the member state, in the territory of which the considered specific subsidy is provided, on reception of application in written form before adoption of decision on commencement of investigation.

      29. The competent body shall study the adequacy and reliability of the evidences and details, contained in the application, in accordance with paragraph 24 of this Minute during 30 calendar days from the date of registration of application for the purposes of adoption the decision on commencement of investigation. If necessary to receive the additional details from applicant by the competent body, the specified term may be extended but shall not exceed 40 calendar days from the date of registration of application.

      30. Application may be withdrawn before commencement of investigation or in the course of its conducting.

      In the case if application is withdrawn before commencement of investigation, such application shall be considered as unfiled.

      In the case if application is withdrawn in the course of conducting of investigation, this investigation shall be terminated or continued by decision of competent body.

      31. The competent body shall offer to conduct the consultations in order to clarify existence, amount and use, as well as consequences of provision of specific subsidies and in order to achieve a mutually acceptable decision, to the authorized body of the member state, provided the specific subsidy after acceptance of application for consideration and before adoption of decision on commencement of investigation. Such consultations may be conducted in the course of investigation.

      32. Conducting of consultations in order to clarify existence, amount and consequences of provision of specific subsidy shall not prevent to adopt a decision on commencement of investigation by the competent body, as well as on preparation of conclusion on compliance of specific subsidy, provided in the territory of another member state, with provisions of this Minute according to the results of such investigation and (or) on causing damage to the branch of national economy due to import of subsidized goods from the territory of the member state, provided the specific subsidy, and transfer the statement on application of compensatory measure to the member state, in the territory of which the considered specific subsidy is provided.

      33. The competent body shall adopt decision on commencement of investigation or on refusal to conduct it before expiration of the term, specified in paragraph 29 of this Minute.

      Upon adoption of decision on refusal to conduct investigation, the competent body shall notify the applicant on the reason of refusal to conduct investigation in written form in the term not more than 10 calendar days from the date of adoption of such decision.

      Upon adoption of decision on commencement of investigation, the competent body shall notify an authorized body of the member state, provided a specific subsidy, as well as other interested persons, known to it on adopted decision in written form and shall ensure publication of notification on commencement of investigation in the term not more than 5 business days from the date of adoption of decision on commencement of investigation. The date of publication of notification on commencement of investigation shall be recognized the date of commencement of investigation.

      34. The competent body may adopt decision on commencement of investigation (as well as on its own initiative) in the case if the body has the evidences of existence of the facts of violation of this Minute and (or) existence of damage to the branch of national economy due to import of subsidized goods to the territory of this member state or displacement the similar goods by the subsidized goods from the market of the member state, provided a specific subsidy, or other member state.

      In the case if the evidences are insufficient for conducting of investigation; such investigation may not be commenced.

      35. The competent body shall direct the list of questions, to which they answer for the purposes of conducting the investigation, to the national producers of similar goods known to it and producers of subsidized goods, that are the object of investigation after adoption of decision on commencement of investigation.

      The list of questions shall be considered as received from the date of transfer directly to the representative of national producer of similar goods or producer of subsidized goods or after 7 calendar days from the date of sending this list by mail.

      National producers of similar goods and producers of subsidized goods, that are the object of investigation, to which the list of question was directed shall present their answers to the competent body during 30 calendar days from the date of reception them of such list. The specified term may be extended by the competent body but not more than 10 calendar days at the request of national producers of similar goods and producers of subsidized goods that are the object of investigation, motivated and set out in written form.

      36. The competent body may conduct investigation in the territory of the member state, provided a specific subsidy, upon condition of obtaining the consent for that by the relevant producer of subsidized goods, that are the object of investigation, as well as upon condition of preliminary notification the representatives of the government of relevant member state and absence of any objections in relation of conducting of investigations in its territory from that member state, for the purposes of verification of details, presented in the course of investigation or reception of additional details, related with conducted investigation.

      The competent body shall have a right to direct their representatives to the location of national producers of similar goods, conduct consultations and verifications with interested persons, get acquainted with the samples of subsidized goods that are the object of investigation and take other actions necessary for conducting of investigation, not contradicting to the legislation of the member state, conducted the investigation for the purposes of verification of details, presented in the course of investigation or reception of additional details, related with conducted investigation.

      37. The competent body may direct the requests on provision of information, related to the conducted investigation to the authorized bodies of the member state, provided or providing the considered subsidy, as well to the interested persons in the course of conducting of investigation.

      38. The interested persons shall have a right to provide details (as well as confidential information), necessary for conducting of investigation with specification of source of their reception not later than the date, specified in notification on commencement of investigation. The competent body shall have a right to request additional details from the interested persons.

      39. Evidences and details relating to investigation shall be presented to the competent body in the state language of the member state, conducted the investigation, and originals of documents in a foreign language shall be accompanied by translation, certified in the established procedure.

      40. The competent body shall make an opportunity to get acquainted with details, presented in written form by any interested person as the evidences relating to investigation, to the interested persons on their request in written form in recognition of the need to protect the confidential information in accordance with this Minute in the course of investigation. The competent body shall make an opportunity to get acquainted with other information, relating to investigation and used by it in the course of investigation, but is not confidential in accordance with this Minute, to the participants of investigation.

      41. Bodies of the state power (management) of the member states, authorized in the field of customs affairs, maintenance of the state statistics, other bodies of the state power (management) of the member states and territorial (local) bodies of the member states (management) shall render assistance in conducting of investigation and provide details (as well as containing confidential information), necessary for conducting of investigation, at the requests of competent body.

      42. The term of conducting of investigation shall not exceed 6 months from the date of commencement of investigation.

      Investigation shall be considered as completed in the day of direction the results of investigation by the competent body for consideration to the government of its state.

      43. The competent body shall prepare conclusion on compliance of subsidy, provided in the territory of another member state with provisions of this Minute according to the results of investigation.

      44. In the case if violation of this Minute and (or) causing damage to the branch of national economy are proved on the results of investigation, the member state, competent body of which is conducted the investigation shall transfer application on introduction of compensatory measure to the member state in the territory of which the considered specific subsidy is provided.

      45. Upon determination of the branch of national economy, the territory of the member state, the competent body of which conducts an investigation may be considered as the territory, on which there are two or several competitive markets, and national producers of similar goods within one of such markets may be considered as separate branch of national economy, if such producers sell not less than 80 percent of similar goods, produced by them in this market, and demand for the similar goods in this market is not satisfied to a significant extent by the national producers of these goods, located in the rest of the territory of the member state, conducted the investigation.

      In such cases the existence of damage to the branch of national economy may be established even if the damage is not caused to the main part of branch of national economy, upon condition that sale of subsidized goods is focused on one of the competitive markets and import of subsidized goods causes damage to at least 80 percent of national producers of similar goods within one of such market.

      46. The amount of specific subsidy shall be determined on the basis of amount of benefit, accrued by recipient of such subsidy. Upon calculation of amount of benefit, the competent body shall consider the following:

      1) participation of subsidizing body in the capital of organization shall not be considered as provision of specific subsidy, if such participation does not regard as not corresponding to the usual investment practice (including provision of risk capital) in the territory of relevant member state;

      2) a credit provided by subsiding body shall not be considered as specific subsidy, if the difference between the amount, which organization – credit recipient pays for the state credit, and the amount, which it would have paid for comparable commercial credit, which this organization may receive on the credit market of relevant member state is absent. Otherwise the benefit is the difference between these amounts;

      3) guaranteeing of credit by subsiding body shall not be considered as provision of specific subsidy, if the difference between the amount, which organization - guarantee beneficiary pays for the credit, guaranteed by subsiding body and the amount, which it would have paid for comparable commercial credit without state guarantee is absent. Otherwise the benefit is the difference between these amounts as adjusted for the difference in fees;

      4) supply of goods by subsiding body or rendering of services or procurement of goods shall not be considered as provision of specific subsidy, if the goods or services are supplied for less than adequate remuneration or procurements are not carried out for more than adequate remuneration. The adequacy of remuneration shall be determined on the basis of existing market conditions of procurement and sale of such goods and services in the market of relevant member state (including the price, quality, availability, liquidity, transportation and other conditions of procurement or sale of goods).

      47. Calculation of the amount of subsidy shall be carried out on the unit price (ton, cubic meter, piece, etc.), imported to the territory of the member state, the competent body of which conducts the investigation or sold in the market of the member state, in the territory of which a specific subsidy is provided or in the market of another member state.

      48. Inflation rates shall be considered in the relevant member state upon calculation of amount of subsidy in the case, if the rates of inflation are so high that it may distort the results obtained.

      49. The amount of subsidy on the unit of goods shall be established based on the amount of expenses of the member state provided a specific subsidy for these purposes.

      50. Upon calculation of amount of subsidy on the unit of goods, the cost of such goods shall be determined as the total cost of sales of recipient of subsidy for 12 months that preceded to receive subsidies, and for which there is the necessary data.

      51. Upon calculation of amount of subsidy it is necessary to deduct amount of any of registration charges or other expenses, incurred for reception of subsidy from the total amount of subsidy.

      52. If the subsidy is not provided in relation of certain number of produced, exported or transported industrial goods, the calculation of amount of subsidy on the unit of goods shall be carried out by dividing the total cost of subsidy by the volume of production, sale or export of such goods for the period of provision of subsidies, if necessary, in recognition of the share of imported subsidized goods in the total volume of production, sale or export of goods.

      53. If the subsidy is provided in connection with development or acquisition of basic funds, the calculation of amount of subsidy shall be carried out by distribution of subsidies for the average depreciation period of such basic funds in the considered branch of economy of the member state, provided a specific subsidy. Calculation of amount of subsidy on the unit of goods shall also include subsidies, which are provided for acquisition of basic funds before commencement of period covered by the investigation, but the depreciation period of which has not yet expired.

      54. Upon calculation of the amount of subsidy in the case if the value of subsidy, provided at different times or for different purposes for the same goods, is different, weighted average amounts of subsidy shall be applied based on the volume of production, sales and export of goods.

      55. If the subsidy is provided in the form of tax exemptions, the cost of goods shall be determined by calculating the total cost of its sales for the last 12 months, during of which the tax exemptions are applied.

      56. Subsidies provided during a calendar year by different subsiding bodies and (or) for execution of different programs shall be added.

      57. The fact of displacement of similar goods from the market of subsiding member state or from the market of another member state, or controlling the growth of import of similar goods to the territory of subsiding member state or controlling the growth of export of goods to the territory of another member state shall be established in the case if it is proved that there has been an adverse change of share of similar goods in the market of subsiding member state or in the market of another member state concerning the subsidized goods. The specified fact shall be established for the period, sufficient to prove the clear trends in the development of market of relevant goods, which in the normal conditions is not less than 1 year.

      58. Adverse changes of share of similar goods in the market of subsiding member state or in the market of another member state shall include one of the following situations:

      1) a market share of subsidized goods increases;

      2) a market share of subsidized goods remains unchanged in the circumstances, upon which it shall be reduced in the absence of specific subsidy;

      3) a market share of subsidized goods is falling, but at a slower rates than it would occur in the absence of specific subsidies.

      59. Underpricing shall be established on the basis of price comparison of subsidized goods in the relevant market with the prices of goods, upon production, transportation or export to the territory of any of the member state of which the specific subsidy is not used. Comparison shall be made on the same level of trade and for comparable time periods. Any factors affecting on the price comparability shall be taken into account in the course of comparison. In the case of the specified comparison is impossible to make, the existence of underpricing may be established on the basis of average export prices.

      60. In the case if two member states conduct a dispute in accordance with Article 93 of Agreement on existence of serious infringement of interests according to paragraphs 12, 57-59, 61 and 62 of this Minute in the market of third member state, such member state shall provide its statistical information, relating to the subject of dispute, in relation of changes of share of goods, originating from the territory of the member states that are the parties of dispute in the market of such third member state, as well as statistical information on the prices of relevant goods to the member states that are the parties of dispute.

      61. The fact of existence of serious infringement of interest may not be established in the existence of the following consequences during the relevant period of time:

      1) existence of prohibition or limitations of export of goods from the territory of the member state, establishing the fact of existence of serious infringement of interests, or prohibition or restrictions of import of goods from the territory of such member state to the market of another member state;

      2) adoption of decision to redirect import from the member state, establishing the fact of existence of serious infringement of interests to import from another member state for non-commercial reasons by the authorized body of the member state, which imports the similar goods and practices the trade monopoly or the state trading of these goods;

      3) natural disasters, strikes, transport disruptions or other force majeure, which have a serious negative impact on production, quality, quantity or price of goods intended for export from the member state, establishing the fact of a serious infringement of interests;

      4) the existence of arrangements limiting export from the member state which establishes the fact of a serious infringement of interests;

      5) voluntary reduction of possibility for export of industrial goods from the member state which establishes the fact of a serious infringement of interests (including the situation where the economic entities of this member state autonomously redirect the export of these similar goods to new markets);

      6) non-compliance with standards and (or) other administrative requirements in the member state, to the territory of which the goods are imported.

      62. The existence of serious infringement of interests shall be determined on the basis of information, provided to the Court of the Union or received by the Court of the Union independently in the absence of circumstances, specified in paragraph 61 of this Minute.

      63. A damage to the branch of national economy due to import of subsiding goods shall be established on the basis of results of analysis of volume for import of subsidized goods and impact of such import on the price of similar goods in the market of the member state, the competent body of which conducts investigation, and on the national producers of similar goods.

      64. The competent body shall determine whether there was an increase in the import of subsidized goods (in the absolute terms or relative to production or consumption of the similar goods in the member state, the competent body of which conducts the investigation) upon analysis of volume of import of subsidized goods.

      65. Upon analysis of impact of import of subsidized goods on the price of similar goods in the market of the member state, the competent body of which conducts the investigation, the competent body shall establish:

      1) whether the prices of subsidized goods were below the prices of similar goods in the market of this member state;

      2) whether the import of subsidized goods led to decrease in prices of similar goods in the market of this member state;

      3) whether the import of subsidized goods are prevented to the growth of prices of similar goods in the market of this member state, which would have occurred in the absence of such import.

      66. Analysis of impact of import of subsidized goods on the branch of national economy shall be concluded in the assessment of economic factors, relating to the state of branch of national economy as well as:

      1) happened or possible reduction of production, sale of similar goods, its share in the market of the member state, the competent body of which conducts the investigation, profits, productivity of labour, incomes from investments or capacity utilization in the future;

      2) factors having an effect on the prices of similar goods in the market of the member state, the competent body of which conducts the investigation;

      3) happened or possible negative impact on movement of money flow, stocks of similar goods, employment level, salary, rates of increase of production, possibility of attraction of investments in the future.

      67. Impact of import of subsidized goods on the branch of national economy shall be estimated relating to production of similar goods in the member state, the competent body of which conducts the investigation, if the existing data allow to allocate production of similar goods on the basis of such criteria as the production process, sale of goods by its producers and profit. In the case if the existing data do not allow allocating production of similar goods, impact of import of subsidized goods on the branch of national economy shall be estimated relating to production of the most narrow group or nomenclature of goods, which includes the similar goods and which has the necessary data.

      68. Establishment of damage to the branch of national economy due to import of subsidized goods shall be based on analysis of all evidences and details, relating to the case and available to the competent body. Competent body shall also analyze dynamics and impact of import supplies of similar goods on the customs territory of the Union, supplies from other member states. Upon that neither one, nor several factors of the number of volume of import of subsidized goods, established in the result of analysis and impact of such import on the branch of national economy may not have crucial significance for establishment of damage to the branch of national economy due to import of subsidized goods. In addition to the import of subsidized goods, the competent body shall analyze other known factors as a result of which damage is caused to the branch of national economy in the same period. Specified damage shall not be related by the competent body to the damage of branch of national economy due to import of subsidized goods.

      69. Upon establishment of a threat of causing material damage to the branch of national economy due to import of subsidized goods, the competent body shall consider all factors, as well as the following:

      1) the nature, amount of subsidy or subsidies and their possible impact on trade;

      2) the growth rates of import of subsidized goods, certifying the real possibility of a further increase of such import;

      3) the existence of producers of subsidized goods in the subsiding member state sufficient opportunities to increase the import of subsidized goods or apparent inevitability to increase such opportunities;

      4) price level of subsidized goods, if such price level may lead to reduction or controlling the price of similar goods in the market of the member state, the competent body of which conducts the investigation and to further growth in demand for subsidized goods;

      5) stocks of subsidized goods of producer.

      70. Upon that neither one, nor several factors specified in paragraph 69 of this Minute may not have crucial significance for establishment of a threat of causing of material damage to the branch of national economy due to import of subsidized goods.

      71. Decision on existence of a threat of causing of material damage to the branch of national economy shall be adopted in the case if, the competent body came to conclusion on inevitability of continuing of import of subsidized goods and causing material damage to the branch of national economy by such import in the case of non-adoption of compensatory measure in the course of investigation according to the results of analysis of factors, specified in paragraph 69 of this Minute.

      72. The interested persons upon conducting of investigation shall be:

      1) national producer of similar goods, association of national producers, majority of participants of which are producers of similar goods;

      2) producer of subsidized goods that are the object of investigation, association of producers of such subsidized goods, majority of participants of which are producers of these goods;

      3) subsidizing member state and (or) authorized body of subsiding member state;

      4) public associations of consumers (in the case if subsidized goods that are the object of investigation are consumed mainly by individuals);

      5) consumers of subsidized goods that are the object of investigation (in the case if they use these goods upon manufacture of products) and associations of such consumers.

      73. The interested persons specified in paragraph 72 of this Minute shall act in the course of investigation independently or through their representatives, which have duly executed powers in accordance with the legislation of the member state, the competent body of which conducts the investigation.

      In the case if the interested person in the course of investigation acts through the authorized representative, the competent body shall bring all details on subject of investigation to the interested person only through this representative.

      74. Information presented by interested person to the competent body shall be considered as confidential upon presentation the grounds by this person, certifying on that disclosure of such information provides an advantage in the conditions of competition to the third person or entails adverse consequences for person, presented information or for person which has received this information.

      Confidential information shall not be disclosed without permission of interested person presented it, except for the cases provided by the legislation of the member states.

      The competent body shall have a right to request presentation of non-confidential copy from the interested person, presented confidential information. Non-confidential copy shall contain details sufficient to understand the essence of presented confidential information. If in response on this requirement the interested person claims that confidential information may not be presented in such form, this person shall present other grounds.

      In the case if the competent body establishes that the ground presented by interested person do not allow to include presented information to confidential, or interested person, not presented non-confidential copy of confidential information does not present the relevant ground or present details, that are not such a ground, the competent body may not consider this information.

      75. The competent body shall bear responsibility for disclosure of confidential information, provided by the legislation of its member state.

VI. General exceptions

      76. Nothing in this Minute shall be explained:

      1) as requirement to any member state to provide any information, disclosure of which it considers as contrary to essential interests of its security;

      2) as an obstacle to any member state to take actions which it is regarded as necessary for protection of essential interests of its security:

      actions in relation of fissionable materials or materials from which they are made;

      actions in relation of development, production and trade in arms, ammunition and war materials as well as other goods and materials, which are carried out directly or indirectly for the purposes of supplying the armed forces;

      actions, taken in wartime or in other emergency circumstances in international relations;

      3) as an obstacle to any member state to take any actions in execution of its obligations on the United Nations Charter for preservation the world peace and international security.

      77. Provisions of this Minute shall not prevent to the member states to use the specific subsidy, distorting the trade, if such subsidies are introduced in the exceptional circumstances (upon condition that the purpose of these measures is not the restriction of import of goods from the territory of other member states and such measures are not discriminatory) and if their introduction is conditioned by the need of protection:

      1) public morality, public legal order and national security;

      2) life or health of people, animals and plants;

      3) national treasures of artistic, historic or archaeological value;

      4) intellectual property rights;

      5) exhaustible natural resources (if such measures are conducted simultaneously with restriction of internal production or consumption).

VII. Specific subsidies, provision of which is the ground for
adoption of compensatory measures

      78. Provision of such specific subsidy as assistance for research activity, carried out by economic entities, as well as institutions of higher education and scientific institutions with the economic entities on a contract basis shall not be the ground for adoption of compensatory measures, upon condition that such assistance covers not more than 75 percent of the cost of industrial researches or 50 percent of the cost of development at the pre-competitive stage and that it is provided exclusively for cover:

      1) expenses for employees (researchers, technicians and other support personnel exclusively engaged in research activity);

      2) expenses for instruments, equipment, land and constructions used exclusively and permanently for research activity (except for the sale on a commercial basis);

      3) expenses for consultative and equivalent services used exclusively for research activity (including procurement the results of scientific researches, technical knowledge, patents, etc.);

      4) additional overhead expenses incurred directly as a result of the research activity;

      5) other current expenses (on materials, support, etc.), incurred directly as a result of the research activity.

      79. The industrial researches shall be regarded as planned researches or most important researches, directed to discovery of new knowledge in reliance on that such knowledge may be useful in development new goods, technological processes or services, as well as for significant improvement of existing goods, processes or services for the purposes of this section.

      The development at the pre-competitive stage shall be regarded as transfer of results of industrial researches into the plan, drawing or model of new, modified or improved goods, technological processes or services, intended for sale or use (including creation of the first prototype, unsuitable for commercial use). Specified development may also include formulation of the concept and design of alternative goods, methods or services, as well as initial demonstration or pilot projects upon condition that they may not be adapted or used for industrial use or commercial operation. Specified development shall not be applied to current and periodic changes in the existing goods, production lines, production processes, services, and other ordinary operations, even if such changes lead in improvement.

      80. Permissible level of aid, specified in paragraph 78 of this Minute, not giving the grounds for adoption of compensatory measures shall be established in relation to total amount of relevant expenses, incurred for the period of carrying out of specific project.

      In the case of implementation of programs, combining industrial researches and development at the pre-competitive stage, permissible level of aid, not giving the grounds for adoption of measures shall not be higher than the average arithmetic mean of permissible levels for these two categories, calculated in recognition of all expenses, specified in paragraph 78 of this Minute.

      81. Provisions of this Minute shall not be applied to the basic scientific researches, conducted by institutions of higher education or scientific institutions independently. The basic scientific researches shall be regarded expansion of the general scientific and technical knowledge, not related with industrial or commercial purposes.

      82. Help to disadvantaged regions in the territory of the member state, which is provided in the general framework of regional development shall be nonspecific (in recognition of provisions of section II of this Minute) and distributed between the regions upon condition that:

      1) each disadvantaged region shall represent clearly marked compact administrative and economic zone;

      2) such region is considered as disadvantaged on the basis of neutral and objective criteria, indicating that the region's difficulties arise not only because of temporary circumstances (such criteria shall be clearly determined in the Laws, rules or other official documents so that they may be verified);

      3) criteria specified in subparagraph 2 of this paragraph shall include the measurement of economic development, which is based on at least one of the following indicators, measured over the 3-years period (such measurement may be complex and may consider other indicators):

      income per capita or per household or the size of the gross domestic product per capita, which shall not exceed 85 percent of the average index for the relevant territory;

      the level of unemployment, which shall be at least 110 percent of the average index for this territory.

      83. The general frameworks of regional development shall mean that regional programs of subsiding are the part of the internally consistent and universally applicable policy of regional development and that subsidy for regional development are not provided for certain geographical points, have no or almost no effect on the development of the region.

      Neutral and objective criteria shall mean the criteria which do not provide the benefits to certain regions in addition to what is necessary to eliminate or reduce differences between the regions within the policy of regional development. In this regard, the regional programs of subsidizing shall include the maximum amounts of duties, which may be provided for each subsidized project. Such maximum amounts are differentiated according to the level of development of regions, to which the assistance is rendered, and are expressed in the form of expenses for investment or job creation. Within these amounts, the assistance shall be distributed widely enough to avoid preferential use of subsidies or provision of disproportionate amounts to the certain enterprises in accordance with section II of this Minute.

      84. Assistance in adapting of existing production facilities (which are regarded as production facilities in operation for at least 2 years before introduction of new requirements for environmental protection) to the new requirements in relation of environmental protection, imposed by the legislation and (or) regulatory acts which entail additional restrictions and strengthening the financial load for economic entities shall not be the ground for adoption of compensatory measures, upon condition that such assistance:

      1) is one-time, non-recurrent measure;

      2) has not more than 20 percent of expenses on adaptation;

      3) does not cover expenses for change and operation of subsidized equipment, which are assigned to enterprise;

      4) is directly related and proportional to the reduction of pollution planned by the economic entity and does not cover savings in production expenses which may be reached;

      5) is available for all economic entities that may cross over to the new equipment and (or) production processes.

VIII. Introduction and application of compensatory measures
and response measures

      85. The competent body of one of the member state shall have a right to conduct investigation on compliance of subsidies, provided in the territories of other member states with provisions of this Minute or investigation on the subject of application of measures, specified in paragraph 11 of this Minute by other member states in the manner established by section V of this Minute. The competent body initiated an investigation shall inform the member states on commencement of investigation. The competent bodies shall have a right to request necessary information on the course of conducting of investigation.

      86. In the case if the competent body of one member state in the result of conducted investigation establishes that the subsiding body of another member state provides a specific subsidy and this specific subsidy causes damage to the branch of national economy of the member state, the competent body of which conducts the investigation, such competent body may transfer the statement on application of compensatory measure to the subsiding member state. The specified statement shall contain the evidences of non-compliance of subsidy with provisions of this Minute.

      87. In the case if the existence of damage to the branch of national economy of one of the member states is approved by Commission based on the results of proceedings, held in accordance with paragraph 6 of this Minute, the competent body of such member state may transfer the statement on application of compensatory measure to the subsiding member state. The specified statement shall contain the evidences of inadmissibility of subsidy in accordance with subparagraph 3 of paragraph 6 of Article 93 of Agreement.

      The member states shall not apply the compensatory measures to subsidies, coordinated by Commission in accordance with paragraph 6 of this Minute.

      Application of provisions of this paragraph shall be carried out in recognition of transitional provisions, provided by paragraph 1 of Article 105 of this Agreement.

      88. The statement on application of compensatory measure may be granted voluntary by the member state, received such statement, in the term not exceeding 2 months or according to the results of resolution of disputes.

      89. The member state received the statement on application of compensatory measure, legality of which is recognized voluntarily by such member state or based on the results of resolution of disputes in accordance with Article 93 of Agreement shall introduce the compensatory measure in accordance with statement during 30 calendar days.

      90. The compensatory measure, introduced in accordance with paragraph 89 of this Minute shall be composed of the sum of provided subsidy, specified in the statement on application of compensatory measure and interest, accrued on the amount of subsidy for the entire period of use of these funds (property).

      The amount of subsidy is calculated in accordance with this Minute.

      The interest rate is equal to the one and a half amount of the rate of refinancing, effective on the date of provision of subsidy and established by the national (central) bank of the subsidizing member state. Upon that the interest rate is calculated by applying a compound interest in relation of all period from the date of provision of subsidy to the date of execution of compensatory measure.

      Compound interest means the interest accrued each year in the amount with interest accrued in the previous year.

      91. The compensatory measure is executed after that the amount of subsidy was withdrawn from receiver of subsidy and transferred in the budget of subsiding member state in recognition of relevant interest.

      92. The compensatory measure is not executed if it is collected from sources other than those specified in paragraph 91 of this Minute.

      The source of collection of compensatory measure may be changed by mutual agreement of the claimant state and respondent state exclusively for the avoidance of evasion of payment of means composing the compensatory measure by the recipient of subsidy.

      93. Execution of compensatory measure is sufficient basis for that the granted statement on application of compensatory measure was executed. Upon that the member state shall execute such statement in the term not exceeding 1 calendar year from the date of granting of such statement.

      94. In the case if the member state does not execute the granted statement on application of compensatory measure in the established term, the stated member state shall have a right to apply the response measures which are approximately proportionate to the compensatory measure.

      The response measures shall be regarded as temporary suspension of execution of obligations in relation of the member state, against whom the response measure is introduced, arising out of existing agreements of trade and economic nature between them (except for the relating to the oil and gas industry) by the member state, which introduces the response measure for the purposes of this Minute.

      The response measures shall have temporary nature and shall be applied by the claimant state only as long as the measure, violating provisions of Agreement will be cancelled or amended so as to comply with the provisions of Agreement or until the member states agree otherwise.

IX. Notifications

      95. The member states (authorized bodies of the member states) shall annually, not later than 1 December, notify each other and Commission of all subsidies, planned to provide in the next year, at the federal (republican) and regional (municipal, local) levels.

      The member state shall not refer information on provided subsidies to confidential, except for the cases provided by paragraph 76 of this Minute.

      96. Information sources for notifications shall be the items of expenditures of projects of federal/republican budget, as well as budgets of administrative and territorial units in accordance with paragraph 95 of this Minute.

      97. The member states (authorized bodies of the member states), shall present the notifications on subsidies for the reporting quarter, drawn up in the prescribed form, provided at the federal (republican) and regional (municipal, local) levels, to each other and the Commission, on a quarterly basis, not later than the 30th day of the month following the reporting quarter.

      Application of provisions of this paragraph shall be carried out in recognition of transitional provisions provided by paragraph 1 of Article 105 of this Agreement.

      98. The member states (authorized bodies of the member states), shall annually, not later than 1 July of the year, following the reporting year, present the notifications on subsidies for the reporting year, drawn up in the prescribed form, provided at the federal (republican) and regional (municipal, local) levels, to each other and the Commission. Specified notification shall contain sufficient information in order to the authorized body of another member state and the Commission were able to estimate the amount of provided subsidies and their compliance with the provisions of this Minute.

      99. Forms of notifications on subsidies of the member states (authorized bodies of the member states), provided by this section, as well as procedure of their execution shall be approved by Commission in coordination with the member states.

      100. The notifications on subsidies shall contain the following information:

      1) the name of subsidy programs (in its existence), a short description or designation of subsidy (for example, "Small Enterprise Development");

      2) reporting period, for which a notification is presented;

      3) the main task, and (or) the purpose of subsidy (data about the purpose of provision of subsidy, as a rule, contained in the regulatory legal act, according to which the subsidy is provided);

      4) the ground for provision of subsidy (the name of regulatory legal act according to which the subsidy is provided, as well as a short description of this act);

      5) a form of subsidy (grant, loan, tax benefit and etc.);

      6) subject (producer, exporter or other person) and a method of provision subsidy (the means by which the subsidy is provided with established or variable amount per unit of goods (in the second version a mechanism for determination the amount is specified)), as well as the mechanism and conditions for provision of subsidy;

      7) the amount of subsidy (annual or total amount allocated for the subsidy, as far as possible - the subsidy per unit of product);

      8) validity of subsidy and (or) any other time limit, applicable to subsidy (including the opening date (completion) of subsidy);

      9) data on the effect on trade (statistical data, allowing to evaluate the trade effects of subsidies).

      101. It is essential that as far as possible the information specified in paragraph 100 of this Minute contains statistical data on production, consumption, import and export of subsidized goods or sectors:

      1) for 3 last years for which there are statistical data;

      2) for the year preceding the introduction of subsidy or the last important change of subsidy.

  Annex
  to the Minute on unified rules of
  provision the industrial subsidies

The list of measures in relation of which provisions of the Minute on unified rules of provision of industrial subsides are not applied

      Footnote. The Annex as amended by Laws of the Republic of Kazakhstan № 265-V as of 24.12.2014; № 346-V as of 02.08.2015.

Description of the measure

Transitional period in relation of measure

I. Republic of Belarus

Measures in relation of investment agreements, concluded in accordance with Decree of the President of the Republic of Belarus dated 4 April, 2009 No.175 “On measures on development of production of motor-car” and decision of Commission of the Customs Union dated 27 November, 2009 No.130 “On the unified customs tariff regulation of the Customs Union of the Republic of Belarus, Republic of Kazakhstan and the Russian Federation”*

until 31 December, 2020, unless otherwise provided by minute on accession of the Republic of Belarus to the World Trade Organization

II. Republic of Kazakhstan

1. Interest rate subsidies on bank credits of export-oriented industries in accordance with regulation of the Government of the Republic of Kazakhstan dated 13April, 2010 No. 301 "On approval of the program “Business Road Map 2020”

until 1 July, 2016 on credits granted by credit institutions to the July 1, 2011

2. Release of goods, recognized by the Kazakhstan according to sufficient processing criteria from the customs duties and taxes upon export from the territory of free warehouse to the rest of the customs territory of the Customs Union in accordance with the Code of the Republic of Kazakhstan dated 10 December, 2008 No.99-I “On taxes and other compulsory payments in the budget” (the Tax Code), regulation of the Government of the Republic of Kazakhstan dated 22 October, 2009 No.1647 “On approval of Rules on determination the country of origin of goods, preparation and issuance of the expert examination of the origin of goods and execution, certification and issuance of certificate on origin of goods” and Agreement on free warehouses and customs procedure of free warehouse dated 18 June, 2010.

until 1 January, 2017

3. Release of goods, recognized by the Kazakhstan according to sufficient processing criteria from the customs duties and taxes upon export from the territory of special economic zones to the rest of the customs territory of the Customs Union in accordance with Agreement on issues of free (special, specific) economic zones in the customs territory of the Customs Union and customs procedure of free customs zone dated 18 June, 2010, the Law of the Republic of Kazakhstan dated 21 July, 2011 No.469 – IV “On special economic zones in the Republic of Kazakhstan” and regulation of the Government of the Republic of Kazakhstan dated 22 October, 2009 No.1674 “On approval of Rules on determination the country of origin of goods, preparation and issuance of the act of expert examination on origin of goods and execution, certification and issuance of certificate on origin of goods”

until 1 January, 2017

4. The measures in relation of investment agreements concluded in accordance with the order of the Ministry of Industry and New Technologies of the Republic of Kazakhstan dated 1 June, 2010 No.113 “On some issues of conclusion, conditions and model form of Agreement on industrial assembly of motor vehicles with legal entities – residents of the Republic of Kazakhstan” and the Decision of Commission of the Customs Union dated 27 November, 2009 No.130 “On unified customs tariff regulation of the Customs Union of the Republic of Belarus, Republic of Kazakhstan the Russian Federation”*

until 31 December, 2020, unless otherwise provided by the minute on accession of the Republic of Kazakhstan to the World Trade Organization

5. Local content in subsoil use contracts between the Government of the Republic of Kazakhstan and subsoil user, concluded before 1 January, 2015, in accordance with the Law of the Republic of Kazakhstan dated 24 June, 2010 No.291-IV “On subsoil and subsoil use”

until 1 January, 2020, unless otherwise provided by the minute on accession of the Republic of Kazakhstan to the World Trade Organization

6. Local content in procurements of the National Welfare Fund (NWF) “Samruk-Kazyna” and organization, 50% or more of voting shares (share of participation) of which directly or indirectly owns the NWF “Samruk-Kazyna”, as well as in the companies, which are directly or indirectly owned by the state (a share of the state of which is 50 % and more) in accordance with the Law of the Republic of Kazakhstan dated 1 February, 2012 No.550-IV “On National Welfare Fund” and Regulation of the Government of the Republic of Kazakhstan dated 28 May, 2009 No.787 “On approval of Model rules of procurements of goods, works and services, carrying out by the national managing holding, national holdings, national companies and organizations, fifty and more percent of shares (share of participation) of which are directly or indirectly owned by the national managing holding, national holding, national company”

until 1 January, 2016, unless otherwise provided by the minute on accession of the Republic of Kazakhstan to the World Trade Organization

III. Russian Federation

1. Measures in relation of investment agreements, concluded before 28 February, 2011, which include provisions of the Decree of the President of the Russian Federation dated 5 February, 1998 No.135 “On additional measures to attract investments for development of domestic automobile industry”, provisions of the Government of the Russian Federation dated 29 March, 2005 No.166 “On making amendments in the Customs tariff of the Russian Federation in relation of vehicle components, imported for industrial assembly” and Decisions of Commission of the Customs Union dated 27 November, 2009 No.130 “On unified customs tariff regulation of the customs union of the Republic of Belarus, Republic of Kazakhstan and Russian Federation”*

transitional period corresponds to the term of validity of agreements, established in their signing and may be extended for the term, provided by Minute dated 16 December, 2011 on accession of the Russian Federation to the Marrakesh Accords on approval of the World Trade Organization dated 15 April, 1994, but may not exceed 2 calendar years

2. The measures, applied in accordance with the Federal Law dated 10 January, 2006 No.16-FL “On Special economic zone in the Kaliningrad Region and on making amendments in some legislative acts of the Russian Federation”

until 1 April, 2016

IV. Republic of Armenia

Exemption of goods recognized as Armenian, according to the criteria for sufficient processing, from customs duties and taxes when exporting them from the territories of free economic zones and free warehouses to the rest of the customs territory of the Customs Union in accordance with the Law of the Republic of Armenia “On Free Economic Zones” as of June 18, 2011, Resolution of the Government of the Republic of Armenia № 1772-Н as of December 30, 2010 “On Approval of the Procedure for Issuing Certificates of the Country of Origin and Examination”, the Agreement on free (special, exclusive) economic zones in the customs territory of the Customs Union and the customs procedure of a free customs zone as of June 18, 2010, the Agreement on free warehouses and the customs procedure of a free warehouse as of June 18, 2010.

until January 1, 2017

V. The Kyrgyz Republic  

1. Exemption of goods recognized as Kyrgyz, according to the criteria for sufficient processing, from customs duties and taxes when exporting them from the territories of “Bishkek”, “Naryn” and “Karakol” free economic zones to the rest of the customs territory of the Eurasian Economic Union in accordance with Law of the Kyrgyz Republic № 6 “On Economic Zones” as of January 11, 2014, Resolution of the Government of the Kyrgyz Republic № 715 as of November 3, 1998 “On the Procedure for Determining the Country of Origin of Goods Produced in Free Economic Zones of the Kyrgyz Republic” and the Agreement on free (special, exclusive) economic zones in the customs territory of the Customs Union and the customs procedure of a free customs zone as of June 18, 2010 **.

until January 1, 2017

2. Exemption of goods recognized as Kyrgyz, according to the criteria for sufficient processing, from customs duties and taxes when exporting them from the territories of free warehouses to the rest of the customs territory of the Eurasian Economic Union in accordance with Law of the Kyrgyz Republic № 184 “On Customs Regulation” as of December 31, 2014, the Agreement on free warehouses and customs procedure of a free warehouse as of June 18, 2010 **.
These exemptions apply to the below indicated owners of free warehouses included in the register of owners of free warehouses of the Kyrgyz Republic:
LLC “Altyn-Azhydaar”;
OJSC “Ilbirs”;
LLC “Avinjen”;
LLC “Silk Road”;
LLC “Renaissance”

until January 1, 2017";

      ________________________

      *Apply in recognition of conditions of application of the concept “industrial assembly of motor vehicles” in the territories of the member states, approved by the Superior Council.

  ANNEX No.29
  to Agreement on
  Eurasian Economic Union

MINUTE
on measures of the state support for agriculture

      1. This Minute is developed in accordance with Articles 94 and 95 of Agreement on Eurasian Economic Union and applied in relation of goods, specified in section II of this Minute (hereinafter - agricultural goods).

      2. The concepts used in this Minute shall have the following meanings:

      "administrative-territorial units" - administrative-territorial units of the Republic of Armenia, the Republic of Belarus (including the city of Minsk), the Republic of Kazakhstan (including the cities of Nur-Sultan, Almaty and Shymkent) and the Kyrgyz Republic (including the cities of Bishkek and Osh), constituent entities and municipalities of the Russian Federation;

      “state support for agriculture” – financial assistance, rendered by the government or other state body or local government body of the member state in the interests of producers of agricultural goods directly or through the agents authorized by them;

      “subsiding body” – one or several state bodies or local government bodies of the member state, carrying out adoption of decisions in a part of provision of the state support of agriculture. Subsiding body may entrust of prescribe to execute one or several functions, imposed on it, relating to provision of measures of the state support of agriculture to the authorized agent (any organization). Such actions of the authorized agent (any organization) shall be considered as the actions of subsiding body.

      Actions of the head of the member state, directed to provision of measures of the state support of agriculture shall be considered as the actions of subsiding body.

      Footnote. Paragraph 2 as amended by Laws of the Republic of Kazakhstan No. 265-V of 24.12.2014; No. 346-V of 02.08.2015; No. 6-VII of 15.02.2021.

1. Measures of the state support of agriculture

      3. The measures of the state support of agriculture shall be subdivide into:

      1) measures, not rendering the distorting effect on mutual trade of the member states in agricultural goods (hereinafter – measures, not rendering the distorting effect on trade);

      2) measures, rendering the distorting effect on mutual trade of the member states in agricultural goods to the maximum extent (hereinafter – measures, rendering the distorting effect on trade to the maximum extent);

      3) measures, rendering the distorting effect on mutual trade of the member states in agricultural goods (hereinafter – measures, rendering the distorting effect on trade);

      4. The measures, not rendering the distorting effect on trade shall include the measures, specified in section III of this Minute. The measures, not rendering the distorting effect on trade may be applied by the member states without restrictions.

      5. The measures, rendering the distorting effect on trade to the maximum extent shall include:

      measures of the state support of agriculture, provision of which is linked as individual or one of the several conditions with results of export of agricultural goods from the territory of the member state, providing this measure of the state support, to the territory of any other member state, carried out or possible in the future;

      measures of the state support of agriculture, provision of which is linked as individual or one of the several conditions with acquisition or use of agricultural goods, originating exclusively from the territory of the member state, providing this measure of the state support, upon production of agricultural goods in the territory of this member state regardless of whether the specific goods, their volume, cost, share of volume or cost of production or use of domestic goods, level for localization of production of domestic goods used are determined.

      The list of measures, rendering the distorting effect on trade to the maximum extent is specified in section IV of this Minute.

      6. The member states shall not apply measures, rendering the distorting effect on trade to the maximum extent.

      7. The measures, rendering the distorting effect on trade shall include the measures which may not be referred to measures, specified in paragraphs 4 and 5 of this Minute.

      8. The level of measures, rendering the distorting effect on trade, calculated as percentage of volume of the state support for agriculture to gross value of produced agricultural goods in general, determined as permitted volume shall not exceed 10 percent before entering of obligations into legal force in accordance with third item of this paragraph.

      Methodology for calculation of permitted level of measures, rendering the distorting effect on trade shall be developed by the member states in recognition of international experience and approved by the Council of Commission.

      Obligations of the member states on measures, rendering the distorting effect on the trade shall be established in accordance with specified methodology and approved by the Superior Council.

      Application of provisions of this paragraph shall be carried out in recognition of transitional provisions, provided by Article 106 of agreement on Eurasian Economic Union.

      9. After entering of the member state to the World Trade Organization, the obligations of this member state in relation of measures, rendering the distorting effect on the trade, adopted as conditions of accession to WTO shall be its obligations within the Union.

      10. Calculation of volumes of the state support of agriculture shall be carried out in accordance with section V of this Minute in recognition of methodology for calculation of permitted level of measures, rendering the distorting effect on trade, provided by paragraph 8 of this Minute.

II. The goods in relation of which the unified rules of the
state support of agriculture are applied

      11. Unified rules of the state support of agriculture shall be applied in relation of the following goods of FEACN of the EEU:

      1) groups 01-24 of FEACN of the EEU, except for the groups 03 (fish and crustaceans, mollusks and other aquatic invertebrates), commodity headings 1604 (prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs) and 1605 (prepared or preserved crustaceans, mollusks and other aquatic invertebrates);

      2) subheadings of FEACN of the EEU 2905 43 000 0 (mannitol);

      3) subheadings of FEACN of the EEU 2905 44 (D- glucitol (sorbitol));

      4) commodity heading of FEACN of the EEU 3301 (essential oils (containing or not containing terpenes), including concretes and absolutes; resinoids; extracted essential oils; concentrates of essential oils in fats, fixed oils, waxes or similar products, obtained by method of enfleurage or maceration; terpenic byproducts of the deterpenation of essential oils; aqueous distillates and aqueous solutions of essential oils);

      5) commodity headings of FEACN of the EEU 3505 (casein, caseinates and other casein derivatives; casein glues; albumins (including concentrates of two or more whey proteins containing more than 80 wt.% whey protein on a dry basis), albuminates and other albumin derivatives; gelatin (as well as in rectangular (including square) sheets, with surface treatment or untreated, colored or uncolored) and gelatin derivatives; fish glue; other glues of animal origin (excluding casein of commodity heading 3501); peptones and their derivatives; other protein substances and their derivatives, not named or included elsewhere; hide powder, or offal, chromed or not chromed; dextrines and other modified starches (e.g., starches, pregelatinised or esterified); glues based on starches, or on dextrines or other modified starches), except for subheadings 3503 00 800 1 (glue dry fish) and 3503 00 800 2 (liquid fish glue));

      6) subheading of FEACN of the EEU 3809 10 (finishing agents, means to accelerate the dyeing or fixing of dyestuffs and other products and prepared preparations (for example, substances for processing and mordant), used in the textile, paper, leather industry or similar industries, not named or included elsewhere, based on starchy substances);

      7) subheading of FEACN of the EEU 3824 60 (sorbitol, except for the sorbitol subheading 2905 44);

      8) commodity headings of FEACN of the EEU 4101-4103 (raw skins of cattle (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or preserved otherwise, but not tanned, not parchment-dressed or further processed), with hair or without, split or not split; raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or preserved otherwise, but not tanned, not parchment-dressed or further processed), with wool or without, split or not split, other than those excluded by the note 1c to this group; other raw skins (fresh, or salted, dried, limed, pickled or preserved otherwise, but not tanned, not parchment-dressed or further processed), with hair or without, split or not split, other than those excluded by the note 1b or 1c to this group);

      9) commodity heading of FEACN of the EEU 4301 (down and fur raw materials (including heads, tails, paws and other parts or cuttings, suitable for production of furs), except for the raw skins of commodity heading of FEACN of the EEU 4101, 4102 or 4103);

      10) commodity headings of FEACN of the EEU 5001 00 000 0 - 5003 00 000 0 (silk cocoons, suitable for reeling; raw silk (not thrown); silk waste (including cocoons unsuitable for reeling, cocoon thread waste and garneted raw materials));

      11) commodity headings of FEACN of the EEU 5101 - 5103 (wool, not carded or combed; animal hair, fine or coarse, not carded or combed; waste of wool, fine or coarse animal hair, including yarn waste but excluding garneted raw materials);

      12) commodity headings of FEACN of the EEU 5201 00 - 5203 00 000 0 (cotton fiber, not carded or combed; cotton fiber waste (including yarn waste and garneted raw materials); cotton fiber, carded or combed);

      13) commodity heading of FEACN of the EEU 5301 (raw flax, or processed flax, but not spun; flax tow and waste (including yarn waste and garneted raw materials));

      14) commodity heading of FEACN of the EEU 5302 (hemp (cannabis sativa L.), raw or processed but not spun; tow and waste of true hemp (including yarn waste and garneted raw materials)).

III. The measures, not rendering the distorting effect on trade

      12. The measures, not rendering the distorting effect on trade implemented in the interests of producers of agricultural goods (hereinafter - producers), shall correspond to the following basic criteria:

      1) support is provided at the expense of budget funds (unclaimed incomes), as well as within the state programs, but not at the expense of consumers. The unclaimed incomes shall be regarded as the amounts of compulsory payments, from which the member state is definitively or temporarily refused;

      2) the consequence of support shall not be the price support of producers.

      13. The measures, not rendering the distorting effect on trade shall meet the specific criteria and conditions, provided by paragraphs 14-26 of this Minute in addition to criteria, specified in paragraph 12 of this Minute.

      14. The state programs for provision of general services shall provide allocation of budget funds (use of unclaimed incomes) for rendering the services or provision of benefits to agriculture or rural population, except for the direct payments to those who produces or processes agricultural goods.

      15. The state programs for provision of general services may be carried out on the following directions:

      1) researches, including general, researches in connection with environmental protection programs, and research programs for specific products;

      2) pest and disease control, including general measures of pest and disease control, as well as measures relating to a specific goods, such as early warning systems, quarantine and destruction;

      3) general and special training of personnel;

      4) distribution of information, consultative services, including provision of means to facilitate the transfer of information and results of researches to producers and consumers;

      5) inspection services, including general inspection services and verification of separate agricultural goods for the purposes of health, safety, standardization and grading;

      6) services on marketing and promotion of agricultural goods, including market information, consultations and promotion of specific agricultural goods (excluding expenses for non-specific objectives, which may be used by sellers to reduce the selling prices of agricultural goods or provision of direct economic benefits to customers);

      7) infrastructure services, including electric power supply, roads and other communication lines, market and port facilities, water supply, dams and drainage systems, infrastructure work jointly with programs for environmental protection. In all cases, funds shall be directed only for equipment or construction of capital facilities and public objects of infrastructure, except for the funds directed to cover the operating costs or lost profits from customer service, having the benefits.

      16. Creation of the state reserves for ensuring of food security shall be carried out at the expense of financial means (unclaimed incomes), provided for the purposes of accumulation and storage of food stocks and allocated within the program on ensuring of food security, provided by the legislation of the member state and shall correspond to the following requirements:

      1) volume and accumulation of state reserves for ensuring of food security shall correspond to the previously defined purposes, exclusively relating to food security;

      2) process of formation and distribution of reserves shall be financially transparent;

      3) food procurements shall be carried out on current market prices, sales from food reserves – on prices not lower than the current domestic market prices for a particular product of relevant quality.

      17. Rendering of internal food assistance to the needy population group shall be carried out at the expense of budget funds (unclaimed incomes).

      Rendering of internal food assistance shall correspond to the following requirements:

      the right to receive domestic food assistance shall be established by the legislation of the member state;

      domestic food assistance shall be provided in the form of direct supplies of food to the interested persons or provision of funds for acquisition of food on market or subsidized prices by these persons;

      food procurements within rendering of domestic food assistance shall be carried out on current market prices, the financing and distribution are transparent.

      18. Measures of the state support, carried out in the form of direct payments to producers (use of unclaimed incomes and payments in natural terms) shall correspond to criteria, specified in paragraph 12 of this Minute, as well as other criteria applied to individual types of direct payments, specified in paragraphs 19-26 of this Minute. Direct payments, except for the specified in paragraphs 19-26 of this Minute shall correspond to requirements specified in subparagraphs 2 and 3 of paragraph 19 of this Minute, in addition to general criteria specified in paragraph 12 of this Minute.

      19. “Unrelated” income support of producers shall correspond to the following requirements:

      1) the right to payment shall be established by the legislation of the member state depending on the income level, status of producer, use of factors of production or production level in the definite and fixed base period;

      2) the amount of payments does not depend on the type or volume of products (including livestock), domestic and world prices to manufactured products and factors of production;

      3) carry out manufacture of products shall not be required for reception of payments.

      20. Financial participation of authorized bodies of the state power in insurance programs and safety protection of incomes shall correspond to the following requirements:

      1) the right to payments shall be determined by the losses of incomes (moreover only the incomes, received from agriculture are considered), which exceed 30 percent of average gross income or of equivalent in the form of net income (excluding any payments, received on such or similar programs) for the previous 3-years period or from average index for 3 years, calculated on the basis of previous 5-years period, from which the highest and lowest annual indices are excluded. Any producer meeting this condition shall have a right to receive payments;

      2) the amount of compensation may not exceed 70 percent for volume of losses of producer in the income for this year, in which the producer is entitled to receive assistance;

      3) the amount of payments does not depend on type or volume of products (including livestock), domestic or world prices for industrial products and factors of production;

      4) upon obtainment of the state support in accordance with this paragraph and paragraph 21 of this Minute by producer of agriculture products during 1 calendar year, the total amount of compensation may not exceed 100 percent of total losses of producer.

      21. Payments in the manner of assistance upon natural and other disasters, carried out directly or by financial participation of authorized bodies of the state power (organizations authorized by them) in the insurance programs of agricultural crop and animals shall correspond to the following requirements:

      1) the right to payments arises after official recognition by the authorized bodies of the state power that natural or other disasters (as well as outbreaks, pest infestation, grasshopper plague, wildfires, droughts, floods and other dangerous hydrometeorological phenomena, man-made events, nuclear accidents and military actions in the territory of the member state, etc.) are occurred or occurs;

      2) the amount of payments are determined on the basis of volume of production losses, exceeding 30 percent from the average level of volume of production for the preceding 3-years period, or from the average index of volume of production for 3 years, calculated on the basis of preceding 5-years period, from which the highest and lowest annual indices are excluded;

      3) the payments are executed in relation of losses of income, livestock (including payments related to the veterinary care of animals), disposal of the turnover of agricultural land and other factors of production, conditioned by natural or other disasters;

      4) the amount of payments shall not exceed the total cost of losses of producer, conditioned by natural or other disasters, irrespective of the type or quantity of future production;

      5) the amount of payments shall not exceed the level, necessary for prevention or mitigation of further losses, determined in subparagraph 3 of this paragraph;

      6) upon reception of the state support in accordance with this paragraph and paragraph 20 of this Minute by producer during 1 calendar year, the total amount of compensation may not exceed 100 percent of the total losses of producer.

      22. Assistance to the structural changes by programs that encourage producers to terminate their activity, provides the following:

      1) the right to payments is determined by clearly defined criteria within the programs, intended to facilitate termination of activity of persons, engaged in production of the commodity agricultural products, or their transfer to other economic sectors;

      2) the payments depend on termination of production of commodity agricultural products by aid recipient in the full volume and on a permanent basis.

      23. Assistance to the structural changes by programs on termination of the use of resources provides the following:

      1) the right to payments is determined by clearly defined criteria within the programs, directed to termination of the use of land or other resources, including livestock, for the purposes of production of agricultural goods;

      2) payments depend on the derivation of land from the scope of production of commodity agricultural products for at least 3 years, and in the case of livestock - from its slaughter with subsequent refusal of its breeding;

      3) alternative use of land and other resources derived from the scope of production of commodity agricultural products shall not be required and specified for implementation of payments;

      4) payments do not depend on the type and volume of products, domestic or world prices for products, manufactured with the use of land or other resources, remaining for production.

      24. Assistance to structural changes by encouragement of investments provides the following:

      1) the right to payments is determined by criteria, clearly defined within the state programs, intended for assistance of financial or physical restructuring of activity of producer due to objectively proven structural losses. The right to such payments may be also based on clearly defined government program on denationalization of agricultural lands;

      2) the amount of payments is not determined on the basis and does not depend on the type of volume of manufactured products (including livestock), except for the requirement, provided in subparagraph 5 of this paragraph;

      3) the amount of payment is not determined on the basis and does not depend on domestic or world prices on specific goods;

      4) the payments are provided only for the period, necessary for sale of investments, for which these payments are intended;

      5) when making payments, recipient of support is not prescribed and specified by no means which agricultural goods shall be produced by them, except for the requirement to not manufacture a particular product;

      6) the payments are restricted by amount, required for compensation of structural losses.

      25. Payments on programs of environmental protection shall be carried out in recognition of the following:

      1) the right to payments is determined by participation of producer in the state program of protection or preservation of the environment and depends on fulfilment of particular conditions, provided by this state program, including conditions, relating to the methods of production or necessary materials;

      2) the amount of payments is restricted by the rates of additional expenses or losses of income, related with execution of the state program.

      26. Payments on programs of regional aid shall be made in recognition of the following:

      1) the right to payments is provided to the producers, carrying out production in the disadvantaged regions. Disadvantaged region shall present administrative and (or) economic territory, determined by the legislation of the member state;

      2) the amount of payments is not determined on the basis and depends on the type or volume of production of agricultural goods (including livestock), but related with reduction in production of these goods;

      3) the amount of payments is not determined on the basis and depends on domestic or world prices for specific goods;

      4) the payments are provided only to the producers in the regions, having the right to aid and available for all producers in such regions;

      5) the payments, related with factors of production shall be made on regressive scale in excess of the threshold level on this factor of production;

      6) the amount of payments is restricted by the rates of additional expenses or losses of income, related with production of agricultural goods in the designated area.

IV. The measures, rendering the distorting effect on trade
to the maximum extent

      27. The measures, rendering the distorting effect on trade to the maximum extent shall be:

      1) making the direct payments (including payments in natural terms) to the specific producers, group or association of producers of agricultural goods depending on results of export of such goods;

      2) sale or proposal for export of non-commercial stocks of agriculture goods to the territory of another member state at the prices below the prices for similar goods, proposed to buyers in the internal market of the member state;

      3) making payments upon export of agricultural goods, which are financed with support of government, both at the expense of the state funds, and other funds, including payments, which are financed at the expense of revenues from charges for agriculture product or for agriculture product, from which the product exported to the territory of another member state is originated, to the territory of another member state;

      4) provision of the state support for reduction in expenses of marketing and promotion of agricultural goods for export to the territory of another member state (except for the widely used services on export promotion and consultative services), including expenses for handling operations, improvement in the quality of production and other expenses on processing as well as expenses related with international transportations;

      5) establishment of internal tariffs for transportation of agricultural goods, intended for export to the territory of another member state, on conditions more favorable than upon transportation of agricultural goods, intended for internal consumption;

      6) provision of the state support of agriculture depending on inclusion of agricultural goods in production, intended for export to the territory of another member state.

V. Calculation of volumes of the state support of agriculture

      28. Upon calculation of volumes of the state support of agriculture shall be considered:

      1) direct transfer of funds;

      2) granting of a guarantee for performance of obligations (for example, guarantee for loans and credits);

      3) acquisition of goods, services, securities, enterprises (property complex) or its part, share in the charter fund of organization (including acquisition of stocks), other property, rights to intellectual property and etc. by the state at the prices, exceeding the market prices;

      4) complete or partial rejection from collection of payments due to budgets of the state, administrative and territorial units (for example, debt relief on payments to the budget and etc.);

      5) preferential or gratis provision of goods or services;

      6) price support, which combines measures, directed to level control of market prices.

      29. Upon direct transfer of funds, the volume of the state support for agriculture shall correspond to the amount of received funds, provided on a gratis basis (for example in the form of donation, compensation and etc.). If the funds are provided on a repayable basis than established on the available market (market of bank loan, bonds, etc.), the volume of support shall be determined as the difference between the amount, which would be required to pay for the use of these funds in the case of their reception in the market and actually amount paid.

      30. The volume of the state support for agriculture on granting of a guarantee for performance of obligation shall be determined as the difference between the amount, which would be required to pay on the basis of tariff on insurance of risk for non-performance of relevant obligation in the available market of insurance services, and amount, which is required to pay for granting of guarantee to the subsiding body.

      Budget expenses on execution of guarantee shall be included in the volume of the state support in the amount of their level increase, calculated in accordance with first item of this paragraph.

      The member states shall include information allowing evaluate the level of the state support on granting of the state guarantee for performance of obligations to the notifications, provided in section VI of this Minute.

      31. Upon acquisition of goods, services, securities, enterprises (property complex) or its part, share in the charter fund of organization (including acquisition of stocks), other property, rights to intellectual property and etc. by the state at the prices, exceeding the market prices, the volume of the state support for agriculture shall be calculated as the difference between the actually amount paid for acquired objects and amount, which would be required to pay for these objects at the prices, existing in the market.

      Expenses of the state for acquisition of stocks, increase its share in the charter capital of enterprise and etc., meeting the requirements of usual investment practice shall not be referred to the measures of the state support.

      32. Upon complete or partial rejection from collection of payments due to budgets of the member state, administrative and territorial units, the volume of the state support for agriculture shall correspond to the amount of unexecuted financial obligations of producer to the budget, as well as obligations that may arise, if the support is not used. The volume of the state support for agriculture shall be determined as the amount, which is necessary to pay in the form of percent for the use of amount of borrowed funds, received in the available credit market, equal to the deferred liability, upon deferral of performance of obligations.

      33. Upon preferential or gratis provision of goods or services, the volume of the state support for agriculture shall be calculated as the difference between the market cost and actually amount paid of acquisition (provision) of goods or services.

      34. The volume of the price support, which combines measures, directed to level control of market prices shall be calculated as production for the number of specific type of agricultural goods, in relation of which the regulated prices of measures for regulation of prices are applied for the difference of internal regulated price and reference world price with correction of information depending on the quality and degree of processing the goods (for example, basic fat status of milk). Budget expenses, directed to support of prices (for example the expenses on procurement and storage) shall not be included to the calculation of volume of price support.

VI. Notifications on the state support of agriculture

      35. The member states shall notify each other and Commission on all programs of provision the state support for agriculture, planned in the current year, carried out on federal or republican levels, as well as on the level of administrative and territorial units, in written form, including information on volumes and procedure of provision the state support for agriculture. Notification shall contain sufficient information, in order to the authorized bodies of the member state and Commission may evaluate the amount of state support for agriculture, provided by the member states and its compliance with this Minute. The member states shall not transfer information on provided state support for agriculture to the category of restricted information. The member states shall, annually not later than 1 May, direct notification to each other and Commission

      36. The member states shall direct notifications, specified in paragraph 35 of this Minute, containing details on expenditure side of federal or republican budget, provided on sections, subsections and types of functional and departmental classification of expenses, as well as regulation on procedure and volumes of provision of the state support for agriculture to each other and Commission. Expenses of budget for administrative and territorial units of the member states shall be reflected in notifications by any other way.

      37. The list of sources of information on volumes and directions of the state support for agriculture at the federal or republican levels, as well the at the level of administrative and territorial units shall be provided by the member state or authorized body of the member state at the request of another member state or Commission.

      38. Authorized bodies of the member states shall direct notifications on the state support for agriculture, provided in the reporting year in the territory of its state before 1 December of the year, following the reporting.

      39. A form of notifications on programs of the state support for agriculture, planned in the current year and on the state support for agriculture, provided in the reporting year shall be developed by Commission jointly with the member states and approved by Commission.

VII. Responsibility of the member states

      40. In the case of violation of provisions of paragraphs 6 and 8 of this Minute by the member state, such member state shall terminate provision of measures, rendering distorting effect on trade to the maximum extent or measures, rendering distorting effect on trade and provided in excess of the permitted volume within a reasonable time period and pay compensation to other member states in the amount, equal to the volume of measures, rendering distorting effect on trade to the maximum extent, exceeding the permitted volume. Procedure of payment of compensation shall be established by the Council of commission. In the case of non-payment the specified compensation by the member state, other member states shall have a right to introduce the response measures.

  ANNEX No.30
  to Agreement on Eurasian
  Economic Union

MINUTE
on provision medical assistance to workers of the member
states and family members

      1. This Minute is developed in accordance with section XXVI of Agreement on Eurasian Economic Union and regulates the issues on provision medical assistance to workers of the member states and family members.

      2. The concepts used in this Minute shall have the following meanings:

      “state of residence” – the state, a citizen of which is patient;

      “healthcare organization (healthcare institution)” – a legal entity independent from organizational and legal form, carrying out medical activity as the basic (charter) type of activity on the basis of license, issued in the manner established by the legislation of the member states, other legal entity independent form organizational and legal form, carrying out medical activity together with the basic (charter) type of activity or individual, registered as individual entrepreneur, carrying out medical activity in accordance with the legislation of the member state;

      “medical evacuation” – transportation of patient for the purposes of life saving and preservation of health (as well as patients, to whom it is impossible to provide medical assistance in life-threatening conditions in the healthcare organizations (healthcare institutions), in which they are located, and patients injured as a result of emergency situations and natural disasters, as well as suffering from diseases representing a danger to others);

      “patient” – workers of the member state or family member, to whom the medical assistance is provided or who applied for medical assistance, independent from their disease and their state;

      “emergency health services” (in the urgent form) – a complex of medical services, rendered at the sudden acute disease, states, acute exacerbation of a chronic disease without obvious signs of threat to the life of the patient;

      “emergency health services” (in the emergency form) – a complex of medical services, rendered at the acute diseases, accidents, injuries, poisoning and other states that threaten the patient's life.

      3. The state of employment shall ensure provision of medical assistance to the workers of the member states and family members in the manner and on conditions which are determined by the legislation of the state of employment and international treaties.

      4. The member states shall provide the right to receive free emergency health services (in the emergency and urgent form) to the workers of the member states and family members in its territory in the same manner and on the same conditions as the citizens of the state of employment.

      Emergency health services (in the emergency and urgent form) shall be rendered to the workers of the member states and family members by healthcare organizations (healthcare institutions) of the state and municipal healthcare systems of the state of employment for free, independent form availability of health insurance card.

      Compensation for expenses of healthcare organization (healthcare institution) for rendering of emergency health services (in the emergency and urgent forms) to the workers of the member states and family members shall be carried out at the expense of relevant budgets of budget system of the state of employment in accordance with existing finance system of health care service.

      5. In the case of continuation treatment of patient in the healthcare organizations (healthcare institutions) of the state of employment after elimination of direct threat to its life or health of others, the payment of actual cost of provided services shall be carried out directly by the patient or from other resources, not prohibited by the legislation of the state of employment, on tariffs or contractual prices.

      6. If necessary to carry out medical evacuation of patient to the state of residence, the information on the state of health shall be directed by healthcare organization (healthcare institution) to the embassy and (or) authorized body (organization) of the state of residence.

      A possibility of medical evacuation of patient, as well as procedure of medical evacuation shall be determined in accordance with the legislation of the member states. Medical evacuation shall be carried out by mobile teams of emergency health services with conducting of measures on provision of medical assistance, as well as with the use of medical device during transportation.

      Compensation of expenses related with medical evacuation of patient shall be carried out at the expense of relevant budget of budget system of the state of residence in accordance with existing finance system of health care service or other resources, not prohibited by the legislation of the state of residence.

  ANNEX No.31
  to Agreement on Eurasian
  Economic Union

MINUTE
On functioning of Eurasian Economic Union within the
multilateral trading system

      The Agreement on functioning of the Customs Union within the multilateral trading system dated 19 May, 2011 shall be applied within the Union to the relevant relations.

  ANNEX No.32
  To Agreement on Eurasian
  Economic Union

PROVISION
on social guarantees, privileges and immunities in the
Eurasian Economic Union
I. General provisions

      1. The concepts used in this Provision shall have the following meanings:

      “state of residence” – the member state, in the territory of which the body of the Union is located;

      “premises of bodies of the Union” – buildings or building parts, used for official purposes, as well as for residence of members of the College of Commission, judges of the Court of the Union, civil servants and employees;

      “representatives of the member states” – heads and members of delegations, directed by the member states at the meetings of bodies of the Union and measures, conducted within the Union;

      “social security (social insurance)” – compulsory insurance in case of temporary incapacity for work and in connection with maternity, compulsory insurance from industrial accidents and occupational diseases, compulsory medical insurance;

      “family members of the College of Commission, judges of the Court of the Union, civil servants” – a husband (wife), minor children and persons who are dependent, permanently residing with the members of the College of Commission, judges of the Court of Union, civil servants;

      “family members of employees” a husband (wife) and minor children, permanently residing with employees.

      2. The members of the College of Commission, judges of the Court of the Union, civil servants and employees are international servants. They shall not request or receive specifications from bodies of the state power or official persons of the member states, as well as from the state authorities, that are not the members of the Union, upon execution of their powers (execution of employment (official) duties). They shall refrain from any actions incompatible with their status as international servants.

      3. Each member state shall be obliged to fully respect the international nature of powers of members of the College of Commission, judges of the Court of the Union, civil servants and employees and have not influence on them upon execution of official duties by them.

II. Privileges and immunities of the Union

      4. Property and assets of bodies of the Union shall enjoy immunity from any form of administrative or judicial intervention, except for the cases, when the Union waives immunity by itself.

      5. Premises of bodies of the Union, as well as their records and documents, as well as official correspondence, regardless of location shall not subject to search, requisition, confiscation or any other form of interference, preventing the normal activity of these bodies.

      6. Representatives of relevant bodies of the state power and management of the state of residence may not enter the premises of bodies of the Union without the consent of the Chairman of the College of Commission, Chairman of the Court of Union or the persons substituting them, and on the conditions, approved by them, except for the cases of fire or other circumstances requiring immediate protection measures.

      7. Execution of any actions by decision of relevant bodies of the state power and management of the state of residence may be in the premises of bodied of the Union only with consent of Chairman of the College of Commission, Chairman of the Court of the Union or persons, substituting them.

      8. Premises of bodies of the Union may not serve as a shelter for persons persecuted under Laws of any of the member states or extraditable to the member state or the state which is not a member of the Union.

      9. Inviolability of premises of bodies of the Union shall not grant a right to use them for the purposes, incompatible with functions and tasks of the Union or causing damage to security, interests of individuals or legal entities of the member states.

      10. The state of residence shall take appropriate measures for protection of premises of the Union from any invasion or damage.

      11. The bodies of the Union shall be exempted from taxes, charges, duties and other payments, collected in the state of residence, except for the payments, which present the payment for specific types of service activities (services), and payments (deductions and contributions), paid in accordance with paragraphs 44 and 45 of this Minute.

      12. Subjects and other property, intended for official use by bodies of the Unions shall be exempted from imposition of customs duties, taxes and customs charges in the territories of the member states.

      13. In relation of official communication means, the bodies of the Union shall use conditions not less favorable than those which are provided by the state of residence to diplomatic representations.

      14. The bodies of the Union may place the flag, emblem or other symbols of the Union in the premises occupied by them and their vehicles.

      15. The bodies of the Union may issue and distribute print production, publication of which is provided by international treaties and acts, constituting the Union law in accordance with their purposes and functions upon observance of the legislation of the member states.

      16. The state of residence shall render assistance in acquisition or reception of premises, necessary for performance of functions by bodies of the Union, to the Union.

      17. The Union shall maintain cooperation with relevant bodies of the state power and management of the member states for the purposes of ensuring the proper administration of justice and performance instructions of law enforcement bodies, as well as prevention of any abuse in terms of privileges and immunities, provided by this Provision.

III. Privileges and immunities of members of the College
of Commission, judges of the Court of the Union,
civil servants and employees

      18. The members of the College of Commission and judges of the Court of the Union, if they are not the citizens of the state of residence enjoy privileges and immunities in the volume, provided by the Vienna Convention on Diplomatic Relations dated 18 April, 1961 for diplomatic agent.

      Such immunities shall not be applied in the case of:

      property suits relating to private immovable property located in the territory of the state of residence;

      suits relating to inheritance in respect of which a member of the College of Commission, a judge of the Court of the Union or family member act as executor, trustee of inheritable property, heir or legatee as a private person and not on behalf of the body of the Union;

      suits, relating to professional activity, exceeding authority, provided by Agreement on Eurasian Economic Union (hereinafter - Agreement).

      An effect of provisions of subparagraph 1 of paragraph 19 of this Provision shall be applied to the persons of the College of Commission and judges of the Court of the Union which are the citizens of the state of residence.

      An effect of provisions of subparagraphs 3-5 of paragraph 19 of this Provision shall be applied to the family members of the College of Commission and judges of the Court of the Union, residing with them, if these family members are not the citizens of the state of residence.

      Immunity from civil jurisdiction of the state of residence in relation of suits for compensation of damage in connection with a traffic accident caused by the transport vehicle belonging to the family member, or managing it shall not be applied to the family members of the members of the College of Commission and judges of the Court of the Union, if they are citizens of the state of residence and (or) permanently reside in its territory.

      19. Civil servants shall:

      1) not subject to criminal, civil and administrative responsibility for said or written words and all actions committed by them as civil servants;

      2) exempted from taxation of salary and other remunerations, paid by bodies of the Union;

      3) exempted from national service obligations;

      4) exempted from restrictions on entry to the state of residence and departure from it, from registration as the foreigner and application for temporary residence;

      5) enjoy the same benefits on repatriation, as the diplomatic representatives use during international crisis.

      20. An effect of provisions of subparagraphs 2-5 of paragraph 19 of this Provision shall not be applied to civil servants if they are citizens of the state of residence and (or) permanently reside in its territory.

      21. An effect of provisions of subparagraphs 3-5 of paragraph 19 of this Provision shall be applied to the family members of civil servants, residing with them, if these family members are not the citizens of the state of residence and (or) permanently resides in its territory.

      22. The issues of accreditation of members of the College of Commission, judges of the Court of the Union, civil servants and employees shall be regulated by international treaties on conditions of residence of bodies of the Union in the territory of the state of residence.

      23. The members of the College of Commission, judges of the Court of the Union, civil servants and employees shall not have a right to engage in entrepreneurial and any other activity in the interest of personal benefit or the benefit of other persons, except for the scientific, creative and teaching activity.

      The incomes from scientific, creative or teaching activity shall subject to taxation in accordance with international treaties and the legislation of the state of residence.

      24. The members of the College of Commission, judges of the Court of the Union, civil servants and their family members shall observe requirements of the legislation of the state of residence in relation of insurance for damage, which may be caused to third persons in connection with the use of any transport vehicle.

      25. The employees shall not subject to jurisdiction of judicial or administrative bodies of the state of residence in relation of actions, committed upon direct performance of their official duties, except for the cases of presentation:

      1) suits on compensation of damage in connection with the traffic accident, caused by transport vehicle, belonging to the employee or managing it;

      2) suits in connection with death or personal injury caused by the actions of employees.

      26. The employees shall be exempted from restrictions on entry to the state of residence and departure from it, from registration as the foreigner and application for temporary residence.

      27. Provisions of paragraphs 25 and 26 of this Provision shall not be applied to the relationship between the employees and bodies of the state power and management of the member state, citizens of whom they are.

      28. Privileges and immunities, enjoyed by the members of the College of Commission, judges of the Court of the Union, civil servants and employees shall be provided them not for personal benefit but for effective, independent exercise their powers (performance of employment (official) duties) by them in the interests of the Union.

      29. The members of the College of Commission, judges of the Court of the Union, civil servants, employees and their family members shall enjoy privileges and immunities, provided by this Provision, from the date of their entry into the territory of the state of residence on going to their destination or if they are already in the territory, from the date when the members of the College of Commission, judges of the Court of the Union, civil servants, employees have begun to exercise their powers (employment (official) duties).

      30. Upon termination of powers (execution of employment (official) duties) of the member of the College of Commission, judge of the Court of the Union, civil servant or employee, their privileges and immunities, as well as privileges and immunities of their family members, residing with them shall be usually terminated at the time of abandonment of the state of residence by this person or upon expire of reasonable period of time for abandonment of the state of residence depending on which of these moments will happen first. Privileges and immunities of the family members shall be terminated which they cease to be family members of the member of the College of Commission, judge of the Court of the Union, civil servant or employee. Upon that if such persons are intended to leave the state of residence during the reasonable period of time, their privileges and immunities shall be preserved before the date of their departure.

      31. In the case of death of a member of the College of Commission, judge of the Court of the Union, civil servant or employee, their family memebrs residing with them shall continue to enjoy the privileges and immunities to the date of leaving them the state of residence or until the expire of a reasonable term to leave the state of residence depending on which of these will happen first.

      32. The immunities from administrative, civil and criminal jurisdiction of a member of the College of Commission, judge of the Court of the Union or civil servant in relation of all said and written within implementation of its functions and all actions, committed as a member of the College of Commission, judge of the Court of the Union or civil servant shall be preserved for him (her) after termination of powers. This paragraph shall be valid without damage for the cases of incurrence of liability of members of the College of Commission, judges of the Court of the Union of civil servants, provided by Agreement or international treaties within the Union.

      33. All persons enjoying privileges and immunities shall be obliged to respect the legislation of the state of residence without damage for their privileges and immunities in accordance with this Provision. They are also obliged not to intervene in the internal cases of this state.

      34. A member of the College of Commission, judge of the Court of the Union, civil servant, and employee may be deprived of immunity in the case, if the immunity prevents to implementation of justice and the lifting of immunity does not cause damage to the purposes, in connection with which it was granted.

      35. Lifting of immunity shall be carried out:

      1) in relation of a member of the College of Commission and judge of the Court of the Union – by the Superior council;

      2) in relation of civil servant and employee of the Commission – by the Council of Commission;

      3) in relation of civil servant and employee of the court of the Union – by the Chairman of the Court of the Union.

      36. Waiver of immunity shall be carried out in written form and shall be explicit.

IV. Privileges and immunities of representatives
of the member states

      37. Upon performance of official functions and during following to the place of conducting the measures, organized by the bodies of the Union in the territories of the member states, representatives of the member states shall enjoy the following privileges and immunities:

      1) immunity from personal arrest or detention and from the jurisdiction of judicial and administrative authorities in relation of all actions that may be committed by them in this capacity;

      2) inviolability of residence;

      3) exemption of accompanied baggage and carry-on baggage from customs inspection, unless there are serious grounds to believe that they contain the subjects and other property not intended for official or personal use or subjects and other property, the import or export of which is prohibited or restricted by the legislation of the member state, in the territory of which the measure is conducted;

      4) exemption from restrictions on entry to the state of residence and the exit from it, from registration as the foreigners and application for temporary residence.

      38. Provisions of paragraph 37 of this Provision shall not be applied to mutual relations between the representatives of the member state and authorities of the member state, citizen or representative of which he (she) is or was.

      39. Privileges and immunities, enjoyed by the representatives of the member states shall be provided them not for personal benefit but for effective, independent performance of official functions by them in the interests of its member state.

      40. The premises occupied by representatives of the member states, pieces of furniture and other property, as well as transport vehicles used by them for the need of service shall enjoy the immunity from search, requisition, arrest and enforcement procedures.

      41. Records and documents of the member states are inviolable at any time, regardless of the media and their location.

      42. The state of residence shall provide to all representatives of the member states freedom of movement and trips along its territory to the extent that it is necessary for the performance of their official functions, in the case if it does not contradict to the Law and rules concerning the zones, the entry of which is prohibited or regulated for reasons of national security.

V. Labor relations and social guarantees in the
bodies of the Union

      43. The labor relations of the members of the Collegium of the Commission, judges of the Court of the Union, officials and employees shall be governed by the laws of the host state, with due regard to the norms of the Agreement.

      Footnote. Paragraph 43 as amended by Law of the Republic of Kazakhstan No. 145-VII of 10.10.2022 (shall enter into force on the date of receipt by the depositary via diplomatic channels of the last written notification on completion by the member-states of domestic procedures required for its entry into force).

      44. Retirement insurance of the members of the College of Commission, judges of the Court of the Union, civil servants and employees shall be carried out in accordance with the legislation of the member state, citizens of whom they are.

      Mandatory deductions for retirement insurance of members of the College of Commission, judges of the Court of the Union, civil servants and employees shall be carried out by bodies of the Union without deduction from salary at the expense of budget funds of the Union to the pension funds of the member states, citizens of whom the specified persons are, in the manner and amounts, established by the legislation of relevant member state. The retirement costs to the members of the College of Commission, judges of the Court of the Union, civil servants and employees shall bear the member state, the citizens of whom they are.

      45. Social security (social insurance) except for the retirement insurance, and provision of social insurance benefits to the members of the College of Commission, judges of the Court of the Union, civil servants and employees shall be carried out in accordance with the legislation of the state of residence on the same conditions and in the same manner that in the relation of citizens of the state of residence.

      Payment of premium for social security (social insurance), except for the retirement insurance, from the payments in favor of the members of the College of Commission, judges of the Court of the Union, civil servants and employees shall be carried out at the expense of budget funds of the Union in the manner established by the legislation of the state of residence.

      The member state shall bear expenses for the payment of benefits on social security (social insurance) without mutual payments with other member states.

      46. Period of work as a member of the College of Commission, judge of the Court of the Union, civil servant or employee shall be counted to the pensionable or labor length of service upon awarding of pension or benefits on social security (social insurance) in accordance with the legislation of the member state, the citizens of whom they are.

      Period of work as a member of the College of Commission, judge of the Court of the Union, civil servant or employee shall be counted to the pensionable or labor length of service upon awarding of pension in accordance with the legislation of the member state, the citizens of which they are, and upon awarding of benefit on social security (social insurance) – in accordance with the legislation of the state of residence.

      47. The earnings received by the members of the College of Commission, judges of the Court of the Union, civil servants and employees in the period of performance of their functions shall be considered upon determination of the amount of pension in accordance with the legislation of the member state, citizens of which they are, and upon determination of the amount of benefit on social security (social insurance) – in accordance with the legislation of the state of residence.

      48. The following social guarantees shall be provided to the members of the College of Commission and judges of the Court of the Union in the period of exercise of their powers:

      1) annual paid leave with duration of 45 calendar days;

      2) health services as well as to their family memebrs, as well as transport services carried out at the expense of budget of the Union;

      3) provision of corporate housing to the members of the College of Commission and judges of the Court of the Union (in recognition of their family members), not having dwelling place in the territory of city, in which the relevant body of the Union is located, at the expense of budget of the Union;

      4) inclusion the period of exercise the powers of a member of the College of Commission to the experience of the state (state civil) service in the granting of social guarantees, provided by the legislation of the member state, the citizen of which he (she) is, for the state employees (federal civil servants), as well as to the duration of exercise of powers of the minister (federal minister) upon determination the amount (right) of pension (social) security (monthly pension supplement), provided by the legislation of the member state, the citizen of which is a member of the College of Commission, for the minister (federal minister);

      5) inclusion of period of exercise the powers of the judge of the Court of the Union to the judicial experience in the member state, the citizen of which is a judge of the Court of the Union.

      49. The issues related with ensuring the social guarantees (as well as with health and transport services), provided to the members of the College of Commission and judges of the Court of the Union shall be resolved by the competent body of the state of residence.

      50. The members of the College of Commission, who are the citizens of the Russian Federation, resigned commission (except for the cases of early termination of powers provided by Provision on Eurasian Economic Commission (Annex № 1 to the Agreement)), shall have a right to establish a monthly supplement to the old age pension insurance (disability). A monthly pension supplement shall be established in the amounts, manner and on conditions, which are provided by the legislation of the Russian Federation for the federal minister. Decision on establishment of the monthly pension supplement shall be adopted by the head of federal body of executive power, exercising functions on development and implementation of the state policy and legal regulation in the scope of retirement insurance. Monthly pension supplement shall be established at the expense of the funds of federal budget.

      The guarantees shall be applied to the judge of the Court of the Union upon termination of its powers and the monetary payments, provided by the legislation of the member state for the chairmen of Supreme Court of the member state, from which the judge of the Court of the Union is appointed shall be also provided to him (her). These guarantees and monetary payments shall be established to the judge of the Court of the Union in the manner determined by the legislation of the member state, from which the judge of the Court of the Union is appointed.

      51. Health services shall be provided to the civil servants, employees and their family memebrs at the expense of the budget funds of the Union in the period of execution of their employment (official) duties, the transport services shall be also provided to the directors of departments of the Commission and the head of the Secretariat of Court of the Union at the expense of budget funds of the Union.

      52. The corporate housing (in recognition of family members) shall be provided to the civil servants and employees, not having dwelling place in the territory of city, in which the relevant body of the Union is located, at the expense of budget funds of the Union, in the period of execution of their employment (official) duties.

      53. Officials and employees of the Commission and the Court of Justice of the Union being the nationals of the Russian Federation who at any time prior to their work in the Commission and the Court of Justice of the Union occupied positions of civil service in the Russian Federation, who have been released from the positions held in the Commission or the Court of Justice of the Union ( excluding cases of release due to guilty actions), and who have a length of civil service experience in the respective year, prescribed by the legislation of the Russian Federation for the granting of long-service pensions to federal civil servants shall have the right to a long-service pension assigned to them under the conditions and pursuant to the procedure prescribed by the legislation of the Russian Federation for federal civil servants if, immediately prior to their resignation from the Commission or the Union Court, they had held positions therein for at least three years. Presentation (decision) on establishment of pension for years of service shall be adopted by the head of the federal body of executive power, exercising functions on development and implementation of the state policy and legal regulation in the scope of retirement insurance, on presentation of the Chairman of the College of Commission and Chairman of the Court of the Union.

      The amount of pension for years of service shall be calculated on the basis of average monthly salary of civil servant or employee, the limit amount of which is determined in relation of official salaries (monetary remuneration), established on equated position of the state civil service according to the list of compliance of positions of civil servants and employees of Commission and the Court of the Union with positions of federal state civil service in the Apparatus of the Government of the Russian Federation and administrative office of the Supreme Court of the Russian Federation.

      Pension for years of service shall be granted at the expense of the federal budget funds by the legislation of the Russian Federation.

      Footnote. Paragraph 53 as amended by Law of the Republic of Kazakhstan No. 145-VII of 10.10.2022 (shall become effective on the date of receipt by the depositary via diplomatic channels of the last written notification on completion by the member states of domestic procedures required for its entry into force); No. 151-VII of 02.11.2022 (shall enter into force on the date of receipt by the depositary, via diplomatic channels, of the last written notification of the member states of the domestic procedures required for its entry into force).

      54. Period of the work of civil servants and employees of Commission and the Court of the Union shall be included to the experience of the state (state civil) service of the member state, the citizens of which they are, for establishment of social guarantees during the period of state (state civil) service and for granting a pension for years of service of the state employees (federal civil servants).

      55. Procedure of health and transport service of members of the College of Commission, judges of the Court of the Union, civil servants and employees, as well as their family members shall be determined by the Intergovernmental Council.

  ANNEX No.33
  to Agreement on Eurasian
  Economic Union

MINUTE
on termination of effect of international treaties,
concluded within formation of the Customs Union and
the Common Economic Space, in connection with entering
of Agreement on Eurasian Economic Union into legal force

      An effect of the following international treaties, concluded within formation of the Customs Union and Common Economic Space shall be terminated in connection with entering of Agreement on Eurasian Economic Union (hereinafter – the Agreement) into legal force.

I. International treaties, terminating from the date of
entering of Agreement into legal force

      1. Agreement on creation of unified customs territory and formation of the Customs Union dated 6 October, 2007.

      2. Minute on procedure for entering of international treaties directed to formation of contractual legal base of the Customs Union, withdrawal from them and accession to them, to the legal force dated 6 October, 2007.

      3. Agreement on maintenance of the customs statistics of external and mutual trade of goods of the Customs Union dated 25 January, 2008.

      4. Agreement on unified customs tariff regulation dated 25 January, 2008.

      5. Agreement on unified measures of non-tariff regulation in relation of third countries dated 25 January, 2008.

      6. Agreement on application of special protective, antidumping, compensatory measures in relation to the third countries dated 25 January, 2008.

      7. Agreement on principles for collection of indirect taxes upon export and import of goods, execution of works, rendering of services in the Customs Union dated 25 January, 2008.

      8. Minute on provision of tariff preferences dated 12 December, 2008.

      9. Minute on ensuring of uniform application of rules for determination of the customs cost of goods, transferred through the customs border of the Customs union dated 12 December, 2008.

      10. Minute on exchange of information, necessary for determination and control of the customs cost of goods, between the customs bodies of the Republic of Belarus, Republic of Kazakhstan and the Russian federation dated 12 December, 2008.

      11. Minute on conditions and procedure of application the rates of imported customs duties, different from the rates of the Unified customs tariff in the exceptional cases dated 12 December, 2008.

      12. Agreement on types of the customs procedures and customs regimes dated 12 December, 2008.

      13. Agreement on procedure of declaring the customs cost of goods, transferred through the customs border of the Customs union dated 12 December, 2008.

      14. Agreement on procedure of declaring the goods dated 12 December, 2008.

      15. Agreement on procedure of calculation and payment of customs duties in the participating states of the Customs union dated 12 December, 2008.

      16. Agreement on procedure of carrying out of accuracy control for determination the customs cost of goods, transferred through the customs border of the Customs union dated 12 December, 2008.

      17. Agreement on procedure of customs processing and customs control in the participating states of the Customs union dated 12 December, 2008.

      18. Agreement on Secretariat of Commission of the Customs union dated 12 December, 2008.

      19. Agreement on conditions and mechanism of application of tariff quotas dated 12 December, 2008.

      20. Agreement on procedure of introduction and application of measures, affecting the foreign goods trade, in the unified customs territory in relation of third countries dated 9 June, 2009.

      21. Agreement on rules of licensing in the scope of foreign goods trade dated 9 June, 2009.

      22. Minute on procedure for collection of indirect taxes and mechanism of control of their payment upon export and import of goods in the Customs Union dated 11 December, 2009.

      23. Minute on procedure of collection of indirect taxes upon execution of works, rendering the services in the Customs Union dated 11 December, 2009.

      24. Minute on procedure of transfer of statistic data of foreign trade and statistics of mutual trade dated 11 December, 2009.

      25. Minute on the status of Center of customs statistics of Commission of the Customs union dated 11 December, 2009.

      26. Agreement on mutual recognition of accreditation of certification bodies (assessment (confirmation) of conformity) and testing laboratories (centers), executing the works on assessment (conformation) of conformity dated 11 December, 2009.

      27. Agreement on circulation of products, subject to compulsory assessment (confirmation) of conformity in the customs territory of the Customs Union dated 11 December, 2009.

      28. Agreement on the Customs Union on veterinary and sanitary measures dated 11 December, 2009.

      29. Agreement of the Customs Union on plant quarantine dated 11 December, 2009.

      30. Agreement of the Customs Union on sanitary measures dated 11 December, 2009.

      31. Minute dated 11 December, 2009 on making amendments in Agreement on principles of collection of indirect taxes upon export and import of goods, execution of works, rendering of services in the Customs Union dated 25 January, 2008.

      32. Agreement on establishment and application of procedure of credit and distribution of import customs duties (other duties, taxes and charges, having equivalent effect) dated 20 May, 2010.

      33. Minute dated 21 May, 2010 on making amendments in Agreement of the Customs Union on plant quarantine dated 11 December, 2009.

      34. Minute dated 21 May, 2010 on making amendments in Agreement of the Customs Union on veterinary and sanitary measures dated 11 December, 2009.

      35. Minute dated 21 May, 2010 on making amendments in Agreement of the Customs Union on sanitary measures dated 11 December, 2009.

      36. Minute on separate temporary waivers from the functioning regime of the unified customs territory of the Customs Union dated 5 July, 2010.

      37. Agreement on application of information technologies upon electronic document exchange in the foreign and mutual trade in the unified customs territory of the Customs Union dated 21 September, 2010.

      38. Agreement on creation, functioning and development of integrated information system of foreign and mutual trade of the Customs Union dated 21 September, 2010.

      39. Agreement on unified principles and rules of technical regulation in the Republic of Belarus, Republic of Kazakhstan and the Russian Federation dated 18 November, 2010.

      40. Minute on procedure for provision of details, containing confidential information to the body, conducting the investigations, for the purposes of investigations, preceding introduction of special protective, antidumping and compensatory measures in relation to the third countries, dated 19 November, 2010.

      41. Agreement on procedure of application of special protective, antidumping and compensatory measures during transitional period dated 19 November, 2010.

      42. Agreement on legal status of migrant workers and their family members dated 19 November 2010.

      43. Agreement on ensuring of access to the services on natural monopolies in the scope of electrical energy industry, including basic principles of pricing and tariff policy dated 19 November, 2010.

      44. Agreement on the state (municipal) procurements dated 9 December, 2010.

      45. Agreement on unified rules of the state support of agriculture dated 9 December, 2010.

      46. Agreement on unified rules of provision of industrial subsidies dated 9 December, 2010.

      47. Agreement on unified principles and rules of competition dated 9 December, 2010.

      48. Agreement on unified principles and rules of regulation of activity of natural monopoly entities dated 9 December, 2010.

      49. Agreement on unified principles of regulation in the scope of security and protection of intellectual property rights dated 9 December, 2010.

      50. Agreement on procedure of organization, management, functioning and development of common markets of oil and oil products of the Republic of Belarus, Republic of Kazakhstan and the Russian Federation dated 9 December, 2010.

      51. Agreement on rules of access to the services of natural monopoly entities in the scope of gas transportation through the gas pipeline systems, including the basic principles of pricing and tariff policy dated 9 December, 2010.

      52. Agreement on regulation of access to the services of railway transport, including the basics of tariff policy dated 9 December, 2010.

      53. Agreement on coordinated macroeconomic policy dated 9 December, 2010.

      54. Agreement on coordinated principles of currency policy dated 9 December, 2010.

      55. Agreement on creation of conditions in the financial markets for ensuring of free movement of capital dated 9 December, 2010.

      56. Agreement on the trade in services and investments in the participating states of the Common Economic Space dated 9 December, 2010.

      57. Agreement on carrying out of transport (automobile) control in the external border of the Customs Union dated 22 June, 2011.

      58. Minute dated 18 October, 2011 on making amendments and additions to the Agreement on application of special protective, antidumping and compensatory measures in relation to the third countries dated 25 January, 2008.

      59. Minute on procedure of information exchange, related with payment of import customs duties dated 19 October, 2011.

      60. Contract on Eurasian Economic Commission dated 18 November, 2011.

      61. Contract on cooperation of authorized bodies of the participating states of Agreement on coordinated principles of currency policy dated 9 December, 2010, carrying out currency control dated 15 December, 2011.

      62. Agreement on information interaction in the scope of statistics dated 29 May, 2013.

      63. Minute dated 24 August, 202 on making amendments to the Minute on conditions and procedure of application of rates of import customs duties, different from the rated of the Unified customs tariff in the exceptional cases dated 12 December, 2008.

      64. Minute dated 21 June, 2013 on making amendments to Agreement on conditions and mechanism of application of tariff quotas dated 12 December, 2008.

      65. Minute dated 25 September, 2013 on making amendments to the Agreement on unified customs tariff regulation dated 25 January, 2008.

II. International treaties terminating from the date of
entering the relevant decision of Commission according to
the Article 102 of Agreement into legal force

      1. Agreement on unified rules of determination of country of origin of goods dated 25 January, 2008.

      2. Minute on unified system of tariff preferences of the Customs Union dated 12 December, 2008.

      3. Agreement on Rules of determination of origin of goods from developing and least developed countries dated 12 December, 2008.

      I hereby certify that this text is complete and authentic copy of the Agreement on the Eurasian Economic Union, signed on 29 May, 2014 in Astana:

      from the Republic of Belarus – by the President of the Republic of Belarus A.G. Lukashenko;

      from the Republic of Kazakhstan – by the President of the Republic of Kazakhstan N.A. Nazarbayev;

      from the Russian Federation – by the President of the Russian Federation V.V. Putin.

      The original copy is kept in the Eurasian Economic Commission.

      Director of the Legal Department of the Eurasian Economic Commission V.I.Taraskin

О ратификации Договора о Евразийском экономическом союзе

Закон Республики Казахстан от 14 октября 2014 года № 240-V ЗРК.

      Вниманию пользователей!
      Для удобства пользования документом РЦПИ создано ОГЛАВЛЕНИЕ
      Примечание РЦПИ!
      Порядок введения в действие настоящего Закона см. ст. 113
      Примечание ИЗПИ!
      В закон предусмотрены изменения Законом РК от 15.09.2021 № 64-VII ЗРК.

      Ратифицировать Договор о Евразийском экономическом союзе, совершенный в Астане 29 мая 2014 года.

     
      Президент
Республики Казахстан 		Н. НАЗАРБАЕВ

Договор о Евразийском экономическом союзе
Вступил в силу 29 мая 2014 года -
Бюллетень международных договоров РК 2015 г., № 2, ст. 11

      Республика Беларусь, Республика Казахстан и Российская Федерация, далее именуемые Сторонами,

      основываясь на Декларации о евразийской экономической интеграции от 18 ноября 2011 года,

      руководствуясь принципом суверенного равенства государств, необходимостью безусловного соблюдения принципа верховенства конституционных прав и свобод человека и гражданина,

      желая укрепить солидарность и углубить сотрудничество между своими народами при уважении их истории, культуры и традиций,

      выражая убежденность в том, что дальнейшее развитие евразийской экономической интеграции отвечает национальным интересам Сторон,

      движимые стремлением укрепить экономики государств - членов Евразийского экономического союза и обеспечить их гармоничное развитие и сближение, а также гарантировать устойчивый рост деловой активности, сбалансированную торговлю и добросовестную конкуренцию,

      обеспечивая экономический прогресс путем совместных действий, направленных на решение стоящих перед государствами - членами Евразийского экономического союза общих задач по устойчивому экономическому развитию, всесторонней модернизации и усилению конкурентоспособности национальных экономик в рамках глобальной экономики,

      подтверждая стремление к дальнейшему укреплению экономического взаимовыгодного и равноправного сотрудничества с другими странами, а также международными интеграционными объединениями и международными организациями,

      принимая во внимание нормы, правила и принципы Всемирной торговой организации,

      подтверждая свою приверженность целям и принципам Устава Организации Объединенных Наций, а также другим общепризнанным принципам и нормам международного права,

      договорились о нижеследующем.

ЧАСТЬ ПЕРВАЯ
УЧРЕЖДЕНИЕ ЕВРАЗИЙСКОГО ЭКОНОМИЧЕСКОГО СОЮЗА
Раздел I
ОБЩИЕ ПОЛОЖЕНИЯ

Статья 1 Учреждение Евразийского экономического союза. Правосубъектность

      1. Настоящим Договором Стороны учреждают Евразийский экономический союз (далее - Союз, ЕАЭС), в рамках которого обеспечивается свобода движения товаров, услуг, капитала и рабочей силы, проведение скоординированной, согласованной или единой политики в отраслях экономики, определенных настоящим Договором и международными договорами в рамках Союза.

      2. Союз является международной организацией региональной экономической интеграции, обладающей международной правосубъектностью.

      Статья 2 Определения

      Для целей настоящего Договора используются понятия, которые означают следующее:

      "гармонизация законодательства" - сближение законодательства государств-членов, направленное на установление сходного (сопоставимого) нормативного правового регулирования в отдельных сферах;

      "государства-члены" - государства, являющиеся членами Союза и Сторонами настоящего Договора;

      "должностные лица" - граждане государств-членов, назначенные на должности директоров департаментов Евразийской экономической комиссии и заместителей директоров департаментов Комиссии, а также руководителя Секретариата Суда Союза, заместителей руководителя Секретариата Суда Союза и советников судей Суда Союза;

      "единое экономическое пространство" - пространство, состоящее из территорий государств-членов, на котором функционируют сходные (сопоставимые) и однотипные механизмы регулирования экономики, основанные на рыночных принципах и применении гармонизированных или унифицированных правовых норм, и существует единая инфраструктура;

      "единая политика" - политика, осуществляемая государствами-членами в определенных ими сферах, предусмотренных настоящим Договором, предполагающая применение государствами-членами унифицированного правового регулирования, в том числе на основе решений органов Союза в рамках их полномочий;

      "международные договоры в рамках Союза" - международные договоры, заключаемые между государствами-членами по вопросам, связанным с функционированием и развитием Союза;

      "международные договоры Союза с третьей стороной" - международные договоры, заключаемые с третьими государствами, их интеграционными объединениями и международными организациями;

      "общий (единый) рынок" - совокупность экономических отношений в рамках Союза, при которых обеспечивается свобода перемещения товаров, услуг, капитала и рабочей силы;

      "распоряжение" - акт, принимаемый органами Союза, имеющий организационно-распорядительный характер;

      "решение" - акт, принимаемый органами Союза, содержащий положения нормативно-правового характера;

      "скоординированная политика" - политика, предполагающая осуществление сотрудничества государств-членов на основе общих подходов, одобренных в рамках органов Союза, необходимых для достижения целей Союза, предусмотренных настоящим Договором;

      "согласованная политика" - политика, осуществляемая государствами-членами в различных сферах, предполагающая гармонизацию правового регулирования, в том числе на основе решений органов Союза, в такой степени, которая необходима для достижения целей Союза, предусмотренных настоящим Договором;

      "сотрудники" - граждане государств-членов, работающие в органах Союза на основе заключаемых с ними трудовых договоров (контрактов) и не являющиеся должностными лицами;

      "таможенный союз" - форма торгово-экономической интеграции государств-членов, предусматривающая единую таможенную территорию, в пределах которой во взаимной торговле не применяются таможенные пошлины (иные пошлины, налоги и сборы, имеющие эквивалентное действие), меры нетарифного регулирования, специальные защитные, антидемпинговые и компенсационные меры, действуют Единый таможенный тариф Евразийского экономического союза и единые меры регулирования внешней торговли товарами с третьей стороной;

      "третья сторона" - государство, не являющееся членом Союза, международная организация или международное интеграционное объединение;

      "унификация законодательства" - сближение законодательства государств-членов, направленное на установление идентичных механизмов правового регулирования в отдельных сферах, определенных настоящим Договором.

      Иные понятия, используемые в настоящем Договоре, понимаются в значениях, приведенных в соответствующих разделах настоящего Договора и приложениях к нему.

Раздел II
ОСНОВНЫЕ ПРИНЦИПЫ, ЦЕЛИ,
КОМПЕТЕНЦИЯ И ПРАВО СОЮЗА

Статья 3 Основные принципы функционирования Союза

      Союз осуществляет свою деятельность в пределах компетенции, предоставляемой ему государствами-членами в соответствии с настоящим Договором, на основе следующих принципов:

      уважение общепризнанных принципов международного права, включая принципы суверенного равенства государств-членов и их территориальной целостности;

      уважение особенностей политического устройства государств-членов;

      обеспечение взаимовыгодного сотрудничества, равноправия и учета национальных интересов Сторон;

      соблюдение принципов рыночной экономики и добросовестной конкуренции;

      функционирование таможенного союза без изъятий и ограничений после окончания переходных периодов.

      Государства-члены создают благоприятные условия для выполнения Союзом его функций и воздерживаются от мер, способных поставить под угрозу достижение целей Союза.

      Статья 4 Основные цели Союза

      Основными целями Союза являются:

      создание условий для стабильного развития экономик государств-членов в интересах повышения жизненного уровня их населения;

      стремление к формированию единого рынка товаров, услуг, капитала и трудовых ресурсов в рамках Союза;

      всесторонняя модернизация, кооперация и повышение конкурентоспособности национальных экономик в условиях глобальной экономики.

      Статья 5 Компетенция

      1. Союз наделяется компетенцией в пределах и объемах, установленных настоящим Договором и международными договорами в рамках Союза.

      2. Государства-члены осуществляют скоординированную или согласованную политику в пределах и объемах, установленных настоящим Договором и международными договорами в рамках Союза.

      3. В иных сферах экономики государства-члены стремятся к осуществлению скоординированной или согласованной политики в соответствии с основными принципами и целями Союза.

      Для этого решением Высшего Евразийского экономического совета могут создаваться вспомогательные органы (советы руководителей государственных органов Сторон, рабочие группы, специальные комиссии) по соответствующим направлениям и (или) даваться поручения Евразийской экономической комиссии по координации взаимодействия Сторон в соответствующих сферах.

      Статья 6 Право Союза

      1. Право Союза составляют:

      настоящий Договор;

      международные договоры в рамках Союза;

      международные договоры Союза с третьей стороной;

      решения и распоряжения Высшего Евразийского экономического совета, Евразийского межправительственного совета и Евразийской экономической комиссии, принятые в рамках их полномочий, предусмотренных настоящим Договором и международными договорами в рамках Союза.

      Решения Высшего Евразийского экономического совета и Евразийского межправительственного совета подлежат исполнению государствами-членами в порядке, предусмотренном их национальным законодательством.

      2. Международные договоры Союза с третьей стороной не должны противоречить основным целям, принципам и правилам функционирования Союза.

      3. В случае возникновения противоречий между международными договорами в рамках Союза и настоящим Договором приоритет имеет настоящий Договор.

      Решения и распоряжения органов Союза не должны противоречить настоящему Договору и международным договорам в рамках Союза.

      4. В случае возникновения противоречий между решениями Высшего Евразийского экономического совета, Евразийского межправительственного совета и Евразийской экономической комиссии:

      решения Высшего Евразийского экономического совета имеют приоритет над решениями Евразийского межправительственного совета и Евразийской экономической комиссии;

      решения Евразийского межправительственного совета имеют приоритет над решениями Евразийской экономической комиссии.

      Статья 7 Международная деятельность Союза

      1. Союз имеет право осуществлять в пределах своей компетенции международную деятельность, направленную на решение задач, стоящих перед Союзом. В рамках такой деятельности Союз имеет право осуществлять международное сотрудничество с государствами, международными организациями и международными интеграционными объединениями и самостоятельно либо совместно с государствами-членами заключать с ними международные договоры по вопросам, отнесенным к его компетенции.

      Порядок осуществления Союзом международного сотрудничества устанавливается решением Высшего Евразийского экономического совета. Вопросы заключения международных договоров Союза с третьей стороной определяются международным договором в рамках Союза.

      2. Проведение переговоров по проектам международных договоров Союза с третьей стороной, а также их подписание осуществляются на основании решения Высшего Евразийского экономического совета после выполнения государствами-членами соответствующих внутригосударственных процедур.

      Решение о выражении согласия Союза на обязательность для него международного договора Союза с третьей стороной, прекращении, приостановлении или о выходе из международного договора принимается Высшим Евразийским экономическим советом после выполнения всеми государствами-членами необходимых внутригосударственных процедур.

Раздел III
ОРГАНЫ СОЮЗА

Статья 8 Органы Союза

      1. Органами Союза являются:

      Высший Евразийский экономический совет (далее - Высший совет);

      Евразийский межправительственный совет (далее - Межправительственный совет);

      Евразийская экономическая комиссия (далее - Комиссия, ЕЭК);

      Суд Евразийского экономического союза (далее - Суд Союза).

      2. Органы Союза действуют в пределах полномочий, которые предоставлены им настоящим Договором и международными договорами в рамках Союза.

      3. Органы Союза действуют на основе принципов, указанных в статье 3 настоящего Договора.

      4. Председательство в Высшем совете, Межправительственном совете и Совете Комиссии осуществляется на ротационной основе в порядке русского алфавита одним государством-членом в течение одного календарного года без права продления.

      5. Условия пребывания органов Союза на территориях государств-членов определяются отдельными международными договорами между Союзом и государствами пребывания.

      Статья 9 Занятие должностей в структурных подразделениях постоянно действующих органов Союза

      1. Право на занятие должностей в структурных подразделениях постоянно действующих органов Союза имеют граждане государств-членов, обладающие соответствующим профильным образованием и опытом работы.

      2. Должностные лица департамента Комиссии не могут быть гражданами одного и того же государства. Отбор кандидатов на занятие указанных должностей производится конкурсной комиссией ЕЭК с учетом принципа равной представленности Сторон. Кандидатуры для участия в конкурсе на занятие указанных должностей представляются членом Совета Комиссии от соответствующей Стороны.

      3. Отбор кандидатов на занятие других должностей в департаментах Комиссии осуществляется ЕЭК на конкурсной основе с учетом долевого участия Сторон в финансировании Комиссии.

      4. В состав конкурсной комиссии ЕЭК по отбору кандидатов на занятие должностей, указанных в пункте 2 настоящей статьи, входят все члены Коллегии Комиссии, за исключением Председателя Коллегии Комиссии.

      Конкурсная комиссия ЕЭК принимает свои решения в виде рекомендаций большинством голосов и представляет их Председателю Коллегии Комиссии на утверждение. Если Председателем Коллегии Комиссии в отношении конкретного кандидата принимается решение, входящее в противоречие с рекомендацией конкурсной комиссии ЕЭК, вопрос выносится Председателем Коллегии Комиссии на рассмотрение Совета Комиссии для принятия окончательного решения.

      Положение о конкурсной комиссии ЕЭК (включая правила проведения конкурса), ее состав, а также квалификационные требования к кандидатам на занятие должностей директоров и заместителей директоров департаментов Комиссии утверждаются Советом Комиссии.

      5. Порядок отбора кандидатов и назначение на должности в Аппарате Суда Союза производятся в соответствии с документами, регулирующими деятельность Суда Союза.

      Статья 10 Высший совет

      1. Высший совет является высшим органом Союза.

      2. В состав Высшего совета входят главы государств-членов либо главы правительств государств-членов, если в соответствии с законодательством своего государства они наделены полномочиями принимать решения по вопросам, входящим в компетенцию Высшего совета.

      Сноска. Статья 10 с изменением, внесенным Законом РК от 08.02.2019 № 223-VI.

      Статья 11 Порядок работы Высшего совета

      1. Заседания Высшего совета проводятся не реже 1 раза в год.

      Для решения неотложных вопросов деятельности Союза по инициативе любого из государств-членов или Председателя Высшего совета могут созываться внеочередные заседания Высшего совета.

      2. Заседания Высшего совета проводятся под руководством Председателя Высшего совета.

      Председатель Высшего совета:

      ведет заседания Высшего совета;

      организует работу Высшего совета;

      осуществляет общее руководство подготовкой вопросов, представляемых на рассмотрение Высшего совета.

      В случае досрочного прекращения полномочий Председателя Высшего совета новый член Высшего совета от председательствующего государства-члена осуществляет полномочия Председателя Высшего совета в течение оставшегося срока.

      3. В заседаниях Высшего совета по приглашению Председателя Высшего совета могут участвовать члены Совета Комиссии, Председатель Коллегии Комиссии и иные приглашенные лица.

      Список участников и формат заседаний Высшего совета определяются Председателем Высшего совета по согласованию с членами Высшего совета.

      Повестка дня заседаний Высшего совета формируется Комиссией на основе предложений государств-членов.

      Вопрос о присутствии аккредитованных представителей средств массовой информации на заседаниях Высшего совета решается Председателем Высшего совета.

      4. Порядок организации проведения заседаний Высшего совета утверждается Высшим советом.

      5. Организационное, информационное и материально-техническое обеспечение подготовки и проведения заседаний Высшего совета осуществляется Комиссией при содействии принимающего государства-члена. Финансовое обеспечение проведения заседаний Высшего совета осуществляется за счет средств бюджета Союза.

      Статья 12 Полномочия Высшего совета

      1. Высший совет рассматривает принципиальные вопросы деятельности Союза, определяет стратегию, направления и перспективы развития интеграции и принимает решения, направленные на реализацию целей Союза.

      2. Высший совет осуществляет следующие основные полномочия:

      1) определяет стратегию, направления и перспективы формирования и развития Союза и принимает решения, направленные на реализацию целей Союза;

      2) утверждает состав Коллегии Комиссии, распределяет обязанности между членами Коллегии Комиссии и прекращает их полномочия;

      3) назначает Председателя Коллегии Комиссии и принимает решение о досрочном прекращении его полномочий;

      4) назначает по представлению государств-членов судей Суда Союза;

      5) утверждает Регламент работы Евразийской экономической комиссии;

      6) утверждает бюджет Союза, Положение о бюджете Евразийского экономического союза и отчет об исполнении бюджета Союза;

      7) определяет размеры (шкалу) долевых взносов государств-членов в бюджет Союза;

      8) рассматривает по предложению государства-члена вопросы, касающиеся отмены или изменения решений, принятых Межправительственным советом или Комиссией с учетом положений пункта 7 статьи 16;

      9) рассматривает по предложению Межправительственного совета или Комиссии вопросы, по которым при принятии решения не был достигнут консенсус;

      10) обращается с запросами к Суду Союза;

      11) утверждает порядок проверки достоверности и полноты сведений о доходах, имуществе и обязательствах имущественного характера судей Суда Союза, должностных лиц и сотрудников Аппарата Суда Союза, а также членов их семей;

      12) определяет порядок принятия в Союз новых членов и прекращения членства в Союзе;

      13) принимает решение о предоставлении или об аннулировании статуса наблюдателя или статуса государства-кандидата на вступление в Союз;

      14) утверждает Порядок осуществления Евразийским экономическим союзом международного сотрудничества;

      15) принимает решения о переговорах с третьей стороной от имени Союза, в том числе о заключении с ней международных договоров Союза и наделении правом вести переговоры, а также о выражении согласия Союза на обязательность для него международного договора с третьей стороной, прекращении, приостановлении или о выходе из международного договора;

      16) утверждает общую штатную численность органов Союза, параметры представленности должностных лиц из числа граждан государств-членов в органах Союза, направляемых по представлению государств-членов на конкурсной основе;

      17) утверждает порядок оплаты труда членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников органов Союза;

      18) утверждает Положение о внешнем аудите (контроле) в органах Евразийского экономического союза;

      19) рассматривает результаты проведенного внешнего аудита (контроля) в органах Союза;

      20) утверждает символику Союза;

      21) дает поручения Межправительственному совету и Комиссии;

      22) принимает решения о создании вспомогательных органов по соответствующим направлениям;

      23) осуществляет иные полномочия, предусмотренные настоящим Договором и международными договорами в рамках Союза.

      Статья 13 Решения и распоряжения Высшего совета

      1. Высший совет принимает решения и распоряжения.

      2. Решения и распоряжения Высшего совета принимаются консенсусом.

      Решения Высшего совета, связанные с прекращением членства государства-члена в Союзе, принимаются по принципу "консенсус минус голос государства-члена, уведомившего о своем намерении прекратить свое членство в Союзе".

      Статья 14 Межправительственный совет

      Межправительственный совет является органом Союза, состоящим из глав правительств государств-членов.

      Статья 15 Порядок работы Межправительственного совета

      1. Заседания Межправительственного совета проводятся по мере необходимости, но не реже 2 раз в год.

      Для решения неотложных вопросов деятельности Союза по инициативе любого из государств-членов или Председателя Межправительственного совета могут созываться внеочередные заседания Межправительственного совета.

      2. Заседания Межправительственного совета проводятся под руководством Председателя Межправительственного совета.

      Председатель Межправительственного совета:

      ведет заседания Межправительственного совета;

      организует работу Межправительственного совета;

      осуществляет общее руководство подготовкой вопросов, представляемых на рассмотрение Межправительственного совета.

      В случае досрочного прекращения полномочий Председателя Межправительственного совета новый член Межправительственного совета от председательствующего государства-члена осуществляет полномочия Председателя Межправительственного совета в течение оставшегося срока.

      3. В заседаниях Межправительственного совета по приглашению Председателя Межправительственного совета могут участвовать члены Совета Комиссии, Председатель Коллегии Комиссии и иные приглашенные лица.

      Список участников и формат заседаний Межправительственного совета определяются Председателем Межправительственного совета по согласованию с членами Межправительственного совета.

      Повестка дня заседаний Межправительственного совета формируется Комиссией на основе предложений государств-членов.

      Вопрос о присутствии аккредитованных представителей средств массовой информации на заседаниях Межправительственного совета решается Председателем Межправительственного совета.

      4. Порядок организации проведения заседаний Межправительственного совета утверждается Межправительственным советом.

      5. Организационное, информационное и материально-техническое обеспечение подготовки и проведения заседаний Межправительственного совета осуществляется Комиссией при содействии принимающего государства-члена. Финансовое обеспечение проведения заседаний Межправительственного совета осуществляется за счет средств бюджета Союза.

      Статья 16 Полномочия Межправительственного совета

      Межправительственный совет осуществляет следующие основные полномочия:

      1) обеспечивает реализацию и контроль за исполнением настоящего Договора, международных договоров в рамках Союза и решений Высшего совета;

      2) рассматривает по предложению Совета Комиссии вопросы, по которым при принятии решения в Совете Комиссии не достигнут консенсус;

      3) дает поручения Комиссии;

      4) представляет Высшему совету кандидатуры членов Совета и членов Коллегии Комиссии;

      5) одобряет проекты бюджета Союза, Положения о бюджете Евразийского экономического союза и отчета об исполнении бюджета Союза;

      6) утверждает Положение о ревизии финансово-хозяйственной деятельности органов Евразийского экономического союза, стандарты и методологию ревизий финансово-хозяйственной деятельности органов Союза, принимает решения о проведении ревизий финансово-хозяйственной деятельности органов Союза и определяет сроки их проведения;

      7) рассматривает по предложению государства-члена вопросы, касающиеся отмены или изменения принятых решений Комиссии, либо, в случае недостижения согласия, вносит их на рассмотрение Высшего совета;

      8) принимает решение о приостановлении действия решений Совета или Коллегии Комиссии;

      9) утверждает порядок проверки достоверности и полноты сведений о доходах, имуществе и обязательствах имущественного характера членов Коллегии Комиссии, должностных лиц и сотрудников Комиссии, а также членов их семей;

      10) осуществляет иные полномочия, предусмотренные настоящим Договором и международными договорами в рамках Союза.

      Статья 17 Решения и распоряжения Межправительственного совета

      1. Межправительственный совет принимает решения и распоряжения.

      2. Решения и распоряжения Межправительственного совета принимаются консенсусом.

      Статья 18 Комиссия

      1. Комиссия является постоянно действующим регулирующим органом Союза. Комиссия состоит из Совета и Коллегии.

      2. Комиссия принимает решения, распоряжения и рекомендации.

      Решения, распоряжения и рекомендации Совета Комиссии принимаются консенсусом.

      Решения, распоряжения и рекомендации Коллегии Комиссии принимаются квалифицированным большинством или консенсусом.

      Высший совет определяет перечень чувствительных вопросов, по которым решения Коллегии Комиссии принимаются консенсусом.

      При этом квалифицированное большинство составляет две трети голосов от общего числа членов Коллегии Комиссии.

      3. Статус, задачи, состав, функции, полномочия и порядок работы Комиссии определяются согласно приложению № 1 к настоящему Договору.

      4. Местом пребывания Комиссии является город Москва, Российская Федерация.

      Статья 19 Суд Союза

      1. Суд Союза является постоянно действующим судебным органом Союза.

      2. Статус, состав, компетенция, порядок функционирования и формирования Суда Союза определяются Статутом Суда Евразийского экономического союза согласно приложению № 2 к настоящему Договору.

      3. Местом пребывания Суда Союза является город Минск, Республика Беларусь.

Раздел IV
БЮДЖЕТ СОЮЗА

Статья 20 Бюджет Союза

      1. Финансирование деятельности органов Союза осуществляется за счет средств бюджета Союза, формируемого в порядке, определенном Положением о бюджете Евразийского экономического союза.

      Бюджет Союза на очередной финансовый год формируется в российских рублях за счет долевых взносов государств-членов. Размеры (шкала) долевых взносов государств-членов в бюджет Союза устанавливаются Высшим советом.

      Бюджет Союза должен быть сбалансирован в доходах и расходах. Финансовый год начинается 1 января и заканчивается 31 декабря.

      2. Бюджет Союза и Положение о бюджете Евразийского экономического союза утверждаются Высшим советом.

      Внесение изменений в бюджет Союза и в Положение о бюджете Евразийского экономического союза осуществляется Высшим советом.

      Статья 21 Ревизия финансово-хозяйственной деятельности органов Союза

      Для осуществления контроля за исполнением бюджета Союза не реже одного раза в 2 года проводится ревизия финансово-хозяйственной деятельности органов Союза.

      По инициативе любого из государств-членов могут проводиться проверки по отдельным вопросам финансово-хозяйственной деятельности органов Союза.

      Ревизии финансово-хозяйственной деятельности органов Союза осуществляются группой ревизоров, состоящей из представителей органов государственного финансового контроля государств-членов.

      Результаты проведенных ревизий финансово-хозяйственной деятельности органов Союза вносятся в установленном порядке на рассмотрение Межправительственного совета.

      Статья 22 Внешний аудит (контроль)

      В целях определения эффективности формирования, управления и распоряжения средствами бюджета Союза, эффективности использования имущества и других активов Союза проводится внешний аудит (контроль). Внешний аудит (контроль) осуществляется группой инспекторов, сформированной из представителей высших органов государственного финансового контроля государств-членов. Стандарты и методология внешнего аудита (контроля) совместно определяются высшими органами государственного финансового контроля государств-членов.

      Результаты проведенного внешнего аудита (контроля) в органах Союза вносятся в установленном порядке на рассмотрение Высшего совета.

ЧАСТЬ ВТОРАЯ
ТАМОЖЕННЫЙ СОЮЗ
Раздел V
ИНФОРМАЦИОННОЕ ВЗАИМОДЕЙСТВИЕ И СТАТИСТИКА

Статья 23 Информационное взаимодействие в рамках Союза

      1. В целях информационного обеспечения интеграционных процессов во всех сферах, затрагивающих функционирование Союза, разрабатываются и реализуются мероприятия, направленные на обеспечение информационного взаимодействия с использованием информационно-коммуникационных технологий и трансграничного пространства доверия в рамках Союза.

      2. Информационное взаимодействие при реализации общих процессов в рамках Союза осуществляется с использованием интегрированной информационной системы Союза, обеспечивающей интеграцию территориально распределенных государственных информационных ресурсов и информационных систем уполномоченных органов, а также информационных ресурсов и информационных систем Комиссии.

      3. Для обеспечения эффективного взаимодействия и координации государственных информационных ресурсов и информационных систем государства-члены проводят согласованную политику в области информатизации и информационных технологий.

      4. При использовании программно-технических средств и информационных технологий государства-члены обеспечивают охрану интеллектуальной собственности, используемой или полученной в процессе взаимодействия.

      5. Основополагающие принципы информационного взаимодействия и координации его осуществления в рамках Союза, а также порядок создания и развития интегрированной информационной системы определяются согласно приложению № 3 к настоящему Договору.

      Статья 24 Официальная статистическая информация Союза

      1. В целях эффективного функционирования и развития Союза формируется официальная статистическая информация Союза.

      2. Формирование официальной статистической информации Союза осуществляется в соответствии со следующими принципами:

      1) профессиональная независимость;

      2) научная обоснованность и сопоставимость;

      3) полнота и достоверность;

      4) актуальность и своевременность;

      5) открытость и общедоступность;

      6) эффективность затрат;

      7) статистическая конфиденциальность.

      3. Порядок формирования и распространения официальной статистической информации Союза определяется согласно приложению № 4 к настоящему Договору.

Раздел VI
ФУНКЦИОНИРОВАНИЕ ТАМОЖЕННОГО СОЮЗА

Статья 25 Принципы функционирования таможенного союза

      1. В рамках таможенного союза государств-членов:

      1) функционирует внутренний рынок товаров;

      2) применяются Единый таможенный тариф Евразийского экономического союза и иные единые меры регулирования внешней торговли товарами с третьими сторонами;

      3) действует единый режим торговли товарами в отношениях с третьими сторонами;

      4) осуществляется единое таможенное регулирование;

      5) осуществляется свободное перемещение товаров между территориями государств-членов без применения таможенного декларирования и государственного контроля (транспортного, санитарно- эпидемиологического, ветеринарного, карантинного фитосанитарного), за исключением случаев, предусмотренных настоящим Договором.

      2. Для целей настоящего Договора, используются понятия, которые означают следующее:

      "ввозная таможенная пошлина" - обязательный платеж, взимаемый таможенными органами государств-членов в связи с ввозом товаров на таможенную территорию Союза;

      "единая Товарная номенклатура внешнеэкономической деятельности Евразийского экономического союза" (ТН ВЭД ЕАЭС) - Товарная номенклатура внешнеэкономической деятельности, основанная на Гармонизированной системе описания и кодирования товаров Всемирной таможенной организации и единой Товарной номенклатуре внешнеэкономической деятельности Содружества Независимых Государств;

      "Единый таможенный тариф Евразийского экономического союза" (ЕТТ ЕАЭС) - свод ставок таможенных пошлин, применяемых к товарам, ввозимым (ввезенным) на таможенную территорию Союза из третьих стран, систематизированный в соответствии с единой Товарной номенклатурой внешнеэкономической деятельности Евразийского экономического союза;

      "тарифная преференция" - освобождение от уплаты ввозных таможенных пошлин или снижение ставок ввозных таможенных пошлин в отношении товаров, происходящих из стран, образующих вместе с Союзом зону свободной торговли, либо снижение ставок ввозных таможенных пошлин в отношении товаров, происходящих из развивающихся стран - пользователей единой системы тарифных преференций Союза и (или) наименее развитых стран - пользователей единой системы тарифных преференций Союза.

      Сноска. Статья 25 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      Статья 26 Зачисление и распределение ввозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное действие)

      Уплаченные (взысканные) ввозные таможенные пошлины подлежат зачислению и распределению между бюджетами государств-членов.

      Зачисление и распределение сумм ввозных таможенных пошлин, их перечисление в доход бюджетов государств-членов осуществляются в порядке согласно приложению № 5 к настоящему Договору.

      Статья 27 Создание и функционирование свободных (специальных, особых) экономических зон и свободных складов

      В целях содействия социально-экономическому развитию государств-членов, привлечения инвестиций, создания и развития производств, основанных на новых технологиях, развития транспортной инфраструктуры, туризма и санаторно-курортной сферы, а также в иных целях на территориях государств-членов создаются и функционируют свободные (специальные, особые) экономические зоны и свободные склады.

      Условия создания и функционирования свободных (специальных, особых) экономических зон и свободных складов определяются международными договорами в рамках Союза.

      Статья 28 Внутренний рынок

      1. Союз принимает меры по обеспечению функционирования внутреннего рынка в соответствии с положениями настоящего Договора.

      2. Внутренний рынок охватывает экономическое пространство, в котором согласно положениям настоящего Договора обеспечивается свободное передвижение товаров, лиц, услуг и капиталов.

      3. В рамках функционирования внутреннего рынка во взаимной торговле товарами государства-члены не применяют ввозные и вывозные таможенные пошлины (иные пошлины, налоги и сборы, имеющие эквивалентное действие), меры нетарифного регулирования, специальные защитные, антидемпинговые и компенсационные меры, за исключением случаев, предусмотренных настоящим Договором.

      Статья 29 Исключения из порядка функционирования внутреннего рынка товаров

      1. Государства-члены во взаимной торговле товарами вправе применять ограничения (при условии, что такие меры не являются средством неоправданной дискриминации или скрытым ограничением торговли) в случае, если такие ограничения необходимы для:

      1) охраны жизни и здоровья человека;

      2) защиты общественной морали и правопорядка;

      3) охраны окружающей среды;

      4) охраны животных и растений;

      41) охраны культурных ценностей;

      5) выполнения международных обязательств;

      6) обеспечения обороны страны и безопасности государства-члена.

      2. По основаниям, указанным в пункте 1 настоящей статьи, на внутреннем рынке могут быть введены также санитарные, ветеринарно-санитарные и карантинные фитосанитарные меры в порядке, определяемом разделом XI настоящего Договора.

      3. По основаниям, указанным в пункте 1 настоящей статьи, оборот отдельных категорий товаров может быть ограничен.

      Порядок перемещения или обращения таких товаров на таможенной территории Союза определяется в соответствии с настоящим Договором, международными договорами в рамках Союза.

      4. Государство-член при введении ограничений во взаимной торговле товарами по основаниям, указанным в пункте 1 настоящей статьи, и их отмене в письменной форме уведомляет об этом Комиссию и другие государства-члены в порядке, утверждаемом Комиссией.

      Сноска. Статья 29 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

Статья 291. Государственный контроль (надзор) на таможенной границе Союза

      1. При пересечении таможенной границы Союза в пунктах пропуска через государственные границы государств-членов и (или) в иных местах, определяемых законодательством государств-членов, в отношении лиц, товаров и транспортных средств осуществляется контроль (надзор) (таможенный, транспортный, санитарно- эпидемиологический, ветеринарный, карантинный фитосанитарный, радиационный и иные виды государственного контроля (надзора)) в соответствии с настоящим Договором, иными международными договорами и актами, входящими в право Союза, и (или) законодательством государств-членов.

      2. Актами Комиссии могут быть установлены типовые требования к оборудованию и материально-техническому оснащению зданий, сооружений, помещений, открытых площадок, необходимых для организации таможенного, транспортного (автомобильного), санитарно- эпидемиологического, ветеринарного, карантинного фитосанитарного, радиационного контроля, осуществляемого в соответствии с настоящим Договором, иными международными договорами и актами, входящими в право Союза, в пунктах пропуска через государственные границы государств-членов и (или) в иных местах, определяемых законодательством государств-членов.

      Сноска. Раздел VI дополнен статьей 291 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

Раздел VII
РЕГУЛИРОВАНИЕ ОБРАЩЕНИЯ ЛЕКАРСТВЕННЫХ СРЕДСТВ
И МЕДИЦИНСКИХ ИЗДЕЛИЙ

Статья 30 Формирование общего рынка лекарственных средств

      1. Государства-члены создают в рамках Союза общий рынок лекарственных средств, соответствующих стандартам надлежащих фармацевтических практик, основанный на следующих принципах:

      1) гармонизация и унификация требований законодательства государств-членов в сфере обращения лекарственных средств;

      2) обеспечение единства обязательных требований к качеству, эффективности и безопасности лекарственных средств, находящихся в обращении на территории Союза;

      3) принятие единых правил в сфере обращения лекарственных средств;

      4) разработка и применение одинаковых или сопоставимых методов исследования и контроля при оценке качества, эффективности и безопасности лекарственных средств;

      5) гармонизация законодательства государств-членов в области контроля (надзора) в сфере обращения лекарственных средств;

      6) реализация разрешительных и контрольно-надзорных функций в сфере обращения лекарственных средств соответствующими уполномоченными органами государств-членов.

      2. Функционирование общего рынка лекарственных средств в рамках Союза осуществляется в соответствии с международным договором в рамках Союза с учетом положений статьи 100 настоящего Договора.

      Статья 31 Формирование общего рынка медицинских изделий (изделий медицинского назначения и медицинской техники)

      1. Государства-члены создают в рамках Союза общий рынок медицинских изделий (изделий медицинского назначения и медицинской техники), основанный на следующих принципах:

      1) гармонизация требований законодательства государств-членов в сфере обращения медицинских изделий (изделий медицинского назначения и медицинской техники);

      2) обеспечение единства обязательных требований к эффективности и безопасности медицинских изделий (изделий медицинского назначения и медицинской техники), находящихся в обращении на территории Союза;

      3) принятие единых правил в сфере обращения медицинских изделий (изделий медицинского назначения и медицинской техники);

      4) определение единых подходов к созданию системы обеспечения качества медицинских изделий (изделий медицинского назначения и медицинской техники);

      5) гармонизация законодательства государств-членов в области контроля (надзора) в сфере обращения медицинских изделий (изделий медицинского назначения и медицинской техники).

      2. Функционирование общего рынка медицинских изделий (изделий медицинского назначения и медицинской техники) в рамках Союза осуществляется в соответствии с международным договором в рамках Союза с учетом положений статьи 100 настоящего Договора.

Раздел VIII
ТАМОЖЕННОЕ РЕГУЛИРОВАНИЕ

Статья 32 Таможенное регулирование в Союзе

      В Союзе осуществляется единое таможенное регулирование в соответствии с Таможенным кодексом Евразийского экономического союза и регулирующими таможенные правоотношения международными договорами и актами, составляющими право Союза, а также в соответствии с положениями настоящего Договора.

Раздел IX
ВНЕШНЕТОРГОВАЯ ПОЛИТИКА
1. Общие положения о внешнеторговой политике

Статья 33 Цели и принципы внешнеторговой политики Союза

      1. Внешнеторговая политика Союза направлена на содействие устойчивому экономическому развитию государств-членов, диверсификации экономик, инновационному развитию, повышению объемов и улучшению структуры торговли и инвестиций, ускорению интеграционных процессов, а также дальнейшее развитие Союза как эффективной и конкурентоспособной организации в рамках глобальной экономики.

      2. Основными принципами осуществления внешнеторговой политики Союза являются:

      применение мер и механизмов осуществления внешнеторговой политики Союза, являющихся не более обременительными для участников внешнеторговой деятельности государств-членов, чем необходимо для обеспечения эффективного достижения целей Союза;

      гласность в разработке, принятии и применении мер и механизмов осуществления внешнеторговой политики Союза;

      обоснованность и объективность применения мер и механизмов осуществления внешнеторговой политики Союза;

      защита прав и законных интересов участников внешнеторговой деятельности государств-членов, а также прав и законных интересов производителей и потребителей товаров и услуг;

      соблюдение прав участников внешнеторговой деятельности.

      3. Внешнеторговая политика реализуется через заключение Союзом самостоятельно либо совместно с государствами-членами в сферах, в которых органы Союза принимают обязательные для государств-членов решения, международных договоров с третьей стороной, участие в международных организациях либо автономное применение мер и механизмов внешнеторговой политики.

      Союз несет ответственность за выполнение обязательств по заключаемым им международным договорам и реализует свои права по этим договорам.

      Статья 34 Режим наибольшего благоприятствования

      В отношении внешней торговли товарами применяется режим наибольшего благоприятствования в понимании Генерального соглашения по тарифам и торговле 1994 года (ГАТТ 1994) в тех случаях и на условиях, когда применение режима наибольшего благоприятствования предусмотрено международными договорами Союза с третьей стороной, а также международными договорами государств-членов с третьей стороной.

      Статья 35 Режим свободной торговли

      Режим свободной торговли товарами в понимании ГАТТ 1994 устанавливается в торговле с третьей стороной на основании международного договора Союза с такой третьей стороной с учетом положений статьи 102 настоящего Договора.

      Международный договор Союза с третьей стороной, устанавливающий режим свободной торговли, может включать иные положения, связанные с внешнеторговой деятельностью.

      Статья 36 Тарифные преференции в отношении товаров, происходящих из развивающихся стран и (или) наименее развитых стран

      1. В целях содействия экономическому развитию развивающихся и наименее развитых стран Союз в соответствии с настоящим Договором может предоставлять тарифные преференции в отношении товаров, происходящих из развивающихся стран - пользователей единой системы тарифных преференций Союза и (или) наименее развитых стран - пользователей единой системы тарифных преференций Союза.

      2. В отношении ввозимых на таможенную территорию Союза преференциальных товаров, происходящих из развивающихся стран - пользователей единой системы тарифных преференций Союза, применяются ставки ввозных таможенных пошлин в размере 75 процентов от ставок ввозных таможенных пошлин Единого таможенного тарифа Евразийского экономического союза.

      3. В отношении ввозимых на таможенную территорию Союза преференциальных товаров, происходящих из наименее развитых стран - пользователей единой системы тарифных преференций Союза, применяются нулевые ставки ввозных таможенных пошлин Единого таможенного тарифа Евразийского экономического союза.

      Статья 37 Правила определения происхождения товаров

      1. На таможенной территории Союза применяются единые правила определения происхождения товаров, ввозимых на таможенную территорию Союза.

      2. Для целей применения мер таможенно-тарифного регулирования (за исключением целей предоставления тарифных преференций), применения мер нетарифного регулирования и защиты внутреннего рынка, установления требований к маркировке происхождения товаров, осуществления государственных (муниципальных) закупок, ведения статистики внешней торговли товарами применяются правила определения происхождения товаров, ввозимых на таможенную территорию Союза (непреференциальные правила определения происхождения товаров), устанавливаемые Комиссией.

      3. Для целей предоставления тарифных преференций в отношении товаров, ввозимых на таможенную территорию Союза из развивающихся или из наименее развитых стран - пользователей единой системы тарифных преференций Союза, применяются правила определения происхождения товаров из развивающихся и наименее развитых стран, устанавливаемые Комиссией.

      4. Для целей предоставления тарифных преференций в отношении товаров, ввозимых на таможенную территорию Союза из государств, в торгово-экономических отношениях с которыми Союзом применяется режим свободной торговли, применяются правила определения происхождения товаров, установленные соответствующим международным договором Союза с третьей стороной, предусматривающим применение режима свободной торговли.

      5. В случае если международным договором Союза с третьей стороной, предусматривающим применение режима свободной торговли, не установлены правила определения происхождения товаров или они не приняты на момент вступления в силу такого договора, в отношении ввозимых на таможенную территорию Союза товаров, происходящих из этой страны, до момента принятия соответствующих правил определения происхождения товаров применяются правила определения происхождения товаров, предусмотренные пунктом 2 настоящей статьи.

      6. При наличии неоднократных фактов нарушения третьей стороной в области определения (подтверждения) происхождения товаров Комиссией может быть принято решение о проведении таможенными службами государств-членов мониторинга правильности определения (подтверждения) происхождения товаров, ввозимых из конкретной страны. В случае выявления системных нарушений третьей стороной в области определения (подтверждения) происхождения товаров Комиссией может быть принято решение о приостановлении принятия таможенными службами государств-членов документов, подтверждающих происхождение товаров. Положения настоящего пункта не ограничивают полномочия государств-членов в отношении контроля происхождения ввозимых товаров и принятия мер по его результатам.

      Статья 38 Внешняя торговля услугами

      Государства-члены осуществляют координацию в сфере торговли услугами с третьими сторонами.

      Осуществление координации не означает наднациональной компетенции Союза в этой сфере.

      Статья 39 Устранение ограничительных мер в торговле с третьими сторонами

      Комиссия оказывает содействие при доступе на рынки третьих сторон, проводит мониторинг ограничительных мер третьей стороны в отношении государств-членов и в случае применения какой-либо меры третьей стороной в отношении Союза или возникновения торгового спора между Союзом и третьей стороной совместно с государствами-членами проводит консультации с соответствующей третьей стороной.

      Статья 40 Ответные меры в отношении третьей стороны

      1. В случае если в соответствии с международным договором Союза с третьей стороной и (или) государств-членов с третьими сторонами предусмотрена возможность применения ответных мер, решения о введении ответных мер на таможенной территории Союза принимаются Комиссией, в том числе путем повышения уровня ставок ввозных таможенных пошлин, введения количественных ограничений, временного приостановления предоставления преференций или принятия в рамках компетенции Комиссии иных мер, оказывающих влияние на результаты внешней торговли с соответствующим государством.

      2. В случаях, предусмотренных международными договорами государств-членов с третьими сторонами, заключенными до 1 января 2015 года, государства-члены вправе в одностороннем порядке применять в качестве ответных мер повышенные по сравнению с Единым таможенным тарифом Евразийского экономического союза ставки ввозных таможенных пошлин, а также в одностороннем порядке приостанавливать предоставление тарифных преференций при условии, что механизмы администрирования таких ответных мер не нарушают положений настоящего Договора.

      Статья 41 Меры по развитию экспорта

      Союз в соответствии с международными договорами, нормами и правилами Всемирной торговой организации может применять совместные меры по развитию экспорта товаров государств-членов на рынки третьих сторон.

      Совместные меры включают, в частности, страхование и кредитование экспорта, международный лизинг, продвижение понятия "товар Евразийского экономического союза" и введение единой маркировки товаров Союза, выставочно-ярмарочную и экспозиционную деятельность, рекламные и имиджевые мероприятия за рубежом.

2. Таможенно-тарифное регулирование
и нетарифное регулирование

Статья 42 Единый таможенный тариф Евразийского экономического союза

      1. На таможенной территории Союза применяются единая Товарная номенклатура внешнеэкономической деятельности Евразийского экономического союза и Единый таможенный тариф Евразийского экономического союза, утверждаемые Комиссией и являющиеся инструментами торговой политики Союза.

      2. Основными целями применения Единого таможенного тарифа Евразийского экономического союза являются:

      1) обеспечение условий для эффективной интеграции Союза в мировую экономику;

      2) рационализация товарной структуры ввоза товаров на таможенную территорию Союза;

      3) поддержание рационального соотношения вывоза и ввоза товаров на таможенной территории Союза;

      4) создание условий для прогрессивных изменений в структуре производства и потребления товаров в Союзе;

      5) поддержка отраслей экономики Союза.

      3. В Едином таможенном тарифе Евразийского экономического союза применяются следующие виды ставок ввозных таможенных пошлин:

      1) адвалорные, устанавливаемые в процентах от таможенной стоимости облагаемых товаров;

      2) специфические, устанавливаемые в зависимости от физических характеристик в натуральном выражении облагаемых товаров (количества, массы, объема или иных характеристик);

      3) комбинированные, сочетающие оба вида, указанные в подпунктах 1 и 2 настоящего пункта.

      4. Ставки ввозных таможенных пошлин Единого таможенного тарифа Евразийского экономического союза являются едиными и не подлежат изменению в зависимости от лиц, перемещающих товары через таможенную границу Союза, происхождения товаров (в том числе в случаях, когда происхождение товаров неизвестно либо считается неподтвержденным), видов сделок и иных обстоятельств.

      Ставки ввозных таможенных пошлин Единого таможенного тарифа Евразийского экономического союза применяются с учетом положений статей 35, 36 и 40, пункта 6 настоящей статьи и пункт 43 настоящего Договора, международных договоров в рамках Союза и международных договоров Союза с третьей стороной.

      Положения настоящего пункта применяются в том числе в случае, если в отношении внешней торговли товарами не применяется режим наибольшего благоприятствования, предусмотренный статьей 34 настоящего Договора.

      5. Для оперативного регулирования ввоза товаров на таможенную территорию Союза при необходимости могут устанавливаться сезонные таможенные пошлины, срок действия которых не может превышать 6 месяцев в году и которые применяются вместо ввозных таможенных пошлин, предусмотренных Единым таможенным тарифом Евразийского экономического союза.

      6. Государство, присоединившееся к Союзу, вправе применять ставки ввозных таможенных пошлин, отличные от ставок пошлин Единого таможенного тарифа Евразийского экономического союза, в соответствии с перечнем товаров и ставок, утверждаемым Комиссией на основании международного договора о присоединении такого государства к Союзу.

      Государство, присоединившееся к Союзу, обязано обеспечить использование товаров, в отношении которых применены более низкие ставки ввозных таможенных пошлин по сравнению со ставками пошлин Единого таможенного тарифа Евразийского экономического союза, только в пределах своей территории и принять меры по недопущению вывоза таких товаров на территории других государств-членов без доплаты ввозных таможенных пошлин в размере разницы сумм ввозных таможенных пошлин, исчисленных по ставкам пошлин Единого таможенного тарифа Евразийского экономического союза, и сумм ввозных таможенных пошлин, уплаченных при ввозе товаров.

      Сноска. Статья 42 с изменениями, внесенными Законом РК от 15.02.2021 № 6-VII.

      Статья 43 Тарифные льготы

      1. В отношении товаров, ввозимых (ввезенных) на таможенную территорию Союза, могут применяться тарифные льготы в виде освобождения от уплаты ввозной таможенной пошлины или снижения ставки ввозной таможенной пошлины.

      2. Тарифные льготы не могут носить индивидуальный характер и применяются независимо от страны происхождения товаров.

      3. Предоставление тарифных льгот осуществляется согласно приложению № 6 к настоящему Договору.

      Статья 44 Тарифные квоты

      1. В отношении отдельных видов сельскохозяйственных товаров, происходящих из третьих стран и ввозимых на таможенную территорию Союза, допускается установление тарифных квот, если аналогичные товары производятся (добываются, выращиваются) на таможенной территории Союза.

      2. К товарам, указанным в пункте 1 настоящей статьи, ввозимым на таможенную территорию Союза в пределах установленного объема тарифной квоты, применяются соответствующие ставки ввозных таможенных пошлин Единого таможенного тарифа Евразийского экономического союза.

      3. Установление тарифных квот в отношении отдельных видов сельскохозяйственных товаров, происходящих из третьих стран и ввозимых на таможенную территорию Союза, и распределение объемов тарифных квот осуществляются в порядке, предусмотренном приложением № 6 к настоящему Договору.

      Статья 45 Полномочия Комиссии по вопросам таможенно-тарифного регулирования

      1. Комиссия:

      осуществляет ведение единой Товарной номенклатуры внешнеэкономической деятельности Евразийского экономического союза и Единого таможенного тарифа Евразийского экономического союза;

      устанавливает ставки ввозных таможенных пошлин, включая сезонные;

      устанавливает случаи и условия предоставления тарифных льгот;

      определяет порядок применения тарифных льгот;

      определяет условия и порядок применения единой системы тарифных преференций Союза, в том числе утверждает:

      перечень развивающихся стран - пользователей единой системы тарифных преференций Союза;

      перечень наименее развитых стран - пользователей единой системы тарифных преференций Союза;

      перечень товаров, происходящих из развивающихся стран или из наименее развитых стран, в отношении которых при ввозе на таможенную территорию Союза предоставляются тарифные преференции;

      устанавливает тарифные квоты, распределяет объем тарифной квоты между государствами-членами, определяет метод и порядок распределения объема тарифной квоты между участниками внешнеторговой деятельности, а при необходимости распределяет объем тарифной квоты между третьими странами либо принимает акт, в соответствии с которым государства-члены определяют метод и порядок распределения объема тарифной квоты между участниками внешнеторговой деятельности, а при необходимости распределяют объем тарифной квоты между третьими странами.

      2. Перечень чувствительных товаров, в отношении которых решение об изменении ставки ввозной таможенной пошлины принимается Советом Комиссии, утверждается Высшим советом.

      Статья 46 Меры нетарифного регулирования

      1. В торговле с третьими странами Союзом применяются следующие единые меры нетарифного регулирования:

      1) запрет ввоза и (или) вывоза товаров;

      2) количественные ограничения ввоза и (или) вывоза товаров;

      3) исключительное право на экспорт и (или) импорт товаров;

      4) автоматическое лицензирование (наблюдение) экспорта и (или) импорта товаров;

      5) разрешительный порядок ввоза и (или) вывоза товаров.

      2. Меры нетарифного регулирования вводятся и применяются на основе принципов гласности и недискриминации в порядке согласно приложению № 7 к настоящему Договору.

      Статья 47 Введение мер нетарифного регулирования в одностороннем порядке

      Государства-члены в торговле с третьими странами могут в одностороннем порядке вводить и применять меры нетарифного регулирования в порядке, предусмотренном приложением № 7 к настоящему Договору.

3. Меры защиты внутреннего рынка

Статья 48 Общие положения о введении мер защиты внутреннего рынка

      1. Для защиты экономических интересов производителей товаров в Союзе могут вводиться меры защиты внутреннего рынка в отношении товаров, происходящих из третьих стран и ввозимых на таможенную территорию Союза, в виде специальных защитных, антидемпинговых и компенсационных мер, а также в виде иных мер в случаях, предусмотренных статьей 50 настоящего Договора.

      2. Решение о применении специальной защитной, антидемпинговой или компенсационной меры, об изменении или об отмене специальной защитной, антидемпинговой или компенсационной меры либо о неприменении меры принимает Комиссия.

      3. Применение специальных защитных, антидемпинговых и компенсационных мер осуществляется на условиях и в порядке согласно приложению № 8 к настоящему Договору.

      4. Применению специальной защитной, антидемпинговой или компенсационной меры при импорте товара предшествует расследование, проводимое в соответствии с приложением № 8 к настоящему Договору органом, определенным Комиссией в качестве ответственного за проведение расследований (далее - орган, проводящий расследования).

      5. Зачисление и распределение специальных, антидемпинговых, компенсационных пошлин осуществляются в соответствии с приложением № 8 к настоящему Договору.

      Статья 49 Принципы применения специальных защитных, антидемпинговых и компенсационных мер

      1. Специальная защитная мера может быть применена к товару в случае, если по результатам расследования, проведенного органом, проводящим расследования, установлено, что импорт этого товара на таможенную территорию Союза осуществляется в таких возросших количествах (в абсолютных или относительных показателях к общему объему производства в государствах-членах аналогичного или непосредственно конкурирующего товара) и на таких условиях, что это причиняет серьезный ущерб отрасли экономики государств-членов или создает угрозу причинения такого ущерба.

      2. Антидемпинговая мера может быть применена к товару, являющемуся предметом демпингового импорта, в случае если по результатам расследования, проведенного органом, проводящим расследования, установлено, что импорт такого товара на таможенную территорию Союза причиняет материальный ущерб отрасли экономики государств-членов, создает угрозу причинения такого ущерба или существенно замедляет создание отрасли экономики государств-членов.

      3. Компенсационная мера может быть применена к импортированному товару, при производстве, экспорте или транспортировке которого использовалась специфическая субсидия экспортирующей третьей страны, в случае если по результатам расследования, проведенного органом, проводящим расследования, установлено, что импорт такого товара на таможенную территорию Союза причиняет материальный ущерб отрасли экономики государств-членов, создает угрозу причинения такого ущерба или существенно замедляет создание отрасли экономики государств-членов.

      4. Для целей применения мер защиты внутреннего рынка под отраслью экономики государств-членов понимаются все производители аналогичного товара (для целей антидемпингового и компенсационного расследований) либо аналогичного или непосредственно конкурирующего товара (для целей специального защитного расследования) в государствах-членах либо те из них, доля которых в общем объеме производства в государствах-членах соответственно аналогичного товара либо аналогичного или непосредственно конкурирующего товара составляет существенную часть, но не менее 25 процентов.

      Статья 50 Иные меры защиты внутреннего рынка

      Международным договором Союза с третьей стороной об установлении режима свободной торговли в целях устранения негативного воздействия импорта из этой третьей стороны на производителей государств-членов может быть предусмотрено право применения мер защиты внутреннего рынка на двусторонней основе, отличных от специальных защитных, антидемпинговых и компенсационных мер, в том числе в отношении импорта сельскохозяйственных товаров.

      Решение о применении таких мер принимается Комиссией.

Раздел X
ТЕХНИЧЕСКОЕ РЕГУЛИРОВАНИЕ

Статья 51 Общие принципы технического регулирования

      1. Техническое регулирование в рамках Союза осуществляется в соответствии со следующими принципами:

      1) установление обязательных требований к продукции или к продукции и связанным с требованиями к продукции процессам проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации;

      2) установление единых обязательных требований в технических регламентах Союза или национальных обязательных требований в законодательстве государств-членов к продукции, включенной в единый перечень продукции, в отношении которой устанавливаются обязательные требования в рамках Союза (далее - единый перечень);

      3) применение и исполнение технических регламентов Союза в государствах-членах без изъятий;

      4) соответствие технического регулирования в рамках Союза уровню экономического развития государств-членов и уровню научно-технического развития;

      5) независимость органов по аккредитации государств-членов, органов по подтверждению соответствия государств-членов и органов по надзору (контролю) государств-членов от изготовителей, продавцов, исполнителей и приобретателей, в том числе потребителей;

      6) единство правил и методов исследований (испытаний) и измерений при проведении процедур обязательной оценки соответствия;

      7) единство применения требований технических регламентов Союза независимо от видов и (или) особенностей сделок;

      8) недопустимость ограничения конкуренции при осуществлении оценки соответствия;

      9) осуществление государственного контроля (надзора) за соблюдением требований технических регламентов Союза на основе гармонизации законодательства государств-членов;

      10) добровольность применения стандартов;

      11) разработка и применение межгосударственных стандартов;

      12) гармонизация межгосударственных стандартов с международными и региональными стандартами;

      13) единство правил и процедур проведения обязательной оценки соответствия;

      14) обеспечение гармонизации законодательства государств-членов в части установления ответственности за нарушение требований технических регламентов Союза, правил и процедур проведения оценки соответствия;

      15) проведение согласованной политики в области обеспечения единства измерений в рамках Союза;

      16) недопущение установления избыточных барьеров для ведения предпринимательской деятельности;

      17) установление переходных положений в целях поэтапного перехода на новые требования и документы.

      2. Положения настоящего раздела не распространяются на установление и применение санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер.

      3. Порядок, правила и процедуры технического регулирования в рамках Союза устанавливаются согласно приложению № 9 к настоящему Договору.

      4. Согласованная политика в области обеспечения единства измерений в рамках Союза проводится согласно приложению № 10 к настоящему Договору.

      Сноска. Статья 51 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      Статья 52 Технические регламенты Союза и стандарты

      1. В целях защиты жизни и (или) здоровья человека, имущества, окружающей среды, жизни и (или) здоровья животных и растений, предупреждения действий, вводящих в заблуждение потребителей, а также в целях обеспечения энергетической эффективности и ресурсосбережения в рамках Союза принимаются технические регламенты Союза.

      Принятие технических регламентов Союза в иных целях не допускается.

      Порядок разработки, принятия, изменения и отмены технических регламентов Союза утверждается Комиссией.

      Технические регламенты Союза или национальные обязательные требования действуют только в отношении продукции, включенной в утверждаемый Комиссией единый перечень.

      Порядок формирования и ведения единого перечня утверждается Комиссией.

      Государства-члены не допускают установление в своем законодательстве обязательных требований в отношении продукции, не включенной в единый перечень.

      2. Технические регламенты Союза имеют прямое действие на территории Союза.

      Порядок введения в действие принятого технического регламента Союза и переходные положения определяются техническим регламентом Союза и (или) актом Комиссии.

      3. Для выполнения требований технического регламента Союза и оценки соответствия требованиям технического регламента Союза на добровольной основе могут применяться международные, региональные (межгосударственные) стандарты, а в случае их отсутствия (до принятия региональных (межгосударственных) стандартов) - национальные (государственные) стандарты государств-членов.

      Сноска. Статья 52 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      Статья 53 Обращение продукции и действие технических регламентов Союза

      1. Продукция, выпускаемая в обращение на территории Союза, должна быть безопасной.

      Правила и порядок обеспечения безопасности и обращения продукции, требования к которой не установлены техническими регламентами Союза, определяются международным договором в рамках Союза.

      2. Продукция, в отношении которой вступил в силу технический регламент Союза (технические регламенты Союза), выпускается в обращение на территории Союза при условии, что она прошла необходимые процедуры оценки соответствия, установленные техническим регламентом Союза (техническими регламентами Союза).

      Государства-члены обеспечивают обращение продукции, соответствующей требованиям технического регламента Союза (технических регламентов Союза), на своей территории без предъявления дополнительных по отношению к содержащимся в техническом регламенте Союза (технических регламентах Союза) требований к такой продукции и без проведения дополнительных процедур оценки соответствия.

      Положения абзаца второго настоящего пункта не распространяются на применение санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер.

      3. Со дня вступления в силу технического регламента Союза на территориях государств-членов соответствующие обязательные требования к продукции или к продукции и связанным с требованиями к продукции процессам проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации, установленные законодательством государств-членов или актами Комиссии, действуют только в части, определенной переходными положениями, и с даты завершения действия переходных положений, определенных техническим регламентом Союза и (или) актом Комиссии, не применяются для выпуска продукции в обращение, оценки соответствия объектов технического регулирования, государственного контроля (надзора) за соблюдением требований технических регламентов Союза.

      Положения абзаца первого настоящего пункта не распространяются на применение санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер.

      Обязательные требования к продукции или к продукции и связанным с требованиями к продукции процессам проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации, установленные актами Комиссии до дня вступления в силу технического регламента Союза, включаются в технические регламенты Союза.

      4. Государственный контроль (надзор) за соблюдением требований технических регламентов Союза проводится в порядке, установленном законодательством государств-членов.

      Принципы и подходы к гармонизации законодательства государств-членов в сфере государственного контроля (надзора) за соблюдением требований технических регламентов Союза определяются международным договором в рамках Союза.

      5. Ответственность за несоблюдение требований технических регламентов Союза, а также за нарушение процедур проведения оценки соответствия продукции требованиям технических регламентов Союза устанавливается в соответствии с законодательством государств-членов.

      С целью установления сходного (сопоставимого) регулирования общие принципы и подходы в отношении установления в законодательстве государств-членов ответственности за нарушение обязательных требований к продукции, правил и процедур проведения обязательной оценки соответствия определяются Высшим советом.

      Сноска. Статья 53 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      Статья 54 Аккредитация

      1. Аккредитация в рамках Союза осуществляется в соответствии со следующими принципами:

      1) гармонизация правил и подходов в области аккредитации с международными стандартами;

      2) обеспечение добровольности аккредитации, открытости и доступности информации о процедурах, правилах и результатах аккредитации;

      3) обеспечение объективности, беспристрастности и компетентности органов по аккредитации государств-членов;

      4) обеспечение для заявителей на аккредитацию равных условий в отношении аккредитации и обеспечения конфиденциальности информации, полученной при аккредитации;

      5) недопустимость совмещения одним органом государства-члена полномочий по аккредитации с полномочиями по государственному контролю (надзору), за исключением осуществления контроля за деятельностью аккредитованных органов по оценке соответствия государств-членов (в том числе органов по сертификации, испытательных лабораторий (центров));

      6) недопустимость совмещения одним органом государства-члена полномочий по аккредитации и по оценке соответствия.

      2. Аккредитацию органов по оценке соответствия проводят органы по аккредитации государств-членов, уполномоченные в соответствии с законодательством государств-членов на осуществление этой деятельности.

      3. Орган по аккредитации одного государства-члена не должен конкурировать с органами по аккредитации других государств-членов.

      Для недопущения конкуренции органов по аккредитации государств-членов орган по оценке соответствия одного государства-члена обращается в целях аккредитации в орган по аккредитации того государства-члена, на территории которого он зарегистрирован в качестве юридического лица.

      В случае если в орган по аккредитации одного государства-члена в целях аккредитации обращается орган по оценке соответствия, зарегистрированный на территории другого государства-члена в качестве юридического лица, данный орган по аккредитации информирует об этом орган по аккредитации того государства-члена, на территории которого зарегистрирован орган по оценке соответствия. В указанном случае допускается проводить аккредитацию органами по аккредитации государств-членов, если орган по аккредитации того государства-члена, на территории которого зарегистрирован данный орган по оценке соответствия, не осуществляет аккредитацию в требуемой области. При этом орган по аккредитации государства-члена, на территории которого зарегистрирован орган по оценке соответствия, имеет право выступить в качестве наблюдателя.

      4. Органы по аккредитации государств-членов осуществляют взаимные сравнительные оценки с целью достижения равнозначности применяемых процедур.

      Порядок осуществления органами по аккредитации государств- членов взаимных сравнительных оценок утверждается Советом Комиссии.

      Признание результатов работ по аккредитации органов по оценке соответствия государств-членов осуществляется согласно приложению № 11 к настоящему Договору.

      Сноска. Статья 54 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      Статья 55 Устранение технических барьеров во взаимной торговле с третьими странами

      Порядок и условия устранения технических барьеров во взаимной торговле с третьими странами определяются международным договором в рамках Союза.

Раздел XI
САНИТАРНЫЕ, ВЕТЕРИНАРНО-САНИТАРНЫЕ И КАРАНТИННЫЕ ФИТОСАНИТАРНЫЕ МЕРЫ, ЭКСТРЕННЫЕ ФИТОСАНИТАРНЫЕ МЕРЫ

      Сноска. Наименование раздела XI - в редакции Закона РК от 19.04.2024 № 75-VIII.

Статья 56 Общие принципы применения санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер

      1. Санитарные, ветеринарно-санитарные и карантинные фитосанитарные меры применяются на основе принципов, имеющих научное обоснование, и только в той степени, в которой это необходимо для защиты жизни и здоровья человека, животных и растений.

      Санитарные, ветеринарно-санитарные и карантинные фитосанитарные меры, применяемые в рамках Союза, основываются на международных и региональных стандартах, руководствах и (или) рекомендациях, за исключением случаев, когда на основе соответствующего научного обоснования вводятся санитарные, ветеринарно-санитарные и карантинные фитосанитарные меры, которые обеспечивают более высокий уровень санитарной, ветеринарно-санитарной или карантинной фитосанитарной защиты, чем меры на базе соответствующих международных и региональных стандартов, руководств и (или) рекомендаций.

      2. В целях обеспечения санитарно-эпидемиологического благополучия населения, а также ветеринарно-санитарной, карантинной фитосанитарной безопасности в рамках Союза проводится согласованная политика в сфере применения санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер.

      3. Согласованная политика реализуется путем совместной разработки, принятия и реализации государствами-членами международных договоров и актов Комиссии в области применения санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер.

      4. Каждое из государств-членов имеет право разрабатывать и вводить временные санитарные, ветеринарно-санитарные и карантинные фитосанитарные меры.

      Порядок взаимодействия уполномоченных органов государств-членов при введении временных санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер утверждается Комиссией.

      5. Согласованные подходы при проведении идентификации, регистрации и прослеживаемости животных и продукции животного происхождения применяются в соответствии с актами Комиссии.

      6. Применение санитарных, ветеринарно-санитарных, карантинных фитосанитарных мер и взаимодействие уполномоченных органов государств-членов в области санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер осуществляются согласно приложению № 12 к настоящему Договору.

      Статья 57 Применение санитарных мер

      1. Санитарные меры применяются в отношении лиц, транспортных средств, а также подконтрольной санитарно-эпидемиологическому надзору (контролю) продукции (товаров), включенной в соответствии с актами Комиссии в единый перечень продукции (товаров), подлежащей государственному санитарно-эпидемиологическому надзору (контролю).

      2. К продукции (товарам), подлежащей государственному санитарно-эпидемиологическому надзору (контролю), устанавливаются единые санитарно-эпидемиологические и гигиенические требования и процедуры.

      Единые санитарно-эпидемиологические и гигиенические требования к продукции (товарам), в отношении которой разрабатываются технические регламенты Союза, включаются в технические регламенты Союза в соответствии с актами Комиссии.

      3. Порядок разработки, утверждения, изменения и применения единых санитарно-эпидемиологических и гигиенических требований и процедур утверждается Комиссией.

      4. В целях обеспечения санитарно-эпидемиологического благополучия населения уполномоченными органами в области санитарно-эпидемиологического благополучия населения осуществляется государственный санитарно-эпидемиологический надзор (контроль) с применением оценки риска в соответствии с законодательством государств-членов и актами Комиссии.

      Уполномоченные органы в области санитарно-эпидемиологического благополучия населения могут осуществлять государственный надзор (контроль) за соблюдением требований технических регламентов Союза в рамках государственного санитарно-эпидемиологического надзора (контроля) в соответствии с законодательством государств-членов.

      Сноска. Статья 57 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      Статья 58 Применение ветеринарно-санитарных мер

      1. Ветеринарно-санитарные меры применяются в отношении ввозимых на таможенную территорию Союза и перемещаемых по таможенной территории Союза товаров (в том числе товаров для личного пользования), включенных в единый перечень товаров, подлежащих ветеринарному контролю (надзору), утверждаемый Комиссией, а также в отношении объектов, подлежащих ветеринарному контролю (надзору).

      2. К товарам и объектам, подлежащим ветеринарному контролю (надзору), применяются единые ветеринарные (ветеринарно-санитарные) требования, утверждаемые Комиссией.

      3. В целях предотвращения ввоза и распространения возбудителей заразных болезней животных, в том числе общих для человека и животных, и товаров, не соответствующих единым ветеринарным (ветеринарно-санитарным) требованиям, осуществляется ветеринарный контроль (надзор) за подконтрольными ветеринарному контролю (надзору) товарами, включая товары для личного пользования, а также за объектами, подлежащими ветеринарному контролю (надзору) в соответствии с актами Комиссии.

      Взаимодействие государств-членов при профилактике, диагностике, локализации и ликвидации очагов особо опасных, карантинных и зоонозных болезней животных осуществляется в порядке, устанавливаемом Комиссией.

      4. Уполномоченные органы в области ветеринарии осуществляют ветеринарный контроль (надзор) при перемещении подконтрольных ветеринарному контролю (надзору) товаров через таможенную границу Союза в пунктах пропуска через государственные границы государств-членов либо в иных определяемых законодательством государств-членов местах, которые оборудуются и оснащаются средствами ветеринарного контроля (надзора) в соответствии с законодательством государств-членов.

      5. Каждая партия подконтрольных ветеринарному контролю (надзору) товаров ввозится на таможенную территорию Союза в соответствии с едиными ветеринарными (ветеринарно-санитарными) требованиями, утверждаемыми Комиссией, и при условии наличия разрешения, выдаваемого уполномоченным органом в области ветеринарии государства-члена, на территорию которого ввозятся указанные товары, и (или) ветеринарного сертификата, выдаваемого компетентным органом страны отправления указанного товара.

      6. Подконтрольные ветеринарному контролю (надзору) товары перевозятся с территории одного государства-члена на территорию другого государства-члена в соответствии с едиными ветеринарными (ветеринарно-санитарными) требованиями. Указанные товары сопровождаются ветеринарным сертификатом, если иное не определено Комиссией.

      Государства-члены взаимно признают ветеринарные сертификаты, выдаваемые уполномоченными органами в области ветеринарии по единым формам, утверждаемым Комиссией.

      7. Основным принципом обеспечения безопасности подконтрольных ветеринарному контролю (надзору) товаров при их производстве, переработке, транспортировке и (или) хранении в третьих странах является проведение аудита зарубежной официальной системы надзора.

      Уполномоченные органы в области ветеринарии проводят аудиты официальных зарубежных систем надзора и проверки (инспекции) объектов, подлежащих ветеринарному контролю (надзору), в соответствии с актами Комиссии.

      8. Государства-члены имеют право разрабатывать и вводить временные ветеринарные (ветеринарно-санитарные) требования и меры в случае получения официальной информации от соответствующих международных организаций, государств-членов, а также от третьих стран об ухудшении эпизоотической ситуации на территориях третьих стран или государств-членов.

      В случае наличия указанной информации, но при отсутствии достаточного научного обоснования или невозможности его представления в необходимые сроки, государства-члены могут принимать безотлагательные ветеринарно-санитарные меры.

      Статья 59 Карантинные фитосанитарные меры

      1. Карантинные фитосанитарные меры применяются в отношении продукции, включенной в перечень подкарантинной продукции (подкарантинных грузов, подкарантинных материалов, подкарантинных товаров), подлежащей карантинному фитосанитарному контролю (надзору) на таможенной границе Союза и на таможенной территории Союза (далее - перечень подкарантинной продукции), карантинных объектов, включенных в единый перечень карантинных объектов Союза, а также подкарантинных объектов.

      2. Карантинный фитосанитарный контроль (надзор) на таможенной территории Союза и таможенной границе Союза осуществляется в отношении продукции, включенной в перечень подкарантинной продукции, карантинных объектов, включенных в единый перечень карантинных объектов Союза, а также подкарантинных объектов.

      3. Перечень подкарантинной продукции, единый перечень карантинных объектов Союза и единые карантинные фитосанитарные требования утверждаются Комиссией.

Статья 591 Экстренные фитосанитарные меры

      1. Экстренные фитосанитарные меры применяются в отношении вредных организмов, не включенных в единый перечень карантинных объектов Союза и представляющих фитосанитарный риск, на период до включения соответствующих вредных организмов в указанный перечень либо до получения результата анализа фитосанитарного риска в отношении вредных организмов, подтверждающего отсутствие такого риска.

      2. Государство-член вправе вводить экстренные фитосанитарные меры в следующих случаях:

      1) отсутствие соответствующего и достаточного научного обоснования применения фитосанитарных мер или невозможность представления такого обоснования в необходимые сроки при получении официальной информации от соответствующих международных организаций, государств-членов, а также от третьих стран о принимаемых фитосанитарных мерах;

      2) получение результата анализа фитосанитарного риска в отношении вредных организмов, подтверждающего наличие такого риска.

      3. Государство-член, вводящее экстренную фитосанитарную меру, уведомляет об этом Комиссию, другие государства-члены и вносит в Комиссию предложение с представлением соответствующего обоснования о введении такой меры на таможенной территории Союза.

      Комиссия рассматривает предложения государств-членов о введении экстренной фитосанитарной меры и по итогам рассмотрения может принять решение о введении такой меры на таможенной территории Союза.

      4. Государства-члены осуществляют взаимодействие по вопросам введения экстренных фитосанитарных мер в порядке, утверждаемом Комиссией.

      Сноска. Раздел XI дополнен статьей 591 в соответствии с Законом РК от 19.04.2024 № 75-VIII.

Раздел XII
ЗАЩИТА ПРАВ ПОТРЕБИТЕЛЕЙ

Статья 60 Гарантии защиты прав потребителей

      1. Права потребителей и их защита гарантируются законодательством государств-членов о защите прав потребителей, а также настоящим Договором.

      2. Граждане государства-члена, а также иные лица, проживающие на его территории, пользуются на территориях других государств-членов такой же правовой защитой в области защиты прав потребителей, что и граждане этих других государств-членов, и имеют право обращаться в государственные и общественные организации по защите прав потребителей, другие организации, а также суды и (или) осуществлять иные процессуальные действия на тех же условиях, что и граждане этих других государств-членов.

      Статья 61 Политика в сфере защиты прав потребителей

      1. Государства-члены проводят согласованную политику в сфере защиты прав потребителей, направленную на формирование равных условий для граждан государств-членов по защите их интересов от недобросовестной деятельности хозяйствующих субъектов.

      2. Проведение согласованной политики в сфере защиты прав потребителей обеспечивается в соответствии с настоящим Договором и законодательством государств-членов о защите прав потребителей на основе принципов согласно приложению № 13 к настоящему Договору.

      3. В рамках проведения согласованной политики в сфере защиты прав потребителей Комиссией совместно с государствами-членами разрабатывается программа совместных действий государств- членов в сфере защиты прав потребителей, утверждаемая Межправительственным советом.

      4. Комиссия совместно с государствами-членами осуществляет мониторинг реализации программы совместных действий государств- членов в сфере защиты прав потребителей.

      Сноска. Статья 61 с изменениями, внесенными Законом РК от 19.04.2024 № 75-VIII.

ЧАСТЬ ТРЕТЬЯ
ЕДИНОЕ ЭКОНОМИЧЕСКОЕ ПРОСТРАНСТВО
Раздел XIII
МАКРОЭКОНОМИЧЕСКАЯ ПОЛИТИКА

Статья 62 Основные направления согласованной макроэкономической политики

      1. В рамках Союза проводится согласованная макроэкономическая политика, предусматривающая разработку и реализацию совместных действий государств-членов в целях достижения сбалансированного развития экономики государств-членов.

      2. Координация проведения государствами-членами согласованной макроэкономической политики осуществляется Комиссией согласно приложению № 14 к настоящему Договору.

      3. Основные направления проводимой государствами-членами согласованной макроэкономической политики включают:

      1) обеспечение устойчивого развития экономики государств-членов с использованием интеграционного потенциала Союза и конкурентных преимуществ каждого государства-члена;

      2) формирование единых принципов функционирования экономики государств-членов и обеспечение их эффективного взаимодействия;

      3) создание условий для повышения внутренней устойчивости экономики государств-членов, включая обеспечение макроэкономической стабильности, а также устойчивости к внешнему воздействию;

      4) разработку общих принципов и ориентиров для прогнозирования социально-экономического развития государств-членов.

      4. Реализация основных направлений согласованной макроэкономической политики осуществляется в соответствии с приложением № 14 к настоящему Договору.

      Статья 63 Основные макроэкономические показатели, определяющие устойчивость экономического развития

      Государства-члены формируют экономическую политику в рамках следующих количественных значений макроэкономических показателей, определяющих устойчивость экономического развития:

      годовой дефицит консолидированного бюджета сектора государственного управления - не превышает 3 процентов валового внутреннего продукта;

      долг сектора государственного управления - не превышает 50 процентов валового внутреннего продукта;

      уровень инфляции (индекс потребительских цен) в годовом выражении (декабрь к декабрю предыдущего года, в процентах) - не превышает более чем на 5 процентных пунктов уровень инфляции в государстве-члене, в котором этот показатель имеет наименьшее значение.

Раздел XIV
ВАЛЮТНАЯ ПОЛИТИКА

Статья 64 Цели и принципы согласованной валютной политики

      1. Государства-члены в целях углубления экономической интеграции, развития сотрудничества в валютно-финансовой сфере, обеспечения свободного движения товаров, услуг и капитала на территориях государств-членов, повышения роли национальных валют государств-членов во внешнеторговых и инвестиционных операциях, а также обеспечения взаимной конвертируемости указанных валют разрабатывают и проводят согласованную валютную политику на основе следующих принципов:

      1) поэтапное осуществление гармонизации и сближения подходов к формированию и проведению валютной политики в том объеме, в каком это соответствует сложившимся макроэкономическим потребностям интеграционного сотрудничества;

      2) создание необходимых организационно-правовых условий на национальном и межгосударственном уровнях для развития интеграционных процессов в валютной сфере, координации и согласования валютной политики;

      3) неприменение действий в валютной сфере, которые могут негативно повлиять на развитие интеграционных процессов, а в случае их вынужденного применения - минимизация последствий таких действий;

      4) проведение экономической политики, направленной на повышение доверия к национальным валютам государств-членов, как на внутреннем валютном рынке каждого государства-члена, так и на международных валютных рынках.

      2. В целях проведения согласованной валютной политики государства-члены реализуют меры согласно приложению № 15 к настоящему Договору.

      3. Координация курсовой политики осуществляется отдельным органом, в состав которого входят руководители национальных (центральных) банков государств-членов и порядок деятельности которого определяется международным договором в рамках Союза.

      4. Согласованные подходы государств-членов к регулированию валютных правоотношений и принятию мер либерализации определяются международным договором в рамках Союза.

Раздел XV
ТОРГОВЛЯ УСЛУГАМИ, УЧРЕЖДЕНИЕ, ДЕЯТЕЛЬНОСТЬ
И ОСУЩЕСТВЛЕНИЕ ИНВЕСТИЦИЙ

Статья 65 Цель и предмет регулирования, сфера применения

      1. Целью настоящего раздела является обеспечение свободы торговли услугами, учреждения, деятельности и осуществления инвестиций в рамках Союза в соответствии с условиями настоящего раздела и приложения № 16 к настоящему Договору.

      Правовые основы регулирования торговли услугами, учреждения, деятельности и осуществления инвестиций в государствах-членах определяются приложением № 16 к настоящему Договору.

      2. Положения настоящего раздела применяются к мерам государств-членов, затрагивающим поставку и получение услуг, учреждение, деятельность и осуществление инвестиций.

      Положения настоящего раздела не применяются:

      к государственным (муниципальным) закупкам, регулируемым разделом XXII настоящего Договора;

      к поставляемым услугам и осуществляемой деятельности во исполнение функций государственной власти.

      3. Услуги, охватываемые разделами XVI, XIX, XX и XXI настоящего Договора, регулируются положениями этих разделов соответственно. Положения настоящего раздела действуют в части, не противоречащей указанным разделам.

      4. Особенности правоотношений, возникающих в связи с торговлей услугами электросвязи, определяются в соответствии с Порядком торговли услугами электросвязи (приложение № 1 к приложению № 16 настоящего Договора).

      5. Особенности въезда, выезда, пребывания и трудовой деятельности физических лиц регулируются разделом XXVI настоящего Договора в части, не противоречащей настоящему разделу.

      6. Ничто в настоящем разделе не должно толковаться как:

      1) требование к любому государству-члену предоставлять какую-либо информацию, раскрытие которой оно рассматривает как противоречащее важнейшим интересам его безопасности;

      2) препятствие для любого государства-члена предпринимать любые действия, которые оно считает необходимыми для защиты важнейших интересов его безопасности посредством принятия законодательного акта, в том числе:

      относящиеся к поставке услуг, осуществляемых прямо или косвенно с целью снабжения военного учреждения;

      относящиеся к расщепляющимся или термоядерным материалам или к материалам, из которых они получены;

      принятые во время войны или в других чрезвычайных обстоятельствах в международных отношениях;

      3) препятствие для любого государства-члена предпринимать любые действия для выполнения его обязательств в соответствии с Уставом Организации Объединенных Наций в целях сохранения международной безопасности и мира.

      7. Положения настоящего раздела не препятствуют государству-члену принимать или применять меры:

      1) необходимые для защиты общественной морали или поддержания общественного порядка. Исключения по соображениям общественного порядка могут быть применены только в тех случаях, когда складывается реальная и достаточно серьезная угроза в отношении одного из коренных интересов общества;

      2) необходимые для защиты жизни или здоровья людей, животных или растений;

      3) необходимые для соблюдения законодательства государств-членов, не противоречащего положениям настоящего раздела, включая меры, имеющие отношение к:

      предотвращению вводящей в заблуждение и недобросовестной практики или последствий несоблюдения гражданско-правовых договоров;

      защите от вмешательства в частную жизнь отдельных лиц при обработке и распространении сведений личного характера и защите конфиденциальности сведений о личной жизни и счетов;

      безопасности;

      4) несовместимые с пунктами 21 и 24 приложения № 16 к настоящему Договору, при условии, что различие в фактически предоставляемом режиме продиктовано стремлением обеспечить справедливое или эффективное обложение прямыми налогами и их взимание с лиц другого государства-члена или третьих государств в отношении торговли услугами, учреждения и деятельности и такие меры не должны противоречить положениям международных договоров государств-членов;

      5) несовместимые с пунктами 27 и 29 приложения № 16 к настоящему Договору, при условии, что различие в отношении режима является результатом соглашения по вопросам налогообложения, в том числе об избежании двойного налогообложения, участником которого является соответствующее государство-член.

      8. Применение мер, предусмотренных пунктом 7 настоящей статьи, не должно приводить к произвольной или неоправданной дискриминации между государствами-членами или к скрытым ограничениям в торговле услугами, учреждении, деятельности и осуществлении инвестиций.

      9. Если государство-член сохраняет в отношении третьего государства ограничения или запреты в отношении торговли услугами, учреждения, деятельности и осуществления инвестиций, ничто в настоящем разделе не должно быть истолковано как обязывающее такое государство-член распространять на лиц другого государства-члена положения настоящего раздела, если такое лицо принадлежит или контролируется лицом указанного третьего государства, а распространение положений настоящего раздела приведет к обходу или нарушению указанных запретов и ограничений.

      10. Государство-член может не распространять свои обязательства, принимаемые им в соответствии с настоящим разделом, на лицо другого государства-члена в отношении торговли услугами, учреждения, деятельности и осуществления инвестиций, в случае если будет доказано, что такое лицо другого государства-члена не осуществляет существенных деловых операций на территории этого другого государства-члена и принадлежит или контролируется лицом первого государства-члена или лицом третьего государства.

      Статья 66 Либерализация торговли услугами, учреждения, деятельности и осуществления инвестиций

      1. Государства-члены не будут вводить новые дискриминационные меры в отношении торговли услугами, учреждения и деятельности лиц других государств-членов по сравнению с режимом, действующим на дату вступления в силу настоящего Договора.

      2. В целях обеспечения свободы торговли услугами, учреждения, деятельности и осуществления инвестиций государства-члены проводят поэтапную либерализацию условий взаимной торговли услугами, учреждения, деятельности и осуществления инвестиций.

      3. Государства-члены стремятся к созданию и обеспечению функционирования единого рынка услуг, предусмотренного пунктами 38 - 43 приложения № 16 к настоящему Договору, в максимальном количестве секторов услуг.

      Статья 67 Принципы либерализации торговли услугами, учреждения, деятельности и осуществления инвестиций

      1. Либерализация торговли услугами, учреждения, деятельности и осуществления инвестиций осуществляется с учетом международных принципов и стандартов путем гармонизации законодательства государств-членов и организации взаимного административного сотрудничества компетентных органов государств-членов.

      2. В процессе либерализации торговли услугами, учреждения, деятельности и осуществления инвестиций государства-члены руководствуются следующими принципами:

      1) оптимизация внутреннего регулирования - поэтапное упрощение и (или) упразднение избыточного внутреннего регулирования, в том числе разрешительных требований и процедур для поставщиков, получателей услуг, лиц, осуществляющих учреждение или деятельность, и инвесторов с учетом наилучшей международной практики регулирования конкретных секторов услуг, а в случае ее отсутствия - путем выбора и применения наиболее прогрессивных моделей государств-членов;

      2) пропорциональность - необходимость и достаточность уровней гармонизации законодательства государств-членов и взаимного административного сотрудничества для эффективного функционирования рынка услуг, учреждения, деятельности или осуществления инвестиций;

      3) взаимовыгодность - либерализация торговли услугами, учреждения, деятельности и осуществления инвестиций на основе справедливого распределения выгод и обязательств с учетом чувствительности секторов услуг и видов деятельности для каждого государства-члена;

      4) последовательность - принятие любых мер в отношении торговли услугами, учреждения, деятельности и осуществления инвестиций, в том числе гармонизация законодательства государств-членов и административное сотрудничество, исходя из следующего:

      ни в одном из секторов услуг и видов деятельности недопустимо ухудшение условий взаимного доступа по сравнению с условиями, действующими на дату подписания настоящего Договора, и с условиями, закрепленными в настоящем Договоре;

      поэтапное сокращение ограничений, изъятий, дополнительных требований и условий, предусмотренных индивидуальными национальными перечнями ограничений, изъятий, дополнительных требований и условий, утверждаемых Высшим советом, указанных в абзаце 4 пункта 2 и пунктах 15 - 17, 23, 26, 28, 31, 33 и 35 приложения № 16 к настоящему Договору;

      5) экономическая целесообразность - проведение в рамках формирования единого рынка услуг, предусмотренного пунктами 38 - 43 приложения № 16 к настоящему Договору, либерализации торговли услугами в приоритетном порядке в отношении секторов услуг, в наибольшей степени влияющих на себестоимость, конкурентоспособность и (или) объемы производимых и реализуемых на внутреннем рынке Союза товаров.

      Статья 68 Административное сотрудничество

      1. Государства-члены оказывают друг другу содействие в обеспечении эффективного сотрудничества между компетентными органами по вопросам, регулируемым настоящим разделом.

      Для обеспечения эффективности сотрудничества, в том числе для обмена информацией компетентные органы государств-членов заключают соглашения.

      2. Административное сотрудничество включает в себя:

      1) оперативный информационный обмен между компетентными органами государств-членов как в целом по секторам услуг, так и в отношении конкретных участников рынка;

      2) создание механизма предупреждения нарушения поставщиками услуг прав и законных интересов потребителей, добросовестных субъектов рынка, а также общественных (государственных) интересов.

      3. Компетентные органы государства-члена могут запрашивать у компетентных органов других государств-членов в рамках заключенных соглашений информацию, относящуюся к сфере компетенции последних и необходимую для эффективной реализации требований, предусмотренных настоящим разделом, в том числе:

      1) о лицах этих других государств-членов, осуществивших учреждение или поставляющих услуги на территории первого государства-члена, и в частности о сведениях, подтверждающих, что такие лица действительно учреждены на их территориях и что, по сведениям компетентных органов, данные лица осуществляют предпринимательскую деятельность;

      2) о разрешениях, выданных компетентными органами, и видах деятельности, на осуществление которых выданы разрешения;

      3) об административных мерах, уголовно-правовых санкциях или решениях о признании несостоятельности (банкротства) лица, которые были приняты компетентными органами в отношении этого лица и которые непосредственно затрагивают его компетентность или деловую репутацию. Компетентные органы одного государства-члена должны представить соответствующую информацию запросившим ее компетентным органам другого государства-члена, в том числе об основаниях привлечения к ответственности лиц, осуществивших учреждение или поставляющих услуги на территории первого государства-члена.

      4. Административное сотрудничество компетентных органов государств-членов (в том числе осуществляющих контроль и надзор за деятельностью) осуществляется в целях:

      1) создания эффективной системы защиты прав получателей услуг одного государства-члена при поставке этих услуг поставщиком другого государства-члена;

      2) исполнения налоговых и иных обязательств поставщиками и получателями услуг;

      3) пресечения недобросовестной деловой практики;

      4) обеспечения достоверности статистических данных об объемах услуг государств-членов.

      5. В случае если государству-члену стало известно о действиях любого из поставщиков услуг, лиц, осуществляющих учреждение или деятельность, либо инвесторов, которые способны причинить ущерб здоровью или безопасности людей, животных, растений или окружающей среде на территории этого государства-члена или на территориях других государств-членов, первое государство-член информирует об этом в кратчайшие сроки все государства-члены и Комиссию.

      6. Комиссия содействует созданию и участвует в процессе функционирования информационных систем Союза по вопросам, регулируемым настоящим разделом.

      7. Государства-члены могут информировать Комиссию о случаях невыполнения другими государствами-членами обязательств, предусмотренных настоящей статьей.

      Статья 69 Транспарентность

      1. Каждое государство-член обеспечивает открытость и доступность своего законодательства по вопросам, регулируемым настоящим разделом.

      В этих целях все нормативные правовые акты государства-члена, которые затрагивают или могут затрагивать вопросы, регулируемые настоящим разделом, должны быть опубликованы в официальном источнике, а по возможности также на соответствующем сайте в информационно-телекоммуникационной сети "Интернет" (далее - сеть Интернет), таким образом, чтобы любое лицо, права и (или) обязательства которого могут быть затронуты такими нормативными правовыми актами, имело возможность ознакомиться с ними.

      2. Нормативные правовые акты государств-членов, указанные в пункте 1 настоящей статьи, должны быть опубликованы в срок, обеспечивающий правовую определенность и обоснованные ожидания лиц, права и (или) обязательства которых могут быть затронуты этими нормативными правовыми актами, но в любом случае до даты их вступления в силу (введения в действие).

      3. Государства-члены обеспечивают предварительное опубликование проектов нормативных правовых актов, указанных в пункте 1 настоящей статьи.

      Государства-члены размещают в сети Интернет на официальных сайтах государственных органов, ответственных за разработку проекта нормативного правового акта, или на специально созданных сайтах проекты нормативных правовых актов, информацию о порядке направления лицами замечаний и предложений по ним, а также сведения о сроке проведения общественного обсуждения проекта нормативного правового акта в целях предоставления всем заинтересованным лицам возможности направить свои замечания и предложения.

      Проекты указанных нормативных правовых актов публикуются, как правило, за 30 календарных дней до даты их принятия. Такое предварительное опубликование не требуется в исключительных случаях, требующих оперативного реагирования, а также в случаях, когда предварительное опубликование проектов нормативных правовых актов может помешать их исполнению или иным образом противоречит общественным интересам.

      Замечания и (или) предложения, полученные компетентными органами государств-членов в рамках общественного обсуждения, по возможности учитываются при доработке проектов нормативных правовых актов.

      4. Опубликование нормативных правовых актов (их проектов), указанных в пункте 1 настоящей статьи, должно сопровождаться пояснением целей их принятия и применения.

      5. Государства-члены создают механизм, обеспечивающий представление ответов на письменные или электронные запросы любого лица о действующих и (или) планируемых к принятию нормативных правовых актах, указанных в пункте 1 настоящей статьи.

      6. Государства-члены обеспечивают рассмотрение обращений лиц других государств-членов по вопросам, регулируемым настоящим разделом, в соответствии со своим законодательством в порядке, установленном для своих лиц.

Раздел XVI
РЕГУЛИРОВАНИЕ ФИНАНСОВЫХ РЫНКОВ

Статья 70 Цели и принципы регулирования финансовых рынков

      1. Государства-члены в рамках Союза осуществляют согласованное регулирование финансовых рынков в соответствии со следующими целями и принципами:

      1) углубление экономической интеграции государств-членов с целью создания в рамках Союза общего финансового рынка и обеспечения недискриминационного доступа на финансовые рынки государств-членов;

      2) обеспечение гарантированной и эффективной защиты прав и законных интересов потребителей финансовых услуг;

      3) создание условий для взаимного признания лицензий в банковском и страховом секторах, а также в секторе услуг на рынке ценных бумаг, выданных уполномоченными органами одного государства-члена, на территориях других государств-членов;

      4) определение подходов к регулированию рисков на финансовых рынках государств-членов в соответствии с международными стандартами;

      5) определение требований, предъявляемых к банковской деятельности, страховой деятельности и деятельности на рынке ценных бумаг (пруденциальных требований);

      6) определение порядка осуществления надзора за деятельностью участников финансового рынка;

      7) обеспечение транспарентности деятельности участников финансового рынка.

      2. В целях создания на финансовом рынке условий для обеспечения свободного движения капитала государствами-членами применяются следующие основные формы сотрудничества, в том числе:

      1) обмен информацией, в том числе конфиденциальной, между уполномоченными органами государств-членов по вопросам регулирования и развития банковской деятельности, страховой деятельности и деятельности на рынке ценных бумаг, контроля и надзора в соответствии с международным договором в рамках Союза;

      2) проведение согласованных мероприятий по обсуждению текущих и возможных проблем, возникающих на финансовых рынках, и по разработке предложений по их решению;

      3) проведение уполномоченными органами государств-членов взаимных консультаций по вопросам регулирования банковской деятельности, страховой деятельности и деятельности на рынке ценных бумаг.

      3. Для достижения целей, изложенных в пункте 1 настоящей статьи, государства-члены в соответствии с международным договором в рамках Союза и с учетом приложения № 17 к настоящему Договору и статьи 103 настоящего Договора осуществляют гармонизацию своего законодательства в сфере финансового рынка.

Раздел XVII
НАЛОГИ И НАЛОГООБЛОЖЕНИЕ

Статья 71 Принципы взаимодействия государств-членов в сфере налогообложения

      1. Товары, ввозимые с территории одного государства-члена на территорию другого государства-члена, облагаются косвенными налогами.

      2. Государства-члены во взаимной торговле взимают налоги, иные сборы и платежи таким образом, чтобы налогообложение в государстве-члене, на территории которого осуществляется реализация товаров других государств-членов, было не менее благоприятным, чем налогообложение, применяемое этим государством-членом при тех же обстоятельствах в отношении аналогичных товаров, происходящих с его территории.

      3. Государства-члены определяют направления, а также формы и порядок осуществления гармонизации законодательства в отношении налогов, которые оказывают влияние на взаимную торговлю, чтобы не нарушить условия конкуренции и не препятствовать свободному перемещению товаров, работ и услуг на национальном уровне или на уровне Союза, включая:

      1) гармонизацию (сближение) ставок акцизов по наиболее чувствительным подакцизным товарам;

      2) дальнейшее совершенствование системы взимания налога на добавленную стоимость во взаимной торговле (в том числе с применением информационных технологий).

      Статья 72 Принципы взимания косвенных налогов в государствах-членах

      1. Взимание косвенных налогов во взаимной торговле товарами осуществляется по принципу страны назначения, предусматривающему применение нулевой ставки налога на добавленную стоимость и (или) освобождение от уплаты акцизов при экспорте товаров, а также их налогообложение косвенными налогами при импорте.

      Взимание косвенных налогов и механизм контроля за их уплатой при экспорте и импорте товаров осуществляются в порядке согласно приложению № 18 к настоящему Договору.

      2. Взимание косвенных налогов при выполнении работ, оказании услуг осуществляется в государстве-члене, территория которого признается местом реализации работ, услуг, в соответствии с приложением № 18 к настоящему Договору.

      Взимание косвенных налогов при выполнении работ, оказании услуг осуществляется в порядке, предусмотренном приложением № 18 к настоящему Договору.

      3. Обмен между налоговыми органами государств-членов информацией, необходимой для обеспечения полноты уплаты косвенных налогов, осуществляется в соответствии с отдельным международным межведомственным договором, которым в том числе устанавливаются порядок обмена информацией, форма заявления о ввозе товаров и уплате косвенных налогов, правила его заполнения и требования к формату обмена.

      4. При импорте товаров на территорию одного государства-члена с территории другого государства-члена косвенные налоги взимаются налоговыми органами государства-члена, на территорию которого импортируются товары, если иное не установлено законодательством этого государства-члена в части товаров, подлежащих маркировке акцизными марками (учетно-контрольными марками, знаками).

      5. Ставки косвенных налогов во взаимной торговле при импорте товаров на территорию государства-члена не должны превышать ставки косвенных налогов, которыми облагаются аналогичные товары при их реализации на территории этого государства-члена.

      6. Косвенные налоги не взимаются при импорте на территорию государства-члена:

      1) товаров, которые в соответствии с законодательством этого государства-члена не подлежат налогообложению (освобождаются от налогообложения) при ввозе на его территорию;

      2) товаров, которые ввозятся на территорию государства-члена физическими лицами не в целях предпринимательской деятельности;

      3) товаров, импорт которых на территорию одного государства-члена с территории другого государства-члена осуществляется в связи с их передачей в пределах одного юридического лица (законодательством государства-члена может быть установлено обязательство по уведомлению налоговых органов о ввозе (вывозе) таких товаров).

      Сноска. Статья 72 с изменением, внесенным Законом РК от 22.02.2024 № 63-VIII.

      Статья 73 Налогообложение доходов физических лиц

      В случае если одно государство-член в соответствии с его законодательством и положениями международных договоров вправе облагать налогом доход налогового резидента (лица с постоянным местопребыванием) другого государства-члена в связи с работой по найму, осуществляемой в первом упомянутом государстве-члене, такой доход облагается в первом государстве-члене с первого дня работы по найму по налоговым ставкам, предусмотренным для таких доходов физических лиц - налоговых резидентов (лиц с постоянным местопребыванием) этого первого государства-члена.

      Положения настоящей статьи применяются к налогообложению доходов в связи с работой по найму, получаемых гражданами государств-членов.

Раздел XVIII
ОБЩИЕ ПРИНЦИПЫ И ПРАВИЛА КОНКУРЕНЦИИ

Статья 74 Общие положения

      1. Предметом настоящего раздела является установление общих принципов и правил конкуренции, обеспечивающих выявление и пресечение антиконкурентных действий на территориях государств-членов, и действий, оказывающих негативное влияние на конкуренцию на трансграничных рынках на территории двух и более государств-членов.

      2. Положения настоящего раздела распространяются на отношения, связанные с реализацией конкурентной (антимонопольной) политики на территориях государств-членов, и на отношения с участием хозяйствующих субъектов (субъектов рынка) государств-членов, которые оказывают или могут оказать негативное влияние на конкуренцию на трансграничных рынках на территориях двух и более государств-членов. Критерии отнесения рынка к трансграничному в целях определения компетенции Комиссии устанавливаются решением Высшего совета.

      3. Государства-члены вправе устанавливать в своем законодательстве:

      1) дополнительные запреты, а также дополнительные требования и ограничения в отношении запретов, предусмотренных статьями 75 и 76 настоящего Договора;

      2) иные (дополнительные) условия признания доминирующего положения хозяйствующего субъекта (субъекта рынка);

      3) основания и порядок выдачи предупреждений при реализации полномочий по предупреждению и выявлению признаков нарушения конкурентного (антимонопольного) законодательства государства- члена;

      4) основания и порядок вынесения предостережений о недопустимости совершения действий (бездействия), которые могут повлечь нарушение конкурентного (антимонопольного) законодательства государства-члена.

      4. Государства-члены проводят согласованную конкурентную (антимонопольную) политику в отношении действий хозяйствующих субъектов (субъектов рынка) третьих стран, если такие действия могут оказать негативное влияние на состояние конкуренции на товарных рынках государств-членов.

      5. Ничто в настоящем разделе не должно толковаться как препятствие для любого государства-члена предпринимать любые меры, которые оно считает необходимыми для защиты важнейших интересов обороны страны или безопасности государства.

      6. Положения настоящего раздела применяются к субъектам естественных монополий с учетом особенностей, предусмотренных настоящим Договором.

      7. Реализация положений настоящего раздела осуществляется согласно приложению № 19 к настоящему Договору.

      Сноска. Статья 74 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      Статья 75 Общие принципы конкуренции

      1. Применение государствами-членами норм своего конкурентного (антимонопольного) законодательства к хозяйствующим субъектам (субъектам рынка) государств-членов осуществляется одинаковым образом и в равной мере независимо от организационно-правовой формы и места регистрации таких хозяйствующих субъектов (субъектов рынка) на равных условиях.

      2. Государства-члены устанавливают в своем законодательстве в том числе запреты на:

      1) соглашения между органами государственной власти, органами местного самоуправления, иными осуществляющими их функции органами или организациями или между ними и хозяйствующими субъектами (субъектами рынка), если такие соглашения приводят или могут привести к недопущению, ограничению или устранению конкуренции, за исключением случаев, предусмотренных настоящим Договором и (или) другими международными договорами государств-членов;

      2) предоставление государственных или муниципальных преференций, за исключением случаев, предусмотренных в законодательстве государств-членов и с учетом особенностей, предусмотренных настоящим Договором и (или) другими международными договорами государств-членов.

      3. Государства-члены принимают эффективные меры по предупреждению, выявлению и пресечению действий (бездействия), предусмотренных подпунктом 1 пункта 2 настоящей статьи.

      4. Государства-члены в соответствии со своим законодательством обеспечивают эффективный контроль за экономической концентрацией в той мере, в какой это необходимо для защиты и развития конкуренции на территориях каждого государства-члена.

      5. Каждое государство-член обеспечивает наличие органа государственной власти, в компетенцию которого входит реализация и (или) проведение конкурентной (антимонопольной) политики, что подразумевает, помимо прочего, наделение такого органа полномочиями по контролю за соблюдением запрета на антиконкурентные действия и запрета на недобросовестную конкуренцию, за экономической концентрацией, а также полномочиями по предупреждению и выявлению нарушений конкурентного (антимонопольного) законодательства, принятию мер по прекращению указанных нарушений и привлечению к ответственности за такие нарушения (далее - уполномоченный орган государства-члена).

      6. Государства-члены устанавливают в своем законодательстве штрафные санкции за совершение антиконкурентных действий в отношении хозяйствующих субъектов (субъектов рынка) и должностных лиц органов власти, исходя из принципов эффективности, соразмерности, обеспеченности, неотвратимости и определенности, и обеспечивают контроль за их применением. При этом государства-члены признают, что в случае применения штрафных санкций наиболее высокие штрафные санкции должны устанавливаться за нарушения, представляющие наибольшую угрозу для конкуренции (ограничивающие конкуренцию соглашения, злоупотребление доминирующим положением хозяйствующими субъектами (субъектами рынка) государств-членов), при этом предпочтительны штрафные санкции, исчисляемые исходя из суммы выручки правонарушителя от реализации товара или из суммы расходов правонарушителя на приобретение товара, на рынке которого совершено правонарушение.

      7. Государства-члены в соответствии со своим законодательством обеспечивают информационную открытость проводимой ими конкурентной (антимонопольной) политики, в том числе посредством размещения сведений о деятельности уполномоченных органов государств-членов в средствах массовой информации и сети Интернет.

      8. Уполномоченные органы государств-членов в соответствии с законодательством своего государства и настоящим Договором осуществляют взаимодействие путем направления уведомлений, запросов о предоставлении информации, проведения консультаций, информирования о расследованиях (рассмотрении дел), затрагивающих интересы другого государства-члена, проведения расследований (рассмотрении дел) по запросу уполномоченного органа одного из государств-членов и информирования о его результатах.

      Статья 76 Общие правила конкуренции

      1. Запрещаются действия (бездействие) занимающего доминирующее положение хозяйствующего субъекта (субъекта рынка), результатом которых являются или могут являться недопущение, ограничение, устранение конкуренции и (или) ущемление интересов других лиц, в том числе следующие действия (бездействие):

      1) установление, поддержание монопольно высокой или монопольно низкой цены товара;

      2) изъятие товара из обращения, если результатом такого изъятия явилось повышение цены товара;

      3) навязывание контрагенту экономически или технологически не обоснованных условий договора, невыгодных для него или не относящихся к предмету договора;

      4) экономически или технологически не обоснованные сокращение или прекращение производства товара, если на этот товар имеется спрос или размещены заказы на его поставки при наличии возможности его рентабельного производства, а также если такое сокращение или такое прекращение производства товара прямо не предусмотрено настоящим Договором и (или) другими международными договорами государств-членов;

      5) экономически или технологически не обоснованные отказ либо уклонение от заключения договора с отдельными покупателями (заказчиками) в случае наличия возможности производства или поставок соответствующего товара с учетом особенностей, предусмотренных настоящим Договором и (или) другими международными договорами государств-членов;

      6) экономически, технологически или иным образом не обоснованное установление различных цен (тарифов) на один и тот же товар, создание дискриминационных условий с учетом особенностей, предусмотренных настоящим Договором и (или) другими международными договорами государств-членов;

      7) создание препятствий доступу на товарный рынок или выходу из товарного рынка другим хозяйствующим субъектам (субъектам рынка).

      2. Не допускается недобросовестная конкуренция, в том числе:

      1) распространение ложных, неточных или искаженных сведений, которые могут причинить убытки хозяйствующему субъекту (субъекту рынка) либо нанести ущерб его деловой репутации;

      2) введение в заблуждение в отношении характера, способа и места производства, потребительских свойств, качества и количества товара или в отношении его производителей;

      3) некорректное сравнение хозяйствующим субъектом (субъектом рынка) производимых или реализуемых им товаров с товарами, производимыми или реализуемыми другими хозяйствующими субъектами (субъектами рынка).

      3. Запрещаются соглашения между хозяйствующими субъектами (субъектами рынка) государств-членов, являющимися конкурентами, действующими на одном товарном рынке, которые приводят или могут привести к:

      1) установлению или поддержанию цен (тарифов), скидок, надбавок (доплат), наценок;

      2) повышению, снижению или поддержанию цен на торгах;

      3) разделу товарного рынка по территориальному принципу, объему продажи или покупки товаров, ассортименту реализуемых товаров либо составу продавцов или покупателей (заказчиков);

      4) сокращению или прекращению производства товаров;

      5) отказу от заключения договоров с определенными продавцами либо покупателями (заказчиками).

      4. Запрещаются "вертикальные" соглашения между хозяйствующими субъектами (субъектами рынка), за исключением "вертикальных" соглашений, которые признаются допустимыми в соответствии с критериями допустимости, установленными приложением № 19 к настоящему Договору, в случае если:

      1) такие соглашения приводят или могут привести к установлению цены перепродажи товара, за исключением случая, когда продавец устанавливает для покупателя максимальную цену перепродажи товара;

      2) такими соглашениями предусмотрено обязательство покупателя не продавать товар хозяйствующего субъекта (субъекта рынка), который является конкурентом продавца. Такой запрет не распространяется на соглашения об организации покупателем продажи товаров под товарным знаком либо иным средством индивидуализации продавца или производителя.

      5. Запрещаются иные соглашения между хозяйствующими субъектами (субъектами рынка), за исключением "вертикальных" соглашений, которые признаются допустимыми в соответствии с критериями допустимости, установленными приложением № 19 к настоящему Договору, в случае если установлено, что такие соглашения приводят или могут привести к ограничению конкуренции.

      6. Физическим лицам, коммерческим организациям и некоммерческим организациям запрещается осуществлять координацию экономической деятельности хозяйствующих субъектов (субъектов рынка) государств-членов, если такая координация приводит или может привести к любому из указанных в пунктах 3 и 4 настоящей статьи последствий, которые не могут быть признаны допустимыми в соответствии с критериями допустимости, установленными приложением № 19 к настоящему Договору. Государства-члены вправе устанавливать в своем законодательстве запрет на координацию экономической деятельности, если такая координация приводит или может привести к последствиям, указанным также в пункте 5 настоящей статьи, которые не могут быть признаны допустимыми в соответствии с критериями допустимости, установленными приложением № 19 к настоящему Договору.

      7. Пресечение нарушений хозяйствующими субъектами (субъектами рынка) государств-членов, а также физическими лицами и некоммерческими организациями государств-членов, не осуществляющими предпринимательскую деятельность, общих правил конкуренции, установленных настоящим разделом, в случае если такие нарушения оказывают или могут оказать негативное влияние на конкуренцию на трансграничных рынках на территориях двух и более государств-членов, за исключением финансовых рынков, осуществляется Комиссией в порядке, предусмотренном приложением № 19 к настоящему Договору.

      Статья 77 Государственное ценовое регулирование

      Порядок введения государственного ценового регулирования, а также оспаривания решений государств-членов о его введении определяются приложением № 19 к настоящему Договору.

Раздел XIX
ЕСТЕСТВЕННЫЕ МОНОПОЛИИ

Статья 78 Сферы и субъекты естественных монополий

      1. Государства-члены при регулировании деятельности субъектов естественных монополий руководствуются нормами и положениями, предусмотренными приложением № 20 к настоящему Договору.

      2. Положения настоящего раздела распространяются на отношения с участием субъектов естественных монополий, потребителей, органов исполнительной власти и органов местного самоуправления государств-членов в сферах естественных монополий, оказывающих влияние на торговлю между государствами-членами и указанных в приложении № 1 к приложению № 20 к настоящему Договору.

      3. Правоотношения в конкретных сферах естественных монополий определяются настоящим разделом с учетом особенностей, предусмотренных разделами XX и XXI настоящего Договора.

      4. В государствах-членах к сферам естественных монополий относятся также сферы естественных монополий, указанные в приложении № 2 к приложению № 20 к настоящему Договору.

      В отношении сфер естественных монополий, указанных в приложении № 2 к приложению № 20 к настоящему Договору, применяются требования законодательства государств-членов.

      5. Перечень услуг субъектов естественных монополий, относимых к сферам естественных монополий, устанавливается законодательством государств-членов.

      6. Государства-члены стремятся к гармонизации сфер естественных монополий, указанных в приложениях № 1 и 2 к приложению № 20 к настоящему Договору, путем их сокращения и с возможным определением переходного периода в разделах XX и XXI настоящего Договора.

      7. Расширение сфер естественных монополий в государствах-членах осуществляется:

      в соответствии с законодательством государств-членов в случае, если государство-член намерено отнести к сфере естественных монополий сферу, которая является сферой естественной монополии в другом государстве-члене и приведена в приложении № 1 или 2 к приложению № 20 к настоящем Договору;

      по решению Комиссии в случае, если к сфере естественных монополий государство-член намерено отнести иную сферу естественных монополий, не указанную в приложении № 1 или 2 к приложению № 20 к настоящему Договору, после соответствующего обращения этого государства-члена в Комиссию.

      8. Настоящий раздел не распространяется на отношения, урегулированные действующими двусторонними международными договорами между государствами-членами. Вновь заключаемые двусторонние международные договоры между государствами-членами не могут противоречить настоящему разделу.

      9. Положения раздела XVIII настоящего Договора применяются к субъектам естественных монополий с учетом особенностей, предусмотренных настоящим разделом.

Раздел XX
ЭНЕРГЕТИКА

Статья 79 Взаимодействие государств-членов в сфере энергетики

      1. В целях эффективного использования потенциала топливно-энергетических комплексов государств-членов, а также обеспечения национальных экономик основными видами энергетических ресурсов (электроэнергия, газ, нефть и нефтепродукты), государства-члены развивают долгосрочное взаимовыгодное сотрудничество в сфере энергетики, проводят скоординированную энергетическую политику, осуществляют поэтапное формирование общих рынков энергетических ресурсов в соответствии с международными договорами, предусмотренными в статьях 81, 83 и 84 настоящего Договора, с учетом обеспечения энергетической безопасности, исходя из следующих основных принципов:

      1) обеспечение рыночного ценообразования на энергетические ресурсы;

      2) обеспечение развития конкуренции на общих рынках энергетических ресурсов;

      3) отсутствие технических, административных и прочих препятствий торговле энергетическими ресурсами, соответствующим оборудованием, технологиями и связанными с ними услугами;

      4) обеспечение развития транспортной инфраструктуры общих рынков энергетических ресурсов;

      5) обеспечение недискриминационных условий для хозяйствующих субъектов государств-членов на общих рынках энергетических ресурсов;

      6) создание благоприятных условий для привлечения инвестиций в энергетический комплекс государств-членов;

      7) гармонизация национальных норм и правил функционирования технологической и коммерческой инфраструктуры общих рынков энергетических ресурсов.

      2. К отношениям хозяйствующих субъектов государств-членов, осуществляющих свою деятельность в сферах электроэнергетики, газа, нефти и нефтепродуктов, не урегулированным настоящим разделом, применяется законодательство государств-членов.

      3. Положения раздела XVIII настоящего Договора в отношении деятельности хозяйствующих субъектов государств-членов в сферах электроэнергетики, газа, нефти и нефтепродуктов применяются с учетом особенностей, предусмотренных настоящим разделом и разделом XIX настоящего Договора.

      Статья 80 Индикативные (прогнозные) балансы газа, нефти и нефтепродуктов

      1. В целях эффективного использования совокупного энергетического потенциала и оптимизации межгосударственных поставок энергетических ресурсов уполномоченные органы государств-членов разрабатывают и согласовывают:

      индикативный (прогнозный) баланс газа Союза;

      индикативный (прогнозный) баланс нефти Союза;

      индикативные (прогнозные) балансы нефтепродуктов Союза.

      2. Разработка указанных в пункте 1 настоящей статьи балансов осуществляется с участием Комиссии и в соответствии с методологией формирования индикативных (прогнозных) балансов газа, нефти и нефтепродуктов, разрабатываемой в срок, предусмотренный пунктом 1 статьи 104 настоящего Договора, и согласовываемой уполномоченными органами государств-членов.

Статья 81 Формирование, функционирование и развитие общего электроэнергетического рынка Союза

      Формирование, функционирование и развитие общего электроэнергетического рынка Союза осуществляются на основе принципов и правил согласно приложению № 21 к настоящему Договору с учетом пункта 8 статьи 104 настоящего Договора.

      Сноска. Статья 81 – в редакции Закона РК от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).

      Статья 82 Обеспечение доступа к услугам субъектов естественных монополий в сфере электроэнергетики

      1. В пределах имеющейся технической возможности государства-члены обеспечивают беспрепятственный доступ к услугам субъектов естественных монополий в сфере электроэнергетики при условии приоритетного использования указанных услуг для обеспечения внутренних потребностей в электрической энергии (мощности) государств-членов в соответствии с приложением № 21 к настоящему Договору и актом органа Союза, предусмотренным пунктом 5 указанного приложения.

      2. Утратил силу Законом РК от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).
      Сноска. Статья 82 с изменениями, внесенными Законом РК от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).

      Статья 83 Формирование общего рынка газа Союза и обеспечение доступа к услугам субъектов естественных монополий в сфере транспортировки газа

      1. Государства-члены осуществляют поэтапное формирование общего рынка газа Союза согласно приложению № 22 с учетом переходных положений, предусмотренных пунктами 4 и 5 статьи 104 настоящего Договора.

      2. Государства-члены разрабатывают концепцию и программу формирования общего рынка газа Союза, утверждаемые Высшим советом.

      3. Государства-члены заключают международный договор в рамках Союза о формировании общего рынка газа, базирующийся на положениях утвержденных концепции и программы формирования общего рынка газа Союза.

      4. Государства-члены в пределах имеющихся технических возможностей, свободных мощностей газотранспортных систем с учетом согласованного индикативного (прогнозного) баланса газа Союза и на основании гражданско-правовых договоров хозяйствующих субъектов обеспечивают беспрепятственный доступ хозяйствующих субъектов других государств-членов к газотранспортным системам, расположенным на территориях государств-членов, для транспортировки газа на основе единых принципов, условий и правил, предусмотренных приложением № 22 к настоящему Договору.

      Статья 84 Формирование общих рынков нефти и нефтепродуктов Союза и обеспечение доступа к услугам субъектов естественных монополий в сфере транспортировки нефти и нефтепродуктов

      1. Государства-члены осуществляют поэтапное формирование общих рынков нефти и нефтепродуктов Союза согласно приложению № 23 к настоящему Договору с учетом переходных положений, предусмотренных пунктами 6 и 7 статьи 104 настоящего Договора.

      2. Государства-члены разрабатывают концепцию и программу формирования общих рынков нефти и нефтепродуктов Союза, утверждаемые Высшим советом.

      3. Государства-члены заключают международный договор в рамках Союза о формировании общих рынков нефти и нефтепродуктов, базирующийся на положениях утвержденных концепции и программы формирования общих рынков нефти и нефтепродуктов Союза.

      4. Государства-члены в пределах имеющихся технических возможностей с учетом согласованного индикативного (прогнозного) баланса нефти Союза, согласованных индикативных (прогнозных) балансов нефтепродуктов Союза и на основании гражданско-правовых договоров хозяйствующих субъектов обеспечивают беспрепятственный доступ хозяйствующих субъектов других государств-членов к системам транспортировки нефти и нефтепродуктов, расположенным на территориях государств-членов, на основе единых принципов, условий и правил, предусмотренных приложением № 23 к настоящему Договору.

Статья 85 Полномочия Комиссии в сфере энергетики

      В сфере энергетики Комиссия осуществляет:

      мониторинг за исполнением настоящего раздела;

      организационно-техническое обеспечение взаимодействия государственных органов государств-членов, уполномоченных на регулирование в сфере энергетики, организаций технологической и коммерческой инфраструктуры и участников рынков энергетических ресурсов государств-членов при формировании и функционировании общих рынков энергетических ресурсов;

      мониторинг реализации актов органов Союза, касающихся формирования общих рынков энергетических ресурсов.

      Сноска. Статья 85 в редакции Закона РК от 15.02.2021 № 6-VII.

Раздел XXI
ТРАНСПОРТ

Статья 86 Скоординированная (согласованная) транспортная политика

      1. В Союзе осуществляется скоординированная (согласованная) транспортная политика, направленная на обеспечение экономической интеграции, последовательное и поэтапное формирование единого транспортного пространства на принципах конкуренции, открытости, безопасности, надежности, доступности и экологичности.

      2. Задачами скоординированной (согласованной) транспортной политики являются:

      1) создание общего рынка транспортных услуг;

      2) принятие согласованных мер по обеспечению общих преимуществ в сфере транспорта и реализации лучших практик;

      3) интеграция транспортных систем государств-членов в мировую транспортную систему;

      4) эффективное использование транзитного потенциала государств-членов;

      5) повышение качества транспортных услуг;

      6) обеспечение безопасности на транспорте;

      7) снижение вредного воздействия транспорта на окружающую среду и здоровье человека;

      8) формирование благоприятного инвестиционного климата.

      3. Основными приоритетами скоординированной (согласованной) транспортной политики являются:

      1) формирование единого транспортного пространства;

      2) создание и развитие евразийских транспортных коридоров;

      3) реализация и развитие транзитного потенциала в рамках Союза;

      4) координация развития транспортной инфраструктуры;

      5) создание логистических центров и транспортных организаций, обеспечивающих оптимизацию процессов перевозки;

      6) привлечение и использование кадрового потенциала государств-членов;

      7) развитие науки и инноваций в сфере транспорта.

      4. Скоординированная (согласованная) транспортная политика формируется государствами-членами.

      5. Основные направления и этапы реализации скоординированной (согласованной) транспортной политики определяются Высшим советом.

      6. Мониторинг реализации государствами-членами скоординированной (согласованной) транспортной политики осуществляется Комиссией.

      Статья 87 Сфера применения

      1. Положения настоящего раздела применяются к автомобильному, воздушному, водному и железнодорожному транспорту с учетом положений разделов XVIII и XIX настоящего Договора и особенностей, предусмотренных приложением № 24 к настоящему Договору.

      2. Государства-члены стремятся к поэтапной либерализации транспортных услуг между государствами-членами.

      Порядок, условия и этапность либерализации определяются международными договорами в рамках Союза с учетом особенностей, предусмотренных приложением № 24 к настоящему Договору.

      3. Требования к безопасности на транспорте (транспортной безопасности и безопасности эксплуатации транспорта) определяются законодательством государств-членов и международными договорами.

Раздел XXII
ГОСУДАРСТВЕННЫЕ (МУНИЦИПАЛЬНЫЕ) ЗАКУПКИ

Статья 88 Цели и принципы регулирования в сфере государственных (муниципальных) закупок

      1. Государства-члены определяют следующие цели и принципы регулирования в сфере государственных (муниципальных) закупок (далее - закупки):

      регулирование отношений в сфере закупок законодательством государства-члена о закупках и международными договорами государств-членов;

      обеспечение оптимального и эффективного расходования средств, используемых для закупок в государствах-членах;

      предоставление государствам-членам национального режима в сфере закупок;

      недопустимость предоставления третьим странам режима в сфере закупок более благоприятного, чем предоставляемый государствам-членам;

      обеспечение информационной открытости и прозрачности закупок;

      обеспечение беспрепятственного доступа потенциальных поставщиков и поставщиков государств-членов к участию в закупках, проводимых в электронном формате, путем взаимного признания электронной цифровой подписи, изготовленной в соответствии с законодательством одного государства-члена, другим государством-членом;

      обеспечение наличия органа (органов) государства-члена, осуществляющего функции регулирования и (или) контроля в сфере закупок;

      установление ответственности за нарушение законодательства государств-членов о закупках;

      развитие конкуренции, а также противодействие коррупции и другим злоупотреблениям в сфере закупок.

      2. Действие настоящего Договора не распространяется на закупки, сведения о которых в соответствии с законодательством государства-члена составляют государственную тайну (государственные секреты).

      3. Закупки в государствах-членах осуществляются согласно приложению № 25 к настоящему Договору.

      4. Действие настоящего раздела не распространяется на закупки, осуществляемые национальными (центральными) банками государств-членов, с учетом положений абзацев второго - четвертого настоящего пункта.

      Национальные (центральные) банки государств-членов осуществляют закупки для обеспечения административно-хозяйственных нужд, выполнения строительных работ и капитального ремонта в соответствии со своими внутренними правилами осуществления закупок (далее - положение о закупках). Положение о закупках не должно противоречить целям и принципам, изложенным в настоящей статье, в том числе должно обеспечивать равный доступ потенциальным поставщикам государств-членов. В исключительных случаях решением высшего органа национального (центрального) банка могут быть установлены изъятия из указанных принципов.

      Положение о закупках должно содержать требования к закупкам, в том числе порядок подготовки и проведения процедур закупок (включая способы закупки) и условия их применения, порядок заключения договоров (контрактов).

      При этом положение о закупках и информация о планируемых и осуществленных национальными (центральными) банками государств-членов закупках размещается на официальных сайтах национальных (центральных) банков государств-членов в сети Интернет в порядке, определяемом положением о закупках.

      Сноска. Статья 88 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

Раздел XXIII
ИНТЕЛЛЕКТУАЛЬНАЯ СОБСТВЕННОСТЬ

Статья 89 Общие положения

      1. Государства-члены осуществляют сотрудничество в сфере охраны и защиты прав на объекты интеллектуальной собственности и обеспечивают на своей территории охрану и защиту прав на них в соответствии с нормами международного права, международными договорами и актами, составляющими право Союза, и законодательством государств-членов.

      Сотрудничество государств-членов осуществляется для решения следующих основных задач:

      гармонизация законодательства государств-членов в сфере охраны и защиты прав на объекты интеллектуальной собственности;

      защита интересов обладателей прав на объекты интеллектуальной собственности государств-членов.

      2. Сотрудничество государств-членов осуществляется по следующим основным направлениям:

      1) поддержка научного и инновационного развития;

      2) совершенствование механизмов коммерциализации и использования объектов интеллектуальной собственности;

      3) предоставление благоприятных условий для обладателей авторского права и смежных прав государств-членов;

      4) введение системы регистрации товарных знаков и знаков обслуживания Евразийского экономического союза и наименований мест происхождения товаров Евразийского экономического союза;

      5) обеспечение защиты прав на объекты интеллектуальной собственности, в том числе в сети Интернет;

      6) обеспечение эффективной таможенной защиты прав на объекты интеллектуальной собственности, в том числе посредством ведения единого таможенного реестра объектов интеллектуальной собственности государств-членов;

      7) осуществление скоординированных мер, направленных на предотвращение и пресечение оборота контрафактной продукции.

      3. В целях обеспечения эффективной охраны и защиты прав на объекты интеллектуальной собственности проводятся консультации государств-членов, организуемые Комиссией.

      По результатам консультаций разрабатываются предложения по решению выявленных в ходе сотрудничества государств-членов проблемных вопросов.

      Статья 90 Правовой режим объектов интеллектуальной собственности

      1. Лицам одного государства-члена на территории другого государства-члена предоставляется национальный режим в том, что касается правового режима объектов интеллектуальной собственности. Законодательством государства-члена могут быть предусмотрены исключения из национального режима в отношении судебных и административных процедур, включая указание адреса для переписки и назначение представителя.

      2. Государства-члены могут предусматривать в своем законодательстве нормы, которые обеспечивают больший уровень охраны и защиты прав на объекты интеллектуальной собственности, чем это предусматривается в международных правовых актах, применимых к государствам-членам, а также в международных договорах и актах, составляющих право Союза.

      3. Государства-члены осуществляют деятельность в сфере охраны и защиты прав на объекты интеллектуальной собственности в соответствии с нормами следующих основополагающих международных договоров:

      Бернская конвенция по охране литературных и художественных произведений от 9 сентября 1886 года (в редакции 1971 года);

      Будапештский договор о международном признании депонирования микроорганизмов для целей патентной процедуры от 28 апреля 1977 года;

      Договор Всемирной организации интеллектуальной собственности по авторскому праву от 20 декабря 1996 года;

      Договор Всемирной организации интеллектуальной собственности по исполнениям и фонограммам от 20 декабря 1996 года;

      Договор о патентном праве от 1 июня 2000 года;

      Договор о патентной кооперации от 19 июня 1970 года;

      Конвенция об охране интересов производителей фонограмм от незаконного воспроизводства их фонограмм от 29 октября 1971 года;

      Мадридское соглашение о международной регистрации знаков от 14 апреля 1891 года и Протокол к Мадридскому соглашению о международной регистрации знаков от 28 июня 1989 года;

      Международная конвенция об охране прав исполнителей, изготовителей фонограмм и вещательных организаций от 26 октября 1961 года;

      Парижская конвенция по охране промышленной собственности от 20 марта 1883 года;

      Сингапурский Договор о законах по товарным знакам от 27 марта 2006 года.

      Государства-члены, не являющиеся участниками указанных международных договоров, принимают на себя обязательство по присоединению к ним.

      4. Регулирование отношений в сфере охраны и защиты прав на объекты интеллектуальной собственности, включая определение особенностей правового режима применительно к отдельным видам объектов интеллектуальной собственности, осуществляется согласно приложению № 26 к настоящему Договору.

      Статья 91 Правоприменение

      1. Государства-члены осуществляют правоприменительные меры по обеспечению эффективной защиты прав на объекты интеллектуальной собственности.

      2. Государства-члены осуществляют действия по защите прав на объекты интеллектуальной собственности, в том числе в соответствии с Таможенным кодексом Евразийского экономического союза, а также с регулирующими таможенные правоотношения международными договорами и актами, составляющими право Союза.

      3. Уполномоченные органы государств-членов, наделенные полномочиями в сфере защиты прав на объекты интеллектуальной собственности, осуществляют сотрудничество и взаимодействие в целях координации действий по предупреждению, выявлению и пресечению нарушений прав на объекты интеллектуальной собственности на территориях государств-членов.

Раздел XXIV
ПРОМЫШЛЕННОСТЬ

Статья 92 Промышленная политика и сотрудничество

      1. Государства-члены самостоятельно разрабатывают, формируют и реализуют национальные промышленные политики, в том числе принимают национальные программы развития промышленности и иные меры промышленной политики, а также определяют способы, формы и направления предоставления промышленных субсидий, не противоречащие статье 93 настоящего Договора.

      Промышленная политика в рамках Союза формируется государствами-членами по основным направлениям промышленного сотрудничества, утверждаемым Межправительственным советом, и осуществляется ими при консультативной поддержке и координации Комиссии.

      2. Промышленная политика в рамках Союза осуществляется государствами-членами на основе следующих принципов:

      1) равноправие и учет национальных интересов государств-членов;

      2) взаимовыгодность;

      3) добросовестная конкуренция;

      4) недискриминация;

      5) транспарентность.

      3. Целями осуществления промышленной политики в рамках Союза являются ускорение и повышение устойчивости промышленного развития, повышение конкурентоспособности промышленных комплексов государств-членов, осуществление эффективного сотрудничества, направленного на повышение инновационной активности, устранение барьеров в промышленной сфере, в том числе на пути движения промышленных товаров государств-членов.

      4. Государства-члены для достижения целей осуществления промышленной политики в рамках Союза могут:

      1) осуществлять взаимное информирование о планах развития промышленности;

      2) проводить регулярные встречи (консультации) представителей уполномоченных органов государств-членов, отвечающих за выработку и осуществление национальной промышленной политики, в том числе на площадке Комиссии;

      3) разрабатывать и реализовывать совместные программы развития приоритетных видов экономической деятельности для промышленного сотрудничества;

      4) разрабатывать и согласовывать перечень чувствительных товаров;

      5) реализовывать совместные проекты, в том числе по развитию инфраструктуры, необходимой для повышения эффективности промышленного сотрудничества и углубления промышленной кооперации государств-членов;

      6) развивать технологические и информационные ресурсы для целей промышленного сотрудничества;

      7) проводить совместные научно-исследовательские и опытно-конструкторские разработки с целью стимулирования высокотехнологичных производств;

      8) реализовывать иные меры, направленные на устранение барьеров и развитие взаимовыгодного сотрудничества.

      5. В случае необходимости по решению Межправительственного совета разрабатываются соответствующие порядки реализации указанных в пункте 4 настоящей статьи мер.

      6. Государствами-членами разрабатываются Основные направления промышленного сотрудничества в рамках Союза (далее - Основные направления), утверждаемые Межправительственным советом и включающие в том числе приоритетные виды экономической деятельности для промышленного сотрудничества и чувствительные товары.

      Комиссия ежегодно проводит мониторинг и анализ результатов реализации Основных направлений и при необходимости готовит по согласованию с государствами-членами предложения по уточнению Основных направлений.

      7. При разработке и реализации политик в торговой, таможенно-тарифной, конкурентной, в области государственных закупок, технического регулирования, развития предпринимательской деятельности, транспорта и инфраструктуры и других сферах учитываются интересы развития промышленности государств-членов.

      8. В отношении чувствительных товаров государства-члены перед принятием мер промышленной политики проводят консультации для взаимного учета позиций.

      Государства-члены обеспечивают предварительное взаимное информирование о планируемых направлениях реализации национальной промышленной политики по утвержденному перечню чувствительных товаров.

      Государства-члены совместно с Комиссией разрабатывают порядок проведения указанных консультаций и (или) взаимного информирования, который утверждается Советом Комиссии.

      9. Для реализации промышленного сотрудничества в рамках Союза государства-члены при консультативной поддержке и координации Комиссии могут разрабатывать и применять следующие инструменты:

      1) стимулирование взаимовыгодной промышленной кооперации в целях создания высокотехнологичной, инновационной и конкурентоспособной продукции;

      2) совместные программы и проекты при участии государств-членов на взаимовыгодной основе;

      3) совместные технологические платформы и промышленные кластеры;

      4) иные инструменты, содействующие развитию промышленного сотрудничества.

      10. Для реализации настоящей статьи государствами-членами с участием Комиссии могут разрабатываться дополнительные документы и механизмы.

      11. Комиссия осуществляет консультативную поддержку и координацию деятельности государств-членов по основным направлениям промышленного сотрудничества в пределах полномочий, определенных настоящим Договором, согласно приложению № 27 к настоящему Договору.

      Для целей настоящей статьи используются понятия в соответствии с приложением № 27 к настоящему Договору.

      Статья 93 Промышленные субсидии

      1. В целях обеспечения условий для стабильного и эффективного развития экономик государств-членов, а также условий, способствующих развитию взаимной торговли и добросовестной конкуренции между государствами-членами, на территориях государств-членов действуют единые правила предоставления субсидий в отношении промышленных товаров, в том числе при предоставлении или получении услуг, которые непосредственно связаны с производством, сбытом и потреблением промышленных товаров, согласно приложению № 28 к настоящему Договору.

      2. Обязательства государств-членов, вытекающие из положений настоящей статьи и приложения № 28 к настоящему Договору, не распространяются на правоотношения государств-членов с третьими странами.

      3. Для целей настоящей статьи под субсидией понимается:

      а) финансовое содействие, которое оказывается субсидирующим органом государства-члена (или уполномоченной государством-членом структурой), в результате которого создаются (обеспечиваются) преимущества и которое осуществляется посредством:

      прямого перевода денежных средств (например, в виде невозвратных ссуд, кредитов), или приобретения доли в уставном капитале, или его увеличения, или обязательства по переводу таких средств (например, гарантии по кредитам);

      полного или частичного отказа от взимания платежей, которые должны были бы поступать в доход государства-члена (например, налоговые льготы, списание долга). При этом освобождение экспортируемого промышленного товара от пошлин и налогов, взимаемых с аналогичного товара, предназначенного для внутреннего потребления, либо уменьшение таких пошлин и налогов, либо возврат таких пошлин и налогов в размере, не превышающем фактически начисленной суммы, не рассматривается как субсидия;

      предоставления товаров или услуг (за исключением промышленных товаров или услуг, предназначенных для поддержания и развития общей инфраструктуры);

      приобретения промышленных товаров;

      б) любая другая форма поддержки доходов или цен, которая действует (прямо или косвенно) на сокращение ввоза промышленного товара с территории любого государства-члена или на увеличение вывоза промышленного товара на территорию любого государства-члена, в результате чего предоставляется преимущество.

      Виды субсидий предусмотрены приложением № 28 к настоящему Договору.

      4. Субсидирующий орган может поручить или предписать любой другой организации выполнить одну или несколько возложенных на него функций, относящихся к предоставлению субсидий. Действия такой организации рассматриваются в качестве действий субсидирующего органа.

      Акты главы государства-члена, направленные на предоставление субсидий, рассматриваются в качестве действий субсидирующего органа.

      5. Расследование в целях анализа соответствия субсидий, предоставляемых на территории государства-члена, положениям настоящей статьи и приложения № 28 к настоящему Договору проводится согласно порядку, предусмотренному приложением № 28 к настоящему Договору.

      6. Комиссия обеспечивает контроль за реализацией положений настоящей статьи и приложения № 28 к настоящему Договору и наделяется следующими полномочиями:

      1) осуществление мониторинга и проведение сравнительно-правового анализа законодательства государств-членов на предмет соответствия положениям настоящего Договора в отношении предоставления субсидий, а также подготовка ежегодных отчетов о соблюдении государствами-членами положений настоящей статьи и приложения № 28 к настоящему Договору;

      2) содействие в организации консультаций государств-членов по вопросам гармонизации и унификации законодательства государств-членов в сфере предоставления субсидий;

      3) принятие обязательных для исполнения государствами-членами решений, предусмотренных приложением № 28 к настоящему Договору, по итогам процедуры добровольного согласования планируемых к предоставлению и предоставленных специфических субсидий, в том числе:

      принятие решений о допустимости или недопустимости специфических субсидий в соответствии с пунктом 6 приложения № 28 к настоящему Договору на основании критериев, определенных международным договором в рамках Союза, предусмотренным пунктом 7 приложения № 28 к настоящему Договору;

      проведение разбирательства по фактам предоставления специфических субсидий и принятие обязательных в отношении них решений в случаях, определенных международным договором в рамках Союза, предусмотренным пунктом 7 приложения № 28 к настоящему Договору;

      разрешение разногласий по вопросам, касающимся реализации положений настоящей статьи и приложения № 28 к настоящему Договору, и предоставление разъяснений по их применению;

      4) направление запросов и получение информации о предоставляемых субсидиях в порядке и на условиях, которые устанавливаются международным договором в рамках Союза, предусмотренным пунктом 7 приложения № 28 к настоящему Договору.

      Применение подпунктов 3 и 4 настоящего пункта осуществляется с учетом переходных положений, предусмотренных пунктом 1 статьи 105 настоящего Договора.

      7. Споры в отношении положений настоящей статьи и приложения № 28 к настоящему Договору в первую очередь разрешаются путем проведения переговоров и консультаций. Если спор не будет урегулирован путем проведения переговоров и консультаций в течение 60 календарных дней с даты официальной письменной просьбы об их проведении, направленной государством-членом, инициировавшим спор, государству-ответчику, то государство-истец имеет право обратиться в Суд Союза.

      В случае если решения Суда Союза не выполняются в течение установленного периода времени или если Суд Союза решает, что меры, о которых уведомило государство-ответчик, не соответствуют положениям настоящей статьи и приложения № 28 к настоящему Договору, то государство-истец вправе принять соразмерные ответные меры.

      8. Срок, в течение которого государства-члены могут оспорить специфическую субсидию, предоставленную в нарушение приложения № 28 к настоящему Договору, составляет 5 лет с даты предоставления специфической субсидии.

Раздел XXV
АГРОПРОМЫШЛЕННЫЙ КОМПЛЕКС

Статья 94 Цели и задачи согласованной (скоординированной) агропромышленной политики

      1. В целях обеспечения развития агропромышленного комплекса и сельской местности в интересах населения каждого государства-члена и Союза в целом, а также экономической интеграции в рамках Союза проводится согласованная (скоординированная) агропромышленная политика, предполагающая в том числе применение механизмов регулирования, предусмотренных настоящим Договором и другими международными договорами в рамках Союза в сфере агропромышленного комплекса, взаимное предоставление государствами-членами друг другу и в Комиссию планов (программ) развития производства по каждому из чувствительных сельскохозяйственных товаров, перечень которых формируется на основании предложений государств-членов и утверждается Советом Комиссии.

      2. Основной целью согласованной (скоординированной) агропромышленной политики является эффективная реализация ресурсного потенциала государств-членов для оптимизации объемов производства конкурентоспособной сельскохозяйственной продукции и продовольствия, удовлетворения потребностей общего аграрного рынка, а также наращивания экспорта сельскохозяйственной продукции и продовольствия.

      3. Реализация согласованной (скоординированной) агропромышленной политики обеспечивает решение следующих задач:

      1) сбалансированное развитие производства и рынков сельскохозяйственной продукции и продовольствия;

      2) обеспечение справедливой конкуренции между субъектами государств-членов, в том числе равных условий доступа на общий аграрный рынок;

      3) унификация требований, связанных с обращением сельскохозяйственной продукции и продовольствия;

      4) защита интересов производителей государств-членов на внутреннем и внешнем рынках.

      Статья 95 Основные направления согласованной (скоординированной) агропромышленной политики и меры государственной поддержки сельского хозяйства

      1. Решение задач согласованной (скоординированной) агропромышленной политики предполагает использование механизмов межгосударственного взаимодействия по следующим основным направлениям:

      1) прогнозирование в агропромышленном комплексе;

      2) государственная поддержка сельского хозяйства;

      3) регулирование общего аграрного рынка;

      4) единые требования в сфере производства и обращения продукции;

      5) развитие экспорта сельскохозяйственной продукции и продовольствия;

      6) научное и инновационное развитие агропромышленного комплекса;

      7) интегрированное информационное обеспечение агропромышленного комплекса.

      2. Для реализации мер согласованной (скоординированной) агропромышленной политики проводятся регулярные консультации представителей государств-членов, организуемые Комиссией, в том числе по чувствительным сельскохозяйственным товарам, не реже одного раза в год. По результатам консультаций разрабатываются рекомендации по реализации согласованной (скоординированной) агропромышленной политики в рамках основных направлений, определенных в пункте 1 настоящей статьи.

      3. При проведении согласованной (скоординированной) агропромышленной политики государства-члены учитывают особый характер деятельности в области сельского хозяйства, обусловленный не только производственной, экономической, но и социальной значимостью отрасли, структурными и природно-климатическими различиями между регионами и территориями государств-членов.

      4. Реализация политики в других сферах интеграционного взаимодействия, в том числе в сфере обеспечения санитарных, фитосанитарных и ветеринарных (ветеринарно-санитарных) мер в отношении сельскохозяйственной продукции и продовольствия, осуществляется с учетом целей, задач и направлений согласованной (скоординированной) агропромышленной политики.

      5. В рамках Союза государственная поддержка сельского хозяйства осуществляется в соответствии с подходами согласно приложению № 29 к настоящему Договору.

      6. Споры в отношении настоящей статьи и приложения № 29 к настоящему Договору в первую очередь разрешаются путем проведения переговоров и консультаций при участии Комиссии. Если спор не будет урегулирован путем переговоров и консультаций в течение 60 календарных дней с даты официальной письменной просьбы об их проведении, направленной государством-членом, инициировавшим спор, государству-члену, выступающему в качестве ответчика, то государство-член, являющееся истцом, имеет право обратиться в Суд Союза. При направлении официальной письменной просьбы о проведении переговоров и консультаций государство-член, являющееся истцом, в течение 10 календарных дней с даты направления такой просьбы информирует об этом Комиссию.

      7. Для реализации согласованной (скоординированной) агропромышленной политики Комиссия осуществляет:

      1) совместно с государствами-членами разработку, координацию и реализацию основных направлений согласованной (скоординированной) агропромышленной политики в рамках представленных полномочий;

      2) координацию деятельности при подготовке государствами-членами совместных прогнозов развития агропромышленного комплекса, спроса и предложения в отношении сельскохозяйственной продукции и продовольствия;

      3) координацию взаимного предоставления государствами-членами программ развития агропромышленного комплекса и отдельных его отраслей;

      4) мониторинг развития агропромышленных комплексов государств-членов, применения государствами-членами мер государственного регулирования агропромышленных комплексов, в том числе мер государственной поддержки сельского хозяйства;

      5) ценовой мониторинг и анализ конкурентоспособности производимой продукции по согласованной государствами-членами номенклатуре;

      6) содействие в организации консультаций и переговоров по вопросам гармонизации законодательства государств-членов в сфере агропромышленного комплекса, в том числе законодательства в области государственной поддержки сельского хозяйства, а также по вопросам разрешения споров, связанных с соблюдением обязательств в области государственной поддержки сельского хозяйства;

      7) мониторинг и проведение сравнительно-правового анализа законодательства государств-членов в области государственной поддержки сельского хозяйства на предмет его соответствия обязательствам в рамках Союза;

      8) подготовку и предоставление государствам-членам обзоров государственной политики в сфере агропромышленного комплекса и государственной поддержки сельского хозяйства в государствах-членах, включая рекомендации по повышению эффективности государственной поддержки;

      9) оказание содействия государствам-членам по вопросам, связанным с расчетом объемов государственной поддержки сельского хозяйства;

      10) подготовку совместно с государствами-членами рекомендаций по осуществлению согласованных действий, направленных на развитие экспортного потенциала в сфере агропромышленного комплекса;

      11) координацию действий при осуществлении государствами-членами совместной научно-инновационной деятельности в сфере агропромышленного комплекса, в том числе в рамках реализации государствами-членами межгосударственных программ;

      12) координацию разработки и реализации государствами-членами унифицированных требований в отношении условий ввоза, вывоза и перемещения по таможенной территории Союза племенной продукции, методик определения племенной ценности племенных животных, а также форм племенных свидетельств (сертификатов, паспортов);

      13) координацию разработки и реализации унифицированных требований в сфере испытания сортов и семеноводства сельскохозяйственных растений, а также взаимного признания государствами-членами документов, удостоверяющих сортовые и посевные качества семян;

      14) оказание содействия в обеспечении равных конкурентных условий в рамках основных направлений согласованной (скоординированной) агропромышленной политики.

Раздел XXVI
ТРУДОВАЯ МИГРАЦИЯ

Статья 96 Сотрудничество государств-членов в сфере трудовой миграции

      1. Государства-члены осуществляют сотрудничество по согласованию политики в сфере регулирования трудовой миграции в рамках Союза, а также по оказанию содействия организованному набору и привлечению трудящихся государств-членов для осуществления ими трудовой деятельности в государствах-членах.

      2. Сотрудничество государств-членов в сфере трудовой миграции осуществляется путем взаимодействия государственных органов государств-членов, к компетенции которых относятся соответствующие вопросы.

      3. Сотрудничество государств-членов в сфере трудовой миграции в рамках Союза осуществляется в следующих формах:

      1) согласование общих подходов и принципов в сфере трудовой миграции;

      2) обмен нормативными правовыми актами;

      3) обмен информацией;

      4) реализация мер, направленных на предотвращение распространения недостоверной информации;

      5) обмен опытом, проведение стажировок, семинаров и учебных курсов;

      6) сотрудничество в рамках консультативных органов.

      4. По согласованию государств-членов могут быть определены иные формы сотрудничества в сфере миграции.

      5. Понятия, используемые в настоящем разделе, означают следующее:

      "государство въезда" - государство-член, на территорию которого следует гражданин другого государства-члена;

      "государство постоянного проживания" - государство-член, гражданином которого является трудящийся государства-члена;

      "государство трудоустройства" - государство-член, на территории которого осуществляется трудовая деятельность;

      "документы об образовании" - документы государственного образца об образовании, а также документы об образовании, признаваемые на уровне государственных документов об образовании;

      "заказчик работ (услуг)" - юридическое или физическое лицо, которое предоставляет трудящемуся государства-члена работу на основании заключенного с ним гражданско-правового договора в порядке и на условиях, которые предусмотрены законодательством государства трудоустройства;

      "миграционная карта (карточка)" - документ, который содержит сведения о гражданине государства-члена, въезжающем на территорию другого государства-члена, и служит для учета и контроля за его временным пребыванием на территории государства въезда;

      "работодатель" - юридическое или физическое лицо, которое предоставляет трудящемуся государства-члена работу на основании заключенного с ним трудового договора в порядке и на условиях, которые предусмотрены законодательством государства трудоустройства;

      "социальное обеспечение (социальное страхование)" - обязательное страхование на случай временной нетрудоспособности и в связи с материнством, обязательное страхование от несчастных случаев на производстве и профессиональных заболеваний и обязательное медицинское страхование;

      "трудовая деятельность" - деятельность на основании трудового договора или деятельность по выполнению работ (оказанию услуг) на основании гражданско-правового договора, осуществляемая на территории государства трудоустройства в соответствии с законодательством этого государства;

      "трудящийся государства-члена" - лицо, являющееся гражданином государства-члена, законно находящееся и на законном основании осуществляющее трудовую деятельность на территории государства трудоустройства, гражданином которого оно не является и в котором постоянно не проживает;

      "член семьи" - лицо, состоящее в браке с трудящимся государства-члена, а также находящиеся на его иждивении дети и другие лица, которые признаются членами семьи в соответствии с законодательством государства трудоустройства.

      Статья 97 Трудовая деятельность трудящихся государств-членов

      1. Работодатели и (или) заказчики работ (услуг) государства-члена вправе привлекать к осуществлению трудовой деятельности трудящихся государств-членов без учета ограничений по защите национального рынка труда. При этом трудящимся государств-членов не требуется получение разрешения на осуществление трудовой деятельности в государстве трудоустройства.

      2. Государства-члены не устанавливают и не применяют ограничения, установленные их законодательством в целях защиты национального рынка труда, за исключением ограничений, установленных настоящим Договором и законодательством государств-членов в целях обеспечения национальной безопасности (в том числе в отраслях экономики, имеющих стратегическое значение) и общественного порядка, в отношении осуществляемой трудящимися государств-членов трудовой деятельности, рода занятий и территории пребывания.

      3. В целях осуществления трудящимися государств-членов трудовой деятельности в государстве трудоустройства признаются документы об образовании, выданные образовательными организациями (учреждениями образования, организациями в сфере образования) государств-членов, без проведения установленных законодательством государства трудоустройства процедур признания документов об образовании.

      Трудящиеся одного государства-члена, претендующие на занятие медицинской или фармацевтической деятельностью в другом государстве-члене, проходят установленную законодательством государства трудоустройства процедуру признания документов об образовании и могут быть допущены соответственно к медицинской или фармацевтической деятельности в соответствии с законодательством государства трудоустройства.

      В целях осуществления трудящимися государств-членов трудовой деятельности документы об ученых степенях и ученых званиях, выданные в соответствии с законодательством государств-членов, признаются в государстве трудоустройства в соответствии с отдельными международными договорами в рамках Союза. При отсутствии международных договоров указанные документы признаются в соответствии с законодательством государства трудоустройства.

      Работодатели (заказчики работ (услуг)) вправе запросить нотариальный перевод документов об образовании на язык государства трудоустройства, а также в случае необходимости в целях верификации документов об образовании трудящихся государств-членов направлять запросы, в том числе путем обращения к информационным базам данных, в образовательные организации (учреждения образования, организации в сфере образования), выдавшие документ об образовании, и получать соответствующие ответы.

      4. Трудовая деятельность трудящегося государства-члена регулируется законодательством государства трудоустройства с учетом положений настоящего Договора.

      Граждане государств-членов, законно находящиеся на территории другого государства-члена, при наличии трудового или гражданско-правового договора, заключенного трудящимся государства-члена с работодателем или заказчиком работ (услуг), вправе обратиться в компетентные органы этого государства-члена непосредственно или с использованием информационно-телекоммуникационных сетей общего пользования, в том числе сети Интернет (при наличии такой возможности в государстве трудоустройства), для изменения цели въезда без выезда за пределы государства трудоустройства, если для осуществления трудовой деятельности необходимо изменить цель пребывания в государстве трудоустройства.

      5. Срок временного пребывания (проживания) трудящегося государства-члена и членов семьи на территории государства трудоустройства определяется сроком действия трудового или гражданско-правового договора, заключенного трудящимся государства-члена с работодателем или заказчиком работ (услуг).

      6. Граждане государства-члена, прибывшие в целях осуществления трудовой деятельности или трудоустройства на территорию другого государства-члена, и члены семей освобождаются от обязанности регистрации (постановки на учет) в течение 30 суток с даты въезда.

      В случае пребывания граждан государства-члена на территории другого государства-члена свыше 30 суток с даты въезда, эти граждане обязаны зарегистрироваться (встать на учет) в соответствии с законодательством государства въезда, если такая обязанность установлена законодательством государства въезда.

      7. Граждане государства-члена при въезде на территорию другого государства-члена в случаях, предусмотренных законодательством государства въезда, используют миграционные карты (карточки), если иное не предусмотрено отдельными международными договорами государств-членов.

      8. Граждане государства-члена при въезде на территорию другого государства-члена по одному из действительных документов, допускающему проставление отметок органов пограничного контроля о пересечении государственной границы, при условии, что срок их пребывания не превышает 30 суток с даты въезда, освобождаются от использования миграционной карты (карточки), если такая обязанность установлена законодательством государства въезда.

      9. В случае досрочного расторжения трудового или гражданско-правового договора после истечения 90 суток с даты въезда на территорию государства трудоустройства трудящийся государства-члена имеет право без выезда с территории государства трудоустройства в течение 15 дней заключить новый трудовой или гражданско-правовой договор.

      Сноска. Статья 97 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      Статья 98 Права и обязанности трудящегося государства-члена

      1. Трудящийся государства-члена имеет право на занятие профессиональной деятельностью в соответствии со специальностью и квалификацией, указанных в документах об образовании, документах о присуждении ученой степени и (или) присвоении ученого звания, признаваемых в соответствии с настоящим Договором и законодательством государства трудоустройства.

      2. Трудящийся государства-члена и члены семьи осуществляют в порядке, установленном законодательством государства трудоустройства, право:

      1) на владение, пользование и распоряжение своим имуществом;

      2) на защиту собственности;

      3) на беспрепятственный перевод денежных средств.

      3. Социальное обеспечение (социальное страхование) (кроме пенсионного) трудящихся государств-членов и членов семей осуществляется на тех же условиях и в том же порядке, что и граждан государства трудоустройства.

      Трудовой (страховой) стаж трудящихся государств-членов засчитывается в общий трудовой (страховой) стаж для целей социального обеспечения (социального страхования), кроме пенсионного, в соответствии с законодательством государства трудоустройства.

      Пенсионное обеспечение трудящихся государств-членов и членов семьи регулируется законодательством государства постоянного проживания, а также в соответствии с отдельным международным договором между государствами-членами.

      4. Право трудящихся государств-членов и членов семей на получение скорой медицинской помощи (в экстренной и неотложной формах) и иной медицинской помощи регулируется в порядке согласно приложению № 30, а также законодательством государства трудоустройства и международными договорами, участником которых оно является.

      5. Трудящийся государства-члена имеет право вступать в профессиональные союзы наравне с гражданами государства трудоустройства.

      6. Трудящийся государства-члена имеет право на получение от государственных органов государства трудоустройства (к компетенции которых относятся соответствующие вопросы) и работодателя (заказчика работ (услуг)) информации, касающейся порядка его пребывания, условий осуществления трудовой деятельности, а также прав и обязанностей, предусмотренных законодательством государства трудоустройства.

      7. По требованию трудящегося государства-члена (в том числе бывшего) работодатель (заказчик работ (услуг)) обязан на безвозмездной основе выдать ему справку (справки) и (или) заверенную копию справки (справок) с указанием профессии (специальности, квалификации и должности), периода работы и размера заработной платы в сроки, установленные законодательством государства трудоустройства.

      8. Дети трудящегося государства-члена, совместно проживающие с ним на территории государства трудоустройства, имеют право на посещение дошкольных учреждений, получение образования в соответствии с законодательством государства трудоустройства.

      9. Трудящиеся государства-члена и члены семей обязаны соблюдать законодательство государства трудоустройства, уважать культуру и традиции народов государства трудоустройства, нести ответственность за совершенные правонарушения в соответствии с законодательством государства трудоустройства.

      10. Доходы трудящегося государства-члена, полученные им в результате осуществления трудовой деятельности на территории государства трудоустройства, подлежат налогообложению в соответствии с международными договорами и законодательством государства трудоустройства с учетом положений настоящего Договора.

ЧАСТЬ ЧЕТВЕРТАЯ
ПЕРЕХОДНЫЕ И ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ
Раздел XXVII
ПЕРЕХОДНЫЕ ПОЛОЖЕНИЯ

Статья 99 Общие переходные положения

      1. Международные договоры государств-членов, заключенные в рамках формирования договорно-правовой базы Таможенного союза и Единого экономического пространства, действующие на дату вступления в силу настоящего Договора, входят в право Союза в качестве международных договоров в рамках Союза и применяются в части, не противоречащей настоящему Договору.

      2. Решения Высшего Евразийского экономического совета на уровне глав государств, Высшего Евразийского экономического совета на уровне глав правительств и Евразийской экономической комиссии, действующие на дату вступления в силу настоящего Договора, сохраняют свою юридическую силу и применяются в части, не противоречащей настоящему Договору.

      3. С даты вступления в силу настоящего Договора:

      функции и полномочия Высшего Евразийского экономического совета на уровне глав государств и Высшего Евразийского экономического совета на уровне глав правительств, действовавших в соответствии с Договором о Евразийской экономической комиссии от 18 ноября 2011 года, осуществляются соответственно Высшим советом и Межправительственным советом, действующими в соответствии с настоящим Договором;

      Евразийская экономическая комиссия, учрежденная в соответствии с Договором о Евразийской экономической комиссии от 18 ноября 2011 года, осуществляет свою деятельность в соответствии с настоящим Договором;

      члены Коллегии Комиссии, назначенные до вступления в силу настоящего Договора, продолжают выполнять свои функции до истечения срока полномочий, на который они назначены;

      директора и заместители директоров департаментов, трудовые договоры с которыми заключены до вступления в силу настоящего Договора, продолжают выполнять возложенные на них обязанности до истечения сроков, предусмотренных в трудовых договорах;

      замещение вакантных должностей в структурных подразделениях Комиссии осуществляется в порядке, предусмотренном настоящим Договором.

      4. В рамках Союза также действуют международные договоры, указанные в приложении № 31 к настоящему Договору.

Статья 991 Переходные положения в отношении раздела VI

      До ввода интегрированной информационной системы Союза в действие информация, указанная в пунктах 40 и 41 приложения № 5 к настоящему Договору, направляется по электронным каналам связи в виде графических электронных копий документов, содержащих данную информацию.

      Сноска. Раздел XXVII дополнен статьей 991 в соответствии с Законом РК от 15.02.2021 № 6-VII.

      Статья 100 Переходные положения в отношении раздела VII

      1. Функционирование общего рынка лекарственных средств в рамках Союза осуществляется начиная с 1 января 2016 года в соответствии с международным договором в рамках Союза, определяющим единые принципы и правила обращения лекарственных средств, который должен быть заключен государствами-членами не позднее 1 января 2015 года.

      2. Функционирование общего рынка медицинских изделий (изделий медицинского назначения и медицинской техники) в рамках Союза осуществляется начиная с 1 января 2016 года в соответствии с международным договором в рамках Союза, определяющим единые принципы и правила обращения медицинских изделий (изделий медицинского назначения и медицинской техники), который должен быть заключен государствами-членами не позднее 1 января 2015 года.

      Статья 101 Переходные положения в отношении раздела VIII

      1. До вступления в силу Таможенного кодекса Евразийского экономического союза таможенное регулирование в Союзе осуществляется в соответствии с Договором о Таможенном кодексе таможенного союза от 27 ноября 2009 года и иными международными договорами государств-членов, регулирующими таможенные правоотношения, заключенными в рамках формирования договорно-правовой базы Таможенного союза и Единого экономического пространства и входящими в соответствии со статьей 99 настоящего Договора в право Союза, с учетом положений настоящей статьи.

      2. Для целей применения международных договоров, указанных в пункте 1 настоящей статьи, под используемыми в них понятиями понимается следующее:

      "государства-члены таможенного союза" - государства-члены в значении, определенном настоящим Договором;

      "единая таможенная территория таможенного союза (таможенная территория таможенного союза)" - таможенная территория Союза;

      "единая Товарная номенклатура внешнеэкономической деятельности таможенного союза (Товарная номенклатура внешнеэкономической деятельности)" - единая Товарная номенклатура внешнеэкономической деятельности Евразийского экономического союза;

      "Единый таможенный тариф таможенного союза" - Единый таможенный тариф Евразийского экономического союза;

      "Комиссия таможенного союза" - Евразийская экономическая комиссия;

      "международные договоры государств-членов таможенного союза" - международные договоры в рамках Союза, в том числе международные договоры государств-членов, входящие в соответствии со статьей 99 настоящего Договора в право Союза;

      "таможенная граница таможенного союза (таможенная граница)" - таможенная граница Евразийского экономического союза;

      "товар таможенного союза" - товар Евразийского экономического союза.

      3. Для целей применения международных договоров, указанных в пункте 1 настоящей статьи, к запретам и ограничениям относятся применяемые в отношении товаров, перемещаемых через таможенную границу Союза, меры нетарифного регулирования (в том числе вводимые исходя из общих исключений, защиты внешнего финансового положения и обеспечения равновесия платежного баланса в одностороннем порядке), меры технического регулирования, меры экспортного контроля и меры в отношении продукции военного назначения, а также санитарные, ветеринарно-санитарные и карантинные фитосанитарные меры и радиационные требования.

      При этом к мерам нетарифного регулирования, в том числе вводимым исходя из общих исключений, защиты внешнего финансового положения и обеспечения равновесия платежного баланса в одностороннем порядке, относятся меры, определенные статьями 46 и 47 настоящего Договора.

      Положения международных договоров, указанных в пункте 1 настоящей статьи, за исключением пунктов 3 и 4 статьи 3 Таможенного кодекса таможенного союза, касающиеся определения и применения (неприменения) запретов и ограничений, не применяются.

      При перемещении товаров через таможенную границу Союза, в том числе товаров для личного пользования, и (или) помещении товаров под таможенные процедуры соблюдение запретов и ограничений подтверждается в случаях и порядке, установленных Комиссией или нормативными правовыми актами государств-членов в соответствии с настоящим Договором либо установленных в соответствии с законодательством государств-членов, путем представления документов и (или) сведений, подтверждающих соблюдение запретов и ограничений.

      Ветеринарно-санитарный, карантинный фитосанитарный, санитарно-эпидемиологический, радиационный и другие виды государственного контроля (надзора) при перемещении товаров через таможенную границу Союза осуществляются и оформляются в соответствии с настоящим Договором или принятыми в соответствии с ним актами Комиссии или нормативными правовыми актами государств-членов либо в соответствии с законодательством государств-членов.

      4. Статья 51 Таможенного кодекса таможенного союза в части ведения единой Товарной номенклатуры внешнеэкономической деятельности таможенного союза применяется с учетом положений статьи 45 настоящего Договора.

      5. Глава 7 Таможенного кодекса таможенного союза применяется с учетом положений статьи 37 настоящего Договора.

      6. Пункт 2 статьи 70 Таможенного кодекса таможенного союза не применяется.

      Специальные, антидемпинговые, компенсационные пошлины устанавливаются в соответствии с положениями настоящего Договора и взимаются в порядке, предусмотренном Таможенным кодексом таможенного союза для взимания ввозной таможенной пошлины, с учетом положений статей 48 и 49 настоящего Договора, а также с учетом следующего.

      Специальные, антидемпинговые, компенсационные пошлины подлежат уплате при помещении товаров под таможенные процедуры, условия которых в соответствии с международными договорами, указанными в пункте 1 настоящей статьи, предусматривают соблюдение ограничений в связи с применением специальных защитных, антидемпинговых и компенсационных мер.

      Исчисление специальных, антидемпинговых, компенсационных пошлин, возникновение и прекращение обязанности по уплате данных пошлин, определение сроков и порядка их уплаты осуществляются в порядке, предусмотренном Таможенным кодексом таможенного союза для ввозных таможенных пошлин, с учетом особенностей, установленных настоящим Договором.

      При применении антидемпинговой или компенсационной пошлины в соответствии с пунктами 104 и 169 Протокола о применении специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам (приложение № 8 к настоящему Договору) антидемпинговые, компенсационные пошлины подлежат уплате не позднее 30 рабочих дней со дня вступления в силу решения Комиссии о применении антидемпинговой или компенсационной пошлины, а также зачислению и распределению в порядке, определенном в приложении к указанному Протоколу.

      Изменение сроков уплаты специальных, антидемпинговых, компенсационных пошлин в форме отсрочки или рассрочки не производится.

      В случае неуплаты или неполной уплаты специальных, антидемпинговых, компенсационных пошлин в установленные сроки их взыскание осуществляется в порядке, предусмотренном для ввозных таможенных пошлин законодательством государства-члена, таможенным органом которого осуществляется взыскание таможенных пошлин, налогов с начислением пеней. При этом порядок исчисления, уплаты, взыскания и возврата пеней аналогичен порядку, установленному для пеней, уплачиваемых, взыскиваемых в связи с неуплатой или неполной уплатой ввозных таможенных пошлин.

      Положения настоящего пункта распространяются на исчисление, уплату и взыскание предварительных специальных, предварительных антидемпинговых, предварительных компенсационных пошлин.

      7. Статья 74 Таможенного кодекса таможенного союза в части тарифных льгот применяется с учетом положений статьи 43 настоящего Договора.

      8. Часть вторая пункта 2 статьи 77 Таможенного кодекса таможенного союза не применяется.

      Для целей исчисления вывозных таможенных пошлин применяются ставки, установленные законодательством государства-члена, на территории которого товары помещаются под таможенную процедуру либо на территории которого выявлен факт незаконного перемещения товаров через таможенную границу Союза, если иное не установлено международными договорами в рамках Союза и (или) двусторонними международными договорами между государствами-членами.

      Статья 102 Переходные положения в отношении раздела IX

      1. Несмотря на положения статьи 35 настоящего Договора, государства-члены вправе в одностороннем порядке предоставлять преференции в торговле с третьей стороной на основании заключенных до 1 января 2015 года международного договора этого государства-члена с такой третьей стороной или международного договора, участниками которого являются все государства-члены.

      Государства-члены осуществляют унификацию договоров, на основании которых предоставляются преференции.

      2. Специальные защитные, антидемпинговые и компенсационные меры, принятые в отношении товаров, ввозимых на таможенную территорию Союза, путем пересмотра специальных защитных, антидемпинговых и компенсационных мер, действовавших в соответствии с законодательством государств-членов, применяются до окончания срока действия указанных мер, установленного соответствующим решением Комиссии, и могут подлежать пересмотру в соответствии с положениями раздела IX настоящего Договора и приложением № 8 к нему.

      3. Для целей реализации положений статьи 36 настоящего Договора до вступления в силу решения Комиссии, устанавливающего условия и порядок применения единой системы тарифных преференций Союза в отношении товаров, происходящих из развивающихся стран и (или) наименее развитых стран, применяется Протокол о единой системе тарифных преференций Таможенного союза от 12 декабря 2008 года.

      4. До вступления в силу решения Комиссии, устанавливающего правила определения происхождения товаров, предусмотренные пунктом 2 статьи 37 настоящего Договора, применяется Соглашение о единых правилах определения страны происхождения товаров от 25 января 2008 года.

      5. До вступления в силу решения Комиссии, устанавливающего правила определения происхождения товаров, предусмотренные пунктом 3 статьи 37 настоящего Договора, применяется Соглашение о правилах определения происхождения товаров из развивающихся и наименее развитых стран от 12 декабря 2008 года.

      Статья 103 Переходные положения в отношении раздела XVI

      1. Для достижения целей, изложенных в пункте 1 статьи 70 настоящего Договора, государства-члены к 2025 году осуществят гармонизацию своего законодательства в сфере финансового рынка в соответствии с международным договором в рамках Союза и Протоколом по финансовым услугам (приложение № 17 к настоящему Договору).

      2. Государства-члены после завершения гармонизации законодательства в сфере финансовых рынков примут решение о полномочиях и функциях наднационального органа по регулированию финансового рынка и создадут его с месторасположением в городе Алматы в 2025 году.

      Статья 104 Переходные положения в отношении раздела XX

      1. В целях обеспечения разработки индикативных (прогнозных) балансов газа, нефти и нефтепродуктов Союза, способствующих эффективному использованию совокупного энергетического потенциала и оптимизации межгосударственных поставок топливно-энергетических ресурсов, уполномоченные органы государств-членов до 1 июля 2015 года разрабатывают и утверждают методологию формирования индикативных (прогнозных) балансов газа, нефти и нефтепродуктов.

      2. Утратил силу Законом РК от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).
      3. Утратил силу Законом РК от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).

      4. В целях формирования общего рынка газа Союза Высший совет утвердит до 1 января 2016 года концепцию, а до 1 января 2018 года программу формирования общего рынка газа Союза, предусмотрев срок выполнения мероприятий программы до 1 января 2024 года.

      5. По завершении выполнения мероприятий программы формирования общего рынка газа Союза государства-члены заключат международный договор в рамках Союза о формировании общего рынка газа Союза, содержащий в том числе единые правила доступа к газотранспортным системам, расположенным на территориях государств-членов, и обеспечат вступление его в силу не позднее 1 января 2025 года.

      6. В целях формирования общих рынков нефти и нефтепродуктов Высший совет утвердит до 1 января 2016 года концепцию, а до 1 января 2018 года программу формирования общих рынков нефти и нефтепродуктов Союза, предусмотрев срок выполнения мероприятий программы до 1 января 2024 года.

      7. По завершении выполнения мероприятий программы формирования общих рынков нефти и нефтепродуктов Союза государства-члены заключат международный договор о формировании общих рынков нефти и нефтепродуктов Союза, содержащий в том числе единые правила доступа к системам транспортировки нефти и нефтепродуктов, расположенным на территориях государств-членов, и обеспечат вступление его в силу не позднее 1 января 2025 года.

      8. С даты вступления в силу последнего из актов, принятых в соответствии с пунктами 5 - 8 Протокола об общем электроэнергетическом рынке Евразийского экономического союза (приложение № 21 к настоящему Договору):

      пункты 43 - 49 указанного Протокола и приложение к нему утрачивают силу;

      пункт 2, абзацы первый и второй пункта 5, пункты 10 - 38, абзацы третий и четвертый пункта 39, пункт 40 указанного Протокола вступают в силу.

      9. Протокол о правилах доступа к услугам субъектов естественных монополий в сфере транспортировки газа по газотранспортным системам, включая основы ценообразования и тарифной политики (приложение № 22 к настоящему Договору), действует до вступления в силу международного договора, предусмотренного пунктом 5 настоящей статьи.

      10. Протокол о порядке организации, управления, функционирования и развития общих рынков нефти и нефтепродуктов (приложение № 23 к настоящему Договору) действует до вступления в силу международного договора, предусмотренного пунктом 7 настоящей статьи.

      Сноска. Статья 104 с изменениями, внесенными Законом РК от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).

      Статья 105 Переходные положения в отношении раздела XXIV

      1. Государства-члены обеспечат вступление в силу международного договора в рамках Союза, предусмотренного пунктом 7 Протокола о единых правилах предоставления промышленных субсидий (приложение № 28 к настоящему Договору), с 1 января 2017 года.

      С даты вступления в силу указанного международного договора вступают в силу положения подпунктов 3 и 4 пункта 6 статьи 93 настоящего Договора, пунктов 6, 15, 20, 87 и 97 Протокола о единых правилах предоставления промышленных субсидий (приложение № 28 к настоящему Договору).

      2. Положения статьи 93 настоящего Договора и Протокола о единых правилах предоставления промышленных субсидий (приложение № 28 к настоящему Договору) не распространяются на субсидии, предоставленные на территориях государств-членов до 1 января 2012 года.

      Статья 106 Переходные положения в отношении раздела XXV

      1. Для Республики Беларусь в отношении положений абзаца первого пункта 8Протокола о мерах государственной поддержки сельского хозяйства (приложение № 29 к настоящему Договору) устанавливается переходный период до 2016 года, в течение которого Республика Беларусь обязуется снизить разрешенный объем государственной поддержки сельского хозяйства следующим образом:

      в 2015 году - 12 процентов;

      в 2016 году - 10 процентов.

      2. Методология расчета разрешенного уровня мер, оказывающих искажающее воздействие на торговлю, предусмотренная абзацем вторым пункта 8 Протокола о мерах государственной поддержки сельского хозяйства (приложение № 29 к настоящему Договору), разрабатывается и утверждается до 1 января 2016 года.

      3. Обязательства, предусмотренные абзацем третьим пункта 8 Протокола о мерах государственной поддержки сельского хозяйства (приложение № 29 к настоящему Договору), вступают в силу для Республики Беларусь не позднее 1 января 2025 года.

Статья 1061 Переходные положения в отношении раздела XXVIII

      Сохраняется право на пенсию за выслугу лет в порядке, предусмотренном пунктом 53 Положения о социальных гарантиях, привилегиях и иммунитетах в Евразийском экономическом союзе (приложение № 32 к настоящему Договору), без учета изменений в части продолжительности стажа государственной гражданской службы, внесенных Протоколом о внесении изменений в Договор о Евразийском экономическом союзе от 29 мая 2014 года в части пенсионного обеспечения должностных лиц и сотрудников Евразийской экономической комиссии и Суда Евразийского экономического союза, являющихся гражданами Российской Федерации, подписанным 24 марта 2022 г. (далее - Протокол о внесении изменений):

      за лицами, приобретшими право на пенсию за выслугу лет в соответствии с пунктом 53 Положения о социальных гарантиях, привилегиях и иммунитетах в Евразийском экономическом союзе (приложение № 32 к настоящему Договору) и освобожденными от должностей, замещаемых в Комиссии или Суде Союза до даты вступления в силу Протокола о внесении изменений;

      за лицами, замещающими на дату вступления в силу Протокола о внесении изменений должности в Комиссии или Суде Союза и имеющими на эту дату стаж государственной гражданской службы для назначения пенсии за выслугу лет не менее 20 лет;

      за лицами, замещающими на дату вступления в силу Протокола о внесении изменений должности в Комиссии или Суде Союза, имеющими на эту дату стаж государственной гражданской службы для назначения пенсии за выслугу лет не менее 15 лет и приобретшими до даты вступления в силу Протокола о внесении изменений право на страховую пенсию по старости (инвалидности) в соответствии с законодательством Российской Федерации.

      Указанным категориям лиц пенсия за выслугу лет назначается в соответствии с условиями и в порядке, которые определены законодательством Российской Федерации для федеральных государственных гражданских служащих, действовавшим по состоянию на 31 декабря 2016 г.

      Сноска. Раздел XXVII дополнен статьей 1061 в соответствии с Законом РК от 02.11.2022 № 151-VII (вступает в силу с даты получения депозитарием по дипломатическим каналам последнего письменного уведомления о выполнении государствами-членами внутригосударственных процедур, необходимых для его вступления в силу).

Раздел XXVIII
ЗАКЛЮЧИТЕЛЬНЫЕ ПОЛОЖЕНИЯ

Статья 107 Социальные гарантии, привилегии и иммунитеты

      На территории каждого из государств-членов Союз, члены Совета Комиссии и Коллегии Комиссии, судьи Суда Союза, должностные лица и сотрудники Комиссии и Суда Союза пользуются социальными гарантиями, привилегиями и иммунитетами, которые необходимы для осуществления ими возложенных на них полномочий и должностных (служебных) обязанностей. Объем указанных социальных гарантий, привилегий и иммунитетов определяется согласно приложению № 32 к настоящему Договору.

      Статья 108 Вступление в Союз

      1. Союз открыт для вступления любого государства, разделяющего его цели и принципы, на условиях, согласованных государствами-членами.

      2. Для получения статуса государства-кандидата на вступление в Союз заинтересованное государство направляет соответствующее обращение на имя Председателя Высшего совета.

      3. Решение о предоставлении государству статуса государства-кандидата на вступление в Союз принимается Высшим советом консенсусом.

      4. На основании решения Высшего совета формируется рабочая группа из представителей государства-кандидата, государств-членов и органов Союза (далее - рабочая группа) для изучения степени готовности государства-кандидата к принятию на себя обязательств, вытекающих из права Союза, разработки проекта Программы действий по вступлению государства-кандидата в Евразийский экономический союз, а также проекта международного договора о вступлении соответствующего государства в Союз, которым определяется объем прав и обязанностей государства-кандидата, а также формат его участия в работе органов Союза.

      5. Программа действий по вступлению государства-кандидата в Евразийский экономический союз утверждается Высшим советом.

      6. Рабочая группа на регулярной основе представляет на рассмотрение Высшего совета доклад о ходе выполнения государством-кандидатом Программы действий по вступлению государства-кандидата в Евразийский экономический союз. На основе вывода рабочей группы о том, что государство-кандидат в полном объеме выполнило обязательства, вытекающие из права Союза, Высший совет принимает решение о подписании с государством-кандидатом международного договора о вступлении в Союз. Указанный международный договор подлежит ратификации.

      Статья 109 Государства-наблюдатели

      1. Любое государство вправе обратиться к Председателю Высшего совета с просьбой о предоставлении ему статуса государства-наблюдателя при Союзе. Процедура такого обращения, а также иные вопросы, связанные со статусом государства-наблюдателя, определяются положением, утверждаемым Высшим советом.

      2. Решение о предоставлении статуса государства-наблюдателя при Союзе либо об отказе в предоставлении такого статуса принимается Высшим советом с учетом интересов развития интеграции и достижения целей настоящего Договора.

      3. Уполномоченные представители государства-наблюдателя при Союзе могут присутствовать по приглашению на заседаниях органов Союза, получать принимаемые органами Союза документы, не являющиеся документами конфиденциального характера.

      4. Статус государства-наблюдателя при Союзе не дает права участвовать в принятии решений в органах Союза.

      5. Государство, получающее статус государства-наблюдателя при Союзе, обязано воздерживаться от любых действий, способных нанести ущерб интересам Союза и государств-членов, объекту и целям настоящего Договора.

      Сноска. Статья 109 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      Статья 110 Рабочий язык органов Союза. Язык международных договоров в рамках Союза и решений Комиссии

      1. Рабочим языком органов Союза является русский язык.

      2. Международные договоры в рамках Союза и решения Комиссии, имеющие обязательный характер для государств-членов, принимаются на русском языке с последующим переводом на государственные языки государств-членов, если это предусмотрено их законодательством, в порядке, определяемом Комиссией.

      Перевод на государственные языки государств-членов осуществляется за счет средств, предусмотренных в бюджете Союза на эти цели.

      3. В случае возникновения разногласий для целей толкования международных договоров и решений, указанных в пункте 2 настоящей статьи, используется текст на русском языке.

      Статья 111 Доступ и опубликование

      1. Международные договоры в рамках Союза, международные договоры с третьей стороной и решения органов Союза подлежат официальному опубликованию на официальном сайте Союза в сети Интернет в порядке, установленном Межправительственным советом.

      Дата публикации решения органа Союза на официальном сайте Союза в сети Интернет признается датой официального опубликования данного решения.

      2. Ни одно решение, указанное в пункте 1 настоящей статьи, не может вступить в силу до его официального опубликования.

      3. Решения органов Союза направляются государствам-членам не позднее 3 календарных дней со дня принятия решения.

      4. Органы Союза обеспечивают предварительное опубликование проектов решений на официальном сайте Союза в сети Интернет, как минимум, за 30 календарных дней до даты, когда данное решение планируется к принятию. Проекты решений органов Союза, принимаемых в исключительных случаях, требующих оперативного реагирования, могут быть опубликованы в иные сроки.

      Заинтересованные лица могут представить данному органу свои комментарии и предложения.

      Порядок сбора, анализа и учета таких комментариев и предложений определяется регламентом работы соответствующего органа Союза.

      5. Не подлежат официальному опубликованию решения органов Союза, содержащие информацию ограниченного распространения, и проекты таких решений.

      6. Положения настоящей статьи не применяются в отношении решений Суда Союза, порядок вступления в силу и опубликования которых определяется Статутом Суда Евразийского экономического союза (приложение № 2 к настоящему Договору).

      7. Положения пункта 4 настоящей статьи не применяются в отношении решений органов Союза в случаях, когда предварительная публикация проектов таких решений может помешать их исполнению или иным образом противоречить общественным интересам.

      Статья 112 Разрешение споров

      Споры, связанные с толкованием и (или) применением положений настоящего Договора, разрешаются путем консультаций и переговоров.

      В случае недостижения согласия в течение 3 месяцев с даты направления одной стороной спора другой стороне спора официальной письменной просьбы о проведении консультаций и переговоров, если иной срок не предусмотрен Статутом Суда Евразийского экономического союза (приложение № 2 к настоящему Договору), спор может быть передан любой из сторон спора на рассмотрение в Суд Союза, если сторонами спора не достигнута договоренность об использовании иных механизмов его разрешения.

      Статья 113 Вступление Договора в силу

      Настоящий Договор вступает в силу с даты получения депозитарием последнего письменного уведомления о выполнении государствами-членами внутригосударственных процедур, необходимых для его вступления в силу.

      В связи с вступлением в силу настоящего Договора прекращается действие международных договоров, заключенных в рамках формирования Таможенного союза и Единого экономического пространства, согласно приложению № 33 к настоящему Договору.

      Статья 114 Соотношение настоящего Договора с иными международными договорами

      1. Настоящий Договор не препятствует заключению государствами-членами международных договоров, не противоречащих целям и принципам настоящего Договора.

      2. Двусторонние международные договоры между государствами-членами, предусматривающие более глубокий по сравнению с положениями настоящего Договора или международных договоров в рамках Союза уровень интеграции или предоставляющие дополнительные преимущества в пользу их физических и (или) юридических лиц, применяются в отношениях между заключившими их государствами и могут заключаться при условии, что не затрагивают осуществление ими и другими государствами-членами своих прав и выполнение обязательств по настоящему Договору и международным договорам в рамках Союза.

      Статья 115 Внесение изменений в Договор

      В настоящий Договор могут быть внесены изменения и дополнения, которые оформляются отдельными протоколами и являются неотъемлемой частью настоящего Договора.

      Статья 116 Регистрация Договора в Секретариате Организации Объединенных Наций

      Настоящий Договор в соответствии со статьей 102 Устава Организации Объединенных Наций подлежит регистрации в Секретариате Организации Объединенных Наций.

      Статья 117 Оговорки

      Оговорки к настоящему Договору не допускаются.

      Статья 118 Выход из Договора

      1. Любое государство-член вправе выйти из настоящего Договора, направив депозитарию настоящего Договора по дипломатическим каналам письменное уведомление о своем намерении выйти из настоящего Договора. Действие настоящего Договора в отношении этого государства прекращается по истечении 12 месяцев с даты получения депозитарием настоящего Договора такого уведомления.

      2. Государство-член, уведомившее в соответствии с пунктом 1 настоящей статьи о своем намерении выйти из настоящего Договора, обязано урегулировать финансовые обязательства, возникшие в связи с его участием в настоящем Договоре. Данное обязательство остается в силе, несмотря на выход государства из настоящего Договора, вплоть до полного его выполнения.

      3. На основе уведомления, указанного в пункте 1 настоящей статьи, Высший совет принимает решение о начале процесса урегулирования обязательств, возникших в связи с участием государства-члена в настоящем Договоре.

      4. Выход из настоящего Договора автоматически влечет прекращение членства в Союзе и выход из международных договоров в рамках Союза.

      Совершено в городе Астане 29 мая 2014 года в одном экземпляре на белорусском, казахском и русском языках, причем все тексты имеют одинаковую силу.

      В случае возникновения разногласий для целей толкования настоящего Договора используется текст на русском языке.

      Подлинный экземпляр настоящего Договора хранится в Евразийской экономической комиссии, которая, являясь депозитарием настоящего Договора, направит каждой Стороне его заверенную копию.

За

Республику

Беларусь



За

Республику

Казахстан



За

Российскую

Федерацию




  ПРИЛОЖЕНИЕ № 1
к Договору о Евразийском
экономическом союзе


ПОЛОЖЕНИЕ
о Евразийской экономической комиссии

I. Общие положения

      1. В соответствии с пунктом 1 статьи 18 Договора о Евразийском экономическом союзе (далее – Договор) Комиссия является постоянно действующим регулирующим органом Союза.

      Основными задачами Комиссии являются обеспечение условий функционирования и развития Союза, а также выработка предложений в сфере экономической интеграции в рамках Союза.

      2. Комиссия осуществляет свою деятельность на основе следующих принципов:

      1) обеспечение взаимной выгоды, равноправия и учета национальных интересов государств-членов;

      2) экономическая обоснованность принимаемых решений;

      3) открытость, гласность и объективность.

      3. Комиссия осуществляет свою деятельность в пределах полномочий, предусмотренных Договором и международными договорами в рамках Союза, в следующих сферах:

      1) таможенно-тарифное и нетарифное регулирование;

      2) таможенное регулирование;

      3) техническое регулирование;

      4) санитарные, ветеринарно-санитарные и карантинные фитосанитарные меры, экстренные фитосанитарные меры;

      5) зачисление и распределение ввозных таможенных пошлин;

      6) установление торговых режимов в отношении третьих сторон;

      7) статистика внешней и взаимной торговли;

      8) макроэкономическая политика;

      9) конкурентная политика;

      10) промышленные и сельскохозяйственные субсидии;

      11) энергетическая политика;

      12) естественные монополии;

      13) государственные и (или) муниципальные закупки;

      14) взаимная торговля услугами и инвестиции;

      15) транспорт и перевозки;

      16) валютная политика;

      17) интеллектуальная собственность;

      18) трудовая миграция;

      19) финансовые рынки (банковская сфера, сфера страхования, валютный рынок, рынок ценных бумаг);

      20) иные сферы, определенные Договором и международными договорами в рамках Союза.

      Сноска. Пункт 3 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      4. Комиссия в пределах своих полномочий обеспечивает реализацию международных договоров, входящих в право Союза.

      5. Комиссия выполняет функции депозитария международных договоров в рамках Союза, решений Высшего совета и Межправительственного совета.

      6. Комиссия может быть наделена Высшим советом правом подписывать международные договоры по вопросам, входящим в компетенцию Комиссии.

      7. В целях обеспечения эффективного функционирования Союза Комиссия вправе создавать консультативные органы для проведения консультаций по отдельным вопросам, принятие решений по которым относится к компетенции Комиссии.

      8. Комиссия имеет право запрашивать у государств-членов позицию по вопросам, рассматриваемым Комиссией. Запрос о представлении позиции направляется в правительства государств-членов. Комиссия также имеет право запрашивать у органов исполнительной власти государств-членов, юридических и физических лиц информацию, необходимую для осуществления Комиссией своих полномочий. Копии запросов Комиссии в адрес юридических и физических лиц, за исключением запросов, содержащих конфиденциальную информацию, одновременно направляются в уполномоченный орган исполнительной власти государства-члена. Запрос о представлении позиции или информации от имени Комиссии направляется председателем или членом Коллегии Комиссии, если иное не установлено Договором.

      Органы исполнительной власти государств-членов обеспечивают предоставление запрашиваемой информации в срок, установленный Регламентом работы Комиссии, при условии, что информация не содержит сведений, отнесенных в соответствии с законодательством государств-членов к государственной тайне (государственным секретам) или к сведениям ограниченного распространения.

      Порядок обмена информацией, содержащей сведения, отнесенные в соответствии с законодательством государств-членов к государственной тайне (государственным секретам) или к сведениям ограниченного распространения, устанавливается международными договорами в рамках Союза.

      9. Комиссия отвечает за составление бюджета Союза и подготовку отчета о его исполнении, является распорядителем средств бюджетной сметы Комиссии.

      10. Комиссия пользуется правами юридического лица.

      11. Комиссия состоит из Совета Комиссии и Коллегии Комиссии. Порядок деятельности Совета Комиссии и Коллегии Комиссии регулируется Регламентом работы Евразийской экономической комиссии, утверждаемым Высшим советом (далее – Регламент).

      12. Совет Комиссии вправе образовывать структурные подразделения (далее – департаменты Комиссии).

      13. Комиссия в пределах своих полномочий принимает решения, имеющие нормативно-правовой характер и обязательные для государств-членов, распоряжения, имеющие организационно-распорядительный характер, и рекомендации, не имеющие обязательного характера.

      Решения Комиссии входят в право Союза и подлежат непосредственному применению на территориях государств-членов.

      14. Решения, распоряжения и рекомендации Комиссии принимаются Советом Комиссии и Коллегией Комиссии в пределах полномочий, установленных Договором и международными договорами в рамках Союза, и в порядке, предусмотренном Договором и Регламентом.

      Разграничение полномочий и функций Совета Комиссии и Коллегии Комиссии определяется Регламентом.

      15. Комиссия проводит:

      оценку регулирующего воздействия проектов решений Комиссии и проектов международных договоров в рамках Союза, которые могут оказать влияние на условия ведения предпринимательской деятельности (далее - оценка регулирующего воздействия);

      оценку фактического воздействия принятых решений Комиссии, которые оказывают влияние на условия ведения предпринимательской деятельности (далее - оценка фактического воздействия).

      Решения Комиссии, которые могут оказать влияние на условия ведения предпринимательской деятельности, принимаются с учетом результатов проведения оценки регулирующего воздействия проектов таких решений.

      Заключение об оценке регулирующего воздействия проекта международного договора в рамках Союза направляется в государства- члены одновременно с направлением проекта международного договора на внутригосударственное согласование.

      Оценка фактического воздействия проводится, как правило, по истечении каждых 3 лет действия соответствующего решения Комиссии.

      Заключение об оценке фактического воздействия учитывается при внесении изменений в соответствующее решение Комиссии.

      Порядок проведения процедур оценки регулирующего воздействия и оценки фактического воздействия определяется Регламентом.

      Сноска. Пункт 15 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      16. В случае если иное не предусмотрено Договором и международными договорами в рамках Союза, решения Комиссии вступают в силу не ранее чем по истечении 30 календарных дней с даты их официального опубликования.

      Решения Комиссии, указанные в пункте 18 настоящего Положения, а также решения Комиссии, принимаемые в исключительных случаях, требующих оперативного реагирования, могут предусматривать иной срок вступления в силу, но не менее 10 календарных дней с даты их официального опубликования.

      Порядок принятия и вступления в силу решений Комиссии, указанных в абзаце втором настоящего пункта, устанавливается Регламентом.

      Решения Комиссии, содержащие сведения ограниченного распространения, вступают в силу в срок, определенный в них.

      Распоряжения Комиссии вступают в силу в срок, определенный в них.

      17. Решения Комиссии, ухудшающие положение физических и (или) юридических лиц, обратной силы не имеют.

      18. Решения Комиссии, улучшающие положение физических и (или) юридических лиц, могут иметь обратную силу, если прямо предусматривают это.

      19. Опубликование решений Комиссии и обеспечение доступа к ним осуществляется в порядке, установленном статьей 111 Договора.

      20. Принятие решений Комиссии осуществляется в соответствии со статьей 18 Договора и настоящим Положением путем голосования членов Совета Комиссии или членов Коллегии Комиссии.

      21. Голоса в Комиссии распределяются следующим образом:

      1) в Совете Комиссии – один голос члена Совета Комиссии является одним голосом;

      2) в Коллегии Комиссии – один голос члена Коллегии Комиссии является одним голосом.

II. Совет Комиссии

      22. Совет Комиссии осуществляет общее регулирование интеграционных процессов в Союзе, а также общее руководство деятельностью Комиссии.

      23. В Совет Комиссии входят по одному представителю от каждого государства-члена, являющемуся заместителем главы правительства и наделенному необходимыми полномочиями в соответствии с законодательством своего государства.

      Государства-члены уведомляют друг друга, а также Коллегию Комиссии о представителе в Совете Комиссии в порядке, установленном Регламентом.

      24. Совет Комиссии осуществляет следующие функции и полномочия:

      1) организует работу по совершенствованию правового регулирования деятельности Союза;

      2) вносит на утверждение Высшего совета основные направления интеграции в рамках Союза;

      3) рассматривает вопрос об отмене решений Комиссии, принятых Коллегией Комиссии, или внесении в них изменений в порядке, предусмотренном пунктом 30 настоящего Положения;

      4) рассматривает результаты мониторинга и контроля исполнения международных договоров, входящих в право Союза;

      5) вносит на рассмотрение Межправительственного совета отчет о мониторинге проведения процедур оценки регулирующего воздействия и оценки фактического воздействия (с периодичностью 1 раз в 2 года);

      6) утверждает по представлению Председателя Коллегии Комиссии перечень департаментов Комиссии, их структуру и штатную численность, а также распределение их между членами Коллегии Комиссии;

      7) утверждает квалификационные требования к должностным лицам и сотрудникам Комиссии;

      8) принимает решение о снятии привилегий и иммунитетов с сотрудников Комиссии по основаниям, предусмотренным Положением о социальных гарантиях, привилегиях и иммунитетах в Евразийском экономическом союзе (приложение № 32 к Договору);

      9) одобряет проект бюджета Союза;

      10) одобряет порядок оплаты труда членов Коллегии Комиссии, должностных лиц и сотрудников Комиссии;

      11) одобряет общую предельную штатную численность департаментов Комиссии;

      12) утверждает план по созданию и развитию интегрированной информационной системы Союза;

      13) в целях обеспечения соблюдения предусмотренных Договором прав граждан государств-членов на трудоустройство в департаменты Комиссии, образует комиссию по этике при Совете Комиссии и утверждает положение о ней;

      14) дает поручения Коллегии Комиссии;

      15) осуществляет иные функции и полномочия в соответствии с Договором, международными договорами в рамках Союза и Регламентом.

      Сноска. Пункт 24 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      25. Совет Комиссии вправе определять вопросы, по которым Коллегия Комиссии обязана провести консультации в рамках консультативного органа, созданного в соответствии с пунктом 44 настоящего Положения, перед принятием решения Совета Комиссии или Коллегии Комиссии.

      26. Заседания Совета Комиссии проводятся в соответствии с Регламентом. Любой член Совета Комиссии может инициировать проведение заседания Совета Комиссии, а также внести предложения в повестку дня заседания Совета Комиссии.

      Заседание Совета Комиссии считается правомочным, если на нем присутствуют все члены Совета Комиссии.

      27. В заседаниях Совета Комиссии принимают участие Председатель Коллегии Комиссии, а также по приглашению Совета Комиссии члены Коллегии Комиссии. Члены Совета Комиссии могут приглашать на заседания Совета Комиссии представителей государств-членов и иных лиц.

      В заседаниях Совета Комиссии могут принимать участие представители третьих государств в порядке и на условиях, которые определяются Договором.

      28. Председательство в Совете Комиссии осуществляется в соответствии с пунктом 4 статьи 8 Договора.

      В случае досрочного прекращения полномочий Председателя Совета Комиссии новый член Совета Комиссии от председательствующего государства-члена осуществляет полномочия Председателя Совета Комиссии в течение оставшегося срока.

      Председатель Совета Комиссии:

      осуществляет общее руководство подготовкой вопросов, вносимых для рассмотрения на очередном заседании Совета Комиссии;

      определяет повестку дня;

      открывает, ведет и закрывает заседания Совета Комиссии.

      29. Совет Комиссии в пределах своих полномочий принимает решения, распоряжения и рекомендации.

      Совет Комиссии принимает решения, распоряжения и рекомендации консенсусом.

      В случае если не достигнут консенсус, вопрос передается на рассмотрение в Высший совет или Межправительственный совет по предложению любого члена Совета Комиссии.

      30. Государство-член или член Совета Комиссии имеет право в течение 15 календарных дней с даты опубликования решения Коллегии Комиссии внести в Коллегию Комиссии предложение о его отмене или внесении в него изменений.

      Председатель Коллегии Комиссии в день получения указанного предложения направляет членам Совета Комиссии материалы по соответствующему решению.

      Совет Комиссии после поступления таких материалов рассматривает их и принимает решение в течение 10 календарных дней.

      Государство-член в случае несогласия с решением, принятым Советом Комиссии по результатам рассмотрения вопроса об отмене решения Коллегии Комиссии или внесения в него изменений, либо в случае истечения срока, предусмотренного абзацем третьим настоящего пункта, но не позднее 30 календарных дней с даты официального опубликования решения Совета Комиссии, может направить в Комиссию письмо за подписью главы правительства с предложением о внесении соответствующего вопроса на рассмотрение Межправительственного совета и (или) Высшего совета.

      Глава правительства государства-члена вправе обратиться в Комиссию с предложением о внесении вопроса в отношении решений Комиссии, указанных в абзаце втором пункта 16 настоящего Положения, на рассмотрение Межправительственного совета и (или) Высшего совета на любой стадии до даты их вступления в силу.

      Решение Коллегии Комиссии, в отношении которого было внесено предложение об отмене или внесении изменений в соответствии с настоящим пунктом, не вступает в силу и приостанавливается на срок, необходимый для рассмотрения вопроса в отношении этого решения Межправительственным советом и (или) Высшим советом и принятия соответствующего решения по итогам такого рассмотрения.

III. Коллегия Комиссии

      31. Коллегия Комиссии является исполнительным органом Комиссии.

      Коллегия Комиссии состоит из членов Коллегии, один из которых является Председателем Коллегии Комиссии.

      Коллегия Комиссии формируется из представителей государств-членов исходя из принципа равного представительства государств-членов.

      Численный состав Коллегии Комиссии и распределение обязанностей между членами Коллегии Комиссии определяется Высшим советом.

      Коллегия Комиссии осуществляет руководство департаментами Комиссии.

      32. Член Коллегии Комиссии должен являться гражданином того государства-члена, которым он представлен.

      Члены Коллегии Комиссии должны удовлетворять следующим требованиям: иметь профессиональную подготовку (квалификацию), соответствующую должностным обязанностям, а также стаж работы по профилю должностных обязанностей не менее 7 лет, в том числе не менее 1 года замещать руководящую должность в государственных органах государств-членов.

      33. Члены Коллегии Комиссии назначаются Высшим советом сроком на 4 года с возможным продлением полномочий.

      Председатель Коллегии Комиссии назначается Высшим советом сроком на 4 года на ротационной основе без права продления. Ротация осуществляется поочередно в порядке русского алфавита по наименованию государства-члена.

      34. Члены Коллегии Комиссии работают в Комиссии на постоянной основе. Члены Коллегии Комиссии при осуществлении своих полномочий независимы от государственных органов и должностных лиц государств-членов и не могут запрашивать или получать указания от органов власти или официальных лиц государств-членов.

      Механизм взаимодействия членов Коллегии Комиссии с государствами-членами по вопросам международной деятельности определяется в соответствии с Порядком осуществления Союзом международного сотрудничества, утверждаемым Высшим советом.

      35. Члены Коллегии Комиссии не имеют права совмещать работу в Коллегии Комиссии с другой работой или заниматься прочей оплачиваемой деятельностью, кроме преподавательской, научной или иной творческой деятельности, в течение всего срока действия своих полномочий.

      36. Члены Коллегии Комиссии не вправе:

      1) участвовать на платной основе в деятельности органа управления коммерческой организации;

      2) осуществлять предпринимательскую деятельность;

      3) получать в связи с осуществлением полномочий вознаграждения от физических и юридических лиц (подарки, денежное вознаграждение, ссуды, услуги, оплату развлечений, отдыха, транспортных расходов и иные вознаграждения). Подарки, полученные членом Коллегии Комиссии в связи с протокольными мероприятиями, со служебными командировками и с другими официальными мероприятиями (за исключением символических) признаются собственностью Комиссии и передаются по акту в Комиссию. Член Коллегии Комиссии, передавший такой подарок, может его выкупить в порядке, утверждаемом Советом Комиссии;

      4) осуществлять поездки в связи с исполнением должностных обязанностей за счет средств физических и юридических лиц;

      5) использовать в целях, не связанных с осуществлением полномочий, средства материально-технического и иного обеспечения, другое имущество Комиссии, а также передавать их другим лицам;

      6) разглашать или использовать в целях, не связанных с осуществлением полномочий, сведения конфиденциального характера, или служебную информацию, ставшую ему известной в связи с осуществлением полномочий;

      7) использовать полномочия члена Коллегии Комиссии в интересах политических партий, других общественных объединений, религиозных объединений и иных организаций, а также публично выражать отношение к указанным объединениям и организациям в качестве члена Коллегии Комиссии, если это не входит в его полномочия;

      8) создавать в Комиссии структуры политических партий, других общественных объединений (за исключением профессиональных союзов, ветеранских и иных органов общественной самодеятельности) и религиозных объединений или способствовать созданию указанных структур.

      37. Член Коллегии Комиссии в случае его владения приносящими доход ценными бумагами и (или) акциями (долями участия в уставных капиталах организаций) обязан в разумные сроки передать принадлежащие ему ценные бумаги и (или) акции (доли участия в уставных капиталах организаций) в доверительное управление.

      38. Ограничения, установленные пунктами 35 – 37 настоящего Положения, распространяются также на должностных лиц и сотрудников Комиссии.

      39. Любое нарушение ограничений, установленных пунктами 35 – 37 настоящего Положения, является основанием для досрочного прекращения полномочий члена Коллегии Комиссии, расторжения трудового договора (контракта) с должностным лицом, сотрудником Комиссии.

      40. Каждое государство-член представляет в Высший совет кандидатуры на должность члена Коллегии Комиссии.

      Персональный состав Коллегии Комиссии, включая Председателя Коллегии Комиссии, утверждается Высшим советом по представлению государств-членов.

      В случае неутверждения Высшим советом кандидатуры члена Коллегии Комиссии государство-член в течение 30 календарных дней представляет новую кандидатуру.

      41. Государства-члены не имеют права отзыва члена Коллегии Комиссии, за исключением случаев недобросовестного исполнения им своих должностных обязанностей или случаев, указанных в пунктах 35 – 37 настоящего Положения.

      Досрочное прекращение полномочий члена Коллегии Комиссии (за исключением случая добровольной отставки) осуществляется по представлению государства-члена на основании решения Высшего совета.

      В случае досрочного прекращения полномочий члена Коллегии Комиссии новый член Коллегии Комиссии назначается по представлению того же государства-члена, которым был представлен прекративший полномочия член Коллегии Комиссии, на оставшийся срок полномочий предыдущего члена Коллегии Комиссии.

      42. Распределение обязанностей между членами Коллегии Комиссии, а также общая предельная штатная численность департаментов Комиссии и порядок оплаты труда членов Коллегии Комиссии, должностных лиц и сотрудников Комиссии (в том числе их денежное содержание) утверждаются Высшим советом.

      43. Коллегия Комиссии обеспечивает реализацию следующих функций и полномочий:

      1) осуществляет выработку предложений и свод представленных государствами-членами предложений в сфере интеграции в рамках Союза (включая разработку и реализацию основных направлений интеграции);

      2) принимает решения, распоряжения и рекомендации;

      3) исполняет решения и распоряжения, принятые Высшим советом и Межправительственным советом, и решения, принятые Советом Комиссии;

      4) осуществляет мониторинг и контроль исполнения международных договоров, входящих в право Союза, и решений Комиссии, а также уведомляет государства-члены о необходимости их исполнения;

      5) представляет ежегодно отчет о проделанной работе для рассмотрения Советом Комиссии;

      6) разрабатывает рекомендации по вопросам, касающимся формирования, функционирования и развития Союза;

      7) готовит экспертные заключения (в письменном виде) на поступившие в Комиссию предложения государств-членов;

      8) оказывает содействие государствам-членам в урегулировании споров в рамках Союза до обращения в Суд Союза;

      9) обеспечивает представление интересов Комиссии в судебных инстанциях, включая Суд Союза;

      10) осуществляет в пределах своих полномочий взаимодействие с органами государственной власти государств-членов;

      11) рассматривает поступающие в Комиссию запросы;

      12) утверждает по представлению Председателя Коллегии Комиссии план зарубежных командировок членов Коллегии, должностных лиц и сотрудников Комиссии на очередной год;

      13) утверждает по представлению Председателя Коллегии Комиссии план научно-исследовательских работ на очередной год после его рассмотрения на консультативных комитетах, информирует Совет Комиссии об указанном плане;

      14) осуществляет разработку проекта бюджета Союза и подготовку проектов отчетов о его исполнении, обеспечивает исполнение бюджетной сметы Комиссии;

      15) разрабатывает проекты международных договоров и решений Комиссии, принимаемых Советом Комиссии, а также иные документы, необходимые для реализации полномочий Комиссии;

      16) проводит в установленном порядке процедуры оценки регулирующего воздействия и оценки фактического воздействия, а также обеспечивает подготовку отчета о мониторинге проведения процедур оценки регулирующего воздействия и оценки фактического воздействия;

      17) обеспечивает проведение заседаний Совета Комиссии, Межправительственного совета и Высшего совета, а также вспомогательных органов, создаваемых в соответствии с пунктом 3 статьи 5 Договора;

      18) представляет на рассмотрение Совета Комиссии предложения о снятии привилегий и иммунитетов с должностных лиц и сотрудников Комиссии;

      19) размещает заказы и заключает договоры на поставку товаров, выполнение работ и оказание услуг для нужд Комиссии в порядке, утверждаемом Советом Комиссии;

      20) обеспечивает соблюдение порядка работы с документами ограниченного распространения (конфиденциальными и для служебного пользования), утверждаемого Советом Комиссии.

      Сноска. Пункт 43 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      44. Коллегия Комиссии вправе создавать консультативные органы при Коллегии Комиссии, деятельность и порядок работы которых определяются соответствующими положениями, утверждаемыми Коллегией Комиссии. При этом для рассмотрения вопросов, определенных Советом Комиссии, соответствующий консультативный орган создается Коллегией Комиссии в обязательном порядке.

      45. В состав консультативных органов при Коллегии Комиссии входят уполномоченные представители органов государственной власти государств-членов.

      По предложению государств-членов в состав консультативных органов при Коллегии Комиссии включаются представители бизнес-сообщества, научных и общественных организаций, иные независимые эксперты.

      46. Консультативные органы при Коллегии Комиссии в пределах своих полномочий осуществляют подготовку рекомендаций для Комиссии по вопросам, отнесенным к их компетенции. Предложения членов консультативных органов, представленные ими на заседаниях консультативных органов, не могут рассматриваться в качестве окончательной позиции государств-членов.

      47. Организационно-техническое обеспечение деятельности консультативных органов при Коллегии Комиссии осуществляется Комиссией.

      Расходы, связанные с участием уполномоченных представителей органов государственной власти государств-членов в работе консультативных органов при Коллегии Комиссии, несут направляющие государства-члены. Расходы, связанные с участием представителей бизнес-сообщества, научных и общественных организаций, иных независимых экспертов в работе консультативных органов при Коллегии Комиссии, указанные лица несут самостоятельно.

      48. Коллегия Комиссии в пределах своих полномочий принимает решения, распоряжения и рекомендации.

      Решения, распоряжения и рекомендации Комиссии, принятые Коллегией Комиссии, подписываются Председателем Коллегии Комиссии.

      49. Заседания Коллегии Комиссии проводятся, как правило, не реже 1 раза в неделю.

      Члены Коллегии Комиссии принимают участие в заседании Коллегии Комиссии лично, без права замены. В случае объективной невозможности принятия участия в заседании Коллегии Комиссии член Коллегии Комиссии вправе в порядке, установленном Регламентом, изложить свою позицию в письменном виде или по доверенности и с согласия Председателя Коллегии Комиссии делегировать право представлять его позицию директору департамента Комиссии, в компетенцию которого входит рассматриваемый вопрос. При этом директор департамента Комиссии не имеет права голоса при голосовании.

      На заседаниях Коллегии могут присутствовать по одному представителю от государств-членов.

      По просьбе хотя бы одного из членов Коллегии Комиссии на основании решения Председателя Коллегии Комиссии могут проводиться внеочередные заседания. Порядок проведения заседаний Коллегии Комиссии и процедура голосования устанавливаются Регламентом.

      50. Комплект документов и материалов по каждому из вопросов проекта повестки дня к заседаниям Коллегии Комиссии в обязательном порядке рассылается государствам-членам в соответствии с Регламентом, но не позднее чем за 30 календарных дней до даты заседания Коллегии Комиссии.

      51. Председатель Коллегии Комиссии:

      1) организует деятельность Коллегии Комиссии и несет ответственность за выполнение возложенных на нее функций;

      2) формирует в установленном порядке проекты планов заседаний Коллегии Комиссии и Совета Комиссии на очередной период и повесток дня заседаний Коллегии Комиссии, Совета Комиссии, а также проекты повесток дня заседаний Высшего совета и Межправительственного совета, которые подлежат утверждению на заседании Совета Комиссии и направляются государствам-членам не позднее чем за 20 календарных дней до даты проведения соответствующего заседания с приложением необходимых материалов;

      3) докладывает Совету Комиссии, Межправительственному совету и Высшему совету о вопросах, требующих их решения, и об иных документах с соответствующими предложениями по результатам их рассмотрения на заседании Коллегии Комиссии;

      4) устанавливает порядок работы департаментов Комиссии, а также определяет вопросы, входящие в сферу ведения департаментов Комиссии;

      5) организует работу по подготовке заседаний Коллегии Комиссии, Совета Комиссии, Межправительственного совета и Высшего совета;

      6) ведет заседания Коллегии Комиссии;

      7) участвует в заседаниях Совета Комиссии;

      8) представляет Коллегию Комиссии в Совете Комиссии;

      9) представляет по согласованию с членами Коллегии Комиссии на рассмотрение Совета Комиссии предложения по закреплению департаментов Комиссии за членами Коллегии Комиссии;

      10) определяет порядок взаимодействия с представителями средств массовой информации, правила публичных выступлений должностных лиц и сотрудников Комиссии и предоставления служебной информации;

      11) выступает от лица Комиссии администратором бюджета Союза, является распорядителем средств бюджетной сметы Комиссии, распоряжается материальными средствами Комиссии, заключает гражданско-правовые договоры и выступает в суде;

      12) назначает по результатам конкурса директоров департаментов Комиссии и их заместителей и заключает с ними контракты;

      13) заключает по результатам конкурса от имени Комиссии трудовые договоры (контракты) с сотрудниками Комиссии;

      14) утверждает положения о департаментах Комиссии;

      15) назначает временно исполняющего обязанности Председателя Коллегии Комиссии из числа членов Коллегии Комиссии;

      16) осуществляет полномочия представителя нанимателя в отношении должностных лиц и сотрудников Комиссии, утверждает должностные регламенты (инструкции), утверждает графики отпусков, предоставляет отпуска и принимает решения о командировании;

      17) обеспечивает проведение проверки по фактам, изложенным в обращении государства-члена об отзыве члена Коллегии Комиссии по основаниям, указанным в пунктах 36 и 37 настоящего Положения, в порядке, утверждаемом Советом Комиссии;

      18) исполняет иные функции, необходимые для обеспечения деятельности Коллегии Комиссии и департаментов Комиссии в соответствии с Регламентом.

      52. Член Коллегии Комиссии в соответствии с распределением обязанностей:

      1) осуществляет подготовку предложений по вопросам, отнесенным к его компетенции;

      2) докладывает на заседаниях Коллегии Комиссии и Совета Комиссии по вопросам, отнесенным к его компетенции;

      3) координирует и контролирует деятельность курируемых департаментов Комиссии;

      4) готовит проекты решений, распоряжений и рекомендаций Коллегии Комиссии по вопросам, отнесенным к его компетенции;

      5) осуществляет мониторинг исполнения государствами-членами международных договоров, входящих в право Союза, по вопросам, отнесенным к его компетенции;

      6) осуществляет мониторинг исполнения государствами-членами решений Комиссии по вопросам, отнесенным к его компетенции;

      7) готовит проекты экспертных заключений (в письменном виде) на поступившие в Комиссию предложения государств-членов по вопросам, отнесенным к его компетенции;

      8) осуществляет в пределах полномочий Коллегии Комиссии взаимодействие с органами государственной власти государств-членов по вопросам, отнесенным к его компетенции (в том числе запрашивает у органов государственной власти государств-членов, юридических и физических лиц информацию, необходимую для осуществления своих полномочий);

      9) обеспечивает разработку проектов международных договоров, решений, распоряжений и рекомендаций Комиссии, принимаемых Советом Комиссии, а также иных документов, необходимых для реализации Комиссии, по вопросам, отнесенным к его компетенции;

      10) обеспечивает участие в установленном порядке курируемых департаментов Комиссии в проведении процедуры оценки регулирующего воздействия;

      11) вносит на рассмотрение Коллегии Комиссии предложения о создании консультативных органов при Коллегии Комиссии по вопросам, отнесенным к его компетенции.

      53. Вопросы, связанные с предоставлением членам Коллегии Комиссии привилегий и иммунитетов, социальных гарантий, а также вопросы, связанные с трудовыми отношениями и обязательным государственным социальным и пенсионным обеспечением, регулируются в соответствии с Положением о социальных гарантиях, привилегиях и иммунитетах в Евразийском экономическом союзе (приложение № 32 к Договору).

IV. Департаменты Комиссии

      54. Обеспечение деятельности Совета Комиссии и Коллегии Комиссии осуществляется департаментами Комиссии.

      В состав департаментов Комиссии входят должностные лица и сотрудники.

      Прием на работу должностных лиц и сотрудников Комиссии осуществляется в соответствии со статьей 9 Договора.

      Директора департаментов Комиссии и их заместители назначаются Председателем Коллегии Комиссии на основе рекомендации конкурсной комиссии.

      С директорами департаментов Комиссии и их заместителями трудовые договоры (контракты) заключаются на срок, не превышающий срок работы Коллегии Комиссии, сформированной в соответствии с пунктом 33 настоящего Положения.

      Председатель Коллегии Комиссии вправе однократно продлить трудовые договоры (контракты) директоров департаментов Комиссии и их заместителей на срок до 3 месяцев.

      В случае досрочного прекращения (расторжения) трудового договора (контракта) директора департамента Комиссии или заместителя директора департамента Комиссии трудовой договор (контракт) с лицом, назначаемым на вакантную должность директора департамента Комиссии или заместителя директора департамента Комиссии, заключается па срок, оставшийся до окончания срока работы Коллегии Комиссии, сформированной в соответствии с пунктом 33 настоящего Положения.

      Директора департаментов Комиссии и их заместители должны удовлетворять следующим требованиям:

      иметь гражданство одного из государств-членов;

      иметь соответствующие должностным обязанностям профессиональную подготовку (квалификацию) и стаж работы не менее 5 лет по профилю.

      Департаменты Комиссии комплектуются сотрудниками на конкурсной основе из числа граждан государств-членов, которые отвечают соответствующим квалификационным требованиям к занимаемой должности, утверждаемым Советом Комиссии, и с учетом результатов квалификационного отбора, проведенного в государстве-члене, если необходимость такого отбора предусмотрена законодательством государства-члена.

      Сотрудники Комиссии принимаются на работу на основе трудовых договоров (контрактов), заключаемых с Председателем Коллегии Комиссии, сроком на 5 лет. Трудовой договор (контракт) с сотрудником Комиссии может быть продлен на тот же срок Председателем Коллегии Комиссии по представлению члена Коллегии Комиссии, курирующего деятельность соответствующего структурного подразделения Комиссии, в том числе с учетом результатов проведенной аттестации.

      Порядок заключения трудового договора (контракта), его продления и основания для его расторжения утверждается Советом Комиссии.

      К кандидатам могут предъявляться дополнительные требования, которые указываются в порядке проведения конкурса.

      Сотрудники Комиссии проходят аттестацию в порядке, утверждаемом Советом Комиссии.

      Сноска. Пункт 54 с изменением, внесенным Законом РК от 10.10.2022 № 145-VII (вступает в силу с даты получения депозитарием по дипломатическим каналам последнего письменного уведомления о выполнении государствами-членами внутригосударственных процедур, необходимых для его вступления в силу).

      55. Департаменты Комиссии реализуют следующие функции:

      1) осуществляют подготовку материалов, проектов решений, распоряжений и рекомендаций по вопросам функционирования Союза (в том числе предложений о заключении международных договоров и внесению в них изменений) для рассмотрения членами Коллегии Комиссии;

      2) осуществляют мониторинг исполнения государствами-членами международных договоров, входящих в право Союза, решений и распоряжений Коллегии Комиссии, Совета Комиссии, Межправительственного совета и Высшего совета в целях представления результатов на рассмотрение членами Коллегии Комиссии;

      3) осуществляют подготовку для рассмотрения членами Коллегии Комиссии предложений по результатам мониторинга и анализа законодательства государств-членов в сферах, регулируемых правом Союза;

      4) осуществляют подготовку проектов международных договоров и иных документов, необходимых для функционирования Союза;

      5) взаимодействуют с органами государственной власти государств-членов;

      6) осуществляют подготовку проектов бюджета Союза и отчета о его исполнении, разрабатывают проект бюджетной сметы Комиссии и обеспечивают ее исполнение;

      7) обеспечивают выполнение Комиссией функций депозитария международных договоров в рамках Союза;

      8) участвуют в установленном порядке в проведении процедур оценки регулирующего воздействия и оценки фактического воздействия, а также осуществляют мониторинг проведения этих процедур;

      9) осуществляют иные функции, определенные международными договорами, входящими в право Союза, решениями Высшего совета, Межправительственного совета и Комиссии (в том числе направленные на организацию работы органов Союза и информационно-техническое обеспечение деятельности Комиссии).

      Сноска. Пункт 55 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      56. Должностные лица и сотрудники Комиссии являются международными служащими.

      При исполнении своих служебных обязанностей должностные лица и сотрудники Комиссии независимы от государственных органов и должностных лиц государств-членов и не могут запрашивать или получать указания от органов власти или должностных лиц государств-членов.

      Каждое государство-член обязуется уважать статус должностных лиц и сотрудников Комиссии и не оказывать на них влияния при исполнении ими служебных обязанностей.

      В период работы в Комиссии должностные лица и сотрудники Комиссии не имеют права совмещать работу в Комиссии с другой работой или заниматься прочей оплачиваемой деятельностью, кроме преподавательской, научной или иной творческой деятельности, в течение всего срока действия своих должностных и служебных обязанностей.

      57. Члены Коллегии Комиссии, должностные лица и сотрудники Комиссии ежегодно в порядке и сроки, которые определяются Советом Комиссии, представляют в Комиссию сведения о своих доходах, имуществе и обязательствах имущественного характера, а также о доходах, имуществе и обязательствах имущественного характера членов своей семьи (супруга (супруги) и несовершеннолетних детей).

      58. Сведения о доходах, имуществе и обязательствах имущественного характера, представляемые членами Коллегии Комиссии, а также должностными лицами и сотрудниками Комиссии в соответствии с настоящим Положением, являются сведениями конфиденциального характера.

      59. Лица, виновные в разглашении сведений, указанных в пунктах 57 и 58 настоящего Положения, несут ответственность в соответствии с законодательством государств-членов.

      60. Проверка достоверности и полноты сведений, указанных в пунктах 57 и 58 настоящего Положения, осуществляется в порядке, утверждаемом Межправительственным советом.

      61. Члены Коллегии Комиссии, должностные лица и сотрудники Комиссии обязаны принимать меры к урегулированию или предотвращению конфликта интересов, который может возникнуть в силу наличия личной заинтересованности члена Коллегии Комиссии, должностного лица или сотрудника Комиссии.

      62. Вопросы, связанные с предоставлением должностным лицам и сотрудникам Комиссии привилегий и иммунитетов, социальных гарантий, а также вопросы, связанные с трудовыми отношениями и обязательным государственным социальным и пенсионным обеспечением, регулируются в соответствии с Положением о социальных гарантиях, привилегиях и иммунитетах в Евразийском экономическом союзе (приложение № 32 к Договору).

  ПРИЛОЖЕНИЕ № 2
к Договору о Евразийском
экономическом союзе


СТАТУТ
Суда Евразийского экономического союза
ГЛАВА I. Общие положения.
Правовой статус Суда

      1. Суд Евразийского экономического союза (далее – Суд) является судебным органом Евразийского экономического союза (далее – Союз), который образуется и действует на постоянной основе в соответствии с Договором о Евразийском экономическом союзе (далее – Договор) и настоящим Статутом.

      2. Целью деятельности Суда является обеспечение в соответствии с положениями настоящего Статута единообразного применения государствами-членами и органами Союза Договора, международных договоров в рамках Союза, международных договоров Союза с третьей стороной и решений органов Союза.

      Для целей настоящего Статута под органами Союза понимаются органы Союза, за исключением Суда.

      3. Суд пользуется правами юридического лица.

      4. Суд ведет свою документацию, имеет печать и бланки со своим наименованием, учреждает свой официальный интернет-сайт и официальный бюллетень.

      5. Суд разрабатывает предложения о финансировании деятельности Суда и распоряжается средствами, выделенными на обеспечение его деятельности, в соответствии с Положением о бюджете Союза.

      6. Условия оплаты труда судей, должностных лиц и сотрудников Суда определяются Высшим Евразийским экономическим советом.

ГЛАВА II. Состав Суда

      7. В состав Суда входят по два судьи от каждого государства-члена.

      8. Срок полномочий судьи – девять лет.

      9. Судьи должны обладать высокими моральными качествами, являться специалистами высокой квалификации в области международного и внутригосударственного права, а также, как правило, соответствовать требованиям, предъявляемым к судьям высших судебных органов государств-членов.

      10. Судьи назначаются на должности Высшим Евразийским экономическим советом по представлению государств-членов. Судья при вступлении в должность приносит присягу.

      11. Судьи освобождаются от должности Высшим Евразийским экономическим советом.

      12. Полномочия судьи могут прекращаться по следующим основаниям:

      1) прекращение деятельности Суда;

      2) истечение срока полномочий судьи;

      3) письменное заявление судьи о сложении полномочий в связи с переходом на другую работу или по иным причинам;

      4) неспособность по состоянию здоровья или по иным уважительным причинам осуществлять полномочия судьи;

      5) занятие деятельностью, несовместимой с должностью судьи;

      6) прекращение членства в Союзе государства, которым представлен судья;

      7) утрата судьей гражданства государства-члена, которым представлен судья;

      8) совершение судьей серьезного проступка, несовместимого с высоким статусом судьи;

      9) вступление в законную силу обвинительного приговора суда в отношении судьи либо решения суда о применении к нему принудительных мер медицинского характера;

      10) вступление в законную силу решения суда об ограничении дееспособности судьи либо о признании его недееспособным;

      11) смерть судьи или вступление в законную силу решения суда об объявлении его умершим либо признании безвестно отсутствующим.

      13. С инициативой о прекращении полномочий судьи по основаниям, предусмотренным пунктом 12 настоящего Статута, могут выступать государство-член, представившее судью, Суд или сам судья.

      Вопросы внесения инициативы о прекращении полномочий судьи определяются Регламентом Суда Евразийского экономического союза, который утверждается Высшим Евразийским экономическим советом (далее – Регламент).

      14. Руководство деятельностью Суда осуществляет Председатель Суда. Председатель Суда имеет заместителя.

      При временной невозможности участия Председателя Суда в деятельности Суда его обязанности исполняет заместитель Председателя Суда.

      15. Председатель Суда и его заместитель избираются на должности из состава Суда судьями Суда в соответствии с Регламентом и утверждаются Высшим Евразийским экономическим советом.

      Председатель Суда и его заместитель не могут являться гражданами одного и того же государства-члена.

      При прекращении полномочий Председатель Суда или его заместитель избираются из числа судей, представленных иными государствами-членами, нежели те, которыми были представлены предшествующий Председатель Суда и его заместитель соответственно.

      16. Председатель Суда и его заместитель осуществляют свои полномочия в течение трех лет.

      17. Председатель Суда:

      1) утверждает порядок организации и деятельности Суда и судей;

      2) организует деятельность Суда;

      3) в пределах полномочий обеспечивает взаимодействие Суда с уполномоченными органами государств-членов, иностранными и международными судебными органами;

      4) назначает на должность и освобождает от должности сотрудников и должностных лиц Суда в установленном настоящим Статутом порядке;

      5) организует предоставление средствам массовой информации сведений о деятельности Суда;

      6) осуществляет иные полномочия в пределах настоящего Статута.

      18. Судьи не могут представлять интересы государственных или межгосударственных органов и организаций, коммерческих структур, политических партий и движений, а также территорий, наций, народностей, социальных и религиозных групп и отдельных лиц.

      Судьи не вправе заниматься любой деятельностью, связанной с получением доходов, кроме научной, творческой и преподавательской.

      19. Судья не может участвовать в разрешении какого-либо дела, в котором он ранее участвовал в качестве представителя, поверенного или адвоката одной из сторон спора, члена национального или международного суда, следственной комиссии или в каком-либо ином качестве.

      20. Судьи при отправлении правосудия равны и обладают одинаковым статусом. Председатель Суда и его заместитель не вправе предпринимать действия, направленные на получение любого неправомерного преимущества по сравнению с другими судьями.

      21. Судья как при исполнении своих полномочий, так и во внеслужебных отношениях должен избегать конфликта интересов, а также всего того, что может умалить авторитет судебной власти, достоинство судьи или вызвать сомнение в его объективности, справедливости, беспристрастности.

ГЛАВА III. Аппарат Суда.
Статус должностных лиц и сотрудников

      22. Деятельность Суда обеспечивает Аппарат Суда.

      23. В структуру Аппарата Суда входят секретариаты судей и Секретариат Суда.

      24. Секретариат судьи состоит из советника судьи и помощника судьи.

      25. Правовое, организационное, материально-техническое и иное обеспечение деятельности Суда осуществляется Секретариатом Суда.

      26. Структура и численность Секретариата Суда утверждаются Высшим Евразийским экономическим советом.

      27. Секретариат Суда возглавляет руководитель Секретариата Суда. Руководитель Секретариата Суда имеет двух заместителей. Руководитель Секретариата Суда и его заместители являются должностными лицами Суда, которые назначаются на должности и освобождаются от должности в соответствии с настоящим Статутом и Договором. Руководитель Секретариата Суда и его заместители не могут являться гражданами одного и того же государства-члена.

      28. Трудовые правоотношения регулируются Договором, применимыми международными договорами в рамках Союза и законодательством государства пребывания Суда.

      29. Советник судьи является должностным лицом Суда, назначаемым на должность и освобождаемым от должности Председателем Суда по предложению соответствующего судьи.

      30. Советник судьи осуществляет информационно-аналитическое обеспечение деятельности судьи.

      31. Советник судьи должен обладать высокими моральными качествами, являться опытным специалистом в области международного права и (или) внешнеэкономической деятельности.

      32. Помощник судьи является сотрудником Суда, назначаемым на должность и освобождаемым от должности Председателем Суда по предложению соответствующего судьи.

      33. Помощник судьи осуществляет организационное обеспечение деятельности судьи.

      34. Отбор кандидатов на занятие должностей руководителя Секретариата Суда и его заместителей производится на конкурсной основе конкурсной комиссией Суда с учетом принципа равной представленности государств-членов.

      Кандидатуры для участия в конкурсе на занятие указанных должностей представляются государствами-членами.

      35. Секретариат Суда формируется на конкурсной основе с учетом долевого участия государств-членов в бюджете Союза из числа граждан государств-членов.

      Сотрудники Секретариата Суда принимаются на работу на основе заключаемых с ними трудовых договоров (контрактов).

      36. В состав конкурсной комиссии Суда по отбору кандидатов на занятие должностей Секретариата Суда входят все судьи Суда, за исключением Председателя Суда.

      Члены конкурсной комиссии избирают председателя конкурсной комиссии.

      Конкурсная комиссия принимает свои решения в виде рекомендаций большинством голосов и представляет их Председателю Суда для назначения.

      37. Порядок проведения конкурса на занятие вакантных должностей в Секретариате Суда определяется Судом и утверждается Председателем Суда в соответствии с основными правилами проведения конкурса, определяемыми Высшим Евразийским экономическим советом.

      38. Технический персонал Секретариата Суда принимается на работу руководителем Секретариата Суда на основе заключаемых с ними трудовых договоров (контрактов).

ГЛАВА IV. Компетенция Суда

      39. Суд рассматривает споры, возникающие по вопросам реализации Договора, международных договоров в рамках Союза и (или) решений органов Союза:

      1) по заявлению государства-члена:

      о соответствии международного договора в рамках Союза или его отдельных положений Договору;

      о соблюдении другим государством-членом (другими государствами-членами) Договора, международных договоров в рамках Союза и (или) решений органов Союза, а также отдельных положений указанных международных договоров и (или) решений;

      о соответствии решения Комиссии или его отдельных положений Договору, международным договорам в рамках Союза и (или) решениям органов Союза;

      об оспаривании действия (бездействия) Комиссии;

      2) по заявлению хозяйствующего субъекта:

      о соответствии решения Комиссии или его отдельных положений, непосредственно затрагивающих права и законные интересы хозяйствующего субъекта в сфере предпринимательской и иной экономической деятельности, Договору и (или) международными договорами в рамках Союза, если такое решение или его отдельные положения повлекли нарушение предоставленных Договором и (или) международными договорами в рамках Союза прав и законных интересов хозяйствующего субъекта;

      об оспаривании действия (бездействия) Комиссии, непосредственно затрагивающего права и законные интересы хозяйствующего субъекта в сфере предпринимательской и иной экономической деятельности, если такое действие (бездействие) повлекло нарушение предоставленных Договором и (или) международными договорами в рамках Союза прав и законных интересов хозяйствующего субъекта.

      Для целей настоящего Статута под хозяйствующим субъектом понимается юридическое лицо, зарегистрированное в соответствии с законодательством государства-члена или третьего государства, либо физическое лицо, зарегистрированное в качестве индивидуального предпринимателя в соответствии с законодательством государства-члена или третьего государства.

      40. Государства-члены могут отнести к компетенции Суда иные споры, разрешение которых Судом прямо предусмотрено Договором, международными договорами в рамках Союза, международными договорами Союза с третьей стороной или иными международными договорами между государствами-членами.

      41. Вопрос о наличии компетенции Суда по разрешению спора разрешается Судом. Суд при определении того, обладает ли он компетенцией рассматривать спор, руководствуется Договором, международными договорами в рамках Союза и (или) международными договорами Союза с третьей стороной.

      42. В компетенцию Суда не входит наделение органов Союза дополнительной компетенцией помимо той, которая прямо предусмотрена Договором и (или) международными договорами в рамках Союза.

      43. Спор не принимается к рассмотрению Судом без предварительного обращения заявителя к государству-члену или Комиссии для урегулирования вопроса в досудебном порядке путем консультаций, переговоров или иными способами, предусмотренными Договором и международными договорами в рамках Союза, за исключением случаев, прямо предусмотренных Договором.

      44. Если государство-член или Комиссия в течение 3 месяцев со дня поступления к ним обращения заявителя не приняли мер по урегулированию вопроса в досудебном порядке, заявление о рассмотрении спора может быть направлено в Суд.

      45. По взаимному согласию сторон спора спор может быть передан на рассмотрение Суда до истечения срока, указанного в пункте 44 настоящего Статута.

      46. Суд по заявлению государства-члена или органа Союза осуществляет разъяснение положений Договора, международных договоров в рамках Союза и решений органов Союза, а также по заявлению сотрудников и должностных лиц органов Союза и Суда положений Договора, международных договоров в рамках Союза и решений органов Союза, связанных с трудовыми правоотношениями (далее – разъяснение).

      47. Осуществление Судом разъяснения означает предоставление консультативного заключения и не лишает государства-члены права на совместное толкование ими международных договоров.

      48. Суд осуществляет разъяснение положений международного договора Союза с третьей стороной, если это предусмотрено таким международным договором.

      49. Обращение в Суд от имени государства-члена с заявлением о рассмотрении спора или с заявлением о разъяснении осуществляется уполномоченными органами и организациями государства-члена, перечень которых определяется каждым государством-членом и направляется в Суд по дипломатическим каналам.

      50. Суд при осуществлении правосудия применяет:

      1) общепризнанные принципы и нормы международного права;

      2) Договор, международные договоры в рамках Союза и иные международные договоры, участниками которых являются государства-стороны спора;

      3) решения и распоряжения органов Союза;

      4) международный обычай как доказательство всеобщей практики, признанной в качестве правовой нормы.

      51. Положения Договора, международных договоров в рамках Союза и международных договоров Союза с третьей стороной, касающиеся разрешения споров, разъяснения и толкования, применяются в части, не противоречащей настоящему Статуту.

ГЛАВА V. Судопроизводство
Раздел 1
Судопроизводство по делам о разрешении споров

      52. Порядок рассмотрения дел о разрешении споров в Суде определяется Регламентом.

      53. Суд осуществляет судопроизводство на основе следующих принципов:

      независимость судей;

      гласность разбирательства;

      публичность;

      равенство сторон спора;

      состязательность;

      коллегиальность.

      Порядок реализации принципов судопроизводства определяется Регламентом.

      54. Поступление заявления в Суд в отношении какого-либо международного договора в рамках Союза и (или) решения Комиссии не является основанием для приостановления действия такого международного договора и (или) решения и (или) их отдельных положений, за исключением случаев, прямо предусмотренных Договором.

      55. Суд может запрашивать необходимые для рассмотрения дел материалы у направивших заявление в Суд хозяйствующих субъектов, уполномоченных органов и организаций государств-членов, а также органов Союза.

      56. Информация ограниченного распространения может быть получена Судом или представлена лицом, участвующим в деле, в соответствии с Договором, международными договорами в рамках Союза, Регламентом и законодательством государств-членов. Суд принимает надлежащие меры по обеспечению защиты такой информации.

      57. Судопроизводство в Суде осуществляется при участии сторон спора, заявителя, их представителей, экспертов, включая экспертов специализированных групп, специалистов, свидетелей и переводчиков.

      58. Лица, участвующие в деле, пользуются процессуальными правами и несут процессуальные обязанности в соответствии с Регламентом.

      59. Экспертам специализированных групп предоставляется иммунитет от административной, гражданской и уголовной юрисдикции в отношении всего сказанного или написанного в связи с их участием в процессе по рассмотрению дела Судом. Эти лица утрачивают иммунитет в случае нарушения порядка использования и защиты информации ограниченного распространения, определенного Регламентом.

      60. Если государство-член или Комиссия считает, что решение по спору может затронуть их интересы, это государство-член или Комиссия может обратиться с ходатайством о разрешении вступить в дело в качестве заинтересованного участника спора.

      61. Суд оставляет без рассмотрения требования о возмещении убытков или иные требования имущественного характера.

      62. Обращение хозяйствующего субъекта в Суд облагается пошлиной.

      63. Пошлина уплачивается хозяйствующим субъектом до подачи заявления в Суд.

      64. В случае удовлетворения Судом требований хозяйствующего субъекта, указанных в заявлении, осуществляется возврат пошлины.

      65. Размер, валюта платежа, порядок зачисления, использования и возврата пошлины определяются Высшим Евразийским экономическим советом.

      66. В ходе рассмотрения дела каждая сторона спора несет свои судебные издержки самостоятельно.

      67. На любой стадии рассмотрения дела спор может быть урегулирован сторонами спора путем заключения мирового соглашения, отказа заявителя от своих требований или отзыва заявления.

Раздел 2
Судопроизводство по делам о разъяснении

      68. Порядок рассмотрения дел о разъяснении определяется Регламентом.

      69. Суд осуществляет судопроизводство по делам о разъяснении на основе принципов независимости судей и коллегиальности.

Раздел 3
Составы Суда

      70. Суд рассматривает дела в составе Большой коллегии Суда, Коллегии Суда и Апелляционной палаты Суда.

      71. Суд рассматривает дела о разрешении споров на заседаниях Большой коллегии Суда в случаях, предусмотренных подпунктом 1 пункта 39 настоящего Статута.

      72. Большая коллегия рассматривает процедурные вопросы, предусмотренные Регламентом.

      73. Суд рассматривает дела о разъяснении на заседаниях Большой коллегии Суда.

      74. В состав Большой коллегии Суда входят все судьи Суда.

      75. Судебное заседание Большой коллегии Суда считается правомочным при условии присутствия на нем всех судей Суда.

      76. Суд заседает в составе Коллегии Суда в случаях, предусмотренных подпунктом 2 пункта 39 настоящего Статута.

      77. В состав Коллегии Суда включается по одному судье от каждого государства-члена поочередно по фамилии судьи, начиная с первой буквы русского алфавита.

      78. Судебное заседание Коллегии Суда считается правомочным при условии присутствия на нем одного судьи от каждого государства-члена.

      79. Суд заседает в составе Апелляционной палаты Суда при рассмотрении заявлений об обжаловании решений Коллегии Суда.

      80. В состав Апелляционной палаты Суда входят судьи Суда от государств-членов, не принимавшие участия в рассмотрении дела, решение Коллегии Суда по которому обжалуется.

      81. Судебное заседание Апелляционной палаты Суда считается правомочным при условии присутствия на нем одного судьи от каждого государства-члена.

ГЛАВА VI. Специализированные группы

      82. При рассмотрении конкретного спора, предметом которого являются вопросы предоставления промышленных субсидий, мер государственной поддержки сельского хозяйства, применения специальных защитных, антидемпинговых и компенсационных мер, создается специализированная группа.

      83. Специализированная группа состоит из трех экспертов, по одному из списка, представленного каждым государством-членом по соответствующему виду спора.

      84. Состав специализированной группы утверждается Судом.

      85. После рассмотрения дела специализированная группа расформировывается.

      86. Государства-члены не позднее чем через 60 календарных дней после вступления в силу Договора направляют в Суд списки из не менее чем трех экспертов по каждому виду споров, указанных в пункте 82 настоящего Статута, которые готовы и способны выступать в качестве членов специализированных групп.

      Государства-члены на регулярной основе, но не реже чем один раз в год обновляют списки экспертов.

      87. В качестве экспертов выступают физические лица, являющиеся высококвалифицированными специалистами, обладающими специальными знаниями и опытом по вопросам, которые составляют предмет споров, указанных в пункте 82 настоящего Статута.

      88. Эксперты выступают в своем личном качестве, действуют независимо, а также не связаны ни с одной стороной спора и не могут получать от них каких-либо инструкций.

      89. Эксперт не может выступать в качестве члена специализированной группы в случае наличия конфликта интересов.

      90. Специализированная группа готовит заключение, содержащее объективную оценку фактических обстоятельств дела, и представляет его в Суд в сроки, установленные Регламентом.

      91. Заключение специализированной группы носит рекомендательный характер, за исключением случая, предусмотренного абзацем третьим пункта 92 настоящего Статута, и оценивается Судом при вынесении одного из решений, предусмотренных пунктами 104 – 110 настоящего Статута.

      92. Заключение специализированной группы, подготовленное по спору, предметом которого являются вопросы предоставления промышленных субсидий или мер государственной поддержки сельского хозяйства, должно содержать вывод о наличии либо об отсутствии нарушения, а также о применении соответствующих компенсирующих мер в случае наличия нарушения.

      В части вывода специализированной группы о наличии либо об отсутствии нарушения заключение специализированой группы носит рекомендательный характер и оценивается Судом при вынесении одного из решений, предусмотренных пунктами 104 – 110 настоящего Статута.

      В части вывода о применении соответствующих компенсирующих мер заключение специализированной группы является для Суда обязательным при вынесении решения.

      93. Порядок формирования и деятельности специализированных групп определяется Регламентом.

      94. Порядок оплаты услуг экспертов специализированных групп определяется Высшим Евразийским экономическим советом.

ГЛАВА VII. Акты Суда

      95. Суд в сроки, установленные Регламентом, принимает по процедурным вопросам деятельности Суда постановления, включая постановления:

      1) о принятии либо об отказе в принятии заявления к производству;

      2) о приостановлении или возобновлении производства по делу;

      3) о прекращении производства по делу.

      96. В срок не позднее 90 дней со дня поступления заявления Суд по результатам рассмотрения спора выносит решение, а по заявлению о разъяснении предоставляет консультативное заключение.

      97. Срок вынесения решения может быть продлен в случаях, предусмотренных Регламентом.

      98. Консультативное заключение по заявлению о разъяснении носит рекомендательный характер.

      99. По результатам рассмотрения споров, предусмотренных подпунктом 1 пункта 39 настоящего Статута, Суд выносит решение, которое является обязательным для исполнения сторонами спора.

      100. По результатам рассмотрения споров, предусмотренных подпунктом 2 пункта 39 настоящего Статута, Суд выносит решение, которое является обязательным для исполнения Комиссией.

      101. Решение Суда не может выходить за рамки указанных в заявлении вопросов.

      102. Решение Суда не изменяет и (или) не отменяет действующих норм права Союза, законодательства государств-членов и не создает новых.

      103. Без ущерба положениям пунктов 111 – 113 настоящего Статута стороны спора самостоятельно определяют форму и способ исполнения решения Суда.

      104. По результатам рассмотрения дела по заявлению

      государства-члена о соответствии международного договора в рамках Союза или его отдельных положений Договору Большая коллегия Суда выносит одно из следующих решений:

      1) о несоответствии международного договора в рамках Союза или его отдельных положений Договору;

      2) о соответствии международного договора в рамках Союза или его отдельных положений Договору.

      105. По результатам рассмотрения дела по заявлению государства-члена о соблюдении другим государством-членом (другими государствами-членами) Договора, международных договоров в рамках Союза и (или) решений органов Союза, а также отдельных положений указанных международных договоров и (или) решений Большая коллегия Суда выносит одно из следующих решений:

      1) об установлении факта соблюдения государством-членом (государствами-членами) Договора, международных договоров в рамках Союза и (или) решений органов Союза, а также отдельных положений указанных международных договоров и (или) решений;

      2) об установлении факта несоблюдения государством-членом (государствами-членами) Договора, международных договоров в рамках Союза и (или) решений органов Союза, а также отдельных положений указанных международных договоров и (или) решений.

      106. По результатам рассмотрения дела по заявлению государства-члена о соответствии решения Комиссии или его отдельных положений Договору, международным договорам в рамках Союза и (или) решениям органов Союза Большая коллегия Суда выносит одно из следующих решений:

      1) о несоответствии решения Комиссии или его отдельных положений Договору, международным договорам в рамках Союза и (или) решениям органов Союза;

      2) о соответствии решения Комиссии или его отдельных положений Договору, международным договорам в рамках Союза и (или) решениям органов Союза.

      107. По результатам рассмотрения дела по заявлению государства-члена об оспаривании действия (бездействия) Комиссии Большая коллегия Суда выносит одно из следующих решений:

      1) о признании оспариваемого действия (бездействия) не соответствующим Договору и (или) международным договорам в рамках Союза;

      2) о признании оспариваемого действия (бездействия) соответствующим Договору и (или) международным договорам в рамках Союза.

      108. По результатам рассмотрения дела по заявлению хозяйствующего субъекта о соответствии решения Комиссии или его отдельных положений, непосредственно затрагивающих права и законные интересы хозяйствующего субъекта в сфере предпринимательской и иной экономической деятельности, Договору и (или) международным договорам в рамках Союза, если такое решение или его отдельные положения повлекли нарушение предоставленных Договором и (или) международными договорами в рамках Союза прав и законных интересов хозяйствующего субъекта, Коллегия Суда выносит одно из следующих решений:

      1) о признании решения Комиссии или его отдельных положений соответствующими Договору и (или) международным договорам в рамках Союза;

      2) о признании решения Комиссии или его отдельных положений не соответствующими Договору и (или) международным договорам в рамках Союза.

      109. По результатам рассмотрения дела по заявлению хозяйствующего субъекта об оспаривании действия (бездействия) Комиссии Коллегия Суда выносит одно из следующих решений:

      1) о признании оспариваемого действия (бездействия) Комиссии не соответствующим Договору и (или) международным договорам в рамках Союза и нарушающим права и законные интересы хозяйствующего субъекта в сфере предпринимательской и иной экономической деятельности;

      2) о признании оспариваемого действия (бездействия) Комиссии соответствующим Договору и (или) международным договорам в рамках Союза и не нарушающим права и законные интересы хозяйствующего субъекта в сфере предпринимательской и иной экономической деятельности.

      110. По результатам рассмотрения дела по заявлению хозяйствующего субъекта об обжаловании решения Коллегии Суда Апелляционная палата Суда выносит одно из следующих решений:

      1) об оставлении решения Коллегии Суда без изменения, а заявления об обжаловании – без удовлетворения;

      2) об отмене полностью или в части либо об изменении решения Коллегии Суда, вынесении нового решения по делу в соответствии с пунктами 108 и 109 настоящего Статута.

      111. Действие решения Комиссии или его отдельных положений, признанных Судом не соответствующими Договору и (или) международным договорам в рамках Союза, продолжается после вступления в силу соответствующего решения Суда до исполнения Комиссией данного решения Суда.

      Решение Комиссии или его отдельные положения, признанные Судом не соответствующими Договору и (или) международным договорам в рамках Союза, в разумный срок, но не превышающий 60 календарных дней с даты вступления в силу решения Суда, приводится Комиссией в соответствие с Договором и (или) международными договорами в рамках Союза, если иной срок не установлен в решении Суда.

      В своем решении Суд с учетом положений Договора и (или) международных договоров в рамках Союза может установить иной срок для приведения в соответствие с Договором и (или) международными договорами в рамках Союза решения Комиссии.

      112. При наличии обоснованного ходатайства стороны спора действие решения Комиссии или его отдельных положений, признанных Судом не соответствующими Договору и (или) международным договорам в рамках Союза, может приостанавливаться по решению Суда с даты вступления в силу такого решения Суда.

      113. Комиссия обязана в разумный срок, но не превышающий 60 календарных дней с даты вступления в силу решения Суда, если иной срок не установлен в решении Суда, исполнить вступившее в силу решение Суда, в котором Суд установил, что оспариваемое действие (бездействие) Комиссии не соответствует Договору и (или) международным договорам в рамках Союза и что таким действием (бездействием) Комиссии нарушены права и законные интересы хозяйствующих субъектов, предусмотренные Договором и (или) международными договорами в рамках Союза.

      114. В случае неисполнения решения Суда государство-член вправе обратиться в Высший Евразийский экономический совет с целью принятия необходимых мер, связанных с его исполнением.

      115. В случае неисполнения Комиссией решения Суда хозяйствующий субъект вправе обратиться в Суд с ходатайством о принятии мер по его исполнению.

      Суд по ходатайству хозяйствующего субъекта в течение 15 календарных дней с даты его поступления обращается в Высший Евразийский экономический совет для принятия им решения по данному вопросу.

      116. Акты Суда подлежат опубликованию в официальном бюллетене Суда и на официальном интернет-сайте Суда.

      117. Решение Суда может быть разъяснено без изменения его сущности и содержания только самим Судом по обоснованному ходатайству сторон по делу.

ГЛАВА VIII. Заключительные положения

      118. Судьи, должностные лица, сотрудники Суда, лица, участвующие в деле, эксперты специализированных групп не разглашают и не передают третьим лицам информацию, полученную ими в процессе рассмотрения дела, без письменного согласия лица, предоставившего такую информацию.

      119. Порядок использования и защиты информации ограниченного распространения определяется Регламентом.

      120. Суд ежегодно представляет Высшему Евразийскому экономическому совету отчет о своей деятельности.

  ПРИЛОЖЕНИЕ № 3
к Договору о Евразийском
экономическом союзе


Протокол об информационно-коммуникационных технологиях и информационном взаимодействии в рамках Евразийского экономического союза

      1. Настоящий Протокол разработан в соответствии со статьей 23 Договора о Евразийском экономическом союзе (далее – Договор) в целях определения основополагающих принципов информационного взаимодействия и координации его осуществления в рамках Союза, а также определения порядка создания и развития интегрированной информационной системы.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "бумажная копия электронного документа" – копия электронного документа на бумажном носителе, заверенная в порядке, установленном законодательством государств-членов;

      "доверенная третья сторона" – организация, наделенная в соответствии с законодательством государств-членов правом осуществлять деятельность по проверке электронной цифровой подписи (электронной подписи) в электронных документах в фиксированный момент времени в отношении лица, подписавшего электронный документ;

      "заказчик национального сегмента государства-члена" – государственный орган государства-члена, выполняющий функции заказчика и организатора работ по созданию, развитию и эксплуатации национального сегмента государства-члена, определяемый в соответствии с законодательством государства-члена;

      "защита информации" – принятие и реализация комплекса правовых, организационных и технических мер по определению, достижению и поддержанию конфиденциальности, целостности и доступности информации и средств ее обработки с целью исключения или минимизации неприемлемых рисков для субъектов информационного взаимодействия;

      "интегрированная информационная система Союза" – организационная совокупность территориально распределенных государственных информационных ресурсов и информационных систем уполномоченных органов, информационных ресурсов и информационных систем Комиссии, объединенных национальными сегментами государств-членов и интеграционным сегментом Комиссии;

      "информационная система" – совокупность информационных технологий и технических средств, обеспечивающих обработку информационных ресурсов;

      "информационно-коммуникационные технологии" – совокупность методов и средств реализации информационных технологий и телекоммуникационных процессов;

      "информационные технологии" – процессы, методы поиска, сбора, накопления, систематизации, хранения, уточнения, обработки, предоставления, распространения и удаления (уничтожения) информации, а также способы осуществления таких процессов и методов;

      "информационный ресурс" – упорядоченная совокупность документированной информации (базы данных, другие массивы информации), содержащейся в информационных системах;

      "классификатор" – систематизированный, структурированный и кодифицированный перечень наименований объектов классификации;

      "национальный сегмент государства-члена", "интеграционный сегмент Комиссии" – информационные системы, обеспечивающие информационное взаимодействие информационных систем уполномоченных органов и информационных систем Комиссии в рамках интегрированной информационной системы Союза;

      "нормативно-справочная информация" – совокупность справочников и классификаторов, которые используются при осуществлении информационного обмена между субъектами электронного взаимодействия;

      "общая инфраструктура документирования информации в электронном виде" – совокупность информационно-технологических и организационно-правовых мероприятий, правил и решений, реализуемых в целях придания юридической силы электронным документам, используемым в рамках Союза;

      "общий информационный ресурс" – информационный ресурс Комиссии, формируемый путем централизованного ведения либо на основе информационного взаимодействия государств-членов;

      "общий процесс в рамках Союза" – операции и процедуры, регламентированные (установленные) международными договорами и актами, составляющими право Союза, и законодательством государств-членов, которые начинаются на территории одного из государств-членов, а заканчиваются (изменяются) на территории другого государства-члена;

      "справочник" – систематизированный, структурированный и кодифицированный перечень однородной по своему содержанию или сути информации. Разновидностями справочников являются сборники, списки, указатели, описи, словари и другие алфавитные, систематические, предметные, хронологические или составленные по какому-либо иному признаку перечни информации;

      "субъекты электронного взаимодействия" – государственные органы, физические или юридические лица, взаимодействующие в рамках отношений, возникающих в процессе составления, отправления, передачи, получения, хранения и использования электронных документов, а также информации в электронном виде;

      "трансграничное пространство доверия" – совокупность правовых, организационных и технических условий, согласованных государствами-членами с целью обеспечения доверия при межгосударственном обмене данными и электронными документами между уполномоченными органами, а также между хозяйствующими субъектами и уполномоченными органами в процессе составления, отправления, передачи и получения электронных документов, информации в электронном виде;

      "унифицированная система классификации и кодирования информации" – совокупность справочников, классификаторов нормативно-справочной информации, а также порядка и методологии их разработки, ведения и применения;

      "уполномоченный орган" – государственный орган государства-члена или определенная им организация, наделенные полномочиями по реализации государственной политики в отдельных сферах;

      "учетная система" – информационная система, которая содержит информацию из правоустанавливающих документов субъектов электронного взаимодействия и с использованием которой составляются или выдаются юридически значимые электронные документы;

      "электронная форма взаимодействия" – способ информационного взаимодействия, основанный на применении информационно-коммуникационных технологий;

      "электронный вид документа" – информация, сведения, данные, представленные в виде, пригодном для восприятия человеком с использованием электронных вычислительных машин, а также для передачи и обработки с использованием информационно-коммуникационных технологий с соблюдением установленных требований к формату и структуре;

      "электронный документ" – документ в электронном виде, заверенный электронной цифровой подписью (электронной подписью) и отвечающий требованиям общей инфраструктуры документирования информации в электронном виде.

      Сноска. Пункт 2 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 19.04.2024 № 75-VIII.

      3. На основе расширения функциональных возможностей интегрированной информационной системы внешней и взаимной торговли проводятся работы по созданию, обеспечению функционирования и развития интегрированной информационной системы Союза (далее – интегрированная система), которая обеспечивает информационную поддержку по следующим вопросам:

      1) таможенно-тарифное и нетарифное регулирование;

      2) таможенное регулирование;

      3) техническое регулирование, применение санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер;

      4) зачисление и распределение ввозных таможенных пошлин;

      5) зачисление и распределение специальных, антидемпинговых и компенсационных пошлин;

      6) статистика;

      7) конкурентная политика;

      8) энергетическая политика;

      9) валютная политика;

      10) интеллектуальная собственность;

      11) финансовые рынки (банковская сфера, сфера страхования, валютный рынок, рынок ценных бумаг);

      12) обеспечение деятельности органов Союза;

      13) макроэкономическая политика;

      14) промышленная и агропромышленная политика;

      15) обращение лекарственных средств и медицинских изделий;

      16) иные вопросы, в пределах полномочий Союза (включаемые в область охвата интегрированной системы по мере ее развития).

      Сноска. Пункт 3 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      4. Основными задачами формирования интегрированной системы являются:

      1) создание и ведение на основе унифицированной системы классификации и кодирования единой системы нормативно-справочной информации Союза;

      2) создание интегрированной информационной структуры межгосударственного обмена данными и электронными документами в рамках Союза;

      3) создание общих для государств-членов информационных ресурсов;

      4) обеспечение информационного взаимодействия на основе положений Договора для обеспечения формирования общих информационных ресурсов, информационного обеспечения уполномоченных органов, осуществляющих государственный контроль, а также реализации общих процессов в рамках Союза;

      5) обеспечение доступа к текстам международных договоров и актов, составляющих право Союза, и проектов международных договоров и актов, составляющих право Союза, а также к общим информационным ресурсам и информационным ресурсам государств-членов;

      6) создание и обеспечение функционирования общей инфраструктуры документирования информации в электронном виде.

      5. В рамках интегрированной системы формируются общие информационные ресурсы, содержащие:

      1) законодательные и иные нормативные правовые акты государств-членов, международные договоры и акты, составляющие право Союза;

      2) нормативно-справочную информацию, формируемую путем централизованного ведения базы данных либо на основе информационного взаимодействия государств-членов;

      3) реестры, формируемые на основе информационного взаимодействия государств-членов и Комиссии;

      4) официальную статистическую информацию;

      5) информационно-методические, научные, технические и иные справочно-аналитические материалы государств-членов;

      6) иную информацию, включаемую в состав общих информационных ресурсов по мере развития интегрированной системы.

      6. При формировании интегрированной системы государства-члены исходят из следующих принципов:

      1) общность интересов и взаимная выгода;

      2) применение единых методологических подходов к подготовке информации для интегрированной системы на основе общей модели данных;

      3) доступность, достоверность и полнота информации;

      4) своевременность предоставления информации;

      5) соответствие уровню современных информационных технологий;

      6) интеграция с информационными системами государств-членов;

      7) обеспечение равного доступа государств-членов к информационным ресурсам, содержащимся в интегрированной системе;

      8) использование предоставленной информации только в заявленных целях без ущерба для государства-члена, ее предоставившего;

      9) открытость интегрированной системы для всех категорий пользователей с учетом соблюдения требования по использованию информации в соответствии с заявленными целями;

      10) осуществление на безвозмездной основе информационного обмена между уполномоченными органами, уполномоченными органами и Комиссией с использованием интегрированной системы.

      7. Состав и содержание справочников и классификаторов, входящих в состав нормативно-справочной информации в соответствии с Договором и международными договорами в рамках Союза, определяются Комиссией по согласованию с уполномоченными органами.

      8. При формировании интегрированной системы государства-члены руководствуются международными стандартами и рекомендациями.

      9. В целях формирования общих информационных ресурсов, обеспечения реализации общих процессов в рамках Союза и эффективного осуществления различных видов государственного контроля с использованием средств интегрированной системы обеспечивается электронная форма взаимодействия между уполномоченными органами, уполномоченными органами и Комиссией, а также между Комиссией и интеграционными объединениями, международными организациями. Перечень общих процессов в рамках Союза, технология реализации общих процессов в рамках Союза, порядок и регламент направления и получения сообщений (запросов) в процессе взаимодействия, требования к электронному виду документов (электронным документам) определяются Комиссией в порядке, установленном Договором.

      10. Перечень представляемой в процессе взаимодействия в электронной форме информации определяется Договором или международными договорами в рамках Союза.

      11. С целью создания равных условий для хозяйствующих субъектов и физических лиц по представлению сведений уполномоченным органам, согласованного развития электронных форм взаимодействия между уполномоченными органами, хозяйствующими субъектами и физическими лицами Комиссия вправе определять для указанных видов взаимодействия единые, унифицированные в рамках Союза требования к электронному виду документов (электронным документам), к порядку направления и получения сообщений (запросов) в процессе взаимодействия либо рекомендовать их к применению.

      12. При электронной форме взаимодействия с использованием электронных документов, а также при их обработке в информационных системах соблюдаются следующие принципы:

      1) если в соответствии с законодательством государства-члена требуется, чтобы документ был оформлен на бумажном носителе, то электронный документ, оформленный по правилам и требованиям документирования, утверждаемым Советом Комиссии, считается соответствующим этим правилам и требованиям;

      2) электронный документ, оформленный по правилам и требованиям документирования, утверждаемым Советом Комиссии, признается равным по юридической силе аналогичному документу на бумажном носителе, заверенному подписью либо подписью и печатью;

      3) документ не может быть лишен юридической силы на том лишь основании, что он составлен в виде электронного документа;

      4) при извлечении сведений из электронных документов, в том числе при преобразовании форматов и структур, с целью их обработки в информационных системах обеспечивается их идентичность, аналогичным сведениям, указанным в электронных документах;

      5) в случаях, предусмотренных международными договорами и актами, составляющими право Союза, либо законодательством государств-членов, с использованием учетной системы может обеспечиваться формирование бумажных копий электронных документов.

      Сноска. Пункт 12 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      13. Развитие трансграничного пространства доверия осуществляется Комиссией и государствами-членами в соответствии со стратегией и концепцией использования при межгосударственном информационном взаимодействии имеющих юридическую силу электронных документов и сервисов.

      14. Общая инфраструктура документирования информации в электронном виде состоит из государственных компонентов и интеграционного компонента.

      15. Оператором интеграционного компонента общей инфраструктуры документирования информации в электронном виде выступает Комиссия.

      16. Операторами государственных компонентов общей инфраструктуры документирования информации в электронном виде выступают уполномоченные органы или определенные ими организации в соответствии с законодательством государства-члена.

      17. Интеграционный компонент общей инфраструктуры документирования информации в электронном виде представляет собой совокупность элементов трансграничного пространства доверия, обеспечивающих осуществление трансграничного электронного документооборота, на основе согласованных стандартов и инфраструктурных решений.

      18. Требования к созданию, развитию и функционированию трансграничного пространства доверия разрабатываются Комиссией во взаимодействии с уполномоченными органами и утверждаются Комиссией. Проверка компонентов общей инфраструктуры документирования информации в электронном виде на соответствие указанным требованиям осуществляется комиссией, сформированной из представителей государств-членов и Комиссии. Положение о комиссии, включающее порядок ее формирования и осуществления деятельности, определяется Советом Комиссии.

      19. Информационный обмен электронными документами между субъектами электронного взаимодействия, использующими разные механизмы защиты электронных документов, обеспечивается с использованием сервисов, предоставляемых операторами общей инфраструктуры документирования информации в электронном виде, в том числе сервисов доверенной третьей стороны.

      20. Сервисы доверенной третьей стороны предоставляются государствами-членами и Комиссией. Операторами сервисов доверенной третьей стороны государств-членов являются уполномоченные органы или определенные (аккредитованные) ими организации. Оператором сервисов доверенной третьей стороны Комиссии является Комиссия. Государства-члены обеспечивают право субъектов электронного взаимодействия пользоваться услугами доверенных третьих сторон.

      21. Основными задачами доверенной третьей стороны являются:

      1) осуществление легализации (подтверждение подлинности) электронных документов и электронных цифровых подписей (электронных подписей) субъектов информационного взаимодействия в фиксированный момент времени;

      2) обеспечение гарантий доверия в международном (трансграничном) обмене электронными документами;

      3) обеспечение правомерности применения электронных цифровых подписей (электронных подписей) в исходящих и (или) входящих электронных документах в соответствии с законодательством государств-членов и актами Комиссии.

      22. Порядок ведения и использования информационных ресурсов в рамках учетной системы определяется законодательством государств-членов.

      23. Основными задачами Комиссии в части обеспечения электронной формы взаимодействия с использованием электронных документов являются:

      1) обеспечение взаимоприемлемого для государств-членов уровня защиты информации в интеграционном сегменте Комиссии;

      2) выработка решений для обеспечения защиты информации в учетных системах и общей инфраструктуры документирования информации в электронном виде, включая средства доступа субъектов информационного взаимодействия;

      3) определение состава компонентов общей инфраструктуры документирования информации в электронном виде на основе межгосударственных стандартов государств-членов, международных стандартов и рекомендаций;

      4) координация разработки и апробирования типовых информационно-технологических решений и программно-аппаратных комплексов в рамках общей инфраструктуры документирования информации в электронном виде;

      5) координация разработки правил документирования информации в электронном виде, регламентов работы отдельных компонентов и служб общей инфраструктуры документирования информации в электронном виде, а также рекомендаций по их применению для субъектов электронного взаимодействия;

      6) подготовка рекомендаций для гармонизации законодательства государств-членов при использовании электронных документов в процессе информационного взаимодействия в рамках Союза, а также для унификации интерфейсов информационного взаимодействия между учетными системами;

      7) координация взаимодействия государств-членов с третьими сторонами по отдельным вопросам формирования трансграничного пространства доверия.

      24. Государства-члены обеспечивают защиту информации, содержащейся в информационных ресурсах, информационных системах и информационно-телекоммуникационных сетях уполномоченных органов в соответствии с требованиями законодательства государств-членов.

      25. Обмен информацией, отнесенной законодательством государств-членов к государственной тайне (государственным секретам) или к сведениям ограниченного распространения (доступа), осуществляется с соблюдением требований законодательства государств-членов по их защите.

      26. Порядок обмена информацией, содержащей сведения, относящиеся в соответствии с законодательством государств-членов к государственной тайне (государственным секретам) или к сведениям ограниченного распространения (доступа), устанавливается международными договорами в рамках Союза.

      27. Создание интегрированной системы координируется Комиссией, которая обеспечивает ее функционирование и развитие во взаимодействии с заказчиками национальных сегментов государств-членов с учетом стратегии развития интегрированной системы, разрабатываемой Комиссией и утверждаемой Советом Комиссии. Работы по созданию, обеспечению функционирования и развитию интегрированной системы осуществляются на основании планов (с указанием сроков и стоимости работ по созданию, обеспечению функционирования и развитию интеграционного сегмента Комиссии), разрабатываемых Комиссией во взаимодействии с уполномоченными органами и утверждаемых Советом Комиссии.

      28. Комиссия осуществляет права и исполняет обязанности собственника в отношении таких составляющих интегрированной системы, как интеграционный сегмент Комиссии, информационные ресурсы и информационные системы Комиссии, а также организует их проектирование, разработку, внедрение, прием результатов работ и дальнейшее сопровождение.

      29. Комиссия осуществляет заказы (закупки) товаров (работ, услуг), оценку конкурсных предложений, поданных при осуществлении заказов (закупок) товаров (работ, услуг), и приобретение имущественных прав в отношении составляющих интегрированной системы, указанных в пункте 28 настоящего Протокола.

      30. Для целей обеспечения унификации применяемых организационных и технических решений при создании, развитии и функционировании сегментов интегрированной системы, поддержания надлежащего уровня защиты информации Комиссия координирует разработку проектов технических, технологических, методических и организационных документов и утверждает их.

      31. Государство-член определяет заказчика национального сегмента государства-члена, который осуществляет права и исполняет обязанности по его созданию, обеспечению функционирования и развития.

      Порядок взаимодействия заказчика национального сегмента государства-члена с уполномоченными органами определяется законодательством этого государства-члена.

      Сноска. Пункт 31 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      32. Государства-члены имеют равные права пользования интегрированной системой.

      33. Финансирование работ по созданию, развитию и обеспечению функционирования составляющих интегрированной системы, указанных в пункте 28 настоящего Протокола, осуществляется за счет средств бюджета Союза, при этом в отношении работ по их созданию и развитию – исходя из объемов, необходимых для реализации планов, указанных в пункте 27 настоящего Протокола.

      34. Финансирование работ по созданию, развитию и обеспечению функционирования государственных информационных ресурсов и информационных систем уполномоченных органов, а также национальных сегментов государств-членов осуществляется за счет средств бюджетов государств-членов, предусмотренных на обеспечение деятельности уполномоченных органов.

  ПРИЛОЖЕНИЕ № 4
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о порядке формирования и распространения
официальной статистической информации
Евразийского экономического союза

      1. Настоящий Протокол разработан в соответствии со статьей 24 Договора о Евразийском экономическом союзе в целях определения порядка формирования и распространения официальной статистической информации Союза.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "официальная статистическая информация государств-членов" – статистическая информация, формируемая уполномоченными органами в рамках национальных программ статистических работ и (или) в соответствии с законодательством государств-членов;

      "официальная статистическая информация Союза" – статистическая информация, формируемая Комиссией на основе официальной статистической информации государств-членов, официальной статистической информации международных организаций и иной информации из источников, не запрещенных законодательством государств-членов;

      "уполномоченные органы" – государственные органы государств-членов, включая национальные (центральные) банки, на которые возложены функции формирования официальной статистической информации государств-членов.

      3. В целях обеспечения государств-членов и Комиссии официальной статистической информацией о товарах, перемещаемых между государствами-членами во взаимной торговле, уполномоченные органы осуществляют ведение статистики взаимной торговли товарами с другими государствами-членами.

      4. Ведение статистики взаимной торговли товарами осуществляется уполномоченными органами в соответствии с методологией, утверждаемой Комиссией.

      5. Уполномоченные органы предоставляют Комиссии официальную статистическую информацию государств-членов согласно перечню статистических показателей.

      6. Перечень статистических показателей, сроки и форматы предоставления официальной статистической информации государств-членов утверждаются Комиссией по согласованию с уполномоченными органами.

      7. Комиссия вправе запрашивать у уполномоченных органов иную официальную статистическую информацию государств-членов, не включенную в перечень статистических показателей.

      8. Уполномоченные органы принимают меры по обеспечению полноты, достоверности и своевременности предоставления Комиссии официальной статистической информации государств-членов, информируют Комиссию о невозможности предоставления официальной статистической информации в установленные сроки.

      9. Положения настоящего Протокола не распространяются на официальную статистическую информацию государств-членов, отнесенную к государственной тайне (государственным секретам) или сведениям ограниченного распространения (доступа) в соответствии с законодательством государств-членов.

      10. Комиссия осуществляет сбор, накопление, систематизацию, анализ и распространение официальной статистической информации Союза, предоставление указанной информации по запросам уполномоченных органов, а также координацию информационного и методологического взаимодействия уполномоченных органов в сфере статистики в рамках настоящего Протокола.

      11. Комиссия разрабатывает и утверждает методологию формирования официальной статистической информации Союза, составляемой на основе предоставляемой Комиссии официальной статистической информации государств-членов.

      12. Комиссия принимает меры, направленные на обеспечение сопоставимости официальной статистической информации государств-членов, путем принятия соответствующих рекомендаций по применению уполномоченными органами единых, сопоставимых на международном уровне стандартов, включая классификации и методологию.

      13. Распространение официальной статистической информации Союза осуществляется Комиссией в соответствии с программой статистических работ, утверждаемой Комиссией, путем опубликования в официальных изданиях Комиссии и размещения на официальном сайте Союза в сети Интернет.

      14. Комиссия совместно с уполномоченными органами разрабатывает и утверждает программы развития интеграции в сфере статистики.

  ПРИЛОЖЕНИЕ № 5
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о порядке зачисления и распределения сумм ввозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное действие), их перечисления в доход бюджетов государств-членов

      Сноска. В протоколе по тексту слово "плательщик" в соответствующих числе и падеже исключены Законом РК от 14.06.2021 № 50-VII.

I. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьей 26 Договора о Евразийском экономическом союзе и определяет порядок зачисления и распределения между государствами-членами сумм ввозных таможенных пошлин, обязанность по уплате которых в отношении товаров, ввозимых на таможенную территорию Союза, возникла с 1 сентября 2010 г, а для присоединившихся к указанному Договору новых членов - с даты начала применения ими настоящего Протокола.

      Настоящий Протокол применяется также в отношении сумм пеней (процентов), начисленных на суммы ввозных таможенных пошлин в случаях и порядке, предусмотренных в соответствии с регулирующими таможенные правоотношения международными договорами и актами, составляющими право Союза.

      Сноска. Пункт 1 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "единый счет уполномоченного органа" – счет, открытый уполномоченному органу в национальном (центральном) банке либо в уполномоченном органе, имеющем корреспондентский счет (единый казначейский счет) в национальном (центральном) банке, для зачисления и распределения поступлений между бюджетами данного государства-члена;

      "отчетный день" – рабочий день государства-члена, в который осуществляется зачисление на единый счет уполномоченного органа сумм ввозных таможенных пошлин;

      "процент за просрочку" – сумма, подлежащая перечислению государством-членом другим государствам-членам за нарушение положений настоящего Протокола, повлекшее неисполнение, неполное и (или) несвоевременное исполнение обязательств государства-члена по перечислению сумм от распределения ввозных таможенных пошлин;

      "счет в иностранной валюте" – счет, открытый уполномоченному органу одного государства-члена в национальном (центральном) банке в валюте другого государства-члена для зачисления этим другим государством-членом поступлений от распределения ввозных таможенных пошлин;

      "текущий день" – следующий за отчетным рабочий день государства-члена, в который осуществляются операции по распределению сумм ввозных таможенных пошлин за отчетный день;

      "уполномоченный орган" – государственный орган государства-члена, осуществляющий кассовое (казначейское) обслуживание исполнения бюджета этого государства-члена.

      Иные понятия, используемые в настоящем Протоколе, применяются в значениях, определенных Договором о Евразийском экономическом союзе и Таможенным кодексом Евразийского экономического союза.

      Сноска. Пункт 2 с изменениями, внесенными Законом РК от 19.04.2024 № 75-VIII.

II. Порядок зачисления и распределения между государствами-членами сумм ввозных таможенных пошлин

      3. Суммы ввозных таможенных пошлин подлежат зачислению в национальной валюте на единый счет уполномоченного органа того государства-члена, в котором они подлежат уплате в соответствии с регулирующими таможенные правоотношения международными договорами и актами, составляющими право Союза, в том числе при взыскании ввозных таможенных пошлин.

      Ввозные таможенные пошлины уплачиваются на единый счет уполномоченного органа отдельными расчетными (платежными) документами (инструкциями).

      В счет уплаты ввозных таможенных пошлин могут быть зачтены авансовые платежи, вывозные таможенные пошлины, налоги и сборы, а также иные платежи (за исключением специальных, антидемпинговых, компенсационных пошлин), уплаченные в соответствии с законодательством государства-члена и поступившие на единый счет уполномоченного органа.

      Суммы денежных средств (денег), поступившие на единый счет уполномоченного органа в качестве ввозной таможенной пошлины, но не идентифицированные в разрезе сумм ввозных таможенных пошлин в отношении конкретных товаров, для целей настоящего Протокола рассматриваются в качестве ввозных таможенных пошлин.

      Если зачет авансовых платежей в счет уплаты ввозных таможенных пошлин осуществляется на основании распоряжения лица, внесшего авансовые платежи, в отношении товаров, помещаемых под таможенную процедуру, зачет таких платежей на едином счете уполномоченного органа производится в соответствии с законодательством государства-члена, в котором ввозные таможенные пошлины подлежат уплате, не позднее 5 рабочих дней со дня, следующего за днем выпуска товаров таможенным органом государства-члена, а в случае, если выпуск товаров был произведен до подачи декларации на товары, - не позднее 5 рабочих дней со дня, следующего за днем направления таможенным органом государства-члена декларанту электронного документа либо проставления соответствующих отметок на декларации на товары, поданной на бумажном носителе, и (или) коммерческих, транспортных (перевозочных) документах, содержащих сведения о выпуске товаров до подачи декларации на товары.

      В соответствии с Положением о зачислении и распределении специальных, антидемпинговых, компенсационных пошлин (приложение к приложению № 8 к Договору о Евразийском экономическом союзе) в счет погашения задолженности по уплате ввозных таможенных пошлин могут быть зачтены суммы специальных, антидемпинговых, компенсационных пошлин, подлежащие возврату в соответствии с Таможенным кодексом Евразийского экономического союза.

      Возврат (зачет) сумм ввозных таможенных пошлин осуществляется в соответствии с Таможенным кодексом Евразийского экономического союза с учетом положений настоящего Протокола.

      Суммы ввозных таможенных пошлин, подлежащие возврату в соответствии с Таможенным кодексом Евразийского экономического союза, не могут быть зачтены в счет уплаты иных платежей, кроме зачета в счет погашения задолженности по уплате таможенных платежей, специальных, антидемпинговых, компенсационных пошлин, а также пеней (процентов) (далее - зачет в счет погашения задолженности).

      Сноска. Пункт 3 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 14.06.2021 № 50-VII.

      4. На денежные средства, находящиеся на едином счете уполномоченного органа, не может быть обращено взыскание в порядке исполнения судебных актов или каким-либо иным способом, за исключением случаев погашения задолженности по уплате таможенных платежей, специальных, антидемпинговых и компенсационных пошлин, а также пеней (процентов).

      5. Уполномоченные органы государств-членов обособленно учитывают следующие поступления:

      суммы поступлений (возвратов, зачетов в счет погашения задолженности) ввозных таможенных пошлин на едином счете уполномоченного органа;

      суммы распределенных ввозных таможенных пошлин, перечисленные на счета в иностранной валюте других государств-членов;

      суммы зачисленных в бюджет государства-члена доходов от распределения этим государством-членом сумм ввозных таможенных пошлин;

      суммы ввозных таможенных пошлин, поступившие в бюджет государства-члена от других государств-членов;

      поступившие в бюджет государства-члена проценты за просрочку, установленные настоящим Протоколом;

      суммы распределенных ввозных таможенных пошлин, перечисление которых на счета в иностранной валюте других государств-членов приостановлено.

      Указанные суммы поступлений обособленно отражаются в отчетности об исполнении бюджета каждого из государств-членов.

      6. Суммы ввозных таможенных пошлин, поступившие на единый счет уполномоченного органа государства-члена за последний рабочий день календарного года, отражаются в отчете об исполнении бюджета данного государства-члена за отчетный год.

      Суммы распределенных ввозных таможенных пошлин за последний рабочий день календарного года государства-члена перечисляются не позднее второго рабочего дня текущего года государства-члена в бюджет этого государства-члена и на счета в иностранной валюте других государств-членов, а также отражаются в отчете об исполнении бюджета за отчетный год.

      Суммы доходов от распределения ввозных таможенных пошлин, поступившие в бюджет государства-члена от уполномоченных органов других государств-членов за последний рабочий день календарного года других государств-членов, отражаются в отчете об исполнении бюджета за текущий год.

      7. Возврат сумм ввозных таможенных пошлин, их зачет в счет погашения задолженности осуществляются с единого счета уполномоченного органа в текущем дне в пределах сумм ввозных таможенных пошлин, поступивших на единый счет уполномоченного органа, а также зачтенных в счет уплаты ввозных таможенных пошлин в отчетном дне, с учетом сумм возврата ввозных таможенных пошлин, не принятых национальным (центральным) банком к исполнению в отчетном дне.

      Возврат сумм ввозных таможенных пошлин, их зачет в счет погашения задолженности осуществляются с единого счета уполномоченного органа Республики Казахстан в отчетном дне в пределах сумм ввозных таможенных пошлин, поступивших (зачтенных) на единый счет этого уполномоченного органа в день осуществления возврата (зачета).

      8. Определение сумм ввозных таможенных пошлин, подлежащих возврату и (или) зачету в счет погашения задолженности, в текущем дне осуществляется до распределения сумм поступивших ввозных таможенных пошлин между государствами-членами.

      9. При недостаточности средств для осуществления возврата ввозных таможенных пошлин и (или) зачета в счет погашения задолженности в соответствии с пунктом 7 настоящего Протокола указанный возврат (зачет) осуществляется государством-членом в последующие рабочие дни.

      Пени (проценты) за несвоевременный возврат сумм ввозных таможенных пошлин выплачиваются из бюджета этого государства-члена и не включаются в состав ввозных таможенных пошлин.

      10. Распределение сумм ввозных таможенных пошлин уполномоченным органом государства-члена между государствами-членами осуществляется на следующий рабочий день государства-члена после отчетного дня, в который на единый счет уполномоченного органа зачислены суммы ввозных таможенных пошлин.

      Распределение сумм ввозных таможенных пошлин уполномоченным органом Республики Казахстан между государствами-членами осуществляется в отчетный день зачисления сумм ввозных таможенных пошлин на единый счет уполномоченного органа.

      11. Расчет суммы ввозных таможенных пошлин, подлежащей перечислению с единого счета уполномоченного органа государства-члена в бюджет этого государства-члена, а также на счета в иностранной валюте других государств-членов, осуществляется путем умножения общей суммы ввозных таможенных пошлин, подлежащей распределению между государствами-членами, на нормативы распределения, устанавливаемые в процентах.

      При этом общая сумма ввозных таможенных пошлин, подлежащая распределению между государствами-членами, определяется путем вычитания из сумм ввозных таможенных пошлин, поступивших (исполненных уполномоченным органом зачетом) в отчетном дне с учетом не принятых национальным (центральным) банком к исполнению расчетных (платежных) документов (инструкций) на перечисление сумм возврата ввозных таможенных пошлин в отчетном дне, сумм ввозных таможенных пошлин, подлежащих возврату в текущем дне, и сумм ввозных таможенных пошлин, зачтенных в счет погашения задолженности в текущем дне.

      В Республике Казахстан общая сумма ввозных таможенных пошлин, подлежащая распределению между государствами-членами, определяется путем вычитания из сумм ввозных таможенных пошлин, поступивших (исполненных уполномоченным органом зачетом) в отчетном дне, сумм ввозных таможенных пошлин, подлежащих возврату в отчетном дне, и сумм ввозных таможенных пошлин, зачтенных в счет погашения задолженности в отчетном дне.

      В случае если расчетный (платежный) документ (инструкция) на возврат суммы ввозной таможенной пошлины, подлежащий исполнению в текущем дне, не принят национальным (центральным) банком к исполнению, данная сумма подлежит распределению между государствами-членами в следующем рабочем дне государства-члена. При этом сумма ввозных таможенных пошлин, не перечисленная на счета в иностранной валюте других государств-членов в соответствии с настоящим пунктом, признается просроченной на один день.

      Сноска. Пункт 11 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      12. Нормативы распределения сумм ввозных таможенных пошлин для каждого государства-члена устанавливаются в следующих размерах:

      Республика Армения - 1,220 процента;

      Республика Беларусь - 4,860 процента;

      Республика Казахстан - 6,955 процента;

      Кыргызская Республика - 1,900 процента;

      Российская Федерация - 85,065 процента.

      Сноска. Пункт 12 в редакции Закона РК от 26.10.2020 № 369-VI.

      13. Перечисление сумм ввозных таможенных пошлин государствам-членам осуществляется уполномоченными органами государств-членов на счета в иностранной валюте других государств-членов на следующий рабочий день государства-члена за днем зачисления на единый счет уполномоченного органа.

      Расчетный (платежный) документ (инструкция) на перечисление сумм ввозных таможенных пошлин государствам-членам направляется уполномоченным органом в национальный (центральный) банк для дальнейшего перечисления на счета в иностранной валюте других государств-членов ежедневно не позднее 14 часов по местному времени. В указанном расчетном (платежном) документе (инструкции) указываются дата, за которую осуществляется распределение ввозных таможенных пошлин, и сумма, подлежащая распределению между государствами-членами в национальной валюте.

      В случае если указанный расчетный (платежный) документ (инструкция) направлен в национальный (центральный) банк государства-члена в текущем дне позднее 14 часов по местному времени, соответствующий платеж признается просроченным на один день.

      14. Порядок перечисления в доход бюджета государства-члена сумм ввозных таможенных пошлин, поступивших от уполномоченных органов государств-членов на счета в иностранной валюте, регулируется разделом III настоящего Протокола.

      15. Учет сумм ввозных таможенных пошлин, распределенных и перечисленных в бюджеты государств-членов, осуществляется уполномоченными органами государств-членов.

      16. Уполномоченный орган государства-члена не позднее 10 календарных дней до начала очередного календарного года уведомляет уполномоченные органы других государств-членов о нерабочих днях, установленных в соответствии с законодательством данного государства-члена.

      В случае изменения нерабочих дней уполномоченный орган государства-члена, в котором произойдут такие изменения, уведомляет уполномоченные органы других государств-членов об указанных изменениях не позднее 2 календарных дней до их вступления в силу.

      17. В случае изменения реквизитов счета в иностранной валюте, на который подлежат перечислению суммы ввозных таможенных пошлин, уполномоченный орган государства-члена не позднее 10 календарных дней до дня вступления в силу указанных изменений доводит до уполномоченных органов других государств-членов уточненные реквизиты счета.

      В случае изменения иных данных, необходимых для реализации настоящего Протокола, уполномоченный орган не позднее 3 календарных дней до дня вступления в силу указанных изменений доводит до уполномоченных органов других государств-членов информацию о таких изменениях.

      18. При отсутствии сумм ввозных таможенных пошлин, подлежащих распределению между государствами-членами, уполномоченный орган государства-члена в срок, установленный настоящим Протоколом для направления в национальный (центральный) банк расчетного (платежного) документа (инструкции) на перечисление денежных средств на счета в иностранной валюте других государств-членов, направляет соответствующую информацию уполномоченным органам других государств-членов, в электронном виде с использованием интегрированной информационной системы Союза, а до момента ввода указанной системы в действие – по электронным каналам связи в виде графической электронной копии документа, содержащего данную информацию.

      19. Центральные таможенные органы государств-членов обеспечивают применение единых принципов ведения учета ввозных таможенных пошлин по методу начисления в соответствии с правилами, утверждаемыми Комиссией.

      20. При неперечислении или неполном перечислении денежных средств на счет в иностранной валюте какого-либо государства-члена в установленные настоящим разделом сроки и непоступлении информации от уполномоченного органа этого государства-члена об отсутствии сумм ввозных таможенных пошлин, подлежащих распределению, уполномоченный орган государства-члена, на счет в иностранной валюте которого не поступили денежные средства, уведомляет уполномоченные органы государств-членов и Комиссию о неперечислении или неполном перечислении денежных средств.

      21. Государство-член, не перечислившее другим государствам-членам суммы распределенных ввозных таможенных пошлин, уплачивает этим другим государствам-членам проценты за просрочку на всю сумму образовавшейся задолженности по ставке в размере 0,1 процента за каждый календарный день просрочки, включая день, в который сумма от распределения ввозной таможенной пошлины не была перечислена другому (другим) государству-члену (государствам-членам).

      22. В случае направления государством-членом информации об отсутствии сумм ввозных таможенных пошлин, подлежащих распределению, в условиях фактического наличия указанных сумм, а также при неполном перечислении денежных средств с единого счета уполномоченного органа на счета в иностранной валюте других государств-членов государство-член, допустившее подобное нарушение, обязано не позднее следующего рабочего дня государства-члена перечислить другим государствам-членам суммы от распределения ввозных таможенных пошлин, подлежащие зачислению в бюджеты других государств-членов в соответствии с настоящим разделом, исходя из суммы, которая не была перечислена на счета в иностранной валюте других государств-членов.

      При этом государство-член, допустившее подобное нарушение, уплачивает проценты за просрочку в размере, установленном пунктом 21 настоящего Протокола, за каждый календарный день просрочки, которой признается период времени со дня, в котором произошло нарушение, не включая день, в котором осуществлено перечисление денежных средств государствам-членам в соответствии с настоящим пунктом.

      23. При непоступлении (неполном поступлении) денежных средств от какого-либо государства-члена и отсутствии уведомления уполномоченного органа этого государства-члена об отсутствии сумм ввозных таможенных пошлин, подлежащих распределению между государствами-членами, уполномоченный орган государства-члена, на счет в иностранной валюте которого не поступили денежные средства, на третий рабочий день государства-члена после дня такого непоступления (неполного поступления) вправе приостановить перечисление сумм ввозных таможенных пошлин со своего единого счета на счет в иностранной валюте первого государства-члена.

      24. В случае принятия государством-членом решения о приостановлении перечисления сумм ввозных таможенных пошлин денежные средства, подлежащие перечислению на счет в иностранной валюте другого государства-члена, подлежат зачислению в доход бюджета первого государства-члена до отмены решения о приостановлении перечисления и обособленно учитываются в бюджете этого государства-члена.

      Уполномоченный орган государства-члена, приостановившего перечисление сумм ввозных таможенных пошлин на счет в иностранной валюте другого государства-члена, незамедлительно уведомляет уполномоченные органы других государств-членов и Комиссию о принятом решении.

      25. Комиссия не позднее рабочего дня, следующего за днем принятия решения о приостановлении перечисления сумм ввозных таможенных пошлин, проводит консультации с органами исполнительной власти государств-членов с целью скорейшего возобновления функционирования механизма распределения сумм ввозных таможенных пошлин в полном объеме.

      26. В случае если по результатам консультаций, указанных в пункте 25 настоящего Протокола, решение о возобновлении функционирования механизма распределения сумм ввозных таможенных пошлин не принято, данный вопрос выносится на рассмотрение Комиссии.

      В случае невозможности принятия Комиссией решения о возобновлении функционирования механизма распределения сумм ввозных таможенных пошлин данный вопрос выносится на рассмотрение Межправительственного совета.

      27. При возобновлении перечисления сумм ввозных таможенных пошлин суммы, указанные в пункте 24 настоящего Протокола, подлежат перечислению не позднее рабочего дня государства-члена, следующего за днем получения уведомления о принятом решении, на счета в иностранной валюте тех государств-членов, которым они предназначались в соответствии с настоящим Протоколом, при этом проценты за просрочку на указанную сумму не начисляются.

      28. Суммы распределенных ввозных таможенных пошлин, не перечисленные каким-либо государством-членом на счета в иностранной валюте других государств-членов, а также суммы не исполненных национальными (центральными) банками государств-членов обязательств по перечислению денежных средств в долларах США, предусмотренных разделом III настоящего Протокола, относятся к государственному долгу.

III. Порядок перечисления в доход бюджета государства-члена
сумм ввозных таможенных пошлин, поступивших от уполномоченных
органов государств-членов на счета в иностранной валюте

      29. Национальный (центральный) банк одного (первого) государства-члена обязан продать национальному (центральному) банку другого (второго) государства-члена денежные средства в долларах США за сумму национальной валюты первого государства-члена, равную сумме национальной валюты первого государства-члена, перечисленной в соответствии с настоящим Протоколом на счет в иностранной валюте уполномоченного органа второго государства-члена. Продаваемая сумма долларов США определяется по официальному курсу национальной валюты первого государства-члена к доллару США, установленному национальным (центральным) банком первого государства-члена на рабочий день, следующий за датой перечисления денежных средств в национальной валюте первого государства-члена на счет в иностранной валюте второго государства-члена.

      Обязанность продажи денежных средств в долларах США должна быть исполнена национальным (центральным) банком первого государства-члена не позднее следующего рабочего дня после даты перечисления эквивалентной суммы национальной валюты первого государства-члена на счет в иностранной валюте второго государства-члена.

      При этом обязанность продажи денежных средств в долларах США должна быть исполнена национальным (центральным) банком каждого государства-члена вне зависимости от реализации аналогичных прав и исполнения обязанностей в отношениях между другими государствами-членами.

      Национальные (центральные) банки двух государств-членов могут установить в отдельном договоре, что исполнение встречных обязательств по перечислению денежных средств в долларах США, в том числе обязательств, не исполненных в срок, установленный в абзаце втором настоящего пункта, и обязательств по уплате пеней в соответствии с пунктом 31 настоящего Протокола, осуществляется путем перечисления национальным (центральным) банком, величина обязательства в долларах США которого превышает величину встречного обязательства в долларах США другого национального (центрального) банка, денежных средств в долларах США другому национальному (центральному) банку в сумме, равной разнице между величинами указанных встречных обязательств.

      Удовлетворение указанных в настоящем пункте требований по денежным обязательствам в долларах США осуществляется в следующей очередности:

      в первую очередь удовлетворяются требования об уплате пеней в соответствии с пунктом 31 настоящего Протокола;

      во вторую очередь удовлетворяются требования по обязательствам, срок исполнения которых наступил и которые не являются просроченными;

      в третью очередь удовлетворяются требования по обязательствам, не исполненным в срок, установленный в абзаце втором настоящего пункта.

      По указанному в настоящем пункте обязательству национального (центрального) банка первого государства-члена продать денежные средства в долларах США национальному (центральному) банку второго государства-члена первое государство-член несет солидарную с национальным (центральным) банком первого государства-члена ответственность перед вторым государством-членом.

      30. Для целей проведения дальнейших взаиморасчетов между первым государством-членом и вторым государством-членом в случае неисполнения или ненадлежащего исполнения указанного в пункте 29 настоящего Протокола обязательства национального (центрального) банка первого государства-члена продать денежные средства в долларах США национальному (центральному) банку второго государства-члена требования к национальному (центральному) банку первого государства-члена фиксируются в долларах США по официальному курсу, установленному национальным (центральным) банком первого государства-члена на рабочий день, следующий за днем перечисления денежных средств в национальной валюте первого государства-члена на счет в иностранной валюте второго государства-члена.

      31. За неисполнение либо ненадлежащее исполнение указанного в пункте 29 настоящего Протокола обязательства национального (центрального) банка первого государства-члена продать денежные средства в долларах США национальному (центральному) банку второго государства-члена национальный (центральный) банк первого государства-члена либо первое государство-член уплачивает пени, размер которых рассчитывается по следующей формуле:



      где:

      СуммаUSD - сумма (в долларах США), подлежащая перечислению национальным (центральным) банком первого государства-члена национальному (центральному) банку второго государства-члена;

      SOFR usd,o/n - установленная Федеральным резервным банком Нью-Йорка для дня, в который началось неисполнение либо ненадлежащее исполнение обязательства, однодневная ставка "овернайт" в долларах США (Secured Overnight Financing Rate (SOFR));

      Дни - количество календарных дней, исчисляемых с даты неисполнения либо ненадлежащего исполнения обязательства (включительно) до даты надлежащего исполнения обязательства (исключая дату надлежащего исполнения обязательства).

      Сноска. Пункт 31 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      32. В случае неисполнения или ненадлежащего исполнения первым государством-членом обязательства, указанного в пункте 29 настоящего Протокола, национальный (центральный) банк второго государства-члена, в отношении которого произошло неисполнение или ненадлежащее исполнение обязательства, вправе передать на возмездной основе требование по неисполненному или ненадлежащим образом исполненному обязательству, включая требование об уплате пеней в соответствии с пунктом 31 настоящего Протокола, второму государству-члену без согласия и предварительного уведомления первого государства-члена и национального (центрального) банка первого государства-члена.

      33. Национальный (центральный) банк государства-члена не несет ответственности перед правительством либо уполномоченным органом государства-члена за неисполнение либо ненадлежащее исполнение обязательств другим государством-членом, в том числе за неисполнение либо ненадлежащее исполнение обязательств национальным (центральным) банком другого государства-члена.

      34. Издержки и убытки, возникающие у национального (центрального) банка первого государства-члена в связи с осуществлением им предусмотренных настоящим разделом расчетов, в том числе издержки и убытки, возникающие вследствие изменения курсов валют, неисполнения или ненадлежащего исполнения обязательств другими государствами-членами и национальными (центральными) банками других государств-членов, не подлежат возмещению другими государствами-членами. Условия и порядок возмещения национальному (центральному) банку первого государства-члена указанных издержек и убытков устанавливаются первым государством-членом.

      35. Для целей настоящего раздела под рабочим днем, в который осуществляются расчеты между двумя государствами-членами (в том числе расчеты между национальными (центральными) банками двух государств-членов), понимается день, который одновременно является рабочим днем для этих двух государств-членов и для Соединенных Штатов Америки.

      36. К корреспондентскому счету национального (центрального) банка одного (первого) государства-члена, открытому в национальном (центральном) банке другого (второго) государства-члена для осуществления расчетов в соответствии с настоящим Протоколом, а также к денежным средствам, находящимся на этом корреспондентском счете, судебные и иные органы власти второго государства-члена не могут применить арест, блокирование, иные обеспечительные, запретительные или ограничительные меры, делающие невозможным использование денежных средств на этом корреспондентском счете.

      37. Списание денежных средств, находящихся на корреспондентском счете национального (центрального) банка одного (первого) государства-члена, открытом в национальном (центральном) банке другого (второго) государства-члена для осуществления расчетов в соответствии с настоящим Протоколом, без согласия национального (центрального) банка первого государства-члена не допускается, если иное не установлено условиями договора корреспондентского счета.

      38. Если указанная в пункте 29 настоящего Протокола обязанность продажи денежных средств в долларах США полностью или частично не исполнена национальным (центральным) банком первого государства-члена в течение 30 календарных дней, то национальный (центральный) банк второго государства-члена до момента полного исполнения национальным (центральным) банком первого государства-члена указанного обязательства вправе без ограничений использовать денежные средства в национальной валюте первого государства-члена, находящиеся на предназначенном для осуществления расчетов в соответствии с настоящим Протоколом корреспондентском счете национального (центрального) банка второго государства-члена, открытом в национальном (центральном) банке первого государства-члена.

      39. Национальный (центральный) банк одного (первого) государства-члена на безвозмездной основе реализует права и исполняет обязательства, предусмотренные договорами, заключаемыми им с национальным (центральным) банком другого (второго) государства-члена во исполнение настоящего Протокола и в соответствии с ним.

IV. Порядок обмена информацией между уполномоченными
органами государств-членов

      40. Уполномоченный орган государства-члена ежедневно, не позднее 16 часов по местному времени (для Республики Армения - время г. Еревана, для Республики Беларусь - время г. Минска, для Республики Казахстан - время г. Нур-Султана, для Кыргызской Республики - время г. Бишкека, для Российской Федерации - время г. Москвы) текущего дня, направляет уполномоченным органам других государств-членов следующую информацию за отчетный день:

      1) суммы ввозных таможенных пошлин, зачисленные на единый счет уполномоченного органа государства-члена;

      2) суммы исполненных уполномоченным органом в отчетном дне зачетов авансовых платежей в счет уплаты ввозных таможенных пошлин;

      2.1) суммы исполненных уполномоченным органом в отчетном дне зачетов вывозных таможенных пошлин, налогов и сборов, а также иных платежей в счет уплаты ввозных таможенных пошлин;

      3) суммы ввозных таможенных пошлин, зачтенные в отчетном дне в счет погашения задолженности, и отдельно суммы ввозных таможенных пошлин, зачтенные в текущем дне в счет погашения задолженности;

      4) суммы ввозных таможенных пошлин, возвращенные в отчетном дне, и отдельно суммы ввозных таможенных пошлин, подлежащие возврату в текущем дне;

      5) суммы возврата ввозных таможенных пошлин, не принятые национальным (центральным) банком к исполнению в отчетном дне;

      6) суммы ввозных таможенных пошлин, подлежащие распределению между государствами-членами;

      7) суммы распределенных ввозных таможенных пошлин, перечисленные на счета в иностранной валюте других государств-членов;

      8) сумма поступлений в бюджет государства-члена доходов от распределения ввозных таможенных пошлин, перечисленная с единого счета уполномоченного органа этого государства-члена;

      9) суммы поступлений в бюджет государства-члена доходов от распределения ввозных таможенных пошлин, поступившие на счета в иностранной валюте уполномоченного органа;

      10) суммы распределенных ввозных таможенных пошлин, перечисление которых на счета в иностранной валюте других государств-членов приостановлено;

      11) сумма поступивших государству-члену от других государств-членов процентов за просрочку при нарушении исполнения требований, предусмотренных настоящим Протоколом.

      Сноска. Пункт 40 с изменениями, внесенными законами РК от 24.12.2014 № 265-V; от 02.08.2015 № 346-V; от 26.10.2020 № 369-VI; от 15.02.2021 № 6-VII; от 14.06.2021 № 50-VII.
     

      41. Ежемесячно, на пятый рабочий день месяца, следующего за отчетным, уполномоченный орган направляет в Комиссию установленную пунктом 40 настоящего Протокола информацию нарастающим итогом с начала календарного года.

      Сноска. Пункт 41 в редакции Закона РК от 15.02.2021 № 6-VII.

      411. Информация, указанная в пунктах 40 и 41 настоящего Протокола, направляется в электронном виде с использованием интегрированной информационной системы Союза.

      Сноска. Протокол дополнен пунктом 411 в соответствии с Законом РК от 15.02.2021 № 6-VII.

      42. Форма предоставления информации, предусмотренной пунктами 40 и 41 настоящего Протокола, согласовывается уполномоченными органами и утверждается Комиссией.

      43. Уполномоченными органами государств-членов осуществляется оперативная сверка данных, полученных в соответствии с пунктом 40 настоящего Протокола.

      В случае установления расхождений оформляется протокол, и государствами-членами принимаются меры по урегулированию расхождений.

      Сноска. Пункт 43 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      44. Информация, направляемая уполномоченным органом одного государства-члена уполномоченным органам других государств-членов и в Комиссию в соответствии с пунктами 40 и 41 настоящего Протокола, подписывается руководителем данного уполномоченного органа или уполномоченным им лицом.

V. Порядок обмена информацией, связанной с уплатой ввозных
таможенных пошлин

      45. Центральные таможенные органы государств-членов представляют друг другу, а также в Комиссию в электронном виде на регулярной основе информацию, связанную с уплатой ввозных таможенных пошлин, не относящуюся к сведениям, составляющим государственную тайну (государственные секреты).

      46. Информация, связанная с уплатой ввозных таможенных пошлин, формируется из следующих источников:

      1) содержащиеся в информационных ресурсах таможенных органов государств-членов сведения из деклараций на товары (в том числе в случае использования в качестве декларации на товары транспортных (перевозочных), коммерческих и (или) иных документов), расчета таможенных пошлин, налогов, специальных, антидемпинговых, компенсационных пошлин и заявления о совершении операций, которые в соответствии с Таможенным кодексом Евразийского экономического союза не допускается совершать за пределами таможенной территории Союза в отношении временно вывезенных транспортных средств международной перевозки, в том числе сведения, изменяющие (дополняющие) сведения в таких таможенных документах;

      2) содержащиеся в информационных ресурсах таможенных органов государств-членов сведения из лицевых счетов, реестров, а также документов, содержащих сведения о фактически уплаченных и перечисленных в доходы бюджетов государств-членов суммах ввозных таможенных пошлин, оформленных таможенными органами государств-членов в соответствии с едиными принципами ведения учета ввозных таможенных пошлин по методу начисления согласно правилам, утверждаемым Комиссией.

      Сноска. Пункт 46 – в редакции Закона РК от 14.06.2021 № 50-VII.

      47. Информация, связанная с уплатой ввозных таможенных пошлин, не включает в себя сведения об уплате таможенных пошлин, налогов физическими лицами в отношении товаров для личного пользования.

      Сноска. Пункт 47 – в редакции Закона РК от 14.06.2021 № 50-VII.

      48. Информация, связанная с уплатой ввозных таможенных пошлин (единица измерения – доллары США, для пересчета сумм в национальной валюте в доллары США применяется среднемесячный курс доллара США к национальной валюте национального (центрального) банка государства-члена за отчетный месяц), представляется на безвозмездной основе на русском языке (по отдельным позициям допускается использование латинского алфавита) и включает следующие сведения за отчетный период:

      1) суммы переходящих остатков ввозных таможенных пошлин на начало и конец отчетного периода;

      2) документально отраженные суммы ввозных таможенных пошлин в оформленных таможенных документах об их уплате (взыскании);

      3) суммы ввозных таможенных пошлин, зачтенные в счет погашения задолженности;

      4) возвращенные суммы ввозных таможенных пошлин;

      5) суммы предоставленных отсрочек и рассрочек уплаты ввозных таможенных пошлин;

      5.1) суммы авансовых платежей, зачтенные в счет уплаты ввозных таможенных пошлин;

      5.2) суммы вывозных таможенных пошлин, налогов и сборов, а также иных платежей, зачтенные в счет уплаты ввозных таможенных пошлин;

      6) другие сведения, связанные с уплатой ввозных таможенных пошлин.

      Сноска. Пункт 48 с изменениями, внесенными Законом РК от 14.06.2021 № 50-VII.

      49. Технологические регламенты обмены информацией, связанной с уплатой ввозных таможенных пошлин, разрабатываются и утверждаются Комиссией.

      В указанных технологических регламентах определяются состав, структура и формат указанной в пункте 48 настоящего Протокола информации, порядок, сроки и способы обмена ею.

      Сноска. Пункт 49 с изменениями, внесенными Законом РК от 14.06.2021 № 50-VII.

      50. Обмен информацией в электронном виде между центральными таможенными органами государств-членов, а также ее представление в Комиссию осуществляются после обеспечения технической готовности этих таможенных органов и Комиссии, о чем они письменно уведомляют друг друга. После введения в действие интегрированной информационной системы Союза обмен информацией между центральными таможенными органами государств-членов и представление ее в Комиссию осуществляются в электронном виде с использованием указанной системы.

      51. До даты начала применения технологических регламентов обмена информацией, связанной с уплатой ввозных таможенных пошлин, центральные таможенные органы государств-членов не позднее последнего дня месяца, следующего за отчетным, представляют друг другу, а также в Комиссию указанную в пункте 48 настоящего Протокола информацию по форме, утверждаемой Комиссией.

      Сноска. Пункт 51 с изменением, внесенным Законом РК от 14.06.2021 № 50-VII.

      52. Центральные таможенные органы государств-членов, а также Комиссия принимают необходимые меры по защите от неправомерного распространения информации, получаемой в соответствии с настоящим разделом.

      Центральные таможенные органы государств-членов обеспечивают ограничение круга лиц, имеющих доступ к указанной информации, а также ее защиту в соответствии с законодательством государств-членов.

      Комиссия использует информацию, полученную в соответствии с настоящим разделом, в целях реализации пункта 54 настоящего Протокола.

VI. Мониторинг и контроль

      53. Высшие органы государственного финансового контроля государств-членов в рамках совместных контрольных мероприятий ежегодно проверяют соблюдение уполномоченными органами государств-членов положений настоящего Протокола.

      Сноска. Пункт 53 в редакции Закона РК от 26.10.2020 № 369-VI.

      54. Комиссия представляет ежегодно в Межправительственный совет отчет о зачислении и распределении сумм ввозных таможенных пошлин.

      55. По решению Комиссии может быть создан специальный комитет из сотрудников уполномоченных, таможенных и иных государственных органов государств-членов, а также привлеченных специалистов для контроля (аудита) за соблюдением государствами-членами порядка зачисления и распределения поступивших сумм ввозных таможенных пошлин.

  ПРИЛОЖЕНИЕ № 6
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о едином таможенно-тарифном регулировании
I. Общие положения

      1. Настоящий Протокол разработан в соответствии с разделом IX Договора о Евразийском экономическом союзе и определяет принципы и порядок применения на таможенной территории Союза мер таможенно-тарифного регулирования.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "аналогичный товар" – товар, который по своему функциональному назначению, применению, качественным и техническим характеристикам полностью идентичен товару, ввозимому на таможенную территорию Союза в рамках тарифной квоты, либо (в отсутствие такого полностью идентичного товара) товар, который имеет характеристики, близкие к характеристикам товара, ввозимого на таможенную территорию Союза в рамках тарифной квоты, позволяющие использовать его по функциональному назначению, аналогичному назначению товара, ввозимого на таможенную территорию Союза в рамках тарифной квоты, и может быть в коммерческом отношении им заменен;

      "значительные поставщики из третьих стран" – поставщики товаров, имеющие долю в импорте товара на таможенную территорию Союза 10 процентов и более;

      "объем тарифной квоты" – количество товара в натуральном или стоимостном выражении, выделяемое для ввоза в рамках тарифной квоты;

      "предшествующий период" – период, в отношении которого проводится анализ объемов потребления товаров на таможенной территории Союза и объемов производства аналогичных товаров на таможенной территории Союза;

      "реальный объем импорта" – объем импорта в условиях отсутствия его ограничений;

      "сельскохозяйственные товары" – товары, классифицируемые в группах 1 – 24 ТН ВЭД ЕАЭС, а также такие товары, как маннит, D-глюцит (сорбит), масла эфирные, казеин, альбумины, желатин, декстрины, модифицированные крахмалы, сорбит, шкуры, кожа, сырье пушно-меховое, шелк-сырец, отходы шелковые, шерсть животных, хлопок-сырец, отходы хлопка, волокно хлопковое чесаное, лен-сырец и пенька-сырец;

      "тарифная квота" – мера регулирования ввоза на таможенную территорию Союза отдельных видов сельскохозяйственных товаров, происходящих из третьих стран, предусматривающая применение дифференцированных ставок ввозных таможенных пошлин ЕТТ ЕАЭС в отношении товаров, ввозимых в пределах установленного количества (в натуральном или стоимостном выражении) в течение определенного периода и сверх такого количества.

II. Тарифные льготы

      3. Тарифные льготы в виде освобождения от уплаты ввозной таможенной пошлины предоставляются в отношении ввозимых (ввезенных) на таможенную территорию Союза из третьих стран:

      1) товаров в качестве вклада иностранного учредителя в уставный (складочный) капитал (фонд) в пределах сроков, установленных учредительными документами для формирования этого капитала (фонда). Порядок применения тарифных льгот в отношении таких товаров устанавливается Комиссией;

      2) товаров, ввозимых в рамках международного сотрудничества в области исследования и использования космического пространства, в том числе оказания услуг по запуску космических аппаратов, в соответствии с перечнем, утверждаемым Комиссией;

      3) продукции морского промысла судов государств-членов, а также судов, арендованных (зафрахтованных) юридическими и (или) физическими лицами государств-членов;

      4) валюты государств-членов, валюты третьих стран (кроме используемой для нумизматических целей), а также ценных бумаг в соответствии с законодательством государств-членов;

      5) товаров, ввозимых в качестве гуманитарной помощи и (или) в целях ликвидации последствий стихийных бедствий, аварий или катастроф;

      6) товаров, кроме подакцизных (за исключением легковых автомобилей, специально предназначенных для медицинских целей), ввозимых по линии третьих стран, международных организаций, правительств в благотворительных целях и (или) признаваемых в соответствии с законодательством государств-членов в качестве безвозмездной помощи (содействия), в том числе технической помощи (содействия).

      4. Тарифные льготы в отношении товаров, ввозимых (ввезенных) на таможенную территорию Союза из третьих стран, могут предоставляться также в иных случаях, установленных Договором о Евразийском экономическом союзе, международными договорами Союза с третьей стороной, актами Комиссии.

III. Условия и механизм применения тарифных квот

      5. Объем тарифной квоты в отношении отдельного вида сельскохозяйственных товаров, происходящего из третьих стран и ввозимого на таможенную территорию Союза, устанавливается Комиссией и не может превышать разницу между объемом потребления такого товара на таможенной территории Союза и объемом производства аналогичного товара на таможенной территории Союза.

      При этом если для одного государства-члена объем производства аналогичного товара равен объему потребления такого товара или превышает его, то такая разница может не приниматься во внимание при расчете объема тарифной квоты для таможенной территории Союза.

      6. Если объем производства аналогичного товара на таможенной территории Союза равен объему потребления такого товара на таможенной территории Союза или превышает его, установление тарифной квоты не допускается.

      7. При принятии решения об установлении тарифной квоты должны быть соблюдены следующие условия:

      1) установление тарифной квоты на определенный срок (независимо от результатов рассмотрения вопроса о распределении объема тарифной квоты между третьими странами);

      2) информирование всех заинтересованных третьих стран о выделенном им объеме тарифной квоты (в случае принятия решения о распределении объема тарифной квоты между третьими странами);

      3) опубликование информации об установлении тарифной квоты, ее сроке действия и объеме, в том числе об объеме тарифной квоты, выделенной третьим странам (в случае принятия решения о распределении объема тарифной квоты между третьими странами), а также о ставках ввозных таможенных пошлин, применяемых в отношении товаров, ввозимых в пределах объема тарифной квоты.

      8. Распределение объема тарифной квоты между участниками внешнеторговой деятельности государства-члена основывается на их равноправии в отношении получения тарифной квоты и недискриминации по признакам формы собственности, места регистрации или положения на рынке.

      9. Объем тарифной квоты распределяется между государствами-членами в пределах разницы между объемами потребления и производства в каждом из государств-членов, которая принималась во внимание при расчете объема тарифной квоты для таможенной территории Союза в соответствии с пунктами 5 и 6 настоящего Протокола.

      При этом для государства-члена, являющегося членом Всемирной торговой организации, объем тарифной квоты может быть установлен исходя из обязательств такого государства-члена перед Всемирной торговой организацией.

      10. Распределение объема тарифной квоты между третьими странами осуществляется Комиссией либо в соответствии с решением Комиссии – государством-членом на основе результатов консультаций со всеми значительными поставщиками из третьих стран, если иное не установлено международными договорами в рамках Союза, международными договорами Союза с третьей стороной или решением Высшего совета.

      При невозможности распределения объема тарифной квоты по результатам консультаций со всеми значительными поставщиками из третьих стран решение о распределении объема тарифной квоты между третьими странами принимается с учетом объема поставок товара из этих стран в течение предшествующего периода.

      В качестве предшествующего периода, как правило, принимаются любые 3 предшествующих года, в отношении которых доступна информация, отражающая реальные объемы импорта.

      При невозможности выбрать такой предшествующий период объем тарифной квоты распределяется на основе оценки наиболее вероятного распределения реального объема импорта.

      11. При поставках товара в течение срока действия тарифной квоты не устанавливаются условия и (или) формальности, препятствующие любой третьей стране полностью использовать выделенный ему объем тарифной квоты.

      12. По просьбе третьей страны, заинтересованной в поставке товара, Комиссия проводит консультации по вопросам:

      1) необходимости перераспределения выделенного объема тарифной квоты;

      2) изменения избранного предшествующего периода;

      3) необходимости отмены условий, формальностей или любых других положений, установленных в одностороннем порядке в отношении распределенного объема тарифной квоты или ее неограниченного использования.

      13. В связи с установлением тарифных квот Комиссия:

      1) по просьбе третьей страны, заинтересованной в поставке товара, предоставляет информацию, касающуюся метода и порядка распределения объема тарифной квоты между участниками внешнеторговой деятельности, а также объема тарифной квоты, в отношении которого выданы лицензии;

      2) публикует информацию об общем количестве или стоимости товара, предназначенного для поставки в рамках выделенного объема тарифной квоты, о датах начала и окончания срока действия тарифной квоты и любых их изменениях.

      14. Кроме случаев распределения объема тарифной квоты между третьими странами, Комиссия не вправе требовать, чтобы лицензии использовались для импорта товара из какой-либо определенной третьей страны.

  ПРИЛОЖЕНИЕ № 7
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о мерах нетарифного регулирования в отношении третьих стран

I. Общие положения

      1. Настоящий Протокол разработан в соответствии с разделом IX Договора о Евразийском экономическом союзе и определяет порядок и случаи применения Союзом мер нетарифного регулирования в отношении третьих стран.

      Действие настоящего Протокола не распространяется на отношения, касающиеся вопросов технического регулирования, применения санитарных, ветеринарных и фитосанитарных требований, мер в области экспортного контроля и военно-технического сотрудничества.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "автоматическое лицензирование (наблюдение)" – временная мера, устанавливаемая в целях мониторинга динамики экспорта и (или) импорта отдельных видов товаров;

      "генеральная лицензия" – лицензия, предоставляющая участнику внешнеторговой деятельности право на экспорт и (или) импорт отдельного вида лицензируемого товара в определенном лицензией количестве;

      "запрет" – мера, запрещающая ввоз и (или) вывоз отдельных видов товаров;

      "импорт" – ввоз товара на таможенную территорию Союза из третьих стран без обязательства об обратном вывозе;

      "исключительная лицензия" – лицензия, предоставляющая участнику внешнеторговой деятельности исключительное право на экспорт и (или) импорт отдельного вида товара;

      "исключительное право" – право на осуществление участниками внешнеторговой деятельности экспорта и (или) импорта отдельных видов товаров, предоставляемое на основе исключительной лицензии;

      "количественные ограничения" – меры по количественному ограничению внешней торговли товарами, которые вводятся путем установления квот;

      "лицензирование" – комплекс административных мер, устанавливающий порядок выдачи лицензий и (или) разрешений;

      "лицензия" – специальный документ на право осуществления экспорта и (или) импорта товаров;

      "разовая лицензия" – лицензия, выдаваемая участнику внешнеторговой деятельности на основании внешнеторговой сделки, предметом которой является лицензируемый товар, и предоставляющая право на экспорт и (или) импорт этого товара в определенном количестве;

      "разрешение" – специальный документ, выдаваемый участнику внешнеторговой деятельности на основании внешнеторговой сделки, предметом которой является товар, в отношении которого установлено автоматическое лицензирование (наблюдение);

      "разрешительный документ" – документ, выдаваемый участнику внешнеторговой деятельности или физическому лицу на право ввоза и (или) вывоза товаров в случаях, определенных актом Комиссии;

      "уполномоченный орган" – орган исполнительной власти государства-члена, наделенный правом выдачи лицензий и (или) разрешений;

      "участники внешнеторговой деятельности" – юридические лица и организации, не являющиеся юридическими лицами, зарегистрированные в одном из государств-членов и созданные в соответствии с законодательством этого государства, физические лица, имеющие постоянное или преимущественное место жительства на территории одного из государств-членов, являющиеся гражданами этого государства, либо имеющие право постоянного проживания в нем, либо зарегистрированные в качестве индивидуальных предпринимателей в соответствии с законодательством этого государства;

      "экспорт" – вывоз товара с таможенной территории Союза на территорию третьих стран без обязательства об обратном ввозе.

II. Введение и применение мер нетарифного регулирования

      3. В торговле с третьими странами на территории Союза применяются единые меры нетарифного регулирования (далее – меры).

      4. Решения о введении, применении, продлении и отмене мер принимаются Комиссией.

      Товары, в отношении которых принято решение о применении мер, включаются в единый перечень товаров, к которым применяются меры нетарифного регулирования в торговле с третьими странами (далее – единый перечень товаров).

      В единый перечень товаров включаются также товары, в отношении которых Комиссией принято решение об установлении тарифной квоты либо импортной или специальной квоты в качестве специальной защитной меры и о выдаче лицензий.

      Сноска. Пункт 4 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      5. Предложение о введении или отмене мер может быть представлено как государством-членом, так и Комиссией.

      6. При подготовке решения Комиссии о введении, применении, продлении или отмене мер Комиссия информирует участников внешнеторговой деятельности государств-членов, экономические интересы которых могут быть затронуты принятием такого решения, о возможности представить в Комиссию предложения и замечания по данному вопросу и о проведении консультаций.

      7. Комиссия определяет способ и форму проведения консультаций, а также способ и форму доведения информации о ходе проведения и результатах консультаций до сведения заинтересованных лиц, представивших свои предложения и замечания.

      Непроведение консультаций не может являться основанием для признания решения Комиссии, затрагивающего право осуществления внешнеторговой деятельности, недействительным.

      8. Комиссия может принять решение не проводить консультации при наличии любого из следующих условий:

      1) о мерах, предусмотренных проектом решения Комиссии, затрагивающего право осуществления внешнеторговой деятельности, не должно быть известно до даты вступления его в силу, в связи с чем проведение консультаций приведет или может привести к недостижению целей, предусмотренных таким решением;

      2) проведение консультаций вызовет задержку в принятии решения Комиссии, затрагивающего право осуществления внешнеторговой деятельности, что может привести к причинению существенного ущерба интересам государств-членов;

      3) проектом решения Комиссии, затрагивающим право осуществления внешнеторговой деятельности, предусматривается предоставление исключительного права.

      9. Порядок внесения предложений о введении или отмене мер определяется Комиссией.

      10. Решение Комиссии о введении меры может определять таможенные процедуры, при помещении под которые таможенными органами контролируется соблюдение меры, а также таможенные процедуры, помещение под которые товаров, в отношении которых вводится мера, не допускается.

III. Запреты и количественные ограничения
экспорта и импорта товаров

      11. Экспорт и импорт товаров осуществляются без применения запретов и количественных ограничений, за исключением случаев, предусмотренных пунктом 12 настоящего Протокола.

      12. В исключительных случаях могут устанавливаться:

      1) временные запреты или временные количественные ограничения экспорта для предотвращения либо уменьшения критического недостатка на внутреннем рынке продовольственных или иных товаров, являющихся существенно важными для внутреннего рынка Союза;

      2) запреты или количественные ограничения экспорта и импорта, необходимые в связи с применением стандартов или правил классификации, сортировки и продажи товаров в международной торговле;

      3) ограничения импорта водных биологических ресурсов при их ввозе в любом виде, если необходимо:

      ограничить производство или продажу аналогичного товара, происходящего с территории Союза;

      ограничить производство или продажу товара, происходящего с территории Союза, который может быть непосредственно заменен импортным товаром, в случае если в Союзе не имеется значительного производства аналогичного товара;

      удалить с рынка временный излишек аналогичного товара, происходящего с территории Союза, путем предоставления этого излишка некоторым группам потребителей бесплатно или по ценам ниже рыночных;

      удалить с рынка временный излишек товара, происходящего с территории Союза, который может быть непосредственно заменен импортным товаром, если в Союзе не имеется значительного производства аналогичного товара, путем предоставления этого излишка некоторым группам потребителей бесплатно или по ценам ниже рыночных.

      13. При введении Комиссией на территории Союза количественных ограничений применяются экспортные и (или) импортные квоты.

      Количественные ограничения применяются:

      при экспорте – только в отношении товаров, происходящих с территорий государств-членов;

      при импорте – только в отношении товаров, происходящих из третьих стран.

      Количественные ограничения не применяются в отношении импорта товаров с территории какой-либо третьей страны или экспорта товаров, предназначенных для территории какой-либо третьей страны, если только такие количественные ограничения не применяются в отношении импорта из всех третьих стран или экспорта во все третьи страны. Такое положение не препятствует соблюдению обязательств государств-членов в соответствии с международными договорами.

      14. Запреты или количественные ограничения экспорта могут быть введены только в отношении товаров, включенных в перечень товаров, которые являются существенно важными для внутреннего рынка Союза и в отношении которых в исключительных случаях могут быть введены временные запреты или количественные ограничения экспорта, утверждаемый Комиссией на основании предложений государств-членов.

      15. При введении в соответствии с подпунктом 1 пункта 12 настоящего Протокола запрета или количественного ограничения экспорта сельскохозяйственных товаров, являющихся существенно важными для внутреннего рынка Союза, Комиссия:

      учитывает последствия запрета или количественного ограничения для продовольственной безопасности третьих стран, импортирующих такие сельскохозяйственные товары с территории Союза;

      заблаговременно информирует Комитет по сельскому хозяйству Всемирной торговой организации о характере и продолжительности применения запрета или количественного ограничения экспорта;

      по просьбе любой импортирующей страны организует консультации либо предоставляет всю необходимую информацию по вопросам, относящимся к рассматриваемой мере.

      В настоящем пункте под импортирующей страной понимается страна, в импорте которой доля происходящего с территорий государств-членов сельскохозяйственного товара, в отношении экспорта которого планируется ввести запрет или количественное ограничение, составляет не менее 5 процентов.

      16. Комиссия распределяет объемы экспортной и (или) импортной квот между государствами-членами и определяет метод распределения долей экспортной и (или) импортной квот среди участников внешнеторговой деятельности государств-членов, а также при необходимости распределяет объем импортной квоты между третьими странами.

      Распределение объемов экспортной и (или) импортной квот между государствами-членами осуществляется Комиссией в зависимости от задач, которые предполагается решить путем введения количественных ограничений, с учетом предложений государств-членов и исходя из объемов производства и (или) потребления товаров в каждом из государств-членов.

      17. Комиссия при принятии решения о применении экспортной и (или) импортной квот:

      1) устанавливает на определенный срок экспортную и (или) импортную квоты (независимо от того, будут ли они распределены между третьими странами);

      2) информирует все заинтересованные третьи страны об объеме выделенной им импортной квоты (в случае если импортная квота распределяется между третьими странами);

      3) опубликовывает информацию о применении экспортной и (или) импортной квот, их объемах и сроках действия, а также о распределении импортной квоты между третьими странами.

      18. Распределение импортных квот между третьими странами осуществляется, как правило, Комиссией по результатам консультаций со всеми значительными поставщиками из третьих стран.

      При этом под значительными поставщиками из третьих стран понимаются поставщики, имеющие долю в размере 5 процентов и более в импорте данного товара на территорию Союза.

      19. В случае если распределение импортных квот не может быть осуществлено на основе результатов консультаций со всеми значительными поставщиками из третьих стран, решение Комиссии о распределении квот между третьими странами принимается с учетом объема поставок товара из этих стран в течение предшествующего периода.

      20. Комиссия не устанавливает никаких условий или формальностей, которые могут воспрепятствовать любой третьей стране полностью использовать выделенную ей импортную квоту, при условии, что поставка соответствующего товара будет произведена в период действия импортной квоты.

      21. Выбор предшествующего периода для определения объема поставок товара, в отношении которого вводятся экспортная и (или) импортная квоты, осуществляется Комиссией. При этом, как правило, за такой период принимаются любые предшествующие 3 года, в отношении которых доступна информация, отражающая реальные объемы экспорта и (или) импорта. При отсутствии возможности выбрать предшествующий период экспортная и (или) импортная квоты распределяются на основе оценки наиболее вероятного распределения реальных объемов экспорта и (или) импорта.

      В настоящем пункте под реальными объемами экспорта и (или) импорта понимаются объемы экспорта и (или) импорта в условиях отсутствия их ограничений.

      22. По просьбе любой третьей страны, заинтересованной в поставке товара, Комиссия проводит консультации с этой страной относительно:

      1) необходимости перераспределения установленной импортной квоты;

      2) изменения выбранного предшествующего периода;

      3) необходимости отмены условий, формальностей или любых других положений, установленных в одностороннем порядке в отношении распределения импортной квоты или ее неограниченного использования.

      23. Распределение долей экспортной и (или) импортной квот среди участников внешнеторговой деятельности осуществляется государствами-членами на основе метода, определяемого Комиссией, и основывается на равноправии участников внешнеторговой деятельности в отношении получения долей экспортной и (или) импортной квот и на недискриминации по признакам формы собственности, места регистрации или положения на рынке.

      24. Кроме случаев распределения импортной квоты между третьими странами, не допускается предъявлять требование о том, чтобы лицензии использовались для экспорта и (или) импорта соответствующего товара в какую-либо определенную страну и (или) из какой-либо определенной страны.

      25. В связи с применением экспортных и (или) импортных квот Комиссия:

      1) предоставляет по требованию третьей страны, заинтересованной в торговле отдельным видом товара, информацию, касающуюся порядка распределения экспортной и (или) импортной квот, механизма их распределения между участниками внешнеторговой деятельности и объемов квот, на которые выданы лицензии;

      2) публикует информацию об общем количестве или стоимости товара, экспорт и (или) импорт которого будет разрешен в течение определенного времени в будущем, а также о датах начала и окончания действия экспортной и (или) импортной квот и любых их изменениях.

IV. Исключительное право

      26. Осуществление внешнеторговой деятельности может ограничиваться путем предоставления исключительного права.

      27. Товары, на экспорт и (или) импорт которых предоставляется исключительное право, а также порядок определения государствами-членами участников внешнеторговой деятельности, которым предоставляется такое исключительное право, определяются Комиссией.

      Перечень участников внешнеторговой деятельности, которым на основании акта Комиссии государствами-членами предоставлено исключительное право, подлежит опубликованию на официальном сайте Союза в сети Интернет.

      28. Решение о введении ограничения на осуществление внешнеторговой деятельности путем предоставления исключительного права принимается Комиссией по предложению государства-члена.

      Обоснование необходимости введения исключительного права должно содержать финансово-экономические расчеты и иную информацию, подтверждающую целесообразность применения данной меры.

      29. Участники внешнеторговой деятельности, которым на основании решения Комиссии государствами-членами предоставлено исключительное право, совершают сделки по экспорту и (или) импорту соответствующих товаров, основываясь на принципе недискриминации и руководствуясь только коммерческими соображениями, включая условия покупки или продажи, и предоставляют организациям третьих стран адекватную возможность (в соответствии с обычной деловой практикой) конкурировать в отношении участия в таких покупках или продажах.

      30. Экспорт и (или) импорт товаров, в отношении которых участникам внешнеторговой деятельности предоставлено исключительное право, осуществляются на основании исключительных лицензий, выдаваемых уполномоченным органом.

V. Автоматическое лицензирование (наблюдение)

      31. В целях мониторинга динамики экспорта и (или) импорта отдельных видов товаров Комиссия вправе вводить автоматическое лицензирование (наблюдение).

      32. Введение автоматического лицензирования (наблюдения) осуществляется по инициативе как государства-члена, так и Комиссии.

      Обоснование необходимости введения автоматического лицензирования (наблюдения) должно содержать информацию о невозможности отслеживания количественных показателей экспорта и (или) импорта отдельных видов товаров и их изменений иными способами.

      33. Перечень отдельных видов товаров, в отношении которых вводится автоматическое лицензирование (наблюдение), а также сроки такого автоматического лицензирования (наблюдения) устанавливаются Комиссией.

      Товары, в отношении которых введено автоматическое лицензирование (наблюдение), включаются в единый перечень товаров.

      34. Экспорт и (или) импорт товаров, в отношении которых введено автоматическое лицензирование (наблюдение), осуществляются при наличии разрешений, выданных уполномоченным органом, в порядке, определяемом Комиссией.

      Порядок выдачи (оформления) разрешения, его структура и формат в форме электронного документа утверждаются Комиссией, а до их утверждения определяются в соответствии с законодательством государства-члена.

      Разрешения, выданные уполномоченным органом одного государства-члена, признаются всеми другими государствами- членами.

      Сноска. Пункт 34 с изменениями, внесенными Законом РК от 19.04.2024 № 75-VIII.

      35. Выдача разрешений на экспорт и (или) импорт товаров, включенных в единый перечень товаров, осуществляется в соответствии с правилами согласно приложению, предусмотренными пунктом 48 настоящего Протокола.

      Сноска. Пункт 35 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

VI. Разрешительный порядок

      36. Разрешительный порядок ввоза и (или) вывоза товаров реализуется посредством введения лицензирования или применения иных административных мер регулирования внешнеторговой деятельности.

      37. Решение о введении, применению и отмене разрешительного порядка принимается Комиссией.

VII. Общие исключения

      38. При ввозе и (или) вывозе отдельных видов товаров могут вводиться меры, в том числе по основаниям, отличным от указанных в разделах III и IV настоящего Протокола, в случае если эти меры:

      1) необходимы для соблюдения общественной морали или правопорядка;

      2) необходимы для охраны жизни и здоровья человека, окружающей среды, животных и растений;

      3) относятся к экспорту и (или) импорту золота или серебра;

      4) применяются для защиты культурных ценностей и культурного наследия;

      5) необходимы для предотвращения исчерпания невосполнимых природных ресурсов и проводятся одновременно с ограничением внутреннего производства или потребления, связанных с использованием невосполнимых природных ресурсов;

      6) связаны с ограничением экспорта товаров, происходящих с территорий государств-членов, для обеспечения достаточным количеством таких товаров внутренней обрабатывающей промышленности в течение периодов, когда внутренняя цена на такие товары держится на более низком уровне, чем мировая цена, в результате осуществляемого правительством плана стабилизации;

      7) необходимы для приобретения или распределения товаров при общем или местном их дефиците;

      8) необходимы для выполнения международных обязательств;

      9) необходимы для обеспечения обороны и безопасности;

      10) необходимы для обеспечения соблюдения не противоречащих международным обязательствам правовых актов, касающихся применения таможенного законодательства, охраны окружающей среды, защиты интеллектуальной собственности, и иных правовых актов.

      39. Меры, указанные в пункте 38 настоящего Протокола, вводятся на основании акта Комиссии и не могут служить средством произвольной или необоснованной дискриминации третьих стран, а также скрытого ограничения внешней торговли товарами.

      40. Для целей введения либо отмены мер в отношении отдельного вида товара по основаниям, предусмотренным пунктом 38 настоящего Протокола, государство-член представляет в Комиссию документы, содержащие сведения о наименовании товара, его коде ТН ВЭД ЕАЭС, характере предлагаемых мер и предполагаемом сроке их действия, а также обоснование необходимости введения или отмены мер.

      41. В случае если Комиссия не примет предложение государства-члена о введении мер по основаниям, предусмотренным в пункте 38 настоящего Протокола, то государство-член, инициировавшее их введение, может ввести такие меры в одностороннем порядке в соответствии с разделом X настоящего Протокола.

VIII. Защита внешнего финансового положения
и обеспечение равновесия платежного баланса

      42. При импорте отдельных видов товаров могут вводиться меры, в том числе по основаниям, отличным от указанных в разделах III и IV настоящего Протокола, в случае если это необходимо для защиты внешнего финансового положения и обеспечения равновесия платежного баланса.

      Такие меры могут быть введены, если только в силу критического состояния платежного баланса иные меры не смогут остановить резкого ухудшения положения с внешними расчетами.

      43. Меры, вводимые, в том числе по основаниям, отличным от указанных в разделах III и IV настоящего Протокола, могут применяться, если только платежи за поставки импортируемых товаров производятся в валютах, в которых формируются упомянутые в пункте 44 настоящего Протокола валютные резервы государств-членов.

      44. Ограничения в отношении импорта не должны быть более значительными, чем это необходимо для предотвращения неминуемой угрозы серьезного сокращения валютных резервов государств-членов или для восстановления разумного темпа роста валютных резервов государств-членов.

      45. Комиссия рассматривает предложение государства-члена о введении мер, указанных в пункте 42 настоящего Протокола.

      46. В случае если Комиссия не примет предложение государства-члена о введении мер, то государство-член может принять решение о введении указанных в пункте 42 настоящего Протокола мер в одностороннем порядке в соответствии с разделом X настоящего Протокола.

IX. Лицензирование в сфере внешней торговли товарами

      47. Лицензирование в случаях, установленных Комиссией, применяется при экспорте и (или) импорте отдельных видов товаров, если в отношении этих товаров введены:

      количественные ограничения;

      исключительное право;

      разрешительный порядок;

      тарифная квота;

      импортная или специальная квота в качестве специальной защитной меры.

      Лицензирование реализуется путем выдачи уполномоченным органом участнику внешнеторговой деятельности лицензии на экспорт и (или) импорт товаров.

      Лицензии, выданные уполномоченным органом одного государства-члена, признаются всеми другими государствами-членами.

      Сноска. Пункт 47 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      48. Правила выдачи лицензий и разрешений на экспорт и (или) импорт товаров, включенных в единый перечень товаров, утверждаются Комиссией.

      Порядок выдачи (оформления) лицензии, ее структура и формат в форме электронного документа утверждаются Комиссией, а до их утверждения определяются в соответствии с законодательством государства-члена.";

      Правила выдачи лицензий и разрешений на экспорт и (или) импорт товаров (приложение к указанному Протоколу) признать утратившими силу;

      Сноска. Пункт 48 – в редакции Закона РК от 19.04.2024 № 75-VIII.

      49. Уполномоченными органами выдаются следующие виды лицензий:

      разовая лицензия;

      генеральная лицензия;

      исключительная лицензия.

      Выдача генеральных и исключительных лицензий осуществляется в случаях, определяемых Комиссией.

X. Применение мер в одностороннем порядке

      50. В исключительных случаях по основаниям, предусмотренным разделами VII и VIII настоящего Протокола, государства-члены в торговле с третьими странами могут в одностороннем порядке вводить временные меры, в том числе по основаниям, отличным от указанных в разделах III и IV настоящего Протокола.

      51. Государство-член, вводящее временную меру, заблаговременно, но не позднее 3 календарных дней до даты ее введения, уведомляет об этом Комиссию и вносит предложение о введении такой меры на таможенной территории Союза.

      52. Комиссия рассматривает предложение государства-члена о введении временной меры и по итогам рассмотрения предложения государства-члена может принять решение о введении такой меры на таможенной территории Союза.

      53. Срок действия такой меры в данном случае устанавливается Комиссией.

      54. В случае если решение о введении временной меры на таможенной территории Союза не принято, Комиссия информирует государство-член, которое ввело временную меру, и таможенные органы государств-членов о том, что временная мера действует не более 6 месяцев с даты ее введения.

      55. На основании полученного от государства-члена уведомления о введении временной меры Комиссия незамедлительно информирует таможенные органы государств-членов о введении одним из государств-членов временной меры с указанием:

      1) наименования нормативного правового акта государства-члена, в соответствии с которым вводится временная мера;

      2) наименования товара и его кода ТН ВЭД ЕАЭС;

      3) даты введения временной меры и срока ее действия.

      56. После получения указанной в пункте 55 настоящего Протокола информации таможенные органы государств-членов не допускают:

      вывоз соответствующих товаров, происходящих с территории государства-члена, применившего временную меру, сведения о которых содержатся в данной информации, без лицензии, выданной уполномоченным органом этого государства-члена;

      ввоз соответствующих товаров, предназначенных для государства-члена, применившего временную меру, сведения о которых содержатся в данной информации, без лицензии, выданной уполномоченным органом этого государства-члена. При этом государства-члены, не применяющие временную меру, предпринимают необходимые усилия, направленные на недопущение ввоза соответствующих товаров на территорию государства-члена, применившего временную меру.

  Приложение
к Протоколу о мерах
нетарифного регулирования
в отношении третьих стран


Правила выдачи лицензий и разрешений на экспорт и (или) импорт товаров

I. Общие положения

      1. Настоящие Правила определяют порядок выдачи лицензий и разрешений на экспорт и (или) импорт товаров, включенных в единый перечень товаров, к которым применяются меры нетарифного регулирования в торговле с третьими странами.

      2. В настоящих Правилах используются понятия, определенные в Протоколе о мерах нетарифного регулирования в отношении третьих стран (приложение № 7 к Договору о Евразийском экономическом союзе), а также следующие понятия:

      "заявитель" – участник внешнеторговой деятельности, который представляет в уполномоченный орган документы в целях оформления лицензии или разрешения;

      "исполнение лицензии" – фактический ввоз на таможенную территорию Союза или вывоз с таможенной территории Союза товаров, в отношении которых произведен выпуск таможенными органами на основании выданной (оформленной) лицензии.

      3. За выдачу (оформление) лицензии и дубликата лицензии уполномоченным органом взимается государственная пошлина (лицензионный сбор) в порядке и размере, предусмотренных законодательством государства-члена.

      4. Лицензии и разрешения выдаются на каждый товар, классифицируемый по ТН ВЭД ЕАЭС, в отношении которого введено лицензирование или автоматическое лицензирование (наблюдение).

      5. Образцы подписей должностных лиц уполномоченных органов, наделенных правом подписи лицензий и разрешений, а также образцы оттисков печатей уполномоченных органов направляются в Комиссию для уведомления таможенных органов государств-членов.

      6. Документы, представленные для оформления лицензии или разрешения, а также документы, подтверждающие исполнение лицензии, подлежат хранению в уполномоченных органах в течение 3 лет с даты окончания срока действия лицензии или разрешения либо с даты принятия решения о прекращении или о приостановлении действия лицензии.

      По истечении указанного срока документы уничтожаются в порядке, установленном законодательством государства-члена, в котором были выданы лицензия или разрешение.

      7. Уполномоченные органы осуществляют ведение базы данных выданных лицензий и разрешений и представляют указанную информацию в Комиссию в порядке и сроки, устанавливаемые Комиссией. Комиссия представляет данные о выданных лицензиях в таможенные органы государств-членов.

II. Порядок выдачи лицензий

      8. Оформление заявления на выдачу лицензии и оформление лицензии осуществляются в соответствии с инструкцией об оформлении заявления на выдачу лицензии на экспорт и (или) импорт отдельных видов товаров и об оформлении такой лицензии, утверждаемой Комиссией.

      Лицензия может выдаваться (оформляться) в форме электронного документа в порядке, утверждаемом Комиссией, а до его утверждения – в порядке, определяемом в соответствии с законодательством государства-члена.

      Структура и формат лицензии в форме электронного документа утверждаются Комиссией, а до их утверждения определяются в соответствии с законодательством государства-члена.

      9. Период действия разовой лицензии не может превышать 1 года с даты начала ее действия. Срок действия разовой лицензии может быть ограничен сроком действия внешнеторгового контракта (договора) или сроком действия документа, являющегося основанием для выдачи лицензии.

      Для товаров, в отношении которых введены количественные ограничения экспорта и (или) импорта, или импортная либо специальная квота в качестве специальной защитной меры, или тарифные квоты, период действия лицензии заканчивается в календарном году, на который установлена квота.

      Срок действия генеральной лицензии не может превышать 1 года с даты начала ее действия, а для товаров, в отношении которых введены количественные ограничения экспорта и (или) импорта или тарифные квоты, заканчивается в календарном году, на который установлена квота, если иное не установлено Комиссией.

      Срок действия исключительной лицензии устанавливается Комиссией в каждом конкретном случае.

      Сноска. Пункт 9 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      10. Для оформления лицензии заявителем или его представителем, имеющим письменное подтверждение соответствующих полномочий, в уполномоченный орган представляются следующие документы и сведения:

      1) заявление о выдаче лицензии, заполненное и оформленное в соответствии с инструкцией об оформлении заявления на выдачу лицензии на экспорт и (или) импорт отдельных видов товаров и об оформлении такой лицензии (далее – заявление);

      2) электронная копия заявления в формате, утверждаемом Комиссией, а до его утверждения – в порядке, определяемом в соответствии с законодательством государства-члена;

      3) копия внешнеторгового договора (контракта), приложения и (или) дополнения к нему (для разовой лицензии), а в случае отсутствия внешнеторгового договора (контракта) – копия иного документа, подтверждающего намерения сторон;

      4) копия документа (сведения, если это предусмотрено законодательством государства-члена) о постановке на учет в налоговом органе или о государственной регистрации;

      5) копия лицензии на осуществление лицензируемого вида деятельности или сведения о наличии лицензии на осуществление лицензируемого вида деятельности (если это предусмотрено законодательством государства-члена), если такой вид деятельности связан с оборотом товара, в отношении которого введено лицензирование на таможенной территории Союза;

      6) иные документы (сведения), если они определены решением Комиссии, на основании которого введено лицензирование соответствующего товара.

      11. Каждый лист представленных копий документов должен быть заверен подписью и печатью заявителя, либо копии документов должны быть прошиты и их последние листы заверены подписью и печатью заявителя.

      Представленные заявителем документы подлежат регистрации в уполномоченном органе.

      Заявление и документы (сведения) могут представляться в форме электронного документа в порядке, предусмотренном законодательством государства-члена. Допускается представление документов (сведений) в виде сканированных документов, заверенных электронной цифровой подписью заявителя, если это предусмотрено законодательством государства-члена.

      Лицензия выдается после представления заявителем документа, подтверждающего уплату государственной пошлины (лицензионного сбора), взимаемой за выдачу (оформление) лицензии в порядке и размере, предусмотренных законодательством государства-члена.

      12. В случаях, предусмотренных решением Комиссии, заявление до представления в уполномоченный орган направляется заявителем либо уполномоченным органом, если это предусмотрено законодательством государства-члена, на согласование в соответствующий орган исполнительной власти государства-члена, определенный государством-членом.

      13. Выдача лицензии или отказ в ее выдаче осуществляются уполномоченным органом на основании предусмотренных пунктом 10 настоящих Правил документов в течение 15 рабочих дней с даты подачи документов, если решением Комиссии не установлены иные сроки.

      14. Основанием для отказа в выдаче лицензии является:

      1) наличие неполных или недостоверных сведений в документах, представленных заявителем для получения лицензии;

      2) несоблюдение требований, предусмотренных пунктами 10 – 12 настоящих Правил;

      3) прекращение или приостановление действия одного или нескольких документов, служащих основанием для выдачи лицензии;

      4) нарушение международных обязательств государств-членов, которое может наступить вследствие исполнения договора (контракта), для реализации которого запрашивается лицензия;

      5) исчерпание квоты, а также тарифной квоты, либо их отсутствие (в случае оформления лицензии на квотируемые товары);

      6) иные основания, предусмотренные актом Комиссии.

      15. Решение об отказе в выдаче лицензии должно быть мотивированным и представляться заявителю в письменной форме либо в форме электронного документа, если это предусмотрено решением Комиссии, а при отсутствии указанного акта – законодательством государства-члена.

      16. Уполномоченный орган оформляет оригинал лицензии, который выдается заявителю. Заявитель до таможенного декларирования товаров представляет оригинал лицензии в соответствующий таможенный орган, который при постановке лицензии на контроль выдает заявителю ее копию с отметкой таможенного органа о постановке на контроль.

      Если уполномоченным органом выдана (оформлена) лицензия в форме электронного документа, то представление заявителем оригинала лицензии на бумажном носителе в таможенный орган своего государства не требуется.

      Порядок взаимодействия уполномоченных органов и таможенных органов по контролю за исполнением лицензий, выданных в форме электронного документа, определяется законодательством государств-членов.

      17. Внесение изменений в выданные лицензии, в том числе по причинам технического характера, не допускается.

      18. В случае если внесены изменения в учредительные документы заявителя, зарегистрированного в качестве юридического лица (изменение организационно-правовой формы, наименования либо места его нахождения), или изменены паспортные данные заявителя, являющегося физическим лицом, заявитель обязан обратиться с просьбой о прекращении действия выданной лицензии и оформлении новой лицензии с приложением заявления и документов, подтверждающих указанные изменения.

      19. Уполномоченный орган вправе принять решение о прекращении или приостановлении действия лицензии в следующих случаях:

      1) обращение заявителя, представленное в письменной форме или в форме электронного документа, если это предусмотрено законодательством государства-члена;

      2) внесение изменений в учредительные документы заявителя, зарегистрированного в качестве юридического лица (изменение организационно-правовой формы, наименования либо места его нахождения), или изменение паспортных данных заявителя, являющегося физическим лицом;

      3) выявление недостоверных сведений в документах, представленных заявителем в целях получения лицензии;

      4) прекращение или приостановление действия одного или нескольких документов, на основании которых была выдана лицензия;

      5) нарушение при исполнении договора (контракта), на основании которого выдана лицензия, международных обязательств государства-члена;

      6) отзыв лицензии на осуществление лицензируемого вида деятельности, если такой вид деятельности связан с оборотом товара, в отношении которого введено лицензирование;

      7) выявление допущенных при выдаче лицензии нарушений, повлекших выдачу лицензии, которая при соблюдении установленного порядка не могла быть выдана;

      8) несоблюдение владельцем лицензии установленных международными нормативными правовыми актами или нормативными правовыми актами государства-члена условий выдачи лицензии;

      9) наличие судебного решения;

      10) невыполнение владельцем лицензии пункта 22 настоящих Правил.

      20. Действие лицензии приостанавливается с даты принятия уполномоченным органом решения об этом.

      Действие приостановленной лицензии может быть возобновлено уполномоченным органом после устранения причин, вызвавших приостановление ее действия. При этом приостановление действия лицензии не является основанием для ее продления.

      Порядок приостановления или прекращения действия лицензии определяется Комиссией.

      21. В случае утраты лицензии уполномоченный орган выдает по письменному обращению заявителя и после уплаты государственной пошлины (лицензионного сбора) в порядке и размере, предусмотренных законодательством государства-члена, дубликат лицензии, оформляемый аналогично оригиналу и содержащий запись "Дубликат".

      Обращение, в котором разъясняются причины и обстоятельства утраты лицензии, составляется в произвольной форме.

      Дубликат лицензии выдается уполномоченным органом в течение 5 рабочих дней с даты подачи обращения.

      22. Владельцы генеральных и исключительных лицензий обязаны ежеквартально, до 15-го числа месяца, следующего за отчетным кварталом, представлять в уполномоченный орган отчет о ходе исполнения лицензии.

      Владельцы разовых лицензий в течение 15 календарных дней по истечении срока действия лицензии обязаны представлять в уполномоченный орган справку об исполнении лицензии.

      23. При снятии лицензии с контроля соответствующий таможенный орган государства-члена выдает заявителю на основании его письменного обращения справку об исполнении лицензии в течение 5 рабочих дней.

      Форма и порядок выдачи справки определяются Комиссией.

      24. Таможенные органы представляют информацию в электронной форме об исполнении лицензий непосредственно в уполномоченный орган, в случае если представление таможенными органами такой информации предусмотрено законодательством государства-члена.

      Если информация об исполнении лицензий представляется таможенными органами в электронной форме непосредственно в уполномоченный орган, отчеты о ходе исполнения лицензий и справки об исполнении лицензий владельцами лицензий в уполномоченный орган не представляются.

III. Порядок выдачи разрешений

      25. Оформление разрешения осуществляется в соответствии с инструкцией об оформлении разрешения на экспорт и (или) импорт отдельных видов товаров, утверждаемой Комиссией.

      Разрешение может выдаваться (оформляться) в форме электронного документа в порядке, утверждаемом Комиссией, а до его утверждения – в порядке, определяемом в соответствии с законодательством государства-члена.

      Структура и формат разрешения в форме электронного документа утверждаются Комиссией, а до их утверждения определяются в соответствии с законодательством государства-члена.

      Разрешения, выданные уполномоченным органом одного государства-члена, признаются всеми другими государствами-членами.

      26. Срок выдачи разрешений не может превышать 3 рабочих дней с даты подачи заявления.

      Разрешения выдаются без ограничений любым участникам внешнеторговой деятельности на основании подаваемых в уполномоченный орган:

      письменного заявления;

      проекта разрешения на бумажном носителе;

      электронной копии проекта разрешения в формате, утверждаемом Комиссией, а до его утверждения – в формате, определяемом в соответствии с законодательством государства-члена.

      27. Срок действия разрешения ограничивается календарным годом, в котором выдано разрешение.

      28. Уполномоченный орган оформляет оригинал разрешения, который выдается участнику внешнеторговой деятельности или его представителю, имеющему письменное подтверждение полномочий на его получение.

      Участник внешнеторговой деятельности до таможенного декларирования товаров представляет оригинал разрешения в соответствующий таможенный орган, который при постановке разрешения на контроль выдает участнику внешнеторговой деятельности его копию с отметкой таможенного органа о постановке на контроль.

      Если уполномоченным органом выдано (оформлено) разрешение в форме электронного документа, то представление участником внешнеторговой деятельности оригинала разрешения на бумажном носителе в таможенный орган своего государства не требуется.

      Порядок взаимодействия уполномоченных органов и таможенных органов по контролю за исполнением разрешений, выданных в форме электронного документа, определяется законодательством государств-членов.

      29. Выданные разрешения не подлежат переоформлению на других участников внешнеторговой деятельности.

      Внесение изменений в выданные разрешения не допускается.

      30. В случае утраты выданного разрешения уполномоченный орган в течение 3 рабочих дней может выдать по письменному обращению участника внешнеторговой деятельности дубликат разрешения, оформляемый аналогично оригиналу и содержащий запись "Дубликат". При этом в обращении должны разъясняться причины и обстоятельства утраты разрешения. Обращение составляется в произвольной форме.

  ПРИЛОЖЕНИЕ № 8
к Договору о Евразийском
экономическом союзе

ПРОТОКОЛ
о применении специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам

      Сноска. В протоколе по тексту слово "плательщику" исключены Законом РК от 14.06.2021 № 50-VII.

I. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьями 48 и 49 Договора о Евразийском экономическом союзе (далее – Договор) и определяет применение специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам в целях защиты экономических интересов производителей товаров в Союзе.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "аналогичный товар" – товар, полностью идентичный товару, который является или может стать объектом расследования (повторного расследования), либо в отсутствие такого товара – другой товар, имеющий характеристики, близкие к характеристикам товара, который является или может стать объектом расследования (повторного расследования);

      "антидемпинговая мера" – мера по противодействию демпинговому импорту, которая применяется посредством введения антидемпинговой пошлины, в том числе предварительной антидемпинговой пошлины, или одобрения добровольных ценовых обязательств, принятых экспортером;

      "антидемпинговая пошлина" – пошлина, которая применяется при введении антидемпинговой меры и взимается таможенными органами государств-членов независимо от ввозной таможенной пошлины;

      "демпинговая маржа" – выраженное в процентах отношение нормальной стоимости товара за вычетом экспортной цены этого товара к его экспортной цене либо разница между нормальной стоимостью товара и его экспортной ценой, выраженная в абсолютных показателях;

      "импортная квота" - объем (в натуральном и (или) стоимостном выражении) импорта товара на таможенную территорию Союза, свыше которого товар на таможенную территорию Союза не поставляется;

      "компенсационная мера" – мера по нейтрализации воздействия специфической субсидии экспортирующей третьей страны на отрасль экономики государств-членов, применяемая посредством введения компенсационной пошлины (в том числе предварительной компенсационной пошлины) либо одобрения добровольных обязательств, принятых уполномоченным органом субсидирующей третьей страны или экспортером;

      "компенсационная пошлина" – пошлина, которая применяется при введении компенсационной меры и взимается таможенными органами государств-членов независимо от ввозной таможенной пошлины;

      "материальный ущерб отрасли экономики государств-членов" – подтвержденное доказательствами ухудшение положения отрасли экономики государств-членов, которое может выражаться, в частности, в сокращении объема производства аналогичного товара в государствах-членах и объема его реализации на рынке государств-членов, снижении рентабельности производства такого товара, а также в негативном воздействии на товарные запасы, занятость, уровень заработной платы в данной отрасли экономики государств-членов и уровень инвестиций в данную отрасль экономики государств-членов;

      "непосредственно конкурирующий товар" – товар, сопоставимый с товаром, который является или может стать объектом расследования (повторного расследования), по своему назначению, применению, качественным и техническим характеристикам, а также по другим основным свойствам таким образом, что покупатель заменяет или готов заменить им в процессе потребления товар, который является или может стать объектом расследования (повторного расследования);

      "обычный ход торговли" – купля-продажа аналогичного товара на рынке экспортирующей третьей страны по цене не ниже его средневзвешенной себестоимости, определяемой исходя из средневзвешенных издержек производства и средневзвешенных торговых, административных и общих издержек;

      "предварительная антидемпинговая пошлина" – пошлина, применяемая при импорте на таможенную территорию Союза товара, в отношении которого органом, проводящим расследования, в ходе расследования сделано предварительное заключение о наличии демпингового импорта и обусловленного этим материального ущерба отрасли экономики государств-членов, угрозы его причинения или существенного замедления создания отрасли экономики государств-членов;

      "предварительная компенсационная пошлина" – пошлина, применяемая при импорте на таможенную территорию Союза товара, в отношении которого органом, проводящим расследования, в ходе расследования сделано предварительное заключение о наличии субсидируемого импорта и обусловленного этим импортом материального ущерба отрасли экономики государств-членов, угрозы его причинения или существенного замедления создания отрасли экономики государств-членов;

      "предварительная специальная пошлина" – пошлина, применяемая при импорте на таможенную территорию Союза товара, в отношении которого органом, проводящим расследования, в ходе расследования сделано предварительное заключение о наличии возросшего импорта, который нанес или угрожает нанести серьезный ущерб отрасли экономики государств-членов;

      "предшествующий период" – 3 календарных года, непосредственно предшествующие дате подачи заявления о проведении расследования, за которые имеются необходимые статистические данные;

      "связанные лица" – лица, которые отвечают одному или нескольким из следующих критериев:

      каждое из этих лиц является сотрудником или руководителем организации, созданной с участием другого лица;

      лица являются деловыми партнерами, то есть связаны договорными отношениями, действуют в целях извлечения прибыли и совместно несут расходы и убытки, связанные с осуществлением совместной деятельности;

      лица являются работодателями и работниками одной организации;

      какое-либо лицо прямо или косвенно владеет, контролирует или является номинальным держателем 5 и более процентов голосующих акций или долей обоих лиц;

      одно из лиц прямо или косвенно контролирует другое лицо;

      оба лица прямо или косвенно контролируются третьим лицом;

      оба лица вместе прямо или косвенно контролируют третье лицо;

      лица состоят в брачных отношениях, отношениях родства или свойства, усыновителя и усыновленного, а также попечителя и подопечного.

      При этом под прямым контролем понимается возможность юридического или физического лица определять решения, принимаемые юридическим лицом, посредством совершения одного или нескольких из следующих действий:

      осуществление функций его исполнительного органа;

      получение права определять условия ведения предпринимательской деятельности юридического лица;

      распоряжение более 5 процентами общего количества голосов, приходящихся на акции (доли), составляющие уставный (складочный) капитал (фонд) юридического лица.

      Под косвенным контролем понимается возможность юридического или физического лица определять решения, принимаемые юридическим лицом, через физическое или юридическое лицо либо через несколько юридических лиц, между которыми существует прямой контроль;

      "серьезный ущерб отрасли экономики государств-членов" – подтвержденное доказательствами общее ухудшение ситуации, связанной с производством аналогичного или непосредственно конкурирующего товара в государствах-членах, которое выражается в существенном ухудшении производственного, торгового и финансового положения отрасли экономики государств-членов и определяется, как правило, за предшествующий период;

      "специальная защитная мера" – мера по ограничению возросшего импорта на таможенную территорию Союза, которая применяется по решению Комиссии посредством введения импортной квоты, специальной квоты или специальной пошлины, в том числе предварительной специальной пошлины;

      "специальная квота" – объем (в натуральном и (или) стоимостном выражении) импорта товара на таможенную территорию Союза, в рамках которого товар поставляется на таможенную территорию Союза без уплаты специальной пошлины, а свыше которого – с уплатой специальной пошлины;

      "специальная пошлина" – пошлина, которая применяется при введении специальной защитной меры и взимается таможенными органами государств-членов независимо от ввозной таможенной пошлины;

      "субсидируемый импорт" – импорт на таможенную территорию Союза товара, при производстве, экспорте или транспортировке которого использовалась специфическая субсидия экспортирующей третьей страны;

      "третьи страны" – страны и (или) объединения стран, не являющиеся участниками Договора, а также территории, включенные в классификатор стран мира, утверждаемый Комиссией;

      "субсидирующий орган" – государственный орган либо орган местного самоуправления экспортирующей третьей страны или лицо, действующее по поручению соответствующего государственного органа либо органа местного самоуправления или уполномоченное соответствующим государственным органом либо органом местного самоуправления в соответствии с правовым актом или исходя из фактических обстоятельств;

      "угроза причинения материального ущерба отрасли экономики государств-членов" – подтвержденная доказательствами неизбежность причинения материального ущерба отрасли экономики государств-членов;

      "угроза причинения серьезного ущерба отрасли экономики государств-членов" – подтвержденная доказательствами неизбежность причинения серьезного ущерба отрасли экономики государств-членов;

      "экспортная цена" – цена, которая уплачена или должна быть уплачена при импорте товара на таможенную территорию Союза.

      Сноска. Пункт 2 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 14.06.2021 № 50-VII; от 30.01.2024 № 56-VIII.

II. Расследование

1. Цели проведения расследования

      3. Введению специальной защитной, антидемпинговой или компенсационной меры при импорте товара предшествует расследование, проводимое в целях установления:

      наличия возросшего импорта на таможенную территорию Союза и обусловленного этим серьезного ущерба отрасли экономики государств-членов или угрозы его причинения;

      наличия демпингового или субсидируемого импорта на таможенную территорию Союза и обусловленного этим материального ущерба отрасли экономики государств-членов, или угрозы его причинения, или существенного замедления создания отрасли экономики государств-членов.

2. Орган, проводящий расследования

      4. Орган, проводящий расследования, действует в рамках полномочий, предоставляемых ему международными договорами и актами, составляющими право Союза.

      5. Орган, проводящий расследования, по результатам расследования представляет в Комиссию доклад, содержащий предложения о целесообразности применения или продления срока действия специальной защитной, антидемпинговой или компенсационной меры либо пересмотра или отмены специальной защитной, антидемпинговой или компенсационной меры, с приложением проекта соответствующего решения Комиссии.

      6. Пересмотр специальной защитной, антидемпинговой или компенсационной меры предусматривает ее изменение, отмену или либерализацию по итогам повторного расследования.

      7. В случаях, предусмотренных пунктами 15 – 22, 78 – 89, 143 – 153 настоящего Протокола, орган, проводящий расследования, до завершения расследования представляет в Комиссию доклад, содержащий предложения о целесообразности введения и применения предварительной специальной, предварительной антидемпинговой или предварительной компенсационной пошлины, с приложением проекта соответствующего решения Комиссии.

      8. Предоставление доказательств и сведений в орган, проводящий расследования, а также переписка с органом, проводящим расследования, осуществляются на русском языке, а оригиналы документов, которые составлены на иностранном языке, должны сопровождаться переводом на русский язык (с удостоверением такого перевода).

III. Специальные защитные меры
1. Общие принципы применения
специальной защитной меры

      9. Специальная защитная мера применяется в отношении товара, импортируемого на таможенную территорию Союза из экспортирующей третьей страны, независимо от страны его происхождения, за исключением:

      1) товара, происходящего из развивающейся или наименее развитой третьей страны-пользователя системы тарифных преференций Союза, до тех пор пока доля импорта данного товара из такой страны не превышает 3 процентов от общего объема импорта этого товара на таможенную территорию Союза, при условии, что суммарная доля импорта данного товара из развивающихся и наименее развитых третьих стран, на долю каждой из которых приходится не более 3 процентов от общего объема импорта этого товара на таможенную территорию Союза, не превышает 9 процентов от общего объема импорта данного товара на таможенную территорию Союза;

      2) товара, происходящего из государства – участника Содружества Независимых Государств, являющегося стороной Договора о зоне свободной торговли от 18 октября 2011 года, при выполнении условий, установленных статьей 8 указанного Договора.

      10. Комиссия принимает решение о распространении специальной защитной меры на товар, происходящий из развивающейся или наименее развитой третьей страны и исключенный из действия специальной защитной меры в соответствии с пунктом 9 настоящего Протокола, в случае если в результате повторного расследования, проведенного органом, проводящим расследования, в соответствии с пунктами 31, 33 или 34 настоящего Протокола, установлено, что доля импорта товара из такой развивающейся или наименее развитой третьей страны превышает показатели, установленные пунктом 9 настоящего Протокола.

      11. Комиссия принимает решение о распространении специальной защитной меры на товар, происходящий из государства – участника Содружества Независимых Государств, являющегося стороной Договора о зоне свободной торговли от 18 октября 2011 года, исключенный из действия специальной защитной меры в соответствии с пунктом 9 настоящего Протокола, в случае если в результате повторного расследования, проведенного органом, проводящим расследования, в соответствии с пунктами 31, 33 или 34 настоящего Протокола, установлено, что условия, указанные в статье 8 указанного Договора, более не выполняются.

2. Установление серьезного ущерба отрасли экономики
государств-членов или угрозы его причинения вследствие
возросшего импорта

      12. В целях установления серьезного ущерба отрасли экономики государств-членов или угрозы его причинения вследствие возросшего импорта на таможенную территорию Союза орган, проводящий расследования, в ходе расследования оценивает объективные факторы, которые могут быть выражены в количественных показателях и которые оказывают воздействие на экономическое положение отрасли экономики государств-членов, в том числе следующие:

      1) темпы и объем роста импорта товара, являющегося объектом расследования, в абсолютных показателях и относительных показателях к общему объему производства или потребления в государствах-членах аналогичного или непосредственно конкурирующего товара;

      2) доля импортного товара, являющегося объектом расследования, в общем объеме продаж данного товара и аналогичного или непосредственно конкурирующего товара на рынке государств-членов;

      3) уровень цен на импортный товар, являющийся объектом расследования, в сравнении с уровнем цен на аналогичный или непосредственно конкурирующий товар, производимый в государствах-членах;

      4) изменение объема продаж на рынке государств-членов аналогичного или непосредственно конкурирующего товара, производимого в государствах-членах;

      5) изменение объема производства аналогичного или непосредственно конкурирующего товара, производительности, загрузки производственных мощностей, размеров прибыли и убытков, а также уровня занятости в отрасли экономики государств-членов.

      13. Серьезный ущерб отрасли экономики государств-членов или угроза его причинения вследствие возросшего импорта должны устанавливаться на основе результатов анализа всех доказательств и сведений, относящихся к делу и имеющихся в распоряжении органа, проводящего расследования.

      14. Орган, проводящий расследования, помимо возросшего импорта анализирует другие известные факторы, вследствие которых в тот же период причиняется серьезный ущерб отрасли экономики государств-членов или создается угроза его причинения. Указанный ущерб не должен быть отнесен к серьезному ущербу отрасли экономики государств-членов или угрозе его причинения вследствие возросшего импорта на таможенную территорию Союза.

3. Введение предварительной
специальной пошлины

      15. В критических обстоятельствах, когда задержка применения специальной защитной меры привела бы к причинению ущерба отрасли экономики государств-членов, который будет трудно устранить впоследствии, Комиссия до завершения соответствующего расследования может принять решение о введении на срок, не превышающий 200 календарных дней, предварительной специальной пошлины на основании предварительного заключения органа, проводящего расследования, в соответствии с которым существуют очевидные доказательства того, что возросший импорт товара, являющегося объектом расследования, нанес или угрожает нанести серьезный ущерб отрасли экономики государств-членов. Расследование должно быть продолжено в целях получения окончательного заключения органа, проводящего расследования.

      16. Орган, проводящий расследования, уведомляет в письменной форме уполномоченный орган экспортирующей третьей страны, а также другие известные ему заинтересованные лица о возможном введении предварительной специальной пошлины.

      17. По запросу уполномоченного органа экспортирующей третьей страны о проведении консультаций по вопросу введения предварительной специальной пошлины такие консультации должны быть начаты после принятия Комиссией решения о введении предварительной специальной пошлины.

      18. В случае если по результатам расследования органом, проводящим расследования, установлено, что отсутствуют основания для введения специальной защитной меры, либо принято решение о неприменении специальной защитной меры в соответствии с пунктом 272 настоящего Протокола, суммы предварительной специальной пошлины подлежат возврату в порядке согласно приложению к настоящему Протоколу.

      Орган, проводящий расследования, своевременно информирует таможенные органы государств-членов об отсутствии оснований для введения специальной защитной меры либо о принятии Комиссией решения о неприменении специальной защитной меры.

      19. В случае если по результатам расследования принято решение о применении специальной защитной меры (в том числе посредством введения импортной или специальной квоты), срок действия предварительной специальной пошлины засчитывается в общий срок действия специальной защитной меры, а суммы предварительной специальной пошлины с даты вступления в силу решения о применении специальной защитной меры, принятого по результатам расследования, подлежат зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу, с учетом положений пунктов 20 и 21 настоящего Протокола.

      20. В случае если по результатам расследования признано целесообразным введение более низкой ставки специальной пошлины, чем ставка предварительной специальной пошлины, суммы предварительной специальной пошлины, соответствующие сумме специальной пошлины, исчисленной по установленной ставке специальной пошлины, подлежат зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу.

      Суммы предварительной специальной пошлины, превышающие сумму специальной пошлины, исчисленной по установленной ставке специальной пошлины, подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      21. В случае если по результатам расследования признано целесообразным введение более высокой ставки специальной пошлины, чем ставка предварительной специальной пошлины, разница между суммами специальной пошлины и предварительной специальной пошлины не взимается.

      22. Решение о введении предварительной специальной пошлины принимается, как правило, не позднее 6 месяцев с даты начала расследования.

4. Применение специальной защитной меры

      23. Специальная защитная мера применяется по решению Комиссии в размере и в течение срока, которые необходимы для предотвращения или устранения серьезного ущерба отрасли экономики государств-членов или угрозы его причинения, а также для облегчения процесса адаптации отрасли экономики государств-членов к меняющимся экономическим условиям.

      24. В случае если специальная защитная мера применяется посредством установления импортной или специальной квоты, размер такой импортной или специальной квоты не должен быть ниже среднегодового объема импорта товара, являющегося объектом расследования (в количественном или стоимостном выражении), за предшествующий период, за исключением случаев необходимости установления меньшего размера импортной или специальной квоты для устранения серьезного ущерба отрасли экономики государств-членов или угрозы его причинения.

      Сноска. Пункт 24 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      25. При распределении импортной или специальной квоты между экспортирующими третьими странами тем из них, которые заинтересованы в осуществлении поставок на таможенную территорию Союза товара, являющегося объектом расследования, предоставляется возможность для проведения консультаций по вопросу распределения между ними импортной или специальной квоты.

      Сноска. Пункт 25 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      26. В случае если проведение консультаций, предусмотренных пунктом 25 настоящего Протокола, не представляется возможным или в ходе их проведения не достигнута договоренность о таком распределении, импортная или специальная квота распределяется между экспортирующими третьими странами, имеющими заинтересованность в экспорте на таможенную территорию Союза товара, являющегося объектом расследования, в пропорции, сложившейся при импорте этого товара из этих экспортирующих третьих стран за предшествующий период на основе общего объема импорта такого товара в количественном или стоимостном выражении.

      При этом учитываются любые особые факторы, которые могли или могут воздействовать на ход торговли данным товаром.

      Сноска. Пункт 26 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      27. В случае если в процентном отношении прирост импорта товара, являющегося объектом расследования, из отдельных экспортирующих третьих стран непропорционально увеличился по отношению к общему приросту импорта такого товара за 3 года, предшествующие дате подачи заявления о проведении расследования, Комиссия может распределить импортную или специальную квоту между такими экспортирующими третьими странами с учетом абсолютных и относительных показателей прироста импорта этого товара на таможенную территорию Союза из таких экспортирующих третьих стран.

      Положения настоящего пункта применимы исключительно в случае установления органом, проводящим расследования, наличия серьезного ущерба отрасли экономики государств-членов.

      Сноска. Пункт 27 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      28. Порядок применения специальной защитной меры в форме импортной или специальной квоты устанавливается решением Комиссии. В случае если такое решение предусматривает лицензирование импорта, лицензии выдаются в порядке, установленном статьей 46 Договора.

      Сноска. Пункт 28 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.
      29. Утратил силу Законом РК от 30.01.2024 № 56-VIII.

5. Срок действия и пересмотр специальной защитной меры

      30. Срок действия специальной защитной меры не должен превышать 4 года, за исключением случая продления срока действия такой меры в соответствии с пунктом 31 настоящего Протокола.

      31. Срок действия специальной защитной меры, указанный в пункте 30 настоящего Протокола, может быть продлен по решению Комиссии, если по результатам повторного расследования, проведенного органом, проводящим расследования, установлено, что для устранения серьезного ущерба отрасли экономики государств-членов или угрозы его причинения необходимо продление срока действия специальной защитной меры, и имеются доказательства того, что соответствующей отраслью экономики государств-членов принимаются меры, способствующие адаптации этой отрасли к меняющимся экономическим условиям.

      32. При принятии Комиссией решения о продлении срока действия специальной защитной меры такая мера не может быть более ограничительной, чем специальная защитная мера, действовавшая на дату принятия этого решения.

      33. В случае если срок действия специальной защитной меры превышает 1 год, Комиссия постепенно смягчает такую специальную защитную меру через равные интервалы времени в течение срока ее действия.

      В случае если срок действия специальной защитной меры превышает 3 года, не позднее чем по истечении половины срока действия такой меры орган, проводящий расследования, проводит повторное расследование, по результатам которого специальная защитная мера может быть сохранена, смягчена или отменена.

      Для целей настоящего пункта под смягчением специальной защитной меры понимается увеличение объема импортной квоты или специальной квоты либо снижение ставки специальной пошлины.

      34. Помимо повторного расследования, указанного в пункте 33 настоящего Протокола, по инициативе органа, проводящего расследования, или по заявлению заинтересованного лица может быть проведено повторное расследование в целях:

      1) определения целесообразности изменения, либерализации или отмены специальной защитной меры в связи с изменившимися обстоятельствами, в том числе уточнением товара, являющегося объектом специальной защитной меры, если имеются основания полагать, что такой товар не может быть произведен в Союзе в ходе применения данной специальной защитной меры;

      2) установления доли развивающихся или наименее развитых третьих стран в общем объеме импорта товара на таможенную территорию Союза;

      3) установления для государства – участника Содружества Независимых Государств, являющегося стороной Договора о зоне свободной торговли от 18 октября 2011 года, факта выполнения критериев, определенных статьей 8 указанного Договора.

      35. Заявление о проведении повторного расследования в целях, указанных в подпункте 1 пункта 34 настоящего Протокола, может быть принято органом, проводящим расследования, если после введения специальной защитной меры прошло не менее 1 года.

      36. При проведении повторных расследований с учетом соответствующих различий применяются положения, относящиеся к проведению расследования.

      37. Общий срок действия специальной защитной меры, включая срок действия предварительной специальной пошлины и срок, на который продлевается действие специальной защитной меры, не должен превышать 8 лет.

      38. Специальная защитная мера не может повторно применяться к товару, к которому ранее применялась специальная защитная мера, в течение срока, равного сроку действия предыдущей специальной защитной меры. При этом срок, в течение которого специальная защитная мера не применяется, не может быть менее 2 лет.

      39. Специальная защитная мера, срок действия которой составляет не более 180 календарных дней, независимо от установленных пунктом 38 настоящего Протокола положений, может быть вновь применена к тому же товару, если прошло не менее 1 года с даты введения предшествующей специальной защитной меры и специальная защитная мера не применялась к такому товару более чем 2 раза в течение 5 лет, предшествующих дате введения новой специальной защитной меры.

IV. Антидемпинговые меры
1. Общие принципы применения
антидемпинговой меры

      40. Товар является предметом демпингового импорта, если экспортная цена этого товара ниже его нормальной стоимости.

      41. Период расследования, за который анализируются сведения в целях определения наличия демпингового импорта, устанавливается органом, проводящим расследования. При этом такой период устанавливается, как правило, равным 12 месяцам, предшествующим дате подачи заявления о проведении расследования, за которые имеются статистические данные, но в любом случае этот период не должен быть менее 6 месяцев.

2. Определение демпинговой маржи

      42. Демпинговая маржа определяется органом, проводящим расследования, на основе сопоставления:

      1) средневзвешенной нормальной стоимости товара со средневзвешенной экспортной ценой товара;

      2) нормальной стоимости товара по индивидуальным сделкам с экспортными ценами товара по индивидуальным сделкам;

      3) средневзвешенной нормальной стоимости товара с экспортными ценами товара по индивидуальным сделкам при условии существенных различий в цене товара в зависимости от покупателей, регионов или периода поставки товара.

      43. Сопоставление экспортной цены товара с его нормальной стоимостью осуществляется на одной и той же стадии торговой операции и в отношении случаев продажи товара, имевших место по возможности в одно и то же время.

      44. При сопоставлении экспортной цены товара с его нормальной стоимостью осуществляется их корректировка с учетом различий, оказывающих воздействие на сопоставимость цен, в том числе различий условий и характеристик поставок, налогообложения, стадий торговых операций, количественных показателей, физических характеристик, а также любых других различий, в отношении которых представляются доказательства их воздействия на сопоставимость цен.

      Орган, проводящий расследования, убеждается в том, что корректировки с учетом указанных различий не дублируют друг друга и не искажают таким образом результат сопоставления экспортной цены с нормальной стоимостью товара.

      Орган, проводящий расследования, вправе запрашивать у заинтересованных лиц информацию, необходимую для обеспечения надлежащего сопоставления экспортной цены товара с его нормальной стоимостью.

      45. В случае если сделки купли-продажи аналогичного товара при обычном ходе торговли на рынке экспортирующей третьей страны отсутствуют либо в силу низкого объема продажи аналогичного товара при обычном ходе торговли или в силу особой ситуации на рынке экспортирующей третьей страны невозможно провести надлежащее сопоставление экспортной цены товара с ценой аналогичного товара при продаже на рынке экспортирующей третьей страны, экспортная цена товара сопоставляется или со сравнимой ценой аналогичного товара, импортируемого из экспортирующей третьей страны в иную третью страну (при условии, что цена аналогичного товара является репрезентативной), или с издержками производства товара в стране его происхождения с учетом необходимых административных, торговых и общих издержек и прибыли.

      46. В случае если товар импортируется на таможенную территорию Союза из третьей страны, не являющейся страной его происхождения, экспортная цена такого товара сопоставляется со сравнимой ценой аналогичного товара на рынке третьей страны.

      Экспортная цена товара может сопоставляться со сравнимой ценой аналогичного товара в стране его происхождения, если этот товар только переотправляется через третью страну, из которой он экспортируется на таможенную территорию Союза, или его производство не осуществляется в этой третьей стране, или в ней отсутствует сравнимая цена аналогичного товара.

      47. В случае если при сопоставлении экспортной цены товара с его нормальной стоимостью требуется пересчет их величин из одной валюты в другую, такой пересчет производится с использованием официального курса валюты на день продажи товара.

      В случае если продажа иностранной валюты была непосредственно связана с соответствующей экспортной поставкой товара и осуществлялась на срок, используется курс валюты, применяемый при продаже валюты на срок.

      Орган, проводящий расследования, не учитывает колебание курсов валют и в ходе расследования предоставляет экспортерам не менее чем 60 календарных дней для корректировки их экспортных цен с учетом устойчивых изменений курсов валют в период расследования.

      48. Орган, проводящий расследования, как правило, определяет индивидуальную демпинговую маржу для каждого известного экспортера и (или) производителя товара, представивших необходимые сведения, позволяющие определить индивидуальную демпинговую маржу.

      49. В случае если орган, проводящий расследования, приходит к заключению о неприемлемости определения индивидуальной демпинговой маржи для каждого известного экспортера и (или) производителя товара по причине общего количества экспортеров, производителей или импортеров товара, разнообразия товара или по какой-либо другой причине, он может использовать ограничение определения индивидуальной демпинговой маржи исходя из приемлемого количества заинтересованных лиц либо определить демпинговую маржу в отношении выборки товара из каждой экспортирующей третьей страны, которая, по имеющейся в распоряжении органа, проводящего расследования, информации, является статистически репрезентативной и может быть исследована, не нарушая хода расследования.

      Отбор заинтересованных лиц в целях ограничения определения индивидуальной демпинговой маржи осуществляется органом, проводящим расследования, предпочтительно на основе консультаций с соответствующими иностранными экспортерами, производителями и импортерами товара, являющегося объектом расследования, и с их согласия.

      В случае если орган, проводящий расследования, использует ограничение в соответствии с настоящим пунктом, он также определяет индивидуальную демпинговую маржу в отношении каждого иностранного экспортера или иностранного производителя, которые первоначально не были выбраны, но представили необходимые сведения в установленный для их рассмотрения срок, за исключением случаев, когда количество иностранных экспортеров и (или) иностранных производителей настолько велико, что индивидуальное рассмотрение может привести к нарушению органом, проводящим расследования, срока проведения соответствующего расследования.

      Добровольно предоставленные ответы таких иностранных экспортеров и (или) иностранных производителей не должны отвергаться органом, проводящим расследования.

      50. В случае если орган, проводящий расследования, использует ограничение определения индивидуальной демпинговой маржи в соответствии с пунктом 49 настоящего Протокола, размер демпинговой маржи, рассчитанной в отношении иностранных экспортеров или иностранных производителей товара, являющегося предметом демпингового импорта, не должен превышать размера средневзвешенной демпинговой маржи, определенной в отношении выбранных для определения индивидуальной демпинговой маржи иностранных экспортеров или иностранных производителей товара, являющегося предметом демпингового импорта.

      51. Если экспортеры или производители товара, являющегося объектом расследования, не предоставляют в орган, проводящий расследования, запрашиваемую информацию в требуемом виде и в установленные сроки или информация, предоставленная ими, не может быть проверена либо не соответствует действительности, орган, проводящий расследования, может определить демпинговую маржу на основе другой имеющейся в его распоряжении информации.

      52. Кроме определения индивидуальной демпинговой маржи для каждого известного экспортера и (или) производителя товара, которые представили необходимые сведения, позволяющие определить индивидуальную демпинговую маржу, орган, проводящий расследования, может определить единую демпинговую маржу для всех других экспортеров и (или) производителей товара, являющегося объектом расследования, на основе наивысшей демпинговой маржи, определенной в ходе расследования.

3. Определение нормальной стоимости товара

      53. Нормальная стоимость товара определяется органом, проводящим расследования, на основе цен аналогичного товара при его продаже в период расследования на внутреннем рынке экспортирующей третьей страны при обычном ходе торговли покупателям, не являющимся связанными лицами с производителями и экспортерами, являющимися резидентами этой третьей страны, для использования на таможенной территории экспортирующей третьей страны.

      В целях определения нормальной стоимости могут учитываться цены аналогичного товара при его продаже на внутреннем рынке экспортирующей третьей страны покупателям, являющимся связанными лицами с производителями и экспортерами, являющимися резидентами этой третьей страны, в случае если будет установлено, что указанная связь не влияет на ценовую политику иностранного производителя и (или) экспортера.

      54. Объем продажи аналогичного товара при обычном ходе торговли на внутреннем рынке экспортирующей третьей страны рассматривается как достаточный для определения нормальной стоимости товара, если этот объем составляет не менее 5 процентов от общего объема экспорта товара на таможенную территорию Союза из экспортирующей третьей страны.

      Более низкий объем продажи аналогичного товара при обычном ходе торговли считается приемлемым для определения нормальной стоимости товара, если имеются доказательства того, что такой объем является достаточным для обеспечения надлежащего сопоставления экспортной цены товара с ценой аналогичного товара при обычном ходе торговли.

      55. При определении нормальной стоимости товара в соответствии с пунктом 53 настоящего Протокола ценой товара при его продажах покупателям на внутреннем рынке экспортирующей третьей страны является средневзвешенная цена, по которой аналогичный товар продавался покупателям в течение периода расследования, или цена товара по каждой отдельной его продаже покупателям в рамках этого периода.

      56. Продажа аналогичного товара на внутреннем рынке экспортирующей третьей страны или из экспортирующей третьей страны в иную третью страну по ценам ниже себестоимости производства единицы аналогичного товара с учетом административных, торговых и общих издержек может не учитываться при определении нормальной стоимости товара только в том случае, если орган, проводящий расследования, установит, что такая продажа осуществляется в период расследования в значительном объеме и по ценам, которые не обеспечивают возмещение всех издержек за этот период.

      57. В случае если цена аналогичного товара, которая в момент его продажи ниже себестоимости производства единицы аналогичного товара с учетом административных, торговых и общих издержек, превышает средневзвешенную себестоимость производства единицы товара с учетом административных, торговых и общих издержек в период расследования, такая цена рассматривается как обеспечивающая возмещение всех издержек в течение периода расследования.

      58. Продажа аналогичного товара по ценам ниже себестоимости производства единицы аналогичного товара с учетом административных, торговых и общих издержек считается осуществляемой в значительном объеме, в случае если средневзвешенная цена аналогичного товара по сделкам, учитываемым при определении нормальной стоимости товара, ниже средневзвешенной себестоимости производства единицы аналогичного товара с учетом административных, торговых и общих издержек или объем продажи по ценам ниже такой себестоимости составляет не менее 20 процентов от объема продажи по сделкам, учитываемым при определении нормальной стоимости товара.

      59. Себестоимость производства единицы аналогичного товара с учетом административных, торговых и общих издержек рассчитывается на основе данных, представленных экспортером или производителем товара, при условии, что такие данные соответствуют общепринятым принципам и правилам бухгалтерского учета и отчетности в экспортирующей третьей стране и полностью отражают издержки, связанные с производством и продажей товара.

      60. Орган, проводящий расследования, учитывает все имеющиеся в его распоряжении доказательства правильности распределения издержек производства, административных, торговых и общих издержек, включая данные, представленные экспортером или производителем товара, являющегося объектом расследования, при условии, что такое распределение издержек обычно практикуется этим экспортером или производителем товара, в частности в отношении установления соответствующего периода амортизации, отчислений на капиталовложения и покрытие других издержек на развитие производства.

      61. Издержки производства, административные, торговые и общие издержки корректируются с учетом разовых расходов, связанных с развитием производства, или обстоятельств, при которых на издержки в период расследования оказывают воздействие операции, осуществляемые в период организации производства. Такие корректировки должны отражать издержки на конец периода организации производства, а в случае если период организации производства превышает период расследования, – за наиболее поздний этап организации производства, приходящийся на период проведения расследования.

      62. Суммарные количественные показатели административных, торговых и общих издержек и прибыли, характерные для данной отрасли экономики, определяются на основе фактических данных о производстве и продаже аналогичного товара при обычном ходе торговли, представляемых экспортером или производителем товара, являющегося предметом демпингового импорта. Если такие суммарные количественные показатели невозможно определить указанным образом, они могут быть определены на основе:

      1) фактических сумм, полученных и израсходованных экспортером или производителем товара, являющегося объектом расследования, в связи с производством и продажей той же категории товара на внутреннем рынке экспортирующей третьей страны;

      2) средневзвешенных фактических сумм, полученных и израсходованных в связи с производством и продажей аналогичного товара на внутреннем рынке экспортирующей третьей страны другими экспортерами или производителями такого товара;

      3) иного метода при условии, что определенная таким образом сумма прибыли не превышает прибыль, обычно получаемую другими экспортерами или производителями той же категории товара при его продаже на внутреннем рынке экспортирующей третьей страны.

      63. В случае демпингового импорта из экспортирующей третьей страны, в которой цены на внутреннем рынке регулируются непосредственно государством или существует государственная монополия внешней торговли, нормальная стоимость товара может определяться на основе цены или рассчитанной стоимости аналогичного товара в подходящей третьей стране (сравнимой в целях расследования с указанной экспортирующей третьей страной) либо цены аналогичного товара при его поставках из такой третьей страны на экспорт.

      В случае если определение нормальной стоимости товара в соответствии с настоящим пунктом не представляется возможным, нормальная стоимость товара может определяться на основе цены, уплаченной или подлежащей уплате за аналогичный товар на таможенной территории Союза и скорректированной с учетом прибыли.

4. Определение экспортной цены товара

      64. Экспортная цена товара определяется на основании данных о его продаже в период расследования.

      65. При отсутствии данных об экспортной цене товара, являющегося предметом демпингового импорта, либо при возникновении у органа, проводящего расследования, обоснованных сомнений в достоверности сведений об экспортной цене этого товара вследствие того, что экспортер и импортер товара являются связанными лицами (в том числе в силу связи каждого из них с третьим лицом), либо при наличии ограничительной деловой практики в форме сговора в отношении экспортной цены такого товара его экспортная цена может быть рассчитана на основе цены, по которой импортированный товар впервые перепродается независимому покупателю, или иным методом, который может быть определен органом, проводящим расследования, если импортированный товар не перепродается независимому покупателю или не перепродается в таком виде, в каком он был импортирован на таможенную территорию Союза. При этом в целях сопоставления экспортной цены товара с его нормальной стоимостью учитываются также расходы (в том числе таможенные пошлины и налоги), уплаченные в период между импортом и перепродажей товара, а также прибыль.

5. Установление ущерба отрасли экономики государств-членов
вследствие демпингового импорта

      66. Для целей настоящего раздела под ущербом отрасли экономики государств-членов понимается материальный ущерб отрасли экономики государств-членов, угроза его причинения или существенное замедление создания отрасли экономики государств-членов.

      67. Ущерб отрасли экономики государств-членов вследствие демпингового импорта устанавливается на основе результатов анализа объема демпингового импорта и влияния демпингового импорта на цены аналогичного товара на рынке государств-членов, а также обусловленного этим влияния демпингового импорта на производителей аналогичного товара в государствах-членах.

      Сноска. Пункт 67 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      68. Период расследования, за который анализируются сведения в целях определения наличия ущерба отрасли экономики государств-членов вследствие демпингового импорта, устанавливается органом, проводящим расследования.

      69. При анализе объема демпингового импорта орган, проводящий расследования, определяет, произошло ли существенное увеличение демпингового импорта товара, являющегося объектом расследования (в абсолютных показателях либо относительно производства или потребления аналогичного товара в государствах-членах).

      70. При анализе воздействия демпингового импорта на цены аналогичного товара на рынке государств-членов орган, проводящий расследования, устанавливает:

      1) были ли цены товара, являющегося предметом демпингового импорта, значительно ниже цен аналогичного товара на рынке государств-членов;

      2) привел ли демпинговый импорт к значительному снижению цен аналогичного товара на рынке государств-членов;

      3) препятствовал ли значительно демпинговый импорт росту цен аналогичного товара на рынке государств-членов, который имел бы место в случае отсутствия такого импорта.

      71. В случае если предметом расследований, проводимых одновременно, является импорт товара на таможенную территорию Союза из более чем одной экспортирующей третьей страны, орган, проводящий расследования, может оценивать совокупное воздействие такого импорта только в том случае, если установит следующее:

      1) демпинговая маржа, определенная в отношении импорта товара, являющегося объектом расследования, из каждой экспортирующей третьей страны, превышает минимально допустимую демпинговую маржу, а объем импорта этого товара из каждой экспортирующей третьей страны не является незначительным с учетом положений пункта 223 настоящего Протокола;

      2) оценка совокупного воздействия импорта товара является возможной с учетом условий конкуренции между импортными товарами и условий конкуренции между импортным товаром и аналогичным товаром, произведенным в государствах-членах.

      72. Анализ воздействия демпингового импорта на отрасль экономики государств-членов заключается в оценке всех экономических факторов и показателей, имеющих отношение к состоянию отрасли экономики государств-членов, включая:

      произошедшее или возможное в будущем сокращение продажи товара, прибыли, производства, доли товара на рынке государств- членов, производительности, доходов от инвестиций или использования производственных мощностей;

      факторы, влияющие на цены товара на рынке государств-членов;

      размер демпинговой маржи;

      произошедшее или возможное в будущем негативное влияние на движение денежных потоков, запасы товара, уровень занятости, заработную плату, темпы роста производства товара, возможность привлечения капитала и (или) осуществления инвестиций.

      Указанный перечень факторов и показателей не является исчерпывающим. При этом ни один, ни несколько факторов не могут иметь решающее значение для установления ущерба отрасли экономики государств-членов вследствие демпингового импорта.

      Для целей повторных расследований в связи с истечением срока действия антидемпинговой меры анализируется в том числе степень восстановления экономического положения отрасли экономики государств-членов после воздействия на нее ранее имевшего место демпингового импорта.

      Сноска. Пункт 72 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      73. Вывод о наличии причинно-следственной связи между демпинговым импортом и ущербом отрасли экономики государств-членов должен основываться на анализе всех доказательств и сведений, относящихся к делу и имеющихся в распоряжении органа, проводящего расследования.

      74. Орган, проводящий расследования, помимо демпингового импорта анализирует также другие известные факторы, вследствие которых в тот же период причиняется ущерб отрасли экономики государств-членов.

      Факторы, которые могут рассматриваться как относящиеся к делу, включают, в частности, объем и цены импортируемого товара, не проданного по демпинговым ценам, сокращение спроса или изменения в структуре потребления, ограничительную торговую практику иностранных производителей и производителей государств-членов и конкуренцию между такими производителями, технологические достижения, а также экспортные показатели и производительность отрасли экономики государств-членов.

      Ущерб, причиненный вследствие этих факторов отрасли экономики государств-членов, не должен быть отнесен к ущербу отрасли экономики государств-членов вследствие демпингового импорта на таможенную территорию Союза.

      Сноска. Пункт 74 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      75. Воздействие демпингового импорта на отрасль экономики государств-членов оценивается применительно к производству аналогичного товара в государствах-членах, если имеющиеся данные позволяют выделить производство аналогичного товара на основе таких критериев, как производственный процесс, продажа аналогичного товара его производителями и прибыль.

      В случае если имеющиеся данные не позволяют выделить производство аналогичного товара, воздействие демпингового импорта на отрасль экономики государств-членов оценивается применительно к производству наиболее узкой группы или номенклатуры товаров, которые включают в себя аналогичный товар и о которых имеются необходимые данные.

      76. При установлении угрозы причинения материального ущерба отрасли экономики государств-членов вследствие демпингового импорта орган, проводящий расследования, учитывает все имеющиеся факторы, в том числе следующие:

      значительные темпы роста демпингового импорта, свидетельствующие о реальной возможности существенного увеличения такого импорта;

      наличие у экспортера товара, являющегося предметом демпингового импорта, достаточных экспортных возможностей или очевидная неотвратимость их существенного увеличения, которые свидетельствуют о реальной возможности существенного увеличения демпингового импорта данного товара, с учетом способности других экспортных рынков принять любой дополнительный экспорт данного товара;

      уровень цен товара, являющегося предметом демпингового импорта, если такой уровень цен может привести к значительному снижению или сдерживанию цены аналогичного товара на рынке государств-членов и дальнейшему росту спроса на товар, являющийся объектом расследования;

      запасы товара, являющегося объектом расследования.

      При этом ни один из этих факторов не может иметь решающее и значение для установления угрозы причинения материального ущерба отрасли экономики государств-членов вследствие демпингового импорта.

      Сноска. Пункт 76 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      77. Решение о наличии угрозы причинения материального ущерба отрасли экономики государств-членов принимается в случае, если в ходе расследования по результатам анализа факторов, указанных в пункте 76 настоящего Протокола, орган, проводящий расследования, пришел к заключению о неотвратимости продолжения демпингового импорта и причинения таким импортом материального ущерба отрасли экономики государств-членов в случае непринятия антидемпинговой меры.

6. Введение предварительной антидемпинговой пошлины

      78. В случае если информация, полученная органом, проводящим расследования, до завершения расследования, свидетельствует о наличии демпингового импорта и обусловленного этим ущерба отрасли экономики государств-членов, Комиссией на основании доклада, указанного в пункте 7 настоящего Протокола, принимается решение о применении антидемпинговой меры посредством введения предварительной антидемпинговой пошлины в целях предотвращения ущерба отрасли экономики государств-членов, причиняемого демпинговым импортом в период проведения расследования.

      79. Предварительная антидемпинговая пошлина не может быть введена ранее чем через 60 календарных дней с даты начала расследования.

      80. Ставка предварительной антидемпинговой пошлины должна быть достаточной для устранения ущерба отрасли экономики государств-членов, но не выше размера предварительно рассчитанной демпинговой маржи.

      81. В случае если ставка предварительной антидемпинговой пошлины равна размеру предварительно рассчитанной демпинговой маржи, срок действия предварительной антидемпинговой пошлины не должен превышать 4 месяца, за исключением случая, если этот срок продлевается до 6 месяцев на основании просьбы экспортеров, доля которых в объеме демпингового импорта товара, являющегося объектом расследования, составляет большую часть.

      82. В случае если ставка предварительной антидемпинговой пошлины меньше предварительно рассчитанной демпинговой маржи, срок действия предварительной антидемпинговой пошлины не должен превышать 6 месяцев, за исключением случая, если этот срок продлевается до 9 месяцев на основании просьбы экспортеров, доля которых в объеме демпингового импорта товара, являющегося объектом расследования, составляет большую часть.

      83. В случае если по результатам расследования органом, проводящим расследования, установлено, что отсутствуют основания для введения антидемпинговой меры, либо принято решение о неприменении антидемпинговой меры в соответствии с пунктом 272 настоящего Протокола, суммы предварительной антидемпинговой пошлины подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      Орган, проводящий расследования, своевременно информирует таможенные органы государств-членов об отсутствии оснований для введения антидемпинговой меры либо о принятии Комиссией решения о неприменении антидемпинговой меры.

      84. В случае если по результатам расследования принято решение о применении антидемпинговой меры на основании наличия угрозы причинения материального ущерба отрасли экономики государств-членов или существенного замедления создания отрасли экономики государств-членов, суммы предварительной антидемпинговой пошлины подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      85. В случае если по результатам расследования принято решение о применении антидемпинговой меры на основании наличия материального ущерба отрасли экономики государств-членов или угрозы его причинения (при условии, что невведение предварительной антидемпинговой пошлины привело бы к определению наличия материального ущерба отрасли экономики государств-членов), суммы предварительной антидемпинговой пошлины с даты вступления в силу решения о применении антидемпинговой меры подлежат зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу, с учетом положений пунктов 86 и 87 настоящего Протокола.

      86. В случае если по результатам расследования признано целесообразным введение более низкой ставки антидемпинговой пошлины, чем ставка предварительной антидемпинговой пошлины, суммы предварительной антидемпинговой пошлины, соответствующие сумме антидемпинговой пошлины, исчисленной по установленной ставке антидемпинговой пошлины, подлежат зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу.

      Суммы предварительной антидемпинговой пошлины, превышающие сумму антидемпинговой пошлины, исчисленной по установленной ставке антидемпинговой пошлины, подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      87. В случае если по результатам расследования признано целесообразным введение более высокой ставки антидемпинговой пошлины, чем ставка предварительной антидемпинговой пошлины, разница между суммами антидемпинговой пошлины и предварительной антидемпинговой пошлины не взимается.

      88. Предварительная антидемпинговая пошлина применяется при условии одновременного продолжения расследования.

      89. Решение о введении предварительной антидемпинговой пошлины принимается, как правило, не позднее 7 месяцев с даты начала расследования.

7. Принятие экспортером товара, являющегося
объектом расследования, ценовых обязательств

      90. Расследование может быть приостановлено или прекращено органом, проводящим расследования, без введения предварительной антидемпинговой пошлины или антидемпинговой пошлины при получении им от экспортера товара, являющегося объектом расследования, ценовых обязательств в письменной форме о пересмотре цен этого товара или о прекращении его экспорта на таможенную территорию Союза по ценам ниже его нормальной стоимости (при наличии связанных с экспортером лиц в государствах-членах необходимы также заявления этих лиц о поддержке этих обязательств), если орган, проводящий расследования, придет к заключению, что принятие указанных обязательств устранит ущерб, причиненный демпинговым импортом, и Комиссия примет решение об их одобрении.

      Уровень цен товара согласно этим обязательствам должен быть не выше, чем это необходимо для устранения демпинговой маржи.

      Повышение цены товара может быть меньше демпинговой маржи, если такое повышение является достаточным для устранения ущерба отрасли экономики государств-членов.

      91. Решение об одобрении ценовых обязательств не принимается Комиссией до тех пор, пока орган, проводящий расследования, не придет к предварительному заключению о наличии демпингового импорта и обусловленного этим ущерба отрасли экономики государств-членов.

      92. Решение об одобрении ценовых обязательств не принимается Комиссией, если орган, проводящий расследования, приходит к заключению о неприемлемости их одобрения в связи с большим числом реальных или потенциальных экспортеров товара, являющегося объектом расследования, или по иным причинам.

      Орган, проводящий расследования, по возможности сообщает экспортерам причины, по которым одобрение их ценовых обязательств было сочтено неприемлемым, и предоставляет им возможность дать в связи с этим комментарии.

      93. Орган, проводящий расследования, направляет каждому экспортеру, принявшему ценовые обязательства, запрос о предоставлении их неконфиденциальной версии, чтобы иметь возможность предоставить ее заинтересованным лицам.

      94. Орган, проводящий расследования, может предложить экспортерам принять ценовые обязательства, но не может требовать их принятия.

      95. В случае принятия Комиссией решения об одобрении ценовых обязательств антидемпинговое расследование может быть продолжено по просьбе экспортера товара или по решению органа, проводящего расследования.

      Если по результатам расследования орган, проводящий расследования, приходит к заключению об отсутствии демпингового импорта или обусловленного им ущерба отрасли экономики государств-членов, экспортер, принявший ценовые обязательства, автоматически освобождается от таких обязательств, за исключением случая, когда указанное заключение в значительной степени является результатом существования таких обязательств. В случае если сделанное заключение в значительной степени является результатом существования ценовых обязательств, Комиссией может быть принято решение о том, что такие обязательства должны оставаться в силе в течение необходимого периода времени.

      96. В случае если по результатам расследования орган, проводящий расследования, приходит к заключению о наличии демпингового импорта и обусловленного им ущерба отрасли экономики государств-членов, принятые экспортером ценовые обязательства продолжают действовать в соответствии с их условиями и положениями настоящего Протокола.

      97. Орган, проводящий расследования, вправе запросить у экспортера, ценовые обязательства которого были одобрены Комиссией, сведения, касающиеся их выполнения, а также согласие на проверку этих сведений.

      Непредставление запрашиваемых сведений в срок, установленный органом, проводящим расследования, а также несогласие на проверку этих сведений считается нарушением экспортером принятых ценовых обязательств.

      98. В случае нарушения или отзыва экспортером ценовых обязательств Комиссия может принять решение о применении антидемпинговой меры посредством введения предварительной антидемпинговой пошлины (если расследование еще не завершено) или антидемпинговой пошлины (если окончательные результаты расследования свидетельствуют о наличии оснований для ее введения).

      Экспортеру в случае нарушения им принятых ценовых обязательств предоставляется возможность дать комментарии в связи с таким нарушением.

      99. В решении Комиссии об одобрении ценовых обязательств должна быть определена ставка предварительной антидемпинговой пошлины или антидемпинговой пошлины, которые могут быть введены в соответствии с пунктом 98 настоящего Протокола.

      В решении Комиссии об одобрении ценовых обязательств могут быть определены документ, необходимый для целей подтверждения сведений об экспортере или производителе, и требования к заполнению такого документа.

      Сноска. Пункт 99 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

8. Введение и применение антидемпинговой пошлины

      100. Антидемпинговая пошлина применяется в отношении товара, который поставляется всеми экспортерами и является предметом демпингового импорта, причиняющего ущерб отрасли экономики государств-членов (за исключением товара, поставляемого теми экспортерами, ценовые обязательства которых были одобрены Комиссией в соответствии с пунктами 90 – 99 настоящего Протокола).

      101. Размер антидемпинговой пошлины должен быть достаточным для устранения ущерба отрасли экономики государств-членов, но не выше размера рассчитанной демпинговой маржи.

      Комиссия может принять решение о введении антидемпинговой пошлины в размере меньшем, чем размер рассчитанной демпинговой маржи, если такой размер является достаточным для устранения ущерба отрасли экономики государств-членов.

      102. Комиссия устанавливает индивидуальный размер ставки антидемпинговой пошлины в отношении товара, поставляемого каждым экспортером или производителем товара, являющегося предметом демпингового импорта, для которых была рассчитана индивидуальная демпинговая маржа.

      При установлении индивидуального размера такой ставки антидемпинговой пошлины Комиссия вправе определить документ, необходимый для целей подтверждения сведений об экспортере или производителе, для которого установлен индивидуальный размер ставки антидемпинговой пошлины, и требования к заполнению такого документа.

      Сноска. Пункт 102 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      103. Кроме индивидуального размера ставки антидемпинговой пошлины, указанной в пункте 102 настоящего Протокола, Комиссия устанавливает единую ставку антидемпинговой пошлины на товар, поставляемый всеми другими экспортерами или производителями товара из экспортирующей третьей страны, для которых не была рассчитана индивидуальная демпинговая маржа, на основе наивысшей демпинговой маржи, рассчитанной в ходе расследования.

      104. Антидемпинговая пошлина может быть применена в отношении товаров, помещенных под таможенные процедуры, условием помещения под которые является уплата антидемпинговых пошлин, не ранее чем за 90 календарных дней до даты введения предварительной антидемпинговой пошлины, если по результатам расследования органом, проводящим расследования, в отношении этого товара одновременно установлено следующее:

      1) ранее имел место демпинговый импорт, который наносил ущерб, или импортер знал или должен был знать, что экспортер поставляет товар по цене ниже его нормальной стоимости и что такой импорт товара может нанести ущерб отрасли экономики государств-членов;

      2) ущерб отрасли экономики государств-членов нанесен существенно возросшим демпинговым импортом в течение относительно короткого периода времени, который с учетом продолжительности и объемов, а также других обстоятельств (в том числе быстрого роста складских запасов импортируемого товара) может значительно уменьшить восстановительный эффект от введения антидемпинговой пошлины при условии, что импортерам данного товара до завершения расследования предоставлена возможность дать комментарии.

      105. Орган, проводящий расследования, после даты начала расследования публикует на официальном сайте Союза в сети Интернет уведомление, содержащее предупреждение о возможном применении в соответствии с пунктом 104 настоящего Протокола антидемпинговой пошлины в отношении товара, являющегося объектом расследования.

      Решение о публикации такого уведомления принимается органом, проводящим расследования, по запросу отрасли экономики государств-членов, содержащему достаточные доказательства выполнения условий, указанных в пункте 104 настоящего Протокола, или по собственной инициативе при наличии в распоряжении органа, проводящего расследования, таких доказательств.

      Антидемпинговая пошлина не может применяться в отношении товаров, помещенных под таможенные процедуры, условием помещения под которые является уплата антидемпинговых пошлин, до даты официального опубликования уведомления, указанного в настоящем пункте.

      Сноска. Пункт 105 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      106. Законодательством государств-членов могут быть установлены дополнительные способы уведомления заинтересованных лиц о возможном применении антидемпинговой пошлины в соответствии с пунктом 104 настоящего Протокола.

9. Срок действия и пересмотр антидемпинговой меры

      107. Антидемпинговая мера применяется по решению Комиссии в размере и в течение срока, которые необходимы для устранения ущерба отрасли экономики государств-членов вследствие демпингового импорта.

      108. Срок действия антидемпинговой меры не должен превышать 5 лет с даты начала применения такой меры или с даты завершения повторного расследования, которое проводилось в связи с изменившимися обстоятельствами и одновременно касалось анализа демпингового импорта и вызванного им ущерба отрасли экономики государств-членов или которое проводилось в связи с истечением срока действия антидемпинговой меры.

      109. Повторное расследование в связи с истечением срока действия антидемпинговой меры проводится на основании заявления в письменной форме, поданного в соответствии с пунктами 186 – 198 настоящего Протокола, либо по собственной инициативе органа, проводящего расследования.

      Повторное расследование в связи с истечением срока действия антидемпинговой меры проводится при наличии в заявлении сведений о возможности возобновления либо продолжения демпингового импорта и причинения ущерба отрасли экономики государств-членов при прекращении действия антидемпинговой меры.

      Заявление о проведении повторного расследования в связи с истечением срока действия антидемпинговой меры подается не позднее чем за 6 месяцев до истечения срока действия антидемпинговой меры.

      Повторное расследование должно быть начато до истечения срока действия антидемпинговой меры и завершено в течение 12 месяцев с даты его начала.

      До завершения повторного расследования, проводимого в соответствии с настоящим пунктом, применение антидемпинговой меры продлевается по решению Комиссии. В течение срока, на который продлевается применение соответствующей антидемпинговой меры, в порядке, установленном для взимания предварительных антидемпинговых пошлин, уплачиваются антидемпинговые пошлины по ставкам антидемпинговых пошлин, которые были установлены в связи с применением антидемпинговой меры, срок действия которой продлевается в связи с проведением повторного расследования.

      В случае если по результатам повторного расследования в связи с истечением срока действия антидемпинговой меры органом, проводящим расследования, установлено, что основания для применения антидемпинговой меры отсутствуют, либо принято решение о неприменении антидемпинговой меры в соответствии с пунктом 272 настоящего Протокола, суммы антидемпинговой пошлины, взимаемой в порядке, установленном для взимания предварительных антидемпинговых пошлин, в течение срока, на который было продлено применение антидемпинговой меры, подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      Орган, проводящий расследования, своевременно информирует таможенные органы государств-членов об отсутствии оснований для применения антидемпинговой меры либо о принятии Комиссией решения о неприменении антидемпинговой меры.

      Действие антидемпинговой меры продлевается Комиссией в случае, если по результатам повторного расследования в связи с истечением срока действия антидемпинговой меры органом, проводящим расследования, будет установлена возможность возобновления либо продолжения демпингового импорта и причинения ущерба отрасли экономики государств-членов. С даты вступления в силу решения Комиссии о продлении антидемпинговой меры суммы антидемпинговых пошлин, взимаемых в порядке, установленном для взимания предварительных антидемпинговых пошлин, в течение срока, на который было продлено применение антидемпинговой меры, подлежат зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу.

      110. По заявлению заинтересованного лица, в случае если после введения антидемпинговой меры прошло не менее 1 года, или по инициативе органа, проводящего расследования, может быть проведено повторное расследование в целях определения целесообразности продолжения применения антидемпинговой меры и (или) ее пересмотра (в том числе пересмотра индивидуального размера ставки антидемпинговой пошлины) в связи с изменившимися обстоятельствами.

      В зависимости от целей подачи заявления о проведении повторного расследования такое заявление должно содержать доказательства того, что в связи с изменившимися обстоятельствами:

      продолжение применения антидемпинговой меры не требуется для противодействия демпинговому импорту и устранения ущерба отрасли экономики государств-членов вследствие демпингового импорта;

      существующий размер антидемпинговой меры превышает размер, достаточный для противодействия демпинговому импорту и устранения ущерба отрасли экономики государств-членов вследствие демпингового импорта;

      существующая антидемпинговая мера недостаточна для противодействия демпинговому импорту и устранения ущерба отрасли экономики государств-членов вследствие демпингового импорта.

      Повторное расследование, проводимое в соответствии с настоящим пунктом, должно быть завершено в течение 12 месяцев с даты его начала.

      111. Повторное расследование может также проводиться в целях установления индивидуальной демпинговой маржи для экспортера или производителя, которые не осуществляли в период расследования поставки товара, являвшегося предметом демпингового импорта. Такое повторное расследование может быть начато органом, проводящим расследования, в случае подачи указанным экспортером или производителем заявления о его проведении, содержащего доказательства того, что экспортер или производитель товара не связан с экспортерами и производителями, в отношении которых применяется антидемпинговая мера, и что этот экспортер или производитель осуществляет поставки на таможенную территорию Союза товара, являющегося объектом расследования, или связан договорными обязательствами о поставке существенных объемов такого товара на таможенную территорию Союза, прекращение или отзыв которых приведет к значительным убыткам или к существенным штрафным санкциям для этого экспортера или производителя товара.

      В период проведения повторного расследования в целях установления индивидуальной демпинговой маржи для экспортера или производителя в отношении поставок на таможенную территорию Союза товара, являющегося объектом расследования, этим экспортером или производителем антидемпинговая пошлина не уплачивается до принятия решения по результатам указанного повторного расследования. При этом в отношении такого товара, ввозимого (ввезенного) на таможенную территорию Союза в период проведения повторного расследования, предоставляется обеспечение уплаты антидемпинговой пошлины в порядке, предусмотренном Таможенным кодексом Евразийского экономического союза, для обеспечения уплаты ввозных таможенных пошлин, с учетом особенностей, установленных настоящим пунктом.

      Орган, проводящий расследования, своевременно информирует таможенные органы государств-членов о дате начала повторного расследования.

      Обеспечение уплаты антидемпинговой пошлины предоставляется денежными средствами (деньгами) в размере суммы антидемпинговой пошлины, исчисленной по единой ставке антидемпинговой пошлины, установленной в соответствии с пунктом 103 настоящего Протокола.

      В случае если по результатам повторного расследования принято решение о применении антидемпинговой меры, за период проведения такого повторного расследования антидемпинговая пошлина подлежит уплате. Сумма обеспечения с даты вступления в силу решения о применении антидемпинговой меры, принятого по результатам повторного расследования, подлежит зачету в счет уплаты антидемпинговой пошлины в размере, определенном исходя из установленной ставки антидемпинговой пошлины, и зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу, с учетом положений настоящего пункта.

      В случае если по результатам повторного расследования признано целесообразным введение более высокой ставки антидемпинговой пошлины, чем ставка, исходя из которой определялся размер обеспечения уплаты антидемпинговой пошлины, разница между суммами антидемпинговой пошлины, исчисленными по ставке, установленной по результатам повторного расследования, и единой ставке антидемпинговой пошлины, не взимается.

      Сумма обеспечения, превышающая сумму антидемпинговой пошлины, исчисленной по установленной ставке антидемпинговой пошлины, подлежит возврату в порядке, предусмотренном Таможенным кодексом Евразийского экономического союза.

      Повторное расследование, предусмотренное настоящим пунктом, проводится в возможно короткий срок, который не может превышать 12 месяцев.

      112. Положения раздела VI настоящего Протокола, касающиеся представления доказательств и проведения антидемпингового расследования, применяются в отношении повторных расследований, предусмотренных пунктами 107 – 113 настоящего Протокола, с учетом соответствующих различий.

      113. Положения пунктов 107 – 112 настоящего Протокола применяются в отношении обязательств, принятых экспортером в соответствии с пунктами 90 – 99 настоящего Протокола, с учетом соответствующих различий.

10. Установление обхода антидемпинговой меры

      114. Для целей настоящего раздела под обходом антидемпинговой меры понимается изменение способа поставок товара для уклонения от уплаты антидемпинговой пошлины либо от выполнения принятых экспортером ценовых обязательств.

      115. Повторное расследование в целях установления обхода антидемпинговой меры может быть начато по заявлению заинтересованного лица или по собственной инициативе органа, проводящего расследования.

      116. Заявление, указанное в пункте 115 настоящего Протокола, должно содержать доказательства:

      1) обхода антидемпинговой меры;

      2) нейтрализации действия антидемпинговой меры вследствие ее обхода и влияния этого фактора на объемы производства и (или) продажи и (или) на цены аналогичного товара на рынке государств-членов;

      3) наличия в результате обхода антидемпинговой меры демпингового импорта товара (составных частей и (или) производных такого товара). При этом за нормальную стоимость товара, его составных частей или производных принимается их нормальная стоимость, определенная в ходе расследования, по результатам которого Комиссией была введена антидемпинговая мера, с учетом соответствующих корректировок в целях сопоставления.

      117. Повторное расследование в целях установления обхода антидемпинговой меры должно быть завершено в течение 9 месяцев с даты его начала.

      118. На период повторного расследования, проводимого в соответствии с пунктами 115 – 120 настоящего Протокола, Комиссией может быть введена взимаемая в порядке, установленном для взимания предварительных антидемпинговых пошлин, антидемпинговая пошлина на импортируемые на таможенную территорию Союза из экспортирующей третьей страны составные части и (или) производные товара, являвшегося предметом демпингового импорта, а также на товар, являвшийся предметом демпингового импорта, и (или) его составные части и (или) производные, импортируемые на таможенную территорию Союза из иной экспортирующей третьей страны.

      119. В случае если по результатам повторного расследования, проведенного в соответствии с пунктами 115 – 120 настоящего Протокола, органом, проводящим расследования, не установлен обход антидемпинговой меры, суммы антидемпинговой пошлины, уплаченные в соответствии с пунктом 118 настоящего Протокола и в порядке, установленном для взимания предварительных антидемпинговых пошлин, подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      Орган, проводящий расследования, своевременно информирует таможенные органы государств-членов о том, что обход антидемпинговой меры не установлен.

      120. Антидемпинговая мера в случае установления по результатам повторного расследования, проведенного в соответствии с пунктами 115 – 120 настоящего Протокола, обхода антидемпинговой меры может быть распространена Комиссией на импортируемые на таможенную территорию Союза из экспортирующей третьей страны составные части и (или) производные товара, являвшегося предметом демпингового импорта, а также на товар, являвшийся предметом демпингового импорта, и (или) его составные части и (или) производные, импортируемые на таможенную территорию Союза из иной экспортирующей третьей страны. С даты вступления в силу решения Комиссии о введении указанной в настоящем пункте антидемпинговой меры суммы антидемпинговых пошлин, уплаченных в порядке, установленном для взимания предварительных антидемпинговых пошлин, подлежат зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу.

11. Установление поглощения антидемпинговой пошлины

      Сноска. раздел IV дополнен подразделом 11 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

      1201. В случае если после введения антидемпинговой меры или изменения размера антидемпинговой пошлины по результатам повторного расследования, предусмотренного пунктом 110 настоящего Протокола, прошло не более 2 лет, заинтересованное лицо вправе подать заявление, содержащее доказательства того, что после введения антидемпинговой меры или изменения размера антидемпинговой пошлины по результатам повторного расследования, предусмотренного пунктом 110 настоящего Протокола, зафиксировано снижение экспортных цен или снижение, отсутствие изменения или недостаточное повышение цен реализации импортированного товара на рынке Союза. На основании данного заявления может быть начато повторное расследование в целях установления поглощения антидемпинговой пошлины.

      1202. Повторное расследование в целях установления поглощения антидемпинговой пошлины должно быть завершено в течение 9 месяцев с даты его начала.

      1203. Сведения о динамике указанных в пункте 1201 настоящего Протокола экспортных цен или цен реализации импортированного товара на рынке Союза должны быть представлены в заявлении в соответствии с пунктом 1201 настоящего Протокола за период, составляющий не менее 6 месяцев, непосредственно предшествующих дате подачи заявления.

      1204. Для установления поглощения антидемпинговой пошлины осуществляется сравнение экспортных цен в период, рассматриваемый в ходе повторного расследования в целях установления поглощения антидемпинговой пошлины, с экспортными ценами в период, который использовался для целей определения размера действующей антидемпинговой пошлины. При данном сравнении в случае необходимости осуществляется корректировка сравниваемых экспортных цен с учетом различия условий и характеристик поставок, налогообложения, стадий торговых операций, количественных показателей, физических характеристик, а также любых других различий, оказывающих влияние на сопоставимость таких цен. Экспортная цена в период, рассматриваемый в ходе повторного расследования в целях установления поглощения антидемпинговой пошлины, определяется в соответствии с пунктами 64 и 65 настоящего Протокола.

      1205. Заинтересованные лица вправе предоставить в сроки, установленные в уведомлении о начале повторного расследования в целях установления поглощения антидемпинговой пошлины, обоснования снижения экспортных цен или снижения, отсутствия изменения или недостаточного повышения цен реализации импортированного товара на рынке Союза, в том числе доказательства необходимости изменения нормальной стоимости. Обоснования и доказательства, предоставленные заинтересованными лицами по истечении указанного срока, могут не приниматься во внимание органом, проводящим расследования.

      1206. В случае установления поглощения антидемпинговой пошлины демпинговая маржа пересчитывается с учетом экспортной цены в период, рассматриваемый в ходе повторного расследования в целях установления поглощения. При этом за нормальную стоимость товара принимается нормальная стоимость, определенная в ходе антидемпингового расследования (в том числе повторного расследования, предусмотренного пунктом 110 настоящего Протокола), на основании которой была рассчитана антидемпинговая пошлина, действующая на дату начала повторного расследования в целях установления поглощения антидемпинговой пошлины. Нормальная стоимость может быть изменена в случае предоставления в соответствии с пунктом 1205 настоящего Протокола доказательств необходимости ее изменения.

      1207. В случае если пересчитанная демпинговая маржа превышает размер демпинговой маржи, на основании которой была установлена действующая антидемпинговая пошлина, Комиссия вправе увеличить действующую антидемпинговую пошлину на величину, необходимую для устранения данной разницы.

      1208. В случае если пересчитанная демпинговая маржа не превышает размера демпинговой маржи, на основании которой была установлена действующая антидемпинговая пошлина, антидемпинговая мера продолжает действие без изменений.

V. Компенсационные меры

      121. Под субсидией в настоящем Протоколе понимается:

      1) финансовое содействие, осуществляемое субсидирующим органом, дающее получателю субсидии дополнительные преимущества и оказываемое в пределах территории экспортирующей третьей страны, в том числе в форме:

      прямого перевода денежных средств (в том числе в виде дотации, займа и покупки акций) или обязательства по переводу таких средств (в том числе в виде гарантии по займам);

      списания средств либо полного или частичного отказа от взимания средств, которые должны были бы поступить в доход экспортирующей третьей страны (в том числе путем предоставления налоговых кредитов), за исключением случаев освобождения экспортируемого товара от налогов или пошлин, взимаемых с аналогичного товара, предназначенного для внутреннего потребления, либо за исключением уменьшения или возврата таких налогов или пошлин в размерах, не превышающих фактически уплаченных сумм;

      льготного или безвозмездного предоставления товаров либо услуг, за исключением товаров либо услуг, предназначенных для поддержания и развития общей инфраструктуры, то есть инфраструктуры, не связанной с конкретным производителем и (или) экспортером;

      льготного приобретения товаров;

      2) любая форма поддержки доходов или цен, дающая получателю субсидии дополнительные преимущества, прямым или косвенным результатом которых является увеличение экспорта товара из экспортирующей третьей страны или сокращение импорта аналогичного товара в эту третью страну.

1. Принципы отнесения субсидии
экспортирующей третьей страны к специфической

      122. Субсидия экспортирующей третьей страны является специфической, если субсидирующим органом или законодательством экспортирующей третьей страны к пользованию субсидией допускаются только отдельные организации.

      123. В настоящем разделе под отдельными организациями понимаются конкретный производитель и (или) экспортер, либо конкретная отрасль экономики экспортирующей третьей страны, либо группа (союз, объединение) производителей и (или) экспортеров либо отраслей экономики экспортирующей третьей страны.

      124. Субсидия является специфической, если число отдельных организаций, которые допущены к пользованию этой субсидией, ограничено организациями, расположенными в определенном географическом регионе, находящемся под юрисдикцией субсидирующего органа.

      125. Субсидия не является специфической, если законодательством экспортирующей третьей страны или субсидирующим органом устанавливаются общие объективные критерии либо условия, которые определяют безусловное право на получение субсидии и ее размер (в том числе в зависимости от числа работников, занятых в производстве продукции, или от объема выпуска продукции) и строго соблюдаются.

      126. В любом случае субсидия экспортирующей третьей страны является специфической субсидией, если предоставление такой субсидии сопровождается:

      1) ограничением числа отдельных организаций, которые допущены к пользованию субсидией;

      2) преимущественным пользованием субсидией отдельными организациями;

      3) предоставлением непропорционально больших сумм субсидии отдельным организациям;

      4) выбором субсидирующим органом льготного (преференциального) способа предоставления субсидии отдельным организациям.

      127. Любая субсидия экспортирующей третьей страны является специфической субсидией, если:

      1) субсидия в соответствии с законодательством экспортирующей третьей страны либо фактически в качестве единственного условия или одного из нескольких условий связана с экспортом товара. Субсидия считается фактически связанной с экспортом товара, если ее предоставление, не связанное в соответствии с законодательством экспортирующей третьей страны с экспортом товара, на практике связано с происшедшим или возможным в будущем экспортом товара либо с экспортной выручкой. Сам по себе факт предоставления субсидии экспортирующим предприятиям не означает предоставление субсидии, связанной с экспортом товара в понимании настоящего пункта;

      2) субсидия связана в соответствии с законодательством экспортирующей третьей страны либо фактически в качестве единственного условия или одного из нескольких условий с использованием товаров, произведенных в экспортирующей третьей стране, вместо импортных товаров.

      128. Решение органа, проводящего расследования, об отнесении субсидии экспортирующей третьей страны к специфической должно основываться на доказательствах.

2. Принципы определения размера
специфической субсидии

      129. Размер специфической субсидии определяется на основе размера выгоды, извлекаемой получателем такой субсидии.

      130. Размер выгоды, извлекаемой получателем специфической субсидии, определяется на основе следующих принципов:

      1) участие субсидирующего органа в капитале организации не рассматривается как предоставление выгоды, если такое участие не может быть расценено как не отвечающее обычной инвестиционной практике (включая предоставление рискового капитала) на территории экспортирующей третьей страны;

      2) кредит, предоставленный субсидирующим органом, не рассматривается как предоставление выгоды, если отсутствует разница между суммой, которую организация – получатель кредита уплачивает за государственный кредит, и суммой, которую она уплатила бы за сопоставимый коммерческий кредит, который данная организация может получить на кредитном рынке экспортирующей третьей страны. В противном случае выгодой считается разница между этими суммами;

      3) гарантирование кредита субсидирующим органом не рассматривается как предоставление выгоды, если отсутствует разница между суммой, которую организация – получатель гарантии уплачивает за кредит, гарантированный субсидирующим органом, и суммой, которую она уплатила бы за сопоставимый коммерческий кредит без государственной гарантии. В противном случае выгодой считается разница между этими суммами с поправкой на разницу в комиссионных;

      4) поставка субсидирующим органом товаров или услуг либо закупка товаров не рассматривается как предоставление выгоды, если только товары или услуги не поставляются за менее чем адекватное вознаграждение либо закупки не осуществляются за более чем адекватное вознаграждение. Адекватность вознаграждения определяется исходя из существующих рыночных условий покупки и продажи этих товаров и услуг на рынке экспортирующей третьей страны, включая цену, качество, доступность, ликвидность, транспортировку и другие условия покупки или продажи товара.

      Сноска. Пункт 130 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

3. Установление ущерба отрасли экономики государств-членов вследствие субсидируемого импорта

      131. Для целей настоящего раздела под ущербом отрасли экономики государств-членов понимается материальный ущерб отрасли экономики государств-членов, угроза его причинения или существенное замедление создания отрасли экономики государств-членов.

      132. Ущерб отрасли экономики государств-членов вследствие субсидируемого импорта устанавливается на основе результатов анализа объема субсидируемого импорта и влияния субсидируемого импорта на цены аналогичного товара на рынке государств-членов, а также обусловленного этим влияния субсидируемого импорта на производителей аналогичного товара в государствах-членах.

      Сноска. Пункт 132 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      133. Период расследования, за который анализируются сведения в целях определения наличия ущерба отрасли экономики государств-членов вследствие субсидируемого импорта, устанавливается органом, проводящим расследования.

      134. При анализе объема субсидируемого импорта орган, проводящий расследования, определяет, произошло ли существенное увеличение субсидируемого импорта товара, являющегося объектом расследования (в абсолютных показателях либо относительно производства или потребления аналогичного товара в государствах-членах).

      135. В случае если предметом расследований, проводимых одновременно, является субсидируемый импорт какого-либо товара на таможенную территорию Союза из более чем одной экспортирующей третьей страны, орган, проводящий расследования, может оценивать совокупное воздействие такого импорта только в том случае, если установит следующее:

      1) размер субсидии в каждой экспортирующей третьей стране на данный товар составляет более 1 процента от его стоимости, а объем субсидируемого импорта из каждой экспортирующей третьей страны не является незначительным в соответствии с пунктом 228 настоящего Протокола;

      2) оценка совокупного воздействия импорта товара, являющегося предметом субсидируемого импорта, является возможной с учетом условий конкуренции между импортными товарами и условий конкуренции между импортным товаром и аналогичным товаром, произведенным в государствах-членах.

      136. При анализе воздействия субсидируемого импорта на цены аналогичного товара на рынке государств-членов орган, проводящий расследования, устанавливает:

      1) были ли цены товара, являющегося предметом субсидируемого импорта, значительно ниже цен аналогичного товара на рынке государств-членов;

      2) привел ли субсидируемый импорт к значительному снижению цен аналогичного товара на рынке государств-членов;

      3) препятствовал ли значительно субсидируемый импорт росту цен аналогичного товара на рынке государств-членов, который имел бы место в случае отсутствия такого импорта.

      137. Анализ воздействия субсидируемого импорта на отрасль экономики государств-членов заключается в оценке всех экономических факторов и показателей, имеющих отношение к состоянию отрасли экономики государств-членов, включая:

      произошедшее или возможное в будущем сокращение производства, продажи товара, доли товара на рынке государств-членов, прибыли, производительности, доходов от инвестиций или использования производственных мощностей;

      факторы, влияющие на цены товара на рынке государств-членов;

      произошедшее или возможное в будущем негативное воздействие на движение денежных потоков, запасы товара, уровень занятости, заработную плату, темпы роста производства товара, возможность привлечения капитала и (или) осуществления инвестиций.

      Указанный перечень факторов и показателей не является исчерпывающим. При этом ни один, ни несколько факторов не могут иметь решающее значение для установления ущерба отрасли экономики государств-членов вследствие субсидируемого импорта.

      Для целей повторных расследований в связи с истечением срока действия компенсационной меры анализируется в том числе степень восстановления экономического положения отрасли экономики государств-членов после воздействия на нее ранее имевшего место субсидируемого импорта.

      Сноска. Пункт 137 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      138. Воздействие субсидируемого импорта на отрасль экономики государств-членов оценивается применительно к производству аналогичного товара в государствах-членах, если имеющиеся данные позволяют выделить производство аналогичного товара на основе таких критериев, как производственный процесс, продажа аналогичного товара его производителями и прибыль.

      В случае если имеющиеся данные не позволяют выделить производство аналогичного товара, воздействие субсидируемого импорта на отрасль экономики государств-членов оценивается применительно к производству наиболее узкой группы или номенклатуры товаров, которые включают в себя аналогичный товар и о которых имеются необходимые данные.

      139. При установлении угрозы причинения материального ущерба отрасли экономики государств-членов вследствие ф субсидируемого импорта орган, проводящий расследования, учитывает все имеющиеся факторы, в том числе следующие:

      характер, размер субсидии или субсидий и их возможное воздействие на торговлю;

      значительные темпы роста субсидируемого импорта, свидетельствующие о реальной возможности существенного увеличения такого импорта;

      наличие у экспортера товара, являющегося предметом субсидируемого импорта, достаточных экспортных возможностей или очевидная неотвратимость их существенного увеличения, которые (свидетельствуют о реальной возможности существенного увеличения субсидируемого импорта этого товара, с учетом способности других экспортных рынков принять любой дополнительный экспорт данного товара;

      уровень цен товара, являющегося предметом субсидируемого импорта, если такой уровень цен может привести к значительному снижению или сдерживанию цены аналогичного товара на рынке государств-членов и дальнейшему росту спроса на товар, являющийся предметом субсидируемого импорта;

      запасы товара, являющегося предметом субсидируемого импорта.

      При этом ни один из этих факторов не может иметь решающее значение для установления угрозы причинения материального ущерба отрасли экономики государств-членов вследствие субсидируемого импорта.

      Сноска. Пункт 139 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      140. Решение о наличии угрозы причинения материального ущерба отрасли экономики государств-членов принимается в случае, если в ходе расследования по результатам анализа факторов, указанных в пункте 139 настоящего Протокола, орган, проводящий расследования, пришел к заключению о неотвратимости продолжения субсидируемого импорта и причинения таким импортом материального ущерба отрасли экономики государств-членов в случае непринятия компенсационных мер.

      141. Вывод о наличии причинно-следственной связи между субсидируемым импортом и ущербом отрасли экономики государств-членов должен основываться на анализе всех доказательств и сведений, относящихся к делу и имеющихся в распоряжении органа, проводящего расследования.

      142. Орган, проводящий расследования, помимо субсидируемого импорта анализирует также другие известные факторы, вследствие которых в тот же период причиняется ущерб отрасли экономики государств-членов.

      Ущерб, причиненный вследствие этих факторов отрасли экономики государств-членов, не должен быть отнесен к ущербу отрасли экономики государств-членов вследствие субсидируемого импорта на таможенную территорию Союза.

4. Введение предварительной компенсационной пошлины

      143. В случае если информация, полученная органом, проводящим расследования, до завершения расследования, свидетельствует о наличии субсидируемого импорта и обусловленного этим импортом ущерба отрасли экономики государств-членов, Комиссией на основании доклада, указанного в пункте 7 настоящего Протокола, принимается решение о применении компенсационной меры посредством введения предварительной компенсационной пошлины на срок до 4 месяцев в целях предотвращения ущерба отрасли экономики государств-членов, причиняемого субсидируемым импортом в период проведения расследования.

      144. Предварительная компенсационная пошлина не может быть введена ранее чем через 60 календарных дней с даты начала расследования.

      145. Предварительная компенсационная пошлина вводится в размере, равном предварительно рассчитанной величине специфической субсидии экспортирующей третьей страны на единицу субсидируемого и экспортируемого товара.

      146. В случае если по результатам расследования органом, проводящим расследования, установлено, что отсутствуют основания для введения компенсационной меры, либо принято решение о неприменении компенсационной меры в соответствии с пунктом 272 настоящего Протокола, суммы предварительной компенсационной пошлины подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      Орган, проводящий расследования, своевременно информирует таможенные органы государств-членов об отсутствии оснований для введения компенсационной меры либо о принятии Комиссией решения о неприменении компенсационной меры.

      147. В случае если по результатам расследования принято решение о применении компенсационной меры на основании наличия угрозы причинения материального ущерба отрасли экономики государств-членов или существенного замедления создания отрасли экономики государств-членов, суммы предварительной компенсационной пошлины подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      148. В случае если по результатам расследования принято решение о применении компенсационной меры на основании наличия материального ущерба отрасли экономики государств-членов или угрозы его причинения (при условии, что невведение предварительной компенсационной пошлины привело бы к определению наличия материального ущерба отрасли экономики государств-членов), суммы предварительной компенсационной пошлины с даты вступления в силу решения о применении компенсационной меры подлежат зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу, с учетом положений пунктов 149 и 150 настоящего Протокола.

      149. В случае если по результатам расследования признано целесообразным введение более низкой ставки компенсационной пошлины, чем ставка предварительной компенсационной пошлины, суммы предварительной компенсационной пошлины, соответствующие сумме компенсационной пошлины, исчисленной по установленной ставке компенсационной пошлины, подлежат зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу.

      Суммы предварительной компенсационной пошлины, превышающие сумму компенсационной пошлины, исчисленной по установленной ставке компенсационной пошлины, подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      150. В случае если по результатам расследования признано целесообразным введение более высокой ставки компенсационной пошлины, чем ставка предварительной компенсационной пошлины, разница между суммами компенсационной пошлины и предварительной компенсационной пошлины не взимается.

      151. Предварительная компенсационная пошлина применяется при условии одновременного продолжения расследования.

      152. Предварительная компенсационная пошлина применяется в соответствии с пунктами 164 – 168 настоящего Протокола.

      153. Решение о введении предварительной компенсационной пошлины принимается, как правило, не позднее 7 месяцев с даты начала расследования.

5. Принятие добровольных обязательств
субсидирующей третьей страной или экспортером
товара, являющегося объектом расследования

      154. Расследование может быть приостановлено или прекращено без введения компенсационной пошлины при принятии Комиссией решения об одобрении полученного органом, проводящим расследования, одного из следующих добровольных обязательств (в письменной форме):

      экспортирующая третья страна соглашается отменить или сократить субсидирование или принять соответствующие меры в целях устранения последствий субсидирования;

      экспортер товара, являющегося объектом расследования, соглашается пересмотреть установленные им цены такого товара (при наличии связанных с экспортером лиц в государствах-членах – обеспечить поддержку этими лицами обязательств экспортера о пересмотре цен) таким образом, что в результате анализа принимаемых экспортером обязательств орган, проводящий расследования, приходит к заключению, что принятие таких добровольных обязательств устранит ущерб отрасли экономики государств-членов.

      Согласно таким обязательствам повышение цены товара, являющегося объектом расследования, не должно превышать размер специфической субсидии экспортирующей третьей страны, рассчитанный в отношении единицы субсидируемого и экспортируемого товара.

      Повышение цены товара, являющегося объектом расследования, может быть меньше, чем размер специфической субсидии экспортирующей третьей страны, рассчитанной на единицу субсидируемого и экспортируемого товара, если такое повышение является достаточным для устранения ущерба отрасли экономики государств-членов.

      155. Решение об одобрении добровольных обязательств не принимается Комиссией до тех пор, пока орган, проводящий расследования, не придет к предварительному заключению о наличии субсидируемого импорта и обусловленного этим ущерба отрасли экономики государств-членов.

      Решение об одобрении добровольных обязательств экспортера товара, являющегося объектом расследования, не принимается Комиссией до получения согласия уполномоченного органа экспортирующей третьей страны на принятие экспортерами обязательств, указанных в абзаце третьем пункта 154 настоящего Протокола.

      156. Решение об одобрении добровольных обязательств не принимается Комиссией, если орган, проводящий расследования, приходит к заключению о неприемлемости их одобрения в связи с большим числом реальных или потенциальных экспортеров товара, являющегося объектом расследования, или по иным причинам.

      Орган, проводящий расследования, по возможности сообщает экспортерам причины, по которым одобрение их добровольных обязательств было сочтено неприемлемым, и предоставляет им возможность дать в связи с этим комментарии.

      157. Орган, проводящий расследования, направляет каждому экспортеру и в уполномоченный орган экспортирующей третьей страны, которые приняли добровольные обязательства, запрос о предоставлении их неконфиденциальной версии, чтобы иметь возможность предоставить ее заинтересованным лицам.

      158. Орган, проводящий расследования, может предложить экспортирующей третьей стране или экспортеру товара, являющегося объектом расследования, принять добровольные обязательства, но не может требовать их принятия.

      159. В случае принятия Комиссией решения об одобрении добровольных обязательств компенсационное расследование может быть продолжено по просьбе экспортирующей третьей страны или по решению органа, проводящего расследования.

      В случае если по результатам расследования орган, проводящий расследования, приходит к заключению об отсутствии субсидируемого импорта или обусловленного им ущерба отрасли экономики государств-членов, экспортирующая третья страна или экспортеры, принявшие добровольные обязательства, автоматически освобождаются от таких обязательств, за исключением случая, когда указанное заключение в значительной степени является результатом существования таких обязательств. В случае если сделанное заключение в значительной степени является результатом существования добровольных обязательств, Комиссией может быть принято решение о том, что такие обязательства должны оставаться в силе в течение необходимого периода времени.

      160. В случае если по результатам расследования орган, проводящий расследования, приходит к заключению о наличии субсидируемого импорта и обусловленного им ущерба отрасли экономики государств-членов, принятые добровольные обязательства продолжают действовать в соответствии с их условиями и положениями настоящего Протокола.

      161. Орган, проводящий расследования, вправе запросить у экспортирующей третьей страны или экспортера, добровольные обязательства которых были одобрены Комиссией, сведения, касающиеся их выполнения, а также согласие на проверку этих сведений.

      Непредставление запрашиваемых сведений в срок, установленный органом, проводящим расследования, а также несогласие на проверку этих сведений считается нарушением экспортирующей третьей страной или экспортером принятых добровольных обязательств.

      162. В случае нарушения экспортирующей третьей страной или экспортером добровольных обязательств либо отзыва таких обязательств Комиссия может принять решение о применении компенсационной меры посредством введения предварительной компенсационной пошлины (если расследование еще не завершено) или компенсационной пошлины (если окончательные результаты расследования свидетельствуют о наличии оснований для ее введения).

      Экспортирующей третьей стране или экспортеру в случае нарушения ими принятых добровольных обязательств предоставляется возможность дать комментарии в связи с таким нарушением.

      163. В решении Комиссии об одобрении добровольных обязательств должна быть определена ставка предварительной компенсационной пошлины или компенсационной пошлины, которые могут быть введены в соответствии с пунктом 162 настоящего Протокола.

      В решении Комиссии об одобрении добровольных обязательств могут быть определены документ, необходимый для целей подтверждения сведений об экспортере, а при необходимости также о производителе, и требования к заполнению такого документа.

      Сноска. Пункт 163 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

6. Введение и применение компенсационной пошлины

      164. Решение о введении компенсационной пошлины не принимается Комиссией, если специфическая субсидия экспортирующей третьей страны была отозвана.

      165. Решение о введении компенсационной пошлины принимается после того, как экспортирующей третьей стране, предоставляющей специфическую субсидию, было предложено провести консультации, от которых эта страна отказалась или в ходе проведения которых взаимоприемлемое решение не было достигнуто.

      166. Компенсационная пошлина применяется в отношении товара, который поставляется всеми экспортерами и является предметом субсидируемого импорта, причиняющего ущерб отрасли экономики государств-членов (за исключением товара, поставляемого теми экспортерами, добровольные обязательства которых были одобрены Комиссией).

      В отношении товаров, поставляемых отдельными экспортерами, Комиссией может быть установлен индивидуальный размер ставки компенсационной пошлины.

      При установлении индивидуального размера такой ставки компенсационной пошлины Комиссия вправе определить документ, необходимый для целей подтверждения сведений об экспортере, для которого установлен индивидуальный размер ставки компенсационной пошлины, а при необходимости также о производителе, и требования к заполнению такого документа.

      Сноска. Пункт 166 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      167. Ставка компенсационной пошлины не должна превышать размер специфической субсидии экспортирующей третьей страны, рассчитанный на единицу субсидируемого и экспортируемого товара.

      В случае если субсидии предоставляются в соответствии с различными программами субсидирования, учитывается их совокупный размер.

      Ставка компенсационной пошлины может быть меньше, чем размер специфической субсидии экспортирующей третьей страны, если такая ставка является достаточной для устранения ущерба отрасли экономики государств-членов.

      168. При определении ставки компенсационной пошлины учитываются поступившие в письменном виде в орган, проводящий расследования, мнения потребителей государств-членов, на экономические интересы которых может повлиять введение компенсационной пошлины.

      169. Компенсационная пошлина может быть применена в отношении товаров, помещенных под таможенные процедуры, условием помещения под которые является уплата компенсационной пошлины, не ранее чем за 90 календарных дней до даты введения предварительной компенсационной пошлины, если по результатам расследования органом, проводящим расследования, в отношении этого товара одновременно установлено следующее:

      1) ущерб, который трудно будет устранить впоследствии, нанесен существенно возросшим в течение относительно короткого периода времени импортом товара, в отношении которого выплачиваются или предоставляются специфические субсидии;

      2) необходимо применить в отношении импортируемого товара, указанного в подпункте 1 настоящего пункта, компенсационную пошлину в целях предотвращения повторения ущерба.

      170. Орган, проводящий расследования, после даты начала расследования публикует на официальном сайте Союза в сети Интернет уведомление, содержащее предупреждение о возможном применении в соответствии с пунктом 169 настоящего Протокола компенсационной пошлины в отношении товара, являющегося объектом расследования.

      Решение о публикации такого уведомления принимается органом, проводящим расследования, по запросу отрасли экономики государств-членов, содержащему достаточные доказательства выполнения условий, указанных в пункте 169 настоящего Протокола, или по собственной инициативе при наличии в распоряжении органа, проводящего расследования, таких доказательств.

      Компенсационная пошлина не может применяться в отношении товаров, помещенных под таможенные процедуры, условием помещения под которые является уплата компенсационной пошлины, до даты официального опубликования уведомления, указанного в настоящем пункте.

      Сноска. Пункт 170 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      171. Законодательством государств-членов могут быть установлены дополнительные способы уведомления заинтересованных лиц о возможном применении компенсационной пошлины в соответствии с пунктом 169 настоящего Протокола.

7. Срок действия и пересмотр
компенсационной меры

      172. Компенсационная мера применяется по решению Комиссии в размере и в течение срока, которые необходимы для устранения ущерба отрасли экономики государств-членов вследствие субсидируемого импорта.

      173. Срок действия компенсационной меры не должен превышать 5 лет с даты начала применения такой меры или с даты завершения повторного расследования, которое проводилось в связи с изменившимися обстоятельствами и касалось одновременно анализа субсидируемого импорта и вызванного им ущерба отрасли экономики государств-членов или которое проводилось в связи с истечением срока действия компенсационной меры.

      174. Повторное расследование в связи с истечением срока действия компенсационной меры проводится на основании заявления (в письменной форме), поданного в соответствии с пунктами 186 – 198настоящего Протокола, либо по собственной инициативе органа, проводящего расследования.

      Повторное расследование в связи с истечением срока действия компенсационной меры проводится при наличии в заявлении сведений о возможности возобновления либо продолжения субсидируемого импорта и причинения ущерба отрасли экономики государств-членов при прекращении действия компенсационной меры.

      Заявление о проведении повторного расследования в связи с истечением срока действия компенсационной меры подается не позднее чем за 6 месяцев до истечения срока действия компенсационной меры.

      Повторное расследование должно быть начато до истечения срока действия компенсационной меры и завершено в течение 12 месяцев с даты его начала.

      До завершения повторного расследования, проводимого в соответствии с настоящим пунктом, применение компенсационной меры продлевается по решению Комиссии. В течение срока, на который продлевается применение соответствующей компенсационной меры, в порядке, установленном для взимания предварительных компенсационных пошлин, уплачиваются компенсационные пошлины по ставкам компенсационных пошлин, которые были установлены в связи с применением компенсационной меры, срок действия которой продлевается в связи с проведением повторного расследования.

      В случае если по результатам повторного расследования в связи с истечением срока действия компенсационной меры органом, проводящим расследования, установлено, что основания для применения компенсационной меры отсутствуют, либо принято решение о неприменении компенсационной меры в соответствии с пунктом 272 настоящего Протокола, суммы компенсационной пошлины, взимаемой в порядке, установленном для взимания предварительных компенсационных пошлин, в течение срока, на который было продлено применение компенсационной меры, подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      Орган, проводящий расследования, своевременно информирует таможенные органы государств-членов об отсутствии оснований для применения компенсационной меры либо принятия Комиссией решения о неприменении компенсационной меры.

      Действие компенсационной меры продлевается Комиссией в случае, если по результатам повторного расследования в связи с истечением срока действия компенсационной меры органом, проводящим расследования, будет установлена возможность возобновления либо продолжения субсидируемого импорта и причинения ущерба отрасли экономики государств-членов. С даты вступления в силу решения Комиссии о продлении компенсационной меры суммы компенсационных пошлин, взимаемых в порядке, установленном для взимания предварительных компенсационных пошлин, в течение срока, на который было продлено применение компенсационной меры, подлежат зачислению и распределению в порядке, предусмотренном приложением к настоящему Протоколу.

      175. По заявлению заинтересованного лица, в случае если после введения компенсационной меры прошло не менее 1 года, или по инициативе органа, проводящего расследования, может быть проведено повторное расследование в целях определения целесообразности продолжения применения компенсационной меры и (или) ее пересмотра (в том числе пересмотра индивидуального размера ставки компенсационной пошлины) в связи с изменившимися обстоятельствами.

      В зависимости от целей подачи заявления о проведении повторного расследования в связи с изменившимися обстоятельствами такое заявление должно содержать доказательства того, что:

      продолжение применения компенсационной меры не требуется для противодействия субсидируемому импорту и устранения ущерба отрасли экономики государств-членов вследствие субсидируемого импорта;

      существующий размер компенсационной меры превышает размер, достаточный для противодействия субсидируемому импорту и устранения ущерба отрасли экономики государств-членов вследствие субсидируемого импорта;

      существующая компенсационная мера недостаточна для противодействия субсидируемому импорту и устранения ущерба отрасли экономики государств-членов вследствие субсидируемого импорта.

      Повторное расследование в связи с изменившимися обстоятельствами должно быть завершено в течение 12 месяцев с даты его начала.

      176. Положения раздела VI настоящего Протокола, касающиеся представления доказательств и проведения расследования, применяются в отношении повторных расследований, предусмотренных пунктами 172 – 178 настоящего Протокола, с учетом соответствующих различий.

      177. Положения пунктов 172 – 178 настоящего Протокола применяются в отношении обязательств, принятых экспортирующей третьей страной или экспортером в соответствии с пунктами 154 – 163 настоящего Протокола, с учетом соответствующих различий.

      178. Повторное расследование может также проводиться в целях установления размера индивидуальной ставки компенсационной пошлины для экспортера, в отношении которого применяется компенсационная мера, но не проводилось расследование по иным причинам, чем отказ от сотрудничества. Такое повторное расследование может быть начато органом, проводящим расследования, по заявлению указанного экспортера.

8. Установление обхода компенсационной меры

      179. Для целей настоящего раздела под обходом компенсационной меры понимается изменение способа поставок товара для уклонения от уплаты компенсационной пошлины либо от выполнения принятых добровольных обязательств.

      180. Повторное расследование в целях установления обхода компенсационной меры может быть начато по заявлению заинтересованного лица или по собственной инициативе органа, проводящего расследования.

      181. Заявление, указанное в пункте 180 настоящего Протокола, должно содержать доказательства:

      1) обхода компенсационной меры;

      2) нейтрализации действия компенсационной меры (вследствие ее обхода) на объемы производства и (или) продажи и (или) на цены аналогичного товара на рынке государств-членов;

      3) сохранения выгоды от предоставления специфической субсидии у производителя и (или) экспортера товара (составных частей и (или) производных такого товара).

      182. На период повторного расследования, проводимого в соответствии с пунктами 179 – 185 настоящего Протокола, Комиссией может быть введена взимаемая в порядке, установленном для взимания предварительных компенсационных пошлин, компенсационная пошлина на импортируемые на таможенную территорию Союза из экспортирующей третьей страны составные части и (или) производные товара, являвшегося предметом субсидируемого импорта, а также на товар, являвшийся предметом субсидируемого импорта, и (или) его составные части и (или) производные, импортируемые на таможенную территорию из иной экспортирующей третьей страны.

      183. В случае если по результатам повторного расследования, проведенного в соответствии с пунктами 179 – 185 настоящего Протокола, органом, проводящим расследования, не установлен обход компенсационной меры, суммы компенсационной пошлины, уплаченные в соответствии с пунктом 182 настоящего Протокола и в порядке, установленном для взимания предварительных компенсационных пошлин, подлежат возврату в порядке, предусмотренном приложением к настоящему Протоколу.

      Орган, проводящий расследования, своевременно информирует таможенные органы государств-членов о том, что обход компенсационной меры не установлен.

      184. Компенсационная мера в случае установления по результатам повторного расследования, проведенного в соответствии с пунктами 179 – 185 настоящего Протокола, обхода компенсационной меры может быть распространена на импортируемые на таможенную территорию Союза из экспортирующей третьей страны составные части и (или) производные товара, являвшегося предметом субсидируемого импорта, а также на товар, являвшийся предметом субсидируемого импорта, и (или) его составные части и (или) производные, импортируемые на таможенную территорию Союза из иной экспортирующей третьей страны. С момента вступления в силу решения Комиссии о введении указанной в настоящем пункте компенсационной меры суммы компенсационных пошлин, уплаченных в порядке, установленном для взимания предварительных компенсационных пошлин, подлежат зачислению и распределению в порядке, предусмотренным приложением к настоящему Протоколу.

      185. Повторное расследование в целях установления обхода компенсационной меры должно быть завершено в течение 9 месяцев с даты его начала.

VI. Проведение расследований

1. Основания для проведения расследований

      186. Расследование в целях установления наличия возросшего импорта и обусловленного им серьезного ущерба отрасли экономики государств-членов или угрозы его причинения, а также в целях установления демпингового или субсидируемого импорта и обусловленного ими материального ущерба отрасли экономики государств-членов, угрозы его причинения или существенного замедления создания отрасли экономики государств-членов проводится органом, проводящим расследования, на основании заявления в письменной форме либо по собственной инициативе.

      187. Заявление, указанное в пункте 186 настоящего Протокола, подается:

      1) производителем (производителями) аналогичного или непосредственно конкурирующего товара (при подаче заявления о применении специальной защитной меры) либо аналогичного товара (при подаче заявления о применении антидемпинговой или компенсационной меры) в государствах-членах или его уполномоченным представителем (их уполномоченными представителями);

      2) объединением (ассоциацией, союзом) или объединениями (ассоциациями, союзами) производителей, в число участников которого (которых) входят производители аналогичного или непосредственно конкурирующего товара (при подаче заявления о применении специальной защитной меры) либо аналогичного товара (при подаче заявления о применении антидемпинговой или компенсационной меры) в государствах-членах, или уполномоченным представителем такого объединения (ассоциации, союза) либо уполномоченными представителями таких объединений (ассоциаций, союзов).

      Сноска. Пункт 187 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      188. Уполномоченные представители производителей и объединений, указанных в пункте 187 настоящего Протокола, должны иметь надлежащим образом оформленные полномочия, подтвержденные документами, оригиналы которых представляются в орган, проводящий расследования, вместе с заявлением.

      189. К заявлению, указанному в пункте 186 настоящего Протокола, прилагаются доказательства поддержки заявления производителями аналогичного или непосредственно конкурирующего либо аналогичного товара в государствах-членах. Достаточными доказательствами поддержки заявления признаются:

      1) документы о присоединении к заявлению других производителей аналогичного или непосредственно конкурирующего товара в государствах-членах, производящих вместе с заявителем существенную часть, но не менее 25 процентов от общего объема производства аналогичного или непосредственно конкурирующего товара в государствах-членах (при подаче заявления о применении специальной защитной меры);

      2) документы, подтверждающие, что доля производства аналогичного товара производителями в государствах-членах (в том числе заявителем), высказавшимися в поддержку заявления, составляет не менее 25 процентов от общего объема производства аналогичного товара в государствах-членах при условии, что объем производства аналогичного товара производителями в государствах-членах (в том числе заявителем), высказавшимися в поддержку заявления, составляет более 50 процентов от объема производства аналогичного товара производителями в государствах-членах, высказавшими свое мнение (поддержку или несогласие) относительно заявления (при подаче заявления о применении антидемпинговой или компенсационной меры).

      190. Заявление, указанное в пункте 186 настоящего Протокола, должно содержать:

      1) сведения о заявителе, об объеме производства в количественном и стоимостном выражении аналогичного или непосредственно конкурирующего товара (при подаче заявления о применении специальной защитной меры), аналогичного товара (при подаче заявления о применении антидемпинговой или компенсационной меры) отраслью экономики государств-членов в течение 3 лет, непосредственно предшествующих дате подачи заявления, а также об объеме производства в количественном и стоимостном выражении аналогичного или непосредственно конкурирующего товара (при подаче заявления о применении специальной защитной меры) либо аналогичного товара (при подаче заявления о применении антидемпинговой или компенсационной меры) производителями в государствах-членах, поддержавшими заявление, и об их доле в общем объеме производства в государствах-членах аналогичного или непосредственно конкурирующего товара (при подаче заявления о применении специальной защитной меры) либо аналогичного товара (при подаче заявления о применении антидемпинговой или компенсационной меры);

      2) описание импортируемого на таможенную территорию Союза товара, в отношении которого предлагается ввести специальную защитную, антидемпинговую или компенсационную меру, с указанием кода ТН ВЭД ЕАЭС;

      3) наименования экспортирующих третьих стран происхождения либо отправления товара, указанного в подпункте 2 настоящего пункта, на основе данных таможенной статистики;

      4) сведения об известных производителях и (или) экспортерах товара, указанного в подпункте 2 настоящего пункта, в экспортирующей третьей стране и об известных импортерах и основных известных потребителях данного товара в государствах-членах;

      5) сведения об изменении объема импорта на таможенную территорию Союза товара, в отношении которого предлагается ввести специальную защитную, антидемпинговую или компенсационную меру, за предшествующий период, а также за последующий период, за который на дату подачи заявления доступны репрезентативные статистические данные;

      6) сведения об изменении объема экспорта аналогичного или непосредственно конкурирующего товара (при подаче заявления о применении специальной защитной меры) либо аналогичного товара (при подаче заявления о применении антидемпинговой или компенсационной меры) с таможенной территории Союза за предшествующий период, а также за последующий период, за который на дату подачи заявления доступны репрезентативные статистические данные.

      Сноска. Пункт 190 с изменениями, внесенными Законом РК от 15.02.2021 № 6-VII.

      191. Наряду со сведениями, указанными в пункте 190 настоящего Протокола, в зависимости от предлагаемой в заявлении меры заявителем указываются:

      1) доказательства наличия возросшего импорта товара, доказательства наличия серьезного ущерба отрасли экономики государств-членов или угрозы его причинения вследствие возросшего импорта товара, предложение о введении специальной защитной меры с указанием размера и срока действия такой меры и план мероприятий по адаптации отрасли экономики государств-членов к работе в условиях иностранной конкуренции в течение срока действия предлагаемой заявителем специальной защитной меры (при подаче заявления о применении специальной защитной меры);

      2) сведения об экспортной цене и нормальной стоимости товара, доказательства наличия материального ущерба отрасли экономики государств-членов, или угрозы его причинения, или существенного замедления создания отрасли экономики государств-членов вследствие демпингового импорта товара, а также предложение о введении антидемпинговой меры с указанием ее размера и срока действия (при подаче заявления о применении антидемпинговой меры);

      3) сведения о наличии и характере специфической субсидии экспортирующей третьей страны и, если возможно, о ее размере, доказательства наличия материального ущерба отрасли экономики государств-членов, или угрозы его причинения, или существенного замедления создания отрасли экономики государств-членов вследствие субсидируемого импорта товара, а также предложение о введении компенсационной меры с указанием ее размера и срока действия (при подаче заявления о применении компенсационной меры).

      192. Доказательства наличия серьезного ущерба отрасли экономики государств-членов или угрозы его причинения (при подаче заявления о применении специальной защитной меры) и доказательства наличия материального ущерба отрасли экономики государств-членов, или угрозы его причинения, или существенного замедления создания отрасли экономики государств-членов вследствие демпингового импорта или субсидируемого импорта (при подаче заявления о применении антидемпинговой меры или компенсационной меры) должны основываться на объективных факторах, которые характеризуют экономическое положение отрасли экономики государств-членов и должны быть выражены в количественных и (или) стоимостных показателях за предшествующий период, а также за последующий период, за который на дату подачи заявления доступны репрезентативные статистические данные (в том числе данные об объеме производства товара и объеме его реализации, доле товара на рынке государств-членов, себестоимости производства товара, цене товара, степени загрузки производственных мощностей, занятости, производительности труда, размере прибыли, рентабельности производства, объеме инвестиций в отрасль экономики государств-членов).

      193. Сведения, представленные в заявлении, должны сопровождаться ссылкой на источник их получения.

      194. При указании показателей, содержащихся в заявлении, в целях сопоставимости должны использоваться единые денежные и количественные единицы.

      195. Сведения, содержащиеся в заявлении, должны быть заверены руководителями производителей, представивших такие сведения, а также их работниками, ответственными за ведение бухгалтерского учета и бухгалтерской отчетности, в части, касающейся сведений, непосредственно относящихся к данным производителям.

      196. Заявление с приложением его неконфиденциальной версии (если в заявлении содержится конфиденциальная информация) представляется в орган, проводящий расследования, в соответствии с пунктом 8 настоящего Протокола и подлежит регистрации в день поступления заявления в этот орган.

      197. Датой подачи заявления считается дата его регистрации в органе, проводящем расследования.

      198. Заявление о применении специальной защитной, антидемпинговой или компенсационной меры отклоняется по следующим основаниям:

      непредставление при подаче заявления материалов, указанных в пунктах 189 – 191 настоящего Протокола;

      недостоверность представленных заявителем материалов, предусмотренных пунктах 189 – 191 настоящего Протокола;

      непредставление неконфиденциальной версии заявления.

      Отклонение заявления по иным основаниям не допускается.

2. Начало расследования и его проведение

      199. Орган, проводящий расследования, до принятия решения о начале расследования уведомляет в письменной форме экспортирующую третью страну о поступлении подготовленного в соответствии с пунктами 187 – 196 настоящего Протокола заявления о применении антидемпинговой или компенсационной меры.

      200. Орган, проводящий расследования, до принятия решения о начале расследования в течение 30 календарных дней с даты регистрации заявления изучает достаточность и достоверность доказательств и сведений, содержащихся в этом заявлении, в соответствии с пунктах 189 – 191 настоящего Протокола. Такой срок может быть продлен в случае необходимости получения органом, проводящим расследования, дополнительных сведений, но не должен превышать 60 календарных дней.

      201. Заявление может быть отозвано заявителем до начала расследования или в ходе его проведения.

      В случае проведения расследований в соответствии с пунктами 110, 111, 114 - 120, 175 и 179 - 185 настоящего Протокола заявление может быть отозвано заявителем либо до начала расследования, либо в ходе его проведения, но не позднее даты информирования органом, проводящим расследования, в соответствии с пунктами 224 и 230 настоящего Протокола заинтересованных лиц об основных выводах, сделанных по результатам расследования.

      Заявление считается неподанным, если оно отзывается до начала расследования.

      В случае если заявление отзывается в ходе проведения расследования, расследование прекращается без введения специальной защитной, антидемпинговой или компенсационной меры.

      Сноска. Пункт 201 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      202. До принятия решения о начале расследования сведения, содержащиеся в заявлении, не подлежат публичному разглашению.

      203. Орган, проводящий расследования, до истечения срока, указанного в пункте 200 настоящего Протокола, принимает решение о начале расследования или об отказе в его проведении.

      204. При принятии решения о начале расследования орган, проводящий расследования, уведомляет в письменной форме уполномоченный орган экспортирующей третьей страны, а также другие известные ему заинтересованные лица о принятом решении и обеспечивает в срок не более 10 рабочих дней с даты принятия указанного решения публикацию уведомления о начале расследования на официальном сайте Союза в сети Интернет.

      Сноска. Пункт 204 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      205. Дата публикации уведомления о начале расследования на официальном сайте Союза в сети Интернет признается датой начала расследования.

      206. Орган, проводящий расследования, может принять решение о начале расследования (в том числе по собственной инициативе) только в случае, если в его распоряжении имеются доказательства наличия возросшего импорта и обусловленного им серьезного ущерба отрасли экономики государств-членов или угрозы его причинения либо наличия демпингового или субсидируемого импорта и обусловленного им материального ущерба отрасли экономики государств-членов, угрозы его причинения или существенного замедления создания отрасли экономики государств-членов.

      В случае если имеющихся доказательств недостаточно, такое расследование не может быть начато.

      207. Решение об отказе в проведении расследования принимается в случае, если органом, проводящим расследования, по результатам рассмотрения заявления выявлено, что сведения, представленные в соответствии с пунктами 190 – 191 настоящего Протокола, не свидетельствуют о наличии возросшего, демпингового или субсидируемого импорта товара на таможенную территорию Союза и (или) обусловленного ими материального ущерба отрасли экономики государств-членов, или угрозы его причинения, или существенного замедления создания отрасли экономики государств-членов вследствие демпингового или субсидируемого импорта или о наличии серьезного ущерба отрасли экономики государств-членов или угрозы его причинения вследствие возросшего импорта на таможенную территорию Союза.

      208. При принятии решения об отказе в проведении расследования орган, проводящий расследования, в письменной форме в срок не более 10 календарных дней с даты принятия такого решения уведомляет заявителя о причине отказа в проведении расследования.

      209. Заинтересованные лица вправе заявить в письменной форме и в установленный настоящим Протоколом срок о своем намерении участвовать в расследовании. Они признаются участниками расследования с даты регистрации органом, проводящим расследования, заявления о намерении участвовать в расследовании.

      Заявитель и производители в государствах-членах, высказавшиеся в поддержку заявления, признаются участниками расследования с даты начала расследования.

      210. Заинтересованные лица вправе представить в срок, не нарушающий хода расследования, необходимые для проведения расследования сведения (в том числе конфиденциальную информацию) с указанием источника получения таких сведений.

      211. Орган, проводящий расследования, вправе запросить у заинтересованного лица дополнительные сведения в целях расследования.

      Запросы также могут направляться иным организациям в государствах-членах.

      Указанные запросы направляются руководителем (заместителем руководителя) органа, проводящего расследования.

      Запрос считается полученным заинтересованным лицом с момента его передачи уполномоченному представителю заинтересованного лица либо по истечении 7 календарных дней с даты отправки запроса почтовой связью.

      Ответ заинтересованного лица должен быть представлен в орган, проводящий расследования, не позднее 30 календарных дней с даты получения запроса.

      Ответ считается полученным органом, проводящим расследования, если он поступил в орган, проводящий расследования, не позднее чем через 7 календарных дней с даты истечения указанного в абзаце пятом настоящего пункта срока.

      Сведения, представленные заинтересованным лицом по истечении указанного срока, могут не приниматься во внимание органом, проводящим расследования.

      По мотивированной и изложенной в письменной форме просьбе заинтересованного лица срок представления ответа может быть продлен органом, проводящим расследования.

      212. В случае если заинтересованное лицо отказывает органу, проводящему расследования, в предоставлении необходимой информации, не предоставляет ее в установленный срок или предоставляет недостоверную информацию, таким образом существенно затрудняя проведение расследования, такое заинтересованное лицо признается несотрудничающим и предварительное или окончательное заключения могут быть сделаны органом, проводящим расследования, на основе имеющейся у него информации.

      Непредоставление запрашиваемой информации в электронном виде или в определенном в запросе органа, проводящего расследования, электронном формате не должно расцениваться органом, проводящим расследования, как отказ от сотрудничества при условии, что соответствующее заинтересованное лицо может доказать, что полное выполнение критериев предоставления информации, определенных в запросе органа, проводящего расследования, невозможно или связано со значительными материальными издержками.

      В случае если орган, проводящий расследования, не учитывает информацию, предоставленную заинтересованным лицом, по причинам, отличным от указанных в абзаце первом настоящего пункта, данное лицо должно быть проинформировано о причинах и основаниях принятия такого решения и ему должна быть предоставлена возможность дать в этой связи свои комментарии в срок, определяемый органом, проводящим расследования.

      Если при подготовке предварительного или окончательного заключения органа, проводящего расследования, включая определение нормальной стоимости товара (при проведении антидемпингового расследования), применялись положения абзаца первого настоящего пункта и использовалась информация (в том числе предоставленная заявителем), то информация, используемая при подготовке таких заключений, должна проверяться с использованием доступной информации, получаемой из третьих источников или от заинтересованных лиц, при условии, что проведение такой проверки не затруднит ход расследования и не приведет к нарушению сроков его проведения.

      213. Орган, проводящий расследования, в возможно короткий срок с даты принятия решения о начале антидемпингового или компенсационного расследования направляет уполномоченному органу экспортирующей третьей страны и известным ему экспортерам копии заявления или его неконфиденциальной версии (в случае если в заявлении содержится конфиденциальная информация), а также предоставляет такие копии другим заинтересованным лицам по их запросу.

      В случае если количество известных экспортеров велико, копия заявления или его неконфиденциальной версии направляется только уполномоченному органу экспортирующей третьей страны.

      Орган, проводящий расследования, предоставляет участникам специального защитного расследования по их запросу копии заявления или его неконфиденциальной версии (в случае если в заявлении содержится конфиденциальная информация).

      В ходе расследования орган, проводящий расследования, с учетом необходимости защиты конфиденциальной информации предоставляет участникам расследования по их запросу возможность ознакомиться со сведениями, предоставленными в письменной форме любым заинтересованным лицом в качестве доказательств, относящихся к предмету расследования.

      В ходе расследования орган, проводящий расследования, предоставляет участникам расследования возможность ознакомиться с иными сведениями, имеющими отношение к расследованию и используемыми им в ходе расследования, но не являющимися конфиденциальной информацией.

      214. По запросу заинтересованных лиц орган, проводящий расследования, проводит консультации по предмету проводимого расследования.

      215. В ходе расследования всем заинтересованным лицам предоставляется возможность защищать свои интересы. С этой целью орган, проводящий расследования, обеспечивает всем заинтересованным лицам по их запросам возможность встретиться для того, чтобы они могли представить противоположные точки зрения и предложить опровержения. Такая возможность предоставляется с учетом необходимости соблюдения конфиденциальности информации. На встрече не обязаны присутствовать все заинтересованные лица, и отсутствие какого-либо заинтересованного лица не влечет причинение ущерба его интересам.

      216. Потребители, использующие в производстве продукции товар, являющийся объектом расследования, представители общественных объединений потребителей, органы государственной власти (управления), органы местного самоуправления, а также иные лица вправе представлять в орган, проводящий расследования, сведения, которые имеют отношение к расследованию.

      217. Срок проведения расследования не должен превышать:

      1) 9 месяцев с даты начала расследования на основании заявления о применении специальной защитной меры. Этот срок может быть продлен органом, проводящим расследования, но не более чем на 3 месяца;

      2) 12 месяцев с даты начала расследования на основании заявления о применении антидемпинговой или компенсационной меры. Этот срок может быть продлен органом, проводящим расследования, но не более чем на 6 месяцев.

      218. Проведение расследования не должно препятствовать совершению таможенных операций в отношении товара, являющегося объектом расследования.

      219. Датой завершения расследования является дата рассмотрения Комиссией доклада по результатам расследования и проекта акта Комиссии, указанных в пункте 5 настоящего Протокола.

      В случае если органом, проводящим расследования, сделано окончательное заключение об отсутствии оснований для применения, пересмотра или отмены специальной защитной, антидемпинговой или компенсационной меры, датой завершения расследования признается дата опубликования органом, проводящим расследования, соответствующего уведомления.

      В случае введения предварительной специальной пошлины, предварительной антидемпинговой пошлины или предварительной компенсационной пошлины расследование должно быть завершено до окончания срока действия соответствующей предварительной пошлины.

      220. В случае если орган, проводящий расследования, в ходе расследования устанавливает отсутствие оснований, предусмотренных абзацами вторым или третьим пункта 3 настоящего Протокола, расследование завершается без введения специальной защитной, антидемпинговой или компенсационной меры.

      221. В случае если в течение 2 календарных лет, непосредственно предшествующих дате начала расследования, на одного производителя, поддержавшего заявление, указанное в пункте 186 настоящего Протокола (с учетом вхождения его в группу лиц в понимании раздела XIII Договора), приходится такая доля производства на таможенной территории Союза аналогичного или непосредственно конкурирующего товара (при проведении расследования, предшествующего применению специальной защитной меры) либо аналогичного товара (при проведении расследования, предшествующего применению антидемпинговой или компенсационной меры), при которой в соответствии с методикой оценки состояния конкуренции, утверждаемой Комиссией, положение данного производителя (с учетом вхождения его в группу лиц) на соответствующем товарном рынке Союза может быть признано доминирующим, структурное подразделение Комиссии, уполномоченное в сфере контроля за соблюдением общих правил конкуренции на трансграничных рынках, по запросу органа, проводящего расследования, проводит оценку последствий воздействия специальной защитной, антидемпинговой или компенсационной меры на конкуренцию на соответствующем товарном рынке Союза.

3. Особенности проведения
антидемпингового расследования

      222. Антидемпинговое расследование прекращается без введения антидемпинговой меры, если орган, проводящий расследования, устанавливает, что демпинговая маржа меньше минимально допустимой демпинговой маржи либо объем происшедшего или возможного демпингового импорта, или размер обусловленного таким импортом материального ущерба, или угроза его причинения, или существенное замедление создания отрасли экономики государств-членов являются незначительными.

      При этом под минимально допустимой демпинговой маржой понимается демпинговая маржа, размер которой не превышает 2 процентов.

      223. Объем демпингового импорта из определенной экспортирующей третьей страны является незначительным, если он составляет менее 3 процентов от общего объема импорта товара, являющегося объектом расследования, на таможенную территорию Союза при условии, что на экспортирующие третьи страны, индивидуальная доля каждой из которых в общем объеме импорта составляет менее 3 процентов от общего объема импорта товара, являющегося объектом расследования, на таможенную территорию Союза, в совокупности приходится не более 7 процентов от общего объема импорта товара, являющегося объектом расследования, на таможенную территорию Союза.

      224. Орган, проводящий расследования, до принятия решения по результатам антидемпингового расследования информирует заинтересованных лиц об основных выводах, сделанных по результатам расследования, с учетом необходимости защиты конфиденциальной информации и предоставляет возможность дать свои комментарии.

      Срок предоставления комментариев заинтересованных лиц устанавливается органом, проводящим расследования, но не может составлять менее 15 календарных дней.

4. Особенности проведения
компенсационного расследования

      225. После принятия к рассмотрению заявления и до принятия решения о начале расследования орган, проводящий расследования, должен предложить уполномоченному органу экспортирующей третьей страны, из которой экспортируется товар, в отношении которого предлагается ввести компенсационную меру, провести консультации в целях уточнения ситуации относительно наличия, размера и последствий предоставления предполагаемой специфической субсидии и достижения взаимоприемлемого решения.

      Такие консультации могут продолжаться и в ходе расследования.

      226. Проведение консультаций, указанных в пункте 225 настоящего Протокола, не препятствует принятию решения о начале расследования и применении компенсационной меры.

      227. Компенсационное расследование прекращается без введения компенсационной меры, если орган, проводящий расследования, устанавливает, что размер специфической субсидии экспортирующей третьей страны является минимальным либо объем происшедшего или возможного субсидируемого импорта, или размер обусловленного таким импортом материального ущерба отрасли экономики государств-членов, или угроза его причинения, или существенное замедление создания отрасли экономики государств-членов являются незначительными.

      228. Размер специфической субсидии признается минимальным, если составляет менее 1 процента от стоимости товара, являющегося объектом расследования.

      Объем субсидируемого импорта, как правило, признается незначительным, если он составляет менее 1 процента от общего объема импорта аналогичного товара на таможенную территорию Союза при условии, что на экспортирующие третьи страны, индивидуальная доля каждой из которых в импорте составляет менее 1 процента от общего объема импорта аналогичного товара на таможенную территорию Союза, в совокупности приходится не более 3 процентов от общего объема импорта аналогичного товара на таможенную территорию Союза.

      229. Компенсационное расследование в отношении товара, являющегося предметом субсидируемого импорта и происходящего из развивающейся или наименее развитой страны-пользователя системы тарифных преференций Союза, прекращается, в случае если орган, проводящий расследования, установит, что общий размер специфических субсидий экспортирующей третьей страны, предоставленных в отношении этого товара, не превышает 2 процентов от его стоимости в расчете на единицу товара или доля импорта этого товара из такой третьей страны в общем объеме импорта этого товара на таможенную территорию Союза составляет менее 4 процентов при условии, что суммарная доля в импорте этого товара на таможенную территорию Союза из развивающихся и наименее развитых стран, на долю каждой из которых приходится менее 4 процентов от общего объема импорта этого товара на таможенную территорию Союза, не превышает 9 процентов от общего объема импорта этого товара на таможенную территорию Союза.

      230. Орган, проводящий расследования, до принятия решения по результатам компенсационного расследования информирует всех заинтересованных лиц об основных выводах, сделанных в ходе расследования с учетом необходимости защиты конфиденциальной информации и предоставляет возможность дать свои комментарии.

      Срок предоставления комментариев заинтересованных лиц устанавливается органом, проводящим расследования, но не может составлять менее 15 календарных дней.

5. Особенности определения отрасли экономики
государств-членов в случае демпингового
или субсидируемого импорта

      231. При проведении антидемпингового или компенсационного расследования отрасль экономики государств-членов понимается в значении, установленном статьей 49 Договора, за исключением случаев, указанных в пунктах 232 и 233 настоящего Протокола.

      232. В случае если производители аналогичного товара в государствах-членах одновременно являются импортерами товара, предположительно являющегося предметом демпингового или субсидируемого импорта, или связаны с экспортерами или импортерами товара, предположительно являющегося предметом демпингового или субсидируемого импорта, под отраслью экономики государств-членов могут пониматься только остальные производители аналогичного товара в государствах-членах.

      Производители аналогичного товара в государствах-членах рассматриваются в качестве связанных с экспортерами или импортерами товара, предположительно являющегося предметом демпингового или субсидируемого импорта, в случае если:

      отдельные производители аналогичного товара в государствах-членах прямо либо косвенно контролируют экспортеров или импортеров товара, являющегося объектом расследования;

      отдельные экспортеры или импортеры товара, являющегося объектом расследования, прямо или косвенно контролируют производителей аналогичного товара в государствах-членах;

      отдельные производители аналогичного товара в государствах-членах и экспортеры или импортеры товара, являющегося объектом расследования, прямо или косвенно контролируются третьим лицом;

      отдельные производители аналогичного товара в государствах-членах и иностранные производители, экспортеры или импортеры товара, являющегося объектом расследования, прямо или косвенно контролируют третье лицо при условии, что орган, проводящий расследования, имеет основания полагать, что такой связью обуславливается отличающееся от несвязанных лиц поведение таких производителей.

      233. В исключительных случаях при определении отрасли экономики государств-членов территория этих государств может рассматриваться как территория, на которой функционируют 2 или более территориально обособленных конкурирующих рынка, а производители в государствах-членах в пределах одного из указанных рынков могут рассматриваться как отдельная отрасль экономики государств-членов, если такие производители продают на таком рынке в целях потребления или переработки не менее 80 процентов аналогичного товара, производимого ими, и спрос на таком рынке на аналогичный товар не удовлетворяется в значительной мере производителями такого товара, находящимися на остальной территории государств-членов.

      В таких случаях наличие материального ущерба отрасли экономики государств-членов, угрозы его причинения или существенного замедления создания отрасли экономики государств-членов вследствие демпингового или субсидируемого импорта может быть установлено, даже если основной части отрасли экономики государств-членов не причинен ущерб, при условии, что продажа товара, являющегося предметом демпингового или субсидируемого импорта, сконцентрирована на одном из указанных конкурирующих рынков и демпинговый или субсидируемый импорт причиняет ущерб всем или почти всем производителям аналогичного товара в государствах-членах в пределах одного такого рынка.

      234. В случае если отрасль экономики государств-членов понимается в значении, установленном пунктом 233 настоящего Протокола, и по результатам расследования принимается решение о применении антидемпинговой или компенсационной меры, такая мера может применяться в отношении всего импорта товара на таможенную территорию Союза.

      В указанном случае антидемпинговая или компенсационная пошлина вводится только после предоставления органом, проводящим расследования, экспортерам товара возможности прекратить экспорт на данную территорию такого товара по демпинговым ценам (при демпинговом импорте) или по субсидируемым ценам (при субсидируемом импорте) либо принять соответствующие обязательства в отношении условий экспорта на таможенную территорию Союза при условии, что такая возможность экспортерами не была использована.

6. Публичные слушания

      235. На основании ходатайства, представленного любым из участников расследования в письменной форме и в установленный настоящим Протоколом срок, орган, проводящий расследования, обеспечивает проведение публичных слушаний.

      236. Орган, проводящий расследования, обязан направить участникам расследования уведомление о времени и месте проведения публичных слушаний, а также перечень вопросов, рассматриваемых в ходе проведения публичных слушаний.

      Дата проведения публичных слушаний назначается не ранее чем через 15 календарных дней с даты направления соответствующего уведомления.

      237. В публичных слушаниях вправе принимать участие участники расследования или их представители, а также лица, привлеченные ими в целях предоставления имеющихся у них сведений, относящихся к расследованию.

      В ходе публичных слушаний участники расследования могут изложить свое мнение и предоставить доказательства, относящиеся к расследованию. Представитель органа, проводящего расследования, вправе задавать участникам публичных слушаний вопросы, касающиеся существа сообщаемых ими фактов. Участники расследования также вправе задавать друг другу вопросы и обязаны давать на них ответы. Участники публичных слушаний не обязаны разглашать информацию, признаваемую конфиденциальной.

      238. Сведения, предоставленные в ходе публичных слушаний в устной форме, принимаются во внимание в ходе расследования, если в течение 15 календарных дней после даты проведения публичных слушаний они были предоставлены участниками расследования в орган, проводящий расследования, в письменной форме.

7. Сбор информации в ходе расследования

      239. После принятия решения о начале антидемпингового или компенсационного расследования орган, проводящий расследования, направляет известным ему экспортерам и (или) производителям товара, являющегося объектом расследования, перечень вопросов, на которые они должны ответить.

      Перечень вопросов направляется также производителям аналогичного или непосредственно конкурирующего товара (в случае проведения специального защитного расследования) либо аналогичного товара (в случае проведения антидемпингового или компенсационного расследования) в государствах-членах.

      В случае необходимости перечень вопросов может быть направлен также импортерам и потребителям товара, являющегося объектом расследования.

      240. Указанные в пункте 239 настоящего Протокола лица, которым был направлен перечень вопросов, обязаны в течение 30 календарных дней с даты его получения представить свои ответы в орган, проводящий расследования.

      По мотивированной и изложенной в письменной форме просьбе лиц, указанных в пункте 239 настоящего Протокола, данный срок может быть продлен органом, проводящим расследования, не более чем на 14 календарных дней.

      241. Перечень вопросов считается полученным экспортером и (или) производителем товара с даты передачи непосредственно представителю экспортера и (или) производителя или через 7 календарных дней с даты его отправки по почте.

      Ответы на включенные в перечень вопросы считаются полученными органом, проводящим расследования, если они поступили в орган, проводящий расследования, в конфиденциальной и неконфиденциальной версиях не позднее 7 календарных дней с даты истечения указанного в пункте 240 настоящего Протокола 30-дневного срока или с даты истечения срока продления.

      242. Орган, проводящий расследования, убеждается в точности и достоверности информации, представленной заинтересованными лицами в ходе расследования.

      В целях проверки информации, представленной в ходе расследования, или получения дополнительной информации, связанной с проводимым расследованием, орган, проводящий расследования, в случае необходимости может провести проверку:

      на территории третьей страны при условии получения согласия соответствующих иностранных экспортеров и (или) производителей товара, являющегося объектом расследования, и отсутствия возражений со стороны третьей страны, которая была официально уведомлена о предстоящей проверке;

      на территории государства-члена при условии получения согласия соответствующих импортеров товара, являющегося объектом расследования, и (или) производителей аналогичного или непосредственно конкурирующего товара (в случае проведения специального защитного расследования) либо аналогичного товара (в случае проведения антидемпингового или компенсационного расследования).

      Проверка осуществляется после получения ответов на перечни вопросов, направляемые в соответствии с пунктом 239 настоящего Протокола, за исключением случаев, когда иностранный производитель или экспортер добровольно соглашается на проведение проверки до направления таких ответов и при отсутствии возражения со стороны соответствующей третьей страны.

      После получения согласия соответствующих участников расследования и до начала проверки им направляется список документов и материалов, которые должны быть представлены сотрудникам, направленным на проведение проверки. Орган, проводящий расследования, уведомляет третью страну об адресах и наименованиях иностранных экспортеров или производителей, которых планируется проверить, а также о датах проведения таких проверок.

      В ходе проверки могут запрашиваться также другие документы и материалы, необходимые для подтверждения достоверности представленной в ответах на перечень вопросов информации.

      В случае если при проведении проверки орган, проводящий расследования, намеревается привлечь для такой проверки экспертов, не являющихся сотрудниками данного органа, участники расследования, в отношении которых предполагается осуществить проверочные действия, должны быть заблаговременно уведомлены о таком решении органа, проводящего расследования. Участие таких экспертов в проверке допускается только при наличии возможности применения санкций за нарушение ими конфиденциальности информации, полученной в связи с проверкой.

      Сноска. Пункт 242 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      243. В целях проверки представленной в ходе расследования информации или получения дополнительной информации, связанной с проводимым расследованием, орган, проводящий расследования, вправе направлять своих представителей в место нахождения заинтересованных лиц, проводить сбор информации, консультации и переговоры с заинтересованными лицами, знакомиться с образцами товара и предпринимать иные необходимые для проведения расследования действия.

8. Предоставление информации уполномоченными органами
государств-членов, дипломатическими и торговыми
представительствами государств-членов

      244. Для целей настоящего подраздела под уполномоченными органами государств-членов понимаются органы государственной власти (управления) и территориальные (местные) органы государственной власти (управления) государств-членов, уполномоченные в области таможенного дела, статистики, налогообложения, регистрации юридических лиц и в других областях.

      245. Уполномоченные органы государств-членов, дипломатические и торговые представительства государств-членов в третьих странах предоставляют органу, проводящему расследования, по его запросам информацию, предусмотренную настоящим Протоколом, необходимую для начала и проведения специальных защитных, антидемпинговых и компенсационных расследований (в том числе повторных), подготовки предложений по результатам проведенных расследований, мониторинга эффективности введенных специальных защитных, антидемпинговых и компенсационных мер и контроля за соблюдением обязательств, одобренных Комиссией.

      246. Уполномоченные органы государств-членов, дипломатические и торговые представительства государств-членов в третьих странах обязаны:

      1) в течение 30 календарных дней с момента получения запроса органа, проводящего расследования, представлять имеющиеся в их распоряжении сведения или предупреждать о невозможности представления сведений с указанием причин отказа. По мотивированной просьбе органа, проводящего расследования, запрошенные сведения должны быть представлены в более короткие сроки;

      2) обеспечивать полноту и достоверность представляемых сведений и при необходимости оперативно представлять соответствующие дополнения и изменения.

      247. Уполномоченные органы государств-членов, дипломатические и торговые представительства государств-членов в третьих странах в рамках своей компетенции представляют органу, проводящему расследования, информацию по запрашиваемым временным периодам, включая:

      1) статистические данные о внешней торговле;

      2) данные из деклараций на товары с разбивкой по таможенным процедурам с указанием натуральных и стоимостных показателей ввоза (вывоза) товара, коммерческого наименования товара, условий поставки, страны происхождения (страны отправления, страны назначения), наименования и других учетных реквизитов отправителя и получателя;

      3) информацию о внутреннем рынке товара, являющегося объектом расследования, и соответствующей отрасли экономики государств-членов (в том числе данные по объемам производства товара, загрузке производственных мощностей, реализации товара, себестоимости товара, прибылям и убыткам национальных предприятий государств-членов, ценам товара на внутреннем рынке государств-членов, рентабельности производства, численности персонала, инвестициям, перечне производителей товара);

      4) информацию об оценке последствий возможного введения или невведения специальной защитной, антидемпинговой или компенсационной меры по результатам соответствующего расследования на рынок товара, являющегося объектом расследования, государств-членов, а также прогноз производственной деятельности национальных предприятий государств-членов.

      248. Указанный в пункте 247 настоящего Протокола перечень информации не является исчерпывающим. В случае необходимости орган, проводящий расследования, вправе запросить иную информацию.

      249. Переписка по вопросам реализации настоящего подраздела и представление информации по запросам органа, проводящего расследования, осуществляются на русском языке. По отдельным реквизитам (показателям), содержащим иностранные наименования, допускается предоставление информации с использованием букв латинского алфавита.

      250. Представление информации осуществляется преимущественно на электронных носителях. При отсутствии возможности представления информации на электронном носителе она передается на бумажном носителе. Информация, которая запрашивается в табличной форме (статистическая и таможенная информация), представляется в формате, указанном в запросе органа, проводящего расследования. В случае если представление информации в таком формате невозможно, уполномоченные органы государств-членов, дипломатические и торговые представительства государств-членов в третьих странах уведомляют об этом орган, проводящий расследования, и представляют запрашиваемую информацию в ином формате.

      251. Запросы в уполномоченные органы государств-членов, дипломатические и торговые представительства государств-членов в третьих странах о предоставлении информации оформляются в письменном виде на бланке органа, проводящего расследования, с указанием цели, правовых оснований и срока предоставления информации и подписываются руководителем (заместителем руководителя) органа, проводящего расследования.

      252. Информация по запросам органа, проводящего расследования, предоставляется уполномоченными органами государств-членов, дипломатическими и торговыми представительствами государств-членов в третьих странах на безвозмездной основе.

      253. Передача информации осуществляется путем использования согласованных между обменивающимися органами средств, доступных на момент передачи и обеспечивающих сохранность и защиту информации от несанкционированного доступа. В случае направления информации посредством факсимильной связи оригинал документа должен быть также направлен почтовой связью.

9. Конфиденциальная информация

      254. Информация, отнесенная законодательством государства-члена к конфиденциальной (включая коммерческую, налоговую и другую конфиденциальную информацию), за исключением государственной тайны (государственных секретов), или к служебной информации ограниченного распространения, представляется в орган, проводящий расследования, с соблюдением требований, установленных законодательством государства-члена в отношении такой информации.

      Орган, проводящий расследования, обеспечивает необходимый уровень защиты такой информации.

      255. Информация, представляемая заинтересованным лицом в орган, проводящий расследования, рассматривается в качестве конфиденциальной при представлении этим лицом обоснований, свидетельствующих в том числе о том, что раскрытие такой информации предоставит конкурентное преимущество третьему лицу либо повлечет за собой неблагоприятные последствия для лица, представившего такую информацию, или для лица, у которого им получена такая информация.

      256. Заинтересованные лица, представляющие конфиденциальную информацию, обязаны вместе с ней представлять неконфиденциальную версию такой информации.

      Неконфиденциальная версия должна быть достаточно подробной для понимания существа информации, представленной в конфиденциальном виде.

      В исключительных случаях, когда заинтересованное лицо не может представить неконфиденциальную версию конфиденциальной информации, оно должно представить обоснование с подробным изложением причин, по которым представление неконфиденциальной версии невозможно.

      257. В случае если орган, проводящий расследования, установит, что обоснования, представленные заинтересованным лицом, не позволяют отнести представленную информацию к конфиденциальной, либо заинтересованное лицо, не представившее неконфиденциальную версию конфиденциальной информации, не представляет обоснование невозможности представления конфиденциальной информации в неконфиденциальном виде или представляет сведения, которые не являются таким обоснованием, орган, проводящий расследования, может не учитывать эту информацию.

      258. Орган, проводящий расследования, обязан не разглашать и не передавать третьим лицам конфиденциальную информацию без письменного согласия представившего такую информацию заинтересованного лица или указанных в пункте 244 настоящего Протокола уполномоченных органов государств-членов и дипломатических и торговых представительств государств-членов в третьих странах.

      За разглашение, использование с целью извлечения личной выгоды, иное нецелевое использование конфиденциальной информации, представленной в целях проведения расследования органу, проводящему расследования, заявителями, участниками расследований, заинтересованными лицами или указанными в пункте 244 настоящего Протокола уполномоченными органами государств-членов и дипломатическими и торговыми представительствами государств-членов в третьих странах, должностные лица и сотрудники органа, проводящего расследования, могут быть лишены привилегий и иммунитетов, предусмотренных международным договором в рамках Союза о привилегиях и иммунитетах, и привлечены к ответственности в порядке, утверждаемом Комиссией.

      Настоящий Протокол не препятствует раскрытию органом, проводящим расследования, информации, содержащей причины, лежащие в основе принятия решений Комиссии, или доказательства, на которые полагалась Комиссия, в той степени, в которой это необходимо для разъяснения этих причин или доказательств в Суде Союза.

      Порядок использования и защиты конфиденциальной информации в органе, проводящем расследования, утверждается Комиссией.

10. Заинтересованные лица

      259. Заинтересованными лицами при проведении расследования являются:

      1) производитель аналогичного или непосредственно конкурирующего товара (при проведении специального защитного расследования) либо аналогичного товара (при проведении антидемпингового или компенсационного расследования) в государствах-членах;

      2) объединение производителей, большинство участников которого являются производителями аналогичного или непосредственно конкурирующего товара (при проведении специального защитного расследования) либо аналогичного товара (при проведении антидемпингового или компенсационного расследования) в государствах-членах;

      3) объединение производителей, участники которого осуществляют производство более 25 процентов от общего объема производства аналогичного или непосредственно конкурирующего товара (при проведении специального защитного расследования) либо аналогичного товара (при проведении антидемпингового или компенсационного расследования) в государствах-членах;

      4) экспортер, иностранный производитель или импортер товара, являющегося объектом расследования, и объединение иностранных производителей, экспортеров или импортеров товаров, существенная часть участников которого являются производителями, экспортерами или импортерами данного товара из экспортирующей третьей страны или страны происхождения товара;

      5) уполномоченный орган экспортирующей третьей страны либо страны происхождения товара;

      6) потребители товара, являющегося объектом расследования (если они используют такой товар при производстве продукции), и объединения таких потребителей в государствах-членах;

      7) общественные объединения потребителей (если товар является предметом потребления преимущественно физическими лицами).

      260. Заинтересованные лица действуют в ходе расследования самостоятельно или через своих представителей, у которых имеются должным образом оформленные полномочия.

      Если заинтересованное лицо в ходе расследования действует через уполномоченного представителя, орган, проводящий расследования, доводит до сведения заинтересованного лица всю информацию о предмете расследования только через этого представителя.

11. Уведомления о принимаемых
в связи с расследованиями решениях

      261. Орган, проводящий расследования, публикует на официальном сайте Союза в сети Интернет следующие уведомления о принимаемых в связи с расследованиями решениях:

      о начале расследования;

      о введении предварительной специальной, предварительной антидемпинговой или предварительной компенсационной пошлины;

      о возможном применении антидемпинговой пошлины в соответствии с пунктом 104 настоящего Протокола или возможном применении компенсационной пошлины в соответствии с пунктом 169 настоящего Протокола;

      о завершении специального защитного расследования;

      о завершении расследования, по результатам которого органом, проводящим расследования, сделано заключение о наличии оснований для введения антидемпинговой или компенсационной пошлины либо о целесообразности одобрения соответствующих обязательств;

      о завершении или приостановлении расследования в связи с одобрением соответствующих обязательств;

      о завершении расследования, по результатам которого органом, проводящим расследования, сделано заключение об отсутствии оснований для введения специальной защитной, антидемпинговой или компенсационной меры;

      об иных принимаемых в связи с расследованиями решениях.

      Такие уведомления также направляются уполномоченному органу экспортирующей третьей страны и другим заинтересованным лицам, известным органу, проводящему расследования.

      262. Уведомление о начале расследования публикуется в срок не более 10 рабочих дней с даты принятия органом, проводящим расследования, решения о начале расследования и должно содержать:

      1) полное описание товара, являющегося объектом расследования;

      2) наименование экспортирующей третьей страны;

      3) краткое изложение сведений, свидетельствующих о наличии возросшего импорта на таможенную территорию Союза и наличии серьезного ущерба отрасли экономики государств-членов или угрозы его причинения (при принятии решения о начале специального защитного расследования);

      4) краткое изложение сведений, свидетельствующих о наличии демпингового или субсидируемого импорта и наличии материального ущерба отрасли экономики государств-членов, или угрозы его причинения, или существенного замедления создания отрасли экономики государств-членов (при принятии решения о начале антидемпингового или компенсационного расследования);

      5) адрес, по которому заинтересованные лица могут направлять свое мнение и относящиеся к расследованию сведения;

      6) срок, который составляет 25 календарных дней и в течение которого орган, проводящий расследования, принимает от заинтересованных лиц заявления о намерении принять участие в расследовании;

      7) срок, который составляет 45 календарных дней и в течение которого орган, проводящий расследования, принимает от участников расследования ходатайства о проведении публичных слушаний;

      8) срок, который составляет 60 календарных дней и в течение которого орган, проводящий расследования, принимает от заинтересованных лиц в письменной форме комментарии и относящиеся к расследованию сведения.

      263. Уведомление о введении предварительной специальной, предварительной антидемпинговой или предварительной компенсационной пошлины публикуется в срок не более 3 рабочих дней с даты принятия такого решения Комиссией и должно содержать также следующую информацию:

      1) наименование экспортера товара, являющегося объектом расследования, либо наименование экспортирующей третьей страны (если наименование экспортера привести невозможно);

      2) достаточное для осуществления таможенного контроля описание товара, являющегося объектом расследования;

      3) основания для положительного заключения о наличии демпингового импорта с указанием размера демпинговой маржи и описанием оснований для выбора методологии расчета и сравнения нормальной стоимости товара и его экспортной цены (при введении предварительной антидемпинговой пошлины);

      4) основания для положительного заключения о наличии субсидируемого импорта с описанием факта наличия субсидии и указанием рассчитанного размера субсидии на единицу товара (при введении предварительной компенсационной пошлины);

      5) основания для установления наличия серьезного или материального ущерба отрасли экономики государств-членов, угрозы его причинения или существенного замедления создания отрасли экономики государств-членов;

      6) основания для установления причинно-следственной связи между возросшим импортом, демпинговым или субсидируемым импортом и соответственно серьезным или материальным ущербом отрасли экономики государств-членов, угрозой его причинения или существенным замедлением создания отрасли экономики государств-членов;

      7) основания для положительного заключения о наличии возросшего импорта (при введении предварительной специальной пошлины).

      264. Уведомление о возможном применении антидемпинговой пошлины в соответствии с пунктом 104 настоящего Протокола или уведомление о возможном применении компенсационной пошлины в соответствии с пунктом 169 настоящего Протокола должно содержать:

      1) достаточное для осуществления таможенного контроля описание товара, являющегося объектом расследования;

      2) наименование экспортера товара, являющегося объектом расследования, либо наименование экспортирующей третьей страны (если наименование экспортера привести невозможно);

      3) краткое изложение сведений, свидетельствующих о выполнении условий, указанных в пунктах 104 или 169 настоящего Протокола.

      265. Уведомление о завершении специального защитного расследования публикуется органом, проводящим расследования, в срок не более 3 рабочих дней с даты завершения расследования и должно содержать основные выводы, которые сделаны органом, проводящим расследования, на основании анализа информации, имеющейся в его распоряжении.

      266. Уведомление о завершении расследования, по результатам которого органом, проводящим расследования, сделано заключение о наличии оснований для введения антидемпинговой или компенсационной пошлины либо о целесообразности одобрения соответствующих обязательств, публикуется в срок не более 3 рабочих дней с даты завершения расследования и должно содержать:

      1) разъяснение окончательного заключения органа, проводящего расследования, о результатах расследования;

      2) указание на факты, на основании которых сделано такое заключение;

      3) информацию, указанную в пункте 263 настоящего Протокола;

      4) указание на причины принятия или непринятия в ходе расследования аргументов и требований экспортеров и импортеров товара, являвшегося объектом расследования;

      5) указание на причины принятия решений в соответствии с пунктами 48 – 51 настоящего Протокола.

      267. Уведомление о завершении или приостановлении расследования в связи с одобрением соответствующих обязательств публикуется в срок не более 3 рабочих дней с даты завершения или приостановления расследования и должно содержать неконфиденциальную версию этих обязательств.

      268. Уведомление о завершении расследования, по результатам которого органом, проводящим расследования, сделано заключение об отсутствии оснований для введения специальной защитной, антидемпинговой или компенсационной меры, публикуется в срок не более 3 рабочих дней с даты завершения расследования и должно содержать:

      1) разъяснение окончательного заключения органа, проводящего расследования, о результатах расследования;

      2) указание на факты, на основании которых сделано заключение, предусмотренное подпунктом 1 настоящего пункта.

      269. Уведомление о завершении расследования, по результатам которого принято решение о неприменении меры в соответствии с пунктом 272 настоящего Протокола, публикуется в срок не более 3 рабочих дней с даты принятия такого решения и должно содержать разъяснение причин принятия Комиссией решения о неприменении специальной защитной, антидемпинговой или компенсационной меры с указанием фактов и выводов, на основании которых принято такое решение.

      270. Орган, проводящий расследования, обеспечивает направление в установленном порядке в компетентные органы Всемирной торговой организации всех уведомлений, предусмотренных Марракешским соглашением об учреждении Всемирной торговой организации от 15 апреля 1994 года в части проводимых расследований и применяемых мер.

      271. Положения пунктов 261 – 270 настоящего Протокола с учетом соответствующих различий применяются к уведомлениям о начале и завершении повторных расследований.

VII. Неприменение специальной защитной,
антидемпинговой и компенсационной меры

      272. Комиссия по результатам расследования может принять решение о неприменении специальной защитной, антидемпинговой или компенсационной меры, даже в случае, если применение такой меры соответствует критериям, установленным настоящим Протоколом.

      Указанное решение может быть принято Комиссией в случае, если органом, проводящим расследования, по результатам анализа всей информации, предоставленной заинтересованными лицами, подготовлено заключение о том, что применение такой меры может причинить ущерб интересам государств-членов. Такое решение может быть пересмотрено, в случае если причины, послужившие основой его принятия, изменились.

      Сноска. Пункт 272 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      273. Заключение, указанное в абзаце втором пункта 272 настоящего Протокола, должно основываться на результатах совокупной оценки интересов отрасли экономики государств-членов, потребителей товара, являющегося объектом расследования (если они используют такой товар при производстве продукции), и объединений таких потребителей в государствах-членах, общественных объединений потребителей (если товар является предметом потребления преимущественно физическими лицами) и импортеров данного товара. При этом такое заключение может быть сделано только после того, как указанным лицам была предоставлена возможность дать свои комментарии по данному вопросу в соответствии с пунктом 274 настоящего Протокола.

      При подготовке такого заключения особое значение должно уделяться необходимости устранения искажающего влияния возросшего, демпингового или субсидируемого импорта на обычный ход торговли и состояние конкуренции на соответствующем товарном рынке государств-членов и на положение отрасли экономики государств-членов.

      274. В целях применения положений пункта 272 настоящего Протокола производители аналогичного или непосредственно конкурирующего товара (при проведении специального защитного расследования) либо аналогичного товара (при проведении антидемпингового или компенсационного расследования) в государствах-членах, их объединения, импортеры и объединения импортеров товара, являющегося объектом расследования, потребители товара, являющегося объектом расследования (если они используют такой товар при производстве продукции), и объединения таких потребителей в государствах-членах, общественные объединения потребителей (если товар является предметом потребления преимущественно физическими лицами) имеют право в течение срока, установленного в уведомлении, публикуемом в соответствии с пунктом 262 настоящего Протокола, предоставить свои комментарии и информацию по данному вопросу. Такие комментарии и информация или их неконфиденциальная версия в соответствующих случаях должны быть предоставлены для ознакомления другим заинтересованным лицам, указанным в настоящем пункте, которые вправе предоставить свои ответные комментарии.

      Информация, предоставляемая в соответствии с настоящим пунктом, должна приниматься во внимание независимо от ее источника при условии наличия объективных фактов, подтверждающих ее достоверность.

VIII. Заключительные положения
1. Особенности обжалования в судебном порядке решений
о применении специальных защитных, антидемпинговых
и компенсационных мер

      275. Порядок и особенности рассмотрения дел об оспаривании решения Комиссии и (или) действия (бездействия) Комиссии, связанных с применением специальных защитных, антидемпинговых и компенсационных мер, определяется Статутом Суда Союза (приложение № 2 к Договору) и регламентом Суда Союза.

2. Исполнение решений Суда Союза

      276. Комиссия принимает необходимые меры для исполнения решений Суда Союза, касающихся применения специальных защитных, антидемпинговых и компенсационных мер. Решение Комиссии, признанное Судом Союза не соответствующим Договору и (или) международным договорам в рамках Союза, приводится Комиссией в соответствие с Договором и (или) международными договорами в рамках Союза путем проведения по инициативе органа, проводящего расследования, повторного расследования, в части, необходимой для исполнения решения Суда Союза.

      При проведении повторного расследования с учетом соответствующих различий применяются положения, относящиеся к проведению расследования.

      Срок проведения повторного расследования, предусмотренного настоящим пунктом, как правило, не превышает 9 месяцев.

3. Администрирование процедур расследования

      277. В целях реализации настоящего Протокола Комиссия принимает решения относительно процедур начала, проведения, завершения и (или) приостановления расследования. Принятые решения Комиссии не должны изменять положения Договора или противоречить им.

  Приложение
к Протоколу о применении
специальных защитных,
антидемпинговых и компенсационных
мер по отношению к третьим
странам



Положение
о зачислении и распределении специальных,
антидемпинговых, компенсационных пошлин

      Сноска. В положении по тексту слово "плательщик" в соответствующих числе и падеже исключены Законом РК от 14.06.2021 № 50-VII.

I. Общие положения

      1. Настоящее Положение определяет порядок зачисления и распределения между государствами-членами сумм установленных в соответствии с разделом IX Договора о Евразийском экономическом союзе (далее – Договор) специальных, антидемпинговых, компенсационных пошлин. Указанный порядок применяется также в отношении сумм пеней (процентов), начисленных на суммы специальных, антидемпинговых, компенсационных пошлин в случаях и порядке, предусмотренных в соответствии с Таможенным кодексом Евразийского экономического союза.

      2. Понятия, используемые в настоящем Положении, применяются в значениях, определенных Протоколом о порядке зачисления и распределения сумм ввозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное действие), их перечисления в доход бюджетов государств-членов (приложение № 5 к Договору), Протоколом о применении специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам (приложение № 8 к Договору) и Таможенным кодексом Евразийского экономического Союза.

II. Зачисление и учет сумм специальных,
антидемпинговых, компенсационных пошлин

      3. С даты вступления в силу решения Комиссии о применении специальной защитной, антидемпинговой, компенсационной меры суммы специальных, антидемпинговых, компенсационных пошлин (за исключением предварительных специальных, предварительных антидемпинговых, предварительных компенсационных пошлин), обязанность по уплате которых в отношении товаров, ввозимых на таможенную территорию Союза, возникла с даты начала применения соответствующей меры, подлежат зачислению, распределению и перечислению в бюджеты государств-членов в порядке и по нормативам, которые определены Протоколом о порядке зачисления и распределения сумм ввозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное действие), их перечисления в доход бюджетов государств-членов (приложение № 5 к Договору), с учетом особенностей, установленных настоящим Положением.

      4. При неперечислении или неполном перечислении в бюджет других государств-членов сумм распределенных специальных, антидемпинговых, компенсационных пошлин в установленные сроки и непоступлении информации от уполномоченного органа этого государства-члена об отсутствии сумм специальных, антидемпинговых, компенсационных пошлин применяются положения пунктов 20 – 28 Протокола о порядке зачисления и распределения сумм ввозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное действие), их перечисления в доход бюджетов государств-членов (приложение № 5 к Договору), установленные для зачисления и распределения между государствами-членами сумм ввозных таможенных пошлин.

      5. Суммы специальных, антидемпинговых, компенсационных пошлин подлежат зачислению в национальной валюте на единый счет уполномоченного органа государства-члена, в котором они подлежат уплате в соответствии с Таможенным кодексом Евразийского экономического союза, в том числе при взыскании таких пошлин.

      6. Специальные, антидемпинговые, компенсационные пошлины уплачиваются на единый счет уполномоченного органа государства-члена, в котором они подлежат уплате в соответствии с Таможенным кодексом Евразийского экономического союза, отдельными расчетными (платежными) документами (инструкциями).

      7. В счет уплаты специальных, антидемпинговых, компенсационных пошлин могут быть зачтены авансовые платежи, вывозные таможенные пошлины, налоги и сборы, а также иные платежи (за исключением ввозных таможенных пошлин), уплаченные в соответствии с законодательством государства-члена и поступившие на единый счет уполномоченного органа.

      Суммы денежных средств (денег), поступившие на единый счет уполномоченного органа в качестве специальных, антидемпинговых, компенсационных пошлин, но не идентифицированные в разрезе сумм специальных, антидемпинговых, компенсационных пошлин в отношении конкретных товаров, для целей настоящего Положения рассматриваются в качестве специальных, антидемпинговых, компенсационных пошлин.

      Если зачет авансовых платежей в счет уплаты специальных, антидемпинговых, компенсационных пошлин осуществляется на основании распоряжения лица, внесшего авансовые платежи, в отношении товаров, помещаемых под таможенную процедуру, зачет таких платежей на едином счете уполномоченного органа производится в соответствии с законодательством государства-члена, в котором специальные, антидемпинговые, компенсационные пошлины подлежат уплате, не позднее 5 рабочих дней со дня, следующего за днем выпуска товаров таможенным органом государства-члена, а в случае, если выпуск товаров был произведен до подачи декларации на товары, -не позднее 5 рабочих дней со дня, следующего за днем направления таможенным органом государства-члена декларанту электронного документа либо проставления соответствующих отметок на декларации на товары, поданной на бумажном носителе, и (или) коммерческих, транспортных (перевозочных) документах, содержащих сведения о выпуске товаров до подачи декларации на товары.

      В соответствии с Протоколом о порядке зачисления и распределения сумм ввозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное действие), их перечисления в доход бюджетов государств-членов (приложение № 5 к Договору) в счет погашения задолженности по уплате специальных, антидемпинговых, компенсационных пошлин могут быть зачтены суммы ввозных таможенных пошлин, подлежащие возврату в соответствии с Таможенным кодексом Евразийского экономического союза.

      Сноска. Пункт 7 – в редакции Закона РК от 14.06.2021 № 50-VII.
      8. Утратил силу Законом РК от 14.06.2021 № 50-VII.

      9. Уполномоченные органы обособленно учитывают:

      1) суммы поступлений (возвратов, зачетов в счет погашения задолженности по уплате таможенных платежей, а также пеней (процентов) (далее - зачет в счет погашения задолженности) специальных, антидемпинговых, компенсационных пошлин на едином счете уполномоченного органа;

      2) суммы распределенных специальных, антидемпинговых, компенсационных пошлин, перечисленные на счета в иностранной валюте других государств-членов;

      3) суммы зачисленных в бюджет государства-члена поступлений от распределения этим государством-членом специальных, антидемпинговых, компенсационных пошлин;

      4) суммы специальных, антидемпинговых, компенсационных пошлин, поступившие в бюджет государства-члена от других государств-членов;

      5) суммы поступивших в бюджеты государств-членов процентов за нарушение настоящего Положения, повлекшее неисполнение, неполное и (или) несвоевременное исполнение обязательств государства-члена по перечислению сумм от распределения специальных, антидемпинговых, компенсационных пошлин;

      6) суммы специальных, антидемпинговых, компенсационных пошлин, перечисление которых на счета в иностранной валюте других государств-членов приостановлено.

      Сноска. Пункт 9 с изменением внесенным Законом РК от 14.06.2021 № 50-VII.

      10. Суммы поступлений, указанные в пункте 9 настоящего Положения, обособленно отражаются в отчетности об исполнении бюджета каждым из государств-членов.

      11. Суммы специальных, антидемпинговых, компенсационных пошлин, поступившие на единый счет уполномоченного органа в последний рабочий день календарного года государства-члена, отражаются в отчете об исполнении бюджета за отчетный год.

      12. Суммы распределенных специальных, антидемпинговых, компенсационных пошлин за последний рабочий день календарного года государства-члена перечисляются не позднее второго рабочего дня текущего года государства-члена в бюджет этого государства-члена и на счета в иностранной валюте других государств-членов, а также отражаются в отчете об исполнении бюджета за отчетный год.

      13. Суммы доходов от распределения специальных, антидемпинговых, компенсационных пошлин, поступившие в бюджет государства-члена от уполномоченных органов других государств-членов за последний рабочий день календарного года других государств-членов, отражаются в отчете об исполнении бюджета за текущий год.

      14. На денежные средства, находящиеся на едином счете уполномоченного органа, не может быть обращено взыскание в порядке исполнения судебных актов или каким-либо иным способом, за исключением случаев взыскания задолженности по уплате таможенных платежей, специальных, антидемпинговых, компенсационных пошлин, а также пеней (процентов) в соответствии с Таможенным кодексом Евразийского экономического союза.

      15. Предварительная специальная, предварительная антидемпинговая, предварительная компенсационная пошлины уплачиваются (взыскиваются) в национальной валюте на счет, определенный законодательством государства-члена, таможенными органами которого взимаются предварительная специальная, предварительная антидемпинговая, предварительная компенсационная пошлины.

      16. В установленных Протоколом о применении специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам (приложение № 8 к Договору) случаях суммы уплаченных (взысканных) предварительных специальных, предварительных антидемпинговых, предварительных компенсационных пошлин, а также суммы антидемпинговых, компенсационных пошлин, уплаченных в порядке, установленном для взимания соответствующих видов предварительных пошлин, подлежат зачету в специальные, антидемпинговые, компенсационные пошлины и зачислению на единый счет уполномоченного органа того государства-члена, в котором они были уплачены, не позднее 30 рабочих дней с даты вступления в силу соответствующего решения Комиссии о применении (продлении, распространении на составные части и (или) производные товара) специальной защитной, антидемпинговой, компенсационной меры.

      В установленных Протоколом о применении специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам (приложение № 8 к Договору) случаях суммы обеспечения уплаты антидемпинговых пошлин подлежат зачету в антидемпинговые пошлины и зачислению на единый счет уполномоченного органа того государства-члена, в котором они были уплачены, не позднее 30 рабочих дней с даты вступления в силу соответствующего решения Комиссии о применении антидемпинговой меры.

III. Возврат сумм специальных, антидемпинговых
и компенсационных пошлин

      17. Возврат (зачет) сумм предварительных специальных, предварительных антидемпинговых, предварительных компенсационных пошлин, а также антидемпинговых, компенсационных пошлин, взимаемых в порядке, установленном для взимания предварительных антидемпинговых, предварительных компенсационных пошлин, осуществляется в соответствии с Таможенным кодексом Евразийского экономического союза в случаях, определенных Протоколом о применении специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам (приложение № 8 к Договору).

      Сноска. Пункт 17 – в редакции Закона РК от 14.06.2021 № 50-VII.

      18. Возврат (зачет) сумм специальных, антидемпинговых, компенсационных пошлин осуществляется в соответствии с Таможенным кодексом Евразийского экономического союза с учетом настоящего Положения.

      Суммы специальных, антидемпинговых, компенсационных пошлин, подлежащие возврату в соответствии с Таможенным кодексом Евразийского экономического союза, не могут быть зачтены в счет уплаты иных платежей, кроме зачета в счет погашения задолженности.

      Сноска. Пункт 18 – в редакции Закона РК от 14.06.2021 № 50-VII.

      19. Возврат сумм специальных, антидемпинговых, компенсационных пошлин, их зачет в счет погашения задолженности осуществляются с единого счета уполномоченного органа в текущем дне в пределах сумм специальных, антидемпинговых, компенсационных пошлин, поступивших на единый счет уполномоченного органа, а также зачтенных в счет уплаты специальных, антидемпинговых, компенсационных пошлин в отчетном дне, с учетом сумм возврата специальных, антидемпинговых, компенсационных пошлин, не принятых национальным (центральным) банком государства-члена к исполнению в отчетном дне, за исключением случаев, установленных пунктом 20 настоящего Положения.

      20. Возврат сумм специальных, антидемпинговых, компенсационных пошлин, их зачет в счет погашения задолженности осуществляются с единого счета уполномоченного органа Республики Казахстан в отчетном дне в пределах сумм специальных, антидемпинговых, компенсационных пошлин, поступивших (зачтенных) на единый счет уполномоченного органа Республики Казахстан в день осуществления возврата (зачета).

      21. Определение сумм возврата специальных, антидемпинговых, компенсационных пошлин, подлежащих возврату и (или) зачету в счет погашения задолженности, в текущем дне осуществляется до распределения сумм поступивших специальных, антидемпинговых, компенсационных пошлин между государствами-членами.

      22. При недостаточности средств для осуществления возврата специальных, антидемпинговых, компенсационных пошлин и (или) зачета в счет погашения задолженности в соответствии с пунктами 19 и 20настоящего Положения указанный возврат (зачет) осуществляется государством-членом в последующие рабочие дни.

      Пени (проценты) за несвоевременный возврат специальных, антидемпинговых, компенсационных пошлин выплачиваются из бюджета соответствующего государства-члена и не включаются в состав специальных, антидемпинговых, компенсационных пошлин.

IV. Обмен информацией между
уполномоченными органами

      23. Обмен информацией между уполномоченными органами, необходимой для реализации настоящего Положения, осуществляется в соответствии с решением Комиссии, определяющим порядок, формы и сроки обмена такой информацией.

  ПРИЛОЖЕНИЕ № 9
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о техническом регулировании в рамках Евразийского экономического союза

      1. Настоящий Протокол разработан в соответствии с разделом X Договора о Евразийском экономическом союзе и определяет порядок, правила и процедуры технического регулирования в рамках Союза.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "аккредитация" – официальное признание органом по аккредитации компетентности органа по оценке соответствия (в том числе органа по сертификации, испытательной лаборатории (центра)) выполнять работы в определенной области оценки соответствия;

      "безопасность" – отсутствие недопустимого риска, связанного с возможностью причинения вреда и (или) нанесения ущерба;

      "выпуск продукции в обращение" – поставка или ввоз продукции (в том числе отправка со склада изготовителя или отгрузка без складирования) с целью распространения на территории Союза в ходе коммерческой деятельности на безвозмездной или возмездной основе;

      "государственный контроль (надзор) за соблюдением требований технических регламентов Союза" – деятельность уполномоченных органов государств-членов, направленная на предупреждение, выявление и пресечение нарушений требований технических регламентов Союза юридическими лицами, их руководителями и иными должностными лицами, физическими лицами, зарегистрированными в качестве индивидуальных предпринимателей, их уполномоченными представителями, осуществляемая посредством проведения проверок юридических лиц и физических лиц, зарегистрированных в качестве индивидуальных предпринимателей, и принятия предусмотренных законодательством государств-членов мер по пресечению и (или) устранению последствий выявленных нарушений, а также надзор за исполнением указанных требований, анализ и прогнозирование исполнения требований технических регламентов Союза при осуществлении деятельности юридическими лицами и физическими лицами, зарегистрированными в качестве индивидуальных предпринимателей;

      "декларация о соответствии техническим регламентам Союза" – документ, которым заявитель удостоверяет соответствие выпускаемой в обращение продукции требованиям технического регламента Союза (технических регламентов Союза);

      "декларирование соответствия" – форма обязательного подтверждения соответствия выпускаемой в обращение продукции требованиям технических регламентов Союза;

      "единый знак обращения продукции на рынке Союза" – обозначение, служащее для информирования приобретателей и потребителей о соответствии выпускаемой в обращение продукции требованиям технических регламентов Союза;

      "идентификация продукции" – процедура отнесения продукции к области применения технического регламента Союза и установления соответствия продукции технической документации на данную продукцию;

      "изготовитель" - юридическое лицо или физическое лицо, зарегистрированное в качестве индивидуального предпринимателя (в том числе иностранный изготовитель), которые изготавливают продукцию или по указанию которых осуществляется проектирование или изготовление продукции и которые реализуют данную продукцию под своим именем или товарным знаком и несут ответственность за ее соответствие требованиям технических регламентов Союза;

      "межгосударственный стандарт" – региональный стандарт, принятый Межгосударственным советом по стандартизации, метрологии и сертификации Содружества Независимых Государств;

      "международный стандарт" – стандарт, принятый международной организацией по стандартизации;

      "национальный (государственный) стандарт" – стандарт, принятый органом по стандартизации государства-члена;

      "объект технического регулирования" – продукция или продукция и связанные с требованиями к продукции процессы проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации;

      "обязательное подтверждение соответствия" – документальное удостоверение соответствия продукции и процессов проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации требованиям технических регламентов Союза;

      "обязательная сертификация" – форма обязательного подтверждения органом по сертификации соответствия объектов технического регулирования требованиям технических регламентов Союза;

      "орган по аккредитации" – орган или юридическое лицо, уполномоченные в соответствии с законодательством государства-члена на проведение аккредитации;

      "оценка соответствия" – прямое или косвенное определение соблюдения требований, предъявляемых к объекту технического регулирования;

      "продукция" – результат деятельности, представленный в материально-вещественной форме и предназначенный для дальнейшего использования в хозяйственных и иных целях;

      "региональный стандарт" – стандарт, принятый региональной организацией по стандартизации;

      "регистрация (государственная регистрация)" – форма оценки соответствия объектов технического регулирования требованиям технических регламентов Союза, осуществляемая уполномоченным органом государства-члена;

      "риск" – сочетание вероятности причинения вреда и последствий этого вреда для жизни или здоровья человека, имущества, окружающей среды, жизни или здоровья животных и растений;

      "свидетельство о регистрации (государственной регистрации)" – документ, подтверждающий соответствие объекта технического регулирования требованиям технического регламента Союза (технических регламентов Союза);

      "сертификат соответствия техническим регламентам Союза" – документ, которым орган по сертификации удостоверяет соответствие выпускаемой в обращение продукции требованиям технического регламента Союза (технических регламентов Союза);

      "стандарт" – документ, в котором в целях многократного использования устанавливаются характеристики продукции, правила осуществления и характеристики процессов проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации, выполнения работ или оказания услуг, правила и методы исследований (испытаний) и измерений, правила отбора образцов, требования к терминологии, символике, упаковке, маркировке или этикеткам и правилам их нанесения;

      "технический регламент Союза" – документ, принятый Комиссией и устанавливающий обязательные для применения и исполнения на территории Союза требования к объектам технического регулирования;

      "техническое регулирование" – правовое регулирование отношений в области установления, применения и исполнения обязательных требований к продукции или к продукции и связанным с требованиями к продукции процессам проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации, а также правовое регулирование отношений в области оценки соответствия;

      "уполномоченное изготовителем лицо" – зарегистрированные в установленном законодательством государства-члена порядке на его территории юридическое лицо или физическое лицо в качестве индивидуального предпринимателя, которые на основании договора с изготовителем, в том числе иностранным изготовителем, осуществляют от имени этого изготовителя оценку соответствия и выпуск продукции в обращение, несут ответственность за несоответствие продукции требованиям технических регламентов Союза.

      Сноска. Пункт 2 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      3. Для объектов технического регулирования, в отношении которых не вступили в силу технические регламенты Союза, действуют нормы законодательства государств-членов или актов Комиссии.

      Особенности технического регулирования, оценки соответствия, стандартизации и аккредитации в отношении оборонной продукции (работ, услуг) для обеспечения интересов обороны и безопасности, в том числе поставляемой по государственному оборонному заказу, продукции (работ, услуг), используемой в целях защиты сведений, составляющих государственную тайну (государственные секреты) или относящихся к охраняемой в соответствии с законодательством государств-членов иной информации ограниченного доступа, продукции (работ, услуг), сведения о которой составляют государственную тайну (государственные секреты), продукции (работ, услуг) и объектов, для которых устанавливаются требования, связанные с обеспечением безопасности в области использования атомной энергии, а также процессов проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации, утилизации, захоронения указанной продукции и указанных объектов устанавливаются законодательством государств-членов.

      В технических регламентах Союза устанавливаются обязательные требования к объектам технического регулирования, а также правила идентификации продукции, формы, схемы и процедуры оценки соответствия.

      В качестве основы для разработки технических регламентов Союза применяются соответствующие международные стандарты (правила, директивы, рекомендации и иные документы, принятые международными организациями по стандартизации), за исключением случаев, когда соответствующие документы отсутствуют или не соответствуют целям принятия технических регламентов Союза, в том числе вследствие климатических и географических факторов или технологических и других особенностей. В случае отсутствия необходимых документов применяются региональные документы (регламенты, директивы, решения, стандарты, правила и иные документы), национальные (государственные) стандарты, национальные технические регламенты или их проекты.

      В технических регламентах Союза также могут содержаться требования к терминологии, упаковке, маркировке, этикеткам и правилам их нанесения, санитарные требования и процедуры, а также ветеринарно-санитарные и карантинные фитосанитарные требования, имеющие общий характер.

      В технических регламентах Союза могут содержаться специфические требования, отражающие особенности, связанные с характерными для государств-членов климатическими и географическими факторами или технологическими особенностями, и действующие только на территориях государств-членов.

      В технических регламентах Союза с учетом степени риска причинения вреда могут содержаться специальные требования к продукции или к продукции и связанным с требованиями к продукции процессам проектирования (включая изыскания), производства, строительства, монтажа, наладки, эксплуатации, хранения, перевозки, реализации и утилизации, требования к терминологии, упаковке, маркировке, этикеткам и правилам их нанесения, обеспечивающие защиту отдельных категорий граждан (несовершеннолетних, беременных женщин, кормящих матерей, инвалидов).

      Технический регламент Союза разрабатывается с учетом рекомендаций по содержанию и типовой структуре технического регламента Союза, утверждаемых Комиссией.

      Сноска. Пункт 3 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 30.01.2024 № 56-VIII.

      4. В целях выполнения требований технического регламента Союза Комиссия утверждает перечень международных и региональных (межгосударственных) стандартов, а в случае их отсутствия – национальных (государственных) стандартов, в результате применения которых на добровольной основе обеспечивается соблюдение требований технического регламента Союза (далее - перечень стандартов).

      Перечень стандартов не утверждается в случае, когда требования технического регламента Союза могут быть выполнены непосредственно.

      Применение на добровольной основе соответствующих стандартов, включенных в указанный перечень, является достаточным условием соблюдения требований соответствующего технического регламента Союза.

      Неприменение стандартов, включенных в указанный перечень, не может рассматриваться как несоблюдение требований технического регламента Союза.

      В случае неприменения стандартов, включенных в указанный перечень, оценка соответствия осуществляется на основе анализа рисков.

      В случае неприменения стандартов, включенных в указанный перечень, или в случае их отсутствия оценка соответствия осуществляется на основе анализа рисков с учетом рекомендаций, принимаемых Советом Комиссии.

      Перечень правил и методов исследований (испытаний) и измерений не утверждается в случаях, когда технический регламент Союза не содержит требований о проведении оценки соответствия либо когда оценка соответствия требованиям технического регламента Союза может быть осуществлена без проведения исследований (испытаний) и измерений.

      Разработка и принятие указанных перечней стандартов осуществляются в порядке, утверждаемом Комиссией.

      До разработки соответствующих межгосударственных стандартов в перечень правил и методов исследований (испытаний) и измерений могут включаться методики исследований (испытаний) и измерений, аттестованные (валидированные) и утвержденные в соответствии с законодательством государства-члена. Перечень указанных методик исследований (испытаний) и измерений предоставляется уполномоченными органами государств-членов в Комиссию.

      Международные и региональные стандарты применяются после принятия их в качестве межгосударственных или национальных (государственных) стандартов.

      Для целей соблюдения требований технических регламентов Союза государства-члены координируют работы по стандартизации, в том числе для применения стандартов, в порядке, утверждаемом Советом Комиссии.

      Сноска. Пункт 4 с изменениями, внесенными законами РК от 30.01.2024 № 56-VIII; от 19.04.2024 № 75-VIII.

      5. Оценка соответствия объектов технического регулирования, устанавливаемая в технических регламентах Союза, проводится в формах регистрации (государственной регистрации), испытаний, подтверждения соответствия, экспертизы и (или) в иной форме.

      Обязательное подтверждение соответствия осуществляется в формах декларирования соответствия и сертификации.

      Формы, схемы и процедуры оценки соответствия устанавливаются в технических регламентах Союза на основе типовых схем оценки соответствия, утверждаемых Комиссией.

      Оценка соответствия выпускаемой в обращение продукции требованиям технических регламентов Союза осуществляется до выпуска ее в обращение.

      Обязательное подтверждение соответствия проводится только в случаях, установленных соответствующим техническим регламентом Союза, и исключительно на соответствие требованиям технического регламента Союза.

      При оценке соответствия заявителем могут быть зарегистрированные на территории государства-члена в соответствии с его законодательством юридическое лицо или физическое лицо в качестве индивидуального предпринимателя, являющиеся изготовителем или продавцом либо уполномоченным изготовителем лицом.

      Уполномоченные изготовителями лица должны быть включены в единый реестр уполномоченных изготовителями лиц. Порядок формирования и ведения указанного реестра определяется Советом Комиссии.

      Круг заявителей устанавливается в соответствии с техническим регламентом Союза.

      Документы об оценке соответствия оформляются в электронном виде и (или) на бумажном носителе в порядке, утверждаемом Комиссией.

      Единые формы документов об оценке соответствия и правила их оформления утверждаются Комиссией.

      Документы, подтверждающие соответствие продукции требованиям технических регламентов Союза, действуют в отношении каждой единицы продукции, выпущенной в обращение в период действия документа, подтверждающего соответствие продукции требованиям технических регламентов Союза, в течение срока годности или срока службы продукции.

      Единые реестры выданных или принятых документов об оценке соответствия размещаются на официальном сайте Союза в сети Интернет. Формирование и ведение указанных единых реестров осуществляются в порядке, утверждаемом Комиссией.

      Аккредитованные органы по оценке соответствия (в том числе органы по сертификации, испытательные лаборатории (центры)), осуществляющие работы по оценке соответствия установленным техническим регламентом Союза требованиям, должны быть включены в единый реестр органов по оценке соответствия Союза. Включение органов по оценке соответствия в этот реестр, а также его формирование и ведение осуществляются в порядке, утверждаемом Комиссией.

      Регистрация деклараций о соответствии техническим регламентам Союза осуществляется в порядке, определяемом комиссией.

      При установлении в технических регламентах Союза требований по проведению работ по оценке соответствия органами по оценке соответствия (в том числе органами по сертификации и испытательными лабораториями (центрами)), включенными в единый реестр органов по оценке соответствия Союза, такие работы по выбору заявителя проводятся в любых органах по оценке соответствия, имеющих действующую аккредитацию в требуемой области аккредитации и включенных в данный реестр.

      Регистрацию (государственную регистрацию) объектов технического регулирования осуществляют органы государства-члена, уполномоченные на проведение указанных работ, в соответствии с законодательством государства-члена.

      Сноска. Пункт 5 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 30.01.2024 № 56-VIII; от 19.04.2024 № 75-VIII.

      6. Продукция, соответствующая требованиям технических регламентов Союза, распространяющимся на эту продукцию, и прошедшая установленные техническими регламентами Союза процедуры оценки соответствия, подлежит обязательной маркировке единым знаком обращения продукции на рынке Союза.

      Изображение единого знака обращения продукции на рынке Союза и порядок его применения утверждаются Комиссией.

      При обращении продукции на территории Союза маркировка продукции должна быть нанесена на русском языке и при наличии соответствующих требований в законодательстве государств-членов на государственном (государственных) языке (языках) государства-члена, на территории которого реализуется продукция.

      7. До дня вступления в силу технического регламента Союза продукция, в отношении которой государствами-членами установлены одинаковые обязательные требования, одинаковые формы и схемы подтверждения соответствия, применяются одинаковые или сопоставимые методы исследований (испытаний) и измерений продукции при проведении обязательного подтверждения соответствия и которая включена в единый перечень продукции, подлежащей обязательному подтверждению соответствия с выдачей сертификатов соответствия и деклараций о соответствии по единой форме, допускается к обращению на территории Союза, если она прошла установленные процедуры подтверждения соответствия на территории государства-члена с соблюдением следующих условий:

      проведение сертификации органом по оценке соответствия, включенным в единый реестр органов по оценке соответствия Союза;

      проведение испытаний в испытательных лабораториях (центрах), включенных в единый реестр органов по оценке соответствия Союза;

      оформление сертификатов соответствия и деклараций о соответствии по единой форме.

      Указанный единый перечень продукции, единые формы указанных сертификата соответствия и декларации о соответствии и правила их оформления утверждаются Комиссией.

      8. Ввоз продукции, подлежащей обязательной оценке соответствия на таможенной территории Союза, осуществляется в порядке, утверждаемом Комиссией.

      9. Государство-член, руководствуясь защитой своих законных интересов, может предпринять экстренные меры по предотвращению выпуска в обращение опасной продукции. В этом случае государство-член незамедлительно информирует другие государства-члены о принятых экстренных мерах и приступает к процессу консультаций и переговоров по данному вопросу.

      10. Комиссия формирует информационную систему в области технического регулирования, которая является частью интегрированной информационной системы Союза.

      11. Для обеспечения соответствия технического регулирования в рамках Союза уровню экономического развития государств-членов и уровню научно-технического развития проводится обязательная периодическая оценка научно-технического уровня в отношении вступивших в силу технических регламентов Союза и перечней стандартов, предусмотренных пунктом 4 настоящего Протокола, Порядок проведения оценки научно-технического уровня, в том числе ее периодичность, утверждается Комиссией.

      Сноска. Приложение 9 дополнено пунктом 11 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

  ПРИЛОЖЕНИЕ № 10
к Договору о Евразийском
экономическом союзе

ПРОТОКОЛ
о проведении согласованной политики в области обеспечения единства измерений

      1. Настоящий Протокол разработан в соответствии с разделом X Договора о Евразийском экономическом союзе и определяет принципы осуществления государствами-членами согласованной политики в области обеспечения единства измерений в целях обеспечения сопоставимости результатов измерений и результатов оценки (подтверждения) соответствия продукции требованиям технических регламентов Союза и измерений количественных показателей продукции.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "аттестация методик (методов) измерений" – исследование и подтверждение соответствия методик (методов) измерений метрологическим требованиям к измерениям;

      "единица величины" – величина фиксированного размера, которой условно присвоено числовое значение, равное единице, и которая применяется для количественного выражения однородных с ней величин;

      "единство измерений" – состояние измерений, при котором результаты этих измерений выражены в допущенных к применению в государствах-членах единицах величин, а показатели точности измерений не выходят за установленные границы;

      "измерение" – процесс экспериментального получения одного или более количественных значений величины, которые могут быть обоснованно приписаны величине;

      "калибровка средства измерений" – совокупность операций, устанавливающих соотношение между значением величины, полученным с помощью средства измерений, и значением величины, воспроизведенной эталоном единицы величины того же рода, с целью определения действительных метрологических характеристик средства измерений;

      "Международная система единиц (СИ)" – система единиц, принятая Генеральной конференцией по мерам и весам, основанная на Международной системе величин и включающая в себя наименования и обозначения, наборы приставок, их наименования, обозначения и правила применения;

      "методика (метод) измерений" – совокупность конкретно описанных операций при измерении, выполнение которых обеспечивает получение результатов измерений с установленными показателями точности;

      "метрологическая прослеживаемость" – свойство результата измерения, в соответствии с которым результат может быть соотнесен с национальным эталоном через документированную неразрывную цепь поверок и калибровок;

      "метрологическая экспертиза" – анализ и оценивание правильности и полноты применения метрологических требований, правил и норм, связанных с единством измерений;

      "национальный эталон" - эталон единицы величины, в том числе первичный, признанный государством-членом для использования в государственной или хозяйственной деятельности в качестве основы для приписывания значения величины другим эталонам единиц величин того же рода;

      "опорное значение величины" - значение величины, которое используется как основа для сопоставления со значениями величин того же рода;

      "поверка средств измерений" – совокупность операций, выполняемых в целях подтверждения соответствия средств измерений обязательным метрологическим требованиям;

      "референтная методика (метод) измерений" – методика (метод) измерений, используемая для получения результатов измерений, которые могут быть применены для оценки правильности измеренных значений величины, полученных с помощью других методик (методов) измерений величин того же рода, а также для калибровки средств измерений или для определения характеристик стандартных образцов;

      "сличение эталонов" – установление соотношения между результатами измерений при воспроизведении и передаче единицы измерения эталонами единиц величин одного уровня точности;

      "средство измерений" – техническое средство, предназначенное для измерений и имеющее метрологические характеристики;

      "стандартный образец" – материал (вещество) с установленными показателями точности измерений и метрологической прослеживаемостью, достаточно однородный и стабильный в отношении определенных свойств для того, чтобы использовать его при измерении или при оценивании качественных свойств в соответствии с предполагаемым назначением;

      "утверждение типа средства измерений" – решение органа государственной власти (управления) государства-члена в области обеспечения единства измерений о разрешении применения средства измерения утвержденного типа на территории государства-члена на основании положительных результатов испытаний;

      "утверждение типа стандартного образца" – решение органа государственной власти (управления) государства-члена в области обеспечения единства измерений о разрешении применения стандартного образца утвержденного типа на территории государства-члена на основании положительных результатов испытаний;

      "шкала величины" – упорядоченная совокупность значений величины, служащая исходной основой для измерения соответствующей величины;

      "эталон единицы величины" – техническое средство (комплекс средств), предназначенное для воспроизведения, хранения и передачи единицы величины или шкалы величины.

      Сноска. Пункт 2 с изменениями, внесенными Законом РК от 19.04.2024 № 75-VIII.

      3. Государства-члены проводят согласованную политику в области обеспечения единства измерений посредством гармонизации законодательства государств-членов в области обеспечения единства измерений и проведения согласованных действий, обеспечивающих:

      1) создание механизмов взаимного признания результатов работ в области обеспечения единства измерений путем утверждения правил взаимного признания результатов работ по обеспечению единства измерений;

      2) использование эталонов единиц величин, средств измерений, стандартных образцов и аттестованных методик (методов) измерений, для которых государствами-членами обеспечивается метрологическая прослеживаемость получаемых с их помощью результатов к Международной системе единиц (СИ), к национальным эталонам и (или) к международным эталонам единиц величин;

      3) взаимное предоставление сведений в области обеспечения единства измерений, содержащихся в соответствующих информационных фондах государств-членов;

      4) применение согласованных порядков выполнения работ в области обеспечения единства измерений.

      Сноска. Пункт 3 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      4. Государства-члены принимают меры, направленные на гармонизацию законодательства государств-членов в области обеспечения единства измерений в отношении установления требований к измерениям, единицам величин, эталонам единиц величин и шкалам величин, средствам измерений, стандартным образцам, методикам (методам) измерений на основе документов, принятых международными и региональными организациями по метрологии и стандартизации.

      5. Государства-члены осуществляют взаимное признание результатов работ в области обеспечения единства измерений, выполненных органами государственной власти (управления) или юридическими лицами государств-членов, уполномоченными (нотифицированными) в соответствии с законодательством своего государства на выполнение работ в области обеспечения единства измерений, согласно утвержденным порядкам проведения этих работ и правилам взаимного признания результатов работ по обеспечению единства измерений.

      Признание результатов работ в области обеспечения единства измерений осуществляется применительно к средствам измерений, изготовленным на территориях государств-членов.

      6. В целях обеспечения метрологической прослеживаемости результатов измерений, эталонов единиц величин, стандартных образцов государств-членов к национальным эталонам и Международной системе единиц (СИ) государства-члены организуют проведение работ по созданию и совершенствованию эталонов единиц величин, определению и разработке номенклатуры стандартных образцов, установлению эквивалентности эталонов единиц величин государств-членов путем их регулярного сличения.

      Сноска. Пункт 6 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      7. Нормативные правовые акты государств-членов, нормативные и международные документы, международные договоры государств-членов в области обеспечения единства измерений, аттестованные методики (методы) измерений, средства измерений в регулируемых государствами-членами областях, сведения об эталонах единиц величин и шкалах величин, утвержденных типах стандартных образцов и утвержденных типах средств измерений образуют информационные фонды государств-членов в области обеспечения единства измерений.

      Ведение информационных фондов осуществляется в соответствии с законодательством государств-членов, взаимное предоставление содержащихся в информационных фондах сведений организуется органами государственной власти (управления) государств-членов, указанными в пункте 5 настоящего Протокола, в порядке, устанавливаемом Комиссией.

      8. Государства-члены наделяют соответствующими полномочиями органы государственной власти (управления) в области обеспечения единства измерений, которые проводят консультации, направленные на согласование позиций государств-членов, и осуществляют координацию и проведение работ в области обеспечения единства измерений.

      9. Комиссия утверждает следующие документы:

      1) перечень внесистемных единиц величин, применяемых при разработке технических регламентов Союза, включая их соотношения с Международной системой единиц (СИ);

      2) правила взаимного признания результатов работ по обеспечению единства измерений;

      3) порядки проведения работ в области обеспечения единства измерений, в том числе:

      порядок проведения метрологической экспертизы проекта технического регламента Союза, проекта перечня стандартов, в результате применения которых на добровольной основе обеспечивается соблюдение требований технического регламента Союза, проекта перечня стандартов, содержащих правила и методы исследований (испытаний) и измерений, в том числе правила отбора образцов, необходимые для применения и исполнения требований технического регламента Союза и осуществления оценки соответствия объектов технического регулирования;

      порядок организации проведения межлабораторных сравнительных испытаний (межлабораторных сличений);

      порядок метрологической аттестации методики (метода) измерений;

      порядок аттестации методики (метода) измерений, принимаемой в качестве референтной методики (метода) измерений;

      порядок утверждения типа средства измерений;

      порядок утверждения типа стандартного образца;

      порядок организации поверки и калибровки средства измерений;

      4) порядок взаимного предоставления сведений в области обеспечения единства измерений, содержащихся в информационных фондах государств-членов.

  ПРИЛОЖЕНИЕ № 11
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о признании результатов работ по аккредитации органов по оценке соответствия

      1. Настоящий Протокол разработан в соответствии с разделом X Договора о Евразийском экономическом союзе (далее – Договор) и определяет условия взаимного признания результатов работ по аккредитации органов по оценке соответствия.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "апелляция" – обращение органа по оценке соответствия в орган по аккредитации о пересмотре решения, принятого органом по аккредитации в отношении данного органа по оценке соответствия;

      "аттестация эксперта по аккредитации" – подтверждение соответствия физического лица установленным требованиям и признание его компетентности по проведению работ по аккредитации;

      "жалоба" – заявление, содержащее выражение неудовлетворенности действиями (бездействием) органа по оценке соответствия или органа по аккредитации со стороны любого лица и требующее ответа;

      "заявитель на аккредитацию" – юридическое лицо, зарегистрированное в соответствии с законодательством государства-члена и претендующее на получение аккредитации в качестве органа по оценке соответствия;

      "орган по аккредитации" – орган или юридическое лицо, уполномоченные в соответствии с законодательством государства-члена на проведение аккредитации;

      "технический эксперт" – физическое лицо, обладающее специальными знаниями в определенной области аккредитации, привлекаемое и назначаемое органом по аккредитации для участия в аккредитации органов по оценке соответствия и включенное в реестр технических экспертов;

      "эксперт по аккредитации" – физическое лицо, аттестованное и назначенное органом по аккредитации в установленном законодательством государства-члена порядке для проведения аккредитации органов по оценке соответствия и включенное в реестр экспертов по аккредитации.

      3. Государства-члены осуществляют гармонизацию законодательства в сфере аккредитации посредством:

      принятия правил в области аккредитации на основании международных стандартов и иных документов, принятых международными и региональными организациями по аккредитации;

      применения межгосударственных стандартов в области аккредитации, разработанных на основе международных стандартов;

      обеспечения и организации проведения межлабораторных сравнительных испытаний (межлабораторных сличений);

      обмена информацией в области аккредитации на основе принципов открытости информации, безвозмездности и своевременности.

      Государства-члены взаимно признают аккредитацию органов по оценке соответствия (в том числе органов по сертификации и испытательных лабораторий (центров)) в национальных системах аккредитации государств-членов при выполнении органами по аккредитации положений статьи 54 Договора.

      4. Органы по аккредитации осуществляют следующие полномочия:

      1) осуществляют формирование и ведение:

      реестра аккредитованных органов по оценке соответствия;

      реестра экспертов по аккредитации;

      реестра технических экспертов;

      национальной части единого реестра органов по оценке соответствия Союза;

      2) предоставляют в интегрированную информационную систему Союза сведения из реестров аккредитованных органов по оценке соответствия, экспертов по аккредитации и технических экспертов, а также иные сведения и документы, касающиеся аккредитации и предусмотренные Договором;

      3) предоставляют возможность представителям органов по аккредитации осуществлять взаимные сравнительные оценки с целью достижения равнозначности применяемых в государствах-членах процедур;

      4) рассматривают и принимают решения в отношении апелляций, поданных органами по оценке соответствия о пересмотре решений, принятых органом по аккредитации в отношении этих органов по оценке соответствия;

      5) рассматривают и принимают решения в отношении жалоб, поступающих от физических или юридических лиц государств-членов на деятельность органов по аккредитации, а также на деятельность аккредитованных ими органов по оценке соответствия.

      41. Органы по аккредитации в целях обеспечения обмена информацией о решениях, принятых в соответствии с полномочиями, предусмотренными подпунктами 4 и 5 пункта 4 настоящего Протокола, осуществляют взаимодействие в порядке, установленном Советом Комиссии.

      Сноска. Приложение 11 дополнен пунктом 41 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

      5. Актуальная информация об органе по аккредитации предоставляется им в Комиссию для размещения на официальном сайте Союза в сети Интернет.

      6. В целях обеспечения равноценного уровня компетентности экспертов по аккредитации и технических экспертов органы по аккредитации обеспечивают гармонизацию требований, предъявляемых к компетентности экспертов по аккредитации и технических экспертов.

  ПРИЛОЖЕНИЕ № 12
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о применении санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер, экстренных фитосанитарных мер

      Сноска. Заголовок с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

I. Общие положения

      1. Настоящий Протокол разработан в соответствии с разделом XI Договора о Евразийском экономическом союзе и определяет порядок применения санитарных, ветеринарно-санитарных и карантинных фитосанитарных мер, экстренных фитосанитарных мер.

      Сноска. Пункт 1 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "аудит зарубежной официальной системы надзора" – процедура определения способности зарубежной официальной системы надзора обеспечивать уровень безопасности товаров, подлежащих ветеринарному контролю (надзору), как минимум эквивалентный единым ветеринарным (ветеринарно-санитарным) требованиям;

      "ветеринарный контроль (надзор)" – деятельность уполномоченных органов в области ветеринарии, направленная на предотвращение ввоза и распространения возбудителей заразных болезней животных, в том числе общих для человека и животных, и товаров, не соответствующих единым ветеринарным (ветеринарно-санитарным) требованиям, а также предупреждение, обнаружение и пресечение нарушений требований международных договоров и актов, составляющих право Союза, и законодательства государств-членов в области ветеринарии;

      "ветеринарно-санитарные меры" – обязательные для исполнения требования и процедуры, применяемые в целях предупреждения болезней животных и защиты населения от болезней, общих для человека и животных, в связи с возникающими рисками, в том числе в случае переноса или распространения их животными, с кормами, сырьем и продукцией животного происхождения, а также перевозящими их транспортными средствами, в пределах таможенной территории Союза;

      "ветеринарный сертификат" – документ, выдаваемый уполномоченным органом в области ветеринарии или компетентным органом третьей страны на подконтрольные ветеринарному контролю (надзору) товары, подлежащие ввозу, перемещению (перевозке), и удостоверяющий их безопасность в ветеринарно-санитарном отношении и (или) благополучие административных территорий мест производства этих товаров по заразным болезням животных, в том числе болезней, общих для человека и животных;

      "вредный организм" - любой вид, разновидность или биотип растений, животных или патогенных агентов, вредный для растений или растительных продуктов;

      "государственная регистрация" – процедура оценки соответствия продукции единым санитарно-эпидемиологическим и гигиеническим требованиям или требованиям технических регламентов Союза, осуществляемая уполномоченным органом в области санитарно-эпидемиологического благополучия населения;

      "государственный санитарно-эпидемиологический надзор (контроль)" - деятельность уполномоченных органов в области санитарно-эпидемиологического благополучия населения, осуществляемая с учетом оценки риска вредного воздействия на здоровье человека подконтрольной санитарно-эпидемиологическому надзору (контролю) продукции (товаров), факторов среды обитания, направленная на предупреждение, обнаружение и пресечение нарушений обязательных требований, установленных Комиссией и законодательством государств-членов в области санитарно-эпидемиологического благополучия населения;

      "единые ветеринарные (ветеринарно-санитарные) требования" – требования, предъявляемые к подконтрольным ветеринарному контролю (надзору) товарам, их обращению и объектам, подлежащим ветеринарному контролю (надзору), направленные на недопущение возникновения, ввоза и распространения на таможенной территории Союза возбудителей заразных болезней животных, в том числе общих для человека и животных, и товаров животного происхождения, опасных в ветеринарно-санитарном отношении;

      "единые карантинные фитосанитарные требования" – требования, предъявляемые к подкарантинной продукции (подкарантинным грузам, подкарантинным материалам, подкарантинным товарам), подлежащей карантинному фитосанитарному контролю (надзору) на таможенной границе Союза и на таможенной территории Союза, ее обращению и подкарантинным объектам, направленные на недопущение возникновения, ввоза и распространения на таможенной территории Союза карантинных объектов;

      "единые правила и нормы обеспечения карантина растений" – правила, процедуры, инструкции, методики карантинных фитосанитарных обследований, методы досмотра подкарантинной продукции (подкарантинных грузов, подкарантинных материалов, подкарантинных товаров), подлежащей карантинному фитосанитарному контролю (надзору) на таможенной границе Союза и на таможенной территории Союза, идентификации карантинных объектов, проведения лабораторных исследований и экспертизы, обеззараживания и другие важнейшие мероприятия, осуществляемые уполномоченными органами по карантину растений;

      "единые санитарно-эпидемиологические и гигиенические требования к продукции (товарам), подлежащей санитарно-эпидемиологическому надзору (контролю)" – документ, содержащий установленные Комиссией обязательные для соблюдения требования, предъявляемые к подконтрольной санитарно-эпидемиологическому надзору (контролю) продукции (товарам), направленные на предупреждение вредного воздействия на организм человека факторов среды обитания и обеспечение благоприятных условий жизнедеятельности человека;

      "животные" – все виды животных, в том числе птицы, пчелы, водные животные и представители дикой фауны;

      "карантин растений" – правовой режим, предусматривающий систему мер по охране растений и продукции растительного происхождения от карантинных объектов на таможенной территории Союза;

      "карантинные объекты" – вредные организмы, отсутствующие или ограниченно распространенные на территориях государств-членов и внесенные в единый перечень карантинных объектов Союза;

      "карантинная фитосанитарная безопасность" – обеспечение состояния защищенности таможенной территории Союза от рисков, возникающих при проникновении и (или) распространении карантинных объектов;

      "карантинный фитосанитарный контроль (надзор)" – деятельность уполномоченных органов по карантину растений, направленная на выявление карантинных объектов, установление карантинного фитосанитарного состояния подкарантинной продукции (подкарантинных грузов, подкарантинных материалов, подкарантинных товаров), выполнение международных обязательств и соблюдение законодательства государств-членов в области карантина растений;

      "карантинные фитосанитарные меры" – обязательные для исполнения требования, правила и процедуры, применяемые в целях обеспечения охраны таможенной территории Союза от завоза и распространения карантинных объектов и снижения причиняемых ими потерь, а также устранения препятствий в международной торговле подкарантинной продукцией (подкарантинными грузами, подкарантинными материалами, подкарантинными товарами);

      "объект, подлежащий ветеринарному контролю (надзору)" – организация или лицо, участвующие в изготовлении (производстве), переработке, транспортировке и (или) хранении подконтрольных ветеринарному контролю (надзору) товаров;

      "партия подкарантинной продукции (подкарантинных грузов, подкарантинных материалов, подкарантинных товаров)" – количество подкарантинной продукции (подкарантинных грузов, подкарантинных материалов, подкарантинных товаров), предназначенной для отправки одним транспортным средством в один пункт назначения одному получателю;

      "партия подконтрольных ветеринарному контролю (надзору) товаров" – количество подконтрольного ветеринарному контролю (надзору) товара, предназначенное для отправки одним транспортным средством в один пункт назначения одному получателю и оформленное одним ветеринарным сертификатом;

      "подкарантинная продукция (подкарантинные грузы, подкарантинные материалы, подкарантинные товары)" – растения, продукция растительного происхождения, грузы, почва, организмы, материалы, тара, упаковка, включенные в перечень подкарантинной продукции (подкарантинных грузов, подкарантинных материалов, подкарантинных товаров), подлежащей карантинному фитосанитарному контролю (надзору) на таможенной границе Союза и на таможенной территории Союза, и перемещаемые через таможенную границу Союза и по таможенной территории Союза, которые могут быть носителями карантинных объектов и (или) способствовать их распространению и в отношении которых необходимо принятие карантинных фитосанитарных мер;

      "подкарантинные объекты" – земли любого целевого назначения, здания, строения, сооружения, резервуары, места складирования, оборудование, транспортные средства, контейнеры и иные объекты, которые могут быть источниками проникновения на таможенную территорию Союза и (или) распространения на ней карантинных объектов;

      "подконтрольная государственному санитарно-эпидемиологическому надзору (контролю) продукция (товары)" – товары, химические, биологические и радиоактивные вещества, в том числе источники ионизирующего излучения, отходы и иные грузы, представляющие опасность для человека, пищевые продукты, материалы и изделия, включенные в единый перечень продукции (товаров), подлежащей санитарно-эпидемиологическому надзору (контролю), перемещаемые через таможенную границу Союза и по таможенной территории Союза;

      "подконтрольные ветеринарному контролю (надзору) товары" – товары, включенные в единый перечень товаров, подлежащих ветеринарному контролю (надзору);

      "продукция, подлежащая государственной регистрации" – отдельные виды продукции, которые могут оказать вредное воздействие на жизнь и здоровье человека при их обращении и безопасность которых подтверждается фактом наличия государственной регистрации;

      "разрешение на ввоз (вывоз) или транзит подконтрольных ветеринарному контролю (надзору) товаров" – документ, определяющий порядок и условия использования подконтрольных ветеринарному контролю (надзору) товаров исходя из эпизоотического состояния стран-экспортеров при ввозе и транзите подконтрольных ветеринарному контролю (надзору) товаров, выдаваемый уполномоченным в соответствии с законодательством государств-членов должностным лицом уполномоченного органа в области ветеринарии;

      "санитарные, ветеринарно-санитарные и карантинные фитосанитарные меры" – обязательные для исполнения санитарные, ветеринарно-санитарные и карантинные фитосанитарные требования и процедуры, применяемые в целях:

      защиты жизни и здоровья человека и животных от рисков, возникающих от добавок, загрязняющих веществ, токсинов или болезнетворных организмов в пищевых продуктах, напитках, кормах и другой продукции;

      защиты жизни и здоровья животных и растений от рисков, возникающих в связи с проникновением, укоренением (закреплением) или распространением вредителей растений, возбудителей болезней растений и животных, растений (сорняков), организмов – переносчиков болезней или болезнетворных организмов, имеющих карантинное значение для государств-членов;

      защиты жизни и здоровья человека от рисков, возникающих в связи с болезнями, переносимыми животными, растениями или продукцией из них;

      предотвращения или ограничения другого ущерба, причиняемого проникновением, укоренением (закреплением) или распространением вредителей растений, возбудителей болезней растений и животных, растений (сорняков), болезнетворных организмов, имеющих карантинное значение для государств-членов, в том числе в случае переноса или распространения их животными и (или) растениями, с продукцией, грузами, материалами, транспортными средствами;

      "санитарно-карантинный контроль" – вид государственного санитарно-эпидемиологического надзора (контроля) в отношении лиц, транспортных средств и подконтрольной государственному санитарно-эпидемиологическому надзору (контролю) продукции (товаров) в пунктах пропуска через таможенную границу Союза, на межгосударственных передаточных железнодорожных станциях или стыковых станциях в целях предотвращения ввоза потенциально опасной для здоровья человека продукции (товаров), завоза, возникновения и распространения инфекционных и массовых неинфекционных заболеваний (отравлений);

      "санитарно-противоэпидемические мероприятия" – организационные, административные, инженерно-технические, медико-санитарные, профилактические и иные меры, направленные на оценку риска вредного воздействия на человека факторов среды обитания, устранение или уменьшение такого риска, предотвращение возникновения и распространения инфекционных и массовых неинфекционных болезней (отравлений) и их ликвидацию;

      "санитарно-эпидемиологическое благополучие населения" – состояние здоровья населения, среды обитания, при котором отсутствует вредное воздействие факторов среды обитания на человека и обеспечиваются благоприятные условия его жизнедеятельности;

      "санитарные меры" – обязательные для исполнения требования и процедуры, в том числе требования к конечному продукту, методы обработки, производства, транспортировки, хранения и утилизации, процедуры отбора проб, методов исследований (испытаний), оценки риска, государственной регистрации, требования к маркировке и упаковке, непосредственно направленные на обеспечение безопасности продукции (товаров) в целях защиты жизни и здоровья человека;

      "свидетельство о государственной регистрации" – документ, подтверждающий безопасность продукции (товаров), удостоверяющий соответствие продукции (товаров) единым санитарно-эпидемиологическим и гигиеническим требованиям и выдаваемый уполномоченным органом в области санитарно-эпидемиологического благополучия населения по единой форме , утверждаемой Комиссией;

      "уполномоченные органы в области ветеринарии" – государственные органы и учреждения государств-членов, осуществляющие деятельность в области ветеринарии;

      "уполномоченные органы в области санитарно-эпидемиологического благополучия населения" – государственные органы и учреждения государств-членов, осуществляющие деятельность в области санитарно-эпидемиологического благополучия населения в соответствии с законодательством государств-членов и актами Комиссии;

      "уполномоченные органы по карантину растений" – национальные организации по карантину и защите растений;

      "фитосанитарный контрольный пост" – пункт по карантину растений, создаваемый в пунктах пропуска через таможенную границу Союза и в иных местах, определяемых в соответствии с законодательством государств-членов;

      "фитосанитарный риск" - вероятность интродукции и распространения вредного организма на территориях государств-членов и масштаб связанных с ними потенциальных экономических последствий для государств-членов;

      " фитосанитарный сертификат" - документ на подкарантинную продукцию (подкарантинные грузы, подкарантинные материалы, подкарантинные товары), оформляемый на бумажном носителе или в электронном виде (в виде электронного эквивалента), выдаваемый уполномоченным органом по карантину растений страны-экспортера (реэкспортера) по форме, установленной Международной конвенцией по карантину и защите растений от 6 декабря 1951 года, и удостоверяющий, что подкарантинная продукция (подкарантинные грузы, подкарантинные материалы, подкарантинные товары) соответствует фитосанитарным требованиям страны-импортера;

      "экстренная фитосанитарная мера" - обязательные для исполнения требования, правила и процедуры, применяемые в экстренном порядке в случаях, предусмотренных Договором о Евразийском экономическом союзе, в целях обеспечения охраны таможенной территории Союза от завоза и распространения вредного организма, не включенного в единый перечень карантинных объектов Союза и представляющего фитосанитарный риск, и направленные на снижение такого риска;

      "эпизоотическое состояние" – ветеринарно-санитарная обстановка на определенной территории в конкретно указанное время, характеризующаяся наличием болезней животных, их распространением и уровнем заболеваемости.

      Сноска. Пункт 2 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 30.01.2024 № 56-VIII; от 19.04.2024 № 75-VIII.

II. Санитарные меры

      3. Государственный санитарно-эпидемиологический надзор (контроль) на таможенной границе Союза и на таможенной территории Союза проводится в порядке, утверждаемом Комиссией.

      4. Государства-члены создают в пунктах пропуска, предназначенных для перемещения подконтрольных государственному санитарно-эпидемиологическому надзору (контролю) продукции (товаров) через таможенную границу Союза, санитарно-карантинные пункты и принимают меры по проведению необходимых санитарно-противоэпидемических мероприятий.

      Государства-члены осуществляют санитарно-карантинный контроль на специально оборудованных и оснащенных средствами для проведения санитарно-противоэпидемических мероприятий санитарно-карантинных пунктах в соответствии с законодательством государств-членов с учетом требований, утверждаемых Комиссией.

      Обращение продукции, подлежащей государственной регистрации в соответствии с актами Комиссии, на территории Союза осуществляется при наличии государственной регистрации.

      Свидетельство о государственной регистрации продукции выдается (оформляется) в порядке, утверждаемом Комиссией, по единой форме на бумажном носителе и (или) в виде электронного документа.

      Сведения о свидетельствах о государственной регистрации продукции вносятся в единый реестр свидетельств о государственной регистрации, формируемый на основании сведений, предоставляемых государствами-членами из национальных реестров в Комиссию в электронном виде с использованием интегрированной информационной системы Союза.

      Порядок формирования и ведения единого реестра свидетельств о государственной регистрации определяется Комиссией.

      Сноска. Пункт 4 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      5. Государства-члены:

      1) принимают согласованные меры, направленные на предупреждение завоза, распространения и ликвидацию на таможенной территории Союза инфекционных и массовых неинфекционных болезней (отравлений), опасных для здоровья человека, последствий чрезвычайных ситуаций, а также актов терроризма с применением биологических агентов, химических и радиоактивных веществ;

      2) осуществляют санитарно-противоэпидемические мероприятия по недопущению ввоза на таможенную территорию Союза и оборота опасной для жизни, здоровья человека и среды его обитания подконтрольной государственному санитарно-эпидемиологическому надзору (контролю) продукции (товаров).

      6. Государства-члены имеют право вводить временные санитарные меры и проводить санитарно-противоэпидемические мероприятия в случае:

      ухудшения санитарно-эпидемиологической ситуации на территории государства-члена;

      получения информации от соответствующих международных организаций, от государств-членов или третьих стран о применяемых санитарных мерах и (или) ухудшении санитарно-эпидемиологической ситуации;

      если соответствующее научное обоснование применения санитарных мер является недостаточным или не может быть представлено в необходимые сроки;

      выявления подконтрольной государственному санитарно-эпидемиологическому надзору (контролю) продукции (товаров), не соответствующей единым санитарным требованиям или техническим регламентам Союза.

      Государства-члены в возможно короткий срок уведомляют друг друга о введении ими санитарных мер, проведении санитарно-противоэпидемических мероприятий и их изменении.

      При введении государством-членом временных санитарных мер другие государства-члены принимают необходимые меры и проводят санитарно-противоэпидемические мероприятия, обеспечивающие надлежащий уровень защиты государства-члена, принявшего решение о введении таких мер.

      7. Уполномоченные органы в области санитарно-эпидемиологического благополучия населения:

      осуществляют санитарно-эпидемиологический надзор (контроль) в отношении лиц, транспортных средств, подконтрольных государственному санитарно-эпидемиологическому надзору (контролю) продукции (товаров) при перемещении их через таможенную границу Союза в пунктах пропуска государств-членов, расположенных на таможенной границе Союза и на таможенной территории Союза;

      имеют право запрашивать у уполномоченных органов других государств-членов необходимые протоколы лабораторных исследований (испытаний);

      оказывают взаимную научно-методическую и техническую помощь в области санитарно-эпидемиологического благополучия населения;

      информируют друг друга о возможных поступлениях товаров, не соответствующих единым санитарно-эпидемиологическим и гигиеническим требованиям, о каждом случае обнаружения особо опасных инфекционных болезней, указанных в международных медико-санитарных правилах, и опасной для жизни и здоровья человека продукции;

      при необходимости и по взаимной договоренности в целях соблюдения требований, установленных актами, составляющими право Союза, в области санитарных мер и охраны таможенной территории Союза от ввоза и распространения инфекционных и массовых неинфекционных болезней (отравлений), подконтрольной государственному санитарно-эпидемиологическому надзору (контролю) продукции (товаров), не соответствующей санитарно-эпидемиологическим и гигиеническим требованиям, а также для оперативного решения иных вопросов проводят совместные проверки (инспекции) на территориях государств-членов, производящих подконтрольную государственному санитарно-эпидемиологическому надзору (контролю) продукцию (товары).

      Уполномоченные органы в области санитарно-эпидемиологического благополучия населения в случаях обнаружения инфекционных и массовых неинфекционных болезней (отравлений) и (или) распространения на таможенной территории Союза продукции, опасной для жизни, здоровья человека и среды его обитания, направляют информацию о них, а также о принятых санитарных мерах в интегрированную информационную систему Союза.

      8. Финансирование расходов, связанных с проведением совместных проверок (инспекций), осуществляется за счет средств соответствующих бюджетов государств-членов, если в каждом конкретном случае не будет согласован иной порядок.

III. Ветеринарно-санитарные меры

      9. Ветеринарный контроль (надзор) на таможенной границе Союза и на таможенной территории Союза проводится в соответствии с положением о едином порядке осуществления ветеринарного контроля на таможенной границе Союза и на таможенной территории Союза, утверждаемом Комиссией.

      10. Государства-члены создают в пунктах пропуска, предназначенных для перемещения подконтрольных ветеринарному контролю (надзору) товаров через таможенную границу Союза, пограничные контрольные ветеринарные пункты и принимают необходимые ветеринарно-санитарные меры.

      11. Уполномоченные органы в области ветеринарии:

      1) принимают меры по недопущению ввоза и распространения на таможенной территории Союза возбудителей заразных болезней животных, в том числе общих для человека и животных, и товаров (продукции) животного происхождения, опасных в ветеринарно-санитарном отношении;

      2) в случае обнаружения и распространения на территории государства-члена заразных болезней животных, в том числе общих для человека и животных, и (или) товаров (продукции) животного происхождения, опасных в ветеринарно-санитарном отношении, незамедлительно после официального установления диагноза или подтверждения небезопасности товаров (продукции) направляют информацию в Комиссию о них, а также о принятых ветеринарно-санитарных мерах в интегрированную информационную систему Союза, а также для уведомления уполномоченных органов других государств-членов;

      3) своевременно уведомляют Комиссию об изменениях, вносимых в перечень опасных и карантинных болезней животных государства-члена;

      4) оказывают взаимную научную, методическую и техническую помощь в области ветеринарии;

      5) осуществляют аудит зарубежной официальной системы надзора в порядке, утверждаемом Комиссией.

      12. Совместная проверка (инспекция) объектов, подлежащих ветеринарному контролю (надзору), осуществляется в соответствии с положением о едином порядке проведения совместных проверок объектов и отбора проб товаров, подлежащих ветеринарному контролю (надзору).

      Финансирование расходов, связанных с проведением аудита зарубежных официальных систем надзора и совместных проверок (инспекций), осуществляется за счет средств соответствующих бюджетов государств-членов, если в каждом конкретном случае не будет согласован иной порядок.

      13. Правила и методология проведения лабораторных исследований при осуществлении ветеринарного контроля (надзора) устанавливаются Комиссией.

      14. Правила регулирования обращения ветеринарных лекарственных средств, диагностических средств ветеринарного назначения, кормовых добавок, дезинфицирующих, дезинсекционных и дезакаризационных средств устанавливаются Комиссией и законодательством государств-членов.

      15. На основе единых ветеринарных (ветеринарно-санитарных) требований и международных рекомендаций, стандартов, руководств государства-члены могут согласовывать с компетентными органами страны отправителя (третьей стороны) образцы ветеринарных сертификатов на ввозимые на таможенную территорию Союза подконтрольные ветеринарному контролю (надзору) товары, включенные в единый перечень товаров, подлежащих ветеринарному контролю (надзору), отличные от единых форм, в соответствии с актами Комиссии.

      16. Подконтрольные ветеринарному контролю (надзору) товары, помещенные под таможенную процедуру транзита, перемещаются по таможенной территории Союза в порядке, устанавливаемом Комиссией.

      Выдача разрешения на ввоз (вывоз) и транзит подконтрольных ветеринарному контролю (надзору) товаров и оформление ветеринарных сертификатов осуществляются уполномоченным органом в области ветеринарии в соответствии с законодательством этого государства-члена.

      17. Формы ветеринарных сертификатов на перемещаемые между государствами-членами товары, подлежащие ветеринарному контролю (надзору), а также предусмотренные едиными ветеринарными (ветеринарно-санитарными) требованиями формы единых ветеринарных сертификатов на ввозимые на таможенную территорию Союза товары, подлежащие ветеринарному контролю (надзору), утверждаются Комиссией.

      Сноска. Пункт 17 в редакции Закона РК от 15.02.2021 № 6-VII.

IV. Карантинные фитосанитарные меры

      18. Карантинный фитосанитарный контроль (надзор) на таможенной границе Союза и на таможенной территории Союза осуществляется в порядке, утверждаемом Комиссией.

      19. Единые правила и нормы обеспечения карантина растений утверждаются Комиссией.

      20. Государства-члены создают в пунктах пропуска, предназначенных для перемещения подкарантинной продукции (подкарантинных грузов, подкарантинных материалов и подкарантинных товаров) через таможенную границу Союза, и в иных местах пункты по карантину растений (фитосанитарные контрольные посты) с учетом требований к их материально-техническому оснащению и обустройству, утверждаемых Комиссией.

      21. Государства-члены принимают необходимые меры по предотвращению завоза на таможенную территорию Союза и распространения на ней карантинных объектов.

      22. Уполномоченные органы по карантину растений:

      1) осуществляют карантинный фитосанитарный контроль (надзор) при перемещении подкарантинной продукции через таможенную границу Союза в пунктах пропуска и в иных местах, в которых оборудуются и обустраиваются пункты по карантину растений (фитосанитарные контрольные посты);

      2) осуществляют карантинный фитосанитарный контроль (надзор) при перемещении подкарантинной продукции с территории одного государства-члена на территорию другого государства-члена;

      3) в случае обнаружения и распространения карантинных объектов на таможенной территории Союза направляют информацию о них, а также о принятых карантинных фитосанитарных мерах в интегрированную информационную систему Союза;

      4) своевременно информируют друг друга о случаях обнаружения и распространения карантинных объектов на территориях своих государств и о введении ими временных карантинных фитосанитарных мер;

      5) оказывают друг другу научную, методическую и техническую помощь в области обеспечения карантина растений;

      6) ежегодно обмениваются статистической информацией за прошедший год, касающейся обнаружения и распространения карантинных объектов на территориях своих государств;

      7) обмениваются информацией, касающейся карантинного фитосанитарного состояния территорий в государствах-членах, и при необходимости иной информацией, в том числе сведениями об эффективных методах борьбы против карантинных объектов;

      8) разрабатывают предложения по формированию перечня регулируемых некарантинных вредных организмов, единого перечня карантинных объектов Союза на основании информации о вредных организмах;

      9) взаимодействуют по другим вопросам в области карантинного фитосанитарного контроля (надзора);

      10) по взаимной договоренности:

      направляют специалистов в целях проведения совместного обследования мест производства (изготовления), сортировки, переработки, складирования и упаковки подкарантинной продукции, ввозимой на таможенную территорию Союза из третьих стран;

      участвуют в разработке единых правил и норм обеспечения карантина растений.

      23. Каждая партия подкарантинной продукции (подкарантинных грузов, подкарантинных материалов, подкарантинных товаров), отнесенной в соответствии с перечнем подкарантинной продукции к группе подкарантинной продукции (подкарантинных грузов, подкарантинных материалов, подкарантинных товаров) с высоким фитосанитарным риском, ввозится на таможенную территорию Союза и (или) перемещается с территории одного государства-члена на территорию другого государства-члена в сопровождении экспортного (реэкспортного) фитосанитарного сертификата, который может быть оформлен в электронном виде.

      Прослеживаемость партии подкарантинной продукции (подкарантинных грузов, подкарантинных материалов, подкарантинных товаров), ввозимой на таможенную территорию Союза и перемещаемой по таможенной территории Союза, осуществляется в порядке, утверждаемом Комиссией.

      Сноска. Пункт2 3 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      24. Лабораторное обеспечение карантинных фитосанитарных мер осуществляется в порядке, утверждаемом Комиссией.

      25. Каждое из государств-членов имеет право разрабатывать и вводить временные карантинные фитосанитарные меры в случае:

      1) ухудшения карантинной фитосанитарной ситуации на своей территории;

      2) получения от соответствующих международных организаций, государств-членов и (или) третьих стран информации о принимаемых карантинных фитосанитарных мерах;

      3) если соответствующее научное обоснование применения карантинных фитосанитарных мер является недостаточным или не может быть представлено в необходимые сроки;

      4) систематического выявления карантинных объектов в подкарантинной продукции (подкарантинных грузах, подкарантинных материалах, подкарантинных товарах), ввозимой из третьих стран.

  ПРИЛОЖЕНИЕ № 13
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о проведении согласованной политики в сфере защиты прав потребителей

I. Общие положения

      1. Настоящий Протокол разработан в соответствии с разделом XII Договора о Евразийском экономическом союзе и определяет принципы проведения государствами-членами согласованной политики в сфере защиты прав потребителей и ее основные направления.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "законодательство государства-члена о защите прав потребителей" – совокупность правовых норм, действующих в государстве-члене и регулирующих отношения в области защиты прав потребителей;

      "изготовитель" – организация независимо от формы (вида) собственности, а также физическое лицо, зарегистрированное в качестве индивидуального предпринимателя, производящие товары для реализации потребителям;

      "исполнитель" – организация независимо от формы (вида) собственности, а также физическое лицо, зарегистрированное в качестве индивидуального предпринимателя, выполняющие работы или оказывающие услуги потребителям;

      "недобросовестные хозяйствующие субъекты" – продавцы, изготовители, исполнители, допускающие в своей деятельности нарушения законодательства государств-членов о защите прав потребителей, обычаев делового оборота, если эти нарушения могут причинить или причинили имущественный или неимущественный ущерб потребителям и (или) окружающей среде;

      "общественные объединения потребителей" – зарегистрированные в соответствии с законодательством государств-членов некоммерческие объединения (организации) граждан и (или) юридических лиц, созданные в целях защиты законных прав и интересов потребителей, а также международные неправительственные организации, действующие на территориях всех или нескольких государств-членов;

      "потребитель" – физическое лицо, имеющее намерение заказать (приобрести) либо заказывающий (приобретающий, использующий) товары (работы, услуги) исключительно для личных (бытовых) нужд, не связанных с осуществлением предпринимательской деятельности;

      "продавец" – организация независимо от формы (вида) собственности, а также физическое лицо, зарегистрированное в качестве индивидуального предпринимателя, реализующие товары потребителям по договору купли-продажи;

      "уполномоченные органы в сфере защиты прав потребителей" – государственные органы государств-членов, осуществляющие контрольную (надзорную) деятельность и (или) нормативно-правовое регулирование в сфере защиты прав потребителей в соответствии с законодательством государств-членов, международными договорами и актами, составляющими право Союза.

II. Реализация основных направлений политики в сфере защиты прав потребителей

      3. В целях формирования для граждан государств-членов равных условий обеспечения защиты прав и законных интересов потребителей государства-члены осуществляют проведение согласованной политики в сфере защиты прав потребителей с учетом законодательства государств-членов о защите прав потребителей и норм международного права в этой сфере по следующим основным направлениям:

      1) обеспечение потребителей, государственных органов и общественных объединений потребителей оперативной и достоверной информацией о товарах (работах, услугах), изготовителях (продавцах, исполнителях);

      2) принятие мер по предотвращению деятельности недобросовестных хозяйствующих субъектов и реализации некачественных товаров (услуг) на территориях государств-членов;

      3) создание для потребителей условий, способствующих свободному выбору товаров (работ, услуг), путем развития правовой грамотности и правосознания потребителей, их осведомленности о характере, способах осуществления защиты прав потребителей и охраняемых законом интересов в административном и судебном порядке, а также доступ потребителей государств-членов к юридической помощи;

      4) реализация программ просвещения в области защиты прав потребителей как неотъемлемой части обучения граждан в образовательных системах государств-членов;

      5) привлечение средств массовой информации, в том числе радио и телевидения, к пропаганде и систематическому освещению вопросов защиты прав потребителей;

      6) сближение законодательства государств-членов о защите прав потребителей.

III. Взаимодействие с общественными объединениями потребителей

      4. Государства-члены содействуют созданию условий для деятельности независимых общественных объединений потребителей, их участию в формировании и реализации согласованной политики в сфере защиты прав потребителей, пропаганде и разъяснению прав потребителей, а также в создании системы обмена информацией в сфере защиты прав потребителей между государствами-членами.

IV. Взаимодействие уполномоченных органов в сфере защиты прав потребителей

      5. Взаимодействие уполномоченных органов в сфере защиты прав потребителей осуществляется путем:

      1) обмена информацией:

      о практике государств-членов в области государственной и общественной защиты прав потребителей;

      о мерах по совершенствованию и обеспечению функционирования системы контроля за соблюдением законодательства государств-членов о защите прав потребителей;

      об изменениях в законодательстве государств-членов о защите прав потребителей;

      2) сотрудничества по предупреждению, выявлению и пресечению нарушения законодательства государств-членов о защите прав потребителей резидентами государств-членов, включая обмен информацией о выявленных на внутреннем рынке нарушениях прав потребителей, в том числе на основании запросов уполномоченных органов в сфере защиты прав потребителей;

      3) проведения совместных аналитических исследований по проблемам, затрагивающим взаимные интересы государств-членов в области защиты прав потребителей;

      4) оказания практической помощи по вопросам, возникающим в процессе сотрудничества, включая создание рабочих групп, обмен опытом и обучение кадров;

      5) организации обмена статистической информацией о результатах деятельности уполномоченных органов в сфере защиты прав потребителей и общественных объединений потребителей;

      6) осуществления сотрудничества по иным вопросам в сфере защиты прав потребителей.

V. Полномочия Комиссии

      6. Комиссия осуществляет следующие полномочия:

      1) вырабатывает рекомендации для государств-членов о применении мер, направленных на повышение эффективности взаимодействия уполномоченных органов в сфере защиты прав потребителей;

      2) вырабатывает рекомендации для государств-членов о порядке реализации положений, указанных в настоящем Протоколе;

      3) создает консультативные органы по вопросам защиты прав потребителей государств-членов.

  ПРИЛОЖЕНИЕ № 14
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о проведении согласованной макроэкономической политики

I. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьями 62 и 63 Договора о Евразийском экономическом союзе (далее – Договор) и определяет порядок проведения государствами-членами согласованной макроэкономической политики.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "внешние параметры прогнозов" – показатели, которые характеризуют внешние факторы, оказывающие существенное влияние на развитие экономики государств-членов, и используются при разработке официальных прогнозов социально-экономического развития государств-членов;

      "интервальные количественные значения внешних параметров прогнозов" – верхнее и нижнее значения интервала внешних параметров прогнозов;

      "макроэкономические показатели" – параметры, характеризующие состояние экономики государства-члена, ее развитие и устойчивость к воздействию неблагоприятных факторов, а также степень интеграционного сотрудничества;

      "основные направления экономического развития Союза" – документ рекомендательного характера, определяющий перспективные направления социально-экономического развития, к реализации которых стремятся государства-члены за счет использования интеграционного потенциала Союза и конкурентных преимуществ государств-членов в целях получения каждым государством-членом дополнительного экономического эффекта;

      "основные ориентиры макроэкономической политики государств-членов" – программный документ, определяющий наиболее важные для экономики государств-членов кратко- и среднесрочные задачи, направленный на достижение целей, установленных основными направлениями экономического развития Союза, а также включающий рекомендации по решению указанных задач.

II. Реализация основных направлений
согласованной макроэкономической политики

      3. В целях реализации основных направлений согласованной макроэкономической политики государства-члены:

      1) согласовывают меры, направленные на использование интеграционного потенциала Союза и конкурентных преимуществ государств-членов, в тех сферах и отраслях экономики, где это необходимо или целесообразно;

      2) учитывают при проведении согласованной макроэкономической политики основные направления экономического развития Союза, основные ориентиры макроэкономической политики государств-членов;

      3) разрабатывают официальные прогнозы социально-экономического развития государств-членов с учетом установленных интервальных количественных значений внешних параметров прогнозов;

      4) проводят согласованную макроэкономическую политику в рамках количественных значений указанных в статье 63 Договора макроэкономических показателей, определяющих устойчивость экономического развития;

      5) разрабатывают и реализуют при участии Комиссии меры, в том числе совместные, в случае если макроэкономические показатели, определяющие устойчивость экономического развития какого-либо государства-члена, не соответствуют количественным значениям, установленным статьей 63 Договора, а также при необходимости учитывают рекомендации Комиссии, направленные на стабилизацию экономической ситуации. Указанные совместные меры и рекомендации разрабатываются в соответствии с порядком, утверждаемым Комиссией;

      6) проводят консультации по вопросам, касающимся сложившейся в государствах-членах экономической ситуации, для выработки предложений, направленных на стабилизацию экономики.

      Сноска. Пункт 3 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

III. Компетенция Комиссии

      4. Комиссия координирует проведение государствами-членами согласованной макроэкономической политики посредством:

      1) мониторинга:

      макроэкономических показателей, определяющих устойчивость экономического развития государств-членов, рассчитанных согласно утверждаемой Комиссией методике, и их соответствия количественным значениям, установленным статьей 63 Договора;

      показателей уровня и динамики развития экономики и показателей степени интеграции, определенных в разделе IV настоящего Протокола;

      2) разработки по согласованию с государствами-членами следующих документов, утверждаемых Высшим советом:

      основные направления экономического развития Союза;

      основные ориентиры макроэкономической политики государств-членов;

      совместные меры, направленные на стабилизацию экономической ситуации, в случае превышения государствами-членами указанных в статье 63 Договора количественных параметров макроэкономических показателей, определяющих устойчивость экономического развития;

      3) разработки:

      рекомендаций, направленных на стабилизацию экономической ситуации, в случае превышения государствами-членами указанных в статье 63 Договора количественных параметров макроэкономических показателей, определяющих устойчивость экономического развития;

      в аналитических (справочных) целях прогнозов социально-экономического развития Союза на основе установленных интервальных количественных значений внешних параметров прогнозов;

      4) содействия в проведении консультаций по вопросам, касающимся сложившейся в государствах-членах экономической ситуации, для выработки предложений, направленных на стабилизацию экономики;

      5) согласования с государствами-членами утверждаемых Комиссией интервальных количественных значений внешних параметров прогнозов для подготовки официальных прогнозов социально-экономического развития государств-членов. Порядок такого согласования утверждается Комиссией;

      6) анализа:

      влияния принимаемых решений на условия экономической деятельности и предпринимательской активности хозяйствующих субъектов государств-членов;

      мер согласованной макроэкономической политики в части их соответствия основным ориентирам макроэкономической политики государств-членов;

      7) обмена информацией между уполномоченными органами государств-членов и Комиссией в целях проведения согласованной макроэкономической политики. Порядок такого обмена утверждается Комиссией.

      Сноска. Пункт 4 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

IV. Показатели степени интеграции, уровня и динамики развития экономики, внешних параметров прогнозов

      5. Для определения степени интеграции используются следующие показатели:

      1) объем прямых инвестиций, направленных в экономику каждого государства-члена, рассчитанный на нетто-основе (чистой основе) (в долларах США);

      2) объем прямых инвестиций, поступивших в национальную экономику от каждого государства-члена, рассчитанный на нетто-основе (чистой основе) (в долларах США);

      3) доля каждого государства-члена в общем объеме экспорта государства-члена (в процентах);

      4) доля каждого государства-члена в общем объеме импорта государства-члена (в процентах);

      5) доля каждого государства-члена в общем внешнеторговом обороте государства-члена (в процентах).

      Сноска. Пункт 5 с изменениями, внесенными Законом РК от 15.02.2021 № 6-VII.

      6. Для определения уровня и динамики развития экономики используются следующие показатели:

      1) темпы роста валового внутреннего продукта (в процентах);

      2) валовой внутренний продукт на душу населения по паритету покупательной способности (в долларах США);

      3) сальдо счета текущих операций платежного баланса (в долларах США и процентах валового внутреннего продукта);

      4) индекс реального эффективного обменного курса национальной валюты, рассчитанный на основе индекса потребительских цен (в процентах).

      7. Комиссией по согласованию с государствами-членами может быть принято решение о проведении мониторинга иных показателей степени интеграции, уровня и динамики развития экономики государств-членов, отличных от указанных в пунктах 5 и 6 настоящего Протокола соответственно.

      8. Государства-члены согласовывают на 3-летний период интервальные количественные значения следующих внешних параметров прогнозов:

      темпы развития мировой экономики;

      цены на нефть марки Brent.

      Органы исполнительной власти, уполномоченные на составление официальных прогнозов социально-экономического развития государств-членов, обмениваются также информацией о состоянии внешнеторговых операций, в том числе во взаимной торговле. Для формирования официальных прогнозов социально-экономического развития отдельных государств-членов Российская Федерация представляет указанным уполномоченным органам информацию об ориентировочном интервале изменения прогнозной цены на природный газ, поставляемый для внутреннего потребления, в порядке, утверждаемом Комиссией.

      Указанная информация, предоставляемая Российской Федерацией в целях макроэкономического прогнозирования, не является обязательством Российской Федерации по цене поставки природного газа в государства-члены в прогнозируемом периоде.

      Национальные (центральные) банки государств-членов информируют друг друга о проводимой курсовой политике.

      9. Обмен информацией в целях макроэкономического прогнозирования осуществляется с учетом требований государств-членов к конфиденциальности соответствующей информации.

      10. Высшим советом может быть принято решение о пересмотре внешних параметров прогнозов, используемых при разработке официальных прогнозов социально-экономического развития государств-членов.

  ПРИЛОЖЕНИЕ № 15
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о мерах, направленных на проведение согласованной
валютной политики
I. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьей 64 Договора о Евразийском экономическом союзе и определяет меры, принимаемые государствами-членами в целях проведения согласованной валютной политики.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "валютное законодательство" – законодательные акты государств-членов в сфере валютного регулирования и валютного контроля и принятые в их исполнение нормативные правовые акты;

      "валютные ограничения" – установленные международными договорами и актами, составляющими право Союза, или валютным законодательством государств-членов ограничения на валютные операции, выраженные в их прямом запрете, лимитировании объемов, количества и сроков проведения, валюты платежа, в установлении требований по получению специальных разрешений (лицензий) на их проведение, резервированию части, всей суммы или суммы, кратной всей сумме проводимой валютной операции, а также ограничения, связанные с открытием и ведением счетов на территориях государств-членов, и требования об обязательной продаже иностранной валюты;

      "интегрированный валютный рынок" – совокупность внутренних валютных рынков государств-членов, объединенных общими принципами функционирования и государственного регулирования;

      "меры либерализации" – действия, направленные на ослабление или отмену валютных ограничений в отношении валютных операций между резидентами государств-членов, а также в отношении операций с резидентами третьих стран;

      "резидент государства-члена" – лицо, являющееся резидентом одного из государств-членов в соответствии с валютным законодательством данного государства-члена;

      "резидент третьей страны" – лицо, не являющееся резидентом ни одного из государств-членов;

      "уполномоченные организации" – юридические лица, являющиеся резидентами государств-членов и обладающие в соответствии с законодательством государства своего учреждения полномочиями на проведение банковских операций в иностранной валюте;

      "уполномоченные органы валютного контроля" – органы исполнительной власти, иные государственные органы государств-членов, обладающие полномочиями по осуществлению валютного контроля, и национальные (центральные) банки государств-членов.

      При регулировании валютных правоотношений государства-члены применяют понятие "нерезидент" в соответствии с национальным валютным законодательством.

II. Меры, направленные на проведение согласованной
валютной политики

      3. В целях проведения согласованной валютной политики государства-члены принимают следующие меры:

      1) координация политики обменного курса национальных валют (далее – курсовая политика) для обеспечения расширения использования национальных валют государств-членов во взаимных расчетах резидентов государств-членов, в том числе организация проведения взаимных консультаций с целью выработки и координации мероприятий курсовой политики;

      2) обеспечение конвертируемости национальных валют по текущим и капитальным статьям платежного баланса без ограничений путем создания условий для возможности покупки и продажи иностранной валюты резидентами государств-членов через банки государств-членов без ограничений;

      3) создание условий для обеспечения прямых взаимных котировок национальных валют государств-членов;

      4) обеспечение проведения взаимных расчетов между резидентами государств-членов в национальных валютах государств-членов;

      5) совершенствование механизма платежно-расчетных отношений между государствами-членами на базе расширения использования национальных валют во взаимных расчетах между резидентами государств-членов;

      6) недопущение множественности официальных обменных курсов национальных валют, препятствующей взаимной торговле между резидентами государств-членов;

      7) установление национальными (центральными) банками государств-членов официальных курсов национальных валют государств-членов на основе курсов, сложившихся на биржевом рынке, либо на основе кросс-курсов национальных валют государств-членов к доллару США;

      8) обмен на постоянной основе информацией о состоянии и перспективах развития валютного рынка;

      9) формирование интегрированного валютного рынка государств-членов;

      10) обеспечение каждым государством-членом допуска на свой внутренний валютный рынок банков, являющихся резидентами государств-членов и обладающих в соответствии с законодательством этого государства-члена правом на осуществление валютных операций, для проведения межбанковских конверсионных операций на условиях предоставления национального режима;

      11) предоставление банкам государств-членов права на свободную конверсию принадлежащих им средств в национальных валютах государств-членов, находящихся на их корреспондентских счетах, в валюты третьих стран;

      12) создание условий для размещения валютных активов государств-членов в национальные валюты других государств-членов, в том числе в их государственные ценные бумаги;

      13) дальнейшее развитие и повышение ликвидности внутренних валютных рынков;

      14) развитие торгов национальными валютами на организованных рынках государств-членов и обеспечение доступа к ним участников валютного рынка государств-членов;

      15) развитие организованного рынка производных финансовых инструментов.

      4. В целях сближения законодательства государств-членов, регулирующего валютные правоотношения, и принятия мер либерализации государства-члены:

      1) обеспечивают постепенное устранение препятствующих эффективной экономической кооперации валютных ограничений в отношении валютных операций и открытия или ведения счетов резидентами государств-членов в банках, расположенных на территориях государств-членов;

      2) определяют согласованные подходы к порядку открытия или ведения счетов резидентов третьих стран в банках, расположенных на территориях государств-членов, а также счетов резидентов государств-членов в банках, расположенных на территориях третьих стран;

      3) исходят из принципа сохранения национального суверенитета в отношении выработки подходов к требованию репатриации резидентами государств-членов денежных средств, подлежащих обязательному перечислению на их банковские счета;

      4) определяют перечень валютных операций, осуществляемых между резидентами государств-членов, в отношении которых не применяются валютные ограничения;

      5) определяют необходимый объем прав и обязанностей резидентов государств-членов при осуществлении валютных операций, включая права на осуществление расчетов без использования банковских счетов в банках, расположенных на территории государств-членов;

      6) обеспечивают гармонизацию требований по репатриации резидентами государств-членов денежных средств, подлежащих обязательному зачислению на их банковские счета;

      7) обеспечивают свободное перемещение резидентами и нерезидентами государств-членов наличных денежных средств и денежных инструментов в пределах таможенной территории Союза;

      8) обеспечивают гармонизацию требований к учету и контролю валютных операций;

      9) обеспечивают гармонизацию норм об ответственности за нарушение валютного законодательства государств-членов.

III. Взаимодействие уполномоченных органов
валютного контроля

      5. Взаимодействие уполномоченных органов валютного контроля осуществляется путем:

      1) обмена информацией:

      о практике контролирующих и правоохранительных органов государств-членов в области контроля за соблюдением валютного законодательства;

      о мерах по совершенствованию и обеспечению функционирования системы контроля за соблюдением валютного законодательства;

      по вопросам организации валютного контроля, а также информацией правового характера, в том числе о законодательстве государств-членов в сфере валютного контроля, об изменении законодательства государств-членов в сфере валютного контроля;

      2) сотрудничества по предупреждению, выявлению и пресечению нарушения законодательства государств-членов резидентами государств-членов при осуществлении ими валютных операций, включая обмен информацией, в том числе на основании запросов уполномоченных органов валютного контроля, об операциях, проведенных с нарушением валютного законодательства;

      3) проведения совместных аналитических исследований по проблемам, затрагивающим взаимные интересы государств-членов в области валютного регулирования и валютного контроля;

      4) оказания практической помощи по вопросам, возникающим в процессе сотрудничества, включая создание рабочих групп, обмен опытом и обучение кадров;

      5) организации обмена статистической информацией по вопросам валютного регулирования и валютного контроля, в том числе:

      об объемах платежей и переводов денежных средств по валютным операциям между резидентами государств-членов;

      о количестве счетов, открытых резидентами одного государства-члена в уполномоченных организациях другого государства-члена;

      6) осуществления совместных действий по иным вопросам сотрудничества уполномоченных органов валютного контроля.

      6. Уполномоченные органы валютного контроля осуществляют взаимодействие по конкретным направлениям в сфере валютного контроля, включая предоставление информации на постоянной основе, в соответствии с отдельными протоколами о взаимодействии между уполномоченными органами валютного контроля.

      7. Оказание практической помощи осуществляется путем:

      организации рабочих визитов представителей уполномоченных органов валютного контроля;

      проведение семинаров и консультаций;

      разработки методических рекомендаций и обмена ими.

IV. Обмен информацией на основании запросов уполномоченных
органов валютного контроля

      8. Направление и исполнение запроса о предоставлении информации осуществляется в следующем порядке:

      1) запрос передается в письменной форме или посредством использования технических средств передачи текста.

      При использовании технических средств передачи текста, а также при возникновении сомнений в отношении подлинности или содержания полученного запроса запрашиваемый уполномоченный орган валютного контроля может запросить подтверждение в письменной форме;

      2) запрос о предоставлении информации в рамках производства по делам об административных правонарушениях содержит:

      наименование запрашивающего уполномоченного органа валютного контроля;

      наименование запрашиваемого уполномоченного органа валютного контроля;

      краткое описание фактических обстоятельств дела с приложением при необходимости копий подтверждающих документов;

      квалификацию правонарушения в соответствии с законодательством государства, запрашивающего уполномоченного органа валютного контроля;

      другие сведения, необходимые для исполнения запроса;

      3) запрос и ответ на него составляются на русском языке.

      9. В случае необходимости передачи третьей стороне информации, полученной в рамках настоящего Протокола, требуется письменное согласие уполномоченного органа валютного контроля, предоставившего эту информацию.

      10. Запрос исполняется с учетом возможности соблюдения запрашивающим уполномоченным органом валютного контроля процессуальных сроков, установленных законодательством государства запрашивающего уполномоченного органа валютного контроля.

      Запрашиваемый уполномоченный орган валютного контроля в порядке уточнения вправе запросить дополнительную информацию, если это необходимо для исполнения запроса.

      11. При невозможности исполнить запрос запрашиваемый уполномоченный орган валютного контроля уведомляет об этом запрашивающий уполномоченный орган валютного контроля с указанием причин.

      12. Уполномоченные органы валютного контроля несут расходы по обмену информацией в рамках взаимодействия в сфере валютного контроля.

      В случае получения запросов, требующих дополнительных расходов, вопрос об их финансировании рассматривается уполномоченными органами валютного контроля по взаимной договоренности.

V. Валютные ограничения

      13. Каждое из государств-членов в исключительных случаях (если ситуация не может быть разрешена другими мерами экономической политики) вправе вводить валютные ограничения на срок не более 1 года.

      При этом к исключительным случаям относятся:

      возникновение обстоятельств, при которых осуществление мер либерализации может повлечь ухудшение экономической и финансовой ситуации в государстве-члене;

      негативное развитие ситуации в платежном балансе, следствием которого может стать снижение золотовалютных резервов государства-члена ниже допустимого уровня;

      возникновение обстоятельств, при которых осуществление мер либерализации может нанести ущерб интересам безопасности государства-члена и препятствовать поддержанию общественного порядка;

      резкие колебания курса национальной валюты государства-члена.

      14. Государство-член, которое ввело валютные ограничения, уведомляет об этом остальные государства-члены и Комиссию не позднее 15 дней со дня введения таких ограничений.

  ПРИЛОЖЕНИЕ № 16
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о торговле услугами, учреждении, деятельности
и осуществлении инвестиций

I. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьями 65 – 69 Договора о Евразийском экономическом союзе (далее – Договор) и определяет правовые основы регулирования торговли услугами, учреждения, деятельности и осуществления инвестиций в государствах-членах.

      2. Положения настоящего Протокола применяются к любым мерам государств-членов, затрагивающим поставку и получение услуг, учреждение, деятельность и осуществление инвестиций.

      Особенности правоотношений, возникающих в с вязи с торговлей услугами электросвязи, определяются согласно приложению № 1 к настоящему Протоколу.

      "Горизонтальные" ограничения, сохраняемые государствами-членами в отношении всех секторов и видов деятельности, определены согласно приложению № 2 к настоящему Протоколу.

      Индивидуальные национальные перечни ограничений, изъятий, дополнительных требований и условий (далее – национальные перечни), предусмотренные пунктами 15 – 17, 23, 26, 28, 31, 33 и 35 настоящего Протокола, утверждаются Высшим советом.

      3. Положения настоящего Протокола применяются к созданным, приобретенным, контролируемым юридическими лицам государств-членов, открытым филиалам, представительствам, зарегистрированным индивидуальным предпринимателям, продолжающим существовать на дату вступления в силу Договора, а также к созданным, приобретенным, контролируемым юридическими лицам государств-членов, открытым филиалам, представительствам, зарегистрированным индивидуальным предпринимателям после вступления Договора в силу.

      Несмотря на положения пунктов 15 – 17, 21, 24, 27, 30 и 32настоящего Протокола, государства-члены сохраняют за собой право принимать и применять любые меры в отношении новых услуг, то есть не существующих на дату вступления настоящего Договора в силу.

      В случае принятия или применения меры, которая затрагивает новую услугу и несовместима с положениями указанных пунктов, государство-член информирует другие государства-члены и Комиссию о такой мере не позднее 1 месяца с даты ее принятия или применения в зависимости от того, что наступило раньше. Соответствующие изменения в национальный перечень такого государства-члена утверждаются решением Высшего совета.

      4. В отношении способов поставки услуг, указанных в абзацах втором и третьем подпункта 22 пункта 6 настоящего Протокола, положения настоящего Протокола не применяются к правам перевозки воздушным транспортом и услугам, непосредственно относящимся к правам перевозки, за исключением ремонтного и эксплуатационного обслуживания самолетов, поставки и маркетинга авиатранспортных услуг, а также услуг компьютерной системы резервирования.

      5. Государства-члены не используют смягчение требований, предусмотренных их законодательством и касающихся защиты жизни и здоровья людей, окружающей среды, национальной безопасности, а также трудовых стандартов, в качестве механизма привлечения лиц других государств-членов, а также лиц третьих государств для учреждения на территориях государств-членов.

II. Определения и понятия

      6. Понятия, используемые в настоящем Протоколе, означают следующее:

      1) "государство-реципиент" – государство-член, на территории которого осуществляются инвестиции инвесторами других государств-членов;

      2) "деятельность" – предпринимательская и иная деятельность (включая торговлю услугами и производство товаров) юридических лиц, филиалов, представительств или индивидуальных предпринимателей, перечисленных в абзацах втором – шестом подпункта 24 настоящего пункта;

      3) "деятельность в связи с инвестициями" – владение, пользование и (или) распоряжение инвестициями;

      4) "доходы" – средства, получаемые в результате осуществления инвестиций, в частности дивиденды, проценты, а также лицензионные, комиссионные и другие вознаграждения;

      5) "законодательство государства-члена" – законы и иные нормативные правовые акты государства-члена;

      6) "заявитель" – лицо одного государства-члена, обратившееся в компетентный орган этого или другого государства-члена с заявлением о предоставлении разрешения;

      7) "инвестиции" – материальные и нематериальные ценности, вкладываемые инвестором одного государства-члена в объекты предпринимательской деятельности на территории другого государства-члена в соответствии с законодательством последнего, в том числе:

      денежные средства (деньги), ценные бумаги, иное имущество;

      права на осуществление предпринимательской деятельности, предоставляемые на основе законодательства государств-членов или по договору, включая, в частности, права на разведку, разработку, добычу и эксплуатацию природных ресурсов;

      имущественные и иные права, имеющие денежную оценку;

      8) "инвестор государства-члена" – любое лицо государства-члена, осуществляющее инвестиции на территории другого государства-члена в соответствии с законодательством последнего;

      9) "компетентный орган" – любой орган или любая организация, в рамках полномочий, делегированных им государством-членом, осуществляющие контрольную, разрешительную или иную регулирующую функцию в отношении вопросов, охватываемых настоящим Протоколом, в частности административные органы, суды, профессиональные объединения, ассоциации;

      10) "лицо государства-члена" – любое физическое или юридическое лицо государства-члена;

      11) "мера государства-члена" – законодательство государства-члена, а также любое решение, действие или бездействие органа или должностного лица этого государства-члена, которые приняты или применяются на любом уровне государственной власти, органами местного самоуправления или организациями при осуществлении ими полномочий, делегированных им такими органами.

      В случае принятия (издания) органом государства-члена официального документа, имеющего рекомендательный характер, такая рекомендация может быть признана мерой государства-члена, применяемой для целей настоящего Протокола в случае, если будет доказано, что на практике преимущественная часть адресатов данной рекомендации (органы государственной, региональной и (или) муниципальной власти, неправительственные органы, а также лица данного государства-члена, лица других государств-членов, лица любого третьего государства) следуют ей;

      12) "получатель услуги" – любое лицо государства-члена, которому поставляется услуга или которое намерено воспользоваться услугой;

      13) "поставщик услуг" – любое лицо государства-члена, которое поставляет услугу;

      14) "представительство" – обособленное подразделение юридического лица, расположенное вне места его нахождения, которое представляет интересы юридического лица и осуществляет их защиту;

      15) "разрешение" – предусмотренное законодательством государства-члена, основанное на обращении заявителя подтверждение компетентным органом права этого лица на осуществление определенной деятельности или определенных действий, в том числе посредством включения в реестр, выдачи официального документа (лицензии, согласования, заключения, аттестата, свидетельства, сертификата и т.п.). При этом разрешение может выдаваться по итогам конкурсного отбора;

      16) "разрешительные процедуры" – совокупность процедур, реализуемых компетентными органами в соответствии с законодательством государства-члена, связанных с выдачей и переоформлением разрешений и их дубликатов, прекращением, приостановлением и возобновлением либо продлением срока действия, лишением (аннулированием) разрешений, отказом в выдаче разрешений, а также рассмотрением жалоб по таким вопросам;

      17) "разрешительные требования" – совокупность стандартов и (или) требований (в том числе лицензионных, квалификационных) к заявителю, владельцу разрешения и (или) поставляемой услуге, осуществляемой деятельности, соответствующей законодательству государства-члена, направленных на обеспечение достижения целей регулирования, установленных законодательством государства-члена.

      В отношении разрешений на осуществление деятельности разрешительные требования могут в том числе иметь целью обеспечение компетентности и способности заявителя осуществлять торговлю услугами и иную деятельность в соответствии с законодательством государства-члена;

      18) "режим" – совокупность мер государств-членов;

      19) "сектор услуги":

      в отношении приложения № 2 к настоящему Протоколу, а также в отношении перечней, утверждаемых Высшим советом, – один, несколько или все подсектора отдельной услуги;

      в иных случаях – весь сектор услуги, включая все ее подсектора;

      20) "территория государства-члена" – территория государства-члена, а также его исключительная экономическая зона и континентальный шельф, в отношении которых оно осуществляет суверенные права и юрисдикцию в соответствии с международным правом и своим законодательством;

      21) "тест на экономическую целесообразность" – обусловливание выдачи соответствующих разрешений доказательством наличия экономической необходимости или потребностей рынка, оценкой потенциального или существующего экономического влияния деятельности или оценкой соответствия деятельности целям экономического планирования, установленным компетентным органом. Данное понятие не охватывает условия, которые связаны с планированием неэкономического характера и обоснованы соображениями общественного интереса, такими как социальная политика, выполнение программ социально-экономического развития, утверждаемых местными органами власти в пределах их компетенции, или охрана городской среды обитания, в том числе выполнение градостроительных планов;

      22) "торговля услугами" – поставка услуг, включающая в себя производство, распределение, маркетинг, продажу и доставку услуг и осуществляемая следующими способами:

      с территории одного государства-члена на территорию любого другого государства-члена;

      на территории одного государства-члена лицом этого государства-члена получателю услуг другого государства-члена;

      поставщиком услуг одного государства-члена путем учреждения на территории другого государства-члена;

      поставщиком услуг одного государства-члена путем присутствия физических лиц этого государства-члена на территории другого государства-члена;

      23) "третье государство" – государство, не являющееся государством-членом;

      24) "учреждение":

      создание и (или) приобретение юридического лица (участие в капитале созданного или учрежденного юридического лица) любой организационно-правовой формы и формы собственности, предусмотренных законодательством государства-члена, на территории которого такое юридическое лицо создается или учреждается;

      приобретение контроля над юридическим лицом государства-члена, выражающееся в получении возможности непосредственно или через третьих лиц определять решения, принимаемые таким юридическим лицом, в том числе путем распоряжения голосами, приходящимися на голосующие акции (доли), путем участия в совете директоров (наблюдательном совете) и в иных органах управления такого юридического лица;

      открытие филиала;

      открытие представительства;

      регистрация в качестве индивидуального предпринимателя.

      Учреждение осуществляется в том числе для целей торговли услугами и (или) производства товаров;

      25) "физическое лицо государства-члена" – гражданин государства-члена в соответствии с законодательством государства-члена;

      26) "филиал" – обособленное подразделение юридического лица, расположенное вне места его нахождения и осуществляющее все его функции или их часть, в том числе функции представительства;

      27) "юридическое лицо государства-члена" – организация любой организационно-правовой формы, созданная или учрежденная на территории государства-члена в соответствии с законодательством этого государства-члена.

      7. Для целей настоящего Протокола сектора услуг определяются и классифицируются на основе Международного классификатора основных продуктов, утвержденного Статистической комиссией Секретариата Организации Объединенных Наций (Central Products Classification).

III. Платежи и переводы

      8. За исключением случаев, предусмотренных пунктами 11 – 14настоящего Протокола, каждое государство-член отменяет действующие и не вводит новые ограничения в отношении переводов и платежей в связи с торговлей услугами, учреждением, деятельностью и инвестициями, и в частности в отношении:

      1) доходов;

      2) средств, выплачиваемых в погашение займов и кредитов, признанных государствами-членами в качестве инвестиций;

      3) средств, полученных инвестором в связи с частичной или полной ликвидацией коммерческой организации либо продажей инвестиций;

      4) средств, полученных инвестором в качестве возмещения ущерба в соответствии с пунктом 77 настоящего Протокола, и компенсации, предусмотренной в пунктах 79 – 81 настоящего Протокола;

      5) заработной платы и других вознаграждений, получаемых инвесторами и гражданами других государств-членов, которым разрешено работать в связи с осуществлением инвестиций на территории государства-реципиента.

      9. Ничто в настоящем разделе не затрагивает прав и обязательств любого государства-члена, проистекающих из его членства в Международном валютном фонде, включая права и обязательства, касающиеся мер регулирования валютных операций, при условии, что такие меры государства-члена соответствуют статьям Соглашения Международного валютного фонда от 22 июля 1944 года, и (или) при условии, что государство-член не устанавливает ограничения на переводы и платежи, несовместимые с его обязательствами, предусмотренными настоящим Протоколом, касающимися таких операций, за исключением случаев, указанных в пунктах 11 – 14 настоящего Протокола, или случаев применения ограничений по требованию Международного валютного фонда.

      10. Переводы, предусмотренные пунктом 8 настоящего Протокола, могут производиться в любой свободно конвертируемой валюте. Конвертация средств осуществляется без необоснованной задержки по обменному курсу, применяемому на территории государства-члена на дату перевода денежных средств и осуществления платежей.

IV. Ограничения в отношении платежей и переводов

      11. В случае ухудшения состояния платежного баланса, существенного сокращения золотовалютных резервов, резких колебаний курса национальной валюты или угрозы этого государство-член может вводить ограничения в отношении переводов и платежей, предусмотренных пунктом 8 настоящего Протокола.

      12. Ограничения, указанные в пункте 11 настоящего Протокола:

      1) не должны создавать дискриминацию между государствами-членами;

      2) должны соответствовать статьям Соглашения Международного валютного фонда от 22 июля 1944 года;

      3) не должны наносить излишний ущерб коммерческим, экономическим и финансовым интересам любого другого государства-члена;

      4) не должны быть более обременительными, чем это необходимо для преодоления обстоятельств, указанных в пункте 11 настоящего Протокола;

      5) должны быть временными и постепенно устраняться по мере исчезновения обстоятельств, указанных в пункте 11 настоящего Протокола.

      13. При определении сферы действия ограничений, указанных в пункте 11 настоящего Протокола, государства-члены могут отдать предпочтение поставкам товаров или услуг, которые являются более важными для их экономических программ или программ развития. Однако такие ограничения не устанавливаются и не сохраняются с целью защиты определенного сектора экономики.

      14. Любые ограничения, установленные или сохраненные государствами-членами в соответствии с пунктом 11 настоящего Протокола, или любые их изменения являются предметом безотлагательного уведомления других государств-членов.

V. Участие государства

      15. Каждое государство-член предоставляет на своей территории в отношении участия в приватизации лицам другого государства-члена режим не менее благоприятный, чем режим, предоставляемый лицам своего государства-члена с учетом ограничений, изъятий, дополнительных требований и условий, указанных в национальных перечнях или в приложении № 2 к настоящему Протоколу.

      16. Если на территории государства-члена действуют юридические лица, в капитале которых участвует это государство-член или которые им контролируются, то такое государство-член обеспечивает, чтобы указанные лица:

      1) осуществляли свою деятельность на основе коммерческих соображений и участвовали в отношениях, регулируемых настоящим Протоколом:

      на основании принципа равенства с иными участниками этих отношений;

      на основании принципа недискриминации иных участников этих отношений в зависимости от их гражданства, места регистрации (учреждения), организационно-правовой формы или формы собственности;

      2) не получали прав, привилегий или обязанностей исключительно в силу участия государства-члена в их капитале или контроля над ними этим государством-членом.

      Указанные требования не применяются в случае, когда деятельность таких юридических лиц направлена на решение задач социальной политики государства-члена, а также в отношении ограничений и условий, указанных в национальных перечнях или в приложении № 2 к настоящему Протоколу.

      17. Положения пункта 16 настоящего Протокола распространяются также на юридических лиц, наделенных формально или фактически исключительными правами или специальными привилегиями, за исключением юридических лиц, наделенных правами и (или) привилегиями, включенными на основании подпунктов 2 и 6 пункта 30 настоящего Протокола в национальные перечни или в приложение № 2 к настоящему Протоколу, и юридических лиц, регулирование деятельности которых осуществляется в соответствии с разделом XIX Договора.

      18. Каждое из государств-членов обеспечивает, чтобы все органы этого государства-члена на любом уровне государственной власти или его органы местного самоуправления были независимы, неподконтрольны и неподотчетны любому лицу, осуществляющему хозяйственную деятельность в секторе экономики, регулирование которого входит в сферу компетенции соответствующего органа, без ущерба для положений статьи 69 Договора.

      Меры этого государства-члена, в том числе решения указанного органа, устанавливаемые и применяемые им правила и процедуры, должны быть беспристрастными и объективными по отношению ко всем лицам, осуществляющим хозяйственную деятельность.

      19. В соответствии с обязательствами, вытекающими из раздела XIX Договора, и несмотря на положения пункта 30 настоящего Протокола, каждое из государств-членов может сохранять на своей территории юридические лица, являющиеся субъектами естественных монополий. Государство-член, сохраняющее на своей территории такие юридические лица, обеспечивает, чтобы юридические лица действовали образом, совместимым с обязательствами этого государства-члена, вытекающими из раздела XIX Договора.

      20. Если юридические лица одного государства-члена, указанные в пункте 19 настоящего Протокола, конкурируют прямо или через контролируемые ими юридические лица вне сферы своих монопольных прав с лицами других государств-членов, то первое государство-член обеспечивает, чтобы такое юридическое лицо не злоупотребляло своим монопольным положением, действуя на территории первого государства-члена образом, несовместимым с обязательствами такого первого государства-члена, вытекающими из настоящего Протокола.

VI. Торговля услугами, учреждение и деятельность
1. Национальный режим при торговле услугами,
учреждении и деятельности

      21. Каждое государство-член в отношении всех мер, затрагивающих торговлю услугами, предоставляет услугам, поставщикам и получателям услуг другого государства-члена режим не менее благоприятный, чем режим, предоставляемый при таких же (подобных) обстоятельствах своим собственным таким же (подобным) услугам, поставщикам и получателям услуг.

      22. Каждое государство-член может выполнить обязательства, указанные в пункте 21 настоящего Протокола, путем предоставления услугам, поставщикам и получателям услуг любого другого государства-члена формально такого же или формально отличного режима по отношению к тому, который предоставляется этим государством-членом своим собственным таким же (подобным) услугам или поставщикам либо получателям услуг.

      Формально такой же или формально отличный режим считается менее благоприятным, если он меняет условия конкуренции в пользу услуг, поставщиков и (или) получателей услуг этого государства-члена по сравнению с такими же (подобными) услугами, поставщиками и (или) получателями услуг любого другого государства-члена.

      23. Несмотря на положения пункта 21 настоящего Протокола, каждое государство-член в отношении услуг, поставщиков и получателей услуг другого государства-члена может применять отдельные ограничения и условия, указанные в национальных перечнях или в приложении № 2 к настоящему Протоколу.

      24. Каждое государство-член предоставляет лицам любого государства-члена в отношении учреждения и деятельности режим не менее благоприятный, чем режим, предоставляемый при таких же (подобных) обстоятельствах своим собственным лицам на своей территории.

      25. Каждое государство-член может выполнить обязательства, указанные в пункте 24 настоящего Протокола, путем предоставления лицам любого другого государства-члена формально такого же или формально отличного режима по отношению к тому, который предоставляется этим государством-членом своим собственным лицам. При этом такой режим считается менее благоприятным, если он меняет условия конкуренции в пользу лиц этого государства-члена по сравнению с лицами любого другого государства-члена.

      26. Несмотря на положения пункта 24 настоящего Протокола, каждое государство-член в отношении учреждения и деятельности лиц любого государства-члена может применять отдельные ограничения и условия, указанные в национальных перечнях или в приложении № 2 к настоящему Протоколу.

2. Режим наибольшего благоприятствования при торговле
услугами, учреждении и деятельности

      27. Каждое государство-член предоставляет при таких же (подобных) обстоятельствах услугам, поставщикам и получателям услуг любого другого государства-члена режим не менее благоприятный, чем режим, предоставляемый таким же (подобным) услугам и поставщикам и получателям услуг третьих государств.

      28. Несмотря на положения пункта 27 настоящего Протокола, каждое государство-член в отношении услуг, поставщиков и получателей услуг любого другого государства-члена может применять отдельные изъятия, указанные в национальном перечне или в приложении № 2 к настоящему Протоколу.

      29. Каждое государство-член предоставляет при таких же (подобных) обстоятельствах лицам любого другого государства-члена, а также лицам, учрежденным ими, в отношении учреждения и деятельности на своей территории режим не менее благоприятный, чем режим, предоставляемый лицам третьих государств, а также лицам, учрежденным ими.

3. Количественные и инвестиционные меры

      30. Государства-члены не вводят и не применяют в отношении лиц любого государства-члена в связи с торговлей услугами, учреждением и деятельностью ограничений, касающихся:

      1) числа поставщиков услуг в форме квоты, теста на экономическую целесообразность или в любой иной количественной форме;

      2) числа создаваемых, приобретаемых и (или) контролируемых юридических лиц, филиалов или представительств, регистрируемых индивидуальных предпринимателей;

      3) операций любого поставщика услуг в форме квоты, теста на экономическую целесообразность или в любой иной количественной форме;

      4) операций созданного, приобретенного или контролируемого юридического лица, филиала, представительства, зарегистрированного индивидуального предпринимателя в ходе осуществления ими деятельности в форме квоты, теста на экономическую целесообразность или в любой иной количественной форме;

      5) формы учреждения, в том числе организационно-правовой формы юридического лица;

      6) приобретаемой доли в уставном капитале юридического лица или степени контроля над юридическим лицом;

      7) ограничений общего числа физических лиц, которые могут быть заняты в определенном секторе услуг, или числа физических лиц, которых поставщик услуг может нанять и которые необходимы и непосредственно имеют отношение к поставке определенной услуги, в форме количественных квот или теста на экономическую целесообразность.

      31. Каждое государство-член в отношении услуг, поставщиков и получателей услуг любого государства-члена может вводить и применять ограничения, указанные в пункте 30 настоящего Протокола, в случае если такие ограничения предусмотрены национальным перечнем или приложением № 2 к настоящему Протоколу.

      32. Ни одно из государств-членов не вводит и не применяет в отношении лиц государств-членов, а также лиц, учрежденных ими, в качестве условий в связи с учреждением и (или) деятельностью следующие дополнительные требования:

      1) экспортировать все произведенные товары или услуги или их часть;

      2) импортировать товары или услуги;

      3) закупать или использовать товары или услуги, государством происхождения которых является государство-член;

      4) требования, которые ограничивают продажу товаров или поставку услуг на территорию этого государства-члена, импорт товаров на территорию этого государства-члена или экспорт товаров с территории этого государства-члена и увязаны с объемами производимых товаров (поставляемых услуг), использованием местных товаров или услуг или ограничивают доступ предприятия к иностранной валюте, причитающейся в связи с операциями, указанными в настоящем подпункте;

      5) передавать технологии, ноу-хау и иную информацию, имеющую коммерческую ценность, за исключением случаев их передачи на основании решения суда или органа, уполномоченного в области защиты конкуренции, при соблюдении правил осуществления конкурентной политики, установленных иными международными договорами государств-членов.

      33. Каждое государство-член может вводить и применять в отношении лиц других государств-членов дополнительные требования, указанные в пункте 32 настоящего Протокола, в случае если такие ограничения предусмотрены национальным перечнем или приложением № 2 к настоящему Протоколу.

      34. Выполнение требований, указанных в пункте 32 настоящего Протокола, не может являться основанием для получения какой-либо преференции лицом любого государства-члена в связи с учреждением или деятельностью.

4. Перемещение физических лиц

      35. За исключением ограничений и требований, указанных в национальном перечне или в приложении № 2 к настоящему Протоколу, с учетом положений раздела XXVI Договора каждое государство-член на своей территории не применяет и не вводит ограничения, связанные с наймом работников в отношении деятельности созданного, приобретенного или контролируемого юридического лица, филиала, представительства, зарегистрированного индивидуального предпринимателя.

      36. Положения пункта 35 настоящего Протокола не применяются в отношении требований, предъявляемых к образованию, опыту, квалификации, деловым качествам работников, в случае если их применение не ведет к фактической дискриминации работников в зависимости от гражданства.

      37. С учетом положений раздела XXVI Договора каждое государство-член не применяет и не вводит ограничения в отношении физических лиц, принимающих участие в торговле услугами способом, указанным в абзаце пятом подпункта 22 пункта 6 настоящего Протокола, и присутствующих на территории этого государства-члена.

5. Формирование единого рынка услуг

      38. Для целей настоящего раздела под единым рынком услуг понимается состояние рынка услуг в рамках конкретного сектора, в котором каждое государство-член предоставляет лицам любого другого государства-члена право на:

      1) поставку и получение услуг на условиях, указанных в пунктах 21, 24, 27, 29, 30 и 32 настоящего Протокола, без ограничений, изъятий и дополнительных требований, за исключением условий и ограничений, предусмотренных приложением № 2 к настоящему Протоколу;

      2) поставку услуг без дополнительного учреждения в форме юридического лица;

      3) поставку услуг на основании разрешения на поставку услуг, полученного поставщиком услуг на территории своего государства-члена;

      4) признание профессиональной квалификации персонала поставщика услуг.

      39. Правила единого рынка услуг действуют в отношении государств-членов на условиях взаимности.

      40. Единый рынок услуг в рамках Союза функционирует в секторах услуг, утверждаемых Высшим советом на основании согласованных предложений государств-членов и Комиссии.

      41. Государства-члены стремятся к распространению на взаимной основе правил единого рынка услуг на максимальное количество секторов услуг, в том числе путем поэтапного сокращения изъятий и ограничений, предусмотренных национальными перечнями.

      42. Порядок и этапы формирования единого рынка услуг по отдельным секторам предусматриваются планами либерализации, разрабатываемыми на основании согласованных предложений государств-членов и Комиссии, утверждаемыми Высшим советом (далее – планы либерализации).

      43. Планы либерализации могут предусматривать для отдельных государств-членов более поздние сроки либерализации отдельных секторов услуг, что не является препятствием для других государств-членов к созданию единого рынка в таких секторах услуг на условиях взаимности.

      44. В секторах, в отношении которых не действуют правила единого рынка услуг, применяются положения подразделов 1 – 4 настоящего раздела.

6. Взаимоотношения с третьими государствами по вопросам
торговли услугами, учреждения, деятельности и осуществления
инвестиций

      45. Ничто в настоящем Протоколе не препятствует государствам-членам заключать с третьими государствами международные соглашения об экономической интеграции, отвечающие требованиям пункта 46 настоящего Протокола.

      Каждое государство-член, заключившее такое международное соглашение об экономической интеграции, предоставляет при таких же (подобных) условиях государствам-членам уступки, которые оно предоставляет в рамках такого международного соглашения об экономической интеграции.

      Под уступками в настоящем пункте понимается отмена государством-членом одного или нескольких ограничений, предусмотренных его национальным перечнем.

      46. Для целей настоящего Протокола международными соглашениями об экономической интеграции между государством-членом и третьим государством признаются международные соглашения, которые отвечают следующим критериям:

      1) охватывают существенное число секторов услуг, а также заведомо не исключают ни при каких обстоятельствах априори ни один из способов поставки услуг, вопросов учреждения и деятельности;

      2) направлены на устранение существующих дискриминационных мер и на запрещение введения новых;

      3) направлены на либерализацию торговли услугами, учреждения и деятельности.

      Целью подобных международных соглашений является облегчение торговли услугами и условий учреждения и деятельности между его участниками. Такое соглашение не должно вести в отношении любого третьего государства к увеличению общего уровня барьеров в торговле услугами в определенных секторах или подсекторах по сравнению с уровнем, который применялся до заключения подобного соглашения.

      47. Государство-член, заключившее с третьим государством международное соглашение об экономической интеграции, обязано информировать о его заключении другие государства-члены в течение 1 месяца с даты его подписания.

      48. Государства-члены самостоятельно определяют свою внешнеторговую политику в отношении торговли услугами, учреждения, деятельности и осуществления инвестиций с третьими государствами.

7. Дополнительные права получателя услуг

      49. С учетом положений раздела XV Договора каждое государство-член не устанавливает в отношении получателя услуг требований или особых условий, ограничивающих право на получение, использование или оплату услуги, оказываемой (оказанной) поставщиком услуг другого государства-члена, включая выбор поставщика услуг или обязанность получения разрешения компетентных органов.

      50. С учетом положений раздела XV Договора каждое государство-член обеспечивает неприменение в отношении получателя услуг дискриминационных требований или особых условий в зависимости от его гражданства, места жительства либо места учреждения или деятельности.

      51. Каждое государство-член обязывает:

      1) поставщиков услуг предоставлять получателям услуг необходимую информацию в соответствии с Договором и законодательством государства-члена;

      2) компетентные органы принимать меры по защите прав и законных интересов получателей услуг.

      52. Ничто в настоящем Протоколе не затрагивает право государства-члена принимать любые меры, необходимые для реализации его социальной политики, включая вопросы пенсионного обеспечения и социальной поддержки населения.

      Вопросы доступа потребителей к услугам, охватываемым разделами XIX, XX и XXI Договора, и режима, предоставляемого потребителям таких услуг, регулируются положениями этих разделов соответственно.

8. Взаимное признание разрешений
и профессиональных квалификаций

      53. Признание разрешений на поставку услуг в секторах, в отношении которых реализуются планы либерализации, обеспечивается после принятия мер, указанных в пунктах 54 и (или) 55 настоящего Протокола.

      54. На основании взаимных консультаций (в том числе межведомственного характера) государства-члены могут принять решение о взаимном признании разрешений на поставку услуг в конкретных секторах в связи с достижением в этих секторах содержательной эквивалентности регулирования.

      55. Планами либерализации обеспечивается:

      1) поэтапное сближение механизмов допуска к осуществлению деятельности (в том числе разрешительных требований и процедур) посредством гармонизации законодательства государств-членов с установлением сроков завершения такой гармонизации по конкретным секторам услуг;

      2) создание механизмов административного сотрудничества в соответствии со статьей 68 Договора;

      3) признание профессиональной квалификации работников поставщиков услуг.

      56. В случае если для допуска к осуществлению профессиональных услуг требуется сдача профессионального экзамена, каждое государство-член обеспечивает недискриминационный порядок сдачи такого профессионального экзамена.

9. Внутреннее регулирование при торговле услугами
и в отношении учреждения и (или) деятельности

      57. Каждое государство-член обеспечивает, чтобы все меры этого государства-члена, влияющие на торговлю услугами, учреждение и деятельность, применялись разумным, объективным и беспристрастным образом.

      58. Каждое государство-член сохраняет или создает так скоро, как это практически возможно, судебные, арбитражные или административные органы или процедуры, которые по запросу лиц других государств-членов, интересы которых затронуты, обеспечивают безотлагательное рассмотрение и обоснованное принятие мер в целях изменения административных решений, влияющих на торговлю услугами, учреждение и деятельность. В тех случаях, когда указанные процедуры не являются независимыми от органа, уполномоченного принимать такие административные решения, государство-член обеспечивает, чтобы процедуры действительно обеспечивали объективное и беспристрастное рассмотрение.

      59. Положения пункта 58 настоящего Протокола не предусматривают требования к государству-члену создавать органы или процедуры, указанные в пункте 58 настоящего Протокола, когда это несовместимо с его конституционным порядком или природой его судебной системы.

      60. При необходимости получения разрешения на торговлю услугами, учреждение и (или) деятельность компетентные органы государства-члена в течение разумного периода времени после представления заявления, которое сочтено оформленным в соответствии с требованиями законодательства государства-члена и правилами регулирования, информируют заявителя о рассмотрении заявления и принятом по результатам его рассмотрения решении.

      Указанное заявление не считается надлежаще оформленным до тех пор, пока не будут получены все документы и (или) сведения в соответствии с требованиями законодательства государства-члена.

      В любом случае заявителю должна быть предоставлена возможность внести в заявление технические исправления.

      По запросу заявителя компетентные органы государства-члена предоставляют информацию о ходе рассмотрения заявления без излишней задержки.

      61. Для обеспечения того, чтобы разрешительные требования и процедуры не создавали неоправданных барьеров при торговле услугами, учреждении и деятельности, Комиссия по согласованию с государствами-членами разработает правила, утверждаемые Высшим советом. Эти правила имеют целью обеспечить, чтобы такие разрешительные требования и процедуры среди прочего:

      1) основывались на таких объективных и гласных критериях, как компетентность и способность осуществлять торговлю услугами и деятельность;

      2) не были более обременительными, чем это необходимо для обеспечения безопасности осуществляемой деятельности, а также безопасности и качества поставляемой услуги;

      3) не являлись ограничением для торговли услугами, учреждения и (или) деятельности.

      62. Государства-члены не применяют разрешительные требования и процедуры, которые аннулируют или сокращают выгоды и:

      1) не соответствуют критериям, указанным в пункте 61 настоящего Протокола;

      2) не были установлены законодательством государства-члена и не применялись соответствующим государством-членом на дату подписания Договора.

      63. При определении факта выполнения государством-членом обязательств, указанных в пункте 62 настоящего Протокола, должны быть приняты во внимание международные стандарты международных организаций, членство в которых открыто для всех государств-членов.

      64. В случае если государство-член применяет разрешительные требования и процедуры в отношении торговли услугами, учреждения и (или) деятельности, то такое государство-член обеспечивает, чтобы:

      1) наименования компетентных органов, отвечающих за выдачу разрешений, были опубликованы или иным образом доведены до общего сведения;

      2) все разрешительные требования и процедуры были установлены в законодательстве государства-члена и любой акт, устанавливающий или применяющий разрешительные процедуры и требования, публиковался до даты его вступления в силу (введения в действие);

      3) компетентные органы принимали решение о выдаче либо об отказе в выдаче разрешения в течение разумного срока, определенного в законодательстве государства-члена, как правило, не позднее 30 рабочих дней с даты получения (поступления) заявления о выдаче разрешения, которое сочтено оформленным в соответствии с требованиями законодательства государства-члена. Такой срок определяется исходя из минимального времени, требуемого для получения и обработки всех документов и (или) сведений, необходимых для осуществления разрешительной процедуры;

      4) любые сборы, взимаемые в связи с представлением и рассмотрением заявления, за исключением сборов, взимаемых за право на осуществление деятельности, не являлись сами по себе ограничением для торговли услугами, учреждения, деятельности и основывались на затратах компетентного органа, связанных с рассмотрением заявления и выдачей разрешения;

      5) по истечении срока, указанного в подпункте 3 настоящего пункта, и по требованию заявителя компетентный орган государства-члена в соответствии с пунктом 60 настоящего Протокола информировал заявителя о состоянии рассмотрения его заявления, а также о том, считается ли это заявление надлежаще оформленным.

      В любом случае заявителю должны быть предоставлены права, предусмотренные пунктами 57, 58, 60, 62 и 64 настоящего Протокола;

      6) по письменному требованию заявителя, которому было отказано в приеме заявления, компетентный орган, отказавший в приеме заявления, письменно информировал заявителя о причинах такого отказа. При этом такое положение не должно толковаться как требование от компетентного органа раскрытия информации, разглашение которой препятствует исполнению закона или иным образом противоречит общественным интересам или существенным интересам безопасности государства-члена;

      7) в случае если было отказано в приеме заявления, мог подать новое заявление, если компетентным органом было отказано в приеме такого заявления по причине его ненадлежащего оформления;

      8) выдаваемые разрешения на поставку услуг действовали на всей указанной в таких разрешениях территории государства-члена.

VII. Инвестиции
1. Общие положения

      65. Положения настоящего раздела применяются в отношении всех инвестиций, осуществленных инвесторами государств-членов на территории другого государства-члена начиная с 16 декабря 1991 г.

      66. Одной из форм осуществления инвестиций является учреждение в понимании подпункта 24 пункта 2 настоящего Протокола. К таким инвестициям применяются положения настоящего Протокола, за исключением положений пунктов 69 – 74 настоящего Протокола.

      67. Изменение способов осуществления инвестиций, а также форм, в которых инвестиции вкладываются или реинвестируются, не влияет на их квалификацию в качестве инвестиций при условии, что такое изменение не противоречит законодательству государства-реципиента.

2. Правовой режим и защита инвестиций

      68. Каждое государство-член обеспечивает на своей территории справедливый и равноправный режим в отношении инвестиций и деятельности в связи с инвестициями, осуществляемых инвесторами других государств-членов.

      69. Режим, указанный в пункте 68 настоящего Протокола, должен быть не менее благоприятным, чем режим, который предоставляется этим государством-членом в отношении инвестиций и деятельности в связи с такими инвестициями, осуществляемой своими (национальными) инвесторами.

      70. Каждое государство-член предоставляет при таких же (подобных) обстоятельствах инвесторам любого другого государства-члена, их инвестициям и деятельности, связанной с такими инвестициями, режим не менее благоприятный, чем режим, предоставляемый инвесторам любого третьего государства, их инвестициям и деятельности, связанной с такими инвестициями.

      71. Режимы, предусмотренные пунктами 69 и 70 настоящего Протокола, должны предоставляться государствами-членами по выбору инвестора в зависимости от того, какой из режимов является наиболее благоприятным.

      72. Каждое государство-член создает благоприятные условия для осуществления на своей территории инвестиций инвесторам других государств-членов и допускает такие инвестиции в соответствии со своим законодательством.

      73. Каждое государство-член в соответствии со своим законодательством оставляет за собой право ограничивать деятельность инвесторов других государств-членов, а также применять и вводить иные изъятия из национального режима, указанного в пункте 69 настоящего Протокола.

      74. Положения пункта 70 настоящего Протокола не должны толковаться как обязывающие государство-член распространять на инвестиции и деятельность в связи с такими инвестициями инвесторов других государств-членов преимущества любого режима, преференции или привилегии, которые предоставляются или могут быть предоставлены в будущем этому государству-члену на основе международных договоров об избежании двойного налогообложения или других договоренностей по вопросам налогообложения, а также соглашений, указанных в пункте 46 настоящего Протокола.

      75. Каждое государство-реципиент гарантирует инвесторам других государств-членов после выполнения ими всех налоговых и иных предусмотренных законодательством государства-реципиента обязательств:

      1) право использовать и распоряжаться полученными в результате осуществления инвестиций доходами в любых целях, не запрещенных законодательством государства-реципиента;

      2) исключен Законом РК от 15.02.2021 № 6-VII;

      3) право беспрепятственно осуществлять в любую страну по усмотрению инвестора переводы денежных средств (денег) и платежей, связанных с инвестициями, указанных в пункте 8 настоящего Протокола.

      Сноска. Пункт 75 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      76. Каждое государство-член гарантирует и обеспечивает в соответствии со своим законодательством защиту на своей территории инвестиций инвесторов других государств-членов.

3. Возмещение ущерба и гарантии инвесторов

      77. Инвесторы имеют право на возмещение ущерба, нанесенного их инвестициям в результате гражданских беспорядков, военных действий, революции, мятежа, введения чрезвычайного положения или иных подобных обстоятельств на территории государства-члена.

      78. При этом таким инвесторам предоставляется режим не менее благоприятный, чем тот, который государство-реципиента предоставляет своим национальным инвесторам или инвесторам третьего государства в отношении мер, принимаемых этим государством-членом в связи с возмещением такого ущерба, в зависимости от того, какой из режимов является наиболее благоприятным для инвестора.

4. Гарантии прав инвесторов при экспроприации

      79. Инвестиции инвесторов одного государства-члена, осуществленные на территории другого государства-члена, не могут быть подвергнуты прямо или косвенно экспроприации, национализации, а также иным мерам, равносильным по последствиям экспроприации или национализации (далее – экспроприация), за исключением случаев, когда такие меры принимаются в общественных интересах в установленном законодательством государства-реципиента порядке, не являются дискриминационными и сопровождаются выплатой быстрой и адекватной компенсации.

      80. Компенсация, указанная в пункте 79 настоящего Протокола, должна соответствовать рыночной стоимости экспроприируемых инвестиций инвесторов на дату, непосредственно предшествующую дате их фактической экспроприации либо дате, когда стало общеизвестно о предстоящей экспроприации.

      81. Компенсация, указанная в пункте 79 настоящего Протокола, выплачивается без задержки в срок, предусмотренный законодательством государства-реципиента, но не позднее 3 месяцев с даты экспроприации и свободно переводится за границу с территории государства-реципиента в свободно конвертируемой валюте.

      В случае задержки выплаты компенсации с даты экспроприации до даты фактической выплаты компенсации на сумму компенсации начисляются проценты, рассчитываемые по ставке национального межбанковского рынка по фактически предоставленным кредитам в долларах США сроком до 6 месяцев, но не ниже ставки LIBOR, или в порядке, определяемом по договоренности между инвестором и государством-членом.

5. Переход прав инвесторов

      82. Государство-член или уполномоченный им орган, которые произвели платеж инвестору своего государства на основе гарантии защиты от некоммерческих рисков в связи с инвестициями такого инвестора на территории государства-реципиента, могут осуществлять в порядке суброгации права инвестора в том же объеме, что и сам инвестор.

      83. Права, указанные в пункте 82 настоящего Протокола, осуществляются в соответствии с законодательством государства-реципиента, но без ущерба для положений пунктов 21, 24, 27, 29, 30 и 32 настоящего Протокола.

6. Порядок разрешения инвестиционных споров

      84. Споры между государством-реципиентом и инвестором другого государства-члена, возникающие в связи с инвестициями данного инвестора на территории государства-реципиента, включая споры, касающиеся размера, условий или порядка выплаты сумм, полученных в качестве возмещения ущерба в соответствии с пунктом 77 настоящего Протокола, и компенсации, предусмотренной пунктами 79 – 81 настоящего Протокола, или порядка осуществления платежей и перевода денежных средств, предусмотренных пунктом 8 настоящего Протокола, разрешаются по возможности путем проведения переговоров.

      85. Если спор не может быть разрешен путем проведения переговоров в течение 6 месяцев с даты письменного уведомления любой из сторон спора о проведении переговоров, то он может быть передан по выбору инвестора на рассмотрение:

      1) суда государства-реципиента, компетентного рассматривать соответствующие споры;

      2) международного коммерческого арбитража при торговой палате любого государства, согласованного участниками спора;

      3) арбитражного суда ad hoc, который, если стороны спора не согласятся на иное, должен быть создан и действовать согласно Арбитражному регламенту Комиссии Организации Объединенных Наций по праву международной торговли (ЮНСИТРАЛ);

      4) Международного центра по урегулированию инвестиционных споров, созданного в соответствии с Конвенцией об урегулировании инвестиционных споров между государствами и физическими или юридическими лицами других государств от 18 марта 1965 года, для разрешения спора в соответствии с положениями этой Конвенции (при условии, что она вступила в силу для обоих государств-членов сторон спора) или в соответствии с Дополнительными правилами Международного центра по урегулированию инвестиционных споров (в случае если Конвенция не вступила в силу для обоих или одного из государств-членов сторон спора).

      86. Инвестор, уже передавший спор для урегулирования в национальный суд либо в один из арбитражных судов, указанных в подпунктах 1 и 2 пункта 85 настоящего Протокола, не имеет права перенаправить этот спор на рассмотрение в какой-либо другой суд или арбитражный суд.

      Выбор инвестора в отношении суда или арбитражного суда, указанных в пункте 85 настоящего Протокола, является окончательным.

      87. Любое арбитражное решение по спору, рассматриваемому в соответствии с пунктом 85 настоящего Протокола, является окончательным и обязательным для сторон спора. Каждое государство-член обязуется обеспечить исполнение такого решения в соответствии со своим законодательством.

  Приложение № 1
к Протоколу о торговле услугами,
учреждении, деятельности и
осуществлении инвестиций


Порядок
торговли услугами электросвязи

      1. Настоящий Порядок применяется к мерам государств-членов, регулирующим осуществление деятельности в области электросвязи.

      2. Настоящий Порядок не применяется к деятельности в области почтовой связи.

      3. Ничто в настоящем Порядке не истолковывается как требующее от любого из государств-членов (либо требующее от государства-члена обязать поставщиков услуг, находящихся под его юрисдикцией) устанавливать особые требования в отношении сетей электросвязи, не имеющих присоединения к сети электросвязи общего пользования.

      4. Понятия, используемые в настоящем Порядке, означают следующее:

      "сеть электросвязи общего пользования" – технологическая система, включающая в себя средства и линии связи, предназначенная для возмездного оказания услуг электросвязи любому пользователю услугами электросвязи на территории государства-члена в соответствии с законодательством государства-члена;

      "универсальные услуги электросвязи" – перечень услуг электросвязи, установленный государством-членом, оказание которых любому пользователю услугами электросвязи в любом населенном пункте с установленными качеством и уровнем цен, обеспечивающими доступность этих услуг, является обязательным для операторов универсального обслуживания;

      "услуги электросвязи" – деятельность по приему, обработке, хранению, передаче и доставке сообщений электросвязи.

      5. Каждое государство-член обеспечивает, чтобы информация об условиях доступа к сетям электросвязи общего пользования и услугам электросвязи являлась общедоступной (включая информацию об условиях оказания услуг, в том числе о тарифах (ценах) спецификации технических соединений с такими сетями, об органах, ответственных за подготовку и принятие стандартов, затрагивающих такой доступ и использование, условиях, касающихся присоединения оконечного оборудования или другой аппаратуры, а также требованиях к уведомлениям, регистрации или лицензированию и любым иным разрешительным процедурам, если таковые необходимы).

      6. Деятельность по оказанию услуг электросвязи осуществляется на основании выданных уполномоченными органами государств-членов лицензий в пределах установленных в них территориальных границ с соблюдением сроков и с использованием нумерации, присвоенной каждому оператору электросвязи в порядке, установленном законодательством государств-членов.

      7. При осуществлении деятельности по оказанию услуг электросвязи с использованием радиочастотного спектра кроме лицензии на осуществление деятельности на территории государства-члена необходимо получение решения уполномоченного органа государства-члена о выделении соответствующих полос радиочастот, радиочастотных каналов или радиочастот для эксплуатации радиоэлектронного средства и присвоении (назначении) соответствующих радиочастот и (или) радиочастотных каналов.

      8. Выделение полос радиочастот, радиочастотных каналов или радиочастот, присвоение (назначение) радиочастот или радиочастотных каналов, выдача разрешений на право использования радиочастотного спектра осуществляются в порядке, установленном законодательством государств-членов.

      9. Платежи, связанные с выделением и использованием радиочастотного спектра, взимаются в порядке и размерах, установленных законодательством государств-членов.

      10. Государства-члены принимают все необходимые меры, включая правовые и административные, для обеспечения недискриминационного, равного доступа к сетям и услугам электросвязи.

      11. Присоединение к сети электросвязи общего пользования оператора электросвязи независимо от его положения на рынке услуг электросвязи осуществляется в соответствии с законодательством государства-члена при наличии технической возможности на условиях не менее благоприятных, чем те, которые предусмотрены для других операторов электросвязи государств-членов, действующих в сопоставимых условиях.

      12. Государства-члены вправе вводить и применять государственное регулирование тарифов на отдельные виды услуг электросвязи. Формирование тарифов на услуги электросвязи должно основываться на требованиях законодательства государства-члена.

      Государства-члены гарантируют лицам любого из государств-членов оказание услуг по тарифам страны пребывания при условии заключения договора на оказание услуг электросвязи с операторами страны пребывания.

      13. В отношении тех видов услуг электросвязи, тарифы на которые не подлежат государственному регулированию, государства-члены обеспечивают наличие и эффективное применение конкурентного законодательства, препятствующего искажению условий конкуренции между поставщиками, а также получателями услуг электросвязи государств-членов.

      14. К 1 января 2020 г. Советом Комиссии должен быть утвержден единый подход к установлению государствами-членами ценообразования на услуги по пропуску трафика.

      15. Государства-члены принимают все необходимые меры для обеспечения операторами электросвязи государств-членов беспрепятственного пропуска трафика, включая транзитный, на основании межоператорских договоров, а также с учетом технических возможностей сетей.

      16. Государства-члены гарантируют неприменение субсидирования услуг местной и междугородней электросвязи за счет завершения международного вызова на своей территории.

      17. Распределение и использование ресурсов радиочастотного спектра, а также ресурса нумерации осуществляются в соответствии с законодательством государств-членов.

      18. Государства-члены гарантируют оказание универсальных услуг электросвязи на своей территории на основе единых принципов и правил, предусмотренных рекомендациями международных организаций в данной области. Каждое государство-член вправе самостоятельно определять обязательства по оказанию универсальной услуги. Эти обязательства не будут рассматриваться как антиконкурентные при условии, что они будут осуществляться на основе открытости, недискриминационности и нейтральности с точки зрения конкуренции и не будут более обременительными, чем это необходимо для типа универсальной услуги, определенной этим государством-членом.

      19. Регулирующие органы государств-членов независимы от операторов электросвязи и не подотчетны им. Решения таких органов должны носить беспристрастный характер по отношению ко всем участникам данного рынка.

  Приложение № 2
к Протоколу о торговле услугами,
учреждении, деятельности и
осуществлении инвестиций


Перечень
сохраняемых государствами-членами "горизонтальных" ограничений
в отношении всех секторов и видов деятельности

      Сноска. Приложение № 2 с изменениями, внесенными законами РК от 24.12.2014 № 265-V; от 02.08.2015 № 346-V.

Ограничение



Основания для применения ограничения

(пункты приложения № 16 к Договору)



Основание для применения ограничения

(нормативный правовой акт)



I. Республика Беларусь



1. Условия и порядок доступа, включая ограничения такого доступа к субсидиям и иным мерам государственной поддержки, устанавливаются законодательством Республики Беларусь и применяются в полной мере, но без ущерба для положений разделов XXIV и XXV Договора о Евразийском экономическом союзе (далее - Договор)



пункты 23 и 26



Бюджетный кодекс Республики Беларусь,

Налоговый кодекс Республики Беларусь,

законы Республики Беларусь о республиканском бюджете на соответствующий год,

Указ Президента Республики Беларусь от 28 марта 2006 г. № 182 "О совершенствовании правового регулирования порядка оказания государственной поддержки юридическим лицам и индивидуальным предпринимателям ", нормативные правовые акты Республики Беларусь, республиканских и местных государственных органов



2. Земельные участки могут находиться у иностранных юридических лиц и индивидуальных предпринимателей только на праве аренды



пункты 23 и 26



Указ Президента Республики Беларусь от 27 декабря 2007 г. № 667 "Об изъятии и предоставлении земельных участков", Кодекс Республики Беларусь о земле



3. Процедура отбора концессионера и перечень существенных условий концессионного соглашения устанавливаются в соответствии с законодательством Республики Беларусь. Деятельность или право владения и пользования объектом концессии на основе концессионного договора, в том числе определение его условий



пункты 15 - 17, 23, 26, 31 и 33



Закон Республики Беларусь от 12 июля 2013 г. № 63-3

"О концессиях", Декрет Президента Республики Беларусь от 6 августа 2009 г. № 10 "О создании дополнительных условий для инвестиционной деятельности в Республике Беларусь", Закон Республики Беларусь от 12 июля 2013 г. № 53-3 "Об инвестициях"



4. Приоритет в предоставлении животного мира в пользование на конкретной территории или акватории отдается юридическим лицам и гражданам Республики Беларусь



пункты 23 и 26



Закон Республики Беларусь от 10 июля 2007 г. № 257-3 "О животном мире"



5. Землеустройство (мероприятия по инвентаризации земель, планированию землепользования, установлению (восстановлению) и закреплению границ объектов землеустройства, проведению других землеустроительных мероприятий, направленных на повышение эффективности использования и охраны земель) осуществляется только государственными организациями, подчиненными (входящими в систему) специально уполномоченному органу государственного управления



пункты 16, 17, 23, 26 и 31



Закон Республики Беларусь от 15 июля 2010 г. № 169-3 "Об объектах, находящихся только в собственности государства, и видах деятельности, на осуществление которых распространяется исключительное право государства",

Указ Президента Республики Беларусь от 27 декабря 2007 г. № 667 "Об изъятии и предоставлении земельных участков"



6. Техническая инвентаризация и государственная регистрация недвижимого имущества, прав на него и сделок с ним осуществляются только государственными организациями, подчиненными (входящими в систему) специально уполномоченному органу государственного управления



пункты 16, 17, 23, 26 и 31



Закон Республики Беларусь от 15 июля 2010 г. № 169-3 "Об объектах, находящихся только в собственности государства, и видах деятельности, на осуществление которых распространяется исключительное право государства", Закон Республики Беларусь от 22 июля 2002 г. № 133-3 "О государственной регистрации недвижимого имущества, прав на него и сделок с ним"



7. Оценка государственного имущества для совершения с ним сделок и (или) иных юридически значимых действий осуществляется государственными организациями, организациями, доля государственной собственности в уставном фонде которых составляет более 50 %, осуществляющими оценочную деятельность, а также организациями, подчиненными (входящими в систему) специально уполномоченному органу государственного управления



пункты 16, 17, 23, 26 и 31



Указ Президента Республики Беларусь от 13 октября 2006 г. № 615 "Об оценочной деятельности"



8. Геодезические и картографические работы, результаты которых имеют общегосударственное, межотраслевое назначение, осуществляются только государственными организациями, подчиненными (входящими в систему) специально уполномоченному органу государственного управления



пункты 16, 17, 23, 26 и 31



Закон Республики Беларусь от 15 июля 2010 г. № 169-3 "Об объектах, находящихся только в собственности государства, и видах деятельности, на осуществление которых распространяется исключительное право государства"



II. Республика Казахстан



1. Условия и порядок доступа, включая ограничения такого доступа к субсидиям и иным мерам государственной поддержки, устанавливаются законодательством Республики Казахстан и органами власти и применяются в полной мере, но без ущерба для положений разделов XXIV и XXV Договора



пункты 23 и 26



Бюджетный кодекс Республики Казахстан о республиканском бюджете на соответствующий год, нормативные правовые акты Республики Казахстан, республиканских и местных государственных органов



2. В частной собственности иностранных лиц не могут находиться земельные участки, предназначенные для ведения товарного сельскохозяйственного производства и лесоразведения. Право временного возмездного землепользования для ведения крестьянского или фермерского хозяйства и товарного сельскохозяйственного производства предоставляется иностранным лицам на срок до 10 лет



пункты 23 и 26



Земельный кодекс Республики Казахстан



3. Не допускается предоставление земельных участков, расположенных в пограничной зоне и пограничной полосе Республики Казахстан, а также в границах морских портов, в частную собственность иностранцам и иностранным юридическим лицам.

Земельные участки сельскохозяйственного назначения, непосредственно примыкающие (трехкилометровая зона) к охранной зоне Государственной границы Республики Казахстан, предоставляются только гражданам и юридическим лицам Республики Казахстан на праве временного землепользования до их делимитации и демаркации, если иное не установлено законодательством Республики Казахстан о Государственной границе Республики Казахстан



пункты 23 и 26



Земельный кодекс Республики Казахстан, Закон Республики Казахстан от 21 сентября 1994 г. № 156-ХШ "О транспорте в Республике Казахстан", Закон Республики Казахстан от 16 января 2013 г. № 70-V "О Государственной границе Республики Казахстан"



4. Право постоянного землепользования не может принадлежать иностранным землепользователям



пункты 23 и 26



Земельный кодекс Республики Казахстан



5. В отношении контрактов на недропользование между Правительством Республики Казахстан и недропользователем, заключенных в соответствии с Законом Республики Казахстан от 24 июня 2010 г. № 291-IV

"О недрах и недропользовании" до даты вступления в силу Договора, применяются условия таких контрактов1



пункты 16, 17, 23, 26, 31, 33 и 35



Закон Республики Казахстан от 24 июня 2010 г. № 291-IV "О недрах и недропользовании", Закон Республики Казахстан "О недрах и недропользовании" от 27 января 1996 г., Закон Республики Казахстан "О нефти" от 28 июня 1995 г.



6. В отношении контрактов на недропользование между Правительством Республики Казахстан и недропользователем, заключенных в соответствии с Законом Республики Казахстан от 24 июня 2010 г. № 291-IV

"О недрах и недропользовании" после вступления в силу Договора2



пункты 16, 17, 23, 26, 31, 33 и 35



Закон Республики Казахстан от 24 июня 2010 г. № 291-IV "О недрах и недропользовании", Закон Республики Казахстан "О недрах и недропользовании" от 27 января 1996 г., Закон Республики Казахстан "О нефти" от 28 июня 1995 г.



6.1. Республика Казахстан сохраняет право требовать от инвесторов в соответствии с инвестиционным контрактом закупки услуг у юридических лиц Республики Казахстан:





6.1.1. в отношении разведки и добычи твердых полезных ископаемых - не более 50 % от всех закупаемых таким инвестором услуг в связи с реализацией инвестиционного контракта





6.1.2. в отношении разведки и добычи углеводородного сырья:





6.1.2.1. до 1 января 2016 г. - не более 70 % от всех закупаемых таким инвестором услуг в связи с реализацией инвестиционного контракта





6.1.2.2. с 1 января 2016 г. до даты присоединения Республики Казахстан к ВТО - не более 60 % от всех закупаемых таким инвестором услуг в связи с реализацией инвестиционного контракта





6.1.2.3. с даты присоединения Республики Казахстан к ВТО - не более 50 % от всех закупаемых таким инвестором услуг в связи с реализацией инвестиционного контракта





6.2. в течение 6 лет после вступления Республики Казахстан в ВТО при проведении инвестором конкурса на привлечение субподрядчика инвестор условно уменьшает на 20 % цену конкурсной заявки, представленной юридическим лицом Республики Казахстан, если по крайней мере 75 % квалифицированных работников этого субподрядчика являются гражданами Республики Казахстан, при условии, что юридическое лицо Республики Казахстан отвечает стандартам и качественным характеристикам, установленным в конкурсной документации





6.3. по истечении 6 лет с момента вступления Республики Казахстан в ВТО при проведении инвестором конкурса на привлечение субподрядчика инвестор условно уменьшает на 20 % цену конкурсной заявки, представленной юридическим лицом Республики Казахстан, если по крайней мере 50 % квалифицированных работников этого субподрядчика являются гражданами Республики Казахстан, при условии, что юридическое лицо Республики Казахстан отвечает стандартам и качественным характеристикам, установленным в конкурсной документации





6.4. при установлении условий проведения конкурса на предоставление права недропользования Республика Казахстан не будет устанавливать минимальное казахстанское содержание в кадрах или услугах, превышающее 50 %, с учетом следующего:





6.4.1. казахстанское содержание в кадрах, привлекаемых инвестором, которому было предоставлено право недропользования (далее - инвестор), будет рассчитываться как пропорция в равных долях на основе количества руководителей, менеджеров и специалистов, в соответствии со значением этих терминов, определенным для целей въезда и временного пребывания лиц, переводимых в рамках внутрикорпоративного перевода, в Перечне специфических обязательств Республики Казахстан в рамках ВТО по доступу на рынок услуг (далее - квалифицированные работники), являющихся гражданами Республики Казахстан





6.4.2. казахстанское содержание во всех услугах, которые оказываются инвестору, определяется как доля общей годовой суммы платежей (затрат) за оказание услуг по всем контрактам, которые были оплачены юридическим лицам Республики Казахстан.3 Однако сумма, уплаченная юридическому лицу Республики Казахстан, должна быть уменьшена на любую сумму, которая была выплачена за оказание услуг на основе договора субподряда на любом уровне организациям, не являющимся юридическими лицами Республики Казахстан





6.4.3. при определении победителя конкурса на предоставление права недропользования Республика Казахстан не должна учитывать тот факт, что потенциальный инвестор может предложить уровень казахстанского содержания в кадрах и услугах больше 50 %





6.5. Республика Казахстан сохраняет право требовать от инвесторов в соответствии с инвестиционным контрактом закупки товаров в порядке и на условиях, предусмотренных пунктом 5 раздела II перечня к приложению № 28 к Договору





7. В отношении закупок Фондом Национального благосостояния "Самрук-Казына" (ФНБ) и организациями, 50 % и более голосующих акций (долей участия) которых прямо или косвенно владеет ФНБ "Самрук-Казына", а также в компаниях, которые прямо или косвенно принадлежат государству (доля государства в которых составляет 50 % и более) в соответствии с Законом Республики Казахстан от 1 февраля 2012 г. № 550-IV "О фонде национального благосостояния" и постановлением Правительства Республики Казахстан от 28 мая 2009 г. № 787 "Об утверждении Типовых правил закупок товаров, работ и услуг, осуществляемых национальным управляющим холдингом, национальными холдингами, национальными компаниями и организациями, 50 и более процентов акций (долей участия) которых прямо или косвенно принадлежат национальному управляющему холдингу, национальному холдингу, национальной компании", изъятие в отношении местного содержания сохраняется и применяется на условиях и в порядке, предусмотренном пунктом 6 раздела II перечня к приложению № 28 к Договору4



пункты 16, 17, 23, 26, 31, 33 и 35



Закон Республики Казахстан от 1 февраля 2012 г. № 550-IV "О фонде национального благосостояния", постановление Правительства Республики Казахстан от 28 мая 2009 г. № 787 "Об утверждении Типовых правил закупок товаров, работ и услуг, осуществляемых национальным управляющим холдингом, национальными холдингами, национальными компаниями и организациями, пятьдесят и более процентов акций (долей участия) которых прямо или косвенно принадлежат национальному управляющему холдингу, национальному холдингу, национальной компании"



8. Государственный орган вправе отказать в выдаче разрешения заявителю на совершение сделок по использованию стратегических ресурсов и (или) использованию, приобретению, стратегических объектов Республики Казахстан, если это может повлечь за собой концентрацию прав у одного лица или группы лиц из одной страны. Соблюдение данного условия обязательно и в отношении сделок с аффилированными лицами. В целях обеспечения национальной безопасности Правительством Республики Казахстан устанавливаются ограничения на переход и возникновение права собственности на стратегические ресурсы (объекты) Республики Казахстан. В том числе в целях реализации соответствующего решения (акта) Правительства Республики Казахстан эмитент, контрольный пакет акций которого прямо или косвенно принадлежит национальному управляющему холдингу, при размещении акций на организованном рынке ценных бумаг не вправе продавать акции иностранным гражданам и (или) юридическим лицам, а также лицам без гражданства



пункты 15, 16, 23, 26, 31 и 33



Закон Республики Казахстан от 6 января 2012 г. № 527-IV "О национальной безопасности", Закон Республики Казахстан от 2 июля 2003 г. № 461 "О рынке ценных бумаг"



9. Процедура отбора концессионера и перечень существенных условий концессионного соглашения устанавливаются в соответствии с законодательством Республики Казахстан. Сохраняется право назначать исключительного концессионера. Отдельные права и обязанности концедента могут осуществляться уполномоченными концедентами



пункты 15-17, 23, 26, 31 и 33



Закон Республики Казахстан от 7 июля 2006 г. № 167-3 "О концессиях"



10. Могут вводиться ограничения в отношении деятельности в пределах континентального шельфа Республики Казахстан



пункты 15-17, 23, 26, 31 и 33



Закон Республики Казахстан от 24 июня 2010 г. № 291-IV "О недрах и недропользовании"



11. Приоритет в предоставлении животного мира в пользование на конкретной территории или акватории отдается юридическим лицам и гражданам Республики Казахстан



пункты 23 и 26



Закон Республики Казахстан от 9 июля 2004 г. № 593-II "Об охране, воспроизводстве и использовании животного мира"



III. Российская Федерация



1. Условия и порядок доступа, включая ограничения такого доступа к субсидиям и иным мерам государственной поддержки устанавливаются федеральными, региональными и муниципальными органами власти и применяются в полной мере, но без ущерба для положений разделов XXIV и XXV Договора



пункты 23 и 26



Бюджетный Кодекс Российской Федерации, федеральный закон о федеральном бюджете на соответствующий год, нормативные правовые акты Российской Федерации, субъектов Российской Федерации и муниципальных образований



2. Иностранная собственность на сельскохозяйственные земли и земли приграничных территорий запрещается и может быть ограничена для других типов земель. Аренда земельных участков разрешена на период до 49 лет



пункты 23 и 26



Земельный кодекс Российской Федерации, Федеральный закон от 24 июля 2002 г. № 101-ФЗ "Об обороте земель сельскохозяйственного назначения"



3. Российские юридические лица, в уставном (складочном) капитале которых доля иностранных лиц (либо их совокупная доля) составляет более чем 50 %, могут владеть земельными участками сельскохозяйственного назначения исключительно на праве аренды. Срок такой аренды не может превышать 49 лет



пункты 23 и 26



Земельный кодекс Российской Федерации, Федеральный закон от 24 июля 2002 г. № 101-ФЗ "Об обороте земель сельскохозяйственного назначения"



4. Операции с землями традиционного проживания и осуществления экономической деятельности коренных малочисленных народов и малых этнических групп, а также земельными участками, находящимися на приграничных территориях и на иных установленных особо территориях Российской Федерации, могут быть ограничены или запрещены в соответствии с нормативными правовыми актами Российской Федерации



пункты 23 и 26



Земельный кодекс Российской Федерации, Федеральный закон от 1 февраля 1993 г. № 4730-I "О Государственной границе Российской Федерации"



5. В отношении торговли услугами посредством способов поставки услуг, указанных в абзацах втором и третьем подпункта 22 пункта 6 приложения № 16 к Договору, юридические лица Российской Федерации имеют преимущественное право на участие в реализации соглашения о разделе продукции в качестве подрядчиков, поставщиков, перевозчиков или в ином качестве по соглашениям (контрактам) с инвесторами



пункт 23



Федеральный закон от 30 декабря 1995 г. № 225-ФЗ "О соглашениях о разделе продукции"



6. Учреждение лицами любого другого государства-члена юридических лиц, открытие филиалов и представительств, регистрация в качестве индивидуального предпринимателя на территории закрытого административно-территориального образования в Российской Федерации, приобретение лицами любого другого государства-члена доли участия в капитале юридических лиц, зарегистрированных на территории закрытого административно- территориального образования, а также деятельность юридических лиц, зарегистрированных на территории закрытого административно- территориального образования (в том числе с иностранным капиталом), филиалов и представительств может быть ограничена или запрещена в соответствии с нормативными правовыми актами Российской Федерации



пункты 15-17, 23, 26, 31 и 33



Федеральный закон от 14 июля 1992 г. № 3297-1 "О закрытом административно-территориальном образовании"



7. Могут вводиться ограничения в отношении деятельности в пределах континентального шельфа Российской Федерации



пункты 15-17, 23, 26, 31 и 33



Федеральный закон от 30 ноября 1995 г. № 187-ФЗ "О континентальном шельфе Российской Федерации"



8. Приоритет в предоставлении животного мира в пользование на конкретной территории или акватории отдается юридическим лицам и гражданам Российской Федерации



пункты 23 и 26



Федеральный закон от 24 апреля 1995 г. № 52-ФЗ "О животном мире"



9. В отношении заключения соглашений о разделе продукции, которые были заключены до 1 января 2012 г. (далее соглашения)5:

условиями аукциона на заключение соглашения должно быть предусмотрено участие российских юридических лиц в реализации соглашений в долях, определенных Правительством Российской Федерации

соглашением предусматриваются обязательства инвестора по:

предоставлению российским юридическим лицам преимущественного права на участие в работах по соглашению в качестве подрядчиков, поставщиков, перевозчиков или в ином качестве на основании договоров (контрактов) с инвесторами

привлечению работников - граждан Российской Федерации, количество которых должно составлять не менее чем 80 % состава всех привлеченных работников, привлечению иностранных рабочих и специалистов только на начальных этапах работ по соглашению или при отсутствии рабочих и специалистов - граждан Российской Федерации соответствующей квалификации

приобретению необходимых для геологического изучения, добычи, транспортировки и переработки полезных ископаемых технологического оборудования, технических средств и материалов российского происхождения в объеме не менее 70 % общей стоимости приобретенных (в том числе по договорам аренды, лизинга и по иным основаниям) в каждом календарном году для выполнения работ по соглашению оборудования, технических средств и материалов, затраты на приобретение и использование которых возмещаются инвестору компенсационной продукцией. При этом оборудование, технические средства и материалы считаются российского происхождения при условии, что они изготовлены российскими юридическими лицами и (или) гражданами Российской Федерации на территории Российской Федерации из узлов, деталей, конструкций и комплектующих, не менее чем на 50 % в стоимостном выражении произведенных на территории Российской Федерации российскими юридическими лицами и (или) гражданами Российской Федерации. Государства-члены должны предусматривать в соглашении условие, что не менее 70 % технологического оборудования в стоимостном выражении для добычи полезных ископаемых, их транспортировки и переработки (если это предусматривается соглашением), приобретаемого и (или) используемого инвестором для выполнения работ по соглашению, должно быть российского происхождения. Данное положение не распространяется на использование объектов магистрального трубопроводного транспорта, строительство и приобретение которых не предусмотрены соглашением



пункты 23 и 26



Федеральный закон от 30 декабря 1995 г. № 225-ФЗ "О соглашениях о разделе продукции"



10. Процедура отбора концессионера и перечень существенных условий концессионного соглашения устанавливаются в соответствии законодательством Российской Федерации. Сохраняется право назначать исключительного концессионера. Отдельные права и обязанности концедента могут осуществляться уполномоченными концедентом



пункты 15-17, 23, 26, 31 и 33



Федеральный закон от 21 июля 2005 г. № 115-ФЗ "О концессионных соглашениях"



11. Сделка, совершаемая лицом любого другого государства-члена и влекущая за собой установление контроля над российскими хозяйственными обществами, осуществляющими хотя бы один из видов деятельности, имеющих стратегическое значение для обеспечения обороны страны и безопасности государства, требует получения разрешения уполномоченного органа Российской Федерации в порядке, определяемом нормативными правовыми актами Российской Федерации.

Иностранные государства, международные организации, а также находящиеся под их контролем лица, в том числе созданные на территории Российской Федерации, не вправе совершать сделки, влекущие за собой установление контроля над российскими хозяйственными обществами, осуществляющими хотя бы один из видов деятельности, имеющих стратегическое значение для обороны страны и безопасности государства.

Иностранные инвесторы или группа лиц обязаны представлять в уполномоченный орган информацию о приобретении 5 или более процентов акций (долей), составляющих уставные капиталы хозяйственных обществ, осуществляющих хотя бы один из видов деятельности, имеющих стратегическое значение для обеспечения обороны страны и безопасности государства



пункты 15, 16, 23, 26, 31 и 33



Федеральный закон от 29 апреля 2008 г. № 57-ФЗ "О порядке осуществления иностранных инвестиций в хозяйственные общества, имеющие стратегическое значение для обеспечения обороны страны и безопасности государства"



12. Земельные участки в границах морского порта не могут находиться в собственности иностранных граждан, лиц без гражданства, иностранных организаций



пункты 23 и 26



Федеральный закон от 8 ноября 2007 г. № 261-ФЗ "О морских портах в Российской Федерации и о внесении изменений в отдельные законодательные акты Российской Федерации"



IV. Республика Армения



1. Только юридические лица, учрежденные в соответствии с законодательством Республики Армения, имеют право на субсидирование независимо от того, кто является собственником капитала



пункты 23 и 26



Закон Республики Армения "О бюджетной системе Республики Армения" от 24 июня 1997 г. № ЗР-137,

Решение Правительства Республики Армения от 24 декабря 2003 г. № 1937-Н



2. Правом собственности на землю не пользуются иностранные граждане и лица без гражданства, за исключением случаев, предусмотренных законом. Срок аренды земельных участков, являющихся государственной и (или) муниципальной собственностью, не может быть более 99 лет, за исключением земель сельскохозяйственного назначения, срок аренды которых устанавливается до 25 лет



пункты 23 и 26



Конституция Республики Армения,

Земельный кодекс Республики Армения



3. Пользователем недр может быть только юридическое лицо, в том числе коммерческая организация иностранного государства



пункты 23 и 26



Кодекс о недрах Республики Армения



4. Картоведением, геодезией, учетной записью и землеустройством могут заниматься только граждане Республики Армения, получившие сертификат квалификации от государственного уполномоченного органа



пункты 23 и 26



Закон Республики Армения

"О государственной регистрации прав на имущество" от 14 апреля 1999 г. № ЗР-295,

Решение Правительства Республики Армения

от 29 сентября 2011 г.

№ 1441-Н



     

V. Кыргызская Республика



1. Условия и порядок доступа к субсидиям и иным мерам государственной поддержки устанавливаются законодательством Кыргызской Республики и органами власти и применяются в полной мере, но без ущерба для положений разделов XXIV и XXV Договора о Евразийском экономическом союзе от 29 мая 2014 года



пункты 23 и 26



Закон Кыргызской Республики от 11 июня 1998 г. № 78 "Об основных принципах бюджетного права в Кыргызской Республике",

Закон Кыргызской Республики от 31 октября 1998 г. № 140 "О субсидиях и компенсационных мерах",

законы Кыргызской Республики о республиканском бюджете на соответствующий год, нормативные правовые акты Кыргызской Республики, республиканских и местных государственных органов



2. В частной собственности иностранных лиц не могут находиться земельные участки, предназначенные для сельскохозяйственного производства



пункты 23 и 26



Земельный кодекс Кыргызской Республики



3. Иностранным лицам земельные участки вне населенных пунктов, за исключением сельскохозяйственных угодий и земель, предоставляемых для пользования недрами, могут предоставляться Правительством Кыргызской Республики на праве срочного (временного) пользования



пункты 23 и 26



Земельный кодекс Кыргызской Республики



4. На приграничных территориях Кыргызской Республики, имеющих особый статус, запрещается совершение гражданско-правовых сделок, связанных с отчуждением любых видов объектов недвижимости независимо от форм собственности в собственность иностранным гражданам, лицам без гражданства и иностранным юридическим лицам, за исключением кайрылманов



пункты 23 и 26



Земельный кодекс Кыргызской Республики,

Закон Кыргызской Республики от 26 июля 2011 г. № 145 "О придании особого статуса отдельным приграничным территориям Кыргызской Республики и их развитии"



5. Иностранным гражданам, лицам без гражданства и иностранным юридическим лицам, за исключением кайрылманов, не могут предоставляться на праве срочного (временного) пользования земельные участки, находящиеся на приграничных территориях



пункты 23 и 26



Земельный кодекс Кыргызской Республики,

Закон Кыргызской Республики от 26 июля 2011 г. № 145 "О придании особого статуса отдельным приграничным территориям Кыргызской Республики и их развитии"



6. Право бессрочного землепользования не может принадлежать иностранным землепользователям



пункты 23 и 26



Земельный кодекс Кыргызской Республики



7. В отношении соглашений на недропользование между Правительством Кыргызской Республики и недропользователем, заключенных в соответствии с Законом Кыргызской Республики от 9 августа 2012 г. № 160 "О недрах", если победителем аукциона или конкурса на право пользования недрами либо лицом, с которым решено вести прямые переговоры, будет признано иностранное юридическое лицо, оно обязано открыть в Кыргызской Республике дочернюю компанию со 100-процентным долевым участием для оформления лицензии на право пользования недрами



пункты 26 и 31 (в отношении подпунктов 5 и 6 пункта 30)



Закон Кыргызской Республики от 9 августа 2012 г. № 160 "О недрах", Закон Кыргызской Республики от 10 апреля 2002 г. № 49 "О соглашениях о разделе продукции при недропользовании"



8. Государственный орган вправе отказать в выдаче разрешения заявителю на совершение сделок по использованию стратегических ресурсов и (или) использованию, приобретению стратегических объектов Кыргызской Республики.

В целях обеспечения национальной безопасности Правительством Кыргызской Республики устанавливаются ограничения на переход и возникновение права собственности на стратегические ресурсы (объекты) Кыргызской Республики



пункты 16, 26 и 31



Закон Кыргызской Республики от 23 мая 2008 г. № 94 "О стратегических объектах Кыргызской Республики"



9. В соглашении о разделе продукции при недропользовании (далее – Соглашение), заключенном до 1 января 2015 г., предусматриваются обязательства инвестора:

по предоставлению юридическим лицам Кыргызской Республики преимущественного права на участие в работах по Соглашению в качестве подрядчиков, поставщиков, перевозчиков или в ином качестве на основании договоров (контрактов) с инвестором;

по привлечению работников – граждан Кыргызской Республики, количество которых должно составлять не менее 80 процентов всех привлеченных работников;

привлечению иностранных рабочих и специалистов только на начальных этапах работ по соглашению или при отсутствии рабочих и специалистов – граждан Кыргызской Республики соответствующих квалификаций;

по размещению заказов на изготовление оборудования, технических средств и материалов, необходимых для геологического изучения, разработки месторождений полезных ископаемых и переработки добытого минерального сырья, в объеме не менее 50 процентов общей стоимости таких заказов, размещаемых юридическими лицами Кыргызской Республики и иностранными юридическими лицами, осуществляющими деятельность и зарегистрированными в качестве налогоплательщиков на территории Кыргызской Республики



пункты 31 (в отношении подпунктов 3 и 7 пункта 30), 33 и 35



Закон Кыргызской Республики

от 10 апреля 2002 г. № 49 "О соглашениях о разделе продукции при недропользовании"



10. В случае передачи в концессию имущества акционерного общества право решающего голоса в акционерном обществе и распоряжения объектами концессионного договора сохраняется за Правительством Кыргызской Республики.

Объектом концессионного договора может выступать имущество акционерных обществ, в которых государство владеет не менее двух третей акций, при условии принятия решения в соответствии с законодательством Кыргызской Республики



пункты 16, 26, 31 (в отношении подпунктов 3,

5 и 6 пункта 30)



Закон Кыргызской Республики от 6 марта 1992 г. № 850-XII "О концессиях и концессионных предприятиях в Кыргызской Республике"



11. Обязанность лиц других государств – членов Евразийского экономического союза по получению согласия уполномоченного органа на приобретение в собственность жилых помещений, расположенных на территории Кыргызской Республики



пункты 23 и 26



Жилищный кодекс Кыргызской Республики



12. Покупателями жилых помещений при приватизации могут быть только граждане Кыргызской Республики



пункт 15



Жилищный кодекс Кыргызской Республики".



     

      ________________

      1Данные изъятия сохраняются и применяются в порядке и на условиях, предусмотренных протоколом о присоединении Республики Казахстан к ВТО.

      2Данные изъятия сохраняются и применяются в порядке и на условиях, предусмотренных протоколом о присоединении Республики Казахстан к ВТО.

      3Контракты с юридическим лицом Республики Казахстан не будут приниматься во внимание, если это лицо не осуществляет согласованный вид деятельности на территории Республики Казахстан. Понятие "юридическое лицо Республики Казахстан" включает также индивидуальных предпринимателей.

      4Данные изъятия сохраняются и применяются в порядке и на условиях, предусмотренных протоколом о присоединении Республики Казахстан к ВТО.

      5Данные ограничения сохраняются и применяются в порядке и на условиях, предусмотренных Протоколом от 16 декабря 2011 года о присоединении Российской Федерации к Марракешскому соглашению об учреждении Всемирной торговой организации от 15 апреля 1994 г.

  ПРИЛОЖЕНИЕ № 17
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
по финансовым услугам

      1. Настоящий Протокол разработан в соответствии со статьей 70 Договора о Евразийском экономическом союзе (далее – Договор) и применяется к мерам государств-членов, затрагивающим торговлю финансовыми услугами, а также учреждение и (или) деятельность поставщиков финансовых услуг.

      2. Положения настоящего Протокола не применяются к поставляемым услугам и деятельности, осуществляемой во исполнение функций государственной власти на некоммерческой основе и не на условиях конкуренции, а также в отношении предоставления субсидий.

      3. Понятия, используемые в настоящем Протоколе, означают следующее:

      "государственное учреждение" – орган государственной власти, либо национальный (центральный) банк государства-члена, либо организация государства-члена, принадлежащая государству-члену или контролируемая этим государством-членом, которая осуществляет исключительно полномочия, делегированные органом государственной власти этого государства-члена или национальным (центральным) банком такого государства-члена;

      "деятельность" – деятельность юридических лиц, филиалов, представительств, учрежденных в понимании настоящего Протокола;

      "законодательство государства-члена" – законы и иные нормативные правовые акты государства-члена, нормативные акты национального (центрального) банка государства-члена;

      "кредитная организация" – юридическое лицо государства-члена, которое для извлечения прибыли как основной цели своей деятельности на основании лицензии, выданной уполномоченным органом государства-члена по регулированию банковской деятельности, имеет право осуществлять банковские операции в соответствии с законодательством государства-члена, на территории которого оно зарегистрировано;

      "лицензия" – специальное разрешение (документ), выдаваемое уполномоченным органом государства-члена, предоставляющее право его владельцу осуществлять на территории государства-члена определенный вид деятельности;

      "мера государства-члена" – законодательство государства-члена, а также решение, действие или бездействие уполномоченного органа государства-члена или должностного лица уполномоченного органа государства-члена.

      В случае принятия (издания) уполномоченным органом государства-члена официального документа, имеющего рекомендательный характер, такая рекомендация может быть признана мерой для целей настоящего Протокола в случае, если будет доказано, что на практике преимущественная часть адресатов данной рекомендации следуют ей;

      "национальный режим" – предоставление лицам и финансовым услугам другого государства-члена при торговле финансовыми услугами режима не менее благоприятного, чем режим, предоставляемый при аналогичных обстоятельствах своим собственным лицам и финансовым услугам на своей территории;

      "общий финансовый рынок" – финансовый рынок государств-членов, который соответствует следующим критериям:

      гармонизированные требования к регулированию и надзору в сфере финансовых рынков государств-членов;

      взаимное признание лицензий в банковском и страховом секторах, а также в секторе услуг на рынке ценных бумаг, выданных уполномоченными органами одного государства-члена, на территориях других государств-членов;

      осуществление деятельности по предоставлению финансовых услуг на всей территории Союза без дополнительного учреждения в качестве юридического лица;

      административное сотрудничество между уполномоченными органами государств-членов, в том числе путем обмена информацией;

      "поставка/торговля финансовыми услугами" – оказание финансовых услуг, включающее в себя производство, распределение, маркетинг, продажу и доставку услуг, осуществляемое следующими способами:

      с территории одного государства-члена на территорию другого государства-члена;

      на территории одного государства-члена лицом этого государства-члена лицу другого государства-члена (потребителю услуг);

      поставщиком финансовых услуг одного государства-члена путем учреждения и деятельности на территории другого государства-члена;

      "поставщик финансовых услуг" – любое физическое или юридическое лицо государства-члена, поставляющее финансовые услуги, за исключением государственных учреждений;

      "профессиональный участник рынка ценных бумаг" – юридическое лицо государства-члена, имеющее право осуществлять профессиональную деятельность на рынке ценных бумаг в соответствии с законодательством государства-члена, на территории которого оно зарегистрировано;

      "режим наибольшего благоприятствования" – предоставление лицам и финансовым услугам другого государства-члена при торговле финансовыми услугами режима не менее благоприятного, чем режим, предоставляемый при аналогичных обстоятельствах лицам и финансовым услугам третьих стран;

      "сектор финансовой услуги" – весь сектор финансовой услуги, включая все ее подсектора, а в отношении изъятий из обязательств, ограничений и условий государства-члена, один или несколько либо все подсектора отдельной финансовой услуги;

      "страховая организация" – юридическое лицо государства-члена, имеющее право осуществлять страховую (перестраховочную) деятельность в соответствии с законодательством государства-члена, на территории которого оно зарегистрировано;

      "тест на экономическую целесообразность" – выдача разрешения на учреждение и (или) деятельность либо поставку услуги в зависимости от наличия необходимости и потребности рынка путем экономической оценки эффективности деятельности поставщика услуг на соответствие целям экономического планирования конкретной отрасли;

      "уполномоченный орган" – орган государства-члена, обладающий в соответствии с законодательством этого государства-члена полномочиями по осуществлению регулирования и (или) надзора и контроля финансового рынка, финансовых организаций (отдельных сфер финансового рынка);

      "учреждение":

      создание и (или) приобретение юридического лица (участие в капитале созданного или учрежденного юридического лица) любой организационно-правовой формы и формы собственности, предусмотренных законодательством государства-члена, на территории которого такое юридическое лицо создается или учреждается;

      приобретение контроля над юридическим лицом государства-члена, выражающееся в получении возможности непосредственно или через третьих лиц определять решения, принимаемые таким юридическим лицом, в том числе путем распоряжения голосами, приходящимися на голосующие акции (доли), путем участия в совете директоров (наблюдательном совете) и иных органах управления такого юридического лица;

      открытие филиала;

      открытие представительства;

      "финансовые услуги" – услуги финансового характера, включающие в себя следующие виды услуг:

      1) страховые и относящиеся к страховым услуги:

      a) страхование (сострахование): страхование жизни, страхование иное, чем страхование жизни;

      б) перестрахование;

      в) страховое посредничество, такое как брокерское и агентское посредничество;

      г) вспомогательные услуги по страхованию, такие как консультативные, актуарные услуги, услуги по оценке риска и услуги по урегулированию претензий;

      2) банковские услуги:

      а) прием от населения вкладов (депозитов) и других подлежащих выплате денежных средств;

      б) выдача ссуд, кредитов, займов всех видов, включая потребительский кредит, залоговый кредит, факторинг и финансирование коммерческих операций;

      в) финансовый лизинг;

      г) все виды услуг по платежам и денежным переводам;

      д) торговля за свой счет и за счет клиентов, на бирже и внебиржевом рынке, либо иным образом: иностранной валютой; деривативами, в том числе, фьючерсами и опционами; инструментами, касающимися валютных курсов и процентных ставок, включая сделки "своп" и форвардные сделки;

      е) консультативные, посреднические и другие вспомогательные финансовые услуги во всех видах деятельности, указанных в настоящем подпункте, включая справочные и аналитические материалы, связанные с анализом кредитных условий;

      3) услуги на рынке ценных бумаг:

      а) торговля финансовыми инструментами за свой счет и за счет клиентов, на бирже и внебиржевом рынке, либо иным образом;

      б) участие в эмиссии (выпуске) всех видов ценных бумаг, включая гарантирование и размещение, в качестве агента (государственного или частного), и оказание услуг, относящихся к такой эмиссии (выпуску);

      в) брокерские операции на финансовом рынке;

      г) управление такими активами, как денежные средства или ценные бумаги, все виды управления коллективными инвестициями, управление активами и инвестиционными портфелями пенсионных фондов, попечительство, услуги по хранению и трастовые услуги;

      д) клиринговые услуги по финансовым активам, включая ценные бумаги, деривативы и другие финансовые инструменты;

      е) предоставление и передача финансовой информации, обработка финансовых данных и предоставление и передача соответствующего программного обеспечения поставщиками других финансовых услуг;

      ж) консультативные, посреднические и другие вспомогательные финансовые услуги во всех видах деятельности, указанных в настоящем подпункте, включая исследования и рекомендации по прямым и портфельным инвестициям, рекомендации по вопросам приобретения, реорганизации и стратегии корпораций.

      Иные понятия в настоящем Протоколе используются в значении, указанном в Протоколе о торговле услугами, учреждении, деятельности и осуществлении инвестиций (приложение № 16 к Договору).

      4. Каждое государство-член предоставляет поставщикам финансовых услуг (юридическим лицам других государств-членов) национальный режим и режим наибольшего благоприятствования в отношении оказания самостоятельно, через посредника или в качестве посредника в соответствии с условиями, указанными в индивидуальных национальных перечнях государств-членов в приложении № 1 к настоящему Протоколу, с территории одного государства-члена на территорию другого государства-члена следующих видов финансовых услуг:

      1) страхование рисков, относящихся к:

      международным морским перевозкам и коммерческим воздушным перевозкам, коммерческим космическим запускам и фрахту (включая спутники), в отношении которых такое страхование затрагивает полностью или частично: транспортируемые товары, транспортные средства, перевозящие товар, и гражданско-правовую ответственность, возникающую в связи с перевозкой;

      товарам, перемещаемым в рамках международного транзита;

      2) перестрахование, а также такие вспомогательные страховые услуги, как консультационные услуги, актуарные услуги, оценка риска и урегулирование претензий;

      3) предоставление, передача финансовой информации, обработка финансовых данных и соответствующего программного обеспечения поставщиков других финансовых услуг;

      4) консультативные и другие вспомогательные услуги, включая предоставление справочных материалов (кроме посредничества и услуг, связанных с анализом кредитных историй, исследования и рекомендации по прямым и портфельным инвестициям, рекомендации по вопросам приобретения, реорганизации и стратегии корпораций) в отношении услуг на рынке ценных бумаг и банковских услуг.

      5. Каждое государство-член разрешает лицам этого государства-члена на территории другого государства-члена потреблять финансовые услуги, указанные в подпунктах 1 – 4 пункта 4 настоящего Протокола.

      6. Каждое государство-член предоставляет лицам другого государства-члена в отношении учреждения и (или) деятельности на своей территории поставщиков финансовых услуг, как они определены в пункте 3 настоящего Протокола, национальный режим, с учетом ограничений, предусмотренных индивидуальным национальным перечнем для каждого из государств-членов в приложении № 2 к настоящему Протоколу.

      7. Каждое государство-член предоставляет лицам другого государства-члена в отношении учреждения и (или) деятельности на своей территории поставщиков финансовых услуг, как они определены в пункте 3 настоящего Протокола, режим наибольшего благоприятствования.

      8. Исключен Законом РК от 30.01.2024 № 56-VIII.
      9. Исключен Законом РК от 30.01.2024 № 56-VIII.

      10. В секторах, перечисленных в пункте 4 настоящего Протокола, за исключением случаев, предусмотренных в приложении № 1 к настоящему Протоколу, ни одно из государств-членов не применяет и не вводит в отношении финансовых услуг и поставщиков финансовых услуг другого государства-члена в связи с торговлей услугами ограничения в отношении:

      числа поставщиков финансовых услуг в форме квоты, монополии, теста на экономическую целесообразность или в любой иной количественной форме;

      операций любого поставщика финансовых услуг в форме квоты, теста на экономическую целесообразность или в любой иной количественной форме.

      В секторах, перечисленных в пункте 4 настоящего Протокола, за исключением случаев, предусмотренных в приложении № 1 к настоящему Протоколу, ни одно из государств-членов не вводит и не применяет в отношении поставщика финансовых услуг другого государства-члена требования учреждения в качестве условия для торговли финансовыми услугами.

      11. За исключением ограничений, предусмотренных индивидуальным национальным перечнем для каждого из государств-членов в приложении № 2 к настоящему Протоколу ни одно из государств-членов на своей территории не применяет и не вводит в отношении поставщиков финансовых услуг другого государства-члена в связи с учреждением и (или) деятельностью поставщиков финансовых услуг, ограничений в отношении:

      1) формы учреждения, в том числе организационно-правовой формы юридического лица;

      2) числа учреждаемых юридических лиц, филиалов или представительств в форме квоты, теста на экономическую целесообразность или в любой иной форме;

      3) приобретаемого объема доли в капитале юридического лица или степени контроля над юридическим лицом;

      4) операций учрежденного юридического лица, филиала, представительства, в ходе осуществления ими деятельности в форме квоты, теста на экономическую целесообразность или в любой иной количественной форме.

      12. Вопросы въезда, выезда, пребывания и трудовой деятельности физических лиц регулируются разделом XXVI Договора c учетом ограничений, указанных в индивидуальном национальном перечне для каждого государства-члена в приложении № 2 к настоящему Протоколу.

      13. В отношении финансовых услуг, указанных в индивидуальном национальном перечне в приложении № 1 к настоящему Протоколу и ограничений в отношении учреждения и (или) деятельности, указанных в индивидуальном национальном перечне в приложении № 2 к настоящему Протоколу, каждое государство-член обеспечивает, чтобы все меры этого государства-члена, влияющие на торговлю финансовыми услугами, применялись разумным, объективным и беспристрастным образом.

      14. Когда требуется разрешение на поставку финансовых услуг, уполномоченные органы государства-члена в течение разумного периода времени после представления заявки, которая сочтена оформленной соответственно требованиям законодательства государства-члена и правилам регулирования, информируют заявителя о решении по поводу заявления. По запросу заявителя уполномоченные органы государства-члена предоставляют информацию о ходе рассмотрения заявки без излишней задержки.

      15. Для обеспечения такого положения, чтобы меры, относящиеся к квалификационным требованиям и процедурам, техническим стандартам и требованиям лицензирования, не создавали неоправданных барьеров в торговле финансовыми услугами, государства-члены вправе разрабатывать любые необходимые правила через соответствующие органы, которые они могут создать. Эти правила среди прочего должны предусматривать, чтобы содержащиеся в них требования:

      1) основывались на объективных и гласных критериях, таких как компетентность и способность поставлять услугу;

      2) не были более обременительными, чем это необходимо для обеспечения качества услуги;

      3) в случае процедур лицензирования – не были сами по себе ограничением на поставку услуги.

      16. До вступления в силу правил, разработанных в соответствии с пунктом 15 настоящего Протокола, для секторов финансовых услуг, указанных в индивидуальных национальных перечнях в приложении № 1 к настоящему Протоколу, государства-члены не применяют лицензионные или квалификационные требования и технические стандарты, аннулирующие или сокращающие выгоды, которые предоставляются согласно условиям, указанным в индивидуальных национальных перечнях в приложении № 1 к настоящему Протоколу.

      При этом применяемые государством-членом лицензионные или квалификационные требования и технические стандарты должны соответствовать критериям, указанным в подпунктах 1 – 3 пункта 15 настоящего Протокола, и могли бы разумно ожидаться от этого государства-члена на дату подписания Договора.

      17. Если государство-член применяет лицензирование в отношении учреждения и (или) деятельности поставщиков финансовых услуг, то такое государство-член обеспечивает, чтобы:

      1) наименования уполномоченных органов государства-члена, отвечающих за выдачу лицензий на осуществление деятельности, были опубликованы или иным образом доведены до общего сведения;

      2) лицензионные процедуры не являлись сами по себе ограничением на учреждение или деятельность и чтобы лицензионные требования, напрямую связанные с правом на осуществление деятельности, не являлись сами по себе необоснованным барьером для деятельности;

      3) все лицензионные процедуры и требования были установлены в законодательстве государства-члена, и чтобы законодательство государства-члена, устанавливающее или применяющее лицензионные процедуры или требования, публиковалось до даты его вступления в силу;

      4) любые сборы, взимаемые в связи с представлением и рассмотрением заявления на выдачу лицензии, не являлись сами по себе ограничением для учреждения и деятельности и основывались на затратах лицензирующего органа государства-члена, связанных с рассмотрением заявления и выдачей лицензии;

      5) по истечении периода времени, установленного законодательством государства-члена на принятие решения о выдаче (отказе) в выдаче лицензии, и по требованию заявителя соответствующий уполномоченный орган государства-члена, отвечающий за выдачу лицензий, информировал заявителя о состоянии рассмотрения его заявления, а также о том, считается ли это заявление надлежаще заполненным. В любом случае заявителю будет предоставлена возможность внести технические исправления в заявление. Заявление не будет считаться надлежаще заполненным до тех пор, пока не будут получены вся информация и документы, указанные в соответствующем законодательстве государства-члена;

      6) по письменному требованию заявителя, которому было отказано в приеме заявления, уполномоченный орган государства-члена, отвечающий за выдачу лицензий, отказавший в приеме заявления, письменно информировал заявителя о причинах такого отказа. Однако это положение не должно толковаться как требующее от лицензирующего органа государства-члена раскрывать информацию, раскрытие которой препятствует исполнению законодательства государства-члена или иным образом противоречит общественным интересам или существенным интересам безопасности;

      7) в случае, когда было отказано в приеме заявления, заявитель мог подать новое заявление, в котором он мог бы попытаться устранить любые имевшиеся проблемы для выдачи лицензии;

      8) выдаваемая лицензия действовала на всей территории государства-члена.

      18. Порядок и сроки выдачи лицензий на осуществление деятельности на рынках финансовых услуг на территории государства-члена устанавливаются законодательством государства-члена, на территории которого предполагается осуществление такой деятельности.

      19. Ничто в настоящем Протоколе не препятствует государству-члену принимать пруденциальные меры, включая защиту интересов инвесторов, вкладчиков, страхователей, выгодоприобретателей и лиц, перед которыми поставщик услуг несет фидуциарную ответственность, или меры для обеспечения целостности и стабильности финансовой системы. Если такие меры не соответствуют положениям настоящего Протокола, они не должны использоваться государством-членом в качестве средства уклонения от исполнения обязательств, принятых этим государством-членом в соответствии с настоящим Договором.

      20. Ничто в настоящем Протоколе не должно толковаться как требование к государству-члену раскрывать информацию, относящуюся к счетам индивидуальных клиентов, или другую какую-либо конфиденциальную информацию, или информацию, имеющуюся в распоряжении государственных учреждений.

      21. Государства-члены на основе международных принципов и стандартов либо наилучшей международной практики и не ниже наилучших стандартов и практики, которые уже применяются в государствах-членах, осуществляют выработку гармонизированных требований в сфере регулирования финансового рынка в следующих секторах услуг:

      банковский сектор;

      страховой сектор;

      сектор услуг на рынке ценных бумаг.

      22. В банковском секторе государства-члены гармонизируют требования по регулированию и надзору кредитных организаций, руководствуясь в своих действиях наилучшей международной практикой и Основополагающими принципами эффективного банковского надзора Базельского комитета по банковскому надзору, в том числе в отношении:

      1) понятия "кредитная организация" и юридического статуса кредитной организации;

      2) порядка и условий раскрытия информации кредитными организациями, банковскими группами и их аффилированными лицами, банковскими холдингами;

      3) требований к бухгалтерской (финансовой) отчетности на основе Международных стандартов финансовой отчетности;

      4) порядка и условий создания кредитной организации, в частности в отношении:

      требований к учредительным документам;

      порядка государственной регистрации кредитной организации в форме юридического лица (филиала);

      определения минимального размера уставного капитала кредитной организации, порядка его формирования и способов его оплаты;

      требований к профессиональной квалификации и деловой репутации руководящих работников кредитной организации;

      порядка и условий выдачи лицензии на осуществление банковских операций, в том числе в отношении требований к документам, необходимым для получения лицензии на осуществление банковских операций;

      5) оснований для отказа в регистрации кредитной организации и выдаче ей лицензии на осуществление банковских операций;

      6) порядка, процедуры и условий ликвидации (в том числе принудительной ликвидации) или реорганизации кредитной организации;

      7) оснований для отзыва у кредитной организации лицензии на осуществление банковских операций;

      8) порядка и особенностей реорганизации кредитных организаций в форме слияния, присоединения и преобразования;

      9) обеспечения финансовой надежности кредитной организации, в том числе определения иных, помимо банковских операций, видов деятельности, разрешенных для кредитных организаций, пруденциальных нормативов, обязательных резервов и специальных провизий;

      10) порядка осуществления уполномоченными органами государств-членов надзора за деятельностью кредитных организаций, банковских холдингов и банковских групп;

      11) размера, порядка и условий применения санкций к кредитным организациям и банковским холдингам;

      12) требований к деятельности и обеспечению финансовой надежности банковских групп и банковских холдингов;

      13) создания и функционирования системы страхования вкладов населения (включая суммы выплат возмещения по вкладам);

      14) процедур финансового оздоровления и банкротства кредитных организаций (включая регламентирование прав кредиторов, очередность удовлетворения требований);

      15) перечня операций, признаваемых банковскими;

      16) перечня и статуса организаций, которые вправе осуществлять отдельные технологические части банковских операций.

      23. В страховом секторе государства-члены гармонизируют требования по регулированию и надзору профессиональных участников страхового рынка, руководствуясь в своих действиях наилучшей международной практикой и Основополагающими принципами страхового надзора Международной ассоциации страховых надзоров и, в том числе в отношении:

      1) понятия "профессиональный участник страхового рынка" и юридического статуса профессионального участника страхового рынка;

      2) обеспечения финансовой устойчивости профессионального участника страхового рынка, в том числе в отношении:

      страховых резервов, достаточных для исполнения обязательств по страхованию, сострахованию, перестрахованию, взаимному страхованию;

      состава и структуры активов, принимаемых для покрытия страховых резервов;

      минимального уровня и порядка формирования уставного и собственного капиталов;

      условий и порядка передачи страхового портфеля;

      3) требований к бухгалтерской (финансовой) отчетности на основе Международных стандартов финансовой отчетности;

      4) порядка и условий создания и лицензирования страховой деятельности;

      5) порядка осуществления уполномоченными органами государств-членов надзора за деятельностью профессиональных участников страхового рынка;

      6) размера, порядка и условий применения санкций к участникам и (или) профессиональным участникам страхового рынка за нарушения на финансовом рынке;

      7) требований к профессиональной квалификации и деловой репутации руководящих работников профессиональных участников страхового рынка;

      8) оснований для отказа в выдаче лицензии на осуществление страховой деятельности;

      9) порядка, процедуры и условий ликвидации профессионального участника страхового рынка, в том числе принудительной ликвидации (банкротства);

      10) оснований для отзыва у профессионального участника страхового рынка лицензии на осуществление страховой деятельности, а также аннулирования, ограничения или приостановления действия такой лицензии;

      11) порядка и особенностей реорганизации профессионального участника страхового рынка в форме слияния, присоединения или преобразования;

      12) требований к составу страховых групп и страховых холдингов и их финансовой надежности.

      24. В секторе услуг на рынке ценных бумаг государства-члены гармонизируют требования по следующим видам деятельности:

      брокерская деятельность на рынке ценных бумаг;

      дилерская деятельность на рынке ценных бумаг;

      деятельность по управлению ценными бумагами, финансовыми инструментами, управление активами и инвестиционными портфелями пенсионных фондов и коллективными инвестициями;

      деятельность по определению взаимных обязательств (клиринг);

      депозитарная деятельность;

      деятельность по ведению реестра владельцев ценных бумаг;

      деятельность по организации торговли на рынке ценных бумаг.

      25. Государства-члены гармонизируют требования по регулированию и надзору рынка ценных бумаг, руководствуясь в своих действиях наилучшей международной практикой и принципами Международной организации комиссий по ценным бумагам, Организации экономического сотрудничества и развития, в том числе в отношении:

      1) определения порядка формирования и оплаты уставного капитала, а также требований к достаточности собственного капитала;

      2) порядка и условий выдачи лицензии на осуществление деятельности на рынке ценных бумаг, включая требования к документам, необходимым для получения такой лицензии;

      3) требований к профессиональной квалификации и деловой репутации руководящих работников профессиональных участников рынка ценных бумаг;

      4) оснований для отказа в выдаче лицензии на осуществление деятельности на рынке ценных бумаг, а также аннулирования, ограничения или приостановления действия такой лицензии;

      5) требований к бухгалтерской (финансовой) отчетности на основе Международных стандартов финансовой отчетности, а также требований к организации внутреннего учета и внутреннего контроля;

      6) процедуры, порядка и условий ликвидации (в том числе принудительной ликвидации) или реорганизации профессионального участника рынка ценных бумаг;

      7) оснований для отзыва у профессионального участника рынка ценных бумаг лицензии на осуществление деятельности на рынке ценных бумаг;

      8) размера, порядка и условий применения санкций к участникам и (или) профессиональным участникам рынка ценных бумаг за нарушения на финансовом рынке;

      9) порядка осуществления уполномоченными органами государств-членов надзора за деятельностью субъектов (участников) рынка ценных бумаг;

      10) требований, предъявляемых к деятельности профессиональных участников рынка ценных бумаг;

      11) требований к процедуре эмиссии (порядку выпуска) ценных бумаг эмитента;

      12) требований к размещению и обращению ценных бумаг иностранных эмитентов на рынках ценных бумаг государств-членов;

      13) требований к объему и качеству, а также периодичности опубликования информации;

      14) обеспечения возможности размещения и обращения ценных бумаг эмитентов государств-членов на всей территории Союза при условии регистрации эмиссии (выпуска) ценных бумаг регулирующим органом государства регистрации эмитента;

      15) требований в области раскрытия информации эмитентами, противодействия неправомерному использованию инсайдерской информации и манипулированию на рынке ценных бумаг.

      26. Государства-члены осуществляют выработку гармонизированных требований к проведению аудита на основе Международных стандартов аудита.

      27. Государства-члены разрабатывают механизмы взаимодействия уполномоченных органов государств-членов в сфере регулирования, контроля и надзора за деятельностью на своих финансовых рынках, в том числе в банковском секторе, страховом секторе и секторе услуг на рынке ценных бумаг.

      Государства-члены обмениваются информацией, в том числе конфиденциальной, в соответствии с международным договором в рамках Союза.

      28. Каждое государство-член обеспечивает, чтобы законодательство этого государства-члена, которое затрагивает или может затрагивать вопросы, охватываемые настоящим Протоколом, было опубликовано в официальном источнике, а по возможности, на специально выделенном сайте в сети Интернет таким образом, чтобы любое лицо, права и (или) обязательства которого могут быть затронуты таким законодательством государства-члена, имело возможность ознакомиться с ним.

      Опубликование такого законодательства должно включать в себя объяснение целей принятия такого законодательства и быть осуществлено в срок, обеспечивающий правовую определенность и обоснованные ожидания лиц, права и (или) обязательства которых могут быть затронуты этим законодательством государства-члена, но в любом случае до даты его вступления в силу.

      29. Каждое государство-член учреждает механизм, обеспечивающий предоставление ответов на письменные запросы любого лица, касающиеся действующего и (или) планируемого законодательства актов по вопросам, охватываемым настоящим Протоколом. Ответы на запросы должны быть предоставлены такому заинтересованному лицу не позднее чем через 30 календарных дней со дня получения письменного запроса.

      30. Государства-члены в целях предупреждения системных рисков на финансовых рынках осуществляют гармонизацию своего законодательства в отношении требований к осуществлению деятельности рейтинговых агентств в соответствии с принципами прозрачности, подотчетности и ответственности.

      31. Государство-член может признавать пруденциальные меры любого другого государства-члена при определении применения им мер, относящихся к поставке финансовых услуг. Такое признание, которое может быть достигнуто посредством гармонизации законодательства государств-членов или иным образом, может основываться на соглашении или договоренности с заинтересованным государством-членом или может быть предоставлено в одностороннем порядке.

      32. Государство-член, являющееся участником cоглашения или договоренности о признании пруденциальных мер другого государства-члена, как будущих, так и действующих, предоставляет другим государствам-членам возможность вести переговоры об их присоединении к таким соглашениям или договоренностям, которые, могли бы содержать правила, контроль, механизм осуществления таких правил, и, если возможно, процедуры, связанные с обменом информацией между участниками таких соглашений и договоренностей.

      33. Гармонизация конкретных требований к осуществлению деятельности на финансовых рынках государств-членов должна осуществляться при условии, что сохраняющиеся различия не будут препятствовать эффективному функционированию в рамках Союза общего финансового рынка.

      34. Ничто в настоящем Протоколе не препятствует государству-члену принимать или применять нижеперечисленные меры при условии, что такие меры не будут применяться способом, который создает средства произвольной или неоправданной дискриминации между лицами государств-членов в отношении торговли услугами, учреждения и (или) деятельности, а именно:

      1) необходимые для защиты общественной морали или поддержания общественного порядка. Исключения по соображениям общественного порядка могут быть применены только в тех случаях, когда складывается реальная и достаточно серьезная угроза в отношении одного из коренных интересов общества;

      2) необходимые для защиты жизни или здоровья людей, животных или растений;

      3) необходимые для соблюдения законов или правил, которые соответствуют положениям настоящего Протокола, включая имеющих отношение к:

      предотвращению вводящей в заблуждение и недобросовестной практики или последствий несоблюдения гражданско-правовых договоров;

      защите от вмешательства в частную жизнь отдельных лиц при обработке и распространении сведений личного характера и защите конфиденциальности сведений о личной жизни и счетов;

      4) несовместимые с пунктами 4 и 6 настоящего Протокола в части предоставления национального режима, при условии, что различие в фактически предоставляемом режиме продиктовано стремлением обеспечить справедливое или эффективное налогообложение или взимание налогов с лиц другого государства-члена в отношении торговли услугами;

      5) несовместимые с пунктами 4 и 7 настоящего Протокола при условии, что различие в отношении режима является результатом соглашения по вопросам налогообложения, в том числе соглашения об избежании двойного налогообложения, участником которого является соответствующее государство-член.

      35. Ничто в настоящем Протоколе не должно толковаться как препятствие для государства-члена принимать любые меры, которые оно считает необходимыми для защиты его важнейших интересов в области обороны или его национальной безопасности.

      36. Государства-члены обеспечивают поэтапное сокращение изъятий и ограничений, указанных в их индивидуальных национальных перечнях в приложениях № 1 и 2 к настоящему Протоколу.

      37. Государства-члены прекращают применение мер, указанных в их индивидуальных национальных перечнях в приложениях № 1 и 2 к настоящему Протоколу, в отношении тех секторов финансовых услуг, в которых государствами-членами были выполнены условия гармонизации законодательства и взаимного признания лицензий.

  ПРИЛОЖЕНИЕ № 1
к Протоколу по финансовым
услугам


ПЕРЕЧЕНЬ
подсекторов финансовых услуг, в которых государствами-членами
в соответствии с пунктом 4 Протокола по финансовым услугам
(приложение № 17 к Договору о Евразийском экономическом
союзе) предоставляется национальный режим
и принимаются обязательства в соответствии с пунктом 10
указанного Протокола

      Сноска. Приложение № 1 с изменениями, внесенными законами РК от 24.12.2014 № 265-V; от 02.08.2015 № 346-V.

Сектор (подсектор)



Наличие ограничения



Описание ограничения



Основание для применения ограничения (нормативный правовой акт)



Срок действия ограничения










I. РЕСПУБЛИКА БЕЛАРУСЬ










1. Страхование рисков, связанных с:

международными морскими перевозками

международными коммерческими воздушными перевозками

международными коммерческими космическими запусками

международным страхованием, которое покрывает полностью или частично:

международную перевозку физических лиц

международную перевозку экспортных (импортных) грузов и перевозящих их транспортных средств, включая ответственность, происходящую из этого

перевозку товаров международным транспортом

ответственность при трансграничном перемещении индивидуальных транспортных средств только после присоединения к международной системе договоров и страховых сертификатов

"Зеленая карта"



нет ограничений



-



-



-










2. Перестрахование и ретроцессия



нет ограничений



-



-



-










3. Услуги страховых агентов и страховых брокеров



ограничение



не разрешается страховое посредничество, связанное с заключением и распределением страховых контрактов от имени иностранных страховщиков на территории Республики Беларусь (за исключением секторов, перечисленных в пункте 1 настоящего перечня, а также за исключением осуществления страховыми брокерами посреднической деятельности по перестрахованию)



Указ Президента Республики Беларусь от 25 августа 2006 г. № 530 "О страховой деятельности"















4. Вспомогательные услуги страхования, включая консультативные и актуарные услуги, оценку риска и услуги по урегулированию претензий



нет ограничений



-



-



-










II. Республика Казахстан










1. Страхование рисков, связанных с:

международными морскими

перевозками

международными коммерческими воздушными перевозками

международными коммерческими космическими запусками

международным страхованием, которое покрывает полностью или частично:

международную перевозку физических лиц

международную перевозку экспортных (импортных) грузов и перевозящих их транспортных средств, включая ответственность, происходящую из этого перевозку товаров

международным транспортом ответственность при трансграничном перемещении индивидуальных транспортных средств только после присоединения к международной системе договоров и страховых сертификатов "Зеленая карта"



ограничение



нет ограничений, за исключением следующего случая:

страхование расположенных на территории Республики Казахстан имущественных интересов юридического лица или его обособленных подразделений и имущественных интересов физического лица, являющегося резидентом Республики Казахстан, может осуществляться только страховой организацией – резидентом Республики Казахстан.

Запрещается осуществлять платежи и переводы денег, связанные с оплатой страховых премий (взносов) в пользу нерезидентов Республики Казахстан, от физических и юридических лиц – резидентов Республики Казахстан.

Договоры обязательного страхования должны находиться на собственном удержании страховщиков резидентов Республики Казахстан



Закон Республики Казахстан от 18 декабря 2000 г. № 126-II "О страховой деятельности"



не определен










2. Перестрахование и ретроцессия



ограничение



совокупный размер страховых премий, начисленных перестраховочным организациям – нерезидентам Республики Казахстан по действующим договорам перестрахования, за вычетом комиссионных вознаграждений, начисленных к получению от них перестрахователем (цедентом), не превышает 60 % (с момента вступления в ВТО – 85 %) от совокупного размера страховых премий, начисленных к получению по действующим договорам страхования (перестрахования). Договоры обязательного страхования должны находиться на собственном удержании страховщиков либо передаваться в перестрахование перестраховщикам – резидентам Республики Казахстан



Постановление правления Агентства Республики Казахстан по регулированию и надзору финансового рынка и финансовых организаций от 22 августа 2008 г. № 131 "Об утверждении инструкции о нормативных значениях и методике расчетов пруденциальных нормативов страховой (перестраховочной) организации, формах и сроках представления отчетов о выполнении пруденциальных нормативов"



не определен










3. Услуги страховых агентов и страховых брокеров



ограничение



нет ограничений, за исключением следующего случая:

посредническая деятельность по заключению договора страхования от имени страховой организации – нерезидента Республики Казахстан, за исключением договора страхования гражданско-правовой ответственности владельцев автотранспортных средств, выезжающих за пределы Республики Казахстан, на территории Республики Казахстан не допускается, если международными договорами, ратифицированными Республикой Казахстан, не предусмотрено иное



Закон Республики Казахстан от 18 декабря 2000 г. № 126-II "О страховой деятельности"



не определен










4. Вспомогательные услуги страхования, включая консультативные и актуарные услуги, оценку риска и услуги по урегулированию претензий



нет ограничений



-



-



-










III. РОССИЙСКАЯ ФЕДЕРАЦИЯ










1. Страхование рисков, связанных с:

международными морскими перевозками

международными коммерческими воздушными перевозками

международными коммерческими космическими запусками

международным страхованием, которое покрывает полностью или частично:

международную перевозку физических лиц

международную перевозку экспортных (импортных) грузов и перевозящих их транспортных средств, включая ответственность, происходящую из этого

перевозку товаров международным транспортом

ответственность при трансграничном перемещении индивидуальных транспортных средств только после присоединения к международной системе договоров и страховых сертификатов "Зеленая карта"



нет ограничений



-



-



-










2. Перестрахование и ретроцессия



нет ограничений



-



-



-










3. Услуги страховых агентов и страховых брокеров



ограничение



не разрешается страховое посредничество, связанное с заключением и распределением страховых контрактов от имени иностранных страховщиков на территории Российской Федерации (за исключением секторов, перечисленных в пункте 1 настоящего перечня)



Закон Российской Федерации от 27 ноября 1992 г. № 4015-I "Об организации страхового дела в Российской Федерации"















4. Вспомогательные услуги страхования, включая консультативные и актуарные услуги, оценку риска и услуги по урегулированию претензий



нет ограничений



-



-



-










IV. РЕСПУБЛИКА АРМЕНИЯ










1. Страхование рисков, связанных с:

международными морскими перевозками

международными коммерческими воздушными перевозками

международными коммерческими космическими запусками

международным страхованием, которое покрывает полностью или частично:

международную перевозку физических лиц

международную перевозку экспортных (импортных) грузов и перевозящих их транспортных средств, включая ответственность, происходящую из этого, перевозку товаров международным транспортом

ответственность при трансграничном перемещении индивидуальных транспортных средств только после присоединения к международной системе договоров и страховых сертификатов

"Зеленая карта"



нет ограничений



-



-



-










2. Перестрахование и ретроцессия



нет ограничений



-



-



-










3. Услуги страховых агентов и страховых брокеров



ограничение



-



-



-










4. Вспомогательные услуги страхования, включая консультативные и актуарные услуги, оценку риска и услуги по урегулированию претензий



нет ограничений



-



-



-










V. КЫРГЫЗСКАЯ РЕСПУБЛИКА










1. Страхование рисков, связанных с:

международными морскими перевозками международными коммерческими космическими запусками международным страхованием, которое покрывает полностью или частично:

международную перевозку физических лиц

международную перевозку экспортных (импортных) грузов и перевозящих их транспортных средств, включая ответственность, происходящую из этого перевозку товаров международным транспортом ответственность при трансграничном перемещении индивидуальных транспортных средств только после присоединения к международной системе договоров и страховых сертификатов "Зеленая карта"



нет ограничений













2. Перестрахование и ретроцессия



нет ограничений













3. Услуги страховых агентов и страховых брокеров



ограничение



посредническая деятельность по страхованию, связанная с заключением договоров страхования от имени иностранных страховых организаций на территории Кыргызской Республики, не допускается

(за исключением секторов, перечисленных в пункте 1 настоящего перечня)



Закон Кыргызской Республики от 23 июля 1998 г. № 96 "Об организации страхования в Кыргызской Республике"



не определен










4. Вспомогательные услуги страхования, включая консультативные и актуарные услуги, оценку риска и услуги по урегулированию претензий



нет ограничений";













  ПРИЛОЖЕНИЕ № 2
к Протоколу по финансовым
услугам

Перечень
сохраняемых государствами-членами ограничений в отношении
учреждения и (или) деятельности

      Сноска. Приложение № 2 с изменениями, внесенными законами РК от 24.12.2014 № 265-V; от 02.08.2015 № 346-V.

Наличие ограничения



Описание ограничения



Основание для применения ограничения (нормативный правовой акт)



Срок действия ограничения










I. РЕСПУБЛИКА БЕЛАРУСЬ










1. Ограничение по пунктам 6 и 11 Протокола по финансовым услугам (приложение № 17 к Договору о Евразийском экономическом союзе) (далее – приложение № 17)



в случае если квота иностранных инвесторов в уставных фондах страховых организаций Республики Беларусь превышает 30 %, Министерство финансов Республики Беларусь прекращает регистрацию страховых организаций с иностранными инвестициями и (или) выдачу таким организациям лицензий на осуществление страховой деятельности страховая организация обязана получить предварительное разрешение Министерства финансов Республики Беларусь на увеличение размера своего уставного фонда за счет средств иностранных инвесторов и (или) страховых организаций, являющихся дочерними (зависимыми) хозяйственными обществами по отношению к этим иностранным инвесторам, на отчуждение долей в ее уставном фонде (акций), составляющих 5 % и более уставного фонда страховой организации, на отчуждение долей в ее уставном фонде (акций) в пользу иностранных инвесторов и (или) страховых организаций, являющихся дочерними (зависимыми) хозяйственными обществами по отношению к данным иностранным инвесторам.

Белорусские участники страховых организаций Республики Беларусь обязаны получить предварительное разрешение Министерства финансов на отчуждение принадлежащих им долей в уставных фондах (акций) в собственность (хозяйственное ведение, оперативное управление) иностранных инвесторов и (или) страховых организаций, являющихся дочерними (зависимыми) хозяйственными обществами по отношению к этим иностранным инвесторам.

В предварительном разрешении отказывается в следующих случаях:

при совершении указанных действий будет превышена квота участия иностранного капитала в уставных фондах страховых организаций Республики Беларусь юридическое лицо, которому страховщик, участник страховщика намерен осуществить отчуждение принадлежащих ему долей в уставном фонде (акций), осуществляет деятельность менее 3 лет и не имеет прибыли по итогам осуществления своей деятельности в последние 3 года

существует необходимость обеспечения национальной безопасности Республики Беларусь (в том числе в экономической сфере), защиты интересов национальных страховых организаций

страховые организации, являющиеся дочерними (зависимыми) хозяйственными обществами по отношению к иностранным инвесторам и (или) имеющие долю иностранных инвесторов в своих уставных фондах более 49 %, могут создавать обособленные подразделения на территории Республики Беларусь, а также являться учредителями (участниками) других страховых организаций после получения предварительного разрешения Министерства финансов Республики Беларусь. В предварительном разрешении отказывается, если превышена квота участия иностранного капитала в уставных фондах страховых организаций Республики Беларусь

страховые организации, являющиеся дочерними или зависимыми хозяйственными обществами по отношению к иностранным инвесторам, не могут осуществлять в Республике Беларусь страхование жизни (за исключением заключения договоров страхования жизни с физическими лицами), обязательное страхование (в том числе обязательное государственное страхование), имущественное страхование, связанное с осуществлением поставок, оказанием услуг или выполнением работ для государственных нужд, а также страхование имущественных интересов Республики Беларусь и ее административно-территориальных единиц.

Оплата иностранными инвесторами долей в уставных фондах (акций) страховых организаций и страховых брокеров производится исключительно денежными средствами



Указ Президента Республики Беларусь от 25 августа 2006 г. № 530 "О страховой деятельности", постановление Совета Министров Республики Беларусь от 11 сентября 2006 г. № 1174 "Об установлении квоты иностранных инвесторов в уставных фондах страховых организаций Республики Беларусь" Указ Президента Республики Беларусь от 25 августа 2006 г. № 530 "О страховой деятельности" Указ Президента Республики Беларусь от 25 августа 2006 г. № 530 "О страховой деятельности" Указ Президента Республики Беларусь от 25 августа 2006 г. № 530 "О страховой деятельности"



не определен










2. Ограничение по пунктам 6 и 11 приложения № 17



страховыми агентами, страховыми брокерами могут являться только белорусские лица



Указ Президента Республики Беларусь от 25 августа 2006 г. № 530 "О страховой деятельности"



не определен










3. Ограничение по пунктам 6 и 11 приложения № 17



участие иностранного капитала в банковской системе Республики Беларусь ограничено 50 %.

Создание кредитных организаций с иностранными инвестициями требует получения предварительного разрешения Национального банка Республики Беларусь. Национальный банк Республики Беларусь прекращает государственную регистрацию банков с иностранными инвестициями при достижении установленного размера (квоты) участия иностранного капитала в банковской системе Республики Беларусь.

Национальный банк Республики Беларусь имеет право принимать любые меры для соблюдения данного ограничения. При рассмотрении вопроса о выдаче разрешения учитывается уровень использования квоты участия иностранного капитала в банковской системе Республики Беларусь, а также финансовое положение и деловая репутация учредителей-нерезидентов



Банковский кодекс Республики Беларусь от 25 октября 2000 г. № 441-З, постановление Правления Национального банка Республики Беларусь от 1 сентября 2008 г. № 129 "О размере (квоте) участия иностранного капитала в банковской системе Республики Беларусь"



не определен










4. Ограничение по пунктам 6 и 11 приложения № 17



лицензия на осуществление деятельности в сфере финансовых услуг в Республики Беларусь выдается юридическим лицам Республики Беларусь, созданным в организационно-правовой форме, установленной законодательством Республики Беларусь



Банковский кодекс Республики Беларусь от 25 октября 2000 г.№ 441-З



не определен










5. Ограничение по пунктам 6 и 11 приложения № 17



функции руководителя, его заместителей, главного бухгалтера страховой организации могут выполняться только гражданами Республики Беларусь, а также иностранными гражданами и лицами без гражданства, постоянно проживающими в Республике Беларусь, и только на основании трудовых договоров



Указ Президента Республики Беларусь от 25 августа 2006 г. № 530 "О страховой деятельности"



не определен










6. Ограничение по пунктам 6 и 11 приложения № 17



деятельность, на осуществление которой требуется лицензия, может осуществляться только юридическими лицами Республики Беларусь или индивидуальными предпринимателями, зарегистрированными в установленном порядке в Республике Беларусь.

Виды деятельности, подлежащей лицензированию, определяются в соответствии с законодательством Республики Беларусь



Указ Президента Республики Беларусь от 1 сентября 2010 г. № 450 "Положение о лицензировании отдельных видов деятельности"



не определен










II. РЕСПУБЛИКА КАЗАХСТАН










1. Ограничение по пунктам 6 и 11 приложения № 17



доля уполномоченного органа в капитале организатора торгов может составлять более 50 % от общего количества голосующих акций организатора торгов



Закон Республики Казахстан от 2 июля 2003 г. № 461-II "О рынке ценных бумаг"



не определен










2. Ограничение по пунктам 6 и 11 приложения № 17



деятельность, на осуществление которой требуется лицензия, может осуществляться только юридическими лицами или индивидуальными предпринимателями Республики Казахстан.

Виды деятельности, подлежащей лицензированию Республики Казахстан, определяются в соответствии с законодательством Республики Казахстан



Закон Республики Казахстан от 11 января 2007 г. № 214-III "О лицензировании"



не определен










3. Ограничение по пунктам 6 и 11 приложения № 17



банки создаются в форме акционерных обществ



Закон Республики Казахстан от 31 августа 1995 г. № 2444 "О банках и банковской деятельности в Республике Казахстан"



не определен










4. Ограничение по пунктам 6 и 11 приложения № 17



открытие филиалов банков-нерезидентов в Республике Казахстан запрещается



Закон Республики Казахстан от 31 августа 1995 г. № 2444 "О банках и банковской деятельности в Республике Казахстан"



не определен










5. Ограничение по пунктам 6 и 11 приложения № 17



страховая (перестраховочная) организация должна быть учреждена в форме акционерного общества



Закон Республики Казахстан от 18 декабря 2000 г. № 126-II "О страховой деятельности"



не определен










6. Ограничение по пунктам 6 и 11 приложения № 17



открытие филиалов страховых организаций-нерезидентов в Республике Казахстан запрещается



Закон Республики Казахстан от 18 декабря 2000 г. № 126-II "О страховой деятельности"



не определен










7. Ограничение по пунктам 6 и 11 приложения № 17



организационно-правовой формой страхового брокера является товарищество с ограниченной ответственностью либо акционерное общество



Закон Республики Казахстан от 18 декабря 2000 г. № 126-II "О страховой деятельности"



не определен










8. Ограничение по пунктам 6 и 11 приложения № 17



добровольный накопительный пенсионный фонд создается в форме акционерного общества



Закон Республики Казахстан от 21 июня 2013 г. № 105-V "О пенсионном обеспечении в Республике Казахстан"



не определен










9. Ограничение по пунктам 6 и 11 приложения № 17



открытие филиалов и представительств накопительных пенсионных фондов – нерезидентов Республики Казахстан в Республике Казахстан запрещается



Закон Республики Казахстан от 21 июня 2013 г. № 105-V "О пенсионном обеспечении в Республике Казахстан"



не определен










10. Ограничение по пунктам 6 и 11 приложения № 17



центральный депозитарий является единственной организацией на территории Республики Казахстан, осуществляющей депозитарную деятельность. Центральный депозитарий создается в форме акционерного общества



Закон Республики Казахстан от 2 июля 2003 г. № 461-II "О рынке ценных бумаг"



не определен










11. Ограничение по пунктам 6 и 11 приложения № 17



профессиональный участник рынка ценных бумаг – юридическое лицо, созданное в организационно-правовой форме акционерного общества (за исключением трансфер-агента)



Закон Республики Казахстан от 2 июля 2003 г. № 461-II "О рынке ценных бумаг"



не определен










12. Ограничение по пунктам 6 и 11 приложения № 17



фондовая биржа – юридическое лицо, созданное в организационно-правовой форме акционерного общества



Закон Республики Казахстан от 2 июля 2003 г. № 461-II "О рынке ценных бумаг"



не определен










13. Ограничение по пунктам 6 и 11 приложения № 17



банковским холдингом – нерезидентом Республики Казахстан, прямо владеющим 25 % или более размещенных (за вычетом привилегированных и выкупленных банком) акций банка или имеющим возможность голосовать прямо 25 % или более голосующих акций банка, может являться только финансовая организация – нерезидент Республики Казахстан, подлежащая консолидированному надзору в стране своего местонахождения



Закон Республики Казахстан от 31 августа 1995 г. № 2444 "О банках и банковской деятельности в Республике Казахстан"



не определен










14. Ограничение по пунктам 6 и 11 приложения № 17



единый накопительный пенсионный фонд является единственной организацией на территории Республики Казахстан, осуществляющей деятельность по привлечению обязательных пенсионных взносов, обязательных профессиональных пенсионных взносов



Закон Республики Казахстан от 21 июня 2013 г. № 105-V "О пенсионном обеспечении в Республике Казахстан"



не определен










15. Ограничение по пунктам 6 и 11 приложения № 17



единый регистратор является единственной организацией на территории Республики Казахстан, осуществляющей деятельность по ведению системы реестров держателей ценных бумаг



Закон Республики Казахстан от 2 июля 2003 г. № 461-II "О рынке ценных бумаг"



не определен










16. Ограничение по пунктам 6 и 11 приложения № 17



страховым холдингом – нерезидентом Республики Казахстан, прямо владеющим 25 % или более размещенных (за вычетом привилегированных и выкупленных страховой (перестраховочной) организацией) акций страховой (перестраховочной) организации или имеющим возможность голосовать прямо 25 % или более голосующих акций страховой (перестраховочной) организации, может являться только финансовая организация



Закон Республики Казахстан от 18 декабря 2000 г. № 126-II "О страховой деятельности"



не определен










17. Ограничение по пунктам 6 и 11 приложения № 17



фонд гарантирования страховых выплат является единственной организацией на территории Республики Казахстан, гарантирующей осуществление страховых выплат страхователям (застрахованным, выгодоприобретателям) при принудительной ликвидации страховой организации по договорам обязательного страхования



Закон Республики Казахстан от 3 июня 2003 г. № 423-II "О Фонде гарантирования страховых выплат"



не определен










18. Ограничение по пунктам 6 и 11 приложения № 17



организация, осуществляющая обязательное гарантирование депозитов, является некоммерческой организацией, создаваемой в организационно-правовой форме акционерного общества. Учредителем (единственным акционером организации), осуществляющей обязательное гарантирование депозитов, является уполномоченный орган



Закон Республики Казахстан от 7 июля 2006 г. № 169-III "Об обязательном гарантировании депозитов, размещенных в банках второго уровня Республики Казахстан"



не определен










19. Ограничение по пунктам 6 и 11 приложения № 17



кредитное бюро с государственным участием является единственной специализированной некоммерческой организацией, созданной в организационно-правовой форме акционерного общества, в которую поставщики поставляют информацию, необходимую для формирования кредитных историй в обязательном порядке



Закон Республики Казахстан от 6 июля 2004 г. № 573-II "О кредитных бюро и формировании кредитных историй в Республике Казахстан"



не определен










20. Ограничение по пунктам 6 и 11 приложения № 17



формирование и ведение базы данных по договорам страхования осуществляет некоммерческая организация, созданная в организационно-правовой форме акционерного общества с долей участия государства



Закон Республики Казахстан от 18 декабря 2000 г. № 126-II "О страховой деятельности"



не определен










III. РОССИЙСКАЯ ФЕДЕРАЦИЯ










1. Ограничение по пунктам 6 и 11 (приложения № 17)



страховые организации, являющиеся дочерними обществами по отношению к иностранным инвесторам (основным организациям) либо имеющие долю иностранных инвесторов в своем уставном капитале более 49 %, не могут осуществлять в Российской Федерации страхование жизни, здоровья и имущества граждан за счет средств, выделяемых на эти цели из соответствующего бюджета федеральным органам исполнительной власти (страхователям), страхование, связанное с осуществлением закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд, а также страхование имущественных интересов государственных организаций и муниципальных организаций.

Страховые организации, являющиеся дочерними обществами по отношению к иностранным инвесторам (основным организациям) либо имеющие долю иностранных инвесторов в своем уставном капитале более 51 %, также не могут осуществлять в Российской Федерации страхование имущественных интересов, связанных с дожитием граждан до определенных возраста или срока либо наступлением иных событий в жизни граждан, а также с их смертью, и обязательное страхование гражданской ответственности владельцев транспортных средств.

Страховая организация, являющаяся дочерним обществом по отношению к иностранному инвестору (основной организации) или имеющая долю иностранных инвесторов в своем уставном капитале более 49 %, имеет право осуществлять в Российской Федерации страховую деятельность, если иностранный инвестор (основная организация) не менее 5 лет является страховой организацией, осуществляющей свою деятельность в соответствии с законодательством соответствующего государства.

Законодательством Российской Федерации установлен предельный размер (квота) участия иностранного капитала в уставных капиталах страховых организаций равный 50 %.

Информация о размере (квоте) участия иностранного капитала страховых организаций, о введении или прекращении предусмотренных абзацами пятым и седьмым настоящего пункта ограничений на иностранные инвестиции подлежит опубликованию в порядке, установленном законодательством Российской Федерации.

В случае если размер (квота) участия иностранного капитала в уставных капиталах страховых организаций превышает 50 %, орган страхового надзора прекращает выдачу лицензий на осуществление страховой деятельности страховым организациям, являющимся дочерними обществами по отношению к иностранным инвесторам (основным организациям) или имеющим долю иностранных инвесторов в своем уставном капитале более 49 %.

Страховая организация обязана получить предварительное разрешение органа страхового надзора на увеличение размера своего уставного капитала за счет средств иностранных инвесторов и (или) их дочерних обществ, на отчуждение в пользу иностранных инвесторов (в том числе на продажу иностранным инвесторам) своих акций (долей в уставном капитале), а российские акционеры (участники) обязаны получить предварительное разрешение органа страхового надзора на отчуждение принадлежащих им акций (долей в уставном капитале) страховой организации в пользу иностранных инвесторов и (или) их дочерних обществ.

Если установленный размер (квота) участия иностранного капитала в уставных капиталах страховых организаций будет превышен, орган страхового надзора отказывает в предварительном разрешении страховым организациям, являющимся дочерними обществами по отношению к иностранным инвесторам (основным организациям) или имеющим долю иностранных инвесторов в своем уставном капитале более 49 % либо становящимся таковыми в результате указанных сделок.

Оплата иностранными инвесторами принадлежащих им акций (долей в уставных капиталах) страховых организаций производится исключительно в денежной форме в валюте Российской Федерации.

Несмотря на положения настоящего пункта, страховые организации, получившие лицензии на осуществление страховой деятельности до присоединения России к ВТО, могут продолжать осуществление данной деятельности в соответствии с условиями, на которых лицензия была выдана



Федеральный закон от 27 ноября 1992 г. № 4015-I "Об организации страхового дела в Российской Федерации"



не определен










2. Ограничение по пунктам 6 и 11 приложения № 17



страховыми агентами, страховыми брокерами могут являться только граждане Российской Федерации (данное ограничение не распространяется на страховых агентов - физических лиц, не зарегистрированных в качестве индивидуальных предпринимателей)



Федеральный закон от 27 ноября 1992 г. № 4015-I "Об организации страхового дела в Российской Федерации"



не определен










3. Ограничение по пунктам 6 и 11 приложения № 17



участие иностранного капитала в банковской системе Российской Федерации ограничено 50 %.

Для целей контроля за квотой иностранного участия в банковской системе Российской Федерации предварительное разрешение Центрального банка требуется на:

создание кредитной организации с иностранным участием, включая дочерние и зависимые общества

увеличение уставного капитала кредитной организации за счет средств нерезидента (нерезидентов)

отчуждение акций (долей) кредитной организации в пользу нерезидентов



Международные обязательства Российской Федерации, касающиеся услуг и вытекающие из Протокола от 16 декабря 2011 года о присоединении Российской Федерации к Марракешскому соглашению об учреждении всемирной торговой организации от 15 апреля 1994 года



не определен










4. Ограничение по пунктам 6 и 11 приложения № 17



лицензия на осуществление деятельности в сфере финансовых услуг в Российской Федерации выдается юридическим лицам Российской Федерации, созданным в организационно-правовой форме, установленной законодательством Российской Федерации



Федеральный закон от 1 декабря 1990 г. № 395-I "О банках и банковской деятельности",

Федеральный закон от 22 апреля 1996 г. № 39-ФЗ "О рынке ценных бумаг",

Федеральный закон от 27 ноября 1992 г. № 4015-I "Об организации страхового дела в Российской Федерации",

Федеральный закон от 7 февраля 2011 г. № 7-ФЗ "О клиринге и клиринговой деятельности",

Федеральный закон от 21 ноября 2011 г. № 325-ФЗ "Об организованных торгах",

Федеральный закон от 7 мая 1998 г. № 75-ФЗ "О негосударственных пенсионных фондах",

Федеральный закон от 29 ноября 2001 г. № 156-ФЗ "Об инвестиционных фондах",

Федеральный закон от 14 марта 2013 № 29-ФЗ "О внесении изменений в отдельные законодательные акты Российской Федерации"



не определен










5. Ограничение по пунктам 6 и 11 приложения № 17



в отношении кредитных организаций с иностранными инвестициями действуют ограничения в следующих случаях:

если лицо, осуществляющее функции единоличного исполнительного органа российской кредитной организации, является иностранным гражданином или лицом без гражданства, коллегиальный исполнительный орган такой кредитной организации не менее чем на 50 % должен быть сформирован из граждан Российской Федерации.

Количество работников, являющихся гражданами Российской Федерации, должно составлять не менее 75 % от общего количества работников российской кредитной организации с иностранными инвестициями



Приказ Банка России от 23 апреля 1997 г. № 02-195 "О введении в действие Положения "Об особенностях регистрации кредитных организаций с иностранными инвестициями и о порядке получения предварительного разрешения Банка России на увеличение уставного капитала зарегистрированной кредитной организации за счет средств нерезидентов"



не определен










6. Ограничение по пунктам 6 и 11 приложения № 17



численность иностранного персонала представительства иностранной кредитной организации, как правило, не должна превышать 2 человек. В случае если представительству требуется большее количество аккредитованных сотрудников, необходимость в этом должна быть обоснована в письменном заявлении на имя Председателя Банка России, на основании которого принимается решение



Приказ Банка России от 7 октября 1997 г. № 02-437 "О порядке открытия и деятельности в Российской Федерации представительств иностранных кредитных организаций"



не определен










7. Ограничение по пунктам 6 и 11 приложения № 17



руководители (в том числе единоличный исполнительный орган) и главный бухгалтер субъекта российского страхового дела (юридического лица) должны постоянно проживать на территории Российской Федерации



Закон Российской Федерации от 27 ноября 1992 г. № 4015-I "Об организации страхового дела в Российской Федерации"



до 1 января 2015 г.










8. Ограничение по пунктам 6 и 11 приложения № 17



деятельность, на осуществление которой требуется лицензия, может осуществляться только юридическими лицами Российской Федерации или индивидуальными предпринимателями, зарегистрированными в установленном порядке в Российской Федерации.

Виды деятельности, подлежащей лицензированию, определяются в соответствии с законодательством Российской Федерации



Федеральный закон от 4 мая 2011 г. № 99-ФЗ "О лицензировании отдельных видов деятельности" (и законодательство, регулирующее виды деятельности, перечисленные в пункте 2 статьи 1 указанного Федерального закона),

Федеральный закон

от 1 декабря 1990 г. № 395-I "О банках и банковской деятельности"



не определен










9. Ограничение по пунктам 6 и 11 приложения № 17



доля каждого акционера (связанной группы лиц) в уставном капитале организатора торговли не может превышать 10 %, за исключением случаев, когда акционером (связанной группой лиц) является уполномоченный орган или инфраструктурные организации финансового рынка Российской Федерации, входящие в одну холдинговую группу



-



не определен










10. Ограничение по пунктам 6 и 11 приложения № 17



ведение страховых историй в Российской Федерации осуществляется единственной организацией, учреждаемой и осуществляющей деятельность в соответствии с законодательством Российской Федерации



-



не определен










11. Ограничение по пунктам 6 и 11 приложения № 17



организация, получившая статус центрального депозитария, является единственной организацией на территории Российской Федерации, осуществляющей функции центрального депозитария

центральный депозитарий создается в форме акционерного общества



Федеральный закон от 7 декабря 2011 г. № 414-ФЗ "О центральном депозитарии"



не определен










IV. РЕСПУБЛИКА АРМЕНИЯ










1. Ограничение по пунктам 6 и 11 приложения 17



на территории Республики Армения финансовые услуги могут быть предоставлены финансовыми организациями и (или) их филиалами, лицензированными и зарегистрированными в Республике Армения и учрежденными в организационно-правовой форме, установленной законодательством Республики Армения, за исключением страховых агентов, которые регистрируются и состоят на учете в соответствии с законодательством Республики Армения



Закон Республики Армения

"О страховании и страховой деятельности"

от 9 апреля 2007 г.

№ ЗР-177-Н

(статьи 8 и 87),

Закон Республики Армения "О рынке ценных бумаг"

от 11 октября 2007 г.

№ ЗР-195-Н

(статьи 28, 103 и 175),

Закон Республики Армения

"Об инвестиционных фондах" от 22 декабря 2010 г. № ЗР-245-Н (статья 52),

Закон Республики Армения "О банках и банковской деятельности"

от 30 июня 1996 г. № ЗР-68 (статья 12)



не определен










2. Ограничение по пункту 6 приложения 17



иностранный банк, иностранная страховая компания, иностранная инвестиционная компания и иностранный управляющий инвестиционным фондом могут учредить филиал на территории Республики Армения путем лицензирования и регистрации филиала Центральным банком Республики Армения



Закон Республики Армения "О банках и банковской деятельности"

от 30 июня 1996 г. № ЗР-68 (статья 14),

Закон Республики Армения

"О страховании и страховой деятельности"

от 9 апреля 2007 г.

№ ЗР-177-Н (статья 47),

Закон Республики Армения "О рынке ценных бумаг"

от 11 октября 2007 г.

№ ЗР-195-Н (статья 43),

Закон Республики Армения

"Об инвестиционных фондах" от 22 декабря 2010 г. № ЗР-245-Н

(статья 54),

положения Центрального банка Республики Армения 1 (от 12 апреля 2005 г.

№ 145-Н), 3/01

(от 30 октября 2007 г. № 344-Н), 4/01

(от 15 января 2008 г.

№ 16-Н)



не определен










3. Ограничение по пункту 6 приложения 17



разрешение на управление обязательным пенсионным фондом может быть дано тому управляющему, созданному на территории Республики Армения, который имеет по меньшей мере 1 такого участника (акционера), который является международной финансовой организацией или иностранной авторитетной организацией, специализированной в управлении пенсионными фондами (в том числе похожими другими инвестиционными фондами). При этом международная финансовая организация (организации) и (или) иностранная авторитетная организация (организации) должны владеть более 50 % доли, дающими право голоса, в уставном капитале управляющего обязательным пенсионным фондом, созданным на территории Республики Армения, и эта организация (организации) должна иметь право решающего голоса во время определения стратегии управляющего обязательным пенсионным фондом, а также формирования исполнительного органа и системы внутреннего контроля управляющего



Положение 10/01 Центрального банка Республики Армения

(от 2 мая 2011 г.

№ 116-Н) (пункт 33)



не определен










4. Ограничение по пункту 6 приложения 17



в лице хранителя ценных бумаг могут выступать инвестиционные компании, филиалы иностранных инвестиционных компаний и банки, лицензированные и зарегистрированные на территории Республики Армения.

В лице хранителя ценных бумаг инвестиционных фондов может выступать только банк (лицензированный и зарегистрированный на территории Республики Армения)



Закон Республики Армения "О рынке ценных бумаг"

от 11 октября 2007 г. № ЗР-195-Н (статья 27),

Закон Республики Армения

"Об инвестиционных фондах" от 22 декабря 2010 г. № ЗР-245-Н (статья 86)



не определен










5. Ограничение по пункту 6 приложения 17



оператор регулируемого рынка (биржа) и Центральный депозитарий могут быть учреждены только в форме акционерного общества



Закон Республики Армения "О рынке ценных бумаг"

от 11 октября 2007 г. № ЗР-195-Н

(статьи 103 и 175)



не определен










6. Ограничение по пункту 6 приложения 17



организация, получившая статус Центрального депозитария в соответствии с законодательством Республики Армения, является единственной организацией на территории Республики Армения, осуществляющей функции центрального депозитария в соответствии с законодательством Республики Армения



Закон Республики Армения "О рынке ценных бумаг"

от 11 октября 2007 г.

№ ЗР-195-Н

(статья 175)



не определен










7. Ограничение по пункту 6 приложения 17



бюро страховых компаний, осуществляющих обязательное страхование ответственности (ОСАО), вытекающей из использования автотранспортных средств, имеет организационно-правовую форму союза юридических лиц, не преследующего цели получения прибыли. Целью деятельности бюро является защита интересов потерпевших лиц и обеспечение стабильности и развития системы ОСАО. Бюро является единственной саморегулируемой организацией, членами которой в соответствии с Законом Республики Армения "Об обязательном страховании ответственности, вытекающей из использования автотранспортных средств" являются страховые компании, имеющие право на осуществление ОСАО, а в случаях, предусмотренных указанным Законом, – также Центральный банк Республики Армения



Закон Республики Армения

"Об обязательном страховании ответственности, вытекающей из использования автотранспортных средств" от 18 мая

2010 г. № ЗР-63-Н

(статьи 3 и 28)



не определен










8. Ограничение по пункту 6 приложения 17



организация, осуществляющая обязательное гарантирование депозитов, является юридическим лицом, которое не преследует цели получения прибыли и учредителем которого является Центральный банк Республики Армения



Закон Республики Армения

"О гарантировании возмещения банковских вкладов физических лиц"

от 24 ноября 2004 г.

№ ЗР-142-Н (статья 17)











9. Ограничение по пункту 6 приложения 17



кредитное бюро является коммерческой специализированной организацией, созданной в организационно-правовой форме акционерного общества, которая на основании лицензии, выданной Центральным банком Республики Армения, имеет право осуществлять деятельность по сбору кредитной информации и других необходимых для нее сведений, составлению, оформлению и сохранению кредитных историй и составлению кредитного доклада на их основании



Закон Республики Армения "Об обороте кредитной информации и о деятельности кредитных бюро"

от 22 октября 2008 г.

№ ЗР-185-Н (статья 3)



не определен










V. КЫРГЫЗСКАЯ РЕСПУБЛИКА










1. Ограничение по пунктам 6 и 11 приложения № 17



на территории Кыргызской Республики финансовые услуги могут быть предоставлены финансовыми организациями (поставщиками финансовых услуг) и (или) их филиалами, лицензированными и зарегистрированными в Кыргызской Республике и учрежденными в организационно-правовых формах в соответствии с законодательством Кыргызской Республики.

Иностранный банк может учредить филиал, представительство на территории Кыргызской Республики путем получения разрешения, регистрации и получения лицензии Национального банка Кыргызской Республики



Закон Кыргызской Республики от 29 июля 1997 г. № 60 "О банках и банковской деятельности в Кыргызской Республике",

Закон Кыргызской Республики от 23 июля 1998 г. № 96 "Об организации страхования в Кыргызской Республике",

Закон Кыргызской Республики от 24 июля 2009 г. № 251 "О рынке ценных бумаг"

Положение о лицензировании деятельности банков, утвержденное постановлением правления Национального банка Кыргызской Республики от 2 марта 2006 г. № 5/7

Порядок наделения банком-нерезидентом капиталом своего филиала, утвержденный постановлением правления Национального банка Кыргызской Республики от 27 апреля 2005 г. № 12/8



не определен










2. Ограничения по пунктам 6 и 11 приложения № 17



организация, осуществляющая обеспечение деятельности системы защиты депозитов, является юридическим лицом – Агентством по защите депозитов Кыргызской Республики, создаваемым Правительством Кыргызской Республики. Агентство является независимой некоммерческой организацией, не преследующей цели извлечения прибыли



Закон Кыргызской Республики от 7 мая 2008 г. № 78 "О защите банковских вкладов (депозитов)"



не определен










3. Ограничение по пункту 6 приложения № 17



организация, получившая статус центрального депозитария, является единственной организацией на территории Кыргызской Республики, осуществляющей функции центрального депозитария.

Центральный депозитарий создается в форме акционерного общества с участием государства



постановление Правительства Кыргызской Республики от 12 сентября 2008 г. № 513 "О создании центрального депозитария ценных бумаг в Кыргызской Республике"



не определен".











  ПРИЛОЖЕНИЕ № 18
к Договору о Евразийском
экономическом союзе

ПРОТОКОЛ
о порядке взимания косвенных налогов и механизме контроля за их уплатой при экспорте и импорте товаров, выполнении работ, оказании услуг

I. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьями 71 и 72 Договора о Евразийском экономическом союзе и определяет порядок взимания косвенных налогов и механизм контроля за их уплатой при экспорте и импорте товаров, выполнении работ, оказании услуг.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "аудиторские услуги" – услуги по проведению аудита бухгалтерского учета, налоговой и финансовой отчетности;

      "бухгалтерские услуги" – услуги по постановке, ведению, восстановлению бухгалтерского учета, составлению и (или) представлению налоговой, финансовой и бухгалтерской отчетности;

      "движимое имущество" – вещи, не относящиеся к недвижимому имуществу, к транспортным средствам;

      "дизайнерские услуги" – услуги по проектированию художественных форм, внешнего вида изделий, фасадов зданий, интерьеров помещений; художественное конструирование;

      "импорт товаров" – ввоз товаров налогоплательщиками (плательщиками) на территорию одного государства-члена с территории другого государства-члена;

      "инжиниринговые услуги" – инженерно-консультационные услуги по подготовке процесса производства и реализации товаров (работ, услуг), подготовке строительства и эксплуатации промышленных, инфраструктурных, сельскохозяйственных и других объектов, а также предпроектные и проектные услуги (подготовка технико-экономических обоснований, проектно-конструкторские разработки, технические испытания и анализ результатов таких испытаний);

      "компетентные органы" – министерства финансов, экономики, налоговые и таможенные органы государств-членов;

      "консультационные услуги" – услуги по предоставлению разъяснений, рекомендаций и иных форм консультаций, включая определение и (или) оценку проблем и (или) возможностей лица, по управленческим, экономическим, финансовым (в том числе налоговым и бухгалтерским) вопросам, а также по вопросам планирования, организации и осуществления предпринимательской деятельности, управления персоналом;

      "косвенные налоги" – налог на добавленную стоимость (далее – НДС) и акцизы (акцизный налог или акцизный сбор);

      "маркетинговые услуги" – услуги, связанные с исследованием, анализом, планированием и прогнозированием в сфере производства и обращения товаров (работ, услуг) в целях определения мер по созданию необходимых экономических условий производства и обращения товаров (работ, услуг), включая характеристику товаров (работ, услуг), выработку ценовой стратегии и стратегии рекламы;

      "налогоплательщик (плательщик)" – налогоплательщик (плательщик) налогов, сборов и пошлин государств-членов (далее – налогоплательщик);

      "научно-исследовательские работы" – проведение научных исследований, обусловленных техническим заданием заказчика;

      "недвижимое имущество" – земельные участки, участки недр, обособленные водные объекты и все, что прочно связано с землей, то есть объекты, перемещение которых без несоразмерного ущерба их назначению невозможно, в том числе леса, многолетние насаждения, здания, сооружения, трубопроводы, линии электропередач, предприятия как имущественные комплексы и космические объекты;

      "нулевая ставка НДС" – обложение НДС по ставке в размере ноль процентов с правом на вычет (зачет) соответствующих сумм НДС;

      "опытно-конструкторские и опытно-технологические (технологические) работы" – разработка образца нового изделия, конструкторской документации для него или новой технологии;

      "работа" – деятельность, результаты которой имеют материальное выражение и могут быть реализованы для удовлетворения потребностей юридических и (или) физических лиц;

      "рекламные услуги" – услуги по созданию, распространению и размещению информации, предназначенной для неопределенного круга лиц и призванной формировать или поддерживать интерес к юридическому или физическому лицу, товарам, товарным знакам, работам, услугам, с помощью любых средств и в любой форме;

      "товар" – реализуемые или предназначенные для реализации любое движимое и недвижимое имущество, транспортные средства, все виды энергии;

      "транспортные средства" – морские и воздушные суда, суда внутреннего плавания, суда смешанного "река-море" плавания; единицы железнодорожного или трамвайного подвижного состава; автобусы; автомобили, включая прицепы и полуприцепы; грузовые контейнеры; карьерные самосвалы;

      "услуга" – деятельность, результаты которой не имеют материального выражения, реализуются и потребляются в процессе осуществления этой деятельности, а также передача, предоставление патентов, лицензий, торговых марок, авторских прав или иных прав;

      "услуги в электронной форме" - услуги, которые оказаны через информационно-телекоммуникационную сеть (сеть электросвязи), в том числе через сеть Интернет, оказание которых невозможно без использования информационных технологий и перечень которых утверждается Советом Комиссии;

      "услуги по обработке информации" – услуги по осуществлению сбора и обобщению информации, систематизации информационных массивов (данных) и предоставлению в распоряжение пользователя результатов обработки этой информации;

      "экспорт товаров" – вывоз товаров, реализуемых налогоплательщиком, с территории одного государства-члена на территорию другого государства-члена;

      "юридические услуги" – услуги правового характера, в том числе предоставление консультаций и разъяснений, подготовка и правовая экспертиза документов, представление интересов заказчиков в судах.

      Сноска. Пункт 2 с изменением, внесенным Законом РК от 22.02.2024 № 63-VIII.

II. Порядок применения косвенных налогов при экспорте товаров

      3. При экспорте товаров с территории одного государства-члена на территорию другого государства-члена налогоплательщиком государства-члена, с территории которого вывезены товары, применяются нулевая ставка НДС и (или) освобождение от уплаты акцизов при представлении в налоговый орган документов, предусмотренных пунктом 4 настоящего Протокола.

      При экспорте товаров с территории одного государства-члена на территорию другого государства-члена налогоплательщик имеет право на налоговые вычеты (зачеты) в порядке, аналогичном предусмотренным законодательством государства-члена, применяемом в отношении товаров, экспортированных с территории этого государства-члена за пределы Союза.

      Место реализации товаров определяется в соответствии с законодательством государств-членов, если иное не установлено настоящим пунктом.

      В случае реализации товара налогоплательщиком одного государства-члена налогоплательщику другого государства-члена, когда перевозка (транспортировка) товара начата за пределами Союза и завершена в другом государстве-члене, местом реализации товара признается территория государства-члена, на территории которого товар помещается под таможенную процедуру выпуска для внутреннего потребления.

      4. Для подтверждения обоснованности применения нулевой ставки НДС и (или) освобождения от уплаты акцизов налогоплательщиком государства-члена, с территории которого вывезены товары, в налоговый орган одновременно с налоговой декларацией представляются следующие документы (их копии):

      1) договоры (контракты), заключенные с налогоплательщиком другого государства-члена или с налогоплательщиком государства, не являющегося членом Союза (далее – договоры (контракты), на основании которых осуществляется экспорт товаров; в случае лизинга товаров или товарного кредита (товарного займа, займа в виде вещей) – договоры (контракты) лизинга, договоры (контракты) товарного кредита (товарного займа, займа в виде вещей); договоры (контракты) на изготовление товаров; договоры (контракты) на переработку давальческого сырья;

      2) выписка банка, подтверждающая фактическое поступление выручки от реализации экспортированных товаров на счет налогоплательщика-экспортера, если иное не предусмотрено законодательством государства-члена.

      В случае, если договором (контрактом) предусмотрен расчет наличными денежными средствами и такой расчет не противоречит законодательству государства-члена, с территории которого экспортируются товары, налогоплательщик представляет в налоговый орган выписку банка (копию выписки), подтверждающую внесение налогоплательщиком полученных сумм на его счет в банке, а также копии приходных кассовых ордеров, подтверждающих фактическое поступление выручки от покупателя указанных товаров, если иное не предусмотрено законодательством государства-члена, с территории которого экспортируются товары.

      В случае вывоза товаров по договору (контракту) лизинга, предусматривающему переход права собственности на них к лизингополучателю, налогоплательщик представляет в налоговый орган выписку банка (копию выписки), подтверждающую фактическое поступление лизингового платежа (в части возмещения первоначальной стоимости товаров (предметов лизинга)) на счет налогоплательщика-экспортера, если иное не предусмотрено законодательством государства-члена.

      В случае осуществления внешнеторговых товарообменных (бартерных) операций, предоставления товарного кредита (товарного займа, займа в виде вещей) налогоплательщик-экспортер представляет в налоговый орган документы, подтверждающие импорт товаров (выполнение работ, оказание услуг), полученных (приобретенных) им по указанным операциям.

      Документы, указанные в настоящем подпункте, не представляются в налоговый орган, если их представление не предусмотрено законодательством государства-члена в отношении товаров, экспортированных с территории государства-члена за пределы Союза;

      3) заявление о ввозе товаров и уплате косвенных налогов, составленное по форме, предусмотренной отдельным международным межведомственным договором, с отметкой налогового органа государства-члена, на территорию которого импортированы товары, об уплате косвенных налогов (освобождении или ином порядке исполнения налоговых обязательств) (далее – заявление) (на бумажном носителе в оригинале или в копии по усмотрению налоговых органов государств-членов) либо перечень заявлений (на бумажном носителе или в электронном виде с электронной (электронно-цифровой) подписью налогоплательщика).

      Налогоплательщик включает в перечень заявлений реквизиты и сведения из тех заявлений, информация о которых поступила в налоговый орган в форме, предусмотренной отдельным международным межведомственным договором.

      Форма перечня заявлений, порядок ее заполнения и формат определяются нормативными правовыми актами налоговых органов государств-членов либо иными нормативными правовыми актами государств-членов.

      В случае реализации товаров, вывозимых с территории одного государства-члена на территорию другого государства-члена, и помещения их под таможенные процедуры свободной таможенной зоны или свободного склада на территории этого другого государства-члена вместо заявления в налоговый орган первого государства-члена представляется заверенная таможенным органом другого государства-члена копия таможенной декларации, в соответствии с которой такие товары помещены под таможенные процедуры свободной таможенной зоны или свободного склада;

      4) транспортные (товаросопроводительные) и (или) иные документы, предусмотренные законодательством государства-члена, подтверждающие перемещение товаров с территории одного государства-члена на территорию другого государства-члена. Указанные документы не представляются, если для отдельных видов перемещения товаров, в том числе перемещения товаров без использования транспортных средств, оформление этих документов не предусмотрено законодательством государства-члена;

      5) иные документы, подтверждающие обоснованность применения нулевой ставки НДС и (или) освобождения от уплаты акцизов, предусмотренные законодательством государства-члена, c территории которого экспортированы товары.

      Документы, предусмотренные настоящим пунктом, за исключением заявления (перечня заявлений), не представляются в налоговый орган, если непредставление документов, подтверждающих обоснованность применения нулевой ставки НДС и (или) освобождения от уплаты акцизов, одновременно с налоговой декларацией следует из законодательства государства-члена, с территории которого экспортированы товары.

      Документы, предусмотренные настоящим пунктом, не представляются с соответствующей налоговой декларацией по акцизам, если они были представлены с налоговой декларацией по НДС, если иное не предусмотрено законодательством государства-члена.

      Документы, предусмотренные подпунктами 1, 2, 4, 5, абзацем четвертым подпункта 3 настоящего пункта, могут быть представлены в электронном виде в порядке, установленном нормативными правовыми актами налоговых органов государств-членов либо иными нормативными правовыми актами государств-членов. Формат указанных документов определяется налоговыми органами государств-членов либо иными нормативными правовыми актами государств-членов.

      Обоснованность применения нулевой ставки НДС и (или) освобождения от уплаты акцизов считается неподтвержденной, если налоговым органом государства-члена, с территории которого должен был быть осуществлен экспорт товаров, указанных в договоре (контракте), предусмотренном подпунктом 1 настоящего пункта, установлен факт отсутствия экспорта таких товаров на территорию другого государства-члена.

      Сноска. Пункт 4 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      5. Документы, предусмотренные пунктом 4 настоящего Протокола, представляются в налоговый орган в течение 180 календарных дней с даты отгрузки (передачи) товаров.

      При непредставлении этих документов в установленный срок суммы косвенных налогов подлежат уплате в бюджет за налоговый (отчетный) период, на который приходится дата отгрузки товаров, либо иной налоговый (отчетный) период, установленный законодательством государства-члена, с правом на вычет (зачет) соответствующих сумм НДС согласно законодательству государства-члена, с территории которого экспортированы товары.

      В целях исчисления НДС при реализации товаров датой отгрузки признается дата первого по времени составления первичного бухгалтерского (учетного) документа, оформленного на покупателя товаров (первого перевозчика), либо дата выписки иного обязательного документа, предусмотренного законодательством государства-члена для налогоплательщика НДС.

      В целях исчисления акцизов по подакцизным товарам, произведенным из собственного сырья, датой отгрузки товаров признается дата первого по времени составления первичного бухгалтерского (учетного) документа, оформленного на покупателя (получателя) товаров; по подакцизным товарам, произведенным из давальческого сырья, датой отгрузки признается дата подписания акта приема-передачи подакцизных товаров, если иное не предусмотрено законодательством государства-члена, на территории которого произведены подакцизные товары.

      В случае неуплаты, неполной уплаты косвенных налогов, уплаты таких налогов с нарушением срока, установленного настоящим пунктом, налоговый орган взыскивает косвенные налоги и пени в порядке и размере, установленном законодательством государства-члена, с территории которого экспортированы товары, а также применяет способы обеспечения исполнения обязательств по уплате косвенных налогов, пеней и меры ответственности, установленные законодательством этого государства-члена.

      В случае представления налогоплательщиком документов, предусмотренных пунктом 4 настоящего Протокола, по истечении срока, установленного настоящим пунктом, уплаченные суммы косвенных налогов подлежат вычету (зачету), возврату в соответствии с законодательством государства-члена, с территории которого экспортированы товары. Суммы пеней, штрафов, уплаченные за нарушение сроков уплаты косвенных налогов, возврату не подлежат.

      6. Объем товаров, ставки акцизов, действующие на дату отгрузки вывозимых в государства-члены подакцизных товаров, а также суммы акцизов подлежат отражению в соответствующей налоговой декларации по акцизам.

      7. Налоговый орган проверяет обоснованность применения нулевой ставки НДС и (или) освобождения от уплаты акцизов, налоговых вычетов (зачетов) по указанным налогам, а также принимает (выносит) соответствующее решение согласно законодательству государства-члена, с территории которого экспортированы товары.

      В случае непредставления в налоговый орган государства-члена заявления этот налоговый орган вправе принять (вынести) решение о подтверждении обоснованности применения нулевой ставки НДС и (или) освобождения от уплаты акцизов, налоговых вычетов (зачетов) по указанным налогам в отношении операций по реализации товаров, экспортированных с территории этого государства-члена на территорию другого государства-члена, при наличии в этом налоговом органе подтверждения в электронном виде от налогового органа другого государства-члена факта уплаты косвенных налогов в полном объеме (освобождения от уплаты косвенных налогов) либо информации о факте взимания косвенных налогов в соответствии с пунктом 211 настоящего Протокола.

      Налоговый орган государства-члена, с территории которого Экспортированы товары, при установлении недостоверных данных н представленных налогоплательщиком документах, предусмотренных пунктом 4 настоящего Протокола, информирует налоговый орган государства-члена, на территорию которого импортированы товары, об установленных обстоятельствах.

      Сноска. Пункт 7 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      8. Налоговый орган взыскивает косвенные налоги и пени н порядке и размере, предусмотренных законодательством государства-члена, с территории которого экспортированы товары, а также применяет способы обеспечения исполнения обязательств по уплате косвенных налогов, пеней и меры ответственности, установленные законодательством этого государства-члена, в том числе в следующих случаях:

      представленные налогоплательщиком сведения о перемещении товаров и уплате косвенных налогов не соответствуют данным, полученным в рамках обмена информацией между налоговыми органами государств-членов;

      представленные налогоплательщиком документы, предусмотренные пунктом 4 настоящего Протокола, не соответствуют имеющимся в распоряжении налоговых органов доказательствам отсутствия перемещения товаров на территорию государства-члена, которое указано в транспортных (товаросопроводительных) и (или) иных документах;

      налоговым органом государства-члена, на территорию которого заявлен импорт товаров, отозвано заявление в связи с имеющимися у него доказательствами отсутствия импорта товаров.

      При этом косвенные налоги подлежат уплате в бюджет (суммы НДС, ранее принятые к вычету (зачету), подлежат восстановлению) за тот налоговый (отчетный) период, на который приходится дата отгрузки товаров, если иной налоговый (отчетный) период не установлен законодательством государства-члена, налоговый орган которого получил информацию об отзыве заявления.

      Налоговый орган государства-члена, получивший информацию об созыве заявления налоговым органом другого государства-члена (о признании такого отзыва недействительным - по результатам обжалования), в течение 5 рабочих дней с даты получения такой информации направляет налогоплательщику уведомление (требование) о факте и основании отзыва (о признании такого отзыва недействительным) и внесении при необходимости в налоговые декларации изменений и дополнений, вытекающих из такого отзыва (признания такого отзыва недействительным).

      При отзыве заявления в связи с установлением налоговым органом государства-члена, на территорию которого должны были быть импортированы товары, указанные в договоре (контракте), предусмотренном подпунктом 5 пункта 20 настоящего Протокола, факта отсутствия импорта таких товаров применение налоговой ставки НДС и начисление акцизов, начисление сумм НДС и акцизов, но которым ранее были применены нулевая ставка и освобождение в связи с получением заявления, а также представление налоговой декларации осуществляются за тот налоговый (отчетный) период, на который приходится дата отгрузки товаров, если иной налоговый (отчетный) период не установлен законодательством государства-члена, налоговый орган которого получил информацию об отзыве заявления.

      Сноска. Пункт 8 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      9. Положения настоящего раздела в части НДС применяются также в отношении товаров, являющихся результатом выполнения работ по договорам (контрактам) об их изготовлении, вывозимых с территории государства-члена, на территории которого выполнялись работы по их изготовлению, на территорию другого государства-члена. К указанным товарам не относятся товары, являющиеся результатом выполнения работ по переработке давальческого сырья.

      10. Налоговая база для обложения акцизами товаров, являющихся результатом выполнения работ по договору (контракту) о переработке давальческого сырья, определяется как объем, количество (иные показатели) подакцизных товаров, выработанных из давальческого сырья, в натуральном выражении, в отношении которых установлены твердые (специфические) ставки акцизов, либо как стоимость подакцизных товаров, выработанных из давальческого сырья, в отношении которых установлены адвалорные ставки акцизов.

      11. Налоговая база по НДС при экспорте товаров при изменении ее в сторону увеличения (уменьшения) из-за увеличения (уменьшения) цены реализованных товаров либо уменьшения количества (объема) реализованных товаров в связи с их возвратом по причине ненадлежащего качества и (или) комплектации корректируется в том налоговом (отчетном) периоде, в котором участники договора (контракта) изменили цену (согласовали возврат) экспортированных товаров, если иное не предусмотрено законодательством государства-члена.

      При вывозе товаров (предметов лизинга) с территории одного государства-члена на территорию другого государства-члена по договору (контракту) лизинга, предусматривающему переход права собственности на них к лизингополучателю, по договору (контракту) товарного кредита (товарного займа, займа в виде вещей), по договору (контракту) об изготовлении товаров применяется нулевая ставка НДС и (или) освобождение от уплаты акцизов (если такая операция подлежит обложению акцизами в соответствии с законодательством государства-члена) при представлении в налоговый орган документов, предусмотренных пунктом 4 настоящего Протокола.

      Налоговая база по НДС при вывозе с территории одного государства-члена на территорию другого государства-члена товаров (предметов лизинга) по договору (контракту) лизинга, предусматривающему переход права собственности на них к лизингополучателю, определяется на дату, предусмотренную договором (контрактом) лизинга для уплаты каждого лизингового платежа, в размере части первоначальной стоимости товаров (предметов лизинга), приходящейся на каждый лизинговый платеж.

      Налоговые вычеты (зачеты) производятся в порядке, предусмотренном законодательством государства-члена, в части, приходящейся на стоимость товаров (предметов лизинга) по каждому лизинговому платежу.

      Налоговой базой по НДС при вывозе с территории одного государства-члена на территорию другого государства-члена товаров по договору (контракту) товарного кредита (товарного займа, займа в виде вещей) является стоимость передаваемых (предоставляемых) товаров, предусмотренная договором (контрактом), при отсутствии стоимости в договоре (контракте) – стоимость, указанная в товаросопроводительных документах, при отсутствии стоимости в договоре (контракте) и товаросопроводительных документах – стоимость товаров, отраженная в учете.

      12. Для обеспечения полноты уплаты косвенных налогов может применяться законодательство государства-члена, регулирующее принципы определения цены в целях налогообложения.

III. Порядок взимания косвенных налогов при импорте товаров

      13. Взимание косвенных налогов по товарам, импортируемым на территорию одного государства-члена с территории другого государства-члена (за исключением случая, установленного пунктом 27 настоящего Протокола, и (или) помещения импортируемых товаров под таможенные процедуры свободной таможенной зоны или свободного склада), осуществляется налоговым органом государства-члена, на территорию которого импортированы товары, по месту постановки на учет налогоплательщиков – собственников товаров, включая налогоплательщиков, применяющих специальные режимы налогообложения, в том числе с учетом особенностей, предусмотренных пунктами 13.1 – 13.5 настоящего Протокола.

      Для целей настоящего раздела собственником товаров признается лицо, которое обладает правом собственности на товары или к которому переход права собственности на товары предусматривается договором (контрактом).

      При импорте товаров, приобретенных налогоплательщиком одного государства-члена у физического лица, имеющего в другом государстве-члене место регистрации или место постоянного проживания и не являющегося индивидуальным предпринимателем этого государства-члена, уплата налогов осуществляется в соответствии с настоящим разделом.

      Сноска. Пункт 13 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      13.1. Если товары приобретаются на основании договора (контракта) между налогоплательщиком одного государства-члена и налогоплательщиком другого государства-члена, уплата косвенных налогов осуществляется налогоплательщиком государства-члена, на территорию которого импортированы товары, – собственником товаров, либо, если это предусмотрено законодательством государства-члена, - комиссионером, поверенным или агентом.

      13.2. Если товары приобретаются на основании договора (контракта) между налогоплательщиком одного государства-члена и налогоплательщиком другого государства-члена и при этом товары импортируются с территории третьего государства-члена, косвенные налоги уплачиваются налогоплательщиком государства-члена, на территорию которого импортированы товары, – собственником товаров.

      13.3. Если товары реализуются налогоплательщиком одного государства-члена через комиссионера, поверенного или агента налогоплательщику другого государства-члена и импортируются с территории первого либо третьего государства-члена, уплата косвенных налогов осуществляется налогоплательщиком государства-члена, на территорию которого импортированы товары, – собственником товаров либо, если это предусмотрено законодательством государства-члена, - комиссионером, поверенным или агентом.

      13.4. Если налогоплательщик одного государства-члена приобретает товары, ранее импортированные на территорию этого государства-члена налогоплательщиком другого государства-члена, косвенные налоги по которым не были уплачены, уплата косвенных налогов осуществляется налогоплательщиком государства-члена, на территорию которого импортированы товары, – собственником товаров либо, если это предусмотрено законодательством государства-члена, - комиссионером, поверенным или агентом (в случае, если товары будут реализованы налогоплательщиком другого государства-члена через комиссионера, поверенного или агента).

      Если налогоплательщик одного государства-члена приобретает товары, ранее импортированные на территорию этого государства-члена комиссионером, поверенным или агентом (налогоплательщиком этого государства-члена) по договору (контракту) комиссии, поручения или агентскому договору (контракту) с налогоплательщиком другого государства-члена, косвенные налоги по которым не были уплачены, то уплата косвенных налогов осуществляется налогоплательщиком государства-члена, на территорию которого импортированы товары, – собственником товаров либо, если это предусмотрено законодательством государства-члена, – комиссионером, поверенным или агентом, импортировавшими товары.

      13.5. Если товары приобретаются на основании договора (контракта) между налогоплательщиком государства-члена и налогоплательщиком государства, не являющегося членом Союза, и при этом товары импортируются с территории другого государства-члена, косвенные налоги уплачиваются налогоплательщиком государства-члена, на территорию которого импортированы товары, – собственником товаров либо, если это предусмотрено законодательством государства-члена, - комиссионером, поверенным или агентом (в случае если товары будут реализованы через комиссионера, поверенного или агента).

      14. Для целей уплаты НДС налоговая база определяется на дату принятия на учет у налогоплательщика импортированных товаров (но не позднее срока, установленного законодательством государства-члена, на территорию которого импортируются товары) на основе стоимости приобретенных товаров (в том числе товаров, являющихся результатом выполнения работ по договору (контракту) об их изготовлении), а также товаров, полученных по договору (контракту) товарного кредита (товарного займа, займа в виде вещей), товаров, являющихся продуктом переработки давальческого сырья, и акцизов, подлежащих уплате по подакцизным товарам.

      Стоимостью приобретенных товаров, в том числе товаров, являющихся результатом выполнения работ по договору (контракту) об их изготовлении, является цена сделки, подлежащая уплате поставщику за товары (работы, услуги) согласно условиям договора (контракта).

      Стоимостью товаров, полученных по товарообменному (бартерному) договору (контракту), а также договору (контракту) товарного кредита (товарного займа, займа в виде вещей), является стоимость товаров, предусмотренная договором (контрактом), при отсутствии стоимости в договоре (контракте) – стоимость, указанная в товаросопроводительных документах, при отсутствии стоимости в договоре (контракте) и товаросопроводительных документах – стоимость товаров, отраженная в учете.

      Для целей определения налоговой базы стоимость товаров, (в том числе товаров, являющихся результатом выполнения работ по договору (контракту) об их изготовлении), выраженная в иностранной валюте, пересчитывается в национальную валюту по курсу национального (центрального) банка государства-члена на дату принятия товаров к учету.

      Налоговая база при импорте на территорию одного государства-члена с территории другого государства-члена продуктов переработки давальческого сырья определяется как стоимость выполненных работ по переработке давальческого сырья и акцизов, подлежащих уплате по подакцизным продуктам переработки. При этом стоимость выполненных работ по переработке давальческого сырья, выраженная в иностранной валюте, пересчитывается в национальную валюту по курсу национального (центрального) банка государства-члена на дату принятия продуктов переработки к учету.

      При импорте товаров с территории одного государства-члена на территорию свободной (специальной, особой) экономической зоны, пределы которой полностью или частично совпадают с участками таможенной границы Союза, функционирующей в Российской Федерации по состоянию на 1 июля 2016 г. (далее - СЭЗ), налогоплательщиками, являющимися резидентами СЭЗ, на дату принятия товаров на учет НДС исчисляется и уплачивается в соответствии с абзацем четвертым пункта 19 настоящего Протокола. Если указанные товары не были реализованы либо были реализованы без НДС до завершения месяца, в котором истекают 180 календарных дней с даты принятия их на учет, то исчисленный НДС подлежит уплате налогоплательщиками, являющимися резидентами СЭЗ, в части импортированных товаров, которые не были реализованы либо были реализованы без НДС. При этом налоговая база по указанным товарам, не реализованным либо реализованным без НДС до завершения месяца, в котором истекают 180 календарных дней с даты принятия их на учет, определяется в соответствии с настоящим пунктом.

      Сноска. Пункт 14 с изменением, внесенным Законом РК от 15.03.2023 № 210-VII.

      15. Налоговая база при ввозе товаров (предметов лизинга) на территорию одного государства-члена с территории другого государства-члена по договору (контракту) лизинга, предусматривающему переход права собственности на них к лизингополучателю, определяется в размере части стоимости товаров (предметов лизинга), предусмотренной на дату ее оплаты договором (контрактом) лизинга (независимо от фактического размера и даты осуществления платежа). Лизинговый платеж в иностранной валюте пересчитывается в национальную валюту по курсу национального (центрального) банка государства-члена на дату, соответствующую моменту (дате) определения налоговой базы.

      16. Налоговой базой для обложения акцизами является объем, количество (иные показатели) импортированных подакцизных товаров, в том числе товаров, являющихся продуктом переработки давальческого сырья, в натуральном выражении, в отношении которых установлены твердые (специфические) ставки акцизов, либо стоимость импортированных подакцизных товаров, в том числе товаров, являющихся продуктом переработки давальческого сырья, в отношении которых установлены адвалорные ставки акцизов.

      Налоговая база для исчисления акцизов определяется на дату принятия на учет налогоплательщиком импортированных подакцизных товаров, в том числе товаров, являющихся продуктом переработки давальческого сырья (но не позднее срока, установленного законодательством государства-члена, на территорию которого импортированы подакцизные товары).

      17. Суммы косвенных налогов, подлежащие уплате по товарам, импортированным на территорию одного государства-члена с территории другого государства-члена, исчисляются налогоплательщиком по налоговым ставкам, установленным законодательством государства-члена, на территорию которого импортированы товары.

      18. Для обеспечения полноты уплаты косвенных налогов может применяться законодательство государства-члена, регулирующее принципы определения цены в целях налогообложения.

      19. Косвенные налоги, за исключением акцизов по маркируемым подакцизным товарам, уплачиваются не позднее 20-го числа месяца, следующего за месяцем:

      принятия на учет импортированных товаров, если иное не предусмотрено настоящим пунктом;

      срока платежа, предусмотренного договором (контрактом) лизинга.

      Уплата НДС по товарам, импортированным с территории одного государства-члена на территорию СЭЗ и не реализованным либо реализованным без НДС до завершения месяца, в котором истекают 180 календарных дней с даты принятия их на учет, производится не позднее 20-го числа месяца, следующего за месяцем, в котором истекают 180 календарных дней с даты принятия этих товаров на учет.

      Уплата акцизов по маркируемым подакцизным товарам производится в сроки, установленные законодательством государства-члена.

      Сноска. Пункт 19 - в редакции Закона РК от 15.03.2023 № 210-VII.

      20. Налогоплательщик обязан представить в налоговый орган соответствующую налоговую декларацию по форме, установленной законодательством государства-члена, либо по форме, утвержденной компетентным органом государства-члена, на территорию которого импортированы товары, в том числе по договору (контракту) лизинга, не позднее 20-го числа месяца, следующего за месяцем принятия на учет импортированных товаров (срока платежа, предусмотренного договором (контрактом) лизинга). Одновременно с налоговой декларацией налогоплательщик представляет в налоговый орган следующие документы:

      1) заявление на бумажном носителе (в четырех экземплярах) и в электронном виде либо заявление в электронном виде с электронной (электронно-цифровой) подписью налогоплательщика;

      2) выписку банка, подтверждающую фактическую уплату косвенных налогов по импортированным товарам, или иной документ, подтверждающий исполнение налоговых обязательств по уплате косвенных налогов, если это предусмотрено законодательством государства-члена. При наличии у налогоплательщика излишне уплаченных (взысканных) сумм налогов, сборов либо сумм косвенных налогов, подлежащих возврату (зачету), как при импорте товаров на территорию одного государства-члена с территории другого государства-члена, так и при реализации товаров (работ, услуг) на территории государства-члена, налоговый орган в соответствии с законодательством государства-члена, на территорию которого импортированы товары, принимает (выносит) решение об их зачете в счет уплаты косвенных налогов по импортированным товарам. В этом случае выписка банка (ее копия), подтверждающая фактическую уплату косвенных налогов по импортированным товарам, не представляется. По договору (контракту) лизинга указанные в настоящем подпункте документы представляются при наступлении срока платежа, предусмотренного договором (контрактом) лизинга;

      3) транспортные (товаросопроводительные) и (или) иные документы, предусмотренные законодательством государства-члена, подтверждающие перемещение товаров с территории одного государства-члена на территорию другого государства-члена. Указанные документы не представляются, если для отдельных видов перемещения товаров, в том числе перемещения товаров без использования транспортных средств, оформление этих документов не предусмотрено законодательством государства-члена;

      4) счета-фактуры, оформленные в соответствии с законодательством государства-члена при отгрузке товаров, в случае если их выставление (выписка) предусмотрено законодательством государства-члена.

      Если выставление (выписка) счета-фактуры не предусмотрено законодательством государства-члена либо товары приобретаются у налогоплательщика государства, не являющегося государством-членом, то вместо счета-фактуры в налоговый орган представляется иной документ (документы), выставленный (выписанный) продавцом, подтверждающий стоимость импортированных товаров;

      5) договоры (контракты), на основании которых приобретены товары, импортированные на территорию государства-члена с территории другого государства-члена; в случае лизинга товаров (предметов лизинга) – договоры (контракты) лизинга; в случае товарного кредита (товарного займа, займа в виде вещей) – договоры (контракты) товарного кредита (товарного займа, займа в виде вещей); договоры (контракты) об изготовлении товаров; договоры (контракты) на переработку давальческого сырья;

      6) информационное сообщение (в случаях, предусмотренных пунктами 13.2 – 13.5 настоящего Протокола), представленное налогоплательщику одного государства-члена налогоплательщиком другого государства-члена либо налогоплательщиком государства, не являющегося членом Союза (подписанное руководителем (индивидуальным предпринимателем) и заверенное печатью организации), реализующим товары, импортированные с территории третьего государства-члена, о следующих сведениях о налогоплательщике третьего государства-члена и договоре (контракте), заключенном с налогоплательщиком этого третьего государства-члена о приобретении импортированных товаров:

      номер, идентифицирующий лицо в качестве налогоплательщика государства-члена;

      полное наименование налогоплательщика (организации (индивидуального предпринимателя) государства-члена;

      место нахождения (жительства) налогоплательщика государства-члена;

      номер и дата договора (контракта);

      номер и дата спецификации.

      В случае если налогоплательщик государства-члена, у которого приобретаются товары, не является собственником реализуемых товаров (является комиссионером, поверенным или агентом), то сведения, указанные в абзацах втором – шестом настоящего подпункта, представляются также в отношении собственника реализуемых товаров.

      В случае представления информационного сообщения на иностранном языке обязательно наличие перевода на русский язык.

      Информационное сообщение не представляется в случае, если сведения, предусмотренные настоящим подпунктом, содержатся в договоре (контракте), указанном в подпункте 5 настоящего пункта;

      7) договоры (контракты) комиссии, поручения или агентский договор (контракт) (в случаях их заключения);

      8) договоры (контракты), на основании которых приобретены товары, импортированные на территорию государства-члена с территории другого государства-члена, по договорам (контрактам) комиссии, поручения или по агентскому договору (контракту) (в случаях, предусмотренных пунктами 13.2 – 13.5 настоящего Протокола, за исключением случаев, когда косвенные налоги уплачиваются комиссионером, поверенным или агентом).

      Документы, указанные в подпунктах 2 – 8 настоящего пункта, могут быть представлены в копиях, заверенных в порядке, устанавливаемом законодательством государства-члена, или в электронном виде в порядке, установленном нормативными правовыми актами налоговых органов государств-членов либо иными нормативными правовыми актами государств-членов. Формат указанных документов определяется нормативными правовыми актами налоговых органов государств-членов либо иными нормативными правовыми актами государств-членов.

      По договору (контракту) лизинга при первой уплате НДС налогоплательщик представляет в налоговый орган документы, предусмотренные подпунктами 1 – 8 настоящего пункта. В дальнейшем налогоплательщик представляет в налоговый орган одновременно с налоговой декларацией документы (их копии), предусмотренные подпунктами 1 и 2 настоящего пункта.

      Документы, указанные в настоящем пункте, за исключением заявления и информационного сообщения, не представляются в налоговый орган, если их непредставление одновременно с налоговой декларацией следует из законодательства государства-члена, на территорию которого импортированы товары.

      201. Налогоплательщик, являющийся резидентом СЭЗ, обязан представить налоговую декларацию и документы, предусмотренные пунктом 20 настоящего Протокола (за исключением документа, предусмотренного подпунктом 2 пункта 20 настоящего Протокола), не позднее 20-го числа месяца, следующего за месяцем принятия на учет импортированных товаров.

      Кроме того, налогоплательщик, являющийся резидентом СЭЗ, обязан также представить налоговую декларацию, предусмотренную пунктом 20 настоящего Протокола, не позднее 20-го числа месяца, следующего за месяцем, в котором истекают 180 календарных дней с даты принятия на учет товаров, импортированных с территории одного государства-члена на территорию СЭЗ. В налоговой декларации подлежат отражению сведения об указанных импортированных товарах, не реализованных и (или) реализованных в течение 180 календарных дней с даты принятия их на учет. В отношении нереализованных либо реализованных без НДС импортированных товаров одновременно с налоговой декларацией налогоплательщик, являющийся резидентом СЭЗ, представляет в налоговый орган выписку банка, подтверждающую фактическую уплату НДС по импортированным товарам, или иной документ, подтверждающий исполнение налоговых обязательств по уплате НДС, если это предусмотрено законодательством государства-члена, на территорию которого импортированы товары. При наличии у налогоплательщика, являющегося резидентом СЭЗ, излишне уплаченных (взысканных) сумм налогов, сборов либо сумм косвенных налогов, подлежащих возврату (зачету), как при импорте товаров на территорию одного государства-члена с территории другого государства-члена, так и при реализации товаров (работ, услуг) на территории государства-члена, налоговый орган в соответствии с законодательством государства-члена, на территорию которого импортированы товары, принимает (выносит) решение об их зачете в счет уплаты НДС по импортированным товарам. В этом случае выписка банка (ее копия), подтверждающая фактическую уплату НДС по импортированным товарам, не представляется.

      Сноска. Протокол дополнен пунктом 201 в соответствии с Законом РК от 15.03.2023 № 210-VII.

      21. Уточненное (взамен ранее представленного) заявление представляется либо на бумажном носителе (в четырех экземплярах) и в электронном виде, либо в электронном виде с электронной (электронно-цифровой) подписью налогоплательщика. Одновременно с уточненным (взамен ранее представленного) заявлением представляются документы, предусмотренные подпунктами 2 – 8 пункта 20 настоящего Протокола, если они не были ранее представлены в налоговый орган.

      Если представление уточненного (взамен ранее представленного) заявления не влечет за собой внесение изменений в ранее представленную налоговую декларацию, то налогоплательщик не представляет уточненную (дополнительную) налоговую декларацию, если иное не установлено законодательством государства-члена. Представление такого уточненного заявления не влечет за собой восстановления ранее принятых к вычету сумм НДС, уплаченных при импорте товаров.

      Уточненное (взамен ранее представленного) заявление не представляется в случаях, установленных законодательством государства-члена.

      211. При выявлении налоговым органом государства-члена, на территорию которого импортированы товары, факта занижения (сокрытия) налоговой базы налогоплательщиком по причине неполного отражения (неотражения) количества импортируемого товара этот налоговый орган информирует по запросу налоговый орган государства-члена, с территории которого экспортированы товары, а факте взимания косвенных налогов, если законодательством последнего не предусмотрено представление заявления при выявлении такого занижения (сокрытия).

      Сноска. Приложение 18 дополнено пунктом 211 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

      22. В случаях неуплаты, неполной уплаты косвенных налогов по импортированным товарам, уплаты таких налогов в более поздний срок по сравнению с установленным пунктом 19 настоящего Протокола, а также в случаях выявления фактов непредставления налоговых деклараций, представления их с нарушением срока, установленного пунктом 20 настоящего Протокола, либо в случаях несоответствия данных, указанных в налоговых декларациях, данным, полученным в рамках обмена информацией между налоговыми органами государств-членов, налоговый орган взыскивает косвенные налоги и пени в порядке и размере, установленном законодательством государства-члена, на территорию которого импортированы товары, а также применяет способы обеспечения исполнения обязательств по уплате косвенных налогов, пеней и меры ответственности, установленные законодательством этого государства-члена.

      Налоговый орган государства-члена, на территорию которого импортированы товары, при установлении недостоверных данных в представленных налогоплательщиком документах, предусмотренных Пунктами 20, 21, 23 и 24 настоящего Протокола, информирует налоговый орган государства-члена, с территории которого экспортированы товары, об установленных обстоятельствах.

      Налоговый орган государства-члена, осуществивший взимание косвенных налогов:

      отзывает заявление при установлении факта отсутствия перемещения товаров на его территорию и информирует налоговый орган государства-члена, налогоплательщик которого применил нулевую ставку и (или) освобождение от уплаты акцизов, о факте и основании отзыва;

      информирует налоговый орган государства-члена, налогоплательщик которого применил нулевую ставку и (или) освобождение от уплаты акцизов, о признании недействительным решения налогового органа об отзыве заявления по результатам обжалования.

      Отзыв заявления не осуществляется при выявлении налоговым органом факта неуплаты косвенных налогов при импорте товаров в связи с отменой им решения о зачете налогов в счет исполнения обязательства по уплате косвенных налогов при импорте товаров и отсутствии оснований считать импорт товаров несостоявшимся.

      При наличии сведений, указывающих на недостоверность данных, отраженных в представленных вместе с налоговой декларацией документах, предусмотренных пунктом 20 настоящего Протокола, налоговый орган одного государства-члена вправе направить запрос в налоговый орган другого государства-члена в целях подтверждения (неподтверждения) таких сведений.

      Сноска. Пункт 22 с изменениями, внесенными Закона РК от 30.01.2024 № 56-VIII.

      23. При возврате импортированных товаров в месяце принятия их на учет отражение в налоговой декларации операций по импорту этих товаров не производится, если возврат товаров осуществлен по причине ненадлежащего качества и (или) комплектации.

      Возврат товаров по причине ненадлежащего качества и (или) комплектации должен быть подтвержден согласованной участниками договора (контракта) претензией, а также документами, соответствующими дальнейшему совершению операций с такими товарами. К таким документам могут относиться акты приема-передачи товаров (в случае отсутствия транспортировки возвращенных товаров), транспортные (товаросопроводительные) документы (в случае транспортировки возвращенных товаров), акты уничтожения или иные документы. В случае частичного возврата таких товаров указанные документы (их копии) представляются в налоговый орган одновременно с документами, предусмотренными пунктом 20 настоящего Протокола.

      При возврате по указанной причине импортированных товаров по истечении месяца, в котором товары были приняты на учет, налогоплательщик представляет в налоговый орган соответствующую уточненную (дополнительную) налоговую декларацию и документы (их копии), указанные в абзаце втором настоящего пункта.

      Документы, указанные в абзаце втором настоящего пункта, могут быть представлены в электронном виде в порядке, установленном нормативными правовыми актами налоговых органов государств-членов либо иными нормативными правовыми актами государств-членов. Формат указанных документов определяется налоговыми органами государств-членов либо иными нормативными правовыми актами государств-членов.

      В случае частичного возврата по причине ненадлежащего качества и (или) комплектации товаров в налоговый орган представляется уточненное (взамен ранее представленного) заявление без отражения сведений о частично возвращенных товарах. Указанное заявление представляется либо на бумажном носителе (в четырех экземплярах) и в электронном виде, либо в электронном виде с электронной (электронно-цифровой) подписью налогоплательщика.

      В случае полного возврата по причине ненадлежащего качества и (или) комплектации всех товаров, сведения о которых были отражены в ранее представленном заявлении, в налоговый орган уточненное (взамен ранее представленного) заявление не представляется. Налогоплательщик информирует налоговый орган о реквизитах ранее представленного заявления, в котором были отражены сведения о полностью возвращенных товарах, по форме и в порядке, которые установлены нормативными правовыми актами налоговых органов государств-членов либо иными нормативными правовыми актами государств-членов.

      При частичном или полном возврате товаров по причине ненадлежащего качества и (или) комплектации восстановление сумм НДС, ранее уплаченных при импорте этих товаров и принятых к вычету, производится в налоговом периоде, в котором произведен возврат товаров, если иное не предусмотрено законодательством государства-члена.

      24. При увеличении стоимости импортированных товаров в случае увеличения их цены по истечении месяца, в котором товары были приняты налогоплательщиком к учету, налоговая база для целей уплаты НДС увеличивается на разницу между измененной и предыдущей стоимостью импортированных товаров. Уплата НДС и представление налоговой декларации производятся не позднее 20-го числа месяца, следующего за месяцем, в котором участники договора (контракта) изменили цену импортированных товаров.

      Разница между измененной и предыдущей стоимостью приобретенных импортированных товаров отражается в налоговой декларации, одновременно с которой налогоплательщик представляет в налоговый орган:

      заявление (с отражением разницы между измененной и предыдущей стоимостью) на бумажном носителе (в четырех экземплярах) и в электронном виде, либо в электронном виде с электронной (электронно-цифровой) подписью налогоплательщика;

      договор (контракт) или иной документ, предусмотренный участниками договора (контракта), который подтверждает увеличение цены импортированного товара, корректировочный счет-фактуру (в случае если его выставление (выписка) предусмотрено законодательством государства-члена). Указанные документы могут быть представлены в копиях, заверенных в порядке, установленном законодательством государства-члена, или в электронном виде в порядке, установленном нормативными правовыми актами налоговых органов государств-членов либо иными нормативными правовыми актами государств-членов. Формат указанных документов определяется нормативными правовыми актами налоговых органов государств-членов либо иными нормативными правовыми актами государств-членов.

      25. В случае использования товаров, импорт которых на территорию государства-члена в соответствии с его законодательством осуществлен без уплаты косвенных налогов, в иных целях, чем те, в связи с которыми предоставлено освобождение или иной порядок уплаты, импорт таких товаров подлежит обложению косвенными налогами в порядке, установленном настоящим разделом.

      26. Суммы косвенных налогов, уплаченные (зачтенные) по товарам, импортированным на территорию одного государства-члена с территории другого государства-члена, подлежат вычетам (зачетам) в порядке, предусмотренном законодательством государства-члена, на территорию которого импортированы товары.

      27. Взимание акцизов по товарам, подлежащим маркировке акцизными марками (учетно-контрольными марками, знаками), осуществляется таможенными органами государства-члена, если иное не предусмотрено законодательством государства-члена.

IV. Порядок взимания косвенных налогов при выполнении работ, оказании услуг

      28. Взимание косвенных налогов при выполнении работ, оказании услуг осуществляется в государстве-члене, территория которого признается местом реализации работ, услуг (за исключением работ, указанных в пункте 31 настоящего Протокола).

      При выполнении работ, оказании услуг налоговая база, ставки косвенных налогов, порядок их взимания и налоговые льготы (освобождение от налогообложения) определяются в соответствии с законодательством государства-члена, территория которого признается местом реализации работ, услуг, если иное не установлено настоящим разделом.

      На налогоплательщика (организацию или индивидуального предпринимателя) одного государства-члена, состоящего на учете в налоговом органе другого государства-члена только в связи с открытием банковского счета и (или) наличием в этом другом государстве-члене недвижимого имущества, и (или) транспортных средств, и (или) представительства, которое не выполняет работы (не оказывает услуги), местом реализации которых является территория этого другого государства-члена, не возлагается обязанность по представлению налоговых деклараций и уплате НДС в бюджет этого другого государства-члена.

      При выполнении (оказании) налогоплательщиком, указанным в абзаце третьем настоящего пункта, работ (услуг), местом реализации которых признается территория этого другого государства-члена, налогоплательщик-покупатель (организация или индивидуальный предприниматель), состоящий на учете в налоговом органе этого другого государства-члена, обязан по таким работам (услугам) исчислить и уплатить (удержать, если это установлено законодательством этого другого государства-члена) в бюджет этого другого государства-члена соответствующую сумму НДС.

      При выполнении (оказании) налогоплательщиком, указанным в абзаце третьем настоящего пункта, работ (услуг), местом реализации которых признается территория этого другого государства-члена, покупатель - физическое лицо, не являющееся индивидуальным предпринимателем, исчисление и уплату (удержание) в бюджет этого другого государства-члена соответствующей суммы НДС не производит.

      Взимание НДС при оказании услуг в электронной форме осуществляется в порядке согласно приложению к настоящему Протоколу.

      Сноска. Пункт 28 с изменениями, внесенными Законом РК от 22.02.2024 № 63-VIII.

      29. Местом реализации работ, услуг признается территория государства-члена, если:

      1) работы, услуги связаны непосредственно с недвижимым имуществом, находящимся на территории этого государства-члена.

      Положения настоящего подпункта применяются также в отношении услуг по аренде, найму и предоставлению в пользование на иных основаниях недвижимого имущества;

      2) работы, услуги связаны непосредственно с движимым имуществом, транспортными средствами, находящимися на территории этого государства-члена;

      3) услуги в сфере культуры, искусства, обучения (образования), физической культуры, туризма, отдыха и спорта оказаны на территории этого государства-члена;

      4) налогоплательщиком этого государства-члена приобретаются:

      консультационные, юридические, бухгалтерские, аудиторские, инжиниринговые, рекламные, дизайнерские, маркетинговые услуги, услуги по обработке информации (за исключением услуг в электронной форме), а также научно-исследовательские, опытно-конструкторские и опытно-технологические (технологические) работы;

      работы, услуги по разработке программного обеспечения для любых видов электронных устройств и баз данных (программных средств и информационных продуктов для любых видов электронных устройств), их адаптации и модификации, сопровождению (обслуживанию) и доработке таких программ и баз данных (за исключением услуг в электронной форме);

      услуги по предоставлению персонала в случае, если персонал работает в месте деятельности покупателя.

      Положения настоящего подпункта применяются также при:

      передаче, предоставлении, уступке патентов, лицензий, иных документов, удостоверяющих права на охраняемые государством объекты промышленной собственности, торговых марок, товарных знаков, фирменных наименований, знаков обслуживания, авторских, смежных прав или иных аналогичных прав (за исключением услуг в электронной форме);

      аренде, лизинге и предоставлении в пользование на иных основаниях движимого имущества, за исключением аренды, лизинга и предоставления в пользование на иных основаниях транспортных средств;

      оказании услуг лицом, привлекающим от своего имени для основного участника договора (контракта) либо от имени основного участника договора (контракта) другое лицо для выполнения работ, услуг, предусмотренных настоящим подпунктом;

      В случае если покупателем работ, услуг является налогоплательщик государства-члена, а их потребителем является его филиал или представительство (постоянное представительство), которые осуществляют деятельность на территории другого государства-члена и (или) местом нахождения которых является территория другого государства-члена, то местом реализации работ, услуг признается территория этого другого государства-члена;

      оказании услуг в электронной форме (место осуществления деятельности покупателя таких услуг определяется в соответствии с приложением к настоящему Протоколу);

      5) работы выполняются, услуги оказываются налогоплательщиком этого государства-члена, если иное не предусмотрено подпунктами 1 – 4 настоящего пункта.

      Положения настоящего подпункта применяются также при аренде, лизинге и предоставлении в пользование на иных основаниях транспортных средств.

      6) налогоплательщиком этого государства-члена выполняются работы, оказываются услуги, предусмотренные подпунктом 4 настоящего пункта (за исключением услуг в электронной форме), которые приобретаются физическим лицом, осуществляющим деятельность или постоянно проживающим в другом государстве-члене и не являющимся индивидуальным предпринимателем.

      Сноска. Пункт 29 с изменениями, внесенными законами РК от 30.01.2024 № 56-VIII; от 22.02.2024 № 63-VIII.

      30. Документами, подтверждающими место реализации работ, услуг, являются (если иное не предусмотрено настоящим Протоколом):

      договор (контракт) на выполнение работ, оказание услуг, заключенный налогоплательщиками государств-членов;

      документы, подтверждающие факт выполнения работ, оказания услуг;

      иные документы, предусмотренные законодательством государств-членов.

      Сноска. Пункт 30 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      31. При реализации работ по переработке давальческого сырья, ввезенного на территорию одного государства-члена с территории другого государства-члена с последующим вывозом продуктов переработки на территорию другого государства, порядок взимания НДС и обеспечение контроля за его уплатой осуществляются в соответствии с разделом II настоящего Протокола, если иное не установлено настоящим разделом. При этом налоговая база по НДС определяется как стоимость выполненных работ по переработке давальческого сырья.

      32. Для подтверждения обоснованности применения нулевой ставки НДС при реализации работ, указанных в пункте 31 настоящего Протокола, в налоговые органы одновременно с налоговой декларацией представляются следующие документы (их копии) на бумажном носителе:

      1) договор (контракт), заключенный между налогоплательщиками государств-членов;

      2) документы, подтверждающие факт выполнения работ;

      3) документы, подтверждающие вывоз (ввоз) товаров, указанных в пункте 31 настоящего Протокола;

      4) заявление (на бумажном носителе в оригинале или в копии по усмотрению налоговых органов государств-членов) либо перечень заявлений (на бумажном носителе или в электронном виде с электронной (электронно-цифровой) подписью налогоплательщика).

      Перечень заявлений представляется в порядке, установленном подпунктом 3 пункта 4 настоящего Протокола.

      В случае вывоза продуктов переработки давальческого сырья за пределы Союза заявление (перечень заявлений) в налоговый орган не представляется.

      В случае вывоза продуктов переработки давальческого сырья с территории одного государства-члена на территорию другого государства-члена и помещения их под таможенную процедуру свободной таможенной зоны или свободного склада на территории другого государства-члена вместо заявления (перечня заявлений) в налоговый орган первого государства-члена представляется заверенная таможенным органом другого государства-члена копия таможенной декларации, в соответствии с которой такие товары помещены под таможенную процедуру свободной таможенной зоны или свободного склада;

      5) таможенная декларация, подтверждающая вывоз продуктов переработки давальческого сырья за пределы Союза;

      6) иные документы, предусмотренные законодательством государств-членов.

      Документы, предусмотренные подпунктами 1, 2, 3, 5, 6, абзацем четвертым подпункта 4 настоящего пункта, могут быть представлены в электронном виде в порядке, установленном нормативными правовыми актами налоговых органов государств-членов либо иными нормативными правовыми актами государств-членов. Формат указанных документов определяется налоговыми органами государств-членов либо иными нормативными правовыми актами государств-членов.

      Документы, предусмотренные настоящим пунктом, за исключением заявления (перечня заявлений), не представляются в налоговый орган, если непредставление документов, подтверждающих обоснованность применения нулевой ставки НДС, одновременно с налоговой декларацией следует из законодательства государства-члена, на территории которого осуществляется переработка.

      33. В случае если налогоплательщиком выполняются, оказываются несколько видов работ, услуг, порядок налогообложения которых регулируется настоящим разделом, и реализация одних работ, услуг носит вспомогательный характер по отношению к реализации других работ, услуг, то местом реализации вспомогательных работ, услуг признается место реализации основных работ, услуг.

  Приложение
к Протоколу о порядке взимания
косвенных налогов и механизме
контроля за их уплатой
при экспорте и импорте товаров,
выполнении работ, оказании
услуг

ПОРЯДОК
взимания налога на добавленную стоимость при оказании услуг в электронной форме

I. Общие положения

      1. Настоящий Порядок разработан в соответствии со статьей 72 Договора о Евразийском экономическом союзе (далее - Договор) и Протоколом о порядке взимания косвенных налогов и механизме контроля за их уплатой при экспорте и импорте товаров, выполнении работ, оказании услуг (приложение № 18 к Договору) (далее - Протокол) и определяет порядок взимания НДС при оказании услуг в электронной форме налогоплательщиком одного государства-члена налогоплательщику другого государства-члена, а также физическим лицам (не являющимся индивидуальными предпринимателями и налогоплательщиками в соответствии с законодательством другого государства-члена, но соответствующим условиям определения места осуществления деятельности, предусмотренным пунктом 6 настоящего Порядка).

      2. Понятия, используемые в настоящем Порядке, применяются в значениях, определенных Протоколом.

II. Формирование перечня услуг в электронной форме

      3. Государства-члены формируют перечень услуг в электронной форме, который утверждается Советом Комиссии.

      4. В целях применения настоящего Порядка и Протокола к услугам в электронной форме не относятся, в частности:

      1) реализация товаров (работ, услуг), если при заказе через информационно-телекоммуникационную сеть, в том числе через сеть Интернет, поставка товаров (выполнение работ, оказание услуг) осуществляется без использования такой информационно-телекоммуникационной сети;

      2) реализация (передача прав на использование) программного обеспечения для любых видов электронных устройств (включая компьютерные игры) на материальных носителях и (или) баз данных на материальных носителях;

      3) оказание услуг по предоставлению доступа к информационнотелекоммуникационной сети, в том числе к сети Интернет.

III. Определение места осуществления деятельности покупателя услуг в электронной форме

      5. Местом осуществления деятельности организации, приобретающей услуги в электронной форме, признается территория государства-члена, если выполняется одно из следующих условий:

      1) организация осуществляет деятельность на территории государства-члена на основе государственной регистрации, за исключением случаев, предусмотренных подпунктами 2 и 3 настоящего пункта;

      2) услуги оказаны филиалу, представительству, постоянному представительству организации, расположенному в этом государстве-члене, не являющемся местом государственной регистрации данной организации, либо приобретены для такого филиала, представительства, постоянного представительства организации и потреблены им;

      3) место нахождения постоянно действующего исполнительного органа (место управления) организации находится в этом государстве-члене, не являющемся местом государственной регистрации данной организации, и в этом государстве-члене фактически осуществляется предпринимательская деятельность организации, а также потреблены услуги.

      6. Местом осуществления деятельности физического лица, в том числе индивидуального предпринимателя, приобретающего услуги в электронной форме, признается территория государства-члена, если выполняется одно из следующих условий:

      1) место жительства (место постоянного или преимущественного проживания) покупателя находится в этом государстве-члене;

      2) место нахождения банка, в котором открыт счет, используемый покупателем для оплаты услуг, или оператора электронных денежных средств, через которого покупателем осуществляется оплата услуг расположено на территории этого государства-члена;

      3) сетевой адрес покупателя, использованный при приобретении услуг, зарегистрирован в этом государстве-члене (относится к соответствующему адресному пространству);

      4) международный код страны телефонного номера, используемого покупателем для приобретения или оплаты услуг, присвоен этим государством-членом.

      7. Место осуществления деятельности индивидуального предпринимателя, приобретающего услуги в электронной форме, определяется на основании предусмотренных пунктом 5 настоящего Порядка условий, применяемых для организаций, если это установлено нормативными правовыми актами государства-члена, в котором зарегистрирован индивидуальный предприниматель, принятыми после вступления в силу настоящего Порядка.

      8. В случае если в соответствии с условиями, предусмотренными пунктом 6 настоящего Порядка, местом осуществления деятельности физического лица, приобретающего услуги в электронной форме, могут быть признаны территории более чем одного государства-члена, продавец определяет место осуществления деятельности такого физического лица исходя из одновременного соблюдения большего числа указанных условий на территории государства-члена.

      При одновременном соблюдении равного числа указанных в пункте 6 условий на территориях нескольких государств-членов продавец самостоятельно определяет место осуществления деятельности такого физического лица исходя из подходов, применяемых им для неограниченного круга покупателей услуг в электронной форме.

IV. Уплата НДС при оказании услуг в электронной форме

      9. В целях уплаты НДС налогоплательщик одного государства-члена, оказывающий услуги в электронной форме физическим лицам, местом осуществления деятельности которых признана территория другого государства-члена, подлежит постановке на учет в налоговом органе этого другого государства-члена, за исключением случаев, предусмотренных пунктом 11 настоящего Порядка. Постановка на учет осуществляется посредством использования информационного ресурса указанного налогового органа в сети Интернет (далее - информационный ресурс) либо, если это предусмотрено законодательством государства-члена, путем условной регистрации в налоговом органе государства-члена, территория которого является местом реализации таких услуг.

      10. В целях уплаты НДС налогоплательщик одного государства- члена, оказывающий услуги в электронной форме организациям и (или) индивидуальным предпринимателям, местом осуществления деятельности которых признана территория другого государства-члена, за исключением случаев, предусмотренных пунктом 11 настоящего Порядка, подлежит постановке на учет в налоговом органе этого другого государства-члена, если такая обязанность предусмотрена законодательством этого другого государства-члена.

      Если обязанность по постановке налогоплательщика-продавца на учет в налоговом органе государства-члена, территория которого является местом реализации услуг в электронной форме, не предусмотрена законодательством такого государства-члена, то обязанности по исчислению и уплате (удержанию) НДС осуществляют организации и (или) индивидуальные предприниматели, приобретающие услуги в электронной форме, в порядке, предусмотренном законодательством своего государства-члена.

      Если налогоплательщики-продавцы не осуществили постановку на учет в налоговом органе такого другого государства-члена (в случае, когда обязанность по постановке на учет предусмотрена законодательством государства-члена по месту осуществления деятельности покупателя), то обязанность по исчислению и уплате (удержанию) НДС осуществляют организации и индивидуальные предприниматели, приобретающие услуги в электронной форме, в порядке, предусмотренном законодательством своего государства- члена.

      Если законодательством государства-члена, которое признано местом осуществления деятельности покупателя, предусмотрена постановка на учет в налоговом органе такого государства-члена только по основанию, связанному с оказанием услуг в электронной форме физическим лицам, в том числе индивидуальным предпринимателям, либо физическим лицам, не являющимся индивидуальными предпринимателями, но налогоплательщик-продавец осуществляет оказание таких услуг как физическим лицам, в том числе индивидуальным предпринимателям, так и организациям, то в отношении приобретенных организациями и (или) индивидуальными предпринимателями услуг в электронной форме обязанность по исчислению и уплате (удержанию) НДС осуществляют такие организации и (или) индивидуальные предприниматели, приобретающие услуги в электронной форме, в порядке, предусмотренном законодательством государства-члена, которое признано местом осуществления деятельности покупателя.

      Список организаций, оказывающих услуги в электронной форме, должен размещаться на официальных сайтах налоговых органов государств-членов в сети Интернет с указанием даты постановки указанных организаций на учет в налоговых органах государства-члена, в котором осуществляется приобретение услуг в электронной форме, учетного номера плательщика, или идентификационного номера налогоплательщика, или регистрационного номера налогоплательщика (при наличии).

      11. При оказании налогоплательщиком одного государства-члена услуг в электронной форме, местом реализации которых признается территория другого государства-члена, при посредничестве состоящей на учете в налоговых органах этого другого государства-члена организации (индивидуального предпринимателя), участвующей в расчетах непосредственно с покупателями таких услуг в этом другом государстве-члене на основании договора с налогоплательщиком, оказывающим услуги в электронной форме, исчисление и уплата (удержание) НДС производятся таким посредником в расчетах, а не налогоплательщиком, оказывающим услуги в электронной форме.

      При оказании налогоплательщиком одного государства-члена " услуг в электронной форме, местом реализации которых признается территория другого государства-члена, при посредничестве состоящей на учете в налоговых органах первого государства-члена или в налоговых органах иных государств-членов, территория которых не признается местом реализации таких услуг, организации (индивидуального предпринимателя), участвующей в расчетах непосредственно с покупателями таких услуг в этом другом государстве-члене на основании договора с таким налогоплательщиком, оказывающим услуги в электронной форме, исчисление и уплата (удержание) НДС производятся таким посредником в расчетах, а не налогоплательщиком, оказывающим услуги в электронной форме, если обязанность по постановке на учет и уплате налога в этом другом государстве-члене возникает у такого налогоплательщика в соответствии с пунктами 9 и 10 настоящего Порядка.

      В случае оказания услуг в электронной форме с участием нескольких посредников в расчетах исчисление и уплата (удержание) НДС производятся тем из них, который непосредственно осуществляет расчеты с покупателем, независимо от наличия у такого посредника в расчетах договора с налогоплательщиком-продавцом.

      В случаях, указанных в абзацах первом - третьем настоящего пункта, требования настоящего Порядка по постановке на учет в налоговом органе другого государства-члена, представлению налоговых деклараций, уплате НДС и выполнению иных обязанностей, которые определены настоящим Порядком для налогоплательщика, распространяются на указанного посредника в расчетах.

      Положения настоящего пункта не распространяются на случаи оказания налогоплательщиком-продавцом услуг в электронной форме самостоятельно, а также через его филиал, представительство, постоянное представительство, расположенные в государстве-члене, являющемся местом реализации услуг в электронной форме.

      12. При оказании услуг в электронной форме порядок постановки на учет (снятия с учета) в налоговом органе налогоплательщиков, оказывающих такие услуги, и посредников в расчетах, указанных в пункте 11 настоящего Порядка, налоговая база, ставки НДС, порядок исчисления и сроки уплаты НДС, налоговые льготы (освобождения от налогообложения), а также порядок возврата (зачета) излишне уплаченных сумм НДС определяются в соответствии с законодательством государства-члена, территория которого признается местом реализации таких услуг, если иное не предусмотрено пунктом 15 настоящего Порядка.

      13. Если налогоплательщик одного государства-члена состоит на учете в налоговом органе другого государства-члена для уплаты НДС по услугам в электронной форме, оказанным на территории этого другого государства-члена, и при этом осуществляет иные операции по реализации работ, услуг, предусмотренные подпунктами 1-4 пункта 29 Протокола, местом реализации которых признается территория этого другого государства-члена, то по этим иным операциям уплата НДС осуществляется в порядке, определенном пунктами 9 и 10 настоящего Порядка, если иное не установлено законодательством этого другого государства-члена.

      14. В случае если налогоплательщик одного государства-члена подлежит постановке на учет или состоит на учете в налоговом органе другого государства-члена по основаниям, указанным в пунктах 9-11 настоящего Порядка, то он представляет в налоговый орган соответствующую налоговую декларацию по форме, установленной законодательством государства-члена, территория которого признается местом реализации услуг, либо по форме, утвержденной компетентным органом этого государства-члена. Указанная налоговая декларация представляется в налоговый орган через информационный ресурс налогового органа государства-члена, территория которого признается местом реализации услуг.

      Если налоговая декларация не представляется в соответствии с законодательством государства-члена, то налогоплательщик производит уплату НДС к установленному сроку без исполнения обязательства представлять в налоговый орган налоговую декларацию, предусмотренную абзацем первым настоящего пункта.

      В рамках проведения контрольных мероприятий налоговый орган государства-члена, территория которого признается местом реализации услуг в электронной форме, вправе истребовать у налогоплательщика, оказывающего такие услуги, сведения, необходимые для подтверждения места реализации услуг, полноты и своевременности уплаты НДС, и платежный документ (документы), подтверждающий уплату НДС к установленному сроку, или его копию.

      Истребуемые документы подлежат представлению в запрашивающий налоговый орган в электронном виде в течение 30 календарных дней с даты, указанной в требовании налогового органа. На основании заявления налогоплательщика налоговый орган может продлить срок представления сведений и (или) платежных документов.

      15. При оказании налогоплательщиком одного государства-члена услуг в электронной форме и осуществлении иных операций по реализации работ и услуг, предусмотренных подпунктами 1 - 4 пункта 29 Протокола, местом реализации которых признается территория другого государства-члена, моментом (датой) определения налоговой базы является последний день квартала или месяца (если налоговым периодом согласно законодательству государства-члена является месяц), в котором поступила оплата (частичная оплата) за оказанные услуги (выполненные работы) или оплата (частичная оплата) в счет предстоящего оказания услуг (выполнения работ).

      При определении налоговой базы стоимость указанных услуг (работ) в иностранной валюте пересчитывается в национальную валюту по курсу национального (центрального) банка государства-члена на дату, соответствующую моменту (дате) определения налоговой базы, если иное не установлено законодательством государства-члена, территория которого признается местом реализации таких услуг (работ).

      16. До создания информационных ресурсов, предусмотренных пунктами 9 и 14 настоящего Порядка, у организаций, оказывающих услуги в электронной форме, или организаций, при посредничестве которых осуществляется оказание таких услуг, обязанности по исчислению и уплате (удержанию) НДС не возникает.

      Такая обязанность возлагается соответственно на организацию (индивидуального предпринимателя), приобретающую услуги в электронной форме, если эта обязанность предусмотрена законодательством государства-члена, территория которого является местом реализации услуг в электронной форме.

      Положения настоящего пункта не распространяются на налогоплательщика-продавца, осуществившего условную регистрацию в налоговом органе государства-члена, территория которого является местом реализации услуг в электронной форме.

  ПРИЛОЖЕНИЕ № 19
к Договору о Евразийском
экономическом союзе


Протокол об общих принципах и правилах конкуренции

I. Общие положения

      1. Настоящий Протокол разработан в соответствии с разделом XVIII Договора о Евразийском экономическом союзе (далее – Договор) и определяет особенности его применения, штрафные санкции за нарушение общих правил конкуренции на трансграничных рынках на территориях двух и более государств-членов (далее – трансграничный рынок), порядок осуществления Комиссией контроля за соблюдением общих правил конкуренции на трансграничных рынках (включая взаимодействие с уполномоченными органами государств-членов), взаимодействия уполномоченных органов государств-членов между собой при осуществлении контроля за соблюдением конкурентного (антимонопольного) законодательства, а также введения государственного ценового регулирования и оспаривания решений государств-членов о его введении.

      2. Понятия, используемые в настоящем Протоколе, а также для целей раздела XVIII Договора, означают следующее:

      1) "вертикальное" соглашение" – соглашение между хозяйствующими субъектами (субъектами рынка), один из которых приобретает товар или является его потенциальным приобретателем, а другой предоставляет товар или является его потенциальным продавцом;

      2) "взаимозаменяемые товары" – товары, которые могут быть сравнимы по их функциональному назначению, применению, качественным и техническим характеристикам, цене и другим параметрам таким образом, что приобретатель действительно заменяет или готов заменить один товар другим при потреблении (в том числе при потреблении в производственных целях);

      3) "государственное ценовое регулирование" – установление органами государственной власти и органами местного самоуправления государств-членов цен (тарифов), надбавок к ценам (тарифам), максимальных или минимальных цен (тарифов), максимальных или минимальных надбавок к ценам (тарифам) в порядке, установленном законодательством государств-членов;

      4) "государственные или муниципальные преференции" – предоставление органами исполнительной власти, органами местного самоуправления государств-членов, иными осуществляющими функции указанных органов органами или организациями отдельным хозяйствующим субъектам (субъектам рынка) преимущества, которое обеспечивает им более выгодные условия деятельности, путем передачи государственного или муниципального имущества, иных объектов гражданских прав либо путем предоставления имущественных льгот, государственных или муниципальных гарантий;

      5) "группа лиц" – совокупность физических лиц и (или) юридических лиц, соответствующих одному или нескольким из следующих признаков:

      хозяйственное общество (товарищество, хозяйственное партнерство) и физическое лицо или юридическое лицо, если такое физическое лицо или такое юридическое лицо имеет в силу своего участия в этом хозяйственном обществе (товариществе, хозяйственном партнерстве) либо в соответствии с полномочиями, полученными, в том числе на основании письменного соглашения, от других лиц, более чем 50 процентов общего количества голосов, приходящихся на голосующие акции (доли) в уставном (складочном) капитале этого хозяйственного общества (товарищества, хозяйственного партнерства);

      хозяйствующий субъект (субъект рынка) и физическое лицо или юридическое лицо, если такое физическое лицо или такое юридическое лицо осуществляют функции единоличного исполнительного органа этого хозяйствующего субъекта (субъекта рынка);

      хозяйствующий субъект (субъект рынка) и физическое лицо или юридическое лицо, если такое физическое лицо или такое юридическое лицо на основании учредительных документов этого хозяйствующего субъекта (субъекта рынка) или заключенного с этим хозяйствующим субъектом (субъектом рынка) договора (соглашения) вправе давать этому хозяйствующему субъекту (субъекту рынка) обязательные для исполнения указания;

      хозяйствующие субъекты (субъекты рынка), в которых более чем 50 процентов количественного состава коллегиального исполнительного органа и (или) совета директоров (наблюдательного совета, совета фонда) составляют одни и те же физические лица;

      физическое лицо, его супруг, родители (в том числе усыновители), дети (в том числе усыновленные), братья и сестры;

      лица, каждое из которых по какому-либо из указанных в абзацах втором – шестом настоящего подпункта оснований входит в группу с одним и тем же лицом, а также другие лица, входящие с любым из таких лиц в группу по какому-либо из указанных в абзацах втором – шестом настоящего пункта оснований;

      хозяйственное общество (товарищество, хозяйственное партнерство), физические лица и (или) юридические лица, которые по какому-либо из указанных в абзацах втором – седьмом настоящего подпункта признаков входят в одну группу лиц, если такие лица в силу своего совместного участия в этом хозяйственном обществе (товариществе, хозяйственном партнерстве) или в соответствии с полномочиями, полученными от других лиц, имеют более чем 50 процентов общего количества голосов, приходящихся на голосующие акции (доли) в уставном (складочном) капитале этого хозяйственного общества (товарищества, хозяйственного партнерства).

      Группа лиц рассматривается как единый хозяйствующий субъект (субъект рынка), и положения раздела XVIII Договора и настоящего Протокола, относящиеся к хозяйствующим субъектам (субъектам рынка), распространяются на группу лиц, за исключением случаев, предусмотренных настоящим Протоколом.

      В законодательстве государств-членов в целях реализации конкурентной (антимонопольной) политики на территориях государств-членов определение понятия "группа лиц" может быть конкретизировано, в том числе в части размеров распоряжения (участия) акциями (долями) одного лица в уставном (складочном) капитале другого лица, при которых такое распоряжение (участие) признается группой лиц;

      6) "дискриминационные условия" – условия доступа на товарный рынок, условия производства, обмена, потребления, приобретения, продажи, иной передачи товара, при которых хозяйствующий субъект (субъект рынка) или несколько хозяйствующих субъектов (субъектов рынка) поставлены в неравное положение по сравнению с другим хозяйствующим субъектом (субъектом рынка) или другими хозяйствующими субъектами (субъектами рынка) с учетом условий, ограничений и особенностей, предусмотренных Договором и (или) другими международными договорами государств-членов;

      7) "доминирующее положение" – положение хозяйствующего субъекта (субъекта рынка) (группы лиц) либо нескольких хозяйствующих субъектов (субъектов рынка) (групп лиц) на рынке определенного товара, дающее такому хозяйствующему субъекту (субъекту рынка) (группе лиц) либо таким хозяйствующим субъектам (субъектам рынка) (группам лиц) возможность оказывать решающее влияние на общие условия обращения товара на соответствующем товарном рынке, и (или) устранять с этого товарного рынка других хозяйствующих субъектов (субъектов рынка), и (или) затруднять доступ на этот товарный рынок другим хозяйствующим субъектам (субъектам рынка);

      8) "конкуренция" – состязательность хозяйствующих субъектов (субъектов рынка), при которой самостоятельными действиями каждого из них исключается или ограничивается возможность каждого из них в одностороннем порядке воздействовать на общие условия обращения товаров на соответствующем товарном рынке;

      9) "конфиденциальная информация" – все виды информации доступ к которой ограничен в соответствии с нормативными правовыми актами государств-членов, за исключением информации, относящейся в соответствии с законодательством государств-членов к государственной тайне (государственным секретам);

      10) "координация экономической деятельности" – согласование действий хозяйствующих субъектов (субъектов рынка) третьим лицом, не входящим в одну группу лиц ни с одним из таких хозяйствующих субъектов (субъектов рынка) и не осуществляющим деятельности на том товарном рынке (товарных рынках), на котором осуществляется согласование действий хозяйствующих субъектов (субъектов рынка);

      11) "косвенный контроль" – возможность юридического лица или физического лица определять решения, принимаемые юридическим лицом, через юридическое лицо или несколько юридических лиц, между которыми существует прямой контроль;

      12) "монопольно высокая цена" – цена, установленная занимающим доминирующее положение хозяйствующим субъектом (субъектом рынка), если эта цена превышает сумму необходимых для производства и реализации такого товара расходов и прибыли и цену, которая сформировалась в условиях конкуренции на товарном рынке, сопоставимом по составу покупателей или продавцов товара, условиям обращения товара, условиям доступа на товарный рынок, государственному регулированию, включая налогообложение и таможенно-тарифное регулирование (далее – сопоставимый товарный рынок), при наличии такого рынка на территории Союза или за ее пределами. Не может быть признана монопольно высокой цена, установленная субъектом естественной монополии в пределах тарифа на такой товар, определенного в соответствии с законодательством государств-членов;

      13) "монопольно низкая цена" – цена, установленная занимающим доминирующее положение хозяйствующим субъектом (субъектом рынка), если эта цена ниже суммы фактических или необходимых для производства и реализации такого товара расходов и прибыли и ниже цены, которая сформировалась в условиях конкуренции на сопоставимом товарном рынке, при наличии такого рынка на территории Союза или за ее пределами;

      Не может быть признана монопольно низкой цена, если ее установление продавцом товара не привело или не могло привести к ограничению конкуренции в связи с сокращением числа хозяйствующих субъектов (субъектов рынка), не входящих с продавцами или покупателями товара в одну группу лиц на соответствующем товарном рынке;

      14) "недобросовестная конкуренция" – любые направленные на приобретение преимуществ в предпринимательской деятельности действия хозяйствующего субъекта (субъекта рынка) (группы лиц) или нескольких хозяйствующих субъектов (субъектов рынка) (группы лиц), которые противоречат законодательству государств-членов и (или) обычаям делового оборота, требованиям добропорядочности, разумности и справедливости и причинили или могут причинить ущерб другим хозяйствующим субъектам (субъектам рынка) - конкурентам либо нанесли или могут нанести вред их деловой репутации;

      15) "признаки ограничения конкуренции" – сокращение числа хозяйствующих субъектов (субъектов рынка), не входящих в одну группу лиц, на товарном рынке, рост или снижение цены товара, не связанные с соответствующими изменениями иных общих условий обращения товара на товарном рынке, отказ хозяйствующих субъектов (субъектов рынка), не входящих в одну группу лиц, от самостоятельных действий на товарном рынке, определение общих условий обращения товара на товарном рынке соглашением между хозяйствующими субъектами (субъектами рынка) или в соответствии с обязательными для исполнения ими указаниями иного лица либо в результате согласования хозяйствующими субъектами (субъектами рынка), не входящими в одну группу лиц, своих действий на товарном рынке, а также иные обстоятельства, создающие возможность для хозяйствующего субъекта (субъекта рынка) или нескольких хозяйствующих субъектов (субъектов рынка) в одностороннем порядке воздействовать на общие условия обращения товара на товарном рынке;

      16) "прямой контроль" – возможность юридического лица или физического лица определять решения, принимаемые юридическим лицом, посредством одного или нескольких следующих действий:

      осуществление функций его исполнительного органа;

      получение права определять условия ведения предпринимательской деятельности юридического лица;

      распоряжение более чем 50 процентами общего количества голосов, приходящихся на акции (доли), составляющие уставный (складочный) капитал юридического лица;

      17) "соглашение" – договоренность в письменной форме, содержащаяся в документе или нескольких документах, а также договоренность в устной форме;

      18) "товар" – объект гражданских прав (в том числе работа, услуга, включая финансовую услугу), предназначенный для продажи, обмена или иного введения в оборот;

      19) "товарный рынок" – сфера обращения товара, который не может быть заменен другим товаром, или взаимозаменяемых товаров, в границах которой (в том числе географической), исходя из экономической, технической или иной возможности либо целесообразности, приобретатель может приобрести товар, и такая возможность либо целесообразность отсутствует за ее пределами;

      20) "хозяйствующий субъект (субъект рынка)" – коммерческая организация, некоммерческая организация, осуществляющая деятельность, приносящую ей доход, индивидуальный предприниматель, а также физическое лицо, чья профессиональная приносящая доход деятельность в соответствии с законодательством государств-членов подлежит государственной регистрации и (или) лицензированию;

      21) "экономическая концентрация" – сделки, иные действия, осуществление которых оказывает или может оказать влияние на состояние конкуренции.

      Сноска. Пункт 2 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 30.01.2024 № 56-VIII.

      3. Доминирующее положение хозяйствующего субъекта (субъекта рынка) устанавливается исходя из анализа следующих обстоятельств:

      1) доля хозяйствующего субъекта (субъекта рынка) и ее соотношение с долями конкурентов и покупателей;

      2) возможность хозяйствующего субъекта (субъекта рынка) в одностороннем порядке определять уровень цены товара и оказывать решающее влияние на общие условия обращения товара на соответствующем товарном рынке;

      3) наличие экономических, технологических, административных или иных ограничений для доступа на товарный рынок;

      4) период существования возможности хозяйствующего субъекта (субъекта рынка) оказывать решающее влияние на общие условия обращения товара на товарном рынке.

      4. Доминирующее положение хозяйствующего субъекта (субъекта рынка) на трансграничном рынке устанавливается Комиссией в соответствии с методикой оценки состояния конкуренции на трансграничном рынке, утверждаемой Комиссией.

      Сноска. Пункт 4 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

II. Допустимость соглашений и изъятия

      5. Соглашения, предусмотренные пунктами 4 и 5 статьи 76 Договора, а также соглашения хозяйствующих субъектов (субъектов рынка) о совместной деятельности, которые могут привести к последствиям, указанным в пункте 3 статьи 76 Договора, могут быть признаны допустимыми, если они не накладывают на хозяйствующие субъекты (субъекты рынка) ограничения, не являющиеся необходимыми для достижения целей этих соглашений, и не создают возможность для устранения конкуренции на соответствующем товарном рынке и если хозяйствующие субъекты (субъекты рынка) докажут, что такие соглашения имеют или могут иметь своим результатом:

      1) совершенствование производства (реализации) товаров или стимулирование технического (экономического) прогресса либо повышение конкурентоспособности товаров производства государств-членов на мировом товарном рынке;

      2) получение потребителями соразмерной части преимуществ (выгод), которые приобретаются соответствующими лицами от совершения таких действий.

      6. Допускаются "вертикальные" соглашения, если:

      1) такие соглашения являются договорами коммерческой концессии;

      2) доля каждого хозяйствующего субъекта (субъекта рынка), являющегося участником такого соглашения, на товарном рынке товара, являющегося предметом "вертикального" соглашения, не превышает 20 процентов.

      7. Положения пунктов 3 – 6 статьи 76 Договора не распространяются на соглашения между хозяйствующими субъектами (субъектами рынка), входящими в одну группу лиц, если одним из таких хозяйствующих субъектов (субъектов рынка) в отношении другого хозяйствующего субъекта (субъекта рынка) установлен прямой или косвенный контроль либо если такие хозяйствующие субъекты (субъекты рынка) находятся под прямым или косвенным контролем одного лица, за исключением соглашений между хозяйствующими субъектами (субъектами рынка), осуществляющими виды деятельности, одновременное выполнение которых одним хозяйствующим субъектом (субъектом рынка) не допускается в соответствии с законодательством государств-членов.

III. Контроль за соблюдением общих правил конкуренции

      8. Пресечение нарушений хозяйствующими субъектами (субъектами рынка), а также физическими лицами и некоммерческими организациями государств-членов, не являющимися хозяйствующими субъектами (субъектами рынка), общих правил конкуренции, установленных статьей 76 Договора, на территориях государств-членов осуществляется уполномоченными органами государств-членов.

      9. Пресечение нарушений хозяйствующими субъектами (субъектами рынка) государств-членов, а также физическими лицами и некоммерческими организациями государств-членов, не являющимися хозяйствующими субъектами (субъектами рынка), общих правил конкуренции, установленных статьей 76 Договора, осуществляется Комиссией, если такие нарушения оказывают или могут оказать негативное влияние на конкуренцию на трансграничных рынках, за исключением нарушений, оказывающих негативное влияние на конкуренцию на трансграничных финансовых рынках, пресечение которых осуществляется в соответствии с законодательством государств-членов.

      10. Комиссия осуществляет:

      1) рассмотрение заявления (материалов) о наличии признаков нарушения общих правил конкуренции, установленных статьей 76 Договора, которое оказывает или может оказать негативное влияние на конкуренцию на трансграничных рынках (далее - рассмотрение заявления);

      2) проведение расследования нарушений общих правил конкуренции на трансграничных рынках (далее- проведение расследования);

      3) возбуждение и рассмотрение дела о нарушении общих правил конкуренции, установленных статьей 76 Договора, которое оказывает или может оказать негативное влияние на конкуренцию на трансграничных рынках (далее - рассмотрение дела), на основании обращений уполномоченных органов государств-членов, хозяйствующих субъектов (субъектов рынка) государств-членов, органов власти государств-членов, физических лиц или по собственной инициативе;

      4) вынесение определения, предостережения о недопустимости совершения действий, которые могут привести к нарушению общих правил конкуренции на трансграничных рынках (далее - предостережение), а также принятие обязательных для исполнения хозяйствующими субъектами (субъектами рынка) государств-членов решений, в том числе о:

      применении штрафных санкций к хозяйствующим субъектам (субъектам рынка) государств-членов в случаях, предусмотренных разделом XVIII Договора и настоящим Протоколом;

      совершении действий, направленных на прекращение нарушения общих правил конкуренции, устранение последствий их нарушения, обеспечение конкуренции;

      недопущении действий, которые могут являться препятствием для возникновения конкуренции и (или) могут привести к ограничению, устранению конкуренции на трансграничном рынке и нарушению общих правил конкуренции в случаях, предусмотренных разделом XVIII Договора и настоящим Протоколом;

      5) выдачу предупреждения хозяйствующим субъектам (субъектам рынка), а также физическим лицам и некоммерческим организациям государств-членов, не являющимся хозяйствующими субъектами (субъектами рынка), о необходимости прекращения действий (бездействия), которые содержат признаки нарушения общих правил конкуренции, и (или) об устранении причин и условий, способствовавших возникновению признаков такого нарушения, и о принятии мер по устранению последствий таких действий (бездействия) (далее - предупреждение);

      6) проведение (при необходимости) консультаций с участием представителей уполномоченных органов государств-членов и с возможностью привлечения иных лиц;

      61) проведение мониторинга и сравнительно-правового анализа законодательства государств-членов на предмет соответствия положениям раздела XVIII Договора и настоящего Протокола;

      7) запрос и получение информации от органов государственной власти, органов местного самоуправления, иных осуществляющих их функции органов и организаций государств-членов, юридических и физических лиц, в том числе конфиденциальной информации, необходимой для осуществления полномочий по контролю за соблюдением общих правил конкуренции на трансграничных рынках;

      8) представление ежегодно на рассмотрение Межправительственного совета годового отчета о состоянии конкуренции на трансграничных рынках и мерах, принимаемых по пресечению нарушений общих правил конкуренции на них, и размещение одобренного отчета на официальном сайте Союза в сети Интернет;

      9) размещение решений по рассмотренным делам о нарушении общих правил конкуренции на официальном сайте Союза в сети Интернет;

      10) иные полномочия, необходимые для реализации положений раздела XVIII Договора и настоящего Протокола.

      Сноска. Пункт 10 - в редакции Закона РК от 15.02.2021 № 6-VII; с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      11. Порядок рассмотрения заявления, порядок проведения расследования, порядок рассмотрения дела, а также порядок вынесения предостережения утверждаются Комиссией. Результаты анализа состояния конкуренции, проведенного Комиссией для целей рассмотрения дела, включаются в решение Комиссии, принимаемое по результатам рассмотрения дела, за исключением конфиденциальной информации.

      Также для целей осуществления полномочий по контролю за соблюдением общих правил конкуренции на трансграничных рынках, необходимых для реализации положений раздела XVIII Договора и настоящего Протокола, Комиссия утверждает:

      методику оценки состояния конкуренции;

      методику определения монопольно высоких (низких) цен;

      методику расчета и порядок наложения штрафов;

      особенности применения общих правил конкуренции в различных отраслях экономики (при необходимости);

      порядок взаимодействия (в том числе информационного) Комиссии и уполномоченных органов государств-членов;

      порядок подготовки отчета о состоянии конкуренции на трансграничных рынках и мерах, принимаемых по пресечению нарушений общих правил конкуренции на них;

      порядок освобождения от ответственности при добровольном заявлении о заключении хозяйствующим субъектом (субъектом рынка) соглашения, недопустимого в соответствии с пунктами 3-5 статьи 76 Договора, а равно об участии в нем.

      Сноска. Пункт 11 с изменениями, внесенными Законом РК от 15.02.2021 № 6-VII.

      12. Обеспечение рассмотрения заявлений, проведения расследований, подготовки материалов дел о нарушении общих правил конкуренции на трансграничных рынках, установленных статьей 76 Договора, и вынесения предостережений осуществляет соответствующее структурное подразделение Комиссии (далее - уполномоченное структурное подразделение Комиссии).

      Сноска. Пункт 12 в редакции Закона РК от 15.02.2021 № 6-VII.

      13. При рассмотрении заявления, проведении расследования, рассмотрении дела, рассмотрении вопроса о вынесении предостережения уполномоченное структурное подразделение Комиссии запрашивает необходимую информацию у органов государственной власти, органов местного самоуправления, иных осуществляющих их функции органов или организаций государств-членов, юридических и физических лиц. В данном случае соответствующий запрос считается направленным от имени Комиссии.

      Хозяйствующие субъекты (субъекты рынка), некоммерческие организации, органы государственной власти, органы местного самоуправления, иные осуществляющие их функции органы или организации (их должностные лица) государств-членов, физические лица обязаны представлять в Комиссию по ее запросу в установленные сроки необходимые Комиссии в соответствии с возложенными на нее полномочиями информацию, документы, сведения, пояснения.

      Сноска. Пункт 13 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 19.04.2024 № 75-VIII.

      131 В рамках рассмотрения заявления, за исключением случаев, установленных в пункте 132 настоящего Протокола, в целях пресечения действий, которые приводят или могут привести к недопущению, ограничению, устранению конкуренции на трансграничных рынках, член Коллегии Комиссии, курирующий вопросы конкуренции и антимонопольного регулирования, выдает хозяйствующему субъекту (субъекту рынка), а также физическим лицам и некоммерческим организациям государств-членов, не являющимся хозяйствующими субъектами (субъектами рынка), предупреждение.

      Процедура подготовки, выдачи, направления предупреждения и продления срока его выполнения определяется порядком рассмотрения заявлений.

      Сноска. Протокол дополнен пунктом 131 в соответствии с Законом РК от 15.02.2021 № 6-VII.

      132 Предупреждение не выдается в одном из следующих случаев:

      1) выявление признаков соглашений между хозяйствующими субъектами (субъектами рынка) государств-членов, запрещенных в соответствии со статьей 76 Договора;

      2) выявление признаков злоупотребления доминирующим положением хозяйствующего субъекта (субъекта рынка) в части установления, поддержания монопольно высокой-или монопольно низкой цены товара;

      3) выявление в действиях (бездействии) хозяйствующего субъекта (субъекта рынка) признаков нарушения общих правил конкуренции, по которым в течение предшествующих 24 месяцев было выдано предупреждение либо принято решение по итогам рассмотрения дела.

      Сноска. Протокол дополнен пунктом 132 в соответствии с Законом РК от 15.02.2021 № 6-VII.

      133 Предупреждение подлежит обязательному рассмотрению лицом, которому оно выдано, в срок, указанный в предупреждении.

      Лицо, которому выдано предупреждение, уведомляет Комиссию о выполнении предупреждения в течение 3 рабочих дней со дня окончания срока, установленного для его выполнения (к уведомлению должны быть приложены подтверждающие материалы).

      По мотивированному ходатайству лица, которому выдано предупреждение, и при наличии достаточных оснований полагать, что в установленный срок предупреждение не может быть выполнено, указанный срок может быть продлен членом Коллегии Комиссии, курирующим вопросы конкуренции и антимонопольного регулирования.

      При условии выполнения предупреждения в установленный срок расследование не проводится и лицо, выполнившее предупреждение, не подлежит ответственности в виде наложения штрафа за нарушение общих правил конкуренции.

      В случае невыполнения предупреждения в установленный срок Комиссия не позднее 10 рабочих дней со дня истечения указанного срока выносит определение о проведении расследования.

      Сноска. Протокол дополнен пунктом 133 в соответствии с Законом РК от 15.02.2021 № 6-VII.

      134 В целях предотвращения нарушения общих правил конкуренции член Коллегии Комиссии, курирующий вопросы конкуренции и антимонопольного регулирования, выносит должностному лицу хозяйствующего субъекта - (субъекта рынка), а также физическим лицам предостережение.

      Основанием для вынесения предостережения должностному лицу хозяйствующего субъекта (субъекта рынка), а также физическим лицам является публичное заявление таких лиц о планируемом поведении на трансграничном рынке, если такое поведение может привести к нарушению общих правил конкуренции и при этом отсутствуют основания для вынесения определения о начале проведения расследования.

      Сноска. Протокол дополнен пунктом 134 в соответствии с Законом РК от 15.02.2021 № 6-VII.

      14. Решения Комиссии о наложении штрафа, решения Комиссии, обязывающие нарушителя совершать определенные действия, являются исполнительными документами и подлежат исполнению органами принудительного исполнения судебных актов, актов других органов и должностных лиц государства-члена, на территории которого зарегистрированы совершившие правонарушение хозяйствующий субъект (субъект рынка), некоммерческая организация, не являющаяся хозяйствующим субъектом (субъектом рынка), или на территории которого постоянно или временно проживает совершившее правонарушение физическое лицо.

      Акты, действия (бездействие) Комиссии в сфере конкуренции оспариваются в Суде Союза в порядке, предусмотренном Статутом Суда Союза (приложение № 2 к Договору) с учетом положений настоящего Протокола.

      В случае принятия Судом Союза заявления об обжаловании решения Комиссии по делу о нарушении общих правил конкуренции на трансграничных рынках к производству действие решения Комиссии приостанавливается до дня вступления решения Суда Союза в законную силу.

      Суд Союза принимает к рассмотрению заявление об обжаловании решения Комиссии по делу о нарушении общих правил конкуренции на трансграничных рынках без предварительного обращения заявителя в Комиссию для урегулирования вопроса в досудебном порядке.

      15. Акты, действия (бездействие) уполномоченных органов государств-членов оспариваются в судебных органах государств-членов в соответствии с процессуальным законодательством государств-членов.

IV. Штрафные санкции за нарушение общих правил
конкуренции на трансграничных рынках, налагаемые Комиссией

      16. Комиссия в соответствии с методикой расчета и порядком наложения штрафов, утверждаемыми Комиссией, налагает штрафы за нарушения общих правил конкуренции на трансграничных рынках, предусмотренные статьей 76 Договора, а также за непредставление либо несвоевременное представление в Комиссию по ее требованию сведений (информации) или за представление в Комиссию заведомо недостоверных сведений (информации) в следующих размерах:

      1) недобросовестная конкуренция, недопустимая в соответствии с пунктом 2 статьи 76 Договора, влечет наложение штрафа на должностных лиц и индивидуальных предпринимателей в размере от 20 000 до 110 000 российских рублей, на юридических лиц – в размере от 100 000 до 1 000 000 российских рублей;

      2) заключение хозяйствующим субъектом (субъектом рынка) соглашения, недопустимого в соответствии с пунктами 3 – 5 статьи 76 Договора, а равно участие в нем влечет наложение штрафа на должностных лиц и индивидуальных предпринимателей в размере от 20 000 до 150 000 российских рублей, на юридических лиц – в размере от одной сотой до пятнадцати сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено правонарушение, либо суммы расходов правонарушителя на приобретение товара (работы, услуги), на рынке которого совершено правонарушение, но не более одной пятидесятой совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг) и не менее 100 000 российских рублей, а в случае если сумма выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено правонарушение, превышает 75 процентов совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг), – в размере от трех тысячных до трех сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено правонарушение, либо размера суммы расходов правонарушителя на приобретение товара (работы, услуги), на рынке которого совершено правонарушение, но не более одной пятидесятой совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг) и не менее 100 000 российских рублей;

      3) координация экономической деятельности хозяйствующих субъектов (субъектов рынка), недопустимая в соответствии с пунктом 6 статьи 76 Договора, влечет наложение штрафа на физических лиц в размере от 20 000 до 75 000 российских рублей, должностных лиц и индивидуальных предпринимателей – в размере от 20 000 до 150 000 российских рублей, на юридических лиц – в размере от 200 000 до 5 000 000 российских рублей;

      4) совершение занимающим доминирующее положение на товарном рынке хозяйствующим субъектом (субъектом рынка) действий, признаваемых злоупотреблением доминирующим положением и недопустимых в соответствии с пунктом 1 статьи 76 Договора, влечет наложение штрафа на должностных лиц и индивидуальных предпринимателей в размере от 20 000 до 150 000 российских рублей, на юридических лиц – в размере от одной сотой до пятнадцати сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено правонарушение, либо суммы расходов правонарушителя на приобретение товара (работы, услуги), на рынке которого совершено правонарушение, но не более одной пятидесятой совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг) и не менее 100 000 российских рублей, а в случае если сумма выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено правонарушение, превышает 75 процентов совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг), – в размере от трех тысячных до трех сотых размера суммы выручки правонарушителя от реализации товара (работы, услуги), на рынке которого совершено правонарушение, либо размера суммы расходов правонарушителя на приобретение товара (работы, услуги), на рынке которого совершено правонарушение, но не более одной пятидесятой совокупного размера суммы выручки правонарушителя от реализации всех товаров (работ, услуг) и не менее 100 000 российских рублей;

      5) непредставление или несвоевременное представление в Комиссию сведений (информации), предусмотренных разделом XVIII Договора и настоящим Протоколом, в том числе непредставление сведений (информации) по требованию Комиссии, а равно представление в Комиссию заведомо недостоверных сведений (информации) влечет наложение штрафа на физических лиц в размере от 10 000 до 15 000 российских рублей, на должностных лиц и индивидуальных предпринимателей – в размере от 10 000 до 60 000 российских рублей, на юридических лиц – в размере от 150 000 до 1 000 000 российских рублей.

      6) невыполнение, ненадлежащее выполнение или невыполнение в срок решений Комиссии, обязывающих нарушителя совершать определенные действия:

      о прекращении ограничивающих конкуренцию соглашений, координации экономической деятельности хозяйствующих субъектов (субъектов рынка) и (или) совершении действий, направленных на обеспечение конкуренции, влечет наложение штрафа на физических лиц в размере от 25 000 до 35 000 российских рублей, на должностных лиц и индивидуальных предпринимателей - в размере от 35 000 до 45 000 российских рублей, на юридических лиц - в размере от 500 000 до 700 000 российских рублей;

      о прекращении злоупотребления хозяйствующим субъектом (субъектом рынка) доминирующим положением на товарном рынке и (или) совершении действий, направленных на обеспечение конкуренции, влечет наложение штрафа на должностных лиц и индивидуальных предпринимателей в размере от 20 000 до 30 000 российских рублей, на юридических лиц - в размере от 500 000 до 700 000 российских рублей;

      о прекращении недобросовестной конкуренции и (или) совершении действий, направленных на обеспечение конкуренции, влечет наложение штрафа на должностных лиц и индивидуальных предпринимателей в размере от 20 000 до 30 000 российских рублей, на юридических лиц - в размере от 300 000 до 500 000 российских рублей.

      Под должностным лицом в настоящем Протоколе понимаются выполняющие организационно-распорядительные или административно-хозяйственные функции руководители и работники хозяйствующих субъектов (субъектов рынка), некоммерческих организаций, не являющихся хозяйствующими субъектами (субъектами рынка), руководители организаций, осуществляющих полномочия единоличных исполнительных органов хозяйствующих субъектов (субъектов рынка), некоммерческих организаций, не являющихся хозяйствующими субъектами (субъектами рынка). Для целей настоящего Протокола за нарушения общих правил конкуренции на трансграничных рынках физические лица, профессиональная приносящая доход деятельность которых в соответствии с законодательством государств-членов подлежит государственной регистрации и (или) лицензированию, несут ответственность как должностные лица.

      Сноска. Пункт 16 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      17. Штрафы, предусмотренные подпунктами 1 – 5 пункта 16 настоящего Протокола, подлежат перечислению в бюджет того государства-члена, на территории которого зарегистрировано совершившее правонарушение юридическое лицо либо на территории которого постоянно или временно проживает совершившее правонарушение физическое лицо.

      18. Штрафы, предусмотренные пунктом 16 настоящего Протокола, выплачиваются хозяйствующим субъектом (субъектом рынка), физическим лицом или некоммерческой организацией, не являющейся хозяйствующим субъектом (субъектом рынка), в национальной валюте того государства-члена, на территории которого зарегистрирован хозяйствующий субъект (субъект рынка), некоммерческая организация, постоянно или временно проживает физическое лицо, нарушившие общие правила конкуренции, предусмотренные настоящим Протоколом, по курсу, установленному национальным (центральным) банком указанного государства-члена на день принятия Комиссией решения о наложении штрафа.

      19. Лицо (группа лиц), добровольно заявившее в Комиссию о заключении им соглашения, недопустимого в соответствии со статьей 76 Договора, освобождается от ответственности за правонарушения, предусмотренные подпунктом 2 пункта 16 настоящего Протокола, при выполнении в совокупности следующих условий:

      на момент обращения лица с заявлением Комиссия не располагала сведениями и документами о совершенном правонарушении;

      лицо отказалось от участия или дальнейшего участия в соглашении, недопустимом в соответствии со статьей 76 Договора;

      представленные сведения и документы являются достаточными для установления события правонарушения.

      Освобождению от ответственности подлежит лицо, первым выполнившее все условия, предусмотренные настоящим пунктом.

      20. Не подлежит рассмотрению заявление, поданное одновременно от имени нескольких лиц, заключивших соглашение, недопустимое в соответствии со статьей 76 Договора.

      21. Размеры штрафов за нарушение общих правил конкуренции на трансграничных рынках, установленные в настоящем разделе, могут быть изменены решением Высшего совета, за исключением штрафов, налагаемых на юридических лиц и исчисляемых исходя из суммы выручки правонарушителя от реализации товара (работы, услуг) или суммы расходов правонарушителя на приобретение товара (работы, услуги), на рынке которого совершено правонарушение.

V. Взаимодействие уполномоченных органов государств-членов

      22. Взаимодействие уполномоченных органов государств-членов в целях реализации раздела XVIII Договора и настоящего Протокола осуществляется в рамках правоприменительной деятельности путем направления уведомлений, запросов о предоставлении информации, запросов и поручений о проведении отдельных процессуальных действий, обмена информацией, координации правоприменительной деятельности государств-членов, а также осуществления правоприменительной деятельности по запросу одного из государств-членов.

      Указанное взаимодействие осуществляется центральными аппаратами уполномоченных органов государств-членов.

      23. Уполномоченный орган государства-члена уведомляет уполномоченный орган другого государства-члена в случае, если ему станет известно, что его правоприменительная деятельность может затронуть интересы другого государства-члена в сфере защиты конкуренции.

      24. Под правоприменительной деятельностью, которая может затронуть интересы другого государства-члена в сфере защиты конкуренции, в настоящем Протоколе понимается деятельность уполномоченных органов государств-членов:

      1) имеющая отношение к правоприменительной деятельности другого государства-члена;

      2) касающаяся антиконкурентных действий (за исключением сделок по слиянию или приобретению и совершения иных действий), осуществляемых в том числе на территории другого государства-члена;

      3) касающаяся сделок (иных действий), в которых одна из сторон сделки или лицо, контролирующее одну или более сторон сделки или иным образом определяющее условия ведения ими хозяйственной деятельности, является лицом, зарегистрированным или учрежденным в соответствии с законодательством другого государства-члена;

      4) связанная с применением мер принудительного воздействия, которые требуют осуществления или запрещают какие-либо действия на территории другого государства-члена в рамках обеспечения соблюдения конкурентного (антимонопольного) законодательства.

      25. Уведомления о сделках (иных действиях) направляются:

      1) не позднее даты принятия уполномоченным органом уведомляющего государства-члена решения о продлении срока рассмотрения сделки;

      2) в случаях, когда решение по сделке принимается без продления срока ее рассмотрения, – не позднее даты принятия решения по сделке в разумный срок, позволяющий уведомляемому государству-члену выразить свое мнение по сделке.

      26. С целью обеспечения возможности принятия во внимание мнения другого государства-члена уведомления по вопросам, указанным в подпунктах 1, 2 и 4 пункта 24 настоящего Протокола, направляются этому государству-члену на стадии рассмотрения дела при обнаружении обстоятельств, о которых необходимо уведомлять другое государство-член, с соблюдением разумных сроков, дающих возможность уведомляемому государству-члену высказать свое мнение, но в любом случае до принятия решения по делу или заключения мирового соглашения.

      27. Уведомление направляется в письменной форме и должно содержать информацию, достаточную для того, чтобы дать возможность уведомляемому государству-члену провести предварительный анализ последствий правоприменительной деятельности уведомляющего государства-члена, затрагивающей интересы уведомляемого государства-члена.

      28. Уполномоченные органы государств-членов вправе направлять запросы о предоставлении информации и документов, а также поручения о проведении отдельных процессуальных действий.

      29. Запрос о предоставлении информации и документов, поручение о проведении отдельных процессуальных действий оформляются в письменной форме на бланке уполномоченного органа государства-члена и должны содержать:

      1) номер соответствующего дела (при наличии), по которому запрашивается информация, подробное описание правонарушения и иных относящихся к нему фактов, юридическую квалификацию деяния в соответствии с законодательством запрашивающего государства-члена с приложением текста применяемого закона;

      2) имена, отчества и фамилии лиц, в отношении которых рассматриваются соответствующие дела, свидетелей, их местожительство или местопребывание, гражданство, место и дату рождения, для юридических лиц – их наименование и место нахождения (при наличии такой информации);

      3) точный адрес получателя и наименование вручаемого документа – в поручении о вручении документа;

      4) перечень сведений и действий, подлежащих представлению либо исполнению (для проведения опроса необходимо указать, какие обстоятельства должны быть выяснены и уточнены, а также указать последовательность и формулировку вопросов, которые должны быть поставлены опрашиваемому лицу).

      30. Запрос о предоставлении информации и документов, поручение о проведении отдельных процессуальных действий могут также содержать:

      1) указание срока исполнения требуемых мероприятий;

      2) ходатайство о проведении указанных в запросе мероприятий в определенном порядке;

      3) ходатайство о предоставлении возможности представителям уполномоченных органов запрашивающего государства-члена присутствовать при выполнении указанных в запросе мероприятий, а также, если это не противоречит законодательству каждого из государств-членов, участвовать в их выполнении;

      4) иные ходатайства, связанные с выполнением запроса, поручения.

      31. Запрос о предоставлении информации и документов, поручение о проведении отдельных процессуальных действий подписываются руководителем запрашивающего уполномоченного органа государства-члена или его заместителем. К указанным запросу или поручению должны быть приложены имеющиеся копии документов, ссылки на которые содержатся в тексте запроса или поручения, а также иные документы, необходимые для надлежащего исполнения запроса, поручения.

      32. Поручения о производстве экспертиз и других процессуальных действий, исполнение которых требует дополнительных расходов для исполняющего государства-члена, направляются по предварительному согласованию между уполномоченными органами государств-членов.

      33. Уполномоченные органы государств-членов могут направлять процессуальные документы по почте непосредственно участникам соответствующих дел, находящимся на территории другого государства-члена.

      34. Допускается направление повторного запроса о предоставлении информации и документов, поручения о проведении отдельных процессуальных действий при необходимости получения дополнительных сведений или уточнения информации, полученной в рамках исполнения предыдущего запроса, поручения.

      35. Запрос о предоставлении информации и документов, поручение о проведении отдельных процессуальных действий исполняются в течение 1 месяца со дня их получения либо в иной срок, заранее согласованный уполномоченными органами государств-членов.

      В случае необходимости обращения в иной государственный орган государства-члена или к хозяйствующему субъекту (субъекту рынка) запрашиваемого государства-члена указанные сроки увеличиваются на время исполнения такого обращения.

      36. Запрашиваемый уполномоченный орган государства-члена проводит указанные в запросе, поручении действия и отвечает на поставленные вопросы. Запрашиваемый уполномоченный орган государства-члена вправе по своей инициативе провести не предусмотренные указанными запросом, поручением действия, связанные с их исполнением.

      37. В случае невозможности исполнения запроса, поручения либо невозможности их исполнения в сроки, указанные в пункте 35 настоящего Протокола, запрашиваемый уполномоченный орган государства-члена информирует запрашивающий уполномоченный орган государства-члена о невозможности исполнения либо о предполагаемых сроках исполнения указанных запроса, поручения.

      38. Уполномоченные органы государств-членов изучают практику исполнения запросов о предоставлении информации и документов и поручений о проведении отдельных процессуальных действий и информируют друг друга о фактах их ненадлежащего исполнения.

      39. Документы, изготовленные или засвидетельствованные учреждением или специально на то уполномоченным должностным лицом в пределах их компетенции и скрепленные гербовой печатью на территории одного из государств-членов, принимаются на территориях других государств-членов без какого-либо специального удостоверения.

      40. В оказании правовой помощи по делам об административных правонарушениях может быть отказано, если исполнение запроса или поручения может нанести ущерб суверенитету, безопасности, общественному порядку или другим интересам запрашиваемого государства-члена либо противоречит его законодательству.

      41. Каждое государство-член самостоятельно несет расходы, возникающие в связи с исполнением запросов и поручений.

      В отдельных случаях уполномоченные органы государств-членов могут согласовать иной порядок осуществления расходов.

      42. Уполномоченные органы государств-членов при исполнении поручений о проведении отдельных процессуальных и иных действий производят:

      1) опрос лиц, в отношении которых ведется соответствующее дело, а также свидетелей;

      2) истребование документов, необходимых для производства по делу;

      3) осмотр территорий, помещений, документов и предметов лица, в отношении которого направлено поручение (за исключением жилища такого лица);

      4) получение необходимой для производства по делу или его рассмотрения информации от государственных органов и лиц;

      5) вручение документов или их копий участникам соответствующего дела;

      6) экспертизу и иные действия.

      43. Процессуальные и иные действия по соответствующим делам производятся в соответствии с законодательством запрашиваемого государства-члена.

      44. В случае если в соответствии с законодательством запрашиваемого государства-члена для производства отдельных процессуальных действий требуется вынесение специальных постановлений уполномоченных должностных лиц, то их вынесение производится по месту исполнения поручения.

      45. По согласованию уполномоченных органов государств-членов отдельные процессуальные действия на территории запрашиваемого государства-члена могут производиться в присутствии или с участием представителей уполномоченного органа запрашивающего государства-члена в соответствии с законодательством запрашиваемого государства-члена.

      46. Уполномоченные органы государств-членов с учетом требований своего законодательства обмениваются информацией:

      1) о состоянии товарных рынков, подходах и практических результатах демонополизации в рамках структурной перестройки экономики, методах и опыте работы по предупреждению, ограничению и пресечению монополистической деятельности и развитию конкуренции;

      2) о сведениях, содержащихся в национальных реестрах предприятий, занимающих доминирующее положение и осуществляющих поставку продукции на товарные рынки государств-членов;

      3) о практике рассмотрения дел о нарушениях конкурентного (антимонопольного) законодательства государств-членов.

      47. Уполномоченные органы государств-членов сотрудничают при разработке национальных законов и нормативных документов по конкурентной (антимонопольной) политике путем предоставления информации и оказания методической помощи.

      48. Уполномоченный орган государства-члена предоставляет в распоряжение уполномоченному органу другого государства-члена любую информацию об антиконкурентных действиях, которой он располагает, если такая информация, по мнению уполномоченного органа направляющего государства-члена, имеет отношение к правоприменительной деятельности уполномоченного органа другого государства-члена или может служить основанием для такой деятельности.

      49. Уполномоченный орган государства-члена вправе направить уполномоченному органу другого государства-члена запрос о предоставлении соответствующей информации с изложением обстоятельств дела, для рассмотрения которого требуется запрашиваемая информация.

      Уполномоченный орган государства-члена, получивший запрос, предоставляет запрашивающему уполномоченному органу другого государства-члена информацию, находящуюся в его распоряжении, если такая информация рассматривается им как имеющая отношение к правоприменительной деятельности запрашивающего уполномоченного органа государства-члена или служащая основанием для такой деятельности.

      Запрашиваемая информация направляется в сроки, согласованные уполномоченными органами государств-членов, но не позднее 60 календарных дней со дня получения запроса.

      Полученная информация используется только для целей соответствующего запроса или консультации и не подлежит разглашению или передаче третьим лицам без согласия уполномоченного органа государства-члена, передавшего указанную информацию.

      50. В случае если государство-член полагает, что антиконкурентные действия, осуществляемые на территории другого государства-члена, негативным образом затрагивают его интересы, то онo может уведомить об этом государство-член, на территории которого осуществляются антиконкурентные действия, а также обратиться к этому государству-члену с просьбой инициировать надлежащие правоприменительные действия, связанные с пресечением соответствующих антиконкурентных действий. Указанное взаимодействие осуществляется через уполномоченные органы государств-членов.

      Уведомление должно содержать информацию о характере антиконкурентных действий и возможных последствиях для интересов уведомляющего государства-члена, а также предложение о предоставлении дополнительной информации и об ином сотрудничестве, которое уведомляющее государство-член полномочно предложить.

      51. При получении уведомления в соответствии с пунктом 50 настоящего Протокола и после проведения переговоров между уполномоченными органами государств-членов (если их проведение необходимо) уведомляемое государство-член решает вопрос о необходимости начала правоприменительных действий или о расширении ранее начатых правоприменительных действий в отношении указанных в уведомлении антиконкурентных действий. Уведомляемое государство-член извещает уведомляющее государство-член о принятом решении. При осуществлении правоприменительных действий в отношении указанных в уведомлении антиконкурентных действий уведомляемое государство-член информирует уведомляющее государство-член о результатах соответствующих правоприменительных действий.

      При решении вопроса об инициировании правоприменительных действий уведомляемое государство-член руководствуется своим законодательством.

      Положения пунктов 50 и 51 настоящего Протокола не ограничивают право уведомляющего государства-члена осуществлять правоприменительные действия, предусмотренные законодательством этого государства-члена.

      52. В случае взаимной заинтересованности в осуществлении правоприменительных действий в отношении взаимосвязанных сделок (совершаемых действий) уполномоченные органы государств-членов могут договориться о взаимодействии при осуществлении правоприменительных действий. При решении вопроса о взаимодействии при осуществлении правоприменительных действий уполномоченные органы государств-членов принимают во внимание следующие факторы:

      1) возможность более эффективного использования направленных на правоприменительную деятельность материальных и информационных ресурсов и (или) снижения издержек, которые государства-члены несут в ходе осуществления правоприменительной деятельности;

      2) возможности государств-членов в отношении получения информации, которая является необходимой для осуществления правоприменительной деятельности;

      3) предполагаемый результат подобного взаимодействия – увеличение возможностей взаимодействующих государств-членов по достижению целей их правоприменительной деятельности.

      53. Государство-член при надлежащем уведомлении другого государства-члена может ограничить или прекратить взаимодействие в рамках настоящего Протокола и осуществлять правоприменительные действия независимо от другого государства-члена в соответствии со своим законодательством.

      54. Государства-члены проводят согласованную конкурентную политику в отношении действий хозяйствующих субъектов (субъектов рынка) третьих стран, если такие действия могут оказать негативное влияние на состояние конкуренции на товарных рынках государств-членов, путем применения норм законодательства государств-членов к таким хозяйствующим субъектам (субъектам рынка) одинаковым образом и в равной мере независимо от организационно-правовой формы и места их регистрации в равных условиях, а также при взаимодействии в порядке, установленном настоящим разделом.

      55. Информация и документы, предоставленные в рамках взаимодействия по вопросам, указанным в пунктах 22 – 53 настоящего Протокола, носят конфиденциальный характер и могут быть использованы исключительно в целях, предусмотренных настоящим Протоколом. Использование и передача третьим лицам информации для других целей возможны только по письменному согласию уполномоченного органа государства-члена, который их предоставил.

      56. Государство-член обеспечивает защиту информации, документов и других сведений, в том числе персональных данных, предоставляемых уполномоченным органом другого государства-члена.

VI. Взаимодействие Комиссии и уполномоченных органов
государств-членов при осуществлении контроля за
соблюдением общих правил конкуренции

      57. Взаимодействие Комиссии и уполномоченных органов государств-членов осуществляется при передаче уполномоченными органами государств-членов заявлений о нарушении общих правил конкуренции на рассмотрение Комиссии, при рассмотрении заявлений, при проведении расследований, при рассмотрении дел, а также в иных случаях.

      При наличии взаимной заинтересованности уполномоченных органов государств-членов в обсуждении наиболее актуальных вопросов правоприменительной практики, обмена информацией и проблем гармонизации законодательства государств-членов Комиссия совместно с уполномоченными органами государств-членов проводит совещания на уровне руководителей уполномоченных органов государств-членов и члена Коллегии Комиссии, курирующего вопросы конкуренции и антимонопольного регулирования.

      Комиссия осуществляет взаимодействие с центральными аппаратами уполномоченных органов государств-членов.

      Сноска. Пункт 57 с изменениями, внесенными Законом РК от 15.02.2021 № 6-VII.

      58. Решение о передаче заявления о нарушении общих правил конкуренции на рассмотрение Комиссии принимается уполномоченным органом государства-члена на любой стадии его рассмотрения, осуществляемого с учетом особенностей, установленных законодательством государства-члена, передающего заявление.

      При принятии такого решения уполномоченный орган государства-члена направляет соответствующее письменное обращение в Комиссию.

      В обращении указываются:

      наименование органа, направляющего заявление;

      правовые основания направления заявления;

      наименование хозяйствующего субъекта (субъекта рынка), в действиях (бездействии) которого усматриваются признаки нарушения общих правил конкуренции;

      описание действий (бездействия), в которых усматриваются признаки нарушения общих правил конкуренции, включая указание территории трансграничного рынка, на котором усматриваются такие признаки;

      положения статьи 76 Договора, которые, по мнению уполномоченного органа государства-члена, нарушены.

      К обращению прилагаются документы, в ходе рассмотрения которых были усмотрены признаки нарушения общих правил конкуренции и которые необходимы, по мнению уполномоченного органа государства-члена, для рассмотрения обращения Комиссией.

      Направление уполномоченным органом государства-члена в Комиссию обращения является основанием для приостановления рассмотрения заявления уполномоченным органом государства-члена до принятия Комиссией решения о проведении расследования, либо о передаче заявления (материалов) по подведомственности в уполномоченные органы государств-членов, либо о возвращении заявления.

      Уполномоченный орган государства-члена уведомляет заявителя о передаче его заявления в Комиссию в течение 5 рабочих дней с даты его направления в Комиссию.

      В срок, не превышающий 5 рабочих дней с даты получения заявления о нарушении общих правил конкуренции на трансграничных рынках, Комиссия уведомляет уполномоченные органы государств-членов и заявителя о принятии указанного заявления к рассмотрению.

      Сноска. Пункт 58 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 30.01.2024 № 56-VIII.

      59. Принятие Комиссией решения о проведении расследования либо о передаче заявления (материалов) о нарушении общих правил конкуренции на трансграничных рынках по подведомственности в уполномоченные органы государств-членов является основанием прекращения рассмотрения заявления уполномоченным органом государства-члена.

      Сноска. Пункт 59 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      60. Решение о передаче Комиссией заявления (материалов) на рассмотрение уполномоченному органу государства-члена принимается в случае, если Комиссия в ходе рассмотрения заявления, проведения расследования или рассмотрения дела установит, что пресечение нарушения, указанного в заявлении (материалах), относится к компетенции уполномоченного органа государства-члена.

      В случае принятия такого решения уполномоченное структурное подразделение Комиссии подготавливает соответствующее обращение в уполномоченный орган государства-члена, которое подписывается членом Коллегии Комиссии, курирующим вопросы конкуренции и антимонопольного регулирования.

      В обращении указываются:

      наименование хозяйствующего субъекта (субъекта рынка), в действиях (бездействии) которого усматриваются признаки нарушения конкурентного (антимонопольного) законодательства государства-члена;

      описание действий (бездействия), в которых усматриваются признаки нарушения конкурентного (антимонопольного) законодательства государства-члена, включая указание территории рынка, на котором усматриваются такие признаки.

      К обращению прилагаются документы, в ходе рассмотрения которых усмотрены признаки нарушения конкурентного (антимонопольного) законодательства государства-члена и которые необходимы, по мнению Комиссии, для рассмотрения обращения уполномоченным органом государства-члена.

      Комиссия в течение 5 рабочих дней с даты направления заявления уведомляет заявителя о передаче заявления в уполномоченный орган государства-члена.

      Сноска. Пункт 60 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      61. При проведении расследования и рассмотрении дел Комиссия, в случае если полученная по запросу информация недостаточна для принятия решения, вправе направить в уполномоченные органы государств-членов мотивированное представление о проведении следующих процессуальных действий:

      опрос лиц, в отношении которых проводится расследование или ведется соответствующее дело, а также свидетелей;

      истребование документов, необходимых для проведения расследования или производства по делу;

      осмотр территорий, помещений, документов и предметов лица, в отношении которого проводится расследование или рассматривается дело о нарушении общих правил конкуренции (за исключением жилища такого лица);

      вручение документов или их копий участникам соответствующего дела;

      экспертиза и иные действия.

      Процессуальные действия, которые проводятся на территории государства-члена, где зарегистрирован нарушитель, в отношении которого Комиссией проводится расследование или рассматривается дело о нарушении общих правил конкуренции, осуществляются в присутствии и (или) с участием сотрудников уполномоченного структурного подразделения Комиссии, а также представителя уполномоченного органа государства-члена, на территории которого совершено нарушение и (или) наступили негативные последствия для конкуренции.

      При проведении процессуальных действий на территории государства-члена, в котором совершено нарушение и (или) наступили негативные последствия для конкуренции, присутствуют сотрудники уполномоченного структурного подразделения Комиссии и представитель уполномоченного органа государства-члена, на территории которого зарегистрирован нарушитель.

      В случае невозможности сотрудников уполномоченного структурного подразделения Комиссии и (или) представителя заинтересованного уполномоченного органа государства-члена присутствовать при проведении процессуальных действий исполняющий мотивированное представление Комиссии уполномоченный орган государства-члена вправе провести такие процессуальные действия самостоятельно при условии письменного уведомления о невозможности присутствия при проведении таких действий не позднее чем за 5 рабочих дней до начала их проведения.

      Сноска. Пункт 61 с изменениями, внесенными Законом РК от 15.02.2021 № 6-VII.

      62. Мотивированное представление о проведении отдельных процессуальных действий оформляется в письменной форме и содержит:

      1) номер соответствующего дела (при наличии), по которому запрашивается информация, подробное описание правонарушения и иных относящихся к нему фактов, юридическую квалификацию деяния в соответствии со статьей 76 Договора;

      2) имена, отчества и фамилии лиц, в отношении которых Комиссией рассматривается соответствующее дело или проводится расследование, свидетелей, их местожительство или местопребывание, гражданство, место и дату рождения, для юридических лиц – их наименование и место нахождения (при наличии такой информации);

      3) точный адрес получателя и наименование вручаемого документа (при необходимости вручения документа);

      4) перечень сведений и действий, подлежащих представлению либо исполнению (для проведения опроса необходимо указать, какие обстоятельства должны быть выяснены и уточнены, а также указать последовательность и формулировку вопросов, которые должны быть поставлены опрашиваемому лицу).

      63. Мотивированное представление о проведении отдельных процессуальных действий может также содержать:

      1) указание срока исполнения требуемых мероприятий;

      2) ходатайство о проведении указанных в представлении мероприятий в определенном порядке;

      3) имена, отчества и фамилии сотрудников уполномоченного структурного подразделения Комиссии, которые будут присутствовать при выполнении указанных в представлении мероприятий, а также, если это не противоречит законодательству запрашиваемого государства-члена, участвовать в их выполнении;

      4) иные ходатайства, связанные с исполнением представления.

      64. Мотивированное представление о проведении отдельных процессуальных действий подписывается членом Коллегии Комиссии, курирующим вопросы конкуренции и антимонопольного регулирования. К указанному мотивированному представлению должны быть приложены копии документов, ссылки на которые содержатся в тексте представления, а также иные документы, необходимые для его надлежащего исполнения.

      65. Исполняющий мотивированное представление Комиссии уполномоченный орган государства-члена проводит процессуальные действия, перечисленные в мотивированном представлении Комиссии, в соответствии с законодательством своего государства-члена и только в отношении лиц, местом нахождения которых является территория исполняющего государства-члена.

      66. Мотивированное представление о проведении экспертизы и других процессуальных действий, исполнение которых требует дополнительных расходов для исполняющего государства-члена, исполняется после согласования Комиссией и уполномоченным органом государства-члена, в адрес которого направляется представление, вопроса о возмещении расходов.

      67. Мотивированное представление о проведении отдельных процессуальных действий исполняется в течение 1 месяца со дня его получения либо в иной срок, заранее согласованный Комиссией и уполномоченным органом государства-члена, в адрес которого оно направляется.

      В случае необходимости обращения в иной государственный орган государства-члена или к хозяйствующему субъекту (субъекту рынка) исполняющего государства-члена указанные сроки увеличиваются на время исполнения такого обращения.

      68. Уполномоченный орган исполняющего государства-члена проводит указанные в мотивированном представлении действия и отвечает на поставленные вопросы, а также вправе по своей инициативе провести не предусмотренные указанным представлением действия, связанные с его исполнением.

      69. В случае невозможности исполнения мотивированного представления либо невозможности его исполнения в сроки, указанные в пункте 67 настоящего Протокола, уполномоченный орган государства-члена информирует Комиссию о невозможности исполнения указанного представления либо о предполагаемых сроках его исполнения.

      70. В исполнении мотивированного представления о проведении отдельных процессуальных действий может быть отказано полностью или частично только в случаях, если его исполнение может нанести ущерб суверенитету, безопасности, общественному порядку исполняющего государства-члена либо противоречит его законодательству, о чем Комиссия письменно уведомляется государством-членом. Коллегия Комиссии вправе вынести вопрос о правомерности отказа уполномоченного органа государства-члена от исполнения мотивированного представления на рассмотрение Совета Комиссии.

      71. Документы, изготовленные или засвидетельствованные учреждением или специально на то уполномоченным должностным лицом в пределах их компетенции и скрепленные гербовой печатью на территории государства-члена, уполномоченному органу которого направлено мотивированное представление, принимаются Комиссией без какого-либо специального удостоверения.

      72. Допускается направление повторного мотивированного представления о проведении отдельных процессуальных действий при необходимости получения дополнительных сведений или уточнения информации, полученной в рамках исполнения предыдущего представления.

      73. Если мотивированное представление о проведении отдельных процессуальных действий направляется в рамках одного дела о нарушении общих правил конкуренции на трансграничных рынках двум и более уполномоченным органам государств-членов, то сотрудники уполномоченного структурного подразделения Комиссии осуществляют координацию взаимодействия уполномоченных органов государств-членов с Комиссией.

      74. При проведении расследования и рассмотрении дел Комиссия вправе направлять в уполномоченные органы государств-членов запросы о предоставлении информации и документов.

      Сноска. Пункт 74 с изменениями, внесенными Законом РК от 15.02.2021 № 6-VII.

      75. Запрос о предоставлении информации и документов оформляется в письменной форме и содержит:

      цель запроса;

      номер соответствующего дела (при наличии), по которому запрашивается информация, подробное описание правонарушения и иных относящихся к нему фактов, юридическую квалификацию деяния в соответствии со статьей 76 Договора и настоящим Протоколом;

      сведения о лице, в отношении которого рассматривается соответствующее дело (при наличии такой информации):

      для физических лиц – фамилия, имя, отчество, местожительство или местопребывание, гражданство, место и дата рождения;

      для юридических лиц – наименование и местонахождение;

      срок, в течение которого информация должна быть предоставлена, но не менее 10 рабочих дней с даты получения запроса;

      перечень сведений, подлежащих представлению.

      К запросу должны быть приложены копии документов, ссылки на которые содержатся в тексте запроса, а также иные документы, необходимые для надлежащего исполнения запроса.

      76. Уполномоченный орган государства-члена в установленный в запросе срок предоставляет имеющуюся в его распоряжении информацию.

      77. В случае невозможности исполнения запроса (если его исполнение может нанести ущерб суверенитету, безопасности, общественному порядку государства-члена либо противоречит его законодательству) запрашиваемый уполномоченный орган государства-члена информирует об этом Комиссию в срок, не превышающий 10 рабочих дней с даты получения запроса, с указанием причины невозможности предоставления информации, а в случае если информация не могла быть предоставлена в установленный Комиссией срок, указывает срок, в течение которого она будет предоставлена.

      78. В случае направления Комиссией при проведении расследований и рассмотрении дел запроса о предоставлении информации и документов органам власти государств-членов, юридическим и (или) физическим лицам государства-члена Комиссия одновременно направляет копию такого запроса в уполномоченный орган государства-члена, на территории которого осуществляет свои полномочия запрашиваемый орган власти, зарегистрировано запрашиваемое юридическое лицо, временно или постоянно проживает запрашиваемое физическое лицо.

      Сноска. Пункт 78 с изменениями, внесенными Законом РК от 15.02.2021 № 6-VII.

      79. При необходимости получения дополнительных сведений или уточнения информации, полученной в рамках исполнения предыдущего запроса, в уполномоченный орган государства-члена может быть направлен повторный запрос о предоставлении информации и документов.

      80. Работа с документами, предоставляемыми Комиссии уполномоченными органами государств-членов и содержащими конфиденциальную информацию, осуществляется в соответствии с международным договором в рамках Союза.

VII. Введение государственного ценового регулирования на товары и услуги на территориях государств-членов

      81. Введение государствами-членами государственного ценового регулирования на товарных рынках, не находящихся в состоянии естественной монополии, осуществляется в исключительных случаях, к которым относятся в том числе чрезвычайные ситуации, стихийные бедствия, соображения национальной безопасности, при условии, что возникшие проблемы невозможно решить способом, имеющим меньшие негативные последствия для состояния конкуренции.

      82. В качестве временной меры государства-члены могут вводить государственное ценовое регулирование на отдельные виды социально значимых товаров на отдельных территориях на определенный срок в порядке, предусмотренном законодательством государств-членов.

      Сноска. Пункт 82 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      821. Максимальный срок применения предусмотренного настоящим разделом государственного ценового регулирования по одному виду социально значимого товара на отдельной территории не может превышать 240 календарных дней в течение 12 месяцев (указанный срок включает периоды введения и продления срока государственного ценового регулирования).

      Период государственного ценового регулирования в указанный срок может быть как прерывным, так и непрерывным.

      Сноска. Приложение 19 дополнено пунктом 821 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

      822) Государство-член вправе ввести государственное ценовое регулирование, предусмотренное настоящим разделом, на срок не более 90 календарных дней.

      Сноска. Приложение 19 дополнено пунктом 822 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

      823) Государство-член вправе продлить срок, установленный пунктом 822 настоящего Протокола, не более чем на 90 календарных дней.

      Сноска. Приложение 19 дополнено пунктом 823 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

      824) Последующее продление срока государственного ценового регулирования возможно на срок не более 60 календарных дней только по решению Комиссии, предусмотренному пунктом 871 настоящего Протокола.

      Сноска. Приложение 19 дополнено пунктом 824 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

      83. О введении государственного ценового регулирования, предусмотренного пунктами 81 - 823 настоящего Протокола, государство-член уведомляет Комиссию и другие государства-члены в срок, не превышающий 7 календарных дней со дня принятия соответствующего решения.

      Государство-член вправе направить в Комиссию обращение о продлении в соответствии с пунктом 824 настоящего Протокола срока введенного им ранее государственного ценового регулирования не позднее чем за 35 календарных дней до предполагаемой даты продления.

      Сноска. Пункт 83 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      84. Положения пунктов 81 – 83 настоящего Протокола не применяются к государственному ценовому регулированию всех услуг, включая услуги субъектов естественных монополий, а также к сфере государственных закупочных и товарных интервенций.

      85. Положения пунктов 81 – 83 настоящего Протокола помимо услуг, перечисленных в пункте 84 настоящего Протокола, не применяются к случаям государственного ценового регулирования на следующие товары:

      1) природный газ;

      2) сжиженный газ для бытовых нужд;

      3) электрическая и тепловая энергия;

      4) водка, ликероводочная и другая алкогольная продукция крепостью свыше 28 процентов (минимальная цена);

      5) этиловый спирт из пищевого сырья (минимальная цена);

      6) топливо твердое, топливо печное;

      7) продукция ядерно-энергетического цикла;

      8) керосин для бытовых нужд;

      9) нефтепродукты;

      10) лекарственные препараты;

      11) табачные изделия.

      86. В случае поступления в Комиссию обращения одного из государств-членов о несогласии с решением другого государства-члена о введении или продлении им государственного ценового регулирования, предусмотренного пунктами 81 - 823 настоящего Протокола, Комиссия вправе принять решение о необходимости отмены государственного ценового регулирования в случае наличия оснований, предусмотренных пунктом 87 настоящего Протокола.

      Указанное обращение может быть направлено в Комиссию не позднее чем за 45 календарных дней до истечения 90-дневного срока действия государственного ценового регулирования.

      Сноска. Пункт 86 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      87. Решение о необходимости отмены государственного ценового регулирования принимается Комиссией, если данное регулирование приводит или может привести к ограничению конкуренции, в том числе:

      созданию барьеров входа на рынок;

      сокращению на таком рынке числа хозяйствующих субъектов (субъектов рынка), не входящих в одну группу лиц.

      При этом государство-член, которое оспаривает решение о введении государственного ценового регулирования другим государством-членом, должно доказать, что цели введения государственного ценового регулирования возможно достичь иным способом, имеющим меньшие негативные последствия для состояния конкуренции.

      Комиссия принимает решение о наличии или об отсутствии необходимости отмены государственного ценового регулирования в срок, не превышающий 2 месяцев со дня поступления в Комиссию обращения, предусмотренного пунктом 86 настоящего Протокола.

      871. По итогам рассмотрения обращения о продлении срока государственного ценового регулирования Комиссия принимает одно из следующих решений:

      о согласовании продления срока государственного ценового регулирования;

      об отказе в согласовании продления срока государственного ценового регулирования.

      Комиссия принимает решение о согласовании продления срока государственного ценового регулирования или об отказе в согласовании его продления в срок, не превышающий 2 месяцев со дня поступления в Комиссию обращения, предусмотренного пунктом 83 настоящего Протокола.

      Комиссия не согласовывает продление срока ценового регулирования, если данное регулирование приводит или может привести к ограничению конкуренции, в том числе:

      созданию барьеров входа на рынок;

      сокращению на таком рынке числа хозяйствующих субъектов (субъектов рынка), не входящих в одну группу лиц.

      Сноска. Приложение 19 дополнено пунктом 871 в соответствии с Законом РК от 30.01.2024 № 56-VIII.

      88. Комиссия рассматривает в установленном ею порядке обращение государства-члена о несогласии с решением другого государства-члена о введении и (или) продлении им государственного ценового регулирования, а также обращение государства-члена о продлении срока введенного им ранее государственного ценового регулирования.

      Сноска. Пункт 88 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      89. Решение Комиссии о необходимости отмены государственного ценового регулирования, принятое на основании пункта 87 настоящего Протокола, и решение Комиссии об отказе в согласовании продления срока государственного ценового регулирования, принятое на основании пункта 871 настоящего Протокола, не позднее дня, следующего за днем принятия таких решений, направляются в орган государства-члена, принявший решение о введении государственного ценового регулирования или продлении срока государственного ценового регулирования, и исполняются в соответствии с законодательством государства-члена, принявшего решение о введении государственного ценового регулирования или продлении срока государственного ценового регулирования.

      Сноска. Пункт 89 – в редакции Закона РК от 30.01.2024 № 56-VIII.

  ПРИЛОЖЕНИЕ № 20
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о единых принципах и правилах регулирования деятельности субъектов естественных монополий

I. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьей 78 Договора о Евразийском экономическом союзе (далее - Договор) и направлен на создание правовых основ для применения единых принципов и общих правил регулирования деятельности субъектов естественных монополий государств-членов в сферах, указанных в приложении № 1 к настоящему Протоколу.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "внутренний рынок" - рынок государства-члена, на котором обращаются услуги субъектов естественных монополий;

      "доступ к услугам субъектов естественных монополий" - оказание субъектами естественных монополий одного государства-члена услуг, относящихся к сфере естественных монополий, потребителям другого государства-члена на условиях не менее благоприятных, чем те, на которых предоставляется аналогичная услуга потребителям первого государства-члена при наличии технической возможности;

      "естественная монополия" - состояние рынка услуг, при котором создание конкурентных условий для удовлетворения спроса на определенный вид услуг невозможно или экономически нецелесообразно в силу технологических особенностей производства и предоставления данного вида услуг;

      "законодательство государств-членов" — национальное законодательство каждого из государств-членов, касающееся сфер естественных монополий;

      "национальные органы государств-членов" - органы государства-члена, осуществляющие регулирование и (или) контроль за деятельностью субъектов естественных монополий;

      "оказание услуг" - предоставление услуг, производство (реализация) товаров, являющихся объектом гражданского оборота;

      "потребитель" - субъект гражданского права (физическое или юридическое лицо), пользующийся или намеревающийся пользоваться оказываемыми субъектами естественных монополий услугами;

      "субъект естественной монополии" — хозяйствующий субъект, оказывающий услуги в сферах естественных монополий, установленных законодательством государств-членов;

      "сфера естественных монополий" - сфера обращения услуги, законодательно отнесенная к естественной монополии, в которой потребитель может приобрести услуги субъектов естественных монополий.

II. Общие принципы регулирования деятельности субъектов
естественных монополий

      3. Принципами, которыми руководствуются государства-члены при регулировании и (или) контроле за деятельностью субъектов естественных монополий в сферах естественных монополий, указанных в приложениях № 1 и 2 к настоящему Протоколу, являются:

      1) соблюдение баланса интересов потребителей и субъектов естественных монополий государств-членов, обеспечивающего доступность оказываемых услуг и надлежащий уровень их качества для потребителей, эффективное функционирование и развитие субъектов естественных монополий;

      2) повышение эффективности регулирования, направленного на сокращение в последующем сфер естественных монополий за счет создания условий для развития конкуренции в этих сферах;

      3) применение гибкого тарифного (ценового) регулирования субъектов естественных монополий с учетом отраслевых особенностей, масштабов их деятельности, рыночной конъюнктуры, среднесрочных (долгосрочных) макроэкономических и отраслевых прогнозов, а также мер тарифного (ценового) регулирования этих субъектов, в том числе применение возможности установления дифференцированного тарифа, который не может быть установлен по принципу принадлежности потребителя (групп потребителей) к любому из государств-членов;

      4) введение регулирования в случаях, когда на основании анализа соответствующего внутреннего рынка установлено, что этот рынок находится в состоянии естественной монополии;

      5) снижение барьеров доступа на внутренние рынки, в том числе путем обеспечения доступа к услугам субъектов естественных монополий;

      6) применение процедур регулирования деятельности субъектов естественных монополий, обеспечивающих независимость принимаемых решений, преемственность, открытость, объективность и прозрачность;

      7) обязательность заключения субъектами естественных монополий договоров с потребителями на оказание услуг, в отношении которых применяется регулирование, при наличии технической возможности, определенной в соответствии с законодательством государств-членов, если иное не предусмотрено положениями разделов XX и XXI Договора;

      8) обеспечение соблюдения субъектами естественных монополий правил доступа к услугам субъектов естественных монополий;

      9) направленность регулирования на конкретный субъект естественной монополии;

      10) обеспечение соответствия устанавливаемых тарифов (цен) качеству услуг в сферах естественных монополий, на которые распространяется регулирование;

      11) защита интересов потребителей, в том числе от различных нарушений субъектами естественных монополий, связанных с применением тарифов (цен) на регулируемые услуги;

      12) создание экономических условий, при которых субъектам естественных монополий выгодно сокращать издержки, внедрять новые технологии, повышать эффективность использования инвестиций.

III. Виды и методы регулирования деятельности субъектов
естественных монополий

      4. Государства-члены применяют виды (формы, способы, методы, инструменты) регулирования деятельности субъектов естественных монополий государств-членов на основе общих принципов и правил регулирования естественных монополий, установленных настоящим Протоколом.

      5. При осуществлении регулирования деятельности субъектов

      естественных монополий применяются следующие виды (формы,

      методы, способы, инструменты) регулирования:

      1) тарифное (ценовое) регулирование;

      2) виды регулирования, установленные настоящим Протоколом;

      3) иные виды регулирования, установленные законодательством государств-членов.

      6. Тарифное (ценовое) регулирование услуг субъектов

      естественных монополий, включая установление стоимости

      подключения (присоединения) к услугам субъектов естественных

      монополий, может осуществляться путем:

      1) установления (утверждения) национальным органом для субъектов естественных монополий тарифов (цен) на регулируемые услуги, в том числе их предельных уровней на основе утвержденной национальным органом методологии (формулы) и правил ее применения, а также соответствующего контроля национальным органом за применением установленных тарифов (цен) субъектами естественных монополий;

      2) установления (утверждения) национальным органом методологии и правил ее применения, в соответствии с которыми субъект естественной монополии устанавливает и применяет тарифы (цены), а также контроля национальным органом за установлением и применением тарифов (цен) субъектами естественных монополий.

      7. При осуществлении тарифного (ценового) регулирования

      национальные органы государств-членов вправе применять, в том числе

      следующие методы тарифного (ценового) регулирования или их

      сочетания в соответствии с законодательством государств-членов:

      1) метод экономически обоснованных затрат;

      2) метод индексации;

      3) метод доходности инвестиционного капитала;

      4) метод сравнительного анализа эффективности деятельности субъектов естественных монополий.

      8. При регулировании тарифов (цен) учитываются:

      1) возмещение субъектам естественных монополий экономически обоснованных затрат, связанных с осуществлением регулируемой деятельности;

      2) получение экономически обоснованной прибыли;

      3) стимулирование субъектов естественных монополий к снижению расходов;

      4) формирование тарифов (цен) на услуги субъектов естественных монополий с учетом надежности и качества оказываемых услуг.

      9. При установлении тарифов (цен) могут учитываться:

      1) особенности функционирования естественных монополий на территориях государств-членов, в том числе особенности технических требований и регламентов;

      2) государственные дотации и другие меры государственной поддержки;

      3) конъюнктура рынка, в том числе уровень цен на нерегулируемых сегментах рынка;

      4) планы развития территорий;

      5) государственная налоговая, бюджетная, инновационная, экологическая и социальная политика;

      6) мероприятия по энергоэффективности и экологические аспекты.

      10. При регулировании тарифов (цен) на услуги субъекта естественной монополии предусматривается, что при формировании затрат субъекта естественной монополии осуществляется раздельный учет расходов, в том числе инвестиций, а также доходов, задействованных активов, по видам регулируемых услуг субъектов естественных монополий.

      11. Регулирование тарифов (цен) на услуги субъекта естественной монополии может осуществляться на основе долгосрочных параметров регулирования, к которым в том числе могут относиться уровень надежности и качества регулируемых услуг, динамика изменения расходов, связанных с поставками соответствующих услуг, норма доходности, сроки возврата инвестированного капитала и иные параметры.

      Для целей регулирования тарифов (цен) на услуги субъекта естественной монополии могут применяться и долгосрочные параметры регулирования, полученные с использованием метода сравнительного анализа эффективности деятельности субъектов естественных монополий.

      12. Особенности применения пунктов 4 - 11 настоящего Протокола в конкретных сферах естественных монополий могут определяться в разделах XX и XXI Договора.

IV. Правила обеспечения доступа к услугам субъектов
естественных монополий

      13. Государства-члены устанавливают в своем законодательстве

      правила регулирования, обеспечивающие доступ к услугам субъектов

      естественных монополий, как он определен в пункте 2 настоящего

      Протокола.

      Национальные органы государств-членов обеспечивают контроль за соблюдением правил обеспечения доступа потребителей к услугам субъектов естественных монополий и условий подключения (присоединения, использования) к ним.

      14. Правила обеспечения доступа потребителей к услугам

      субъектов естественных монополий включают в себя:

      1) существенные условия договоров, а также порядок их заключения и исполнения;

      2) порядок определения наличия технических возможностей;

      3) порядок предоставления информации об оказываемых субъектами естественных монополий услугах, их стоимости, доступа к ним, возможных объемах реализации, технических и технологических возможностях оказания таких услуг;

      4) условия получения открытой информации, позволяющей обеспечить возможность сопоставления заинтересованными лицами условий обращения услуг субъектов естественных монополий и (или) доступа к ним;

      5) перечень информации, которая не может составлять

      коммерческую тайну;

      6) порядок рассмотрения жалоб, заявлений и урегулирования споров по вопросам доступа к услугам субъектов естественных монополий.

      15. Допускается применение субъектами естественных монополий государств-членов дифференцированных условий доступа к их услугам потребителей государств-членов (с учетом специфики каждой отдельной сферы естественной монополии, определяемой в разделах XX и XXI Договора), если такие условия не применяются по принципу принадлежности потребителей к любому из государств-членов, при условии соблюдения законодательства каждого государства-члена.

      16. Без ущерба положениям пункта 15 настоящего Протокола законодательство государств-членов не должно содержать норм, устанавливающих в отношении потребителей государств-членов дифференцированные условия доступа к услугам субъектов естественных монополий, исходя из принадлежности потребителей к государству любого из государств-членов.

      17. Особенности применения пунктов 13 - 16 настоящего

      Протокола в конкретных сферах естественных монополий, включая

      вопросы транзита, определяются в разделах XX и XXI Договора.

V. Национальные органы государств-членов

      18. В государствах-членах функционируют национальные органы государств-членов, наделенные полномочиями по регулированию и (или) контролю за деятельностью субъектов естественных монополий в соответствии с законодательством государств-членов.

      Национальные органы государств-членов осуществляют свою деятельность в соответствии с законодательством государств-членов, Договором, а также иными международными договорами государств-членов.

      19. К функциям национальных органов государств-членов относятся:

      1) тарифное (ценовое) регулирование услуг субъектов естественных монополий;

      2) регулирование доступа к услугам субъектов естественных монополий, в том числе установление платы (цен, тарифов, сборов) за подключение (присоединение) к услугам субъектов естественных монополий, в случаях, предусмотренных законодательством государств-членов;

      3) защита интересов потребителей услуг субъектов естественных монополий;

      4) рассмотрение жалоб, заявлений, урегулирование споров по вопросам установления и применения регулируемых тарифов (цен), а также доступа к услугам субъектов естественных монополий;

      5) рассмотрение, утверждение или согласование инвестиционных программ субъектов естественных монополий и контроль за их реализацией;

      6) обеспечение соблюдения субъектами естественных монополий ограничений, предусмотренных законодательством государств-членов по отнесению информации к коммерческой тайне;

      7) осуществление контроля за деятельностью субъектов естественных монополий, в том числе путем проведения проверок и в иных формах (мониторинг, анализ, экспертиза);

      8) иные функции, предусмотренные законодательством государств-членов.

VI. Компетенция Комиссии

      20. Комиссия осуществляет следующие полномочия:

      1) принимает решение о расширении сфер естественных монополий в государствах-членах в случае, если к сфере естественных монополий государство-член намерено отнести иную сферу естественных монополий, не указанную в приложениях № 1 и 2 к настоящему Протоколу, после соответствующего обращения этого государства-члена в Комиссию;

      2) анализирует и предлагает способы координации, разработки и реализации решений национальных органов, касающихся сфер естественных монополий;

      3) проводит сравнительный анализ системы и практики регулирования деятельности субъектов естественных монополий в государствах-членах с подготовкой соответствующих ежегодных отчетов и докладов;

      4) содействует гармонизации регулирования в сферах естественных монополий в отношении экологических аспектов, энергоэффективности;

      5) представляет на рассмотрение Высшего совета согласованные с национальными органами государств-членов результаты проводимой работы, указанной в подпунктах 3-4 настоящего пункта, а также согласованные с государствами-членами предложения по установлению нормативных правовых актов государств-членов в сфере естественных монополий, которые подлежат сближению, и по определению последовательности осуществления соответствующих мер по гармонизации законодательства в этой сфере;

      6) осуществляет контроль за исполнением раздела XIX Договора.

      7) утверждает согласованные с уполномоченными органами государств-членов пианы мероприятий ("дорожные карты") по определению последовательности осуществления мер по гармонизации законодательства государств-членов в сфере естественных монополий.

      Сноска. Пункт 20 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

  Приложение № 1
к Протоколу о единых принципах
и правилах регулирования
деятельности субъектов
естественных монополий


Сферы естественных монополий в государствах-членах

      Примечание РЦПИ!
      В соответствии со статьей 2 Протокола изменения, внесенные приложение 1 Законом РК от 02.08.2015 № 346-V вступают в силу по истечении 18 месяцев с даты вступления настоящего Протокола в силу.
      Сноска. Приложение № 1 с изменениями, внесенными законами РК от 24.12.2014 № 265-V; от 02.08.2015 № 346-V; от 30.01.2024 № 56-VIII.

№ п/п



Республика Беларусь



Республика Казахстан



Российская Федерация



Республика Армения



Кыргызская Республика














1.



Транспортировка нефти и нефтепродуктов по магистральным трубопроводам



Услуги по транспортировке нефти и (или) нефтепродуктов по магистральным трубопроводам



Транспортировка нефти и нефтепродуктов по магистральным трубопроводам








Транспортировка нефти и нефтепродуктов по магистральным трубопроводам














2.



Передача и распределение электрической энергии



Услуги по передаче и (или) распределению электрической энергии



Услуги по передаче электрической энергии



Услуги по передаче электрической энергии



Передача и распределение электрической энергии














3.








Услуги по технической диспетчеризации отпуска в сеть и потребления электрической энергии;

услуги по организации балансирования производства – потребления электрической энергии;

услуги по обеспечению готовности электрической мощности к несению нагрузки (с 1 января 2016 г.)



Услуги по оперативно- диспетчерскому управлению в электроэнергетике



Услуги оператора электроэнергетической системы



Услуги по оперативному-диспетчерскому управлению национальной энергосистемы














4.



Услуги железнодорожного транспорта общего пользования, оказываемые с использованием инфраструктуры железнодорожного транспорта общего пользования, железнодорожные перевозки 


Услуги магистральных железнодорожных сетей, за исключением услуг магистральной железнодорожной сети при перевозке грузов в контейнерах, перевозке порожних контейнеров и транзитных перевозках грузов через территорию Республики Казахстан



Железнодорожные перевозки



Услуги по обеспечению пользования инфраструктурой железных дорог



Железнодорожные перевозки














  Приложение № 2
к Протоколу о единых принципах
и правилах регулирования
деятельности субъектов
естественных монополий

Сферы естественных монополий в государствах-членах

      Примечание РЦПИ!
      В соответствии со статьей 2 Протокола изменения, внесенные приложение 2 Законом РК от 02.08.2015 № 346-V вступают в силу по истечении 18 месяцев с даты вступления настоящего Протокола в силу.
      Сноска. Приложение № 2 с изменениями, внесенными законами РК от 24.12.2014 № 265-V; от 02.08.2015 № 346-V; от 30.01.2024 № 56-VIII.

№ п/п



Республика Беларусь



Республика Казахстан



Российская Федерация



Республика Армения



Кыргызская Республика










1.



Транспортировка газа по магистральным и распределительным трубопроводам



Услуги по хранению, транспортировке товарного газа по соединительным, магистральным газопроводам и (или) газораспределительным системам, эксплуатации групповых резервуарных установок, а также транспортировке сырого газа по соединительным газопроводам



Транспортировка газа по трубопроводам



Услуги по транспортировке природного газа; услуги по распределению природного газа; услуги оператора системы газоснабжения



Транспортировка, распределение, хранение и продажа природного газа










2.



Услуги транспортных терминалов, аэропортов;

аэронавигационные услуги



Услуги аэронавигации;

услуги портов, аэропортов



Услуги в транспортных терминалах, портах и аэропортах








Аэронавигационное обеспечение полетов; наземное обслуживание внутренних воздушных перевозок










3.



Услуги электросвязи и почтовой связи общего пользования



Услуги телекоммуникаций при условии отсутствия конкурентного оператора связи по причине технологической невозможности либо экономической нецелесообразности предоставления данных видов услуг, за исключением универсальных услуг телекоммуникаций;

услуги по предоставлению в имущественный найм (аренду) или пользование кабельной канализации и иных основных средств, технологически связанных с присоединением сетей телекоммуникаций к сети телекоммуникаций общего пользования;

общедоступные услуги почтовой связи



Услуги общедоступной электросвязи и общедоступной почтовой связи








Услуги электросвязи и почтовой связи общего пользования










4.



Передача и распределение тепловой энергии



Услуги по производству, передаче, распределению и (или) снабжению тепловой энергией, за исключением тепловой энергии, выработанной с использованием тепла грунта, грунтовых вод, рек, водоемов, сбросной воды промышленных предприятий и электростанций, канализационно-очистных сооружений



Услуги по передаче тепловой энергии








Производство, передача, распределение и продажа тепловой энергии










5.



Централизованное водоснабжение и водоотведение



Услуги водоснабжения и (или) водоотведения



Водоснабжение и водоотведение с использованием централизованных системы, систем коммунальной инфраструктуры



Услуги по неконкурентному водоснабжению и водоотведению



Централизованное водоснабжение и водоотведение










6.













Услуги по использованию инфраструктуры внутренних водных путей
















7.








Услуги железнодорожных путей с объектами железнодорожного транспорта по договорам государственно-частного партнерства, в том числе договорам концессии, при отсутствии конкурентного железнодорожного пути





















8.








Услуги подъездных путей при отсутствии конкурентного подъездного пути





















9.













Ледокольная проводка судов в акватории Северного морского пути
















10.


















Услуги по распределению электрической энергии











11.


















Услуги расчетного центра











12.







Производство и продажа электрической энергии










  ПРИЛОЖЕНИЕ № 21
к Договору о Евразийском
экономическом союзе
 

Протокол об общем электроэнергетическом рынке Евразийского экономического союза

      Сноска. Заголовок приложения 21 – в редакции Закона РК от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).
      Сноска. Протокол с изменениями, внесенными Законом РК от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).

І. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьями 81 и 82 Договора о Евразийском экономическом союзе (далее - Договор) и определяет правовые основы формирования, функционирования и развития общего электроэнергетического рынка Союза.

      2. Положения настоящего Протокола и актов, предусмотренных настоящим Протоколом, не распространяются на отношения, связанные с торговлей электрической энергией государств-членов с третьими государствами, в том числе на отношения, касающиеся межгосударственной передачи электрической энергии (мощности) через территорию государства-члена на территории третьих государств, с территорий третьих государств через территорию государства-члена.

      Межгосударственная передача электрической энергии (мощности) в целях исполнения обязательств в отношении субъектов электроэнергетики третьих государств регулируется законодательством государства-члена, через территорию которого осуществляется межгосударственная передача электрической энергии (мощности).

      3. Понятия, используемые в настоящем Протоколе, означают следующее:

      "договор о присоединении" - договор, заключаемый в соответствии с правилами взаимной торговли электрической энергией на общем электроэнергетическом рынке Союза, устанавливающий взаимные обязательства между участником общего электроэнергетического рынка Союза, оператором (операторами) централизованной торговли по определенному виду централизованной торговли электрической энергией и иными инфраструктурными организациями общего электроэнергетического рынка Союза, обеспечивающими исполнение договоров купли-продажи электрической энергии по результатам централизованной торговли;

      "доступ к услугам субъектов естественных монополий в сфере электроэнергетики" - возможность субъектов общего электроэнергетического рынка Союза воспользоваться услугами субъектов естественных монополий в сфере электроэнергетики на общем электроэнергетическом рынке Союза;

      "замещение электрической энергии (мощности)" - взаимосвязанная и одновременная поставка равных объемов электрической энергии (мощности) в электроэнергетическую систему и из нее через разные точки поставки, расположенные на границе (границах) государства-члена;

      "межгосударственная линия электропередачи" - линия электропередачи, пересекающая государственные границы государств- членов;

      "межгосударственная передача электрической энергии (мощности)" - оказание услуг уполномоченными организациями государств-членов по перемещению и (или) замещению электрической энергии (мощности). В соответствии с законодательством государства-члена соответствующие отношения оформляются договорами на оказание услуг по передаче (транзиту) электрической энергии (мощности) или иными гражданско-правовыми договорами, включая договоры купли-продажи электрической энергии;

      "межгосударственное сечение" - технологически обусловленная совокупность линий электропередачи всех классов напряжения между энергосистемами (частями энергосистем) 2 и более государств, проходящих через государственные границы государств-членов, а также через государственные границы государств-членов и третьих государств;

      "межгосударственный переток" - переток электрической энергии (мощности) по межгосударственной линии электропередачи;

      "общий электроэнергетический рынок Союза" - система отношений между субъектами внутренних оптовых электроэнергетических рынков разных государств-членов на основе параллельно работающих электроэнергетических систем, связанная с куплей-продажей электрической энергии (мощности), действующая на основании настоящего Протокола, актов, предусмотренных пунктами 5 - 8 настоящего Протокола, и соответствующих договоров между субъектами общего электроэнергетического рынка Союза;

      "оператор централизованной торговли" - организация, оказывающая услуги по организации определенного вида централизованной торговли электрической энергией на общем электроэнергетическом рынке Союза;

      "перемещение электрической энергии (мощности)" - обеспечение перетоков произведенной на территории одного государства-члена электрической энергии (мощности) через сети другого государства-члена между точками поставки, расположенными на его границе (границах);

      "сальдо-переток электрической энергии" - алгебраическая сумма (с учетом направления) межгосударственных перетоков электрической энергии по всем линиям электропередачи, входящим в межгосударственное сечение;

      "свободный двусторонний договор" - заключенный между участниками общего электроэнергетического рынка Союза договор купли-продажи электрической энергии, в котором объемы, цены, сроки поставки и расчетов и иные условия исполнения обязательств определяются сторонами договора самостоятельно с учетом пропускных способностей межгосударственных сечений, других технологических и регулятивных ограничений;

      "сетевой оператор" - организация, уполномоченная в соответствии с законодательством государства-члена на оказание услуг по передаче электрической энергии по территории этого государства- члена;

      "системный оператор" - организация, уполномоченная в соответствии с законодательством государства-члена на осуществление оперативно-диспетчерского управления электроэнергетической системой государства-члена;

      "срочный контракт" - договор купли-продажи электрической энергии между участниками общего электроэнергетического рынка Союза, содержащий стандартизированные условия по периоду и часам поставки электрической энергии, а также по иным существенным условиям, в котором цена и объем электрической энергии определяются при проведении централизованной торговли в соответствии с регламентами оператора централизованной торговли по срочным контрактам;

      "субъекты внутреннего оптового электроэнергетического рынка" - юридические лица, являющиеся субъектами оптового электроэнергетического рынка государства-члена в соответствии с законодательством этого государства-члена;

      "тупиковая схема" - схема, при которой электроснабжение потребителей электрической энергии одного государства-члена осуществляется по межгосударственным линиям электропередачи, получающим напряжение со стороны другого государства-члена;

      "услуги субъектов естественных монополий в сфере электроэнергетики" - услуги по передаче электрической энергии, оперативно-диспетчерскому управлению в электроэнергетике, оказываемые субъектами естественных монополий для обеспечения взаимной торговли на общем электроэнергетическом рынке Союза и межгосударственной передачи электрической энергии (мощности).

II. Принципы формирования, функционирования и развития общего электроэнергетического рынка Союза

      4. Формирование, функционирование и развитие общего электроэнергетического рынка Союза осуществляются на основе следующих принципов:

      1) сотрудничество на основе равноправия, взаимной выгоды и ненанесения экономического ущерба любому из государств-членов;

      2) соблюдение баланса экономических интересов производителей и потребителей электрической энергии, а также других субъектов общего электроэнергетического рынка Союза;

      3) приоритетное использование механизмов, основанных на рыночных отношениях и добросовестной конкуренции, для формирования устойчивой системы удовлетворения спроса на электрическую энергию (мощность) в конкурентных видах деятельности;

      4) обеспечение беспрепятственного доступа к услугам субъектов естественных монополий в сфере электроэнергетики в пределах технической возможности при условии приоритетного использования указанных услуг для обеспечения внутренних потребностей государств- членов при осуществлении межгосударственной передачи электрической энергии (мощности);

      5) поэтапное формирование и развитие общего электроэнергетического рынка Союза на основе параллельно работающих электроэнергетических систем государств-членов с учетом особенностей существующих моделей электроэнергетических рынков государств-членов;

      6) использование технических и экономических преимуществ параллельной работы электроэнергетических систем государств-членов с соблюдением взаимосогласованных условий параллельной работы;

      7) осуществление торговли электрической энергией между субъектами государств-членов с учетом энергетической безопасности государств-членов;

      8) поэтапная гармонизация законодательства государств-членов в сфере электроэнергетики, в том числе в части раскрытия информации субъектами общего электроэнергетического рынка Союза.

III. Правила функционирования общего электроэнергетического рынка Союза

      5. В пределах имеющейся технической возможности государства-члены обеспечивают беспрепятственный доступ к межгосударственной передаче электрической энергии (мощности) по межгосударственным линиям электропередачи с учетом обеспечения внутренних потребностей в электрической энергии (мощности) государств-членов в соответствии с правилами, определяющими принципы и порядок обеспечения доступа к межгосударственной передаче электрической энергии (мощности) (далее - правила доступа).

      Межгосударственная передача электрической энергии (мощности) осуществляется на основании соответствующих договоров между организацией (организациями), уполномоченной (уполномоченными) на осуществление межгосударственной передачи электрической энергии (мощности), и потребителем услуги по межгосударственной передаче электрической энергии (мощности). Порядок заключения, исполнения, изменения, расторжения, прекращения действия, регистрации и учета указанных договоров определяется правилами доступа.

      Правила доступа утверждаются Межправительственным советом.

      6. Взаимная торговля электрической энергией на общем электроэнергетическом рынке Союза регулируется правилами, утверждаемыми Межправительственным советом (далее - правила взаимной торговли электрической энергией).

      7. Регулирование правоотношений, связанных с определением и распределением пропускной способности межгосударственных сечений, осуществляется в соответствии с правилами, регламентирующими взаимоотношения субъектов общего электроэнергетического рынка Союза при определении и распределении пропускной способности межгосударственных линий электропередачи, доступной для осуществления взаимной торговли электрической энергией на общем электроэнергетическом рынке Союза и межгосударственной передачи электрической энергии (мощности), утверждаемыми Межправительственным советом.

      8. Информационное взаимодействие субъектов общего электроэнергетического рынка Союза, государственных органов государств-членов и Комиссии при функционировании общего электроэнергетического рынка Союза осуществляется в соответствии с правилами, определяющими состав данных и процедуры их предоставления субъектами общего электроэнергетического рынка Союза, государственными органами государств-членов и Комиссией при функционировании общего электроэнергетического рынка Союза и утверждаемыми Межправительственным советом (далее - правила информационного обмена).

IV. Полномочия Комиссии

      9. Комиссия в целях обеспечения формирования, функционирования и развития общего электроэнергетического рынка Союза осуществляет следующие полномочия:

      1) мониторинг функционирования общего электроэнергетического рынка Союза в порядке, утверждаемом Советом Комиссии;

      2) подготовка предложений по совершенствованию правового регулирования в отношении общего электроэнергетического рынка Союза;

      3) иные полномочия, предусмотренные настоящим Протоколом.

V. Управление общим электроэнергетическим рынком Союза и обеспечение его функционирования

      10. Управление общим электроэнергетическим рынком Союза осуществляется и его функционирование обеспечивается следующими органами и организациями:

      государственные органы государств-членов, уполномоченные в соответствии с законодательством государств-членов на осуществление регулирования и (или) контроля в сфере электроэнергетики;

      инфраструктурные организации общего электроэнергетического рынка Союза.

      В целях обеспечения функционирования общего электроэнергетического рынка Союза по инициативе государств-членов решением Высшего совета могут создаваться вспомогательные органы (совет руководителей государственных органов государств-членов, рабочие группы, специальные комиссии).

      11. К государственным органам государств-членов, уполномоченным в соответствии с законодательством государств- членов на осуществление регулирования и (или) контроля в сфере электроэнергетики, в том числе могут относиться:

      государственные органы государств-членов, уполномоченные на реализацию государственной политики в сфере электроэнергетики;

      государственные органы государств-членов, уполномоченные на реализацию и (или) проведение конкурентной (антимонопольной) политики;

      государственные органы государств-членов, наделенные полномочиями по регулированию и (или) контролю за деятельностью субъектов естественных монополий.

      Государственные органы государства-члена, уполномоченные в соответствии с законодательством данного государства-члена на осуществление регулирования и (или) контроля в сфере электроэнергетики, осуществляют в целях обеспечения функционирования общего электроэнергетического рынка Союза следующие функции и полномочия:

      обеспечивают выполнение мероприятий, направленных на реализацию настоящего Протокола;

      содействуют гармонизации законодательства государства-члена в сфере электроэнергетики в соответствии с актами, принимаемыми в соответствии с пунктами 5 - 8 настоящего Протокола;

      участвуют в подготовке и рассмотрении данных мониторинга функционирования общего электроэнергетического рынка Союза;

      осуществляют контроль за соблюдением субъектами общего электроэнергетического рынка Союза, зарегистрированными на территории государства-члена, конкурентного (антимонопольного) законодательства государства-члена, правил взаимной торговли электрической энергией и правил доступа на территории государства-члена;

      осуществляют регулирование и контроль деятельности субъектов естественных монополий в сфере электроэнергетики, зарегистрированных на территории государства-члена и осуществляющих деятельность на общем электроэнергетическом рынке Союза, в соответствии с законодательством государства-члена в сфере регулирования и (или) контроля деятельности естественных монополий;

      рассматривают жалобы, касающиеся нарушений субъектом общего электроэнергетического рынка Союза, зарегистрированным на территории соответствующего государства-члена, правил доступа;

      утверждают методические указания по определению цен (тарифов) на услуги инфраструктурных организаций общего электроэнергетического рынка Союза, зарегистрированных на территории соответствующего государства-члена и не являющихся субъектами естественных монополий в сфере электроэнергетики;

      иные функции и полномочия, предусмотренные актами, принимаемыми в соответствии с пунктами 5 - 8 настоящего Протокола, и законодательством государств-членов.

      Порядок осуществления государственными органами государств- членов, уполномоченными в соответствии с законодательством государств-членов на осуществление регулирования и (или) контроля в сфере электроэнергетики, указанных в настоящем пункте функций и полномочий определяется законодательством соответствующих государств-членов.

      12. Состав инфраструктурных организаций общего электроэнергетического рынка Союза определяется в соответствии с пунктами 21 - 23 настоящего Протокола.

      Права и обязанности (функции и полномочия) инфраструктурных организаций общего электроэнергетического рынка Союза в части обеспечения функционирования общего электроэнергетического рынка Союза определяются настоящим Протоколом, актами, принимаемыми в соответствии с пунктами 5 - 8 настоящего Протокола, и законодательством государств-членов в части, определенной этими актами.

      13. Государства-члены обеспечивают взаимодействие государственных органов государств-членов, уполномоченных в соответствии с законодательством государств-членов на осуществление регулирования и (или) контроля в сфере электроэнергетики, инфраструктурных организаций общего электроэнергетического рынка Союза и участников общего электроэнергетического рынка Союза.

VI. Субъекты общего электроэнергетического рынка Союза

      14. В состав субъектов общего электроэнергетического рынка Союза входят:

      1) участники общего электроэнергетического рынка Союза;

      2) инфраструктурные организации общего электроэнергетического рынка Союза.

      15. Права и обязанности (функции и полномочия) субъектов общего электроэнергетического рынка Союза на общем электроэнергетическом рынке Союза устанавливаются в соответствии с настоящим Протоколом, актами, принимаемыми в соответствии с пунктами 5 - 8 настоящего Протокола, и законодательством государств-членов в части, определенной этими актами.

      16. Реестр субъектов общего электроэнергетического рынка Союза включает информацию о субъектах внутренних оптовых электроэнергетических рынков государств-членов, имеющих право в соответствии с пунктами 17 - 19 настоящего Протокола участвовать в общем электроэнергетическом рынке Союза, а также информацию об инфраструктурных организациях государств-членов, указанных в пункте 21 настоящего Протокола, уполномоченных на участие в общем электроэнергетическом рынке Союза. Указанная информация формируется уполномоченными в соответствии с законодательством государств-членов органами (организациями).

      Формирование и ведение реестра субъектов общего электроэнергетического рынка Союза осуществляются в соответствии с правилами информационного обмена.

VII. Участники общего электроэнергетического рынка Союза

      17. В состав участников общего электроэнергетического рынка Союза входят:

      1) юридические лица, осуществляющие продажу (поставку) электрической энергии и являющиеся субъектами внутренних оптовых электроэнергетических рынков в соответствии с законодательством соответствующих государств-членов;

      2) юридические лица, осуществляющие покупку электрической энергии и являющиеся субъектами внутренних оптовых электроэнергетических рынков в соответствии с законодательством соответствующих государств-членов;

      3) юридические лица, осуществляющие покупку электрической энергии из сопредельного государства-члена по межгосударственным линиям электропередачи по "тупиковой схеме" в отсутствие альтернативы и возможности купить электрическую энергию на внутреннем электроэнергетическом рынке своего государства-члена;

      4) юридические лица, уполномоченные в соответствии с законодательством государств-членов на урегулирование почасовых отклонений фактических сальдо-перетоков электрической энергии от плановых значений.

      18. До вступления в силу решения Совета Комиссии, предусмотренного пунктом 19 настоящего Протокола, каждое государство-член в соответствии со своим законодательством может наделять субъекта внутреннего оптового электроэнергетического рынка полномочиями участвовать в общем электроэнергетическом рынке Союза, а также определять перечень юридических лиц, имеющих право участвовать в торговле электрической энергией на общем электроэнергетическом рынке Союза.

      19. После вступления в силу международного договора о формировании общего рынка газа Союза, а также актов органов Союза, необходимых для обеспечения функционирования общего рынка газа Союза, Советом Комиссии принимается решение, в соответствии с которым государства-члены создают условия для участия на добровольной и конкурентной основе всех субъектов внутренних оптовых электроэнергетических рынков в общем электроэнергетическом рынке Союза. После вступления в силу указанного решения Совета Комиссии государства-члены не вправе уполномочивать на участие в общем электроэнергетическом рынке Союза отдельных субъектов внутреннего оптового электроэнергетического рынка (за исключением случаев, предусмотренных настоящим Протоколом).

      20. Юридические лица государств-членов осуществляют торговлю электрической энергией на общем электроэнергетическом рынке Союза в случае, если они не осуществляют одновременно (не совмещают) естественно-монопольные и конкурентные виды деятельности в сфере электроэнергетики.

      Положения абзаца первого настоящего пункта не распространяются на торговлю электрической энергией на общем электроэнергетическом рынке Союза в следующих случаях:

      торговля электрической энергией на общем электроэнергетическом рынке Союза осуществляется в целях урегулирования почасовых отклонений фактических сальдо-перетоков электрической энергии от плановых значений;

      покупка электрической энергии на общем электроэнергетическом рынке Союза осуществляется системными и (или) сетевыми операторами в целях компенсации потерь в электрических сетях в случаях, определенных правилами взаимной торговли электрической энергией.

      Положения абзаца первого настоящего пункта не распространяются на юридические лица государства-члена, осуществляющие производство и (или) продажу электрической энергии, если по состоянию на дату вступления в силу настоящего Протокола производство и (или) продажа электрической энергии в данном государстве-члене относятся к сферам естественных монополий в соответствии с приложением № 2 к Протоколу о единых принципах и правилах регулирования деятельности субъектов естественных монополий (приложение № 20 к Договору).

      Особенности участия в торговле электрической энергией на общем электроэнергетическом рынке Союза юридических лиц, указанных в абзаце пятом настоящего пункта, определяются правилами взаимной торговли электрической энергией с учетом положений Протокола о единых принципах и правилах регулирования деятельности субъектов естественных монополий (приложение № 20 к Договору).

VIII. Инфраструктурные организации общего электроэнергетического рынка Союза

      21. В состав инфраструктурных организаций общего электроэнергетического рынка Союза входят:

      1) системные операторы;

      2) сетевые операторы;

      3) оператор (операторы) централизованной торговли;

      4) иные организации, оказывающие услуги субъектам общего электроэнергетического рынка Союза при взаимной торговле электрической энергией в соответствии с актами, принимаемыми в соответствии с пунктами 5 - 8 настоящего Протокола.

      22. Функции нескольких инфраструктурных организаций общего электроэнергетического рынка Союза одного государства-члена могут быть совмещены в соответствии с законодательством этого государства- члена.

      23. Инфраструктурные организации общего электроэнергетического рынка Союза оказывают услуги в соответствии с договорами, заключаемыми согласно актам, принимаемыми в соответствии с пунктами 5 - 8 настоящего Протокола.

IX. Торговля электрической энергией на общем электроэнергетическом рынке Союза

      24. Способы осуществления торговли электрической энергией на общем электроэнергетическом рынке Союза:

      1) взаимная торговля электрической энергией между участниками общего электроэнергетического рынка Союза по свободным двусторонним договорам;

      2) централизованная торговля электрической энергией между участниками общего электроэнергетического рынка Союза, виды которой определяются правилами взаимной торговли электрической энергией и включают в себя в том числе централизованную торговлю на сутки вперед при условии ее экономической целесообразности (далее - централизованная торговля электрической энергией);

      3) урегулирование почасовых отклонений фактических сальдо-перетоков электрической энергии от плановых значений на основании договоров, заключаемых между уполномоченными на это организациями государств-членов.

      25. Торговля электрической энергией на общем электроэнергетическом рынке Союза осуществляется между участниками общего электроэнергетического рынка Союза, являющимися юридическими лицами разных государств-членов, на соответствующих межгосударственных сечениях на государственных границах государств-членов в соответствии с настоящим Протоколом, правилами взаимной торговли электрической энергией и на основании договоров, заключение которых необходимо для осуществления торговли электрической энергией с использованием определенного способа торговли.

      26. В правилах взаимной торговли электрической энергией определяются действия участников общего электроэнергетического рынка Союза, которые указанные участники должны совершить для начала осуществления торговли с использованием соответствующего способа торговли.

      Перечень существенных условий договоров, заключение которых необходимо для участия в торговле электрической энергией на общем электроэнергетическом рынке Союза с использованием определенного способа торговли, в том числе по свободным двусторонним договорам, и порядок заключения, исполнения, изменения, расторжения, прекращения действия, регистрации и учета указанных договоров определяются правилами взаимной торговли электрической энергией и правилами доступа. В указанных правилах определяется перечень договоров, необходимых для участия в торговле электрической энергией на общем электроэнергетическом рынке Союза, которые заключаются в соответствии со стандартными формами, утверждаемыми Советом Комиссии. Условия договоров, заключенных по таким формам, не могут быть изменены участниками общего электроэнергетического рынка Союза, являющимися их сторонами, в одностороннем порядке.

      27. Взаимная торговля электрической энергией по свободным двусторонним договорам осуществляется участниками общего электроэнергетического рынка Союза посредством заключения двусторонних договоров купли-продажи электрической энергии по ценам, в объеме и на условиях поставок, которые определяются сторонами договоров самостоятельно с учетом пропускных способностей межгосударственных сечений, других технологических и регулятивных ограничений. Изменение объемов поставки электрической энергии и расторжение свободного двустороннего договора осуществляются в порядке и сроки, установленные правилами взаимной торговли электрической энергией. Объемы электрической энергии, покупаемые (продаваемые) по зарегистрированным в установленном порядке на общем электроэнергетическом рынке Союза свободным двусторонним договорам, должны учитываться на внутренних оптовых рынках электрической энергии государств-членов в соответствии с законодательством этих государств-членов.

      28. Централизованная торговля электрической энергией осуществляется участниками общего электроэнергетического рынка Союза с использованием электронной системы торговли, обеспечивающей определение цен и объемов покупки (продажи) электрической энергии в соответствии с правилами взаимной торговли электрической энергией. Услуги по организации централизованной торговли электрической энергией предоставляются оператором (операторами) централизованной торговли на возмездной договорной основе.

      Объемы электрической энергии, покупаемые (продаваемые) по договорам, заключенным по результатам централизованной торговли электрической энергией на общем электроэнергетическом рынке Союза и зарегистрированным в установленном порядке на общем электроэнергетическом рынке Союза, должны регистрироваться и учитываться на внутренних оптовых рынках электрической энергии государств-членов в соответствии с законодательством этих государств-членов.

      29. В целях урегулирования почасовых отклонений фактических сальдо-перетоков электрической энергии от плановых значений и обеспечения возможности осуществления участниками общего электроэнергетического рынка Союза взаимной торговли электрической энергией через соответствующие межгосударственные сечения уполномоченные на урегулирование отклонений организации сопредельных государств-членов заключают в соответствии с правилами взаимной торговли электрической энергией договоры купли-продажи почасовых отклонений либо иные договоры, если это не противоречит законодательству государств-членов.

      Торговля электрической энергией способами, указанными в подпунктах 1 и 2 пункта 24 настоящего Протокола, между участниками общего электроэнергетического рынка Союза соответствующих государств-членов по соответствующему сечению не осуществляется до заключения договоров, указанных в абзаце первом настоящего пункта.

      Порядок расчета величин почасовых отклонений и порядок их урегулирования определяются правилами взаимной торговли электрической энергией.

      На межгосударственных сечениях, где осуществляется торговля электрической энергией между участниками общего электроэнергетического рынка Союза, связанная с электроснабжением потребителей электрической энергии по "тупиковой схеме" в отсутствие альтернативы и возможности купить электрическую энергию на внутреннем электроэнергетическом рынке своего государства-члена, урегулирование отклонений осуществляется в рамках свободных двусторонних договоров купли-продажи электрической энергии.

      30. Каждое государство-член в соответствии со своим законодательством определяет субъекта внутреннего оптового электроэнергетического рынка, уполномоченного на участие в урегулировании почасовых отклонений фактических сальдо-перетоков электрической энергии от плановых значений и заключение соответствующих договоров.

      Информация о заключении договоров на урегулирование почасовых отклонений фактических сальдо-перетоков электрической энергии от плановых значений предоставляется субъектам общего электроэнергетического рынка Союза в соответствии с правилами информационного обмена.

      31. Для осуществления участниками общего электроэнергетического рынка Союза государства-члена, не имеющего общих границ с другими государствами-членами, торговли электрической энергией на общем электроэнергетическом рынке Союза через территорию третьего государства, сопредельного с таким государством-членом, должны быть заключены договоры на урегулирование почасовых отклонений фактических сальдо-перетоков электрической энергии от плановых значений между уполномоченной организацией государства-члена, не имеющего общих границ с другими государствами-членами, и организацией, уполномоченной на заключение соответствующих договоров в соответствии с законодательством третьего государства.

      Необходимым условием осуществления торговли электрической энергией на общем электроэнергетическом рынке Союза участниками общего электроэнергетического рынка Союза государства-члена, не имеющего общих границ с другими государствами-членами, является также заключение (наличие) договоров транзита электрической энергии через третье государство в оба направления.

X. Оператор (операторы) централизованной торговли

      32. На общем электроэнергетическом рынке Союза организация централизованной торговли электрической энергией осуществляется организацией (организациями) государства-члена (государств-членов), определенной Советом Комиссии на основе предложений государств-членов.

      33. Права и обязанности (функции и полномочия) оператора (операторов) централизованной торговли устанавливаются правилами взаимной торговли электрической энергией, правилами информационного обмена, договором (договорами) о присоединении и регламентами оператора (операторов) централизованной торговли.

      34. Оказание услуг по организации централизованной торговли электрической энергией осуществляется с использованием соответствующей электронной системы торговли - торговой площадки.

      35. Форма договора (формы договоров) о присоединении, стандартные формы договоров и регламенты, предусмотренные актами, принимаемыми в соответствии с пунктами 5 - 8 настоящего Протокола, утверждаются Советом Комиссии на основании предложений государств-членов.

      36. Принципы определения цены (тарифа) за услуги оператора (операторов) централизованной торговли электрической энергией устанавливаются правилами взаимной торговли электрической энергией.

XI. Технологическая основа торговли электрической энергией на общем электроэнергетическом рынке Союза

      37. Технологическую основу торговли электрической энергией на общем электроэнергетическом рынке Союза составляют:

      1) система информационного обмена, обеспечивающая взаимодействие субъектов общего электроэнергетического рынка Союза на основе данных о функционировании электроэнергетических систем и электроэнергетических рынков государств-членов;

      2) электронная система торговли, обеспечивающая проведение централизованной торговли по срочным контрактам;

      3) электронная система торговли, обеспечивающая проведение централизованной торговли на сутки вперед.

XII. Регулирование и контроль деятельности субъектов естественных монополий в сфере электроэнергетики на общем электроэнергетическом рынке Союза, а также иных организаций, уполномоченных на осуществление межгосударственной передачи электрической энергии (мощности)

      38. Регулирование и контроль деятельности субъектов естественных монополий в сфере электроэнергетики и иных организаций, уполномоченных на осуществление межгосударственной передачи электрической энергии (мощности), при осуществлении ими межгосударственной передачи электрической энергии (мощности) осуществляются в соответствии с настоящим Протоколом, правилами доступа и законодательством государства-члена, по территории которого осуществляется межгосударственная передача электрической энергии (мощности).

      Регулирование и контроль деятельности субъектов естественных монополий в сфере электроэнергетики при оказании ими соответствующих услуг субъектам внутреннего оптового электроэнергетического рынка, осуществляющим покупку (продажу) электрической энергии на общем электроэнергетическом рынке Союза, осуществляются в соответствии с законодательством данного государства-члена с учетом принципов, указанных в пункте 3 Протокола о единых принципах и правилах регулирования деятельности субъектов естественных монополий (приложение № 20 к Договору).

      Услуги субъектов естественных монополий в сфере электроэнергетики по передаче электрической энергии и по оперативнодиспетчерскому управлению в электроэнергетике оказываются только субъектам внутреннего электроэнергетического рынка государства- члена, на территории которого осуществляется оказание данных услуг, в соответствии с законодательством данного государства-члена. При этом субъектам внутреннего оптового электроэнергетического рынка, осуществляющим покупку (продажу) электрической энергии на общем электроэнергетическом рынке Союза, должен быть обеспечен доступ к услугам указанных субъектов естественных монополий в сфере электроэнергетики на тех же условиях, на которых доступ к соответствующим услугам предоставляется субъектам, осуществляющим покупку (продажу) электрической энергии только на внутреннем оптовом электроэнергетическом рынке государства-члена.

      39. Ценообразование (тарифообразование) в отношении услуг субъектов естественных монополий в сфере электроэнергетики осуществляется в соответствии с законодательством государств-членов.

      Цены (тарифы) на услуги субъектов естественных монополий в сфере электроэнергетики на общем электроэнергетическом рынке Союза не должны превышать аналогичные внутренние цены (тарифы) для субъектов внутреннего оптового электроэнергетического рынка.

      Ценообразование (тарифообразование) при осуществлении межгосударственной передачи электрической энергии (мощности) по территории государства-члена должно учитывать компенсацию организации, уполномоченной на осуществление межгосударственной передачи электрической энергии (мощности), расходов (затрат), обусловленных обеспечением межгосударственной передачи электрической энергии (мощности) такой организацией на внутреннем электроэнергетическом рынке в соответствии с законодательством государства-члена. При этом в случае если цена (тариф) на осуществление межгосударственной передачи электрической энергии (мощности) определяется на основании прогнозных значений параметров, учитываемых при определении указанной цены (тарифа) в соответствии с законодательством государства-члена, то при последующем определении цены (тарифа) на осуществление межгосударственной передачи электрической энергии (мощности) учитывается разница между прогнозными и фактическими значениями данных параметров, относящихся к предшествующим расчетным периодам.

      Цены (тарифы) на осуществление межгосударственной передачи электрической энергии (мощности) определяются заблаговременно до начала очередного календарного месяца (расчетного периода) в срок, предусмотренный правилами доступа, и не подлежат изменению в отношении обязательств данного календарного месяца (расчетного периода).

XIII. Антимонопольное регулирование общего электроэнергетического рынка Союза

      40. Антимонопольное регулирование общего электроэнергетического рынка Союза осуществляется в соответствии с законодательством государств-членов и разделом XVIII Договора с учетом особенностей, установленных разделами XIX и XX Договора и настоящим Протоколом.

XIV. Развитие межгосударственных электрических сетей

      41. Государство-член осуществляет на своей территории развитие межгосударственных электрических сетей в соответствии с положением о развитии межгосударственных электрических сетей, утверждаемым Советом Комиссии, и своим законодательством.

XV. Этапы формирования и развития общего электроэнергетического рынка Союза

      42. Сроки принятия актов, предусмотренных настоящим Протоколом, а также этапы развития общего электроэнергетического рынка Союза устанавливаются Высшим советом.

XVI. Осуществление межгосударственной передачи электрической энергии (мощности)

      43. Для целей настоящего раздела используются следующие понятия:

      "внутренние потребности в электрической энергии (мощности)" - объемы электрической энергии (мощности), необходимые для их потребления на территориях соответствующих государств-членов;

      "доступ к услугам субъектов естественных монополий в сфере электроэнергетики" - возможность субъекта внутреннего рынка одного государства-члена воспользоваться услугами субъектов естественных монополий в сфере электроэнергетики на территории другого государства-члена;

      "субъекты внутреннего рынка электрической энергии" - лица, являющиеся субъектами рынка электрической энергии (мощности) государства-члена в соответствии с законодательством этого государства-члена, осуществляющие деятельность в сфере электроэнергетики, в том числе производство электрической энергии (мощности), приобретение и продажа электрической энергии (мощности), распределение электрической энергии, энергоснабжение потребителей, оказание услуг по передаче электрической энергии (мощности), по оперативно-диспетчерскому управлению в электроэнергетике, сбыт электрической энергии (мощности), организация купли-продажи электрической энергии.

      44. В пределах имеющейся технической возможности государства- члены обеспечивают беспрепятственный доступ к услугам субъектов естественных монополий в сфере электроэнергетики при условии приоритетного использования указанных услуг для обеспечения внутренних потребностей в электрической энергии (мощности) государств-членов на основе следующих принципов:

      1) равенство требований по отношению к субъектам внутреннего рынка электрической энергии (мощности), установленных законодательством государства-члена, на территории которого предоставляются такие услуги;

      2) учет законодательства государств-членов при предоставлении доступа к услугам естественных монополий в сфере электроэнергетики при условии приоритетного использования указанных услуг для обеспечения внутренних потребностей государств-членов;

      3) обеспечение надлежащего технического состояния объектов электроэнергетики, влияющих на режимы параллельной работы электроэнергетических систем государств-членов при оказании услуг субъектами естественных монополий в сфере электроэнергетики;

      4) договорное оформление отношений, возникающих между субъектами внутренних рынков электрической энергии государств- членов;

      5) возмездность оказания услуг субъектами естественных монополий государств-членов в сфере электроэнергетики.

      45. Обеспечение межгосударственной передачи электрической энергии (мощности) осуществляется на основе следующих принципов:

      1) межгосударственная передача электрической энергии (мощности) через электроэнергетическую систему сопредельного государства-члена обеспечивается государствами-членами в пределах имеющейся технической возможности при условии приоритетного обеспечения внутренних потребностей в электрической энергии (мощности) государств-членов;

      2) определение технической возможности межгосударственной передачи электрической энергии (мощности) осуществляется с учетом следующей приоритетности:

      обеспечение внутренних потребностей в электрической энергии (мощности) государства-члена, через электроэнергетическую систему которого планируется осуществление межгосударственной передачи;

      обеспечение межгосударственной передачи электрической энергии (мощности) из одной части электроэнергетической системы государства-члена в другую ее часть через электроэнергетическую систему сопредельного государства-члена;

      обеспечение межгосударственной передачи электрической энергии (мощности) через электроэнергетическую систему государства-члена из электроэнергетической системы одного государства-члена в электроэнергетическую систему другого государства-члена;

      обеспечение межгосударственной передачи электрической энергии (мощности) через электроэнергетическую систему государства- члена в целях исполнения обязательств в отношении субъектов электроэнергетики третьих государств;

      3) при межгосударственной передаче электрической энергии (мощности) уполномоченные организации государств-членов руководствуются принципом возмещения стоимости межгосударственной передачи электрической энергии (мощности) исходя из законодательства государства-члена;

      4) межгосударственная передача электрической энергии (мощности) в целях исполнения обязательств в отношении субъектов электроэнергетики третьих государств регулируется на двусторонней основе с учетом законодательства соответствующего государства-члена.

      46. В целях обеспечения беспрепятственной межгосударственной передачи электрической энергии (мощности) через электроэнергетические системы государствами-членами осуществляется комплекс согласованных подготовительных мероприятий, а именно:

      до начала календарного года поставки электрической энергии (мощности) уполномоченные государствами-членами организации заявляют о плановых объемах электрической энергии (мощности), предполагаемых к межгосударственной передаче, для учета их в национальных прогнозных балансах производства и потребления электрической энергии (мощности), в том числе с целью учета таких поставок при расчете тарифов услуг субъектов естественных монополий;

      на основании расчетов плановой стоимости межгосударственной передачи электрической энергии (мощности) уполномоченные государствами-членами организации заключают контракты во исполнение достигнутых договоренностей.

      В целях обеспечения беспрепятственной межгосударственной передачи электрической энергии (мощности) через электроэнергетические системы государств-членов, уполномоченные органы государств-членов используют Методологию осуществления межгосударственной передачи электрической энергии (мощности) между государствами-членами, включающую порядок определения технических условий и объемов межгосударственной передачи электрической энергии (мощности), а также согласованные подходы к ценообразованию (тарифообразованию) на услуги, связанные с межгосударственной передачей электрической энергии (мощности), согласно приложению к настоящему Протоколу.

      Определяемые в соответствии с законодательством государств- членов организации обеспечивают межгосударственную передачу электрической энергии (мощности) по территории своего государства в соответствии с указанной Методологией.

      47. Межгосударственная передача электрической энергии (мощности) и эксплуатация объектов электросетевого хозяйства, необходимых для обеспечения межгосударственной передачи электрической энергии (мощности), осуществляются в соответствии с нормативными правовыми и нормативно-техническими документами государства-члена, предоставляющего услуги, связанные с обеспечением межгосударственной передачи электрической энергии (мощности).

      48. В случае отказа в межгосударственной передаче электрической энергии (мощности) уполномоченные государствами-членами организации обеспечивают представление обосновывающих материалов о причинах отказа.

      49. Урегулирование отношений, касающихся межгосударственной передачи электрической энергии (мощности), осуществляется с учетом других действующих международных договоров.

  Приложение
к Протоколу об общем
электроэнергетическом рынке
Евразийского экономического
союза

      Сноска. Нумерационный заголовок – в редакции Закона РК от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).

Методология
осуществления межгосударственной передачи электрической
энергии (мощности) между государствами-членами
1. Основные положения порядка подачи заявок и формирования
годовых прогнозных объемов межгосударственной передачи
электрической энергии (мощности), подлежащих включению в
прогнозные балансы производства и потребления электроэнергии
(мощности), в том числе учитываемых при расчете тарифов на
услуги субъектов естественных монополий

      Сноска. Раздел 1 с изменениями, внесенными законами РК от 15.02.2021 № 6-VII; от 15.09.2021 № 64-VII ЗРК; от 18.09.2021 № 65-VII ЗРК.

      1.1. На территории Республики Беларусь.

      1.1.1. Годовые прогнозные объемы межгосударственной передачи электрической энергии (мощности) (далее - МГП) по национальной электрической сети Республики Беларусь определяются организацией, уполномоченной на ее осуществление, на основании поданной заявки.

      1.1.2. Заявка на предстоящий календарный год подается не позднее 1 апреля предшествующего года. В заявке указывается годовой объем МГП и максимальной мощности с разбивкой по месяцам.

      1.1.3. При рассмотрении заявки уполномоченная организация Республики Беларусь руководствуется величиной имеющейся технической возможности, определяемой в соответствии с настоящей Методологией.

      При превышении заявляемой величины МГП величины имеющейся технической возможности в целом по году или в каком-либо месяце года уполномоченная организация Республики Беларусь направляет мотивированный отказ организации, подавшей заявку.

      1.1.4. Заявленные объемы МГП, согласованные уполномоченной организацией Республики Беларусь, оформляются как приложение к договору на передачу электроэнергии и учитываются при расчете тарифов на услуги по передаче электроэнергии.

      1.1.5. Объемы электрической энергии, предполагаемые к МГП, могут быть скорректированы по согласованию уполномоченных организаций государств-членов до 1 ноября года, предшествующего году планируемой МГП.

      1.2. На территории Республики Казахстан.

      1.2.1. Годовые прогнозные объемы МГП по национальной электрической сети Республики Казахстан определяются на основании поданной уполномоченной на осуществление МГП организацией заявки системному оператору Республики Казахстан на осуществление МГП.

      1.2.2. Заявка на предстоящий календарный год подается не позднее 1 апреля предшествующего года. В заявке указывается годовой объем МГП с разбивкой по месяцам и указанием точек приема и точек выдачи электроэнергии на границе Республики Казахстан.

      1.2.3. При рассмотрении заявки системный оператор Республики Казахстан руководствуется величиной имеющейся технической возможности, определяемой в соответствии с настоящей Методологией. При превышении заявляемой величины МГП величины имеющейся технической возможности в целом по году или в каком-либо месяце года системный оператор Республики Казахстан направляет мотивированный отказ организации, подавшей заявку.

      1.2.4. Заявленные объемы МГП, согласованные системным оператором Республики Казахстан, оформляются как приложение к договору на передачу электроэнергии и учитываются при расчете тарифов на услуги по передаче электроэнергии.

      1.2.5. После формирования прогнозного баланса электроэнергии и мощности по Единой энергетической системе Республики Казахстан (далее — ЕЭС Казахстана) до 15 октября года, предшествующего планируемому, определяются и согласовываются с субъектами оптового рынка объемы поставки электроэнергии по двухсторонним межгосударственным договорам.

      1.2.6. Объемы электрической энергии, предполагаемые к МГП, могут быть скорректированы по предложению субъектов, уполномоченных на организацию и осуществление МГП до 1 ноября года, предшествующего году планируемой поставки.

      1.3. На территории Российской Федерации.

      1.3.1. В соответствии с Порядком формирования сводного прогнозного баланса в рамках ЕЭС России по субъектам Российской Федерации уполномоченная организация (организация по управлению единой национальной (общероссийской) электрической сетью (далее - ЕНЭС) Российской Федерации) до 1 апреля года, предшествующего году планируемой поставки, направляет согласованные с уполномоченными организациями государств-членов, осуществляющими управление национальной электрической сетью, предложения в орган, уполномоченный на формирование сводного прогнозного баланса производства и потребления электрической энергии (мощности) по субъектам Российской Федерации, и системному оператору ЕЭС России.

      1.3.2 Согласованные предложения рассматриваются органом, уполномоченным на формирование сводного прогнозного баланса производства и потребления электрической энергии (мощности) по субъектам Российской Федерации, и учитываются при формировании сводного прогнозного баланса производства и потребления электроэнергии (мощности) по субъектам Российской Федерации на следующий календарный год в сроки, предусмотренные законодательством Российской Федерации.

      1.3.3. Объемы электрической энергии и мощности, предполагаемые к МГП, утвержденные в составе показателей сводного прогнозного баланса производства и потребления электроэнергии (мощности) по субъектам Российской Федерации на год поставки, учитываются при расчете цен (тарифов) на услуги естественных монополий в электроэнергетике.

      1.3.4. Объемы электрической энергии и мощности, предполагаемые к МГП, могут быть скорректированы по предложению организации по управлению ЕНЭС при условии наличия согласования уполномоченными органами (организациями) государств-членов до 1 ноября года, предшествующего году планируемой поставки, с проведением соответствующей корректировки установленных цен (тарифов) на услуги естественных монополий в электроэнергетике.

      1.4. На территории Республики Армения.

      1.4.1. Годовые прогнозные объемы МГП по электроэнергетической системе Республики Армения (далее - ЭЭС Армении) определяются организацией, уполномоченной на организацию МГП (далее - системный оператор ЭЭС Армении), на основании заявки.

      1.4.2. Заявка на предстоящий календарный год подается не позднее 1 апреля предшествующего года. В заявке указывается годовой объем МГП с разбивкой по месяцам и указанием точек приема и выдачи электрической энергии на границе Республики Армения.

      1.4.3. При рассмотрении заявки системный оператор ЭЭС Армении руководствуется величиной имеющейся технической возможности ЭЭС Армении, определяемой в соответствии с настоящей Методологией. При превышении заявляемой величины МГП величины имеющейся технической возможности ЭЭС Армении в целом по году или в каком-либо месяце года системный оператор ЭЭС Армении направляет мотивированный отказ организации, подавшей заявку.

      1.4.4. Заявленные объемы МГП, согласованные системным оператором ЭЭС Армении, оформляются как приложение к договору на передачу электрической энергии и учитываются при расчете тарифов на услуги по передаче электрической энергии.

      1.4.5. После формирования прогнозных балансов электрической энергии и мощности по ЭЭС Армении до 15 октября года, предшествующего планируемому, определяются и согласовываются с субъектами оптового рынка объемы поставки электрической энергии по двусторонним межгосударственным договорам.

      1.4.6. Объемы электрической энергии, предполагаемые к МГП, могут быть скорректированы по предложению субъектов, уполномоченных на организацию и осуществление МГП, до 1 ноября года, предшествующего году планируемой поставки.

      1.5. На территории Кыргызской Республики.

      1.5.1. Годовые прогнозные объемы МГП по национальной электрической сети Кыргызской Республики (далее НЭС Кыргызстана) определяются организацией, уполномоченной на осуществление МГП (далее - организация по управлению НЭС Кыргызстана), на основании заявки.

      1.5.2. Заявка на предстоящий календарный год подается не позднее 1 апреля предшествующего года. В заявке указывается годовой объем МГП и максимальной мощности с разбивкой по месяцам и указанием точек приема и выдачи электрической энергии на границе Кыргызской Республики.

      1.5.3. При рассмотрении заявки организация по управлению НЭС Кыргызстана руководствуется величиной имеющейся технической возможности НЭС Кыргызстана, определяемой в соответствии с настоящей Методологией. При превышении заявляемой величины МГП величины имеющейся технической возможности НЭС Кыргызстана в целом по году или в каком-либо месяце года организация по управлению НЭС Кыргызстана направляет мотивированный отказ организации, подавшей заявку.

      1.5.4. Заявленные объемы МГП, согласованные с организацией по управлению НЭС Кыргызстана, оформляются как приложение к договору на передачу электрической энергии и учитываются при расчете тарифов на услуги по передаче электрической энергии.

      1.5.5. Объемы электрической энергии, предполагаемые к МГП, могут быть скорректированы по согласованию уполномоченных организаций государств-членов до 1 ноября года, предшествующего году планируемой поставки.

2. Порядок определения технической возможности
и планируемых объемов МГП на основе планирования годовых,
месячных, суточных и внутрисуточных режимов работы
электроэнергетических систем, включая положения,
определяющие функции и полномочия координатора планирования

      Сноска. Раздел 2 с изменениями, внесенными законами РК от 15.09.2021 № 64-VII ЗРК; от 18.09.2021 № 65-VII ЗРК; от 16.03.2022 № 109-VII (порядок введения в действие см. ст.2).

      2.1. Терминология.

      Для целей раздела 2 настоящей Методологии используются следующие понятия:

      Контролируемое сечение — совокупность линий электропередачи

      (ЛЭП) и других элементов электрической сети, определяемых

      диспетчерскими центрами системных операторов электроэнергетических систем государств-членов, перетоки мощности по которым контролируются в целях обеспечения устойчивой работы, надежности и живучести электроэнергетических систем.

      Максимально допустимый переток мощности - наибольший переток в сечении сети, удовлетворяющий всем требованиям к нормальным режимам.

      Межгосударственное сечение - определяемая системными операторами электроэнергетических систем государств-членов точка или группа точек поставки, расположенная на межгосударственной(-ых) ЛЭП, соединяющей(-их) электроэнергетические системы (отдельные энергорайоны) соседних государств, технологически обусловленная задачами планирования и управления электроэнергетическими режимами параллельной работы.

      Иные используемые понятия имеют значение, определенное Протоколом об общем электроэнергетическом рынке Евразийского экономического союза (приложение № 21 к Договору о Евразийском экономическом союзе).

      2.2. Общие положения.

      2.2.1. Задачи, решаемые на этапах планирования:

      - годовое планирование: проверка технической возможности реализации заявленных объемов поставок электроэнергии (мощности) между государствами-членами и МГП между государствами-членами, учитываемых в прогнозных балансах производства и потребления электроэнергии (мощности) с учетом годовых плановых графиков ремонтов электросетевого оборудования, ограничивающих сечения экспорта-импорта, и их корректировка при необходимости;

      - месячное планирование: проверка технической возможности реализации заявленных объемов поставок и МГП между государствами-членами, учтенных в годовых прогнозных балансах производства и потребления электроэнергии (мощности) с учетом месячных плановых графиков ремонтов электросетевого оборудования, ограничивающих его сечения экспорта-импорта, и их корректировка при необходимости;

      - суточное планирование и внутрисуточная корректировка режимов: проверка технической возможности реализации заявленных на сутки вперед почасовых объемов поставок и МГП между государствами-членами с учетом реальной схемно-режимной ситуации, планового, непланового и аварийного отключения электросетевого оборудования, ограничивающего сечения экспорта-импорта, объемов поставок и МГП между государствами-членами.

      2.2.2. Планирование (расчет реализуемости запланированных объемов МГП между государствами-членами) производится между ЕЭС России и ЕЭС Казахстана, между энергосистемой Кыргызской Республики (ЭС Кыргызстана) и ЕЭС Казахстана, между ЕЭС России и Объединенной энергетической системой Беларуси (ОЭС Беларуси), а также между ЕЭС России и ЭЭС Армении (через электроэнергетические системы третьих государств) с использованием расчетной модели параллельно работающих электроэнергетических систем (далее - расчетная модель).

      2.2.3. Расчетная модель представляет собой математическую модель технологически взаимосвязанных частей и (или) эквивалентов ЕЭС России, ЕЭС Казахстана, ЭС Кыргызстана, ОЭС Беларуси, ЭЭС Армении и энергосистем третьих государств, через которые осуществляется передача электрической энергии (мощности) между ЕЭС России и ЭЭС Армении, в объеме, необходимом для планирования, и включает в себя описание:

      - графов и параметров схемы замещения электрической сети;

      - активных и реактивных узловых нагрузок;

      - активной и реактивной генерации в узлах;

      - минимальной и максимальной активной и реактивной мощностей генерации;

      - сетевых ограничений.

      2.2.4. Расчетная модель формируется на основе согласованной системными операторами электроэнергетических систем государств-членов схемы замещения, как правило, для базовых режимов, соответствующих согласованным часам зимнего максимума и минимума нагрузок, и летнего максимума и минимума нагрузок (базовые расчетные схемы). Для характерных схемно-режимных ситуаций должны быть указаны максимально допустимые перетоки в контролируемых межгосударственных сечениях, а также во внутренних контролируемых сечениях, если они существенно влияют на осуществление межгосударственных поставок (обменов).

      2.2.5. Координатором планирования является системный оператор ЕЭС России.

      2.2.6 Состав расчетных моделей и актуализируемой информации для каждой из стадий планирования, в том числе перечни энергообъектов и электроэнергетических систем (эквивалентов электроэнергетических систем), включаемых в расчетную модель, порядок и временной регламент их формирования и актуализации, форматы и способ обмена данными для планирования годовых, месячных, суточных и внутрисуточных режимов работы электроэнергетических систем устанавливаются документами, утверждаемыми системным оператором ЕЭС России и организацией по управлению ЕНЭС с организацией, выполняющей функции системного оператора ОЭС Беларуси, и системным оператором ЕЭС Казахстана, и системным оператором ЕЭС Казахстана и организацией по управлению НЭС Кыргызстана по согласованию с системными операторами третьих государств, энергосистемы которых работают параллельно в рамках Объединенной энергетической системы Центральной Азии, а также системным оператором ЭЭС Армении по согласованию с системными операторами энергосистем третьих государств, через которые осуществляется передача электрической энергии (мощности) между ЕЭС России и ЭЭС Армении.

      2.3. Функции и полномочия координатора планирования и остальных системных операторов электроэнергетических систем государств-членов.

      2.3.1. Координатор планирования осуществляет:

      - формирование базовых расчетных моделей;

      - организацию информационного обмена с организацией, выполняющей функции системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, в том числе для учета заявленных объемов поставок электроэнергии (мощности) и МГП через государственную границу между Кыргызской Республикой и Республикой Казахстан," системным оператором ЭЭС Армении для целей планирования;

      - проведение расчетов электроэнергетических режимов на основе данных, полученных от организации, выполняющей функции системного оператора ОЭС Беларуси, системного оператора ЕЭС Казахстана, в том числе учитывающих заявленные объемы поставок электроэнергии (мощности) и МГП через государственную границу между Кыргызской Республикой и Республикой Казахстан, системного оператора ЭЭС Армении для целей планирования;

      - корректировку межгосударственного перетока между электроэнергетическими системами (частями электроэнергетических систем) государств-членов в случае, если при расчете выявлены нереализуемость электрических режимов или превышение максимально допустимых перетоков в контролируемых сечениях расчетной модели при заявленных объемах поставок и МГП, с учетом обеспечения принципов приоритетности, определенных в подпункте 2 пункта 4 Протокола об общем электроэнергетическом рынке Евразийского экономического союза (приложение № 21 к Договору о Евразийском экономическом союзе):

      1) обеспечение внутренних потребностей государства-члена, через электроэнергетическую систему которого планируется осуществление МГП;

      2) обеспечение МГП электрической энергии (мощности) из одной части электроэнергетической системы государства-члена в другую ее часть через электроэнергетическую систему сопредельного государства-члена;

      3) обеспечение МГП электрической энергии (мощности) через электроэнергетическую систему государства-члена из электроэнергетической системы одного государства-члена в электроэнергетическую систему другого государства-члена;

      4) обеспечение МГП электрической энергии (мощности) через электроэнергетическую систему государства-члена в целях исполнения обязательств в отношении субъектов электроэнергетики третьих государств, не входящих в Союз;

      - доведение до организации, выполняющей функции системного оператора ОЭС Беларуси, системного оператора ЕЭС Казахстана, организации по управлению НЭС Кыргызстана результатов указанных выше расчетов.

      2.3.2. В случае если при расчете выявлены нереализуемость электрических режимов или превышение максимально допустимых перетоков в контролируемых сечениях расчетной модели, координатор планирования направляет в организацию, выполняющую функцию системного оператора ОЭС Беларуси, системному оператору ЕЭС Казахстана, организации по управлению НЭС Кыргызстана и организацию по управлению ЕНЭС величины необходимых корректировок величин сальдо-перетоков (балансов) электроэнергетических систем.

      Организация, выполняющая функцию системного оператора ОЭС Беларуси, системный оператор ЕЭС Казахстана, организация по управлению НЭС Кыргызстана, системный оператор ЭЭС Армении и организация по управлению ЕНЭС корректируют объемы поставок электроэнергии (мощности) по всем договорам, в том числе МГП на основе указанной выше приоритетности, либо принимают иные меры по снятию нарушений допустимых перетоков в контролируемых сечениях, выявленных по итогам расчетов координатором планирования.

      Информация о скорректированных договорных объемах поставок электроэнергии (мощности) по всем договорам, в том числе МГП между государствами-членами, доводится организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, организацией по управлению НЭС Кыргызстана и организацией по управлению ЕНЭС до субъектов внутренних рынков электрической энергии государств-членов по заключенным договорам.

      2.3.3. Координатор планирования имеет право в случае неполучения от организации, выполняющей функцию системного оператора ОЭС Беларуси, системного оператора ЕЭС Казахстана, организации по управлению НЭС Кыргызстана, системного оператора ЭЭС Армении актуальных данных для планирования либо получения данных, содержащих технические ошибки или заведомо недостоверных данных, использовать замещающую информацию, содержание и порядок применения которой устанавливаются документами, утверждаемыми организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, организацией по управлению НЭС Кыргызстана, системным оператором ЭЭС Армении и системным оператором ЕЭС России.

      2.4. Годовое планирование.

      2.4.1. Годовое планирование выполняется в сроки и порядке, определяемые организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, организацией по управлению НЭС Кыргызстана, системным оператором ЭЭС Армении и системным оператором ЕЭС России.

      2.4.2. Организация, выполняющая функцию системного оператора ОЭС Беларуси, системный оператор ЕЭС Казахстана и организация по управлению ЕНЭС формируют проекты графиков ремонтов электросетевого оборудования на планируемый календарный год и представляют их координатору планирования. Координатор планирования согласовывает график ремонтов электросетевого оборудования на планируемый календарный год и направляет его организации, выполняющей функцию системного оператора ОЭС Беларуси, системному оператору ЕЭС Казахстана и в организацию по управлению ЕНЭС. Перечень электросетевых объектов, ремонты которого подлежат согласованию в рамках годового (а также месячного) графика ремонтов, и временной регламент его формирования устанавливается организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана и системным оператором ЕЭС России.

      Системный оператор ЭЭС Армении, организация по управлению НЭС Кыргызстана формируют и представляют координатору планирования графики ремонтов электросетевого оборудования ЭЭС Армении и ЭС Кыргызстана, включенного в расчетную модель. Графики ремонтов электросетевого оборудования ЭЭС Армении и ЭС Кыргызстана, включенного в расчетную модель, не подлежат согласованию с координатором планирования.

      2.4.3. Организация, выполняющая функцию системного оператора ОЭС Беларуси, системный оператор ЕЭС Казахстана, в том числе для учета заявленных объемов поставок электроэнергии (мощности) и МГП через государственную границу между Кыргызской Республикой и Республикой Казахстан, системный оператор ЭЭС Армении передают координатору планирования информацию для годового планирования по соответствующей национальной электроэнергетической системе (потребление, генерация, сальдо перетоков, ремонты сетевого оборудования), сформированную ими исходя из прогнозных балансов электрической энергии, мощности на час максимума характерного рабочего дня.

      2.4.4. Результатами планирования являются уточненное прогнозное значение сальдо перетоков ЕЭС России - ЕЭС Казахстана, ЭС Кыргызстана - ЕЭС Казахстана и ЕЭС России - ОЭС Беларуси, а также прогнозный объем передачи электрической энергии (мощности) между ЕЭС России и ЭЭС Армении.

      2.4.5. Координатор планирования производит расчет режимов и высылает организации, выполняющей функцию системного оператора ОЭС Беларуси, системному оператору ЕЭС Казахстана, организации по управлению НЭС Кыргызстана, системному оператору ЭЭС Армении результаты расчетов.

      2.5. Месячное планирование.

      2.5.1. Месячное планирование выполняется в сроки и порядке, определяемые организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, организацией по управлению НЭС Кыргызстана, системным оператором ЭЭС Армении и системным оператором ЕЭС России, по той же схеме, что и годовое планирование, с обменом данными и результатами в месячном разрезе.

      2.6. Суточное и внутрисуточное планирование.

      2.6.1. Суточное и внутрисуточное планирование выполняется в сроки и порядке, определяемые организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана", организацией по управлению НЭС Кыргызстана, системным оператором ЭЭС Армении и системным оператором ЕЭС России.

      2.6.2 Ежесуточно организация, выполняющая функцию системного оператора ОЭС Беларуси, системный оператор ЕЭС Казахстана в том числе с учетом заявленных объемов поставок электроэнергии (мощности) и МГП через государственную границу между Кыргызской Республикой и Республикой Казахстан, системный оператор ЭЭС Армении, системный оператор ЭЭС Армении предоставляют координатору планирования данные для актуализации расчетной модели на планируемые сутки (далее — сутки X) в виде наборов 24 часовых актуализированных данных (с 00:00 до 24:00 часов), которые включают в себя:

      - планируемые ремонты элементов электросетевого оборудования 220 кВ и выше электроэнергетической системы;

      - почасовые графики потребления и генерации суммарно по электроэнергетической системе (в том числе по отдельным энергорайонам, установленным организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, организацией по управлению НЭС Кыргызстана, системным оператором ЭЭС Армении и системным оператором ЕЭС России при формировании состава расчетной модели);

      - почасовые графики сальдо перетоков (за положительное сальдо перетоков электроэнергетической системы принимается ее дефицит).

      Организация по управлению ЕНЭС представляет координатору планирования суммарные значения согласованных с организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, в том числе в отношении заявленных объемов поставок электроэнергии (мощности) и МГП через государственную границу между Кыргызской Республикой и Республикой Казахстан, и системным оператором ЭЭС Армении почасовых графиков объемов поставок электрической энергии между ЕЭС России, ОЭС Беларуси, ЕЭС Казахстана, ЭС Кыргызстана и ЭЭС Армении по всем видам договоров, в том числе МГП, между государствами-членами.

      2.6.3. В случае если данные для актуализации расчетной модели не переданы организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, в том числе с учетом заявленных объемов поставок электроэнергии (мощности) и МГП через государственную границу между Кыргызской Республикой и Республикой Казахстан координатору планирования, последний использует замещающую информацию, установленную организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, в том числе с учетом заявленных объемов поставок электроэнергии (мощности) и МГП через государственную границу между Кыргызской Республикой и Республикой Казахстан, системным оператором ЭЭС Армении и системным оператором ЕЭС России по согласованию между ними при формировании состава расчетной модели.

      2.6.4. Координатор планирования осуществляет актуализацию расчетной модели и выполнение расчетов электрических режимов.

      2.6.5. Координатор планирования производит расчет режимов и передает организации, выполняющей функцию системного оператора ОЭС Беларуси, системному оператору ЕЭС Казахстана, организации по управлению НЭС Кыргызстана, системному оператору ЭЭС Армении результаты расчетов в согласованном формате.

      2.6.6. В случае если заявленные значения объемов поставок и МГП между государствами-членами не являются реализуемыми, организация, выполняющая функцию системного оператора ОЭС Беларуси, системный оператор ЕЭС Казахстана, организация по управлению НЭС Кыргызстана, системный оператор ЭЭС Армении и организация по управлению ЕНЭС предпринимают меры по корректировке объемов поставок и МГП с учетом приоритетности, определенной в пункте 2.3.1 настоящей Методологии.

      2.6.7. В случае если в результате непрогнозируемого изменения электропотребления и/или схемно-режимных условий и/или при изменении условий договоров поставки требуется корректировка плановых объемов поставок и МГП между государствами-членами, в течение оперативных суток, организация, выполняющая функцию системного оператора ОЭС Беларуси, системный оператор ЕЭС Казахстана, в том числе с учетом заявленных объемов поставок электроэнергии (мощности) и МГП через государственную границу между Кыргызской Республикой и Республикой Казахстан, системный оператор ЭЭС Армении предоставляют координатору планирования:

      - данные для актуализации расчетной модели на текущие сутки в виде наборов часовых актуализированных данных на оставшиеся часы суток X в объеме, соответствующем информации, передаваемой для целей планирования на сутки вперед;

      - заявку с предлагаемым объемом изменения плановых объемов поставок и МГП между государствами-членами.

      2.6.8. Для каждого временного этапа внутри суток устанавливается предельное время подачи данных ("время закрытия ворот") и доведения результатов расчетов. Передача данных после "времени закрытия ворот" не допускается. Координатор планирования осуществляет актуализацию расчетной модели и выполнение расчетов электрических режимов на оставшиеся часы суток X.

      2.6.9. Результатом планирования является уточненный плановый почасовой график объемов поставок и МГП между государствами-членами на оставшиеся часы суток X. В случае невозможности выполнения уточненных плановых почасовых графиков в силу изменения схемно-режимных условий после времени внутрисуточной корректировки режимов, изменение объемов поставок и МГП между государствами-членами допускается на условиях предоставления аварийной помощи или вынужденных поставок электроэнергии согласно соответствующим специальным договорам на поставку электроэнергии между уполномоченными хозяйствующими субъектами государств-членов.

3. Перечень субъектов государств-членов, уполномоченных
на организацию и осуществление МГП с указанием функций,
выполняемых каждой организацией в рамках обеспечения МГП

      Сноска. Раздел 3 с изменениями, внесенными законами РК от 15.09.2021 № 64-VII ЗРК; от 18.09.2021 № 65-VII ЗРК.

      3.1. На территории Республики Беларусь.

      3.1.1. На территории Республики Беларусь организация и осуществление МГП возлагается на организацию, осуществляющую функцию управления ОЭС Беларуси и организацию, выполняющую функцию системного оператора ОЭС Беларуси, с выполнением при этом следующих функций:

      - оказание услуг по передаче электрической энергии по передающей электрической сети (организации, подчиненные организации, осуществляющей функцию управления ОЭС Беларуси, при общей координации организации, осуществляющей функцию управления ОЭС Беларуси);

      - оказание услуг по технической диспетчеризации МГП (организацию, выполняющую функцию системного оператора ОЭС Беларуси);

      - взаимодействие с электроэнергетическими системами сопредельных государств по управлению параллельной работой и обеспечению устойчивости (организация, выполняющая функцию системного оператора ОЭС Беларуси).

      3.2. На территории Республики Казахстан.

      3.2.1. На территории Республики Казахстан организация и осуществление МГП возлагается на системного оператора с выполнением следующих функций:

      - оказание услуг по передаче электрической энергии по Национальной электрической сети;

      - оказание услуг по технической диспетчеризации отпуска в сеть и потребления электрической энергии;

      — оказание услуг по организации балансирования производства - потребления электрической энергии;

      - взаимодействие с электроэнергетическими системами сопредельных государств по управлению и обеспечению устойчивости режимов параллельной работы.

      3.3. На территории Российской Федерации.

      3.3.1. Обеспечение МГП между государствами-членами через ЕЭС России в соответствии с законодательством Российской Федерации подразумевает осуществление комплекса действий, связанных с:

      3.3.1.1. Оказанием услуг по оперативно-диспетчерскому управлению в электроэнергетике, в том числе по управлению режимами параллельной работы ЕЭС России и электроэнергетических систем других государств-членов, обеспечению замещения электрической энергии (мощности) и скоординированного планирования;

      3.3.1.2. Оказанием услуг по передаче (перемещению) электрической энергии по единой национальной (общероссийской) электрической сети, в том числе для обеспечения МГП между государствами-членами;

      3.3.1.3. Особенностями оборота электрической энергии и мощности на оптовом рынке электроэнергии и мощности Российской Федерации, в том числе в случае необходимости обеспечения взаимосвязанной и одновременной поставки равных объемов электрической энергии (мощности) в ЕЭС России и из нее через разные точки поставки, расположенные на границе (границах) Российской Федерации с государствами-членами.

      3.3.2. МГП между государствами-членами обеспечивается следующими уполномоченными организациями:

      3.3.2.1. Системным оператором ЕЭС России - в части организации и управления режимами параллельной работы ЕЭС России с ЕЭС Казахстана и ОЭС Беларуси;

      3.3.2.2. Организацией по управлению ЕНЭС — в части оказания услуг, связанных с перемещением (с использованием принципа замещения) электрической энергии при МГП между государствами-членами через ЕЭС России и организации параллельной работы ЕЭС России с ЕЭС Казахстана и ОЭС Беларуси, в том числе взаимодействия с зарубежными уполномоченными организациями по планированию МГП (годовое, месячное, почасовое), разнесения фактических почасовых объемов перемещенной через государственную границу Российской Федерации и государств-членов электроэнергии с учетом скорректированных плановых объемов по коммерческим контрактам; определения почасовых отклонений фактических объемов перемещенной через государственную границу между Российской Федерацией и государствами-членами от плановых; осуществления коммерческого учета электроэнергии в точках поставки, расположенных на общих границах государств-членов;

      3.3.2.3. Коммерческим оператором - организацией, осуществляющей функции по организации оптовой торговли электрической энергией, мощностью и иными допущенными к обращению на оптовом рынке товарами и услугами;

      3.3.2.4. Организацией, осуществляющей функции по оказанию услуги по расчету требований и обязательств участников оптового рынка;

      3.3.2.5. Коммерческим агентом - участником оптового рынка электроэнергии и мощности, осуществляющим экспортно-импортные операции, в части организации доступа к участию объемов электрической энергии (мощности), заявленных для обеспечения МГП между государствами-членами, в отношениях на оптовом рынке электроэнергии и мощности и урегулированию отношений, связанных с отклонениями фактического сальдо перетока от планового.

      3.4. На территории Республики Армения.

      3.4.1. На территории Республики Армения организация МГП возлагается на системного оператора ЭЭС Армении в части организации и управления режимами работы электрических связей между ЭЭС Армении и энергосистемами третьих государств, через которые осуществляется передача электрической энергии (мощности) между ЭЭС Армении и ЕЭС России, с выполнением следующих функций:

      - краткосрочное планирование и диспетчерское управление ЭЭС Армении;

      - оперативное управление ЭЭС Армении;

      - планирование развития сети передачи электроэнергии;

      - обеспечение параллельной работы ЭЭС Армении с региональными электроэнергетическими системами, а также осуществление других предусмотренных условиями лицензии и правилами рынка функций, не являющихся эксклюзивными;

      - взаимодействие с системными операторами электроэнергетических систем третьих государств по организации и управлению режимами работы электрических связей между ЭЭС Армении и энергосистемами третьих государств.

      3.4.2. На территории Республики Армения осуществление МГП возлагается на уполномоченную организацию, осуществляющую передачу электрической энергии (мощности) по территории Республики Армения (далее - сетевой оператор Армении), с выполнением функции по оказанию услуг по передаче электрической энергии по ЭЭС Армении и транзита электрической энергии (мощности) в третьи страны.

      3.4.3. На территории Республики Армения контроль и учет МГП возлагаются на уполномоченную организацию, предоставляющую услуги оператора рынка, с выполнением следующих функций:

      - организация деятельности внутреннего оптового электроэнергетического рынка Армении;

      - учет участников внутреннего оптового электроэнергетического рынка Армении;

      - учет контрактов, заключенных между участниками внутреннего оптового электроэнергетического рынка Армении, и контрактов, предусматривающих импорт или экспорт электроэнергии;

      - учет электрической энергии (мощности), купленной и проданной в соответствии с договорами, заключенными на внутреннем оптовом электроэнергетическом рынке Армении, а также контрактов, предусматривающих импорт или экспорт электрической энергии;

      - подготовка и представление документов участникам внутреннего оптового электроэнергетического рынка Армении и поставщикам услуг;

      - осуществление других предусмотренных условиями лицензии и правилами рынка функций, не являющихся эксклюзивными.

      3.5. На территории Кыргызской Республики.

      На территории Кыргызской Республики организация и осуществление МГП возлагаются на организацию по управлению НЭС Кыргызстана с выполнением следующих функций:

      - оказание услуг по передаче электрической энергии по национальным электрическим сетям 110 - 500 кВ;

      - оперативно-диспетчерское управление национальными электрическими сетями;

      - управление режимами производства и потребления электрической энергии и мощности в Кыргызской Республике в режиме реального времени;

      - оказание услуг по покрытию неравномерности суточных графиков перетоков мощности (регулирование мощности);

      - взаимодействие с уполномоченными организациями электроэнергетических систем сопредельных государств по управлению и обеспечению устойчивости режимов параллельной работы.

4. Перечень составляющих, включаемых в тарифы субъектов
естественных монополий при осуществлении МГП

      Сноска. Раздел 4 с изменениями, внесенными законами РК от 15.09.2021 № 64-VII ЗРК; от 18.09.2021 № 65-VII ЗРК.

      4.1. На территории Республики Беларусь.

      4.1.1. Затраты Зсет на услуги по МГП по передающей сети Республики Беларусь (далее - ПС), включаемые в тарифы субъектов естественных монополий при осуществлении МГП между государствами-членами, рассчитываются по формуле:

      Зсет= З(1+ИФ)(1+ПР)(1+Н), где

      З - общие затраты на содержание и эксплуатацию ПС, относимые на МГП между государствами-членами, определяемые в установленном уполномоченным государственным органом порядке;

      ИФ - доля отчислений в инновационный фонд;

      ПР - доля отчислений на прибыль, определяемая в установленном законодательством Республики Беларусь порядке;

      Н - доля отчислений на налоги;

      Общие затраты 3 включают: затраты на эксплуатационно-ремонтное обслуживание; заработную плату; амортизацию; прочие денежные расходы (вспомогательные материалы, энергия со стороны, отчисления на социальное страхование и др.); затраты на компенсацию потерь электрической энергии.

      4.1.2. Тариф на услуги по МГП по сетям ОЭС Беларуси рассчитывается по формуле:



      Т — тариф на услуги по МГП по сетям ОЭС Беларуси;

      Эт - суммарный объем МГП между государствами-членами по сетям ОЭС Беларуси.

      4.2. На территории Республики Казахстан.

      4.2.1. В соответствии с законодательством Республики Казахстан тариф на услуги по передаче электрической энергии, в том числе МГП между государствами-членами, применяемый для потребителей, осуществляющих передачу электрической энергии, в том числе МГП, по сетям национальной электрической сети (далее - НЭС), рассчитывается по формуле:



      Т - тариф на услуги по передаче электрической энергии, в том числе МГП между государствами-членами, применяемый для потребителей, осуществляющих передачу электрической энергии, в том числе МГП, по сетям НЭС (тенге/кВт.ч);

      Z - общие затраты НЭС Республики Казахстан на услуги по передаче электрической энергии, в том числе МГП, определяемые в установленном законодательством порядке (млн. тенге);

      Р - уровень прибыли, необходимой для эффективного функционирования НЭС при оказании услуг по передаче электрической энергии, в том числе МГП, определяемый в установленном законодательством Республики Казахстан порядке (млн. тенге);

      Wсум - заявленный по договорам и контрактам суммарный объем передачи электрической энергии НЭС (млн. кВт.ч).

      4.2.2. В соответствии с законодательством Республики Казахстан при расчете тарифа на услуги по передаче электрической энергии по НЭС в тарифный доход включаются общие затраты на услуги по передаче электрической энергии по НЭС и уровень прибыли, необходимой для эффективного функционирования при оказании услуг по передаче электрической энергии (определяется исходя из задействованности активов).

      Затраты, включаемые в тариф на услуги по передаче электрической энергии, определяются в соответствии с законодательством Республики Казахстан.

      4.3. На территории Российской Федерации.

      4.3.1. Общие положения.

      В соответствии с законодательством Российской Федерации тариф на оказание услуг по передаче электрической энергии по ЕНЭС устанавливается в виде 2 ставок: ставки на содержание электрических сетей и ставки на компенсацию потерь электрической энергии в ЕНЭС.

      Аналогично составляющие расходов, включаемых в тариф на оказание услуг по МГП между государствами-членами через ЕЭС России подразделяются на составляющую расходов тарифа на услуги по МГП между государствами-членами на содержание объектов ЕНЭС и составляющую расходов тарифа на услуги по МГП между государствами-членами на компенсацию потерь электрической энергии и мощности в ЕНЭС.

      4.3.2. Определение расходов, включаемых в тарифы субъектов естественных монополий при осуществлении МГП между государствами-членами.

      4.3.2.1. Перечень составляющих расходов тарифа на услуги по МГП между государствами-членами на содержание объектов ЕНЭС.

      По ставке на содержание объектов ЕНЭС оплачивается мощность, заявленная к МГП между государствами-членами, определяемая в "точке выхода" перетока электроэнергии из электроэнергетической системы государства, по электрическим сетям которого осуществляется МГП между государствами-членами.

      При расчете ставки на содержание объектов ЕНЭС учитываются следующие установленные национальным регулирующим органом на соответствующий расчетный период экономически обоснованные расходы:

      - операционные расходы;

      - неподконтрольные расходы;

      - возврат инвестированного капитала (амортизационные отчисления) на инвестиции;

      - доход на инвестированный капитал.

      4.3.2.2. Перечень составляющих расходов тарифа на услуги по МГП между государствами-членами на компенсацию потерь электрической энергии и мощности в ЕНЭС.

      Расходы на компенсацию потерь электрической энергии и мощности в ЕНЭС определяются исходя из нормативных потерь электрической энергии в ЕНЭС, уменьшенных на объем потерь электрической энергии, учтенных в равновесных ценах на электрическую энергию, и цен покупки электрической энергии и мощности, сложившихся на оптовом рынке по итогам каждого расчетного периода по ГТП, соответствующей "точке выхода" перетока электроэнергии из электроэнергетической системы государства, по электрическим сетям которого осуществляется МГП между государствами-членами с учетом стоимости услуг инфраструктурных организаций соответствующего национального рынка.

      4.4. На территории Республики Армения.

      4.4.1. В соответствии с законодательством Республики Армения тариф на услуги по передаче электрической энергии по высоковольтным электрическим сетям, в том числе МГП между государствами-членами, утверждается уполномоченным государственным органом Республики Армения и рассчитывается по следующей формуле:

     


      Т - тариф (без налога на добавленную стоимость) на услуги по передаче электрической энергии по высоковольтным электрическим сетям, в том числе межгосударственной передаче между государствами-членами (драм/кВт.ч);

      НД - необходимый годовой доход сетевого оператора Республики Армения, осуществляющего передачу электрической энергии по высоковольтным электрическим сетям, который определяется в соответствии с законодательством Республики Армения и включает необходимые и обоснованные затраты на услуги по передаче электрической энергии по высоковольтным электрическим сетям, амортизацию основных средств и нематериальных активов, а также прибыль, необходимую для эффективного функционирования содержащей высоковольтные электрические сети организации при оказании услуг по передаче электрической энергии (драм);

      Wcyм - заявленный по договорам и контрактам суммарный годовой объем передачи электрической энергии по высоковольтным электрическим сетям как для потребителей внутреннего оптового электроэнергетического рынка Армении, так и для экспорта (кВт.ч).

      4.4.2. Налог на добавленную стоимость на услуги по передаче электрической энергии по высоковольтным электрическим сетям определяется согласно законодательству Республики Армения.

      4.5. На территории Кыргызской Республики.

      4.5.1. В соответствии с законодательством Кыргызской Республики тариф на услуги по передаче электрической энергии по национальным электрическим сетям, в том числе МГП между государствами-членами, рассчитывается по формуле:

     

,

      где:

      Т - тариф (без учета налога на добавленную стоимость) на услуги по передаче электрической энергии по национальным электрическим сетям (сом/кВт.ч);

      З - общие годовые затраты организации по управлению НЭС Кыргызстана на услуги по передаче электрической энергии по национальным электрическим сетям, определяемые в установленном законодательством Кыргызской Республики порядке (млн сом);

      Р - годовой уровень прибыли (млн сом);

      П - заявленный по договорам и контрактам годовой суммарный объем передачи электрической энергии (млн кВт.ч).

      4.5.2. В общие годовые затраты организации по управлению НЭС Кыргызстана на услуги по передаче электрической энергии по национальным электрическим сетям включаются затраты на ремонтно-эксплуатационное обслуживание (с учетом материальных трудовых и иных затрат), обслуживание долга (кредиты) и амортизация по вложенным в активы средствам, капитальные вложения, затраты на компенсацию потерь электрической энергии, покупка электроэнергии, отчисления в госорганы и др.

      Затраты, включаемые в тариф на услуги по передаче электрической энергии по национальным электрическим сетям, определяются в соответствии с законодательством Кыргызской Республики.

5. Перечень составляющих, связанных с осуществлением МГП,
не включаемых в тарифы субъектов естественных монополий

      Сноска. Раздел 5 с изменениями, внесенными законами РК от 15.09.2021 № 64-VII ЗРК; от 18.09.2021 № 65-VII ЗРК.

      5.1. На территории Республики Беларусь.

      В Республике Беларусь системные затраты Зсист включают утверждаемые уполномоченным государственным органом затраты на поддержание резерва генерирующих мощностей для обеспечения МГП между государствами-членами, определяемые с учетом доли мощности МГП в общей величине мощности, передаваемой по сетям ОЭС Беларуси, а также на услуги по технической диспетчеризации МГП между государствами-членами.

      5.2. На территории Республики Казахстан.

      При формировании тарифа на услуги по МГП между государствами-членами не учитываются расходы в соответствии с законодательством Республики Казахстан.

      5.3. На территории Российской Федерации.

      В целях обеспечения замещения электрической энергии (мощности) объемы электроэнергии, подлежащие МГП между государствами-членами, должны учитываться на оптовом рынке при подаче ценовых заявок, проведении конкурентного отбора ценовых заявок на сутки вперед, определении рыночных цен и доли системных затрат, связанных со взаимосвязанной и одновременной поставкой равных объемов электрической энергии (мощности) в разных точках поставки на границе (границах) ЕЭС России. Системные затраты складываются из следующих составляющих:

      5.3.1. Составляющая, связанная с компенсацией стоимости нагрузочных потерь электрической энергии и системных ограничений при осуществлении МГП между государствами-членами через ЕЭС России (разница узловых цен):







      - цена, сложившаяся в результате конкурентного отбора ценовых заявок на сутки вперед в час h месяца m на сечении экспорта-импорта, соответствующем "точке выхода" перетока электроэнергии из ЕЭС России в рамках МГП;



      - цена, сложившаяся в результате конкурентного отбора ценовых заявок на сутки вперед в час h месяца m на сечении экспорта-импорта, соответствующем "точке входа" перетока электроэнергии в ЕЭС России в рамках МГП;



      - объем МГП через ЕЭС России в час h месяца m.

      5.3.2. Составляющая, связанная с необходимостью наличия резерва генерирующих мощностей для реализации режимов работы ЕЭС России, обеспечивающих МГП:




      Пикm - пиковая мощность, соответствующая максимальному заявленному часовому объему МГП в месяце m;



      _ плановый коэффициент резервирования в ЗСПi, учитываемый системным оператором при проведении конкурентного отбора мощности на соответствующий год;



      - предварительная цена конкурентного отбора для потребителей в ЗСПi на соответствующий год (определяется системным оператором в соответствии с правилами оптового рынка электрической энергии и мощности);

      ЗСПi — зона свободного перетока, к которой отнесены точки поставки, соответствующие "точке выхода" электрической энергии из ЕЭС России при осуществлении МГП.

      При определении стоимости МГП также учитывается разница между плановыми ценами для покупателей, определенных по результатам конкурентного отбора мощности, в зонах свободного перетока (группах зон свободного перетока), соответствующих точкам "входа" и "выхода" МГП.

      5.4. На территории Республики Армения.

      При формировании тарифа на услуги по МГП между государствами-членами не учитываются расходы в соответствии с законодательством Республики Армения.

      5.5. На территории Кыргызской Республики.

      При формировании тарифа на услуги по МГП между государствами-членами не учитываются расходы в соответствии с законодательством Кыргызской Республики.

6. Требования к договорному оформлению МГП в соответствии с законодательством государств-членов

      Сноска. Раздел 6- в редакции Закона от 18.09.2021 № 65-VII ЗРК; с изменениями, внесенными Законом РК от 15.09.2021 № 64-VII ЗРК.

      6.1. На территории Республики Беларусь.

      МГП между государствами-членами через электроэнергетическую систему Республики Беларусь осуществляется при условии согласования объемов электрической энергии и мощности, предполагаемых к МГП в соответствии с разделом 1 и пунктами 2.4 - 2.6 раздела 2 настоящей Методологии и договорами на МГП с уполномоченной организацией Республики Беларусь.

      Стоимость услуг по МГП по каждому договору определяется по следующей формуле:

     

.

      6.2. На территории Республики Казахстан.

      На территории Республики Казахстан МГП между государствами-членами осуществляется на основании договоров на оказание услуг по передче электрической энергии, заключаемых по типовой форме, утверждаемой Правительством Республики Казахстан. При этом в договорах на осуществление МГП могут учитываться особенности такой передачи.

      6.3. На территории Российской Федерации.

      6.3.1. МГП между государствами-членами через ЕЭС России осуществляется при наличии следующих договоров:

      6.3.1.1. Договоров коммерческого агента с уполномоченной организацией от Республики Беларусь, или Республики Казахстан, или Кыргызской Республики, или Республики Армения в целях обеспечения доступа к услугам субъектов естественных монополий и взаимосвязанной и одновременной поставки равных объемов электрической энергии (мощности), заявленных для осуществления МГП, в разных точках поставки на границе (границах) ЕЭС России.

      Стоимость МГП между государствами-членами через ЕЭС России в месяце m определяется в таких договорах по следующей формуле:


     

,

      где:

     

 - стоимость услуг организации по управлению ЕНЭС, оплачиваемая в соответствии с законодательством Российской Федерации;

     

 - стоимость услуг системного оператора, оплачиваемая в соответствии с законодательством Российской Федерации;

     

 - стоимость услуг, связанных с действиями на оптовом рынке электрической энергии (мощности), сопровождающими МГП через ЕЭС России, в месяце m;

       

     

,

      где:

     

 - стоимость услуги коммерческого оператора по организации оптовой торговли электрической энергией, мощностью и иными допущенными к обращению на оптовом рынке товарами и услугами в месяце m;

     

- стоимость комплексной услуги по расчету требований и обязательств, определяемая договором о присоединении к торговой системе оптового рынка в месяце m;

     

- затраты коммерческого агента, определяемые в двустороннем порядке в договорах, заключаемых коммерческим агентом.

      В случае осуществления МГП по территории Российской Федерации с целью поставок электрической энергии в Республику Армения (из Республики Армения) указанная величина включает также компенсацию подтвержденных отчетными документами организаций коммерческой инфраструктуры Российской Федерации затрат, понесенных коммерческим агентом на оптовом рынке электрической энергии (мощности) Российской Федерации, связанных с особенностями определения фактического объема МГП в таких случаях.

      6.3.1.2. Договоров (технических соглашений) о параллельной работе электроэнергетических систем между организациями сопредельных государств-членов, осуществляющими функции по оперативно-диспетчерскому управлению в электроэнергетике и по передаче (перемещению) электрической энергии по национальной электрической сети.

      6.3.1.3. Договоров купли-продажи электроэнергии между уполномоченными организациями Российской Федерации (в соответствии с разделом 3 настоящей Методологии) и сопредельных государств-членов, заключаемых в целях компенсации величин отклонений фактических сальдо перетоков электрической энергии по межгосударственным сечениям от плановых значений, возникающих при перемещении электрической энергии через государственные границы государств-членов и определяемых в соответствии с согласованным государствами-членами порядком.

      6.3.2. МГП по территории Российской Федерации с целью поставок электрической энергии в Республику Армения (из Республики Армения) осуществляется при урегулировании вопросов, связанных:

      - с обеспечением параллельной работы ЕЭС России и энергосистемы третьего государства между соответствующими уполномоченными организациями;

      - с организацией обмена данными коммерческого учета о почасовых фактических объемах межгосударственных перетоков электрической энергии между соответствующими хозяйствующими субъектами Российской Федерации и третьего государства;

      - с определением фактических сальдо перетоков электрической энергии, перемещенной через государственные границы Российской Федерации и третьего государства, и почасовых отклонений фактических сальдо перетоков электрической энергии от плановых значений, возникающих при перемещении электрической энергии через государственные границы Российской Федерации и третьего государства и определяемых в соответствии с согласованным такими государствами порядком;

      - с распределением объема электрической энергии, перемещенной через государственные границы Российской Федерации и третьего государства, по договорам, заключенным между хозяйствующими субъектами Российской Федерации и третьего государства, включая объемы МГП;

      - с куплей-продажей электрической энергии в целях урегулирования почасовых отклонений фактических сальдо перетоков электрической энергии от плановых значений, возникающих при перемещении электрической энергии через государственные границы Российской Федерации и третьего государства и определяемых в соответствии с согласованными такими государствами порядком, между уполномоченными хозяйствующими субъектами Российской Федерации и третьего государства.

      6.4. На территории Республики Армения.

      МГП осуществляется на основании договоров на оказание услуг по передаче электрической энергии, заключаемых по типовой форме, утверждаемой уполномоченным государственным органом Республики Армения. При этом в договорах на осуществление МГП могут учитываться особенности такой передачи, связанные с передачей электрической энергии через энергосистемы третьих государств.

      6.5. Вопросы, связанные с необходимостью передачи электрической энергии (мощности) между Республикой Армения и Российской Федерацией через территории третьих государств при осуществлении МГП, регулируются на двусторонней основе заинтересованными в осуществлении МГП хозяйствующими субъектами государств-членов с соответствующими хозяйствующими субъектами третьих государств.

      6.6. На территории Кыргызской Республики.

      На территории Кыргызской Республики МГП между государствами-членами осуществляется на основании договоров на оказание услуг по передаче электрической энергии, заключаемых с организацией по управлению НЭС Кыргызстана в соответствии с настоящей Методологией.

7. Порядок организации обмена данными коммерческого
учета о почасовых фактических объемах межгосударственных
перетоков электрической энергии между хозяйствующими
субъектами государств-членов

      7.1 Настоящий Порядок определяет основные направления двустороннего взаимодействия в части получения почасовых данных коммерческого учета; порядок определения оперативного6 почасового перетока электрической энергии по межгосударственным линиям электропередачи (далее - МГЛЭП) между Республикой Казахстан и Российской Федерацией с учетом использования почасовых данных коммерческого учета и согласованных методик до расчета указанных данных коммерческого учета до значений в точках поставки; порядок, определяющий процедуры обмена данными коммерческого учета и согласования данных коммерческого учета, приведенных к значениям в точках поставки.

      Условия и порядок формирования и обмена почасовыми данными коммерческого учета электроэнергии по МГЛЭП определяются в соответствии с двухсторонними Соглашениями об обмене данными почасовых величин перетоков электроэнергии по точкам учета на МГЛЭП.

      7.2. Оперативный обмен информацией.

      Ежесуточно (или по согласованию государств-членов в иной промежуток времени) соответствующие хозяйствующие субъекты государств-членов формируют величины почасовых перетоков электроэнергии по МГЛЭП, обмениваются полученными данными, выполняют соответствующие расчеты, проводят оценку соответствия данных.

      Для оперативного обмена информацией, содержащей значения почасовых перетоков электроэнергии, передаваемой по МГЛЭП, используются согласованные форматы передачи данных.

      7.3. Расчет почасовых значений на точку поставки.

      Расчет почасовых значений на точку поставки производится в соответствии с согласованными в двухсторонних Соглашениях методиками расчета фактических объемов переданной и полученной электрической энергии.

      _________________________________

      6Под оперативными почасовым перетоком понимаются почасовые данные коммерческого учета (получасовые или почасовые), полученные в отношении всех точек учета, включенных в переток из автоматизированных систем коммерческого учета электроэнергии (далее - АСКУЭ) с использованием технических возможностей комплексов коммерческого учета.

8. Порядок определения фактического сальдо перетока
электроэнергии по межгосударственным линиям
электропередачи государств-членов

      Сноска. Раздел 8 с изменениями, внесенными Законом РК от 15.02.2021 № 6-VII.

      Настоящий порядок, определяющий фактические объемы перемещаемой через межгосударственные сечения электрической энергии за календарный месяц, предназначен для использования уполномоченными организациями государств-членов.

      Фактический сальдо переток электрической энергии, перемещенной через межгосударственные сечения государств-членов, определяется как алгебраическая сумма принятого (WП1_гран) и/или отданного (WO1_гран) количества электрической энергии за каждый календарный месяц в каждой точке поставки (WСальдо_гран).

      Значения электрической энергии, приведенные к таможенной границе Союза и (или) государственной границе государства-члена с другими государствами-членами (к точке поставки) за календарный месяц по всем включенным в работу МГЛЭП в режимах "Прием", "Отдача" и сальдо рассчитываются по формулам:







      WСальдо_гран, = WП1_гран + WО1_гран, где:

      W(фактП1)i - фактическое количество принятой электрической энергии в каждой точке поставки по i-ой МГЛЭП за календарный месяц. Для подстановки в формулу расчета сальдо-перетока значение берется с учетом знака (направления перетока);

      W(факт01)i - фактическое количество отданной электрической энергии в каждой точке поставки по i-ой МГЛЭП за календарный месяц. Для подстановки в формулу расчета сальдо-перетока значение берется с учетом знака (направления перетока);

      R — количество МГЛЭП на межгосударственном сечении, включенных в работу в течение календарного месяца.

9. Порядок расчета объемов и стоимости отклонений
фактических перетоков по межгосударственным сечениям
от плановых при осуществлении МГП в рамках Союза

      Сноска. Раздел 9 с изменениями, внесенными законами РК от 15.09.2021 № 64-VII ЗРК; от 18.09.2021 № 65-VII ЗРК.

      Фактические поставки по межгосударственным сечениям включают в себя следующие составляющие: объемы МГП, объемы коммерческих договоров, заключаемых хозяйствующими субъектами государств-членов, объемы аварийной помощи и объемы, обусловленные отклонением фактических значений сальдо-перетоков от плановых.

      Расчет величин почасовых отклонений фактического сальдо-перетока от запланированного и определение объемов отклонений в зависимости от их инициативы осуществляется организацией по управлению ЕНЭС, системным оператором ЕЭС России, организацией, выполняющей функцию системного оператора ОЭС Беларуси, системным оператором ЕЭС Казахстана, организацией по управлению НЭС Кыргызстана, системным оператором ЭЭС Армении на основе следующих принципов:

      - при осуществлении МГП по территории Российской Федерации почасовые величины объемов МГП принимаются равными соответствующим плановым значениям, учтенным в суточном диспетчерском графике. В случае если при осуществлении МГП по территории Российской Федерации с целью поставок электрической энергии в Республику Армения (из Республики Армения) фактическое сальдо перетоков электрической энергии, перемещенной через государственные границы Российской Федерации с третьим государством и через государственные границы третьего государства с Республикой Армения, с учетом приоритетности, определенной в пункте 2.3.1 настоящей Методологии, меньше планового значения, то фактический почасовой объем МГП по договорам коммерческого агента с заинтересованными хозяйствующими субъектами государств-членов, а также фактический почасовой объем передачи электрической энергии по договору на оказание услуг по передаче электрической энергии с соответствующим хозяйствующим субъектом третьего государства принимаются равными минимальному значению из соответствующих значений фактических сальдо перетоков электрической энергии, перемещенной через государственные границы Российской Федерации с третьим государством и через государственные границы третьего государства с Республикой Армения.

      - фактические почасовые объемы поставки электроэнергии по коммерческим договорам в каждом часе расчетного периода принимаются равными соответствующим плановым значениям, учтенным в суточном диспетчерском графике с учетом согласованных в установленном порядке корректировок;

      - объемы почасовых отклонений, урегулируемых в рамках отношений с электроэнергетическими системами третьих государств, (внешнее балансирование), учитываются в объемах отклонений в рамках Союза. Порядок определения объемов внешнего балансирования согласовывается системными операторами (с участием организации по управлению ЕНЭС) смежных электроэнергетических систем государств-членов;

      - объемы оказания аварийной помощи определяются условиями договоров купли/продажи электроэнергии при оказании аварийной помощи, заключаемых между субъектами внутренних национальных рынков.

      Объемы почасовых отклонений подлежат финансовому урегулированию между уполномоченными хозяйствующими субъектами государств-членов в соответствии с договорами, заключение которых в обеспечение МГП для каждого из государств-членов предусмотрено разделом 6 настоящей Методологии.

      Исходя из необходимости соблюдения условий договоров

      (технических соглашений) о параллельной работе электроэнергетических систем, в том числе в части регулирования частоты в электроэнергетических системах государств-членов и поддержания согласованных сальдо-перетоков по межгосударственным сечениям, стоимость отклонений должна компенсировать субъектам внутренних национальных рынков электрической энергии (мощности) обоснованные затраты, которые они несут в результате участия в отношениях по балансированию системы на национальном рынке электрической энергии (мощности).

      Расчет стоимости отклонений должен проводиться с учетом особого порядка учета объемов покупки/продажи электроэнергии (мощности) в целях технологического обеспечения параллельной работы электроэнергетических систем в объемах, не превышающих значений, установленных в договорах (технических соглашениях) о параллельной работе электроэнергетических систем или иных договорах, регулирующих взаимоотношения в сфере электроэнергетики между государствами-членами.

      При осуществлении МГП по территории Российской Федерации, когда не требуется передача электрической энергии (мощности) в Республику Армения (из Республики Армения) и (или) в Кыргызскую Республику (из Кыргызской Республики), используемые в расчете количественные и ценовые параметры электрической энергии (мощности), купленной и проданной в целях компенсации отклонений, подтверждаются отчетными документами организаций коммерческой инфраструктуры Российской Федерации.

      При осуществлении МГП по территории Российской Федерации с целью поставок электрической энергии (мощности) в Кыргызскую Республику (из Кыргызской Республики) используемые в расчете количественные и ценовые параметры электрической энергии (мощности), купленной и проданной в целях компенсации отклонений в точках поставки на государственных границах Российской Федерации с Республикой Казахстан, подтверждаются отчетными документами организаций коммерческой инфраструктуры Российской Федерации, а на государственных границах Республики Казахстан с Кыргызской Республикой - отчетными документами, составленными между системным оператором Республики Казахстан и организацией по управлению НЭС Кыргызстана.

      При осуществлении МГП по территории Российской Федерации с целью поставок электрической энергии в Республику Армения (из Республики Армения) используемые в расчете количественные и ценовые параметры электрической энергии (мощности), купленной и проданной в целях компенсации отклонений в точках поставки на государственных границах Российской Федерации с третьим государством, подтверждаются отчетными документами организаций коммерческой инфраструктуры Российской Федерации, а на государственных границах третьего государства с Республикой Армения - отчетными документами уполномоченной организации, предоставляющей услуги оператора рынка на территории Республики Армения.

      При расчете стоимости поставок по договорам повторный учет объемов электроэнергии (мощности) не допускается.

  ПРИЛОЖЕНИЕ № 22
к Договору о Евразийском
экономическом союзе



ПРОТОКОЛ
о правилах доступа к услугам субъектов естественных
монополий в сфере транспортировки газа по газотранспортным
системам, включая основы ценообразования и тарифной
политики

      1. Настоящий Протокол в соответствии со статьями 79, 80 и 83Договора о Евразийском экономическом союзе (далее - Договор) определяет основы сотрудничества в газовой сфере, принципы и условия обеспечения доступа к услугам субъектов естественных монополий в сфере транспортировки газа по газотранспортным системам, включая основы ценообразования и тарифной политики, для удовлетворения потребностей государств-членов.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "внутренние потребности в газе" — объемы газа, необходимые для потребления на территории каждого из государств-членов;

      "газ" - горючая смесь газообразных углеводородов и других газов, добываемых и (или) произведенных на территории государств-членов, состоящая в основном из метана, транспортируемая в сжатом газообразном состоянии по газотранспортным системам;

      "газодобывающие государства-члены" - государства-члены, на территории которых потребляется газа меньше, чем добывается и производится;

      "газопотребляющие государства-члены" - государства-члены, на территории которых потребляется газа больше, чем добывается и производится;

      "газотранспортные системы" - сооружения для транспортировки газа, включающие магистральные газопроводы и связанные с ними единым технологическим процессом объекты, кроме газораспределительных сетей;

      "доступ к услугам субъектов естественных монополий в сфере транспортировки газа" — предоставление права использования газотранспортных систем, управляемых субъектами естественных монополий государств-членов, для транспортировки газа;

      "равнодоходные цены на газ" - оптовые цены на газ, сформированные для удовлетворения внутренних потребностей исходя, в том числе, из следующих принципов:

      для газодобывающих государств-членов формирование рыночной оптовой цены осуществляется путем вычета из цены продажи газа на внешнем рынке величины пошлин, сборов, налогов, иных платежей, взимаемых в этих государствах, и стоимости транспортировки газа за пределами газодобывающих государств-членов с учетом разницы в стоимости транспортировки газа на внешнем и внутреннем рынках поставщика газа;

      для газопотребляющих государств-членов - рыночная оптовая цена, формирование которой осуществляется производителем газодобывающего государства путем вычета из цены продажи газа на внешнем рынке пошлин, сборов, налогов, иных платежей, а также стоимости транспортировки газа за пределами газодобывающего государства-члена;

      "услуги по транспортировке газа" - услуги по перемещению газа по газотранспортным системам;

      "уполномоченные органы" — государственные органы, уполномоченные государствами-членами для контроля реализации настоящего Протокола.

      3. Государства-члены осуществляют поэтапное формирование общего рынка газа Союза, а также обеспечивают доступ к услугам субъектов естественных монополий в сфере транспортировки газа по газотранспортным системам государств-членов, исходя из следующих основных принципов:

      1) неприменение во взаимной торговле ввозных и вывозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное значение);

      2) первоочередное обеспечение внутренних потребностей в газе государств-членов;

      3) цены и тарифы на услуги по транспортировке газа для удовлетворения внутренних потребностей государств-членов устанавливаются в соответствии с законодательством государств-членов;

      4) унификация норм и стандартов на газ государств-членов;

      5) обеспечение экологической безопасности;

      6) информационный обмен на основе информации, включающей в

      себя сведения о внутреннем потреблении газа.

      4. Доступ к услугам субъектов естественных монополий в сфере транспортировки газа предоставляется в соответствии с условиями настоящего Протокола только в отношении газа, происходящего с территории государств-членов. Положения настоящего Протокола не распространяются на отношения доступа к услугам субъектов естественных монополий в сфере транспортировки газа применительно к газу, происходящему с территорий третьих государств, и на отношения в сфере транспортировки газа с территории и на территорию Союза.

      5. Условием обеспечения предусмотренного настоящим Протоколом доступа к услугам субъектов естественных монополий в сфере транспортировки газа по газотранспортным системам государств-членов является реализация государствами-членами комплекса мер, включающего в себя следующие мероприятия:

      создание системы информационного обмена на основе информации, включающей в себя сведения о внутреннем потреблении газа;

      создание механизмов для подготовки индикативных (прогнозных) балансов в соответствии с настоящим Протоколом;

      унификация норм и стандартов на газ государств-членов;

      поддержание рыночных цен, обеспечивающих коммерческую рентабельность продажи газа на территориях государств-членов.

      Завершение выполнения государствами-членами указанного в настоящем пункте комплекса мер оформляется соответствующим протоколом.

      6. Государства-члены стремятся к достижению равнодоходных цен на газ на территориях всех государств-членов.

      7. После выполнения всеми государствами-членами комплекса мероприятий, изложенного в пункте 5 настоящего Протокола, государства-члены в пределах имеющихся технических возможностей, свободных мощностей газотранспортных систем, с учетом согласованного индикативного (прогнозного) баланса газа Союза и на основании гражданско-правовых договоров хозяйствующих субъектов обеспечивают доступ хозяйствующих субъектов других государств-членов к газотранспортным системам, расположенным на территориях государств-членов, для транспортировки газа, предназначенного для удовлетворения внутренних потребностей государств-членов, по следующим правилам:

      хозяйствующим субъектам государств-членов предоставляется доступ к газотранспортной системе другого государства-члена на равных условиях, включая тарифы, с производителями газа, не являющимися собственниками газотранспортной системы государства-члена, по территории которого осуществляется транспортировка;

      объемы, цены и тарифы на транспортировку газа, а также коммерческие и иные условия транспортировки газа по газотранспортным системам определяются гражданско-правовыми договорами между хозяйствующими субъектами государств-членов в соответствии с законодательством государств-членов.

      Государства-члены содействуют надлежащему выполнению действующих договоров на транспортировку газа по магистральным газопроводам между хозяйствующими субъектами, осуществляющими деятельность на территории их государств.

      8. В соответствии с Методологией формирования индикативных (прогнозных) балансов газа, нефти и нефтепродуктов уполномоченные органы государств-членов разрабатывают с участием Комиссии и согласовывают индикативный (прогнозный) баланс газа Союза (производство, потребление и поставки для удовлетворения внутренних потребностей, в том числе взаимные), который составляется на 5 лет и уточняется ежегодно до 1 октября.

      С учетом согласованного баланса газа государствами-членами предоставляется доступ к услугам субъектов естественных монополий в сфере транспортировки газа на внутренние рынки государств-членов.

      9. Государства-члены стремятся развивать долгосрочное взаимовыгодное сотрудничество в следующих областях:

      1) транспортировка газа по территориям государств-членов;

      2) строительство, реконструкция и эксплуатация газопроводов, подземных хранилищ газа и других объектов инфраструктуры газового комплекса;

      3) предоставление сервисных услуг, необходимых для удовлетворения внутренних потребностей в газе государств-членов.

      10. Государства-члены обеспечивают унификацию нормативно-технических документов, регламентирующих функционирование газотранспортных систем, расположенных на территориях государств-членов.

      11. Настоящий Протокол не затрагивает прав и обязательств государств-членов, вытекающих из других международных договоров, участниками которых они являются.

      К отношениям государств-членов в сфере транспортировки газа, не урегулированным Договором, применяется законодательство государств-членов.

      12. Положения раздела XVIII Договора применяются к субъектам естественных монополий, осуществляющим транспортировку газа, с учетом особенностей, предусмотренных настоящим Протоколом.

      13. На период до вступления в силу международного договора о формировании общего рынка газа Союза, предусмотренного пунктом 3 статьи 83 Договора, действуют двусторонние соглашения, заключенные между государствами-членами в области поставок газа, если соответствующие государства-члены не договорятся об ином.

  ПРИЛОЖЕНИЕ № 23
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о порядке организации, управления, функционирования
и развития общих рынков нефти и нефтепродуктов

      1. Настоящий Протокол в соответствии со статьями 79, 80 и 84Договора о Евразийском экономическом союзе (далее – Договор) определяет основы сотрудничества в нефтяной сфере, принципы формирования общего рынка нефти и нефтепродуктов Союза, а также принципы обеспечения доступа к услугам субъектов естественных монополий в сфере транспортировки нефти и нефтепродуктов.

      Настоящий Протокол разработан с учетом положений Концепции формирования общего энергетического рынка государств-членов Евразийского экономического сообщества от 12 декабря 2008 года и в целях эффективного использования потенциала топливно-энергетических комплексов государств-членов, а также обеспечения национальных экономик нефтью и нефтепродуктами.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "доступ к услугам субъектов естественных монополий в сфере транспортировки нефти и нефтепродуктов" – предоставление права использования систем транспортировки нефти и нефтепродуктов, управляемых субъектами естественных монополий государств-членов, для транспортировки нефти и нефтепродуктов;

      "нефть и нефтепродукты" – товары, определенные в соответствии с единой Товарной номенклатурой внешнеэкономической деятельности Евразийского экономического союза и Единым таможенным тарифом Евразийского экономического союза;

      "общий рынок нефти и нефтепродуктов государств-членов" – совокупность торгово-экономических отношений хозяйствующих субъектов государств-членов в сфере добычи, транспортировки, поставки, переработки и сбыта нефти и нефтепродуктов на территориях государств-членов, необходимых для удовлетворения потребностей в них государств-членов;

      "индикативные (прогнозные) балансы нефти и нефтепродуктов Союза" – система прогнозных показателей, определяемых в методологии формирования индикативных (прогнозных) балансов газа, нефти и нефтепродуктов;

      "транспортировка нефти и нефтепродуктов" – совершение действий, направленных на перемещение нефти и нефтепродуктов любым способом, в том числе с использованием трубопроводного транспорта от пункта ее приема от отправителя до пункта сдачи получателю, включая слив, налив, перевалку на другой вид транспорта, хранение, смешение.

      3. При формировании общих рынков нефти и нефтепродуктов Союза государства-члены исходят из следующих основных принципов:

      1) неприменение во взаимной торговле количественных ограничений и вывозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное значение). Порядок уплаты вывозных таможенных пошлин на нефть и нефтепродукты при вывозе их за пределы таможенной территории Союза определяется отдельными, в том числе двусторонними соглашениями государств – членов;

      2) приоритетное обеспечение потребностей государств-членов в нефти и нефтепродуктах;

      3) унификация норм и стандартов на нефть и нефтепродукты государств-членов;

      4) обеспечение экологической безопасности;

      5) информационное обеспечение общих рынков нефти и нефтепродуктов Союза.

      4. Государства-члены осуществляют комплекс следующих мер по формированию общих рынков нефти и нефтепродуктов Союза, в том числе:

      1) создание системы информационного обмена на основе таможенной информации, включающей сведения о поставках, экспорте и импорте нефти и нефтепродуктов всеми видами транспорта;

      2) создание механизмов контроля, предотвращающих нарушение условий настоящего Протокола;

      3) унификация норм или стандартов на нефть и нефтепродукты государств-членов.

      5. Указанные в пункте 4 настоящего Протокола меры реализуются путем подписания государствами-членами или уполномоченными ими органами методик или правил в рамках соответствующих международных договоров.

      6. Государства-члены в соответствии с международными договорами между государствами-членами в пределах имеющихся технических возможностей обеспечивают условия:

      1) гарантированной возможности осуществления долгосрочной транспортировки добытой нефти и произведенных из нее нефтепродуктов по действующей системе транспорта на территориях государств-членов, в том числе по системам магистральных нефтепроводов и нефтепродуктопроводов;

      2) доступа к системам транспортировки нефти и нефтепродуктов, расположенным на территории каждого из государств-членов, для хозяйствующих субъектов, зарегистрированных на территориях государств-членов, на тех же условиях, что и для хозяйствующих субъектов государств-членов, по территориям которых осуществляется транспортировка нефти и нефтепродуктов.

      7. Тарифы на услуги по транспортировке нефти и нефтепродуктов по системам транспортировки нефти и нефтепродуктов устанавливаются в соответствии с законодательством каждого государства-члена.

      Тарифы на услуги по транспортировке нефти и нефтепродуктов устанавливаются для хозяйствующих субъектов государств-членов на уровне, не превышающем тарифы, установленные для хозяйствующих субъектов государства-члена, по территории которого осуществляется транспортировка нефти и нефтепродуктов.

      Установление тарифов на услуги по транспортировке нефти и нефтепродуктов для хозяйствующих субъектов государств-членов ниже тарифов, установленных для хозяйствующих субъектов государства-члена, по территории которого осуществляется транспортировка нефти и нефтепродуктов, не является обязательством для государств-членов.

      8. Уполномоченные органы государств-членов в соответствии с методологией формирования индикативных (прогнозных) балансов газа, нефти и нефтепродуктов разрабатывают с участием Комиссии и согласовывают:

      ежегодно до 1 октября на следующий календарный год индикативные (прогнозные) балансы нефти и нефтепродуктов Союза;

      долгосрочные индикативные (прогнозные) балансы нефти и нефтепродуктов Союза, которые при необходимости могут корректироваться с учетом фактического изменения добычи нефти, производства и потребления нефтепродуктов государств-членов.

      Объемы и направления транспортировки нефти, добытой на территории одного из государств-членов, по территории другого государства-члена ежегодно определяются протоколами между уполномоченными органами государств-членов.

      9. Регулирование внутренних рынков нефти и нефтепродуктов государств-членов осуществляется национальными органами государств-членов. Государства-члены осуществляют мероприятия по либерализации рынков нефти и нефтепродуктов в соответствии с законодательством каждого из государств-членов.

      10. Настоящий Протокол не затрагивает прав и обязательств государств-членов по другим международным договорам, участниками которых они являются.

      11. Положения раздела XVIII Договора применяются к субъектам естественных монополий, осуществляющим транспортировку нефти и нефтепродуктов, с учетом особенностей, предусмотренных настоящим Протоколом.

      12. На период до вступления в силу международного договора о формировании общих рынков нефти и нефтепродуктов Союза, предусмотренного пунктом 3 статьи 84 Договора, действуют двусторонние соглашения, заключенные между государствами-членами в области поставок нефти и нефтепродуктов, определения и порядка уплаты вывозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное действие), если соответствующие государства-члены не договорятся об ином.

  ПРИЛОЖЕНИЕ № 24
к Договору о Евразийском
экономическом союзе


Протокол о скоординированной (согласованной) транспортной политике

I. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьями 86 и 87 Договора о Евразийском экономическом союзе в целях осуществления скоординированной (согласованной) транспортной политики.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "гражданская авиация" – авиация, используемая в целях обеспечения потребностей населения и экономики;

      "единое транспортное пространство" – совокупность транспортных систем государств-членов, в рамках которой обеспечиваются беспрепятственное передвижение пассажиров, перемещение грузов и транспортных средств, их техническая и технологическая совместимость, основанные на гармонизированном законодательстве государств-членов в сфере транспорта;

      "законодательство государств-членов" – национальное законодательство каждого из государств-членов;

      "общий рынок транспортных услуг" – форма экономических отношений, при которых создаются равные и паритетные условия оказания транспортных услуг, особенности функционирования рынка которых по видам транспорта определяются настоящим Протоколом, а также международными договорами в рамках Союза.

      3. Реализация настоящего Протокола осуществляется с учетом обязательств государств-членов, принятых каждым из них при вступлении во Всемирную торговую организацию, а также в рамках иных международных договоров.

II. Автомобильный транспорт

      4. Международные автомобильные перевозки грузов, выполняемые перевозчиками, зарегистрированными на территории одного из государств-членов, осуществляются на безразрешительной основе:

      1) между государством-членом, на территории которого перевозчики зарегистрированы, и другим государством-членом;

      2) транзитом через территории других государств-членов;

      3) между другими государствами-членами.

      5. Государства-члены к 1 июля 2015 г. принимают программу поэтапной либерализации выполнения перевозчиками, зарегистрированными на территории одного из государств-членов, автомобильных перевозок грузов между пунктами, расположенными на территории другого государства-члена, на период с 2016 по 2025 годы с определением степени и условий этой либерализации.

      В государствах-членах допускаются разные уровни и скорости проведения либерализации автомобильных перевозок грузов, указанных в абзаце первом настоящего пункта.

      6. Программа поэтапной либерализации, указанная в пункте 5 настоящего Протокола, утверждается Высшим советом.

      7. Особенности проведения скоординированной (согласованной) транспортной политики по вопросам регулирования услуг грузового автомобильного транспорта в рамках Союза определяются международными договорами.

      8. Государства-члены принимают согласованные меры по устранению препятствий (барьеров), влияющих на развитие международного автомобильного сообщения и формирование услуг автомобильного транспорта в рамках Союза.

      9. Транспортный (автомобильный) контроль осуществляется в порядке согласно приложению № 1 к настоящему Протоколу.

III. Воздушный транспорт

      10. Развитие воздушного транспорта в Союзе осуществляется в рамках проводимой скоординированной (согласованной) транспортной политики путем поэтапного формирования общего рынка услуг воздушного транспорта.

      Государства-члены координируют усилия по единому подходу к применению стандартов и рекомендуемой практики Международной организации гражданской авиации (ИКАО).

      11. Формирование общего рынка услуг воздушного транспорта основывается на следующих принципах:

      1) обеспечения соответствия международных договоров и актов, составляющих право Союза, нормам и принципам международного права в области гражданской авиации;

      2) гармонизации законодательства государств-членов в соответствии с нормами и принципами международного права в области гражданской авиации;

      3) обеспечение справедливой и добросовестной конкуренции;

      4) создания условий для обновления парка воздушных судов, модернизации и развития объектов наземной инфраструктуры аэропортов в соответствии с требованиями и рекомендуемой практикой Международной организации гражданской авиации (ИКАО);

      5) обеспечения безопасности полетов и авиационной безопасности;

      6) обеспечения недискриминационного доступа авиационных компаний государств-членов к авиационной инфраструктуре;

      7) расширения воздушных сообщений между государствами-членами.

      12. Государства-члены признают, что каждое государство-член обладает полным и исключительным суверенитетом на воздушное пространство над своей территорией.

      13. Полеты воздушных судов государств-членов в рамках Союза выполняются на основе международных договоров государств-членов и (или) разрешений, выдаваемых в порядке, установленном законодательством государств-членов.

      14. Положения настоящего раздела применяются только в отношении гражданской авиации.

IV. Водный транспорт

      15. Развитие водного транспорта в Союзе осуществляется в рамках проводимой скоординированной (согласованной) транспортной политики.

      16. Суда под флагом государства-члена имеют право осуществлять перевозку грузов, пассажиров и их багажа, буксировку между государством флага судна и другим государством-членом на смежных внутренних водных путях, транзитный проход по внутренним водным путям другого государства-члена, за исключением перевозки и буксировки между портами и перевозок в (из) портов другого государства-члена и третьими странами, в соответствии c международным договором государств-членов о судоходстве, заключенном государствами-членами для исполнения настоящего Протокола.

      17. Суда, осуществляющие плавание по внутренним водным путям государства-члена, должны быть зарегистрированы в реестре судов государства-члена и находиться во владении резидента государства-члена, зарегистрировавшего судно в своем реестре судов.

V. Железнодорожный транспорт

      18. Государства-члены, содействуя дальнейшему развитию взаимовыгодных экономических отношений, учитывая необходимость обеспечения доступа к услугам железнодорожного транспорта государств-членов и согласованных подходов к государственному регулированию тарифов на эти услуги, в случае если такое регулирование предусмотрено законодательством государств-членов, определяют следующие цели:

      1) поэтапное формирование общего рынка транспортных услуг в сфере железнодорожного транспорта;

      2) обеспечение доступа потребителей государств-членов к услугам железнодорожного транспорта при осуществлении перевозок по территории каждого государства-члена на условиях не менее благоприятных, чем условия, созданные для потребителей этого каждого государства-члена;

      3) соблюдение баланса экономических интересов между потребителями услуг железнодорожного транспорта и организациями железнодорожного транспорта государств-членов;

      4) обеспечение условий для доступа организаций железнодорожного транспорта одного государства-члена на внутренний рынок услуг железнодорожного транспорта другого государства-члена;

      5) обеспечение условий доступа перевозчиков к услугам инфраструктуры государств-членов согласно приложениям № 1 и 2 к Порядку регулирования доступа к услугам железнодорожного транспорта, включая основы тарифной политики (приложение № 2 к настоящему Протоколу).

      19. Регулирование доступа к услугам железнодорожного транспорта, включая основы тарифной политики, осуществляется в порядке, предусмотренном приложением № 2 к настоящему Протоколу, а также международными договорами.

  Приложение № 1
к Протоколу о скоординированной
(согласованной) транспортной политике


Порядок
осуществления транспортного (автомобильного) контроля
на внешней границе Евразийского экономического союза

      1. Настоящий Порядок разработан в соответствии с пунктом 9 Протокола о скоординированной (согласованной) транспортной политике (приложение № 24 к Договору о Евразийском экономическом союзе) и определяет порядок осуществления транспортного (автомобильного) контроля на внешней границе Союза.

      Настоящий Порядок не применяется в государстве-члене, которое не имеет общей сухопутной границы с другими государствами- членами.

      Сноска. Пункт 1 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      2. Понятия, используемые в настоящем Порядке, означают следующее:

      "весовые и габаритные параметры транспортного средства" – значения массы, нагрузок на оси и габаритов (по ширине, высоте и длине) транспортного средства с грузом или без груза;

      "внешняя граница Союза" – пределы таможенной территории Союза, разделяющие территории государств-членов и территории государств, не являющихся членами Союза;

      "контрольный пункт" – оборудованный в соответствии с требованиями законодательства государства-члена стационарный или передвижной пункт (пост), а также пункт пропуска через государственную границу, в которых осуществляется транспортный (автомобильный) контроль;

      "органы транспортного (автомобильного) контроля" – компетентные органы, уполномоченные государством-членом на осуществление транспортного (автомобильного) контроля на территории государства-члена;

      "перевозчик" – юридическое или физическое лицо, использующее на праве собственности или на ином законном основании транспортное средство;

      "транспортное средство":

      при перевозке грузов – грузовой автомобиль, грузовой автомобиль с прицепом, автомобильный (седельный) тягач или автомобильный (седельный) тягач с полуприцепом, шасси;

      при перевозке пассажиров – автомобильное транспортное средство, предназначенное для перевозки пассажиров и багажа, имеющее более 9 мест для сидения, включая место водителя, в том числе с прицепом для перевозки багажа;

      "транспортный (автомобильный) контроль" – контроль за осуществлением международных автомобильных перевозок.

      Иные понятия, специально не определенные в настоящем Порядке, используются в значениях, установленных международными договорами, в том числе международными договорами в рамках Союза.

      3. Настоящий Порядок определяет единые подходы к осуществлению транспортного (автомобильного) контроля органами транспортного (автомобильного) контроля на внешней границе Союза транспортных средств, въезжающих (выезжающих, следующих транзитом) на территории государств-членов.

      4. Транспортные средства, следующие на территорию одного государства-члена через территорию другого государства-члена, подлежат транспортному (автомобильному) контролю в контрольных пунктах, расположенных на внешней границе Союза, в соответствии с законодательством государства-члена, через территорию которого следуют указанные транспортные средства, и пунктами 7 и 8 настоящего Порядка.

      5. Проверка транспортных средств, документов, необходимых для целей транспортного (автомобильного) контроля, и оформление его результатов производятся в соответствии с законодательством государства-члена, территорию которого они пересекают на внешней границе Союза, и настоящим Порядком.

      6. Органы транспортного (автомобильного) контроля взаимно признают документы, оформленные ими по результатам транспортного (автомобильного) контроля.

      7. Орган транспортного (автомобильного) контроля государства-члена, через государственную границу которого осуществляется въезд на таможенную территорию Союза, в контрольных пунктах помимо действий по транспортному (автомобильному) контролю, предусмотренных законодательством указанного государства-члена, осуществляет:

      1) проверку соответствия весовых и габаритных параметров транспортного средства нормам, аналогичным установленным законодательством других государств-членов, по территориям которых осуществляется проезд, а также данным, указанным в специальных разрешениях на перевозку крупногабаритного и (или) тяжеловесного груза либо на проезд крупногабаритного и (или) тяжеловесного транспортного средства по территориям других государств-членов;

      2) проверку наличия у перевозчика разрешений на проезд по территориям других государств-членов, по которым осуществляется проезд, их соответствия виду выполняемой перевозки и соответствия характеристик транспортного средства требованиям, предусмотренным такими разрешениями;

      3) проверку наличия у перевозчика специальных разрешений на перевозку крупногабаритных и (или) тяжеловесных грузов, на проезд крупногабаритного и (или) тяжеловесного транспортного средства, а также специальных разрешений на перевозку опасных грузов по территориям других государств-членов, по которым осуществляется перевозка или проезд;

      4) проверку наличия у перевозчика разрешений (специальных разрешений) на перевозку в третьи страны (из третьих стран) на территории других государств-членов, по которым осуществляется перевозка;

      5) выдачу перевозчику учетного талона по форме, согласованной органами транспортного (автомобильного) контроля, в случае, если в соответствии с законодательством других государств-членов осуществление перевозки допускается без разрешения на проезд по территориям других государств-членов, а также в случае, если перевозка осуществляется в соответствии с многосторонним разрешением.

      8. Органы транспортного (автомобильного) контроля при выезде транспортного средства через внешнюю границу Союза помимо действий, указанных в пункте 7 настоящего Порядка, в контрольных пунктах осуществляют проверку:

      1) наличия у перевозчика квитанции об уплате сборов за проезд транспортного средства по автомобильным дорогам государств-членов, по территориям которых осуществлялся проезд, если уплата такого сбора обязательна в соответствии с законодательством государств-членов;

      2) наличия у перевозчика (водителя) квитанции, подтверждающей оплату штрафа за нарушение порядка выполнения международных автомобильных перевозок на территории государства-члена или решения судебных органов об удовлетворении жалобы на постановление о наложении на перевозчика (водителя) соответствующего административного взыскания в случае, если в разрешении на проезд по территории одного из государств-членов или в учетном талоне имеется отметка органа транспортного (автомобильного) контроля о наложении на перевозчика (водителя) такого штрафа;

      3) наличия допуска транспортных средств перевозчиков государств-членов к международным автомобильным перевозкам;

      4) наличия у перевозчика необходимых документов в случае получения уведомления, указанного в пункте 9 настоящего Порядка, от органа транспортного (автомобильного) контроля другого государства-члена.

      9. При установлении в ходе контрольных действий, предусмотренных пунктом 7 настоящего Порядка, несоответствия контролируемых параметров транспортного средства, отсутствия или несоответствия документов, предусмотренных законодательством государств-членов, орган транспортного (автомобильного) контроля одного государства-члена выдает водителю уведомление по форме, согласованной органами транспортного (автомобильного) контроля государств-членов, содержащее информацию:

      о выявленных несоответствиях;

      о необходимости получения недостающих документов до прибытия на территорию другого государства-члена;

      о ближайшем с учетом маршрута следования транспортного средства контрольном пункте органа транспортного (автомобильного) контроля другого государства-члена, в котором перевозчик должен предъявить доказательства устранения несоответствия контролируемых параметров транспортного средства и (или) документы, указанные в уведомлении.

      10. Информация о выдаче уведомления направляется органу транспортного (автомобильного) контроля другого государства-члена и вносится в информационную базу органа транспортного (автомобильного) контроля, выявившего несоответствие.

      11. В случае если органом транспортного (автомобильного) контроля одного государства-члена перевозчику выдано уведомление в соответствии с пунктом 9 настоящего Порядка, орган транспортного (автомобильного) контроля другого государства-члена в контрольном пункте вправе осуществить проверку исполнения этого уведомления и при наличии оснований применить к перевозчику (водителю) меры в соответствии с законодательством этого другого государства-члена.

      Орган транспортного (автомобильного) контроля, осуществивший в контрольном пункте проверку исполнения уведомления, вносит информацию о результатах проверки в информационную базу и направляет данную информацию органу транспортного (автомобильного) контроля, выдавшему уведомление.

      Сноска. Пункт 11 с изменением, внесенным Законом РК от 15.02.2021 № 6-VII.

      12. Выпуск транспортного средства с территории Союза не осуществляется до предъявления перевозчиком документов, наличие которых предусмотрено пунктами 7 и 8 настоящего Порядка.

      13. Об установлении несоответствия контролируемых параметров транспортного средства, отсутствии или несоответствии документов, предусмотренных законодательством государств-членов, орган транспортного (автомобильного) контроля одного государства-члена при выезде через внешнюю границу Союза транспортного средства, следующего с территории этого государства на территорию другого государства-члена, информирует орган транспортного (автомобильного) контроля этого другого государства-члена.

      14. Государства-члены на основе взаимности принимают меры по гармонизации своего законодательства, методов и технологий осуществления транспортного (автомобильного) контроля на внешней границе Союза в части:

      1) требований к весовым параметрам транспортных средств при движении по автомобильным дорогам общего пользования, входящим в состав международных транспортных коридоров;

      2) создания системы контроля за полнотой уплаты сборов за проезд транспортных средств по автомобильным дорогам общего пользования другого государства-члена;

      3) выработки механизма по урегулированию спорных ситуаций в случае их возникновения с перевозчиками третьих стран;

      4) выработки механизма возврата (задержания) транспортных средств в случае нарушения установленных требований по выполнению условий международной автомобильной перевозки по территории Союза.

      15. Разрешения (специальные разрешения) являются недействительными в следующих случаях:

      1) такие разрешения оформлены или используются с нарушением законодательства государства-члена, компетентные органы которого их выдали;

      2) весовые и (или) габаритные параметры транспортного средства, указанные в специальном разрешении, не соответствуют результатам взвешивания и замера габаритов транспортного средства;

      3) характеристики транспортного средства не соответствуют характеристикам транспортного средства, предусмотренным разрешением на проезд по территориям государств-членов.

      16. В случае установления в ходе контрольных действий несоответствия параметров (характеристик) транспортного средства параметрам (характеристикам), указанным в разрешении, орган транспортного (автомобильного) контроля одного государства-члена имеет право запрашивать в оперативном порядке у органа транспортного (автомобильного) контроля другого государства-члена подтверждение действительности разрешения.

      17. В целях реализации настоящего Порядка органы транспортного (автомобильного) контроля:

      1) заключают отдельные протоколы, доводят до органов транспортного (автомобильного) контроля другого государства-члена положения нормативных правовых актов своих государств, регламентирующих требования к осуществлению транспортного (автомобильного) контроля, информируют друг друга о вносимых в указанные акты изменениях, а также обмениваются образцами документов, необходимых для осуществления транспортного (автомобильного) контроля в соответствии с настоящим Порядком;

      2) взаимно и регулярно обмениваются информацией, полученной в результате транспортного (автомобильного) контроля. Форма и порядок обмена указанной информацией, а также ее состав определяются органами транспортного (автомобильного) контроля;

      3) организуют ведение базы данных о транспортных средствах, следующих транзитом через территорию одного государства-члена на территорию другого государства-члена, и взаимно обмениваются информацией, содержащейся в этой базе.

      18. Обмен информацией, полученной в результате транспортного (автомобильного) контроля, осуществляется в электронном виде.

      19. Органы транспортного (автомобильного) контроля могут предоставлять полученную в результате транспортного (автомобильного) контроля иную информацию о транспортных средствах международной перевозки, перемещающих товары.

      20. В целях оформления и учета результатов транспортного (автомобильного) контроля и транспортных средств органы транспортного (автомобильного) контроля используют информационные ресурсы, содержащие сведения о результатах дополнительных действий по транспортному (автомобильному) контролю, осуществляемых в соответствии с пунктами 7 – 9 настоящего Порядка (в том числе о результатах исполнения перевозчиком требований органа транспортного (автомобильного) контроля, указанных в уведомлении, предусмотренном пунктом 9 настоящего Порядка), а также обеспечивают взаимное использование этих информационных ресурсов.

      Сноска. Пункт 20 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      21. Государства-члены в установленном порядке информируют компетентные органы государств, не являющихся членами Союза, об изменении порядка осуществления транспортного (автомобильного) контроля на внешней границе Союза.

  Приложение № 2
к Протоколу о скоординированной
(согласованной) транспортной политике


Порядок регулирования доступа к услугам железнодорожного транспорта, включая основы тарифной политики

      1. Настоящий Порядок разработан в соответствии с Протоколом о скоординированной (согласованной) транспортной политике (приложение № 24 к Договору о Евразийском экономическом союзе (далее – Договор)), определяет порядок регулирования доступа к услугам железнодорожного транспорта, включая основы тарифной политики, и распространяется на отношения между организациями железнодорожного транспорта, потребителями, уполномоченными органами государств-членов в сфере услуг железнодорожного транспорта.

      2. Понятия, используемые в настоящем Порядке, означают следующее:

      "доступ к услугам железнодорожного транспорта" – оказание организациями железнодорожного транспорта одного государства-члена услуг потребителям другого государства-члена на условиях не менее благоприятных, чем те, на которых оказываются аналогичные услуги потребителям первого государства-члена;

      "доступ к услугам инфраструктуры" – возможность получения перевозчиками услуг инфраструктуры для осуществления перевозок в соответствии с правилами согласно приложениям № 1 и 2 к настоящему Порядку;

      "инфраструктура" – инфраструктура железнодорожного транспорта, включающая магистральные и станционные пути, объекты электроснабжения, сигнализации, связи, устройства, оборудование, здания, строения, сооружения и иные объекты, технологически необходимые для ее функционирования;

      "организация железнодорожного транспорта" – физическое или юридическое лицо государства-члена, оказывающее услуги железнодорожного транспорта потребителям;

      "перевозочный процесс" – совокупность организационно и технологически взаимосвязанных операций, выполняемых при подготовке, осуществлении и завершении перевозок пассажиров, грузов, багажа, грузобагажа и почтовых отправлений железнодорожным транспортом;

      "перевозчик" – организация железнодорожного транспорта, осуществляющая деятельность по перевозке грузов, пассажиров, багажа, грузобагажа и почтовых отправлений, имеющая соответствующую лицензию, обладающая на праве собственности либо на ином законном основании подвижным составом, включая тяговые транспортные средства;

      "потребитель" – физическое или юридическое лицо государства-члена, пользующееся или намеревающееся пользоваться услугами железнодорожного транспорта;

      "тариф на услуги железнодорожного транспорта" – денежное выражение стоимости услуг железнодорожного транспорта;

      "услуги железнодорожного транспорта" – услуги (работы), оказываемые (выполняемые) организациями железнодорожного транспорта потребителям, а именно:

      перевозка грузов и дополнительные услуги (работы), связанные с организацией и осуществлением перевозки грузов (в том числе порожнего подвижного состава);

      перевозка пассажиров, багажа, грузобагажа, почтовых отправлений и дополнительные услуги (работы), связанные с такой перевозкой;

      услуги инфраструктуры;

      "услуги инфраструктуры" – услуги, связанные с использованием инфраструктуры для осуществления перевозок, и другие услуги, указанные в приложении № 2 к настоящему Порядку.

      3. Организации железнодорожного транспорта независимо от принадлежности потребителя тому или иному государству-члену, его организационно-правовой формы обеспечивают ему доступ к услугам железнодорожного транспорта с учетом настоящего Порядка и законодательства государств-членов.

      4. Государства-члены обеспечивают доступ перевозчиков государств-членов к услугам инфраструктуры с соблюдением принципов и требований, указанных в приложениях № 1 и 2 к настоящему Порядку.

      Положения приложений № 1 и 2 к настоящему Порядку не распространяется на отношения между перевозчиками государств-членов по оказанию услуг по использованию локомотивов и локомотивных бригад на участках инфраструктуры государств-членов, которые предоставляются на основании договоров (соглашений), заключаемых между такими перевозчиками в соответствии с законодательствами государств-членов.

      5. Порядок и условия оказания иных услуг железнодорожного транспорта в рамках формирования общего рынка транспортных услуг определяются при необходимости международными договорами в рамках Союза.

      6. Тарифы на услуги железнодорожного транспорта и (или) их предельный уровень (ценовые пределы) устанавливаются (изменяются) в соответствии с законодательством государств-членов и международными договорами с обеспечением возможности дифференциации тарифов в соответствии с законодательством своего государства-члена с соблюдением следующих принципов:

      1) возмещение экономически обоснованных затрат, непосредственно относящихся к оказываемым услугам железнодорожного транспорта;

      2) обеспечение развития железнодорожного транспорта в соответствии с законодательством государств-членов;

      3) обеспечение транспарентности тарифов на услуги железнодорожного транспорта, а также возможности дополнительного пересмотра таких тарифов и (или) их предельного уровня (ценовых пределов) при резком изменении экономических условий с предварительным информированием государств-членов;

      4) обеспечение публичности принятия решений об установлении тарифов на услуги железнодорожного транспорта;

      5) применение гармонизированного подхода к определению номенклатуры грузов и правил установления тарифов на услуги железнодорожного транспорта, оказываемые в условиях естественной монополии;

      6) определение валюты тарифа на услуги железнодорожного транспорта в каждом государстве-члене в соответствии с законодательством своего государства-члена.

      7. Установление (изменение) тарифов на услуги железнодорожного транспорта и (или) их предельных уровней (ценовых пределов) производится в соответствии с законодательством своего государства-члена, с учетом настоящего Порядка.

      8. При перевозке грузов железнодорожным транспортом по территориям государств-членов применяются унифицированные тарифы по видам сообщений (экспортный, импортный и внутригосударственный тарифы).

      9. В целях повышения конкурентоспособности железнодорожного транспорта государств-членов, создания благоприятных условий для осуществления перевозок грузов железнодорожным транспортом, привлечения новых грузопотоков, ранее не осуществлявшихся железнодорожным транспортом, обеспечения возможности использования незадействованных или мало задействованных маршрутов перевозок грузов по железным дорогам, стимулирования роста объемов перевозок грузов по железным дорогам государств-членов, стимулирования внедрения новой техники и технологий организациям железнодорожного транспорта предоставляется право принятия, исходя из экономической целесообразности, решений об изменении уровня тарифов на услуги железнодорожного транспорта по перевозке грузов в рамках предельных уровней (ценовых пределов), установленных или согласованных уполномоченными органами государств-членов в соответствии с законодательством государств-членов.

      10. Организации железнодорожного транспорта реализуют предоставленное им право изменения уровня тарифов на услуги железнодорожного транспорта по перевозке грузов в рамках предельных уровней (ценовых пределов) в соответствии с методологией (методиками, порядком, правилами, инструкциями или иными нормативными актами), утверждаемой (определяемой) уполномоченными органами государств-членов в соответствии с законодательством государств-членов, с соблюдением основного принципа недопустимости создания преимуществ для конкретных товаропроизводителей государств-членов.

      11. Решения об изменении уровня тарифов на услуги железнодорожного транспорта по перевозке грузов подлежат официальному опубликованию в соответствии с законодательством государств-членов, обязательному направлению уполномоченным органам государств-членов и в Комиссию не позднее 10 рабочих дней до даты их вступления и силу.

      12. Утратил силу Законом РК от 30.01.2024 № 56-VIII.

      13. Каждое из государств-членов применяет установленный в соответствии со своим законодательством унифицированный тариф при перевозках грузов железнодорожным транспортом:

      между государствами-членами, в том числе через территорию другого государства-члена (территории других государств-членов) и (или) территории третьих стран;

      между территориями государства-члена через территорию другого государства-члена (территории других государств-членов) и (или) территории третьих стран;

      с территории одного государства-члена через территорию другого государства-члена (территории других государств-членов) и (или) территории третьих стран в третьи страны через морские порты государств-членов и в обратном направлении.

      Сноска. Пункт 13 – в редакции Закона РК от 30.01.2024 № 56-VIII.

      14. При перевозках грузов с территории одного государства-члена транзитом через территорию другого государства-члена в третьи страны и в обратном направлении (за исключением перевозок грузов через морские порты государств-членов), а также при перевозках грузов из третьих стран в третьи страны транзитом через территории государств-членов проводится скоординированная (согласованная) тарифная политика в соответствии с Концепцией установления согласованной тарифной политики на железнодорожном транспорте государств – участников Содружества Независимых Государств от 18 октября 1996 года.

      15. Государствами-членами назначаются уполномоченные органы, ответственные за реализацию настоящего Порядка.

      16. Государства-члены информируют друг друга и Комиссию о назначении и официальном наименовании своих уполномоченных органов не позднее 30 дней с даты вступления в силу Договора.

  Приложение № 1
к Порядку регулирования доступа
к услугам железнодорожного
транспорта, включая основы
тарифной политики
 

Правила
доступа к услугам инфраструктуры железнодорожного
транспорта в рамках Евразийского экономического союза
I. Общие положения

      1. Настоящие Правила регулируют отношения перевозчиков и операторов инфраструктуры в сфере предоставления доступа к услугам инфраструктуры железнодорожного транспорта на участках инфраструктуры в рамках Союза.

      2. Регулирование отношений перевозчиков и операторов инфраструктуры в сфере предоставления доступа к услугам инфраструктуры в границах территории одного государства-члена, за исключением отношений, предусмотренных в пункте 1 настоящих Правил, осуществляется в соответствии с законодательством данного государства-члена.

II. Определения

      3. Понятия, используемые в настоящих Правилах, означают следующее:

      "график движения поездов" — нормативно-технический документ оператора инфраструктуры, устанавливающий организацию движения поездов всех категорий на участках инфраструктуры, графически отображающий следование поездов на масштабной сетке в условные сутки и подразделяемый на нормативный (на плановый год), вариантный (в отдельные периоды времени) и оперативный (на текущие плановые сутки);

      "долгосрочный договор на оказание услуг инфраструктуры" - договор на оказание услуг инфраструктуры, заключенный между оператором инфраструктуры и перевозчиком на период не менее 5 лет;

      "дополнительная заявка" - заявка на предоставление доступа к услугам инфраструктуры, поступившая от перевозчика для осуществления дополнительных перевозок в период действия нормативного графика движения поездов;

      "доступ к услугам инфраструктуры" — возможность получения перевозчиками услуг инфраструктуры для осуществления перевозок;

      "национальный (общесетевой) перевозчик" - перевозчик, осуществляющий деятельность по перевозке грузов, пассажиров, багажа, грузобагажа, почтовых отправлений и обеспечивающий реализацию плана формирования поездов на всей инфраструктуре государства-члена, в том числе по специальным и воинским перевозкам. Статус национального (общесетевого) перевозчика определяется законодательством государства-члена;

      "нитка графика" - графическое отображение на графике движения поездов маршрута следования поезда с указанием пунктов отправления, назначения и проследования, времени отправления, прибытия, технологических стоянок, средних времен хода, а также других технических и технологических параметров поезда;

      "оператор инфраструктуры" - организация железнодорожного транспорта, владеющая инфраструктурой и использующая инфраструктуру на законных основаниях и (или) оказывающая услуги инфраструктуры в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура;

      "план формирования поездов" — нормативно-технический документ, утвержденный оператором инфраструктуры на основе проектов планов формирования поездов перевозчиков и устанавливающий категории и назначения поездов, формируемых на железнодорожных станциях с учетом пропускной способности участков инфраструктуры и перерабатывающей способности станций;

      "пропускная способность участка инфраструктуры" - максимальное количество поездов и пар поездов, которые могут быть пропущены по участку инфраструктуры за расчетный период времени (сутки) в зависимости от технических и технологических возможностей инфраструктуры, подвижного состава и способов организации движения поездов с учетом пропуска поездов различных категорий;

      "расписание движения поездов" — документ, содержащий информацию о движении поездов по определенным календарным датам на основании графика движения поездов;

      "сертификат безопасности" - документ, удостоверяющий соответствие системы управления безопасностью участника перевозочного процесса правилам безопасности на железнодорожном транспорте, выданный в установленном законодательством государства-члена порядке;

      "уполномоченный орган" - орган исполнительной власти (государственного управления) государства-члена, в компетенцию которого входят вопросы государственного регулирования и (или) руководства в области железнодорожного транспорта, определенный в соответствии с законодательством каждого из государств-членов;

      "участок инфраструктуры" - часть инфраструктуры железнодорожного транспорта, прилегающая к стыку двух сопредельных инфраструктур государств-членов в пределах установленного оператором инфраструктуры участка обращения локомотива.

      4. Другие понятия, используемые в настоящих Правилах, понимаются в значениях, определенных в Протоколе о скоординированной (согласованной) транспортной политике, Порядке регулирования доступа к услугам железнодорожного транспорта, включая основы тарифной политики, а также Правилах оказания услуг инфраструктуры железнодорожного транспорта в рамках Евразийского экономического союза (далее - Правила оказания услуг).

III. Общие принципы доступа к услугам инфраструктуры

      5. Доступ к услугам инфраструктуры предоставляется на участках инфраструктуры и основывается на принципах:

      1) равенства требований к перевозчикам, установленных законодательством государства-члена, на территории которого расположена инфраструктура, с учетом технических и технологических возможностей в пределах пропускной способности участков инфраструктуры;

      2) применения в отношении перевозчиков единой ценовой (тарифной) политики в сфере услуг инфраструктуры в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура;

      3) доступности информации о перечне услуг инфраструктуры, порядке их оказания, исходя из технических и технологических возможностей инфраструктуры, о тарифах, плате и сборах за эти услуги;

      4) рационального планирования работ по ремонту, содержанию и обслуживанию инфраструктуры в целях эффективного использования ее пропускной способности и обеспечения непрерывности перевозочного процесса, целостности и безопасности технологических процессов;

      5) защиты сведений, составляющих коммерческую или государственную тайну, ставших известными в процессе планирования, организации перевозочной деятельности и оказания услуг инфраструктуры;

      6) приоритетности (очередности) предоставления перевозчикам доступа к услугам инфраструктуры в условиях ограниченной пропускной способности инфраструктуры в соответствии с нормативным графиком движения поездов;

      7) обеспечения перевозчиками надлежащего технического

      состояния используемого ими железнодорожного подвижного состава.

      6. Принцип приоритетности (очередности) предоставления перевозчикам доступа к услугам инфраструктуры реализуется посредством следующих уровней отбора:

      1) определение категории поезда, приоритетность (очередность) которого определяется в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура, или актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура;

      2) в случае идентичности категории поездов в зависимости от:

      наличия долгосрочных договоров на оказание услуг инфраструктуры с учетом исполнения договорных обязательств по объемам перевозок;

      интенсивности использования перевозчиком провозной способности участков инфраструктуры;

      наличия существующего договора на оказание услуг инфраструктуры;

      3) в случае идентичности критериев, указанных в подпунктах 1 и 2 настоящего пункта, осуществление конкурсных процедур в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура.

IV. Условия предоставления доступа
к услугам инфраструктуры

      7. Доступ к услугам инфраструктуры предоставляется оператором инфраструктуры при наличии у перевозчиков:

      1) лицензий на осуществление перевозочной деятельности, выдаваемых уполномоченным органом государства-члена в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура;

      2) сертификатов безопасности, выданных уполномоченным органом государства-члена в порядке, установленном законодательством государства-члена, на территории которого расположена инфраструктура;

      3) в штате квалифицированных работников, задействованных в организации, управлении и осуществлении перевозочного процесса, имеющих документы, подтверждающие их квалификацию и профессиональную подготовку в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура.

      8. Доступ к услугам инфраструктуры предоставляется исходя из:

      1) технических и технологических возможностей инфраструктуры для организации движения поездов и маневровых передвижений в пределах участка инфраструктуры;

      2) плана формирования грузовых поездов и графика движения поездов;

      3) наличной пропускной способности инфраструктуры и предложений перевозчиков по использованию участков инфраструктуры и распределения оператором инфраструктуры пропускной способности участков инфраструктуры на основе принципов доступа к услугам инфраструктуры, определенных в разделе III настоящих Правил;

      4) отсутствия в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура, запретов и ограничений, препятствующих осуществлению железнодорожной перевозки;

      5) наличия у перевозчика согласований с другими органами и организациями в случаях, если это предусмотрено законодательством государства-члена, на территории которого расположена инфраструктура.

      9. Право доступа к услугам инфраструктуры по определенным ниткам графика может предоставляться перевозчикам на период, не превышающий срок действия расписания движения поездов, за исключением прав, вытекающих из долгосрочных договоров.

V. Предоставление доступа к услугам инфраструктуры

      10. Предоставление доступа к услугам инфраструктуры осуществляется с учетом требований законодательства государства-члена, на территории которого расположена инфраструктура, и включает следующие этапы:

      1) разработка и опубликование оператором инфраструктуры технической спецификации участков инфраструктуры;

      2) подача перевозчиком заявки на доступ к услугам инфраструктуры железнодорожного транспорта в рамках Евразийского экономического союза (далее - заявка) по форме согласно приложению;

      3) рассмотрение оператором инфраструктуры заявки;

      4) утверждение графика движения поездов и расписания движения поездов;

      5) заключение договора на оказание услуг инфраструктуры в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура.

      В случае если перевозчик является одновременно оператором инфраструктуры, планируемой для использования, подача заявки и заключение договора не требуются.

      11. Предоставление доступа к услугам инфраструктуры по дополнительным перевозкам, не предусмотренным нормативным графиком движения поездов, осуществляется на основе дополнительных заявок в порядке, установленном настоящими Правилами.

VI. Техническая спецификация участков инфраструктуры

      12. Ежегодно, не позднее чем за 3 месяца до даты начала приема заявок, оператор инфраструктуры составляет, утверждает и публикует техническую спецификацию участков инфраструктуры в порядке, установленном актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура.

      13. В технической спецификации участков инфраструктуры должны быть указаны:

      1) технические характеристики участков инфраструктуры и станций, необходимые для организации движения поездов и маневровых передвижений, с указанием протяженности участков инфраструктуры и вида тяги, норм веса и длины составов поездов, скоростей движения поездов различных категорий;

      2) проекты ниток графика движения поездов для международного пассажирского сообщения;

      3) прогнозное время приема - передачи (обмена) грузовых поездов по каждому межгосударственному стыковому пункту, определенному решением Совета по железнодорожному транспорту государств - участников Содружества Независимых Государств;

      4) пропускная способность участков инфраструктуры, за исключением пропускной способности участков инфраструктуры, необходимой национальному (общесетевому) перевозчику для выполнения перевозок в соответствии с требованиями законодательства государства-члена, на территории которого расположена инфраструктура.

      14. Оператор инфраструктуры может указать в технической спецификации участков инфраструктуры иные сведения и условия для планирования перевозок и организации движения поездов по участкам инфраструктуры.

VII. Подача и рассмотрение заявки

      15. Перевозчик подает оператору инфраструктуры заявку.

      16. Сроки начала и окончания приема, рассмотрения заявок, формирования первоначального проекта нормативного графика движения поездов, а также сроки представления информации, предусмотренной пунктами 24 и 26 настоящих Правил, устанавливаются законодательством государства-члена, на территории которого расположена инфраструктура, и (или) актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура.

      17. К заявке прилагаются:

      1) проект планируемых ниток графика;

      2) информация о планируемых годовых объемах перевозок (с разбивкой по кварталам и месяцам, а также по видам грузов);

      3) информация о количестве поездов, планируемых к перевозке;

      4) информация о типах и характеристиках локомотивов, предусмотренных перевозчиком для обеспечения перевозок;

      5) документы, подтверждающие соответствие перевозчика требованиям, установленным пунктом 7 настоящих Правил.

      18. Заявка, подаваемая перевозчиком оператору инфраструктуры

      на бумажных носителях, и прилагаемые к ней документы:

      должны быть прошиты, пронумерованы и заверены печатью перевозчика, а также подписью его руководителя либо уполномоченного им лица;

      представляются на русском языке либо на языке государства по месту юридической регистрации оператора инфраструктуры и не должны содержать исправлений или дополнений, а в случае их представления на ином языке сопровождаются заверенным в установленном порядке переводом на русский язык.

      Документы, прилагаемые к заявке, должны представлять собой оригиналы или копии. В случае представления копий документов руководитель либо уполномоченное им лицо, подписывающие заявку, должны письменно подтвердить их достоверность и полноту.

      19. Заявка, подаваемая в электронном виде, представляется в соответствии с пунктом 17 настоящих Правил с учетом требований электронного документооборота и должна быть подписана электронной цифровой подписью.

      20. Заявка подлежит регистрации оператором инфраструктуры с выдачей перевозчику документа, в котором указываются порядковый регистрационный номер, дата приема заявки и перечень принятых документов.

      21. Оператор инфраструктуры проверяет поступившие заявки на соответствие требованиям, установленным пунктами 17-19 настоящих Правил.

      22. В случае несоответствия заявки требованиям, установленным настоящими Правилами, оператор инфраструктуры в течение 5 рабочих дней со дня поступления заявки уведомляет перевозчика в письменной форме об отказе в принятии заявки к рассмотрению с указанием причин отказа.

      23. В период рассмотрения заявок (но не позднее чем за 1 месяц до истечения срока окончания рассмотрения заявок) оператор инфраструктуры имеет право при необходимости запросить у перевозчиков дополнительные сведения (данные), необходимые для формирования нормативного графика движения поездов.

      Запрошенные оператором инфраструктуры дополнительные сведения (данные) должны быть представлены перевозчиком в течение 5 рабочих дней со дня поступления запроса от оператора инфраструктуры с учетом соблюдения требований к подаче и оформлению заявки.

      24. Первоначальный проект нормативного графика движения поездов составляется оператором инфраструктуры с учетом принятых к рассмотрению заявок перевозчиков и максимального использования пропускной способности участков инфраструктуры.

      Оператор инфраструктуры информирует перевозчика о результатах рассмотрения его заявки в сроки, определенные оператором инфраструктуры.

      25. В случае несогласия перевозчиков с первоначальным результатом рассмотрения заявки оператор инфраструктуры может организовать координационные процедуры согласования, направленные на разрешение разногласий (конфликтов) между заинтересованными перевозчиками, путем проведения переговоров, в ходе которых оператор инфраструктуры вправе предложить перевозчику другие нитки графика, отличающиеся от тех, на которые была подана заявка.

      26. Оператор инфраструктуры после проведения всех процедур, предусмотренных настоящим разделом, информирует перевозчика о согласовании (несогласовании) заявки с учетом ее корректировок (при наличии).

VIII. Формирование, разработка и утверждение нормативного
графика движения поездов и расписания движения поездов

      27. Нормативный график движения поездов и расписание движения поездов разрабатываются и утверждаются оператором инфраструктуры на годовой период в порядке, установленном законодательством государства-члена, на территории которого расположена инфраструктура, с учетом принятых от перевозчиков заявок и результатов проведенных координационных процедур согласования.

      28. Нормативный график движения поездов формируется

      оператором инфраструктуры с учетом:

      1) обеспечения безопасности движения поездов;

      2) наиболее эффективного использования пропускной и провозной способности участков инфраструктуры и перерабатывающей способности железнодорожных станций;

      3) возможности проведения работ по содержанию и ремонту участков инфраструктуры.

      29. Разработка нормативного графика движения поездов осуществляется с учетом принципа приоритетности (очередности).

      30. Нормативный график движения поездов вводится в действие и прекращает действие в сроки, определенные решениями Совета по железнодорожному транспорту государств - участников Содружества Независимых Государств.

      Сноска. Пункт 30 в редакции Закона РК от 15.02.2021 № 6-VII.

      31. Нормативный график движения поездов и расписание движения поездов могут корректироваться для грузовых поездов в порядке, установленном оператором инфраструктуры.

IX. Заключение договора на оказание услуг инфраструктуры

      32. Договор на оказание услуг инфраструктуры заключается после согласования оператором инфраструктуры заявки, но не позднее чем за 10 календарных дней до даты ввода в действие нормативного графика движения поездов.

      33. Договор на оказание услуг инфраструктуры заключается с учетом положений, предусмотренных Правилами оказания услуг.

      Договор на оказание услуг инфраструктуры по дополнительным заявкам должен быть заключен не позднее чем за 1 месяц до начала календарного месяца осуществления перевозок.

      34. Оператор инфраструктуры вправе отказать перевозчику в заключении договора при наличии у перевозчика задолженности перед оператором инфраструктуры за оказанные услуги инфраструктуры, а также в иных случаях, предусмотренных законодательством государства-члена, на территории которого расположена инфраструктура.

X. Дополнительные заявки

      35. Дополнительная заявка оформляется в соответствии с требованиями, предусмотренными пунктами 17 - 19 настоящих Правил.

      36. Дополнительная заявка подлежит регистрации оператором инфраструктуры с выдачей перевозчику документа, в котором указываются порядковый регистрационный номер, дата приема дополнительной заявки и перечень принятых документов.

      37. Дополнительная заявка подается не позднее чем за 2 месяца до начала календарного месяца осуществления перевозок.

      38. Дополнительные заявки рассматриваются на соответствие требованиям, установленным настоящими Правилами, в течение 1 месяца с момента их поступления. По итогам рассмотрения дополнительных заявок может быть заключен договор либо дополнительные соглашения к заключенным договорам.

      39. По дополнительным заявкам перевозчиков оператор инфраструктуры может рассмотреть возможность выделения дополнительных ниток графика.

      40. Заявки, поступившие позже срока, установленного пунктом 16 настоящих Правил, не учитываются при формировании нормативного графика движения поездов и рассматриваются как дополнительные заявки.

      41. Выделение ниток графика по дополнительным заявкам осуществляется в порядке, предусмотренном законодательством государства-члена, на территории которого расположена инфраструктура.

      42. Риски частичного удовлетворения или отклонения дополнительных заявок несут перевозчики.

XI. Порядок представления информации

      43. Оператор инфраструктуры размещает на своем официальном сайте в сети Интернет техническую спецификацию участков инфраструктуры, перечень нормативных правовых актов, а также акты оператора инфраструктуры, регламентирующие порядок доступа к услугам инфраструктуры, с учетом требований законодательства государства-члена, на территории которого расположена инфраструктура.

      44. Оператор инфраструктуры и перевозчики должны соблюдать требования законодательства государства-члена, на территории которого расположена инфраструктура, в том числе требования обеспечения национальной безопасности, с учетом ограничений на распространение информации, содержащей сведения, отнесенные к государственной тайне (государственным секретам) или к сведениям ограниченного распространения.

XII. Порядок разрешения споров

      45. Все споры и разногласия между перевозчиком и оператором инфраструктуры, возникшие в ходе применения настоящих Правил, решаются путем проведения переговоров.

      46. В случае если в ходе переговоров перевозчик и оператор инфраструктуры не смогут достичь согласия, все споры и разногласия разрешаются в порядке, установленном законодательством государства-члена, на территории которого расположена инфраструктура.

  Приложение
к Правилам доступа к услугам
инфраструктуры железнодорожного
транспорта в рамках Евразийского
экономического союза
  Форма

Заявка
на доступ к услугам инфраструктуры железнодорожного
транспорта в рамках Евразийского экономического союза

      от "__" _______ ___ года № _________

      на период с __________________________ г. по _____________________ г.

      Оператор инфраструктуры _____________________________________________

      _____________________________________________________________________

      (наименование, юридический адрес, почтовый адрес)

      Перевозчик __________________________________________________________

      (наименование, юридический адрес, почтовый адрес)

      Номер и дата договора на оказание услуг инфраструктуры

      железнодорожного транспорта в рамках Евразийского экономического

      союза (при наличии)

      _____________________________________________________________________

      Настоящим подтверждаю полноту и достоверность следующих прилагаемых к заявке документов (информации)* на _______ л. в __ экз.:

      1) ________;

      2) ________;

      ) ________.

      ___________________ _________________

      Подпись перевозчика М.П.

      ________________

      * Примечание: прилагаются документы (информация), предусмотренные

      пунктом 17 Правил доступа к услугам инфраструктуры железнодорожного транспорта в рамках Евразийского экономического союза.

  Приложение № 2
к Порядку регулирования доступа
к услугам железнодорожного транспорта,
включая основы тарифной политики


Правила
оказания услуг инфраструктуры железнодорожного транспорта
в рамках Евразийского экономического союза
I. Общие положения

      1. Настоящие Правила определяют порядок и условия оказания услуг в границах участков инфраструктуры железнодорожного транспорта государств-членов в рамках планирования и организации перевозочной деятельности, перечень таких услуг, единые принципы диспетчеризации и распределения пропускной способности инфраструктуры, существенные условия договоров на оказание услуг инфраструктуры, права, обязанности и ответственность оператора инфраструктуры и перевозчиков.

П. Определения

      2. Понятия, используемые в настоящих Правилах означают следующее:

      "внеочередные поезда" - поезда, не предусмотренные графиком движения поездов (восстановительные и пожарные поезда, снегоочистители, локомотивы без вагонов, специальный самоходный подвижной состав), предназначенные для ликвидации препятствий движению поездов, выполнения непредвиденных работ и соответствующей передислокации транспортных средств (порядок их следования определяется законодательством государства-члена, на территории которого расположена инфраструктура, или актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура);

      "диспетчеризация перевозочного процесса" - процесс контроля, управления движением поездов и маневровой работой в оперативных условиях;

      "маневровые передвижения" - операции по изменению составности поезда (прицепка (отцепка) подвижного состава), формирование (расформирование) составов, перестановка составов из парка в парк, движение и постановка локомотива в состав поезда или исключение локомотива из данного состава, подача вагонов на подъездные пути или их уборка с таких путей и другие операции;

      "нештатная ситуация" - обстоятельство, угрожающее безопасности движения поездов в результате неисправности объектов инфраструктуры либо создающее препятствие для пропуска поездов;

      "оператор инфраструктуры" - организация железнодорожного транспорта, владеющая инфраструктурой и использующая инфраструктуру на законных основаниях и (или) оказывающая услуги инфраструктуры в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура;

      "планирование перевозок" — разработка плана перевозок на объектах (участках и станциях) инфраструктуры на установленный период времени (год, месяц, сутки) в соответствии с заключенными договорами на оказание услуг;

      "суточный план движения поездов" - документ, составленный оператором инфраструктуры для диспетчеризации перевозочного процесса и организации движения поездов в планируемые сутки;

      "технический план" - документ, составленный оператором инфраструктуры на основе сводного плана перевозок, технических планов перевозчиков и информации Совета по железнодорожному транспорту государств - участников Содружества Независимых Государств.

      3. Другие понятия, используемые в настоящих Правилах, понимаются в значениях, определенных в Протоколе о скоординированной (согласованной) транспортной политике, Порядке регулирования доступа к услугам железнодорожного транспорта, включая основы тарифной политики, а также в Правилах доступа к услугам инфраструктуры железнодорожного транспорта в рамках Евразийского экономического союза (далее — Правила доступа).

III. Услуги, оказываемые оператором инфраструктуры

      4. Перечень услуг инфраструктуры железнодорожного транспорта (далее - перечень услуг) включает основные услуги, связанные с использованием инфраструктуры для осуществления перевозок, согласно приложению к настоящим Правилам.

      5. Перечень операций (работ), входящих в состав услуг инфраструктуры, определяется с учетом технологических особенностей перевозочного процесса и требований законодательства государства-члена, на территории которого расположена инфраструктура.

      6. Услуги инфраструктуры, указанные в приложении к настоящим Правилам, предоставляются с соблюдением требований законодательства государства-члена, на территории которого расположена инфраструктура, в том числе в части обеспечения национальной безопасности.

      7. По соглашению с перевозчиком оператор инфраструктуры вправе оказывать иные услуги, не указанные в приложении к настоящим Правилам, в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура.

IV. Порядок оказания услуг инфраструктуры

      8. Оказание услуг инфраструктуры предусматривает взаимодействие оператора инфраструктуры и перевозчика в рамках следующих процессов организации и осуществления перевозок:

      1) технологическое планирование и нормирование перевозок;

      2) месячное и оперативное планирование перевозок;

      3) осуществление перевозок в рамках договора на оказание услуг инфраструктуры железнодорожного транспорта (далее - договор);

      4) обмен данными между оператором инфраструктуры и перевозчиком.

      9. Планирование и нормирование перевозок, корректировка объемов перевозки и графика движения поездов осуществляются в порядке, определенном в соответствии с настоящими Правилами, Правилами доступа, законодательством государства-члена, на территории которого расположена инфраструктура, а также актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура.

      10. При оперативном планировании оператор инфраструктуры и перевозчики выполняют утвержденный суточный план движения поездов (график движения поездов и согласованный технический план, в том числе план обмена поездов, вагонов по межгосударственным стыковым пунктам, определенным решением Совета по железнодорожному транспорту государств - участников Содружества Независимых Государств).

      11. Осуществление перевозки представляет собой совокупность организационно и технологически взаимосвязанных операций оператора инфраструктуры и перевозчиков и осуществляется в соответствии с настоящими Правилами, законодательством государства-члена, на территории которого расположена инфраструктура, и актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура.

      12. Использование инфраструктуры осуществляется в соответствии с настоящими Правилами с соблюдением норм, установленных законодательством государства-члена, на территории которого расположена инфраструктура, в том числе в соответствии с требованиями по безопасности движения, а также актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура.

      13. Содержание инфраструктуры осуществляется в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура.

      14. Едиными принципами диспетчеризации перевозочного процесса и распределения пропускной способности являются:

      1) управление движением поездов на обслуживаемых участках инфраструктуры одним диспетчером;

      2) выполнение технологических норм и нормативов, содержащихся в графике движения поездов, технологических процессов и технических норм эксплуатационной работы;

      3) обеспечение безопасности движения поездов и охраны труда работников;

      4) предоставление диспетчером приоритетов движения.

      15. Диспетчеризация перевозочного процесса осуществляется оператором инфраструктуры либо уполномоченным им лицом в целях обеспечения безопасного пропуска поездов на инфраструктуре.

      Диспетчеризация перевозочного процесса осуществляется в соответствии с графиком движения поездов, утвержденным суточным планом движения поездов, и в порядке, установленном правилами технической эксплуатации, инструкциями по движению поездов и маневровой работе на станциях, по сигнализации и связи, утвержденными законодательством государства-члена, на территории которого расположена инфраструктура, и (или) актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура.

      16. Процессы приема, отправления и пропуска поездов, маневрового передвижения любого транспортного средства (подвижного состава) или самоходной техники, используемой на участке инфраструктуры, регулируются оператором инфраструктуры.

      Распоряжения (указания) оператора инфраструктуры в отношении указанных процессов, в том числе касающихся обеспечения требований безопасности движения поездов, нормативов графика движения поездов, технологических процессов работы линейных подразделений инфраструктуры, обязательны для всех участников перевозочного процесса.

      17. В целях осуществления перевозочного процесса оператор инфраструктуры и перевозчики используют информационные системы оператора инфраструктуры для обмена информацией (данными) в объеме, предусмотренном законодательством государства-члена, на территории которого расположена инфраструктура.

      18. Дополнительная информация по отношению к основной информации представляется оператором инфраструктуры перевозчику на основе отдельных договоров.

      19. Оператор инфраструктуры может отказать перевозчику в оказании услуг инфраструктуры при наличии заключенного договора в случае:

      1) прекращения или введения ограничения перевозки, в том числе ограничения ввоза и (или) вывоза грузов, багажа и грузобагажа в соответствии с требованиями законодательства государства-члена, на территории которого расположена инфраструктура;

      2) невозможности оказания услуг инфраструктуры вследствие наступления нештатных ситуаций;

      3) осуществления перевозок внеочередными поездами;

      4) возникновения угрозы национальной безопасности или возникновения чрезвычайных ситуаций, обстоятельств непреодолимой силы, военных действий, блокады, эпидемии или иных, не зависящих от оператора инфраструктуры и перевозчиков обстоятельств, препятствующих исполнению обязательств по договору;

      5) установления иного порядка оказания услуг инфраструктуры уполномоченным органом по решению правительства государства-члена, на территории которого расположена инфраструктура;

      6) иных случаях, предусмотренных законодательством

      государства-члена, на территории которого расположена

      инфраструктура.

      20. При отказе перевозчику в оказании услуг инфраструктуры в случаях, предусмотренных пунктом 19 настоящих Правил, оператор инфраструктуры уведомляет перевозчика о невозможности исполнения обязательств в порядке, предусмотренном договором.

      21. Оператор инфраструктуры принимает необходимые меры по организации пропуска поездов, следующих с отклонением от графика движения поездов либо не предусмотренных данным графиком.

      22. Факт оказания оператором инфраструктуры услуг

      инфраструктуры и их фактический объем отдельно по каждому виду услуг согласно перечню услуг подтверждаются документами, форма которых утверждается в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура, и (или) актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура.

V. Договор на оказание услуг инфраструктуры
и его существенные условия

      23. Услуги инфраструктуры оказываются на основании договора, заключаемого в простой письменной форме между оператором инфраструктуры и перевозчиком.

      24. Договор не должен содержать нормы, противоречащие принципам и требованиям, установленным Правилами доступа и настоящими Правилами, а также законодательству государства-члена, на территории которого расположена инфраструктура.

      25. В случае если в период действия договора будет установлена недостоверность представленной перевозчиком информации (за исключением прогнозируемых показателей), указанной в пункте 17 Правил доступа и предусмотренной договором, оператор инфраструктуры вправе расторгнуть договор в порядке, установленном законодательством государства-члена, на территории которого расположена инфраструктура.

      26. Запрещается уступка права требования перевозчика, вытекающего из договора, за исключением случаев, предусмотренных пунктом 27 настоящих Правил.

      27. При невозможности использования прав, вытекающих из договора, перевозчик может с согласия оператора инфраструктуры передать это право другому перевозчику при наличии у последнего заключенного договора на условиях, предусмотренных договором.

      28. Договор должен содержать следующие существенные условия:

      1) предмет договора (объемы услуг, доля пропускной способности инфраструктуры (количество ниток графика), участки инфраструктуры);

      2) условия и сроки оказания услуг инфраструктуры;

      3) стоимость услуг (тарифы, цены, ставки сборов) или порядок ее определения;

      4) порядок и условия оплаты услуг (порядок расчетов, способы оплаты, валюта платежа);

      5) ответственность сторон по договору за причинение убытков, неисполнение или ненадлежащее исполнение обязательств по договору (неустойки, штрафы, возмещение убытков);

      6) форс-мажорные обстоятельства (обстоятельства непреодолимой силы);

      7) срок действия, основания и порядок прекращения действия (расторжения) договора, включая условия прекращения действия (расторжения) договора.

      29. Между оператором инфраструктуры и перевозчиком может быть заключен разовый договор при наличии заключенного договора (либо дополнительное соглашение к договору) при подаче дополнительной заявки на дополнительную перевозку.

VI. Права и обязанности оператора
инфраструктуры и перевозчика

      30. Перевозчик имеет право:

      1) направлять оператору инфраструктуры предложения по организации перевозок;

      2) получать информацию в объеме, необходимом для организации перевозок в соответствии с настоящими Правилами и Правилами доступа, с обязательным соблюдением требований законодательства государства-члена, на территории которого расположена инфраструктура, в том числе требования обеспечения национальной безопасности, с учетом ограничений на распространение информации, содержащей сведения, отнесенные к государственной тайне (государственным секретам) или к сведениям ограниченного распространения;

      3) получать доступ к услугам инфраструктуры и услуги инфраструктуры для осуществления перевозочной деятельности, в том числе в пути следования поезда в соответствии с условиями договора;

      4) реализовывать иные права, установленные законодательством

      государства-члена, на территории которого расположена

      инфраструктура, и (или) в соответствии с заключенными договорами.

      31. Перевозчик обязан:

      1) представлять оператору инфраструктуры сведения и документы, необходимые для оказания услуг инфраструктуры;

      2) обеспечивать соответствие подвижного состава требованиям безопасности на железнодорожном транспорте, установленным законодательством государства-члена, на территории которого расположена инфраструктура, и актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура;

      3) сообщать оператору инфраструктуры об инцидентах и обстоятельствах, которые влекут (могут повлечь) нарушение требований по безопасности в области железнодорожного транспорта, установленных законодательством государства-члена, на территории которого расположена инфраструктура, а также принимать меры по их устранению (предотвращению);

      4) обеспечивать соблюдение требований по безопасности движения и эксплуатации на железнодорожном транспорте, установленных законодательством государства-члена, на территории которого расположена инфраструктура, и актами оператора инфраструктуры, не противоречащими законодательству государства-члена, на территории которого расположена инфраструктура;

      5) обеспечивать защиту сведений, составляющих коммерческую (служебную) тайну оператора инфраструктуры, ставших известными перевозчику;

      6) оплачивать услуги инфраструктуры по тарифам, установленным в соответствии с законодательством государства-члена, на территории которого расположена инфраструктура, а также производить иные причитающиеся оператору инфраструктуры платежи в объеме, сроки и на условиях, предусмотренных договором;

      7) возмещать суммы не предусмотренных отдельными договорами издержек, понесенных оператором инфраструктуры в связи с передислокацией (перемещением) вагонов (поездов) и (или) отстоем подвижного состава перевозчиков на станциях;

      8) уведомлять в письменной форме оператора инфраструктуры об отказе от получения услуг, предусмотренных договором, в сроки, установленные законодательством государства-члена, на территории которого расположена инфраструктура;

      9) обеспечить согласование и соблюдение условий железнодорожной перевозки грузов на особых условиях, негабаритных грузов в порядке, предусмотренном законодательством государства-члена, на территории которого расположена инфраструктура;

      10) обеспечить перевозки в согласованном объеме и соответствие иных параметров (условий) железнодорожной перевозки провозным способностям участков инфраструктуры железнодорожного транспорта и (или) перерабатывающим способностям железнодорожных станций по маршруту следования груза;

      11) возмещать причиненный ущерб оператору инфраструктуры и (или) третьим лицам;

      12) выполнять иные обязанности, установленные договором и законодательством государства-члена, на территории которого расположена инфраструктура.

      32. Оператор инфраструктуры имеет право:

      1) принимать меры по обеспечению безопасности движения, в том числе:

      устанавливать временные и постоянные ограничения скорости движения поездов на участках инфраструктуры;

      остановить движение поезда на станции, перегоне в случаях обнаружения средствами автоматического и визуального контроля технических неисправностей и выявления коммерческих браков подвижного состава на ходу поезда, угрожающих безопасности движения;

      использовать ресурсы (подвижной состав, персонал) перевозчика при возникновении ситуаций, препятствующих движению поездов, для восстановления работы инфраструктуры;

      давать перевозчику распоряжения (приказы, предписания, указания, предупреждения и др.), касающиеся обеспечения требований безопасности движения поездов, нормативов графика движения поездов, плана и порядка формирования поездов, технологических процессов работы станций (линейных подразделений) инфраструктуры;

      2) требовать на этапе заключения договора от перевозчика сертификат безопасности на железнодорожном транспорте, лицензии на осуществление всех подлежащих лицензированию видов деятельности при осуществлении перевозок;

      3) требовать на этапе исполнения договора от перевозчика документы, подтверждающие соответствие требованиям системы безопасности железнодорожного транспорта;

      4) вносить в одностороннем порядке изменения и дополнения в договор в части корректировки выделенной доли пропускной способности (ниток графика) в случае использования перевозчиком выделенной доли пропускной способности участка инфраструктуры не в полном объеме, чем установлено графиком движения поездов;

      5) принимать решения о передислокации (перемещении) и отстое подвижного состава перевозчиков на станции, где имеются свободные путевые возможности для его отстоя, или локальной инфраструктуре, в случае использования перевозчиком инфраструктуры с нарушением условий договора;

      6) отказать перевозчику в доступе к инфраструктуре по независящим от оператора инфраструктуры причинам (по вине третьих лиц, включая соседние (граничащие) железнодорожные администрации и (или) владельцев локальных инфраструктур) без признания таких фактов нарушением условий договора;

      7) принять в одностороннем порядке решение о временном прекращении оказания услуг, связанных с перевозкой в определенных направлениях железнодорожного сообщения, или об оказании услуг не в полном объеме, в случае возникновения чрезвычайных ситуаций природного и техногенного характера, а также при введении чрезвычайного положения и иных обстоятельств, препятствующих перевозке;

      8) ограничить доступ к инфраструктуре в случае возникновения нештатных ситуаций с отменой распределенных ниток графика на срок, необходимый для восстановления инфраструктуры;

      9) реализовывать иные права, установленные законодательством государства-члена, на территории которого расположена инфраструктура, и (или) заключенными договорами.

      33. Оператор инфраструктуры обязан:

      1) принимать и рассматривать предложения перевозчиков по организации перевозок, а также сведения и документы, необходимые для оказания услуг инфраструктуры;

      2) своевременно представлять перевозчикам информацию в объеме, необходимом для организации перевозок в соответствии с настоящими Правилами и Правилами доступа, с обязательным соблюдением требований законодательства государства-члена, на территории которого расположена инфраструктура, в том числе требований обеспечения национальной безопасности, с учетом ограничений, установленных на распространение информации, содержащей сведения, отнесенные к государственной тайне (государственным секретам) или к сведениям ограниченного распространения;

      3) распределять пропускную способность инфраструктуры в рамках технической и технологической способности инфраструктуры в соответствии с Правилами доступа;

      4) информировать перевозчика об изменениях в графике движения поездов, влекущих за собой изменение согласованных сроков и условий оказания услуг, в сроки и порядке, предусмотренные договором;

      5) оповещать перевозчика на условиях, определенных в договоре, об авариях, повреждениях на инфраструктуре и прочих обстоятельствах, которые могут создать препятствие перевозчику для осуществления его деятельности при использовании инфраструктуры;

      6) обеспечивать защиту сведений, составляющих коммерческую (служебную) тайну перевозчиков, ставших известными оператору инфраструктуры в ходе оказания услуг инфраструктуры;

      7) содержать необходимые технические средства в исправном состоянии и принимать меры по предупреждению и ликвидации перерывов в движении поездов, возникших в связи с природными или техногенными авариями;

      8) выполнять иные обязанности, установленные договором и законодательством государства-члена, на территории которого расположена инфраструктура.

VII. Порядок разрешения споров

      34. Все споры и разногласия между перевозчиком и оператором инфраструктуры, возникшие в ходе применения настоящих Правил или в ходе оказания услуг, решаются путем проведения переговоров.

      35. В случае если в ходе переговоров перевозчик и оператор инфраструктуры не смогут достичь взаимного согласия, все споры и разногласия разрешаются в порядке, установленном законодательством государства-члена, на территории которого расположена инфраструктура.

  Приложение
к Правилам оказания услуг инфраструктуры
железнодорожного транспорта в рамках
Евразийского экономического союза

  Перечень
услуг инфраструктуры железнодорожного транспорта

      Примечание РЦПИ!
      В соответствии со статьей 2 Протокола изменения, внесенные Перечень Законом РК от 02.08.2015 № 346-V вступают в силу по истечении 24 месяцев с даты вступления настоящего Протокола в силу.
      Сноска. Перечень с изменениями, внесенными Законом РК от 02.08.2015 № 346-V.

№

пп



Республика

Беларусь



Республика

Казахстан*



Российская

Федерация**



Республика Армения



Кыргызская Республика***



1.



Предоставление инфраструктуры и выполнение необходимых работ для осуществления движения (проследования) поездов, включая электроснабжение тягового подвижного состава перевозчика



Предоставление инфраструктуры и выполнение необходимых работ для осуществления движения (проследования) поездов



Предоставление инфраструктуры и выполнение необходимых работ для осуществления движения (проследования) поездов, включая электроснабжение тягового подвижного состава перевозчика



Предоставление инфраструктуры и выполнение необходимых работ для осуществления движения (проследования) поездов



Предоставление инфраструктуры и выполнение необходимых работ для осуществления движения (проследования) поездов



2.



Предоставление инфраструктуры и выполнение необходимых работ для маневровых передвижений, включая электроснабжение тягового подвижного состава перевозчика



Предоставление инфраструктуры и выполнение необходимых работ для маневровых передвижений



Предоставление инфраструктуры и выполнение необходимых работ для маневровых передвижений, включая электроснабжение тягового подвижного состава перевозчика



Предоставление инфраструктуры и выполнение необходимых работ для маневровых передвижений



Предоставление инфраструктуры и выполнение необходимых работ для маневровых передвижений



3.



Услуги по техническому и коммерческому контролю, направленные на обеспечение безопасности движения поездов и сохранности перевозимых грузов, багажа и грузобагажа








Услуги по техническому и коммерческому контролю, направленные на обеспечение безопасности движения поездов





     

      _______________

      * В том числе для участков инфраструктуры принадлежности Республики Казахстан на территории Российской Федерации;

      ** В том числе для участков инфраструктуры принадлежности Российской Федерации на территории Республики Казахстан.

      ***В том числе для участков инфраструктуры принадлежности Кыргызской Республики на территории Республики Казахстан.

  ПРИЛОЖЕНИЕ № 25
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о порядке регулирования закупок

I. Общие положения

      1. Настоящий Протокол разработан в соответствии с разделом XXII Договора о Евразийском экономическом союзе (далее - Договор) и определяет порядок регулирования закупок.

      2. Понятия, используемые в разделе XXII Договора и настоящем Протоколе, означают следующее:

      "веб-портал" - единый официальный сайт государства-члена в сети Интернет, предоставляющий единое место доступа к информации о закупках;

      "заказчик" — государственный орган, орган местного самоуправления, бюджетная организация (в том числе государственные (муниципальные) учреждения), а также иные лица в случаях, определенных законодательством государства-члена о закупках, осуществляющие закупки в соответствии с этим законодательством. Законодательством государства-члена о закупках может быть предусмотрено создание (функционирование) организатора закупок, деятельность которого осуществляется в соответствии с этим законодательством. При этом не допускается передача организатору закупок функций заказчика по заключению договора (контракта) о закупке;

      "закупки" - государственные (муниципальные) закупки, под которыми понимается приобретение заказчиками товаров, работ, услуг, и иные закупки за счет бюджетных, а также иных средств в случаях, предусмотренных законодательством государства-члена о закупках, а также отношения, связанные с исполнением договоров (контрактов) о закупках;

      "информация о закупках" - извещение о проведении закупки, документация о закупке (в том числе проект договора (контракта) о закупке), изменения, вносимые в такие извещения, документацию, разъяснения документации о закупке, протоколы, составленные в процессе закупки, сведения о результате процедуры закупки, сведения о договорах (контрактах) о закупках и дополнительных соглашениях к таким договорам, сведения о результате исполнения договора (контракта) о закупке, сведения о поступлении жалоб в орган государства-члена, осуществляющий функции регулирования и (или) контроля в сфере закупок, об их содержании и решениях, принятых по результатам рассмотрения таких жалоб, о предписаниях, выданных такими органами. Информация о закупках подлежит обязательному размещению на веб-портале;

      "национальный режим" - режим, предусматривающий, что каждое государство-член для целей закупок, обеспечивает товарам, работам и услугам, происходящим с территорий государств-членов, потенциальным поставщикам государств-членов и поставщикам государств-членов, предлагающим такие товары, выполняющим работы и оказывающим услуги, режим не менее благоприятный, чем предоставляемый товарам, работам и услугам, происходящим с территории своего государства, а также потенциальным поставщикам и поставщикам своего государства, предлагающим такие товары, выполняющим работы и оказывающим услуги. Страна происхождения товара определяется в соответствии с правилами определения страны происхождения товаров, действующими на таможенной территории Союза;

      "оператор электронной торговой площадки (электронной площадки)" - юридическое лицо или осуществляющее предпринимательскую деятельность физическое лицо, которые в соответствии с законодательством государства-члена владеют электронной торговой площадкой (электронной площадкой), необходимыми для ее функционирования программно-аппаратными средствами и (или) обеспечивают ее функционирование;

      "поставщик" - лицо, которое является поставщиком, исполнителем либо подрядчиком и с которым заключен договор (контракт) о закупке;

      "потенциальный поставщик" - любое юридическое лицо или любое физическое лицо (в том числе индивидуальный предприниматель);

      "электронная торговая площадка (электронная площадка)" - сайт в сети Интернет, определенный в порядке, установленном законодательством государства-члена о закупках, для проведения закупок в электронном формате. При этом законодательством государства-члена о закупках может быть установлено, что электронной торговой площадкой (электронной площадкой) является веб-портал, а также должно быть определено ограниченное число электронных торговых площадок (электронных площадок);

      "электронный формат закупок" - процедура организации и проведения закупок, осуществляемая с использованием сети Интернет, веб-портала и (или) электронной торговой площадки (электронной площадки), а также программно-аппаратных средств.

      Сноска. Пункт 2 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      3. При применении настоящего Протокола, если из положений законодательства государства-члена не следует иной смысл, чем установлено настоящим Протоколом, приведение законодательства государства-члена в соответствие с настоящим Протоколом не требуется.

II. Требования в сфере закупок

      4. Закупки в государствах-членах проводятся следующими способами:

      открытый конкурс, который в том числе может предусматривать двухэтапные процедуры и предварительный квалификационный отбор (далее - конкурс);

      запрос ценовых предложений (запрос котировок);

      запрос предложений (если это предусмотрено законодательством государства-члена о закупках);

      открытый электронный аукцион (далее - аукцион);

      биржевые торги (если это предусмотрено законодательством государства-члена о закупках);

      закупки из одного источника либо у единственного поставщика (исполнителя, подрядчика).

      Государства-члены обеспечивают проведение конкурса и аукциона только в электронном формате и стремятся к переходу на электронный формат при осуществлении других способов закупок.

      Для обеспечения беспрепятственного доступа потенциальных поставщиков и поставщиков государств-членов к участию в закупках, проводимых в электронном формате, государства-члены взаимно признают электронную цифровую подпись (электронную подпись), изготовленную в соответствии с законодательством одного из государств-членов. Правила взаимного признания электронной цифровой подписи (электронной подписи), изготовленной в соответствии с законодательством одного государства-члена, другими государствами-членами для целей закупок определяются Советом Комиссии.

      Сноска. Пункт 4 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      5. Закупки путем проведения конкурса осуществляются с учетом требований, предусмотренных пунктами 1-4 приложения № 1 к настоящему Протоколу.

      6. Закупки путем проведения запроса ценовых предложений (запроса котировок) осуществляются с учетом требований, предусмотренных пунктом 5 приложения № 1 к настоящему Протоколу.

      7. Закупки путем проведения запроса предложений осуществляются с учетом требований, предусмотренных пунктом 6 приложения № 1 к настоящему Протоколу, в случаях, предусмотренных приложением № 2 к настоящему Протоколу, а также в случаях, предусмотренных пунктами 10, 42, 44, 47, 59 и 63 Приложения № 3 к настоящему Протоколу, если это установлено законодательством государства-члена о закупках.

      8. Закупки путем проведения аукциона осуществляются с учетом требований, предусмотренных пунктами 7 и 8 приложения № 1 к настоящему Протоколу, в соответствии с приложением № 4 к настоящему Протоколу.

      Государство-член вправе установить в своем законодательстве о закупках более широкий перечень товаров, работ и услуг, закупки по которому осуществляются путем проведения аукциона.

      9. На товарной бирже могут осуществляться закупки биржевых товаров (в том числе товаров, предусмотренных приложением № 4 к настоящему Протоколу).

      Государство-член вправе в своем законодательстве определять товарные биржи, на которых могут осуществляться закупки.

      10. Закупки из одного источника либо у единственного поставщика (исполнителя, подрядчика) осуществляются с учетом требований, указанных в пункте 10 приложения № 1 к настоящему Протоколу, в случаях, предусмотренных приложением № 3 к настоящему Протоколу.

      Государство-член вправе сократить в своем законодательстве о закупках перечень товаров, работ и услуг, предусмотренный приложением № 3 к настоящему Протоколу.

      11. Государство-член вправе в одностороннем порядке в своем законодательстве о закупках установить особенности осуществления закупок, связанные с необходимостью соблюдения конфиденциальности информации о потенциальных поставщиках до окончания осуществления закупки, а также в исключительных случаях на срок не более 2 лет - особенности осуществления закупок отдельных видов товаров, работ и услуг.

      Решения и действия в отношении установления таких особенностей принимаются в порядке, предусмотренном пунктами 32 и 33 настоящего Протокола.

      12. Закупки осуществляются заказчиком самостоятельно либо с участием организатора закупок (в случае если законодательством государства-члена о закупках предусмотрено функционирование организатора закупок).

      13. Законодательством государства-члена о закупках должно быть предусмотрено формирование и ведение реестра недобросовестных поставщиков, в который включаются сведения:

      о потенциальных поставщиках, уклонившихся от заключения договоров (контрактов) о закупках;

      о поставщиках, не исполнивших либо ненадлежащим образом исполнивших свои обязательства по заключенным с ними договорам (контрактам) о закупках;

      о поставщиках, с которыми заказчики в одностороннем порядке расторгли договоры (контракты) о закупках, в ходе исполнения которых установлено, что поставщик не соответствует установленным документацией о закупке требованиям к потенциальным поставщикам, поставщикам или предоставил недостоверную информацию о своем соответствии таким требованиям, что позволило ему стать победителем процедуры закупки, по результатам которой заключен такой договор.

      Законодательством государства-члена о закупках может быть предусмотрено включение в реестр недобросовестных поставщиков государства-члена сведений об учредителях, членах коллегиальных исполнительных органов, лицах, исполняющих функции единоличного исполнительного органа лица, включенного в такой реестр.

      Включение в реестр недобросовестных поставщиков осуществляется на 2 года при подтверждении сведений (установлении фактов), предусмотренных абзацами вторым - четвертым настоящего пункта, на основании решения суда и (или) органа (органов) государства-члена, осуществляющего функции регулирования и (или) контроля в сфере закупок.

      Лицо, сведения о котором включены в реестр недобросовестных поставщиков, вправе обжаловать включение в этот реестр в судебном порядке.

      Законодательством государства-члена о закупках могут быть предусмотрены исключения в части, касающейся включения в реестр недобросовестных поставщиков потенциальных поставщиков и поставщиков, определенных в соответствии с пунктами 1 и 6 приложения № 3 к настоящему Протоколу.

      Сноска. Пункт 13 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      14. Законодательством государства-члена о закупках может быть предусмотрено право или обязанность заказчика осуществлять допуск к участию в закупке исходя из сведений, содержащихся в реестре недобросовестных поставщиков этого государства-члена и (или) в реестрах недобросовестных поставщиков других государств-членов.

      15. Государства-члены ограничивают участие в закупках:

      1) путем установления в соответствии со своим законодательством о закупках дополнительных требований к потенциальным поставщикам и поставщикам при закупке отдельных видов товаров, работ и услуг;

      2) в иных случаях, установленных настоящим Протоколом.

      16. Законодательством государства-члена о закупках устанавливается запрет:

      1) на включение в условия закупок любых не измеряемых количественно и (или) неадминистрируемых требований к потенциальным поставщикам и поставщикам;

      2) на допуск к участию в закупках потенциальных поставщиков, не соответствующих требованиям документации о закупках;

      3) на отказ потенциальным поставщикам в допуске к участию в закупке по основаниям, не предусмотренным извещением о проведении закупки и (или) документацией о закупке.

      17. Не допускается взимание с потенциальных поставщиков и поставщиков платы за участие в закупках, за исключением случаев, предусмотренных законодательством государства-члена о закупках.

      18. Законодательством государства-члена о закупках могут устанавливаться требования к потенциальным поставщикам и поставщикам об обеспечении заявки на участие в закупках, а также об обеспечении исполнения договора (контракта) о закупке.

      Законодательством государства-члена о закупках устанавливаются размер и формы обеспечения заявки на участие в закупке, а также обеспечения исполнения договора (контракта) о закупке. При этом размер обеспечения заявки на участие в закупке не должен превышать 5 процентов начальной (максимальной) цены договора (контракта) о закупке (ориентировочной стоимости закупки), а обеспечение исполнения договора (контракта) о закупке - 30 процентов начальной (максимальной) цены договора (контракта) о закупке (ориентировочной стоимости закупки), за исключением случая, когда договором (контрактом) о закупке предусмотрена выплата аванса. В этом случае размер обеспечения исполнения договора (контракта) о закупке должен составлять не менее 50 процентов размера аванса.

      В случае если договор (контракт) о закупке содержит требование о предоставлении поставщику аванса, поставщик вправе от него отказаться.

      Законодательством государства-члена о закупках должно быть установлено не менее 2 способов (видов) обеспечения заявки на участие в закупке и обеспечения исполнения договора (контракта) о закупке.

      При этом в качестве обеспечения заявки на участие в закупке и обеспечения исполнения договора (контракта) о закупке принимаются в том числе:

      гарантийный денежный взнос, который вносится на банковский счет заказчика либо, в случае если это установлено законодательством государства-члена о закупках, организатора закупок, оператора электронной торговой площадки (электронной площадки);

      банковская гарантия.

      Требования к банковским гарантиям для целей закупок устанавливаются законодательством государства-члена.

      Законодательство государства-члена о закупках должно устанавливать требование о своевременном возврате обеспечения заявки на участие в закупке и обеспечения исполнения договора (контракта) о закупке потенциальным поставщикам и поставщикам в случаях, предусмотренных таким законодательством.

      19. В документацию о закупке и иные документы при проведении закупок не включаются требования или указания на товарные знаки, знаки обслуживания, фирменные наименования, патенты, полезные модели, промышленные образцы, наименование места происхождения товара, производителя или поставщика, за исключением случаев, когда не имеется другого достаточно точного способа описания характеристик объекта закупок (в таких случаях заказчик включает в документацию о закупке слова "или эквивалент (аналог)"). Исключением является несовместимость закупаемого товара с товаром, используемым заказчиком, при необходимости обеспечения совместимости таких товаров (в том числе для доукомплектования, модернизации и дооснащения основного (установленного) оборудования).

      Заказчик вправе устанавливать стандартные показатели, требования, условные обозначения и терминологию, касающиеся технических и качественных характеристик объекта закупки, определенных в соответствии с техническими регламентами, стандартами и иными требованиями, предусмотренными международными договорами и актами, составляющими право Союза, и (или) законодательством государства-члена.

      20. Членами комиссии (в том числе конкурсной, аукционной и котировочной) не могут быть физические лица, лично заинтересованные в результатах закупок (в том числе физические лица, подавшие заявки на участие в конкурсе, аукционе, запросе ценовых предложений (запросе котировок) или запросе предложений), работники потенциальных поставщиков, подавших заявки на участие в конкурсе, аукционе, запросе ценовых предложений (запросе котировок) или запросе предложений, либо физические лица, на которых способны оказывать влияние потенциальные поставщики (в том числе физические лица, являющиеся участниками (акционерами) потенциальных поставщиков, работниками их органов управления и кредиторами потенциальных поставщиков), а также непосредственно осуществляющие контроль в сфере закупок должностные лица органов государства-члена, осуществляющих функции регулирования и (или) контроля в сфере закупок.

      Сноска. Пункт 20 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      21. Договор (контракт) о закупке должен содержать следующие обязательные условия:

      1) ответственность сторон за неисполнение или ненадлежащее исполнение предусмотренных таким договором (контрактом) о закупке обязательств;

      2) порядок оплаты, а также осуществления заказчиком приемки результата закупки для оценки его соответствия (в том числе по количеству (объему), комплектности, качеству) требованиям, установленным договором (контрактом) о закупке.

      22. В законодательстве государства-члена о закупках должен быть предусмотрен запрет:

      1) на установление условий договора (контракта) о закупке, которые влекут за собой ограничение количества потенциальных поставщиков и поставщиков в случаях, не предусмотренных таким законодательством;

      2) на односторонний отказ заказчиков и поставщиков от исполнения договорных обязательств в случае надлежащего исполнения другой стороной обязательств по договору (контракту) о закупке и в случаях, не предусмотренных таким законодательством;

      3) на изменение условий исполнения договорных обязательств, в том числе изменение цены договора (контракта) о закупке, за исключением случаев, предусмотренных таким законодательством. Не допускается уменьшение количества товаров, объема работ и услуг без пропорционального снижения цены договора (контракта) о закупке.

      23. Допускается заключение договора (контракта) о закупке с несколькими поставщиками в случаях, предусмотренных законодательством государства-члена.

      24. Законодательством государства-члена о закупках может быть установлено требование о заключении договора (контракта) о закупке, предусматривающего закупку товара или работы, последующие обслуживание, эксплуатацию в течение срока службы, ремонт и утилизацию поставленного товара или созданного в результате выполнения работы объекта (договор (контракт) жизненного цикла).

      25. Законодательством государства-члена о закупках в отношении конкретных закупок может быть предусмотрена необходимость включения в проект договора (контракта) о закупке, являющегося неотъемлемой частью документации о закупке, дополнительных условий его исполнения (в том числе не связанных с объектом закупки).

      26. Законодательством государства-члена о закупках может быть предусмотрена обязанность потенциального поставщика и (или) поставщика предоставить заказчику информацию о всех соисполнителях и субподрядчиках по договору (контракту) о закупке.

      27. Законодательством государства-члена о закупках может быть предусмотрено банковское сопровождение договора (контракта) о закупке.

      28. Государства-члены стремятся к переходу до 2016 года на заключение договоров (контрактов) о закупках в электронном формате.

      29. Государства-члены обеспечивают информационную открытость и прозрачность закупок, в том числе посредством:

      1) создания каждым государством-членом веб-портала;

      2) публикации (размещения) на веб-портале информации о закупках, реестра недобросовестных поставщиков (в том числе на русском языке);

      3) публикации (размещения) на веб-портале нормативных правовых актов государства-члена в сфере закупок (в том числе на русском языке);

      4) определения ограниченного числа электронных торговых площадок (электронных площадок) и (или) веб-портала в качестве единого места доступа к информации о закупках в электронном формате и к электронным услугам, связанным с такими закупками, в случае если это предусмотрено законодательством государства-члена о закупках;

      5) организации беспрепятственного и бесплатного доступа к информации о закупках, реестру недобросовестных поставщиков и нормативным правовым актам государства-члена в сфере закупок, публикуемым (размещаемым) на веб-портале, а также обеспечения максимально широкого поиска сведений по такой информации, реестру и актам.

      6) формирования информации (отчетности) в сфере закупок, в том числе по показателям и форматам, утверждаемым Комиссией.

      Сноска. Пункт 29 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

III. Национальный режим и особенности его обеспечения

      30. Каждое из государств-членов обеспечивает в отношении товаров, работ и услуг, происходящих с территорий других государств-членов, а также в отношении потенциальных поставщиков и поставщиков других государств-членов, предлагающих такие товары, работы и услуги, национальный режим в сфере закупок.

      31. Государство-член вправе в одностороннем порядке, установленном своим законодательством о закупках, установить в исключительных случаях изъятия из национального режима на срок не более 2 лет.

      32. Орган государства-члена, осуществляющий функции регулирования и (или) контроля в сфере закупок, заблаговременно, но не позднее 15 календарных дней до даты принятия акта об установлении изъятий в соответствии с пунктом 31 настоящего Протокола, в письменной форме уведомляет Комиссию и каждое из государств-членов о принятии такого акта с обоснованием необходимости его принятия.

      Государство-член, получившее такое уведомление, может обратиться в направивший его орган с предложением о проведении соответствующих консультаций.

      Государство-член, направившее указанное уведомление, не может отказать в проведении консультаций.

      Сноска. Пункт 32 с изменением, внесенным Законом РК от 19.04.2024 № 75-VIII.

      33. Комиссия вправе принять решение о необходимости отмены акта об установлении изъятий, принятого государством-членом в соответствий с пунктом 31 настоящего Протокола, в течение 1 года с даты его принятия.

      В случае принятия Комиссией решения о необходимости отмены указанного акта принявшее его государство-член обеспечивает в 2 месячный срок внесение соответствующих изменений в такой акт (признание его утратившим силу).

      Рассмотрение Комиссией уведомлений о принятии актов в соответствии с пунктом 31 настоящего Протокола и обращений государств-членов по вопросам их отмены, а также принятие Комиссией решений о необходимости отмены таких актов осуществляются в порядке, определяемом Комиссией.

      В случае если по истечении 2 месяцев с даты вступления в силу решения Комиссии о необходимости отмены акта, принятого в соответствии с пунктом 31 настоящего Протокола, государство-член, в отношении которого вынесено указанное решение, не выполнит его, каждое из других государств-членов в одностороннем порядке вправе не распространять национальный режим на такое государство-член. Уведомление об этом незамедлительно направляется в Комиссию и каждому из государств-членов.

      34. В случае если государство-член не выполнит обязательства, предусмотренные разделом XXII Договора и настоящим Протоколом, другие государства-члены вправе обратиться в Комиссию. По результатам рассмотрения обращения Комиссия принимает одно из следующих решений:

      об отсутствии факта нарушения;

      о признании факта нарушения и необходимости устранения государством-членом выявленного нарушения.

      В случае если по истечении 2 месяцев со дня принятия решения о необходимости устранения выявленного нарушения, государство-член, в отношении которого вынесено такое решение, не выполнит его, каждое из других государств-членов в одностороннем порядке вправе не распространять национальный режим на такое государство-член.

      Уведомление об этом незамедлительно направляется в Комиссию и каждому из государств-членов.

IV. Обеспечение прав и законных интересов лиц
при участии в закупках

      35. Каждое из государств-членов принимает меры по предупреждению, выявлению и пресечению нарушений своего законодательства о закупках.

      36. Объем обеспечиваемых прав и законных интересов лиц в сфере закупок определяется разделом XXII Договора, настоящим Протоколом и законодательством государства-члена о закупках.

      37. В целях обеспечения прав и законных интересов лиц в сфере закупок, а также осуществления контроля за соблюдением законодательства государства-члена о закупках государство-член обеспечивает осуществление органом (органами) государства-члена, определенным в соответствии с его законодательством, функций регулирования и (или) контроля в сфере закупок, в том числе:

      1) осуществление контроля в сфере закупок (в том числе путем проведения проверок);

      2) рассмотрение жалоб и обращений в отношении решений и действий (бездействия) заказчиков, организаторов закупок, операторов электронных торговых площадок (электронных площадок), операторов веб-порталов, товарных бирж, комиссий и иных лиц при осуществлении закупок, нарушающих законодательство государства-члена о закупках. При этом решения и действия (бездействие) заказчиков, организаторов закупок, операторов электронных торговых площадок (электронных площадок), операторов веб-порталов, товарных бирж, комиссий и иных лиц при осуществлении закупок, принятые (совершенные) до окончания срока подачи заявок на участие в закупке, вправе обжаловать не только любой потенциальный поставщик, но и иное лицо в порядке, установленном законодательством государства-члена о закупках;

      3) предупреждение и выявление нарушений законодательства государства-члена о закупках, а также принятие мер по устранению указанных нарушений (в том числе путем выдачи обязательного для исполнения предписания об устранении таких нарушений и привлечения виновных лиц к ответственности за такие нарушения);

      4) формирование и ведение реестра недобросовестных поставщиков.

      Сноска. Пункт 37 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

V. Обеспечение мер, повышающих эффективность закупок и направленных на реализацию социальных функций

      38. Законодательством государства-члена о закупках устанавливается требование о планировании закупок.

      39. Законодательством государства-члена о закупках могут быть предусмотрены следующие нормы, повышающие эффективность закупок:

      1) нормирование закупок путем установления требований к закупаемым товарам, работам и услугам (в том числе к предельной цене товаров, работ и услуг) и (или) нормативных затрат на обеспечение функций заказчиков;

      2) осуществление общественного контроля и общественного обсуждения закупок;

      3) применение антидемпинговых мер;

      4) привлечение экспертов, экспертных организаций.

      40. В случаях и порядке, предусмотренных законодательством государства-члена о закупках, при осуществлении закупок могут устанавливаться преимущества для учреждений и предприятий уголовно-исполнительной системы, организаций инвалидов, субъектов малого и среднего предпринимательства, а также социально ориентированных некоммерческих организаций.

      Информация о таких преимуществах указывается заказчиком в извещении о проведении закупки и документации о закупке.

      41. Для обсуждения наиболее актуальных вопросов

      правоприменительной практики, обмена информацией, совершенствования и гармонизации законодательства, совместной разработки методических материалов в сфере закупок Комиссия совместно с органами государств- членов, осуществляющими функции регулирования и (или) контроля в сфере закупок, проводит по предложению этих органов или по инициативе Комиссии совещания на уровне руководителей и экспертов.

      Сноска. Пункт 41 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

  Приложение № 1
к Протоколу о порядке
регулирования закупок


Требования
к организации и проведению
конкурса, запроса ценовых предложений (запроса котировок),
запроса предложений, аукциона и закупки из одного
источника либо у единственного поставщика (исполнителя,
подрядчика)

      1. Конкурс проводится в электронном формате, предусматривающем в том числе подачу заявок на участие в конкурсе в форме электронного документа.

      Победителем конкурса признается потенциальный поставщик, предложивший лучшие условия исполнения договора (контракта) о закупке.

      Не допускается установление критериев оценки, а также порядка оценки и сопоставления заявок на участие в конкурсе, влекущих за собой необъективное и (или) неадминистрируемое определение поставщика, не соответствующее законодательству государства-члена о закупках.

      2. Конкурс проводится с учетом следующих требований:

      1) утверждение конкурсной документации;

      2) утверждение состава конкурсной комиссии;

      3) публикация (размещение) на веб-портале извещения о проведении конкурса и конкурсной документации в сроки, предусмотренные законодательством государства-члена о закупках, но не менее чем за 15 календарных дней до даты окончания подачи заявок на участие в конкурсе. В случае внесения изменений в извещение о проведении конкурса и (или) конкурсную документацию срок подачи заявок на участие в конкурсе продлевается таким образом, чтобы с даты публикации (размещения) на веб-портале внесенных изменений до даты окончания подачи заявок на участие в конкурсе этот срок составлял не менее 10 календарных дней. При этом не допускается изменение предмета договора (контракта) о закупке;

      4) разъяснение положений конкурсной документации и публикация (размещение) таких разъяснений на веб-портале не позднее чем за 3 календарных дня до даты окончания подачи заявок на участие в конкурсе. Разъяснение положений конкурсной документации по запросу осуществляется в случае его получения не позднее чем за 5 календарных дней до даты окончания подачи заявок на участие в конкурсе;

      5) подача заявок на участие в конкурсе в форме электронного документа на электронную торговую площадку (электронную площадку) и (или) веб-портал;

      6) вскрытие, рассмотрение конкурсной комиссией заявок на участие в конкурсе для определения заявок, соответствующих требованиям конкурсной документации, в целях допуска потенциальных поставщиков к участию в конкурсе;

      7) публикация (размещение) на веб-портале протоколов вскрытия, рассмотрения заявок на участие в конкурсе и допуска потенциальных поставщиков к участию в конкурсе и информирование каждого потенциального поставщика о результатах таких вскрытия, рассмотрения и допуска не позднее рабочего дня, следующего за днем принятия конкурсной комиссией соответствующих решений;

      8) оценка, сопоставление заявок на участие в конкурсе, представленных потенциальными поставщиками, допущенными к участию в конкурсе, а также определение победителя конкурса и публикация (размещение) на веб-портале соответствующего протокола, информирование каждого потенциального поставщика о результатах таких оценки, сопоставления и определения победителя конкурса не позднее рабочего дня, следующего за днем принятия конкурсной комиссией соответствующих решений;

      9) заключение договора (контракта) о закупке на условиях, указанных в заявке на участие в конкурсе потенциального поставщика, определенного победителем конкурса, и в конкурсной документации не ранее 10 календарных или рабочих дней и не позднее 30 календарных дней с даты принятия решения об определении победителя конкурса или признание конкурса несостоявшимся в случаях, определенных законодательством государства-члена о закупках. Законодательством государства-члена о закупках также устанавливаются порядок и очередность заключения договора (контракта) о закупке между заказчиком и потенциальным поставщиком исходя из необходимости заключения договора (контракта) о закупке с потенциальным поставщиком, предложившим лучшие условия исполнения договора (контракта) о закупке, а также порядок действий заказчика в случае признания конкурса несостоявшимся;

      10) публикация (размещение) сведений о результате конкурса на электронной торговой площадке (электронной площадке) и (или) веб-портале и информирование каждого потенциального поставщика об итогах конкурса не позднее рабочего дня, следующего за днем принятия конкурсной комиссией соответствующих решений.

      Сноска. Пункт 2 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      3. При проведении конкурса, предусматривающего предварительный квалификационный отбор, применяются требования, указанные в пунктах 1 и 2 настоящего Приложения с учетом следующих особенностей:

      1) победитель конкурса определяется из числа потенциальных поставщиков, прошедших предварительный квалификационный отбор;

      2) дополнительные требования применяются к потенциальным поставщикам и поставщикам для осуществления предварительного квалификационного отбора и не могут использоваться в качестве критерия оценки и сопоставления заявок на участие в конкурсе.

      4. В случаях и порядке, определенных законодательством государства-члена о закупках, конкурс может проводиться с использованием двухэтапных процедур.

      На первом этапе конкурса с использованием двухэтапных процедур проводятся мероприятия по формированию экспертом (экспертной комиссией) технической спецификации закупаемых товаров, работ и услуг на основе технических предложений потенциальных поставщиков, разработанных в соответствии - с техническим заданием заказчика.

      На втором этапе конкурса с использованием двухэтапных процедур проводятся мероприятия, предусмотренные для проведения конкурса с учетом требований, указанных в пунктах 1 и 2 настоящего Приложения.

      5. Для применения способа запроса ценовых предложений (запроса котировок) законодательством государства-члена о закупках определяется предельная начальная (максимальная) цена договора (контракта) о закупке (ориентировочная стоимость закупки), в том числе при закупке товаров, работ и услуг по перечням согласно приложениям № 2 и 4 к Протоколу о порядке регулирования закупок (приложение № 25 к Договору о Евразийском экономическом союзе).

      Победителем запроса ценовых предложений (запроса котировок) признается потенциальный поставщик, предложивший наименьшую цену договора (контракта) о закупке.

      Любое из государств-членов стремится к переходу от проведения запроса ценовых предложений (запроса котировок) к преимущественному проведению аукционов.

      При проведении закупки способом запроса ценовых предложений (запроса котировок) на веб-портале публикуется (размещается) извещение о его проведении в сроки, установленные законодательством государства-члена о закупках, но не менее чем за 4 рабочих дня до даты окончания подачи заявок на участие в запросе ценовых предложений (запросе котировок).

      Протоколы комиссии, составленные в ходе проведения запроса ценовых предложений (запроса котировок), публикуются (размещаются) на электронной торговой площадке (электронной площадке) и (или) веб-портале, и уведомления о принятых котировочной комиссией решениях направляются каждому потенциальному поставщику не позднее рабочего дня, следующего за днем их принятия.

      Сноска. Пункт 5 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      6. Закупки путем проведения запроса предложений могут осуществляться в отношении товаров, работ и услуг, предусмотренных приложением № 2 к Протоколу о порядке регулирования закупок (приложение № 25 к Договору о Евразийском экономическом союзе).

      Победителем запроса предложений признается потенциальный поставщик, предложивший лучшие условия исполнения договора (контракта) о закупке в соответствии с законодательством государства-члена о закупках.

      При проведении закупки путем проведения запроса предложений на веб-портале публикуется (размещается) извещение о его проведении в сроки, установленные законодательством государства-члена о закупках, но не менее чем за 5 рабочих дней до даты окончания подачи заявок на участие в запросе предложений.

      Протоколы комиссии, составленные в ходе проведения запроса предложений, публикуются (размещаются) на электронной торговой площадке (электронной площадке) и (или) веб-портале, и уведомления о принятых комиссией решениях направляются каждому потенциальному поставщику не позднее рабочего дня, следующего за днем их принятия.

      Сноска. Пункт 6 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      7. В целях участия в аукционах потенциальные поставщики подлежат обязательной аккредитации на срок не менее чем на 3 года на веб-портале и (или) электронной торговой площадке (электронной площадке), если это предусмотрено законодательством государства-члена о закупках.

      Победителем аукциона признается потенциальный поставщик, предложивший наименьшую цену договора (контракта) о закупке и соответствующий требованиям документации об аукционе.

      8. Аукцион проводится с учетом следующих требований:

      1) утверждение документации об аукционе;

      2) утверждение состава аукционной комиссии;

      3) публикация (размещение) на электронной торговой площадке (электронной площадке) и (или) веб-портале извещения о проведении аукциона и документации об аукционе в сроки, предусмотренные законодательством государства-члена о закупках, но не менее чем за 15 календарных дней до даты окончания подачи заявок на участие в аукционе. В случае внесения изменений в извещение о проведении аукциона и (или) документацию об аукционе срок подачи заявок на участие в аукционе продлевается таким образом, чтобы с даты публикации (размещения) на электронной торговой площадке (электронной площадке) и (или) веб-портале внесенных изменений до даты окончания подачи заявок на участие в аукционе этот срок составлял не менее 7 календарных дней. При этом не допускается изменение предмета договора (контракта) о закупке. В случае если законодательством государства-члена о закупках предусмотрена начальная (максимальная) цена договора (контракта) о закупке (ориентировочная стоимость закупки), при которой возможно проведение аукциона в сокращенные сроки, законодательством государства-члена о закупках могут быть установлены более короткие сроки для подачи заявок на участие в аукционе, чем предусмотренные настоящим подпунктом, но не менее чем 7 календарных дней до даты окончания подачи заявок на участие в аукционе, а в случае внесения изменений в документацию об аукционе - не менее чем 3 календарных дня до даты окончания подачи заявок на участие в аукционе с даты опубликования (размещения) на электронной торговой площадке (электронной площадке) и (или) веб-портале таких изменений;

      4) разъяснение положений документации об аукционе и публикация (размещение) таких разъяснений на электронной торговой площадке (электронной площадке) и (или) веб-портале не позднее чем за 3 календарных дня до даты окончания подачи заявок на участие в аукционе. Разъяснение положений документации об аукционе по запросу осуществляется в случае его получения не позднее чем за 5 календарных дней до даты окончания подачи заявок на участие в аукционе;

      5) подача заявок на участие в аукционе в форме электронного документа на электронную торговую площадку (электронную площадку) или веб-портал;

      6) вскрытие и рассмотрение аукционной комиссией заявок на участие в аукционе для определения заявок, соответствующих требованиям документации об аукционе в части допуска представивших их потенциальных поставщиков к процедуре, указанной в подпункте 8 настоящего пункта;

      7) публикация (размещение) на электронной торговой площадке (электронной площадке) и (или) веб-портале протоколов вскрытия, рассмотрения заявок на участие в аукционе и допуска потенциальных поставщиков к процедуре, указанной в подпункте 8 настоящего пункта, и информирование каждого потенциального поставщика о результатах таких вскрытия, рассмотрения и допуска не позднее рабочего дня, следующего за днем принятия аукционной комиссией соответствующих решений;

      8) проведение процедуры снижения начальной (максимальной) цены договора (контракта) о закупке (ориентировочной стоимости закупки) путем аукциона на понижение цены. При этом законодательством государства-члена о закупках может быть предусмотрено, что в случае снижения цены договора (контракта) о закупке до 0,5 процента начальной (максимальной) цены договора (контракта) о закупке (ориентировочной стоимости закупки) и ниже, аукцион продолжается путем повышения цены договора (контракта) о закупке, которую в таком случае оплачивает заказчику поставщик;

      9) публикация (размещение) протокола о результатах процедуры, указанной в подпункте 8 настоящего пункта, на электронной торговой площадке (электронной площадке) и (или) веб-портале и информирование каждого потенциального поставщика о результатах такой процедуры в день ее окончания;

      10) рассмотрение аукционной комиссией заявок на участие в аукционе потенциальных поставщиков, принявших участие в процедуре, указанной в подпункте 8 настоящего пункта, для определения потенциальных поставщиков, соответствующих требованиям, предусмотренным документацией об аукционе, и определения победителя аукциона, а также публикация (размещение) протокола об этом на электронной торговой площадке (электронной площадке) и (или) веб-портале и информирование каждого потенциального поставщика о результатах такого рассмотрения и определения победителя аукциона не позднее рабочего дня, следующего за днем принятия аукционной комиссией соответствующих решений;

      11) заключение договора (контракта) о закупке на условиях, указанных в заявке на участие в аукционе потенциального поставщика, определенного победителем, и в документации об аукционе, по цене договора (контракта) о закупке такого потенциального поставщика согласно протоколу о результатах процедуры, указанной в подпункте 8 настоящего пункта, не ранее 10 календарных или рабочих дней и не позднее 30 календарных дней с даты принятия решения об определении победителя аукциона или признание аукциона несостоявшимся в случаях, определенных законодательством государства-члена о закупках. Законодательством государства-члена о закупках устанавливаются порядок и очередность заключения договора (контракта) о закупке между заказчиком и потенциальным поставщиком исходя из необходимости заключения договора (контракта) о закупке с потенциальным поставщиком, предложившим наименьшую цену договора (контракта) о закупке, а также порядок действий заказчика в случае признания аукциона несостоявшимся;

      12) публикация (размещение) сведений о результате аукциона на электронной торговой площадке (электронной площадке) и (или) веб-портале и информирование каждого потенциального поставщика об итогах аукциона не позднее рабочего дня, следующего за днем принятия аукционной комиссией соответствующих решений.

      Сноска. Пункт 8 с изменениями, внесенными Законом РК от 30.01.2024 № 56-VIII.

      9. В случае если это предусмотрено законодательством государства-члена о закупках, допускается осуществление закупок без применения норм, регламентирующих выбор поставщика и заключение с ним договора (контракта) о закупке. При этом такие закупки осуществляются в соответствии с гражданским законодательством государства-члена, в случаях, предусмотренных приложением № 3 к Протоколу о порядке регулирования закупок (приложение № 25 к Договору о Евразийском экономическом союзе).

      10. Закупка из одного источника либо у единственного поставщика (подрядчика, исполнителя) осуществляется при наличии расчета и обоснования цены договора (контракта) о закупке.

      Требования к размещению информации о закупке из одного источника либо у единственного поставщика (подрядчика, исполнителя) определяются законодательством государства-члена о закупках.

  Приложение № 2
к Протоколу о порядке
регулирования закупок


Перечень
случаев осуществления закупок путем
проведения запроса предложений

      1. Осуществление закупок товаров, работ или услуг, являющихся предметом договора (контракта) о закупке, расторжение которого осуществлено заказчиком с учетом требований пункта 22 Протокола о порядке регулирования закупок (приложение № 25 к Договору о Евразийском экономическом союзе). При этом в случае, если до расторжения договора (контракта) о закупке поставщик частично исполнил обязательства, предусмотренные договором (контрактом) о закупке, при заключении нового договора (контракта) о закупке на основании настоящего пункта количество поставляемого товара, объем выполняемой работы или оказываемой услуги должны быть уменьшены с учетом количества поставленного товара, объема выполненной работы или оказанной услуги по расторгнутому договору (контракту) о закупке, а цена договора (контракта) о закупке должна быть уменьшена пропорционально количеству поставленного товара, объему выполненной работы или оказанной услуги.

      2. Осуществление закупок лекарственных препаратов, необходимых для назначения пациенту при наличии медицинских показаний (индивидуальная непереносимость, по жизненным показаниям) по решению врачебной комиссии, которое фиксируется в медицинских документах пациента и журнале врачебной комиссии. При этом объем закупаемых лекарственных препаратов не должен превышать объем лекарственных препаратов, необходимых пациенту в течение срока лечения. Кроме того, при осуществлении закупок в соответствии с настоящим пунктом предметом одного договора (контракта) о закупке не могут являться лекарственные препараты, необходимые для назначения двум и более пациентам.

  Приложение № 3
к Протоколу о порядке
регулирования закупок


Перечень случаев осуществления закупок из одного источника либо у единственного поставщика (исполнителя, подрядчика)

      1. Закупки услуг, относящихся к сфере деятельности естественных монополий, за исключением услуг по реализации сжиженного газа, а также подключение (присоединение) к сетям инженерно-технического обеспечения по регулируемым в соответствии с законодательством государства-члена ценам (тарифам), услуг энергоснабжения или купли-продажи электрической энергии с гарантирующим поставщиком электрической энергии.

      2. Закупки услуг по хранению и ввозу (вывозу) наркотических средств и психотропных веществ.

      3. Приобретение товаров, работ и услуг по ценам (тарифам), установленным законодательством государства-члена.

      4. Поставка культурных ценностей (в том числе музейных предметов и музейных коллекций, а также редких и ценных изданий, рукописей, архивных документов, включая копии, имеющие историческое, художественное или иное культурное значение), предназначенных для пополнения государственных музейного, библиотечного, архивного фондов, кино-, фотофонда и иных аналогичных фондов.

      5. Выполнение работы по мобилизационной подготовке.

      6. Приобретение товаров, работ и услуг у конкретного лица, определенного законодательными актами государства-члена, а также приобретение товаров, работ и услуг, поставка, выполнение или оказание которых может осуществляться исключительно органами исполнительной власти в соответствии с их полномочиями или подведомственными им государственными учреждениями, государственными (унитарными) предприятиями, юридическими лицами, 100 процентов голосующих акций (долей участия) которых принадлежат государству, соответствующие полномочия которых устанавливаются законодательными актами государства-члена, актами главы государства-члена.

      7. Приобретение определенных товаров, работ и услуг вследствие возникновения обстоятельств непреодолимой силы, в том числе чрезвычайной ситуации (локализации и (или) ликвидации последствий чрезвычайных ситуаций), аварии, необходимости срочного медицинского вмешательства, в связи с чем осуществление закупок иными способами, требующими затрат времени, нецелесообразно.

      8. Приобретение товаров, работ и услуг у учреждений и предприятий уголовно-исполнительной системы, лечебно-производственных (трудовых) профилакториев и лечебно-производственных (трудовых) мастерских, а также у организаций, создаваемых общественными объединениями инвалидов, в которых численность инвалидов составляет не менее 50 процентов списочной численности работников.

      9. Приобретение учреждением, исполняющим наказания, сырья, материалов и комплектующих изделий для производства товаров, работ и услуг в целях трудоустройства осужденных на основании договоров, заключенных с юридическими лицами, при условии, что приобретение указанным учреждением таких сырья, материалов, комплектующих изделий осуществляется за счет средств, предусмотренных этими договорами.

      10. Закупки, которые по результатам процедур закупок признаны несостоявшимися (в случаях, предусмотренных законодательством государства-члена о закупках).

      11. Услуги связи для нужд национальной обороны и национальной безопасности, а также обеспечения правопорядка.

      12. Определение предельной суммы сделок (либо предельного квартального или годового объема), которая может быть установлена законодательством государства-члена и при которой разрешается осуществлять закупки из одного источника либо у единственного поставщика (исполнителя, подрядчика), при этом указанный размер не должен носить индивидуальный характер (государства-члены стремятся к минимизации указанного порога в целях максимального расширения доступа потенциальных поставщиков к закупкам).

      13. Размещение заказа на поставку вооружения и военной техники у единственного поставщика в соответствии с законодательством государства-члена, а также приобретение работ, услуг по ремонту (модернизации) вооружения, военной и специальной техники.

      14. Конкретная закупка у потенциального поставщика, определенного указом или распоряжением главы государства-члена, распоряжением высшего органа исполнительной власти государства-члена по решению или поручению главы государства-члена. Решения и действия в отношении принятия таких актов осуществляются в порядке, предусмотренном пунктами 32 и 33 Протокола о порядке регулирования закупок (приложение № 25 к Договору о Евразийском экономическом союзе).

      15. Приобретение произведений литературы и искусства определенных авторов (за исключением приобретения кинопроектов в целях проката), исполнений конкретных исполнителей, фонограмм конкретных изготовителей в случае если единственному лицу принадлежат исключительные права на такие произведения, исполнения и фонограммы.

      16. Подписка на определенные периодические печатные и электронные издания, а также закупка печатных и электронных изданий определенных авторов, оказание услуг по предоставлению доступа к электронным изданиям для обеспечения деятельности государственных и муниципальных образовательных учреждений, государственных и муниципальных библиотек, государственных научных организаций у издателей таких печатных и электронных изданий в случае, если указанным издателям принадлежат исключительные права на использование таких изданий.

      17. Размещение заказа на посещение зоопарка, театра, кинотеатра, концерта, цирка, музея, выставки и спортивного мероприятия, а также заключение договора (контракта) о закупке на оказание услуг по реализации входных билетов и абонементов на посещение театрально-зрелищных, культурно-просветительных и зрелищно-развлекательных мероприятий, экскурсионных билетов и экскурсионных путевок.

      18. Приобретение материалов выставок, семинаров, конференций, совещаний, форумов, симпозиумов, тренингов и оплата за участие в указанных мероприятиях, а также заключение договора (контракта) о закупке на оказание услуг по участию в мероприятии, проводимом для нужд нескольких заказчиков, с поставщиком (подрядчиком, исполнителем), который определен заказчиком, являющимся организатором такого мероприятия, в порядке, определенном законодательством государства-члена.

      19. Закупка преподавательских услуг, а также услуг экскурсовода (гида) у физических лиц.

      20. Размещение заказа театрально-зрелищной организацией, музеем, клубным учреждением, организацией кинематографии, иной организацией культуры, учреждением образования в сфере культуры, телерадиовещательной организацией у конкретного физического лица или конкретных физических лиц - автора сценария, артиста-исполнителя, балетмейстера, ведущего теле- или радиопрограммы, дизайнера, дирижера, драматурга, дрессировщика, композитора, концертмейстера, автора либретто, оператора кино-, видео-, звукозаписи, писателя, поэта, режиссера, репетитора, скульптора, хореографа, хормейстера, художника и иного творческого работника на создание или исполнение произведений литературы или искусства, а также у конкретного физического лица, в том числе индивидуального предпринимателя, либо юридического лица на изготовление и поставку декораций, сценической мебели, сценических костюмов (в том числе головных уборов и обуви) и необходимых для создания декораций и костюмов материалов, а также театрального реквизита, бутафории, грима, постижерских изделий, театральных кукол, необходимых для создания и (или) исполнения произведений организациями, указанными в настоящем пункте.

      21. Закупка услуг по авторскому контролю за разработкой проектной документации объектов капитального строительства, авторскому надзору за строительством, реконструкцией и капитальным ремонтом объектов капитального строительства соответствующими авторами.

      22. Размещение заказа на проведение технического и авторского надзора за проведением работ по сохранению объекта культурного наследия (памятника истории и культуры) народов государств-членов.

      23. Закупка услуг, связанных с направлением работника в служебную командировку, учащихся, студентов, аспирантов для участия в творческих состязаниях (конкурсах, олимпиадах, фестивалях, играх), выставках, пленэрах, конференциях, форумах, мастер-классах, стажировках, выполнения учебных практических заданий, включая проезд к месту проведения указанных мероприятий и обратно, наем жилого помещения, транспортное обслуживание, обеспечение питания, а также товаров, работ и услуг, связанных с представительскими расходами.

      24. Размещение заказа на оказание услуг, связанных с обеспечением визитов глав иностранных государств, глав правительств иностранных государств, руководителей международных организаций, парламентских делегаций, правительственных делегаций, делегаций иностранных государств (гостиничное, транспортное обслуживание, эксплуатация компьютерного оборудования, обеспечение питания).

      25. Приобретение товаров, работ и услуг, необходимых для обеспечения охраны и безопасности главы государства-члена, иных охраняемых лиц и объектов, предназначенных для пребывания охраняемых лиц (бытовое, гостиничное, транспортное обслуживание, эксплуатация компьютерного оборудования, обеспечение санитарно-эпидемиологического благополучия, предоставление безопасного питания), а также услуг по формированию видеоархива и информационному обслуживанию деятельности главы государства-члена.

      26. Закупка материальных ценностей, реализуемых из государственного и мобилизационного материальных резервов.

      27. Возникновение у заказчика, осуществившего закупку у определенного поставщика, потребности в дополнительном количестве соответствующих товаров, работ или услуг. При этом количество дополнительно закупаемого товара либо объем дополнительно закупаемых работ или услуг не может превышать 10 процентов количества товаров либо объема работ или услуг, предусмотренных договором (контрактом) о закупке (цена единицы дополнительно поставляемого товара либо выполняемых работ или оказываемых услуг должна определяться как частное от деления первоначальной цены контракта на предусмотренные в контракте количество такого товара, объем работ или услуг).

      Сноска. Пункт 27 – в редакции Закона РК от 19.04.2024 № 75-VIII.

      28. Осуществление закупки услуг по управлению многоквартирным домом на основании выбора собственниками помещений в многоквартирном доме или органом местного самоуправления в соответствии с жилищным законодательством управляющей организации, если помещения в многоквартирном доме находятся в частной, государственной или муниципальной собственности.

      29. Заключение договора (контракта) о закупке, предметом которого является приобретение здания, строения, сооружения, помещения, имеющих нежилое назначение, определенных актом в соответствии с законодательством государства-члена, а также аренда здания, строения, помещения, имеющих нежилое назначение, закупки услуг по техническому содержанию, охране и обслуживанию арендуемого помещения, закупки услуг по техническому содержанию, охране и обслуживанию одного или нескольких нежилых помещений, переданных в безвозмездное пользование государственному или муниципальному заказчику, в случае если эти услуги оказываются другому лицу или лицам, пользующимся нежилыми помещениями, находящимися в здании, в котором расположены помещения, переданные в безвозмездное пользование и (или) в оперативное управление.

      30. Необходимость в осуществлении закупок ежедневной и (или) еженедельной потребности на период до подведения итогов закупок и вступления в силу договора (контракта) о закупке, в случае если такая закупка осуществляется в течение первого месяца года по перечню, установленному законодательством государства-члена. В этом случае объем закупки не может превышать количество товаров, объем работ и услуг, необходимых для обеспечения потребности заказчика в течение срока проведения закупки, но не более чем на 2 месяца.

      31. Приобретение товаров, работ, услуг для осуществления оперативно-разыскной деятельности, следственных действий, органами, уполномоченными их осуществлять, для обеспечения безопасности лиц, подлежащих государственной защите, в соответствии с законодательством государства-члена, а также услуг должностных лиц и специалистов, обладающих необходимыми научно-техническими или иными специальными познаниями.

      32. Приобретение права природопользования.

      33. Приобретение услуг по подготовке, переподготовке и повышению квалификации работников за рубежом.

      34. Приобретение услуг рейтинговых агентств, финансовых услуг.

      35. Приобретение услуг специализированных библиотек для незрячих и слабовидящих граждан.

      36. Приобретение ценных бумаг и долей в уставном капитале (уставном фонде) юридических лиц.

      37. Приобретение необходимых для проведения в государстве-члене выборов и референдумов товаров, работ и услуг по перечню, предусмотренному законодательством государства-члена.

      38. Приобретение товаров, работ и услуг, осуществляемое в соответствии с международными договорами государств-членов, по перечню, утверждаемому высшим органом исполнительной власти государства-члена, а также в рамках реализации инвестиционных проектов, финансируемых международными организациями, членом которых является государство-член.

      39. Заключение договора (контракта) о закупке геодезического, картографического, топографического и гидрографического обеспечения делимитации, демаркации и проверки прохождения линии государственной границы, а также делимитации морских пространств в целях выполнения международных обязательств государства-члена.

      40. Приобретение товаров, работ и услуг, связанных с использованием денежных средств грантов, предоставляемых высшим органам исполнительной власти государства-члена на безвозмездной основе государствами, правительствами государств, международными и государственными организациями, зарубежными неправительственными общественными организациями и фондами, деятельность которых носит благотворительный и международный характер, а также денежных средств, выделяемых на софинансирование этих грантов в случаях, когда в соглашениях об их предоставлении предусмотрены иные процедуры приобретения товаров, работ и услуг.

      41. Приобретение услуг, связанных с государственным образовательным заказом для физических лиц (в случае если физическое лицо самостоятельно выбрало образовательную организацию).

      42. Приобретение услуг по лечению граждан государств-членов за рубежом, а также услуг по их транспортировке и сопровождению.

      43. Приобретение товаров и услуг, являющихся объектами интеллектуальной собственности, у лица, обладающего исключительными правами в отношении приобретаемых товаров и услуг.

      44. Приобретение товаров, работ и услуг загранучреждениями государств-членов, обособленными подразделениями заказчиков, действующих от их имени, для обеспечения своей деятельности на территории иностранного государства, а также для целей миротворческих операций.

      45. Приобретение услуг по предоставлению информации международными информационными организациями.

      46. Приобретение товаров, работ и услуг, необходимых для осуществления монетарной деятельности, а также деятельности по управлению национальным фондом государства-члена и пенсионными активами.

      47. Приобретение консультационных и юридических услуг по защите и представлению интересов государства либо заказчиков в международном арбитраже, международном коммерческом арбитраже и иностранных судебных органах.

      48. Приобретение услуг по доверительному управлению имуществом у лица, определенного законодательством государства-члена.

      49. Приобретение услуг по обработке данных статистических наблюдений.

      50. Приобретение имущества (активов), реализуемого на торгах (аукционах) судебными исполнителями в соответствии с законодательством государства-члена об исполнительном производстве, проводимых в соответствии с законодательством государства-члена о банкротстве, земельным законодательством и при приватизации государственного имущества.

      51. Приобретение услуг, оказываемых адвокатами лицам, освобожденным от их оплаты в соответствии с законодательством государства-члена.

      52. Приобретение товаров в государственный материальный резерв для оказания регулирующего воздействия на рынок в случае, установленном законодательством государства-члена.

      53. Приобретение услуг по хранению материальных ценностей государственного материального резерва.

      54. Приобретение услуг по подготовке космонавтов и организации полетов космонавтов в космос в случае, установленном законодательством государства-члена, а также услуг по проектированию, сборке и испытаниям космических аппаратов.

      55. Приобретение услуг по ремонту авиационной техники на специализированных авиаремонтных предприятиях.

      56. Приобретение услуг по изготовлению государственных и ведомственных наград и документов к ним, нагрудного знака депутата законодательного органа государства-члена и документа к нему, государственных поверительных клейм, паспортов (в том числе служебных и дипломатических), удостоверения личности гражданина государства-члена, вида на жительство иностранца в государстве-члене, удостоверения лица без гражданства, свидетельств о регистрации актов гражданского состояния, а также приобретение у поставщиков, определенных высшим органом исполнительной власти государства-члена, печатной продукции, требующей специальной степени защиты, по перечню, утвержденному высшим органом исполнительной власти государства-члена.

      57. Закупка драгоценных металлов и драгоценных камней для пополнения государственных фондов драгоценных металлов и драгоценных камней.

      58. Приобретение услуг по обязательному медицинскому осмотру работников, занятых на тяжелых работах, работах с вредными (особо вредными) и (или) опасными условиями труда, а также на работах, связанных с повышенной опасностью, машинами и механизмами.

      59. Приобретение спортивного инвентаря и оборудования (снаряжения), спортивной экипировки, необходимых для участия и (или) подготовки спортивных национальных и сборных команд государства-члена, а также для участия спортивных национальных и сборных команд государства-члена в олимпийских, паралимпийских, дефлимпийских и других международных спортивных мероприятиях на основании календарного плана, утвержденного органом государственного управления, осуществляющим регулирование в этой сфере.

      60. Приобретение товаров, работ и услуг за счет средств, выделенных из резерва главы государства-члена или правительства государства-члена на неотложные затраты, в случае возникновения ситуаций, угрожающих политической, экономической или социальной стабильности государства-члена или его административно-территориальной единицы.

      61. Приобретение товаров, работ и услуг, необходимых для обеспечения деятельности подразделений специального назначения правоохранительных и специальных государственных органов, связанных с обнаружением и обезвреживанием взрывчатых веществ и взрывчатых устройств, проведением антитеррористических операций, а также специальных операций по освобождению заложников, задержанию и обезвреживанию вооруженных преступников, экстремистов, террористов, членов организованных преступных групп, лиц, совершивших тяжкие и особо тяжкие преступления.

      62. Приобретение специальных социальных услуг, предусмотренных гарантированным объемом специальных социальных услуг, предоставляемых лицам (семьям, состоящим из лиц) со стойкими нарушениями функций организма, обусловленными физическими и (или) умственными возможностями, и (или) лицам без определенного места жительства, а также лицам (семьям, состоящим из лиц), неспособных к самообслуживанию в связи с преклонным возрастом, а также услуг по оценке и определению потребности в специальных социальных услугах.

      63. Приобретение изделий народных художественных промыслов, в случаях, определенных законодательством государства-члена.

  Приложение № 4
к Протоколу о порядке
регулирования закупок


Перечень
товаров, работ и услуг, по которым закупки
осуществляются путем проведения аукциона

      1. Продукция сельского хозяйства, продукция охотничьего промысла, услуги в сельском хозяйстве и охоте, кроме живых животных, продукции и услуг, связанных с охотой, промыслом и разведением дичи, а также продукции охоты и промысла дичи.*

      2. Продукция лесного хозяйства и лесозаготовок, услуги для лесоводства и лесозаготовок.

      3. Продукция рыболовства, рыбопитомников и рыбных ферм, услуги, связанные с рыболовством.*

      4. Уголь каменный и лигнит, торф.

      5. Нефть сырая и газ природный, услуги по их добыче, кроме изыскательных работ.

      6. Руды металлические.

      7. Камень, глина, песок и прочие виды минерального сырья.

      8. Пищевые продукты и напитки.*

      9. Текстиль и текстильные изделия.

      10. Одежда, мех и изделия из меха, за исключением детской одежды.

      11. Кожа и изделия из кожи, шорно-седельные изделия, обувь.

      12. Древесина, изделия из древесины, пробки, соломки и плетенки, кроме мебели.

      13. Целлюлоза, бумага, картон и изделия из них.

      14. Полиграфическая и печатная продукция, кроме рекламных материалов, рисунков, чертежей, фотографий напечатанных, наборов сувенирных и подарочных (блокнотов и записных книжек), бюллетеней для голосования на выборах и референдумах.

      15. Продукция коксовых печей.

      16. Продукция органического и неорганического синтеза.

      17. Резиновые и полимерные изделия.

      18. Неметаллические минеральные продукты прочие, кроме изделий стеклянных хозяйственно-бытовых, изделий для интерьеров, а также изделий керамических нестроительных неогнеупорных.

      19. Продукция металлургической промышленности.

      20. Продукция металлообработки, кроме машин, оборудования, ядерных реакторов и частей ядерных реакторов, ускорителей заряженных частиц.

      21. Машины и оборудование, не включенные в другие группировки, кроме оружия, боеприпасов и их деталей, взрывных устройств и взрывчатых веществ народно-хозяйственного назначения.

      22. Офисная и вычислительная техника.

      23. Электродвигатели и аппаратура электротехническая (в том числе электрооборудование), не включенные в другие группировки.

      24. Оборудование и аппаратура для радио, телевидения и связи.

      25. Оборудование и аппаратура медицинская, средства измерения, фото- и киноаппаратура (за исключением медицинской техники и изделий медицинского назначения, определенных законодательством государства-члена о закупках).

      26. Автомобили, прицепы и полуприцепы, кузова для автомобилей, детали и принадлежности к автомобилям, гаражное оборудование.

      27. Транспортные средства прочие, кроме судов торговых и пассажирских, военных кораблей, воздушных и космических летательных аппаратов, оборудования и деталей летательных.

      28. Готовые изделия, кроме ювелирных изделий и смежных с ними товаров, инструментов музыкальных, игр и игрушек, оборудования для обучения трудовым процессам, учебных пособий и оборудования школьного, изделий художественных промыслов, произведений искусства и предметов коллекционирования, кинопленки экспонированной, волоса человека, животных, из синтетических материалов и изделий из него.

      29. Отходы и лом в форме, пригодной для использования в качестве нового сырья.

      30. Услуги по торговле, техническому обслуживанию и ремонту автомобилей и мотоциклов.

      31. Услуги оптовой и комиссионной торговли, кроме услуг по торговле автомобилями и мотоциклами.

      32. Услуги сухопутного транспорта, кроме услуг железнодорожного транспорта, услуг метрополитена, услуг транспортировки по трубопроводам.

      33. Услуги водного транспорта.

      34. Услуги транспортные вспомогательные и дополнительные, услуги в области туризма и экскурсий, кроме услуг бюро путешествий и туристских агентств, прочих услуг по оказанию помощи туристам.

      35. Связь, кроме услуг курьерских, за исключением услуг национальной почты, услуг электрической связи.

      36. Услуги по финансовому посредничеству, кроме страхования и пенсионного обеспечения, услуг по организации выпуска облигационных займов.

      37. Услуги, являющиеся вспомогательными по отношению к финансовому посредничеству, за исключением оценочных услуг.

      38. Услуги по техническому обслуживанию и ремонту оргтехники для офисов, электронных вычислительных машин и используемого совместно с ними периферийного оборудования.

      39. Услуги по уборке зданий.

      40. Услуги по упаковыванию.

      41. Услуги по удалению отходов, санитарной обработке и аналогичные услуги.

      _________________

      *Кроме закупок в организациях, осуществляющих воспитательный, образовательный процесс для детей, медицинских организациях, учреждениях социального обслуживания и организациях отдыха детей, услуги общественного питания для указанных учреждений и организаций.

  ПРИЛОЖЕНИЕ № 26
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
об охране и защите прав
на объекты интеллектуальной собственности
I. Общие положения

      1. Настоящий Протокол разработан в соответствии с разделом XXIII Договора о Евразийском экономическом союзе и регулирует отношения в сфере охраны и защиты прав на объекты интеллектуальной собственности.

      2. Под объектами интеллектуальной собственности понимаются произведения науки, литературы и искусства, программы для электронных вычислительных машин (компьютерные программы), фонограммы, исполнения, товарные знаки и знаки обслуживания, географические указания, наименования мест происхождения товаров, изобретения, полезные модели, промышленные образцы, селекционные достижения, топологии интегральных микросхем, секреты производства (ноу-хау), а также другие объекты интеллектуальной собственности, которым предоставляется правовая охрана в соответствии с международными договорами, международными договорами и актами, составляющими право Союза, и законодательством государств-членов.

II. Авторское право и смежные права

      3. Авторское право распространяется на произведения науки, литературы и искусства. Автору произведения принадлежат, в частности, следующие права:

      1) исключительное право на произведение;

      2) право авторства;

      3) право на имя;

      4) право на неприкосновенность произведения;

      5) право на обнародование произведения;

      6) иные права, установленные законодательством государств-членов.

      4. Государства-члены обеспечивают соблюдение сроков охраны исключительного права на произведение автора, исключительного права на произведение, созданное в соавторстве, исключительного права на произведение, обнародованное после смерти автора, которые будут не ниже сроков, установленных Бернской конвенцией по охране литературных и художественных произведений от 9 сентября 1886 года (в редакции 1971 года), Соглашением Всемирной торговой организации по торговым аспектам прав интеллектуальной собственности от 15 апреля 1994 года. В законодательстве государств-членов могут быть закреплены большие сроки охраны указанных прав.

      Программы для электронно-вычислительных машин (компьютерные программы), включая исходный текст и объектный код, охраняются как литературные произведения в соответствии с Бернской конвенцией по охране литературных и художественных произведений от 9 сентября 1886 года (в редакции 1971 года).

      Составные произведения (энциклопедии, сборники и иные произведения), представляющие собой по подбору или расположению материалов результат творчества, охраняются без ущерба правам авторов каждого из произведений, составляющего часть составного произведения. Автору составного произведения принадлежит авторское право на составительство (подбор и расположение материала). При этом составные произведения охраняются авторским правом независимо от того, являются ли объектами авторского права произведения, на которых они основаны или которые они включают.

      Производные произведения (переводы, адаптации, музыкальные аранжировки и другие переделки литературного или художественного произведения) охраняются наравне с оригинальными произведениями без ущерба правам автора оригинального произведения. Автору производного произведения принадлежит авторское право на осуществленный перевод и иную обработку другого (оригинального) произведения.

      5. Государства-члены предоставляют правообладателям в отношении кинематографических произведений право разрешать или запрещать публичный коммерческий прокат оригиналов или копий их произведений, охраняемых авторским правом, на территориях других государств-членов.

      6. Имущественные и личные неимущественные права на результаты исполнительской деятельности (исполнения), на фонограммы и иные права, установленные законодательством государств-членов, являются смежными с авторским правом (смежными правами).

      Исполнителем признается физическое лицо, творческим трудом которого создано исполнение, - артист-исполнитель (актер, певец, музыкант, танцор или другое лицо, которое играет роль, читает, декламирует, поет, играет на музыкальном инструменте или иным образом участвует в исполнении произведения литературы, искусства или народного творчества, в том числе эстрадного, циркового или кукольного номера), а также режиссер-постановщик спектакля (лицо, осуществившее постановку театрального, циркового, кукольного, эстрадного или иного театрально-зрелищного представления) и дирижер.

      Государства-члены предоставляют на взаимной основе исполнителям государств-членов следующие права:

      исключительное право на исполнение;

      право на имя - право на указание своего имени или псевдонима на экземплярах фонограммы и в иных случаях использования исполнения, право на указание наименования коллектива исполнителей, кроме случаев, когда характер использования исполнения исключает возможность указания имени исполнителя или наименования коллектива исполнителей;

      иные права, установленные законодательством государств-членов.

      7. Исполнители осуществляют свои права с соблюдением прав авторов исполняемых произведений. Права исполнителя признаются и действуют независимо от наличия и действия авторских прав на исполняемое произведение.

      8. Изготовителем (производителем) фонограммы признается лицо, взявшее на себя инициативу и ответственность за первую запись звуков исполнения или других звуков либо отображений этих звуков. При отсутствии доказательств иного изготовителем (производителем) фонограммы признается лицо, имя или наименование которого указано обычным образом на экземпляре фонограммы и (или) на его упаковке.

      Государства-члены предоставляют изготовителям (производителям) фонограмм государств-членов следующие права:

      исключительное право на фонограмму;

      иные права, установленные законодательством государств-членов.

      9. Государства-члены обеспечивают соблюдение сроков охраны исключительного права на исполнение, исключительного права на фонограмму, которые будут не ниже сроков, установленных Соглашением Всемирной торговой организации по торговым аспектам прав интеллектуальной собственности от 15 апреля 1994 года и Международной конвенцией об охране прав исполнителей, изготовителей фонограмм и вещательных организаций от 26 октября 1961 года. В законодательстве государств-членов могут быть закреплены большие сроки охраны указанных прав.

      10. Организацией по коллективному управлению правами является организация, действующая на основе полномочий, полученных от авторов, исполнителей, изготовителей (производителей) фонограмм и других обладателей авторского права и смежных прав, если иное не предусмотрено законодательством государств-членов, а также полномочий, полученных от других организаций по коллективному управлению правами, в сфере управления соответствующими правами на коллективной основе в целях обеспечения получения авторами и иными правообладателями вознаграждения за использование объектов авторского права и смежных прав.

      Отношения, возникающие в связи с деятельностью организаций по коллективному управлению правами в целях обеспечения возможности правомерного использования объектов авторского права и смежных прав, регулируются международным договором в рамках Союза.

III. Товарные знаки и знаки обслуживания

      11. Товарным знаком и знаком обслуживания (далее - товарный знак) является обозначение, охраняемое в соответствии с законодательством государства-члена и международными договорами, участниками которых являются государства-члены, и служащее для индивидуализации товаров и (или) услуг одних участников гражданского оборота от товаров и (или) услуг других участников гражданского оборота.

      В качестве товарного знака в соответствии с законодательными актами государств-членов могут быть зарегистрированы словесные, изобразительные, объемные и другие обозначения или их комбинации. Товарный знак может быть зарегистрирован в любом цвете или цветовом сочетании.

      12. Правообладатель товарного знака имеет исключительное право использовать товарный знак в соответствии с законодательством государства-члена и распоряжаться этим исключительным правом, а также право запрещать другим лицам использование товарного знака или обозначения, сходного с ним до степени смешения, в отношении однородных товаров и (или) услуг.

      13. Срок действия первоначальной регистрации товарного знака составляет 10 лет. Указанный срок может быть продлен неограниченное число раз по обращению правообладателя товарного знака каждый раз на срок не менее 10 лет.

      Правовая охрана товарного знака может быть прекращена досрочно на территории государства-члена в отношении всех товаров и (или) услуг или части товаров и (или) услуг, для индивидуализации которых товарный знак зарегистрирован на территории данного государства-члена, вследствие неиспользования товарного знака непрерывно в течение любых 3 лет после его регистрации в порядке, предусмотренном законодательством данного государства-члена, за исключением случаев неиспользования товарного знака по независящим от правообладателя обстоятельствам.

      Предоставление правовой охраны товарному знаку может быть оспорено и признано недействительным в порядке и по основаниям, которые предусмотрены законодательством государства-члена, на территории которого данный товарный знак зарегистрирован.

IV. Товарные знаки Евразийского экономического союза
и знаки обслуживания Евразийского экономического союза

      14. Государства-члены осуществляют регистрацию товарного знака Евразийского экономического союза и знака обслуживания Евразийского экономического союза (далее - товарный знак Союза). Товарному знаку Союза предоставляется правовая охрана одновременно на территориях всех государств-членов.

      В качестве товарного знака Союза может быть зарегистрировано обозначение, представленное только в графическом виде.

      Правообладатель товарного знака Союза имеет исключительное право использовать товарный знак Союза в соответствии с законодательством государств-членов и распоряжаться этим исключительным правом, а также право запрещать другим лицам использование товарного знака Союза или обозначения, сходного с ним до степени смешения, в отношении однородных товаров и (или) услуг.

      15. Отношения, возникающие в связи с регистрацией, правовой охраной и использованием товарного знака Союза на территориях государств-членов, регулируются международным договором в рамках Союза.

V. Принцип исчерпания исключительного права
на товарный знак, товарный знак Союза

      16. На территориях государств-членов применяется принцип исчерпания исключительного права на товарный знак, товарный знак Союза, в соответствии с которым не является нарушением исключительного права на товарный знак, товарный знак Союза использование этого товарного знака, товарного знака Союза в отношении товаров, которые были правомерно введены в гражданский оборот на территории любого из государств-членов непосредственно правообладателем товарного знака и (или) товарного знака Союза или другими лицами с его согласия.

VI. Географические указания

      17. Под географическим указанием понимается обозначение, которое идентифицирует товар как происходящий с территории государства-члена, региона или местности на этой территории, если качество, репутация или иные характеристики товара в значительной степени обусловлены его географическим происхождением.

      18. Географическому указанию может предоставляться правовая охрана на территории государства-члена, если такая правовая охрана предусмотрена законодательством этого государства-члена или международными договорами, участником которых оно является.

VII. Наименование места происхождения товара

      19. Наименованием места происхождения товара, которому предоставляется правовая охрана, является обозначение, представляющее собой либо содержащее современное или историческое, официальное или неофициальное, полное или сокращенное наименование страны, городского или сельского поселения, местности или другого географического объекта, а также обозначение, производное от такого наименования и ставшее известным в результате его использования в отношении товара, особые свойства которого исключительно или главным образом определяются характерными для данного географического объекта природными условиями и (или) людскими факторами.

      Указанные положения применяются к обозначению, которое позволяет идентифицировать товар как происходящий с территории определенного географического объекта и, хотя не содержит наименования этого объекта, стало известным в результате использования данного обозначения в отношении товара, особые свойства которого отвечают требованиям, указанным в абзаце первом настоящего пункта.

      20. Не признается наименованием места происхождения товараобозначение, хотя и представляющее собой или содержащее наименование географического объекта, но вошедшее во всеобщее употребление как обозначение товара определенного вида, не связанное с местом его производства.

      Предоставление правовой охраны наименованию места происхождения товара может быть оспорено и признано недействительным в порядке и по основаниям, которые предусмотрены законодательством государств-членов.

      21. В отношении наименования места происхождения товара государства-члены предусматривают правовые меры, позволяющие заинтересованным сторонам предотвращать:

      1) использование любых средств при обозначении или презентации товара, которые указывают или вызывают ассоциацию, что данный товар происходит из географического района, отличного от настоящего места происхождения, таким образом, что это способно вводить потребителя в заблуждение относительно места происхождения и особых свойств товара;

      2) любое использование, которое представляет собой акт недобросовестной конкуренции по смыслу статьи 10-bis Парижской конвенции по охране промышленной собственности от 20 марта 1883 года.

VIII. Наименование места происхождения товара
Евразийского экономического союза

      22. Государства-члены осуществляют регистрацию наименования места происхождения товара Евразийского экономического союза (далее - наименование места происхождения товара Союза). Наименованию места происхождения товара Союза предоставляется правовая охрана одновременно на территориях всех государств-членов.

      23. Отношения, возникающие в связи с регистрацией, правовой охраной и использованием наименования места происхождения товара Союза на территориях государств-членов, регулируются международным договором в рамках Союза.

IX. Патентные права

      24. Право на изобретение, полезную модель и промышленный образец охраняется в порядке, установленном законодательством государств-членов, и подтверждается патентом, который удостоверяет приоритет, авторство и исключительное право на изобретение, полезную модель и промышленный образец.

      25. Автору изобретения, полезной модели или промышленного образца принадлежат следующие права:

      1) исключительное право на изобретение, полезную модель, промышленный образец;

      2) право авторства.

      26. В случаях, предусмотренных законодательством государств-членов, автору изобретения, полезной модели или промышленного образца принадлежат также другие права, в том числе право на получение патента, право на вознаграждение за использование служебного изобретения, полезной модели или промышленного образца.

      27. Срок действия исключительного права на изобретение, полезную модель, промышленный образец составляет:

      1) не менее 20 лет - для изобретений;

      2) не менее 5 лет - для полезных моделей;

      3) не менее 5 лет - для промышленных образцов.

      28. Патент на изобретение, полезную модель или промышленный образец предоставляет патентообладателю исключительное право использовать изобретение, полезную модель или промышленный образец любым не противоречащим законодательству государств-членов способом, а также право запрещать использование указанных объектов другим лицам.

      29. Государства-члены вправе предусматривать ограничение прав, предоставляемых патентом, при условии, что такие исключения не наносят неоправданный ущерб обычному использованию изобретений, полезных моделей или промышленных образцов и не ущемляют необоснованным образом законные интересы патентообладателя, учитывая законные интересы третьих лиц.

X. Селекционные достижения

      30. Охрана прав на сорта растений и породы животных (селекционные достижения) осуществляется в случаях и порядке, установленных законодательством государств-членов.

      31. Автору селекционного достижения принадлежат следующие права:

      1) исключительное право на селекционное достижение;

      2) право авторства.

      32. В случаях, предусмотренных законодательством государств-членов, автору селекционного достижения принадлежат также другие права, в том числе право на получение патента, право на наименование селекционного достижения, право на вознаграждение за использование служебного селекционного достижения.

      33. Срок действия исключительного права на селекционное достижение составляет не менее 25 лет для сортов растений, пород животных.

XI. Топологии интегральных микросхем

      34. Топологией интегральной микросхемы является зафиксированное на материальном носителе пространственно-геометрическое расположение совокупности элементов интегральной микросхемы и связей между ними.

      35. Права интеллектуальной собственности на топологию интегральной микросхемы охраняются в соответствии с законодательством государств-членов.

      36. Автору топологии интегральной микросхемы принадлежат следующие права:

      1) исключительное право на топологию интегральной микросхемы;

      2) право авторства.

      37. В случаях, предусмотренных законодательством государств-членов, автору топологии интегральной микросхемы принадлежат также другие права, в том числе право на вознаграждение за использование служебной топологии.

      38. Срок действия исключительного права на топологию интегральной микросхемы составляет 10 лет.

XII. Секреты производства (ноу-хау)

      39. Секретом производства (ноу-хау) признаются сведения любого характера (производственные, технические, экономические, организационные и другие), в том числе сведения о результатах интеллектуальной деятельности в научно-технической сфере, а также сведения о способах осуществления профессиональной деятельности, которые имеют действительную или потенциальную коммерческую ценность в силу неизвестности их третьим лицам, к которым у третьих лиц нет свободного доступа на законном основании и в отношении которых обладателем таких сведений введен режим коммерческой тайны.

      40. Правовая охрана секрету производства (ноу-хау) предоставляется в соответствии с законодательством государств-членов.

ХIII. Правоприменительные меры по защите прав
на объекты интеллектуальной собственности

      41. Координация действий государств-членов по защите прав на объекты интеллектуальной собственности в рамках Союза осуществляется в соответствии с международным договором в рамках Союза.

  ПРИЛОЖЕНИЕ № 27
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о промышленном сотрудничестве

      1. Понятия, используемые в настоящем Протоколе, означают следующее:

      "приоритетные виды экономической деятельности" - виды деятельности, определенные всеми государствами-членами в качестве приоритетов для реализации основных направлений промышленного сотрудничества;

      "промышленная кооперация" - устойчивое взаимовыгодное сотрудничество хозяйствующих субъектов государств-членов в области промышленности;

      "промышленная политика в рамках Союза" - деятельность государств-членов по основным направлениям промышленного сотрудничества, осуществляемая государствами-членами как самостоятельно, так и при консультативной поддержке и координации Комиссии;

      "промышленность" - совокупность экономических видов деятельности, относящихся к добывающей и обрабатывающей промышленности, за исключением пищевой переработки, в соответствии с национальными классификаторами видов экономической деятельности. Другие виды промышленной деятельности регулируются соответствующими разделами Договора о Евразийском экономическом союзе;

      "промышленный кластер" - группа взаимосвязанных промышленных и связанных с ними организаций, взаимодополняющих друг друга и за счет этого усиливающих свои конкурентные преимущества;

      "технологическая платформа" — объект инновационной инфраструктуры, позволяющий обеспечить эффективную коммуникацию и создание перспективных коммерческих технологий, высокотехнологичной, инновационной и конкурентоспособной продукции на основе участия всех заинтересованных сторон (бизнеса, науки, государства, общественных организаций).

      2. Полномочия Комиссии в рамках консультативной поддержки и координации деятельности государств-членов по основным направлениям промышленного сотрудничества в рамках Союза заключаются в:

      1) содействии:

      обмену информацией, проведению консультаций, формированию совместных площадок для обсуждения вопросов, касающихся выработки основных направлений промышленного сотрудничества, в том числе перспективных направлений инновационной деятельности;

      разработке предложений, направленных на углубление взаимодействия государств-членов при реализации промышленной политики в рамках Союза;

      обмену опытом по вопросам, связанным с проведением реформ и структурных преобразований в промышленности, стимулированием инновационной деятельности, развитием промышленности;

      разработке и реализации совместных программ и проектов;

      разработке программ обмена опытом для промышленных комплексов государств-членов;

      вовлечению в промышленную кооперацию субъектов малого и среднего предпринимательства государств-членов;

      информационному взаимодействию;

      выработке и реализации государствами-членами совместных мер по противодействию последствиям глобальных экономических кризисов в сфере промышленности;

      выработке рекомендаций по формированию евразийских технологических платформ;

      2) осуществлении:

      вынесения на рассмотрение государств-членов рекомендаций по дальнейшему развитию промышленного сотрудничества с учетом интересов каждого из его участников;

      мониторинга и анализа реализации Основных направлений промышленного сотрудничества в рамках Союза;

      изучения мирового опыта развития промышленности с целью выявления актуальных для государств-членов методов развития промышленности;

      3) осуществлении по решению Межправительственного совета:

      подготовки проектов положений о разработке, финансировании и реализации совместных программ и проектов;

      выявления административных и иных барьеров на пути развития промышленного сотрудничества в рамках Союза и разработки предложений по их последующему устранению;

      подготовки предложений по формированию кооперационных цепочек производства совместной продукции;

      мониторинга рынка промышленной продукции в рамках Союза, а также экспортных рынков третьих стран;

      анализа развития промышленности государств-членов;

      разработки совместно с государствами-членами иных (дополнительных) документов, таких как правила, порядки, и механизмов реализации промышленной политики в рамках Союза по основным направлениям промышленного сотрудничества, а также рамочных соглашений по сотрудничеству.

      Указанный перечень функций не является исчерпывающим и может расширяться по решению Межправительственного совета.

  ПРИЛОЖЕНИЕ № 28
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о единых правилах предоставления промышленных субсидий

I. Общие положения

      1. Настоящий Протокол разработан в соответствии со статьей 93 Договора о Евразийском экономическом союзе (далее - Договор) и устанавливает единые правила, регулирующие предоставление субсидий в отношении промышленных товаров, в том числе при предоставлении или получении услуг, которые непосредственно связаны с производством, сбытом (включая хранение, вывоз с территории государства-члена и транспортировку) и (или) потреблением промышленных товаров.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      административно-территориальные единицы" – административно-территориальные единицы Республики Армения, Республики Беларусь (включая город Минск), Республики Казахстан (включая города Нур-Султан, Алматы и Шымкент) и Кыргызской Республики (включая города Бишкек и Ош), субъекты и муниципальные образования Российской Федерации;

      "аналогичный товар" - товар, полностью идентичный товару, при производстве, вывозе с территории государства-члена или транспортировке которого использовалась специфическая субсидия, либо в отсутствие такого товара - другой товар, который имеет характеристики, близкие к характеристикам товара, при производстве, вывозе с территории государства-члена или транспортировке которого использовалась специфическая субсидия;

      "компенсирующая мера" - мера по нейтрализации негативного воздействия специфической субсидии субсидирующего государства-члена на отрасль экономики государства-члена, подавшего заявление на введение данной меры;

      "компетентный орган" - орган государственной власти государства-члена, ответственный за проведение расследований;

      "материальный ущерб отрасли национальной экономики" - подтвержденное доказательствами ухудшение положения отрасли национальной экономики, которое наступило вследствие ввоза промышленного товара с территории государства-члена, предоставившего субсидию при производстве, транспортировке, хранении этого товара, и выражается в сокращении объема производства и реализации аналогичного товара на территории государства-члена, в снижении рентабельности производства такого товара, в негативном воздействии на товарные запасы, занятость, уровень заработной платы и уровень инвестиций в данную отрасль;

      "национальные производители аналогичного товара" - производители аналогичного товара в государстве-члене, проводящем расследование;

      "отрасль национальной экономики" - все производители аналогичного товара в государстве-члене либо те из них, доля которых в общем объеме производства аналогичного товара в государстве-члене составляет не менее 25 процентов;

      "получатель субсидии" - производитель промышленного товара, являющийся выгодоприобретателем от субсидии;

      "производители субсидируемого товара" - производители субсидируемого товара государства-члена, предоставившего специфическую субсидию;

      "промышленные товары" - товары, классифицируемые в группах 25 - 97 ТН ВЭД ЕАЭС, а также рыба и рыбопродукты, за исключением товаров, классифицируемых в соответствии с ТН ВЭД ЕАЭС в субпозициях 2905 43 000 0 и 2905 44, позициях 3301, 3501 - 3505, субпозициях 3809 10 и 3824 60, позициях 4101 - 4103, 4301, 5001 00 000 0 - 5003 00 000 0, 5101 - 5103, 5201 00 - 5203 00 000 0, 5301 и 5302 (субпозиция 2905 43 000 0 - маннит, субпозиция 2905 44 - сорбит, позиция 3301 - эфирные масла, позиции 3501-3505 - альбуминоидные вещества, модифицированные крахмалы, клеи, субпозиция 3809 10 - вещества для обработки поверхностей, субпозиция 3824 60 - сорбитол, прочие продукты, позиции 4101-4103 - шкуры и кожевенное сырье, позиция 4301 - невыделанная пушнина, позиции 5001 00 000 0 - 5003 00 000 0 - шелк-сырец и отходы шелка, позиции 5101-5103 - шерсть и волос животных, субпозиции 5201 00 - 5203 00 000 0 - хлопок-сырец, отходы хлопка, волокно хлопковое чесаное, позиция 5301 - лен-сырец, позиция 5302 - пенька сырая). Приводимое описание товаров необязательно является исчерпывающим.

      Изменения в перечень указанных кодов ТН ВЭД ЕАЭС вносятся Советом Комиссии;

      "субсидируемый товар" — промышленный товар, при производстве, транспортировке, хранении или вывозе которого с территории субсидирующего государства-члена использовалась специфическая субсидия;

      "субсидирующее государство-член" - государство-член, субсидирующий орган которого предоставляет субсидию;

      "субсидирующий орган" - один или несколько государственных органов либо органов местного самоуправления государств-членов, которые принимают решения в области предоставления субсидий; "субсидия":

      а) финансовое содействие, которое оказывается субсидирующим органом (или уполномоченной государством-членом структурой), в результате которого создаются (обеспечиваются) преимущества и которое осуществляется посредством:

      прямого перевода денежных средств (например, в виде невозвратных ссуд, кредитов), или приобретения доли в уставном капитале, или его увеличения, или обязательства по переводу таких средств (например, гарантии по кредитам);

      полного или частичного отказа от взимания платежей, которые должны были бы поступать в доход государства-члена (например, налоговые льготы, списание долга). При этом освобождение экспортируемого промышленного товара от пошлин и налогов, взимаемых с аналогичного товара, предназначенного для внутреннего потребления, либо уменьшение таких пошлин и налогов, либо возврат таких пошлин и налогов в размере, не превышающем фактически начисленной суммы, не рассматривается как субсидия;

      предоставления товаров или услуг (за исключением промышленных товаров или услуг, предназначенных для поддержания и развития общей инфраструктуры);

      приобретения промышленных товаров;

      б) любая другая форма поддержки доходов или цен, которая действует (прямо или косвенно) на сокращение ввоза промышленного товара с территории любого государства-члена или на увеличение вывоза промышленного товара на территорию любого государства-члена, в результате чего предоставляется преимущество;

      "угроза причинения материального ущерба отрасли национальной

      экономики" - подтвержденная доказательствами неизбежность причинения материального ущерба отрасли национальной экономики;

      "ущерб отрасли национальной экономики" - материальный ущерб отрасли национальной экономики, угроза причинения материального ущерба отрасли национальной экономики или существенное замедление создания отрасли национальной экономики.

      Сноска. Пункт 2 с изменениями, внесенными законами РК от 24.12.2014 № 265-V; от 02.08.2015 № 346-V; от 15.02.2021 № 6-VII.

II. Специфические субсидии

      3. Для того чтобы определить, является ли субсидия специфической для промышленного предприятия или отрасли промышленности либо группы промышленных предприятий или отраслей промышленности (далее - определенные предприятия) в пределах территории, на которой распространяются полномочия субсидирующего органа, применяются следующие принципы:

      1) если субсидирующим органом или правовым актом, в соответствии с которым действует субсидирующий орган, ограничивается доступ к субсидии только для определенных предприятий, такая субсидия рассматривается как специфическая при условии, что в группу промышленных предприятий или группу отраслей промышленности входят не все промышленные предприятия или отрасли промышленности на территории субсидирующего государства-члена;

      2) если субсидирующим органом или правовым актом, в соответствии с которым действует субсидирующий орган, устанавливаются объективные критерии или условия (критерии, которые являются нейтральными, не создают преимуществ для некоторых предприятий по сравнению с другими, являются экономическими по характеру и горизонтальными по способу применения, как, например, число занятых или размер предприятий), определяющие право на получение субсидии и ее размер, такая субсидия не рассматривается как специфическая при условии, что право на ее получение является автоматическим и что такие критерии и условия строго выполняются. Критерии и условия должны быть определены в законе, инструкции, правовом акте или других официальных документах таким образом, чтобы их можно было проверить;

      3) если, несмотря на видимость неспецифичности, вытекающей из применения принципов, указанных в подпунктах 1 и 2 настоящего пункта, имеются основания полагать, что субсидия в действительности может быть специфической, то могут быть приняты во внимание следующие факторы (при этом следует учитывать степень диверсификации экономической деятельности в пределах территории, на которой распространяются полномочия субсидирующего органа, а также продолжительность времени, в течение которого действует такая субсидия):

      использование субсидии ограниченным числом определенных предприятий;

      преимущественное использование субсидии определенными предприятиями;

      предоставление непропорционально больших сумм субсидий некоторым предприятиям;

      способ использования дискретности, которой обладает субсидирующий орган при принятии решения о предоставлении субсидии (в этом отношении, в частности, принимаются во внимание информация о частоте отказов или одобрений заявок на субсидирование и мотивы соответствующих решений).

      4. Субсидия, использование которой ограничено определенными предприятиями, расположенными в обозначенном географическом регионе, являющемся частью территории, на которой распространяются полномочия субсидирующего органа, является специфической. Введение или изменение государственным органом государства-члена ставок налогов, действующих в пределах всей территории, на которой распространяются его полномочия, не рассматривается как специфическая субсидия.

      5. Любая субсидия, подпадающая под положения раздела III настоящего Протокола, рассматривается как специфическая.

      Установление того факта, что субсидия является специфической в соответствии с настоящим разделом, основывается на доказательствах наличия специфичности субсидии.

      6. Государство-член вправе обратиться в Комиссию в целях согласования предоставления им специфической субсидии.

      Государства-члены не применяют компенсирующие меры к субсидиям, которые предоставляются на срок, на условиях и в объемах, которые согласованы Комиссией.

      Государства-члены направляют в Комиссию нормативные правовые акты, предусматривающие предоставление специфических субсидий, в порядке обязательного информирования в срок, установленный международным договором в рамках Союза, предусмотренным пунктом 7 настоящего Протокола.

      В случае если одно из государств-членов имеет основания полагать, что предоставление специфической субсидии другим государством-членом может нанести ущерб отрасли национальной экономики, то такое государство-член вправе инициировать проведение Комиссией соответствующего разбирательства.

      Если по итогам разбирательства подтверждается наличие ущерба отрасли национальной экономики, то Комиссия принимает решение о том, что государство-член, предоставляющее такую специфическую субсидию, обязано устранить условия, приводящие к ущербу, если вовлеченные в разбирательство государства-члены не договорились об ином в течение срока, установленного международным договором в рамках Союза, предусмотренным пунктом 7 настоящего Протокола.

      Комиссия устанавливает разумный срок для исполнения такого решения.

      Если государство-член, в отношении которого принято указанное решение, не исполняет это решение Комиссии в установленный срок, то другие государства-члены могут обратиться в Суд Союза.

      Применение положений настоящего пункта осуществляется с учетом переходных положений, предусмотренных пунктом 1 статьи 105 Договора.

      7. Государства-члены определяют международным договором в рамках Союза:

      порядок добровольного согласования с Комиссией специфических субсидий и принятия Комиссией соответствующих решений;

      порядок проведения Комиссией разбирательств (в том числе по фактам нарушения условий, порядка предоставления и использования специфических субсидий, установленных настоящим Протоколом);

      критерии, на основе которых Комиссия будет принимать решение о допустимости или недопустимости специфических субсидий (в том числе с учетом развития сложившихся и новых кооперационных связей между производителями государств-членов);

      порядок и условия запроса Комиссией информации о предоставляемых субсидиях.

      Срок вступления в силу указанного международного договора предусмотрен пунктом 1 статьи 105 Договора.

      8. В случае если государством-членом для получения специфической субсидии установлено требование в отношении получателя субсидии (производителя) о необходимости осуществления технологических операций при производстве определенного товара, то осуществление производителем другого государства-члена таких операций в других государствах-членах признается надлежащим выполнением такого требования в соответствии с порядком, определяемым Высшим советом.

III. Запрещенные субсидии

      9. Запрещены следующие виды субсидий:

      вывозная субсидия - субсидия, предоставление которой увязано в качестве единственного или одного из нескольких условий с результатами вывоза промышленного товара с территории государства-члена, предоставляющего эту субсидию, на территорию другого государства-члена;

      замещающая субсидия — субсидия, предоставление которой увязано в качестве единственного или одного из нескольких условий с использованием промышленного товара, происходящего с территории государства-члена, предоставляющего эту субсидию.

      Под увязыванием понимается в том числе наличие фактов, свидетельствующих о том, что предоставление субсидии, которое юридически не обусловлено результатами вывоза промышленного товара с территории субсидирующего государства-члена или использованием промышленного товара, происходящего с территории такого государства-члена, в действительности связано с фактическим или ожидаемым экспортом (вывозом), или с экспортной выручкой (выручкой при вывозе), или с требованием по использованию промышленных товаров, происходящих с территории субсидирующего государства-члена.

      Сам по себе факт, что субсидия предоставляется хозяйствующему субъекту, осуществляющему вывоз, не может служить основанием для того, чтобы считать ее вывозной субсидией.

      10. В случае если результатом предоставления одним государством-членом специфической субсидии является причинение ущерба отрасли национальной экономики другого государства-члена, то такая субсидия является запрещенной.

      Причинение ущерба отрасли национальной экономики должно быть доказано в соответствии с разделом V настоящего Протокола.

      11. Государства-члены не сохраняют и не вводят меры, которые применяются на основании нормативного правового акта или правового акта субсидирующего органа, соблюдение которых необходимо для получения специфических субсидий и которые соответствуют одному из следующих условий:

      1) содержат требования о:

      проведении закупок или использовании хозяйствующим субъектом промышленных товаров, происходящих с территории государства-члена, которое вводит меру, или из любого указанного субсидирующим органом местного источника (независимо от того, определяются ли конкретные товары, их объем или стоимость либо доли от объема или стоимости их местного производства);

      ограничении закупок или использовании хозяйствующим субъектом ввозимых с территории любого государства-члена промышленных товаров в количестве, связанном с объемами или стоимостью вывозимых этим хозяйствующим субъектом промышленных товаров, происходящих с территории государства-члена, которое вводит меру;

      2) ограничивают:

      ввоз хозяйствующим субъектом с территории любого государства-члена промышленных товаров, используемых в местном производстве или имеющих отношение к такому производству (в том числе в зависимости от объема или стоимости товаров, происходящих с территории государства-члена, которое вводит меру, и вывозимых этим хозяйствующим субъектом на территорию другого государства-члена);

      ввоз хозяйствующим субъектом с территории любого государства-члена промышленных товаров, используемых в местном производстве или имеющих отношение к такому производству, путем ограничения доступа хозяйствующего субъекта к валюте любого государства-члена в объеме поступлений этой валюты, причитающемся предприятию;

      вывоз хозяйствующим субъектом промышленных товаров на территорию любого государства-члена или продажу хозяйствующим субъектом промышленных товаров на территории любого государства-члена (в зависимости от конкретизации товаров, их объема или стоимости либо доли от объема или стоимости их местного производства, осуществляемого этим хозяйствующим субъектом).

      12. Запрещены специфические субсидии, предоставление которых приводит к серьезному ущемлению интересов любого из государств-членов. Серьезное ущемление интересов одного государства-члена возникает в случае, если результатом предоставления специфической субсидии другим государством-членом является:

      1) вытеснение аналогичного товара с рынка субсидирующего государства-члена или сдерживание роста ввоза аналогичного товара, происходящего с территории любого из государств-членов, на рынок субсидирующего государства-члена;

      2) вытеснение аналогичного товара, происходящего с территории любого государства-члена, с рынка третьего государства-члена или сдерживание роста вывоза такого аналогичного товара на территорию третьего государства-члена;

      3) значительное занижение цены промышленного товара, при производстве, транспортировке или вывозе с территории субсидирующего государства-члена которого использовалась специфическая субсидия, относительно цены аналогичного товара, происходящего с территории другого государства-члена, на одном и том же рынке любого из государств-членов либо значительное сдерживание роста цен, падение цен или упущенные продажи на одном и том же рынке.

      13. Серьезное ущемление интересов, указанное в пункте 12 настоящего Протокола, определяется в соответствии с настоящим разделом, а доказывается в соответствии с разделом V настоящего Протокола.

      14. На территориях государств-членов не предоставляются и не сохраняются меры, указанные в пункте 11 настоящего Протокола, а также запрещенные субсидии, в том числе следующие (при этом под экспортом товаров понимается вывоз товаров с территории субсидирующего государства-члена на территорию другого государства-члена):

      1) программы, освобождающие экспортера от обязательной продажи государству-члену части валютной выручки или допускающие применение множественного курса валюты через частичное обесценение национальной валюты, в связи с чем экспортер получает преимущество за счет курсовой разницы;

      2) внутренние транспортные и фрахтовые тарифы для экспортных отгрузок, устанавливаемые или взимаемые государством-членом на условиях более льготных по сравнению с перевозками на внутреннем рынке;

      3) предоставление товаров и услуг, используемых в производстве экспортируемых товаров, на более льготных условиях, чем для используемых в производстве аналогичных товаров, реализуемых на внутреннем рынке;

      4) полное или частичное освобождение от уплаты, предоставление отсрочки или уменьшение налогов или любых других отчислений, уплачиваемых или подлежащих уплате хозяйствующими субъектами, увязанные с результатами экспорта или с использованием товаров, происходящих с территории государства-члена, предоставляющего указанные льготы. При этом отсрочка не обязательно является запрещенной субсидией, если взимаются подлежащие уплате пени за неуплату налогов. Взимание с экспортируемого товара налога на добавленную стоимость по нулевой ставке не является признаком запрещенной субсидии;

      5) увязанные с результатами экспорта специальные вычеты, сокращающие базу налогообложения товаров, в большем объеме по сравнению с аналогичными товарами, реализуемыми на внутреннем рынке;

      6) освобождение, уменьшение, отсрочка от уплаты налогов или специальные вычеты, применяемые для расчета базы налогообложения, на товары и услуги, используемые в производстве экспортных товаров, в большей мере, чем освобождение от уплаты, уменьшение, отсрочка налогов или специальные вычеты, применяемые для расчета базы налогообложения, на товары и услуги, используемые в производстве аналогичных товаров, реализуемых на внутреннем рынке;

      7) взимание таможенных платежей за сырье и материалы, использующиеся в производстве экспортной продукции, по более низким ставкам, чем за такие же сырье и материалы, использующиеся в производстве аналогичной продукции для потребления на внутреннем рынке, либо возврат таможенных платежей за сырье и материалы, использующиеся в производстве экспортной продукции, в большем объеме, чем за такие же сырье и материалы, использующиеся в производстве аналогичной продукции, реализуемой на внутреннем рынке;

      8) уменьшение или возврат импортных пошлин, которые взимаются с импортных сырья и материалов, использованных в производстве продукции, если в произведенной продукции содержание отечественных сырья или материалов является обязательным (независимо от того, определяются ли конкретные товары, их объем или стоимость либо доля от объема или стоимости их местного производства);

      9) взимание премий, недостаточных для покрытия долгосрочных операционных расходов или убытков по программам гарантирования или страхования экспортных кредитов, страхования или гарантирования от увеличения стоимости экспортных товаров или валютных рисков;

      10) предоставление экспортных кредитов по ставкам ниже тех, которые получатели таких кредитов фактически должны были бы уплачивать за пользование сопоставимым кредитом (один и тот же срок погашения кредита, валюта кредита и т. д.) в рыночных условиях, либо оплата всех или части расходов, понесенных экспортерами или финансовыми учреждениями в связи с получением кредита. Практика экспортного кредитования, отвечающая положениям о процентных ставках Договоренности по официальным экспортным кредитам Организации экономического сотрудничества и развития, не будет рассматриваться в качестве запрещенной субсидии;

      11) снижение тарифов на электроэнергию или энергоносители, отпускаемые предприятию, при условии, что такое субсидирование увязано с результатами экспорта или с использованием отечественных товаров вместо импортных.

      15. Комиссия, руководствуясь настоящим Протоколом, не согласовывает запрещенные субсидии в качестве допустимых.

      Применение положений настоящего пункта осуществляется с учетом переходных положений, предусмотренных пунктом 1 статьи 105 настоящего Договора.

      16. В случае если одно государство-член имеет основание считать, что субсидирующий орган другого государства-члена предоставляет запрещенные субсидии и (или) вводит меры, соблюдение которых необходимо для получения специфических субсидий, в соответствии с настоящим Протоколом, первое государство-член имеет право обратиться к этому другому государству-члену с просьбой о проведении консультаций об отмене таких запрещенных субсидий или мер.

      17. Если в течение 2 месяцев с даты получения по официальным дипломатическим каналам уведомления о проведении консультаций, указанных в пункте 16 настоящего Протокола, государства-члены не достигают взаимного согласия, то имеющиеся разногласия разрешаются в соответствии со статьей 93 Договора.

      Если по результатам процедуры разрешения споров принято решение о том, что одно из государств-членов предоставляет запрещенные субсидии, указанные в пунктах 9 и 12 настоящего Протокола, и (или) применяет меры, указанные в пункте 11 настоящего Протокола, то это государство-член отменяет такие запрещенные субсидии или меры незамедлительно вне зависимости от того, является ли результатом таких запрещенных субсидий или мер причинение ущерба национальной экономике других государств-членов, и вводит компенсирующую меру в отношении таких запрещенных субсидий в соответствии с пунктами 89 - 94 настоящего Протокола.

      18. Субсидирующие органы в течение установленного переходного периода вправе предоставлять субсидии путем применения мер согласно приложению к настоящему Протоколу.

IV. Допустимые субсидии

      19. Субсидии, которые не являются запрещенными и специфическими в соответствии с настоящим Протоколом, признаются допустимыми субсидиями, предоставление которых не искажает взаимную торговлю государств-членов.

      Государства-члены вправе предоставлять такие субсидии без ограничений, и в отношении таких субсидий положения настоящего Протокола, касающиеся применения компенсирующих и ответных мер или запрета на предоставление субсидий, не действуют.

      20. Государства-члены вправе предоставлять допустимые субсидии, предусмотренные настоящим разделом, без согласования с Комиссией.

      Применение положений настоящего пункта осуществляется с учетом переходных положений, предусмотренных пунктом 1 статьи 105 Договора.

      21. Указанные в разделе VII настоящего протокола субсидии, которые являются специфическими в соответствии с разделом II настоящего Протокола, но признаются государствами-членами не искажающими взаимную торговлю, не дают основания для принятия компенсирующих мер в соответствии с разделом VIII настоящего Протокола.

V. Порядок проведения расследований

      22. Расследование в целях анализа соответствия субсидий, предоставляемых на территории государства-члена, положениям настоящего Протокола, а также установления наличия ущерба отрасли национальной экономики вследствие ввоза субсидируемого товара с территории государства-члена, предоставившего специфическую субсидию, либо вытеснения аналогичного товара с рынка субсидирующего государств-члена проводится компетентным органом на основании поданного в соответствии с настоящим Протоколом в письменной форме обращения национальных производителей аналогичного товара, зарегистрированных на территории этого государства-члена, либо по собственной инициативе компетентного органа (далее - обращение).

      23. Обращение подается национальным производителем аналогичного товара или объединением таких производителей, в число участников которого входят производители, составляющие отрасль национальной экономики, а также представителями этих лиц, имеющими полномочия, оформленные надлежащим образом в соответствии с законодательством государства-члена, на территории которого эти представители зарегистрированы (далее - заявители).

      24. Обращение содержит:

      1) информацию о заявителе;

      2) описание товара (с указанием страны происхождения и кода ТН ВЭД ЕАЭС);

      3) сведения о наличии, характере и размере специфической субсидии;

      4) сведения о производителях субсидируемого товара;

      5) сведения о национальных производителях аналогичного товара;

      6) сведения об изменении объема ввоза субсидируемого товара на территорию государства-члена, в компетентный орган которого подается обращение, за 3 календарных года, предшествующих дате подачи обращения;

      7) сведения об изменении объема вывоза аналогичного товара с территории государства-члена, в компетентный орган которого подается обращение, на территорию других государств-членов;

      8) доказательства наличия ущерба отрасли национальной экономики вследствие ввоза субсидируемого товара, либо вытеснения аналогичного товара с рынка субсидирующего государства-члена. Доказательства наличия материального ущерба отрасли национальной экономики, или угрозы его причинения вследствие ввоза субсидируемого товара, или вытеснения аналогичного товара с рынка субсидирующего государства-члена основываются на объективных факторах, которые характеризуют экономическое положение отрасли национальной экономики и могут быть выражены в количественных показателях (в том числе объем производства товара и объем его продаж, доля товара на рынке государства-члена, себестоимость производства товара, цена товара, данные о загрузке производственных мощностей, производительности труда, размерах прибыли, рентабельности производства и продаж товара, об объеме инвестиций в отрасль национальной экономики);

      9) сведения об изменении объема импорта аналогичного товара (в количественном и стоимостном выражении) на таможенную территорию Союза за 3 календарных года, предшествующих дате подачи обращения;

      10) сведения об изменении объема экспорта аналогичного товара (в количественном и стоимостном выражении) с таможенной территории Союза за 3 календарных года, предшествующих дате подачи обращения;

      11) анализ других факторов, которые могли оказать влияние на отрасль национальной экономики в анализируемый период.

      25. При указании стоимостных показателей, содержащихся в обращении, в целях сопоставимости используется денежная единица, установленная Комиссией для ведения статистики внешней торговли.

      26. Обращение с приложением его неконфиденциальной версии (если в обращении содержится конфиденциальная информация) представляется в компетентный орган и подлежит регистрации в день поступления обращения в этот орган.

      27. Обращение отклоняется по следующим основаниям:

      несоответствие заявителя требованиям, установленным пунктом 23 настоящего Протокола;

      непредставление сведений, указанных в пункте 24 настоящего Протокола;

      недостоверность представленных заявителем сведений.

      Отклонение обращения по иным основаниям не допускается.

      28. Компетентный орган до принятия решения о начале

      расследования уведомляет в письменной форме уполномоченный орган государства-члена, на территории которого предоставляется рассматриваемая специфическая субсидия, о поступлении обращения.

      29. Компетентный орган в целях принятия решения о начале расследования в течение 30 календарных дней с даты регистрации обращения изучает достаточность и достоверность доказательств и сведений, содержащихся в этом обращении, в соответствии с пунктом 24 настоящего Протокола. В случае необходимости получения компетентным органом дополнительных сведений от заявителя указанный срок может быть продлен, но не должен превышать 40 календарных дней с даты регистрации обращения.

      30. Обращение может быть отозвано заявителем до начала расследования или в ходе его проведения.

      В случае если обращение отзывается до начала расследования, такое обращение считается неподанным.

      В случае если обращение отзывается в ходе проведения расследования, это расследование прекращается либо продолжается по решению компетентного органа.

      31. После принятия к рассмотрению обращения и до принятия решения о начале расследования компетентный орган предлагает уполномоченному органу государства-члена, предоставившего специфическую субсидию, провести консультации в целях уточнения наличия, размера и использования, а также последствий предоставления специфической субсидии и в целях достижения взаимоприемлемого решения. Такие консультации могут проводиться и в ходе расследования.

      32. Проведение консультаций в целях уточнения наличия, размера и последствий предоставления специфической субсидии не препятствует принятию компетентным органом решения о начале расследования, а также о подготовке по результатам такого расследования заключения о соответствии специфической субсидии, предоставленной на территории другого государства-члена, положениям настоящего Протокола и (или) о причинении ущерба отрасли национальной экономики вследствие ввоза субсидируемого товара с территории государства-члена, предоставившего специфическую субсидию, и передаче государству-члену, на территории которого предоставляется рассматриваемая специфическая субсидия, заявления о применении компенсирующей меры.

      33. Компетентный орган до истечения срока, указанного в пункте 29 настоящего Протокола, принимает решение о начале расследования или об отказе в его проведении.

      При принятии решения об отказе в проведении расследования компетентный орган в письменной форме в срок не более 10 календарных дней с даты принятия такого решения уведомляет заявителя о причине отказа в проведении расследования.

      При принятии решения о начале расследования компетентный орган уведомляет в письменной форме уполномоченный орган государства-члена, предоставившего специфическую субсидию, а также другие известные ему заинтересованные лица о принятом решении и обеспечивает в срок не более 5 рабочих дней с даты принятия решения о начале расследования публикацию уведомления о начале расследования. Дата публикации уведомления о начале расследования признается датой начала расследования.

      34. Компетентный орган может принять решение о начале расследования (в том числе по собственной инициативе) в случае, если в распоряжении этого органа имеются доказательства наличия фактов нарушения настоящего Протокола и (или) наличия ущерба отрасли национальной экономики вследствие ввоза субсидируемого товара на территорию данного государства-члена или вытеснения субсидируемым товаром аналогичного товара с рынка государства-члена, предоставившего специфическую субсидию, либо другого государства-члена.

      В случае если доказательств недостаточно для проведения расследования, такое расследование не может быть начато.

      35. После принятия решения о начале расследования компетентный орган направляет известным ему национальным производителям аналогичного товара и производителям субсидируемого товара, являющегося объектом расследования, перечень вопросов, на которые они представляют ответы в целях проведения расследования.

      Перечень вопросов считается полученным с даты его передачи непосредственно представителю национального производителя аналогичного товара или производителя субсидируемого товара или через 7 календарных дней с даты отправки этого перечня по почте.

      Национальные производители аналогичного товара и производители субсидируемого товара, являющегося объектом расследования, которым был направлен перечень вопросов, представляют свои ответы в компетентный орган в течение 30 календарных дней с даты получения ими такого перечня. По мотивированной и изложенной в письменной форме просьбе национальных производителей аналогичного товара и производителей субсидируемого товара, являющегося объектом расследования, указанный срок может быть продлен компетентным органом, но не более чем на 10 календарных дней.

      36. В целях проверки представленных в ходе расследования сведений или получения дополнительных сведений, связанных с проводимым расследованием, компетентный орган может проводить расследование на территории государства-члена, предоставившего специфическую субсидию, при условии получения согласия на это соответствующего производителя субсидируемого товара, являющегося объектом расследования, а также при условии предварительного уведомления представителей правительства соответствующего государства-члена и отсутствия со стороны этого государства-члена возражений в отношении проведения расследования на его территории.

      В целях проверки представленных в ходе расследования сведений или получения дополнительных сведений, связанных с проводимым расследованием, компетентный орган вправе направлять своих представителей к месту нахождения национальных производителей аналогичного товара, проводить консультации и переговоры с заинтересованными лицами, знакомиться с образцами субсидируемого товара, являющегося объектом расследования, и предпринимать иные необходимые для проведения расследования действия, не противоречащие законодательству государства-члена, проводящего расследование.

      37. Компетентный орган в ходе проведения расследования может направлять в уполномоченные органы государства-члена, предоставившего или предоставляющего рассматриваемую субсидию, а также заинтересованным лицам запросы о предоставлении информации, имеющей отношение к проводимому расследованию.

      38. Заинтересованные лица вправе предоставить не позднее даты, указанной в уведомлении о начале расследования, необходимые для проведения расследования сведения (в том числе конфиденциальную информацию) с указанием источника их получения. Компетентный орган вправе запросить у заинтересованных лиц дополнительные сведения.

      39. Доказательства и сведения, относящиеся к расследованию, представляются в компетентный орган на государственном языке государства-члена, проводящего расследование, а оригиналы документов, составленные на иностранном языке, должны сопровождаться удостоверенным в установленном порядке переводом.

      40. Компетентный орган с учетом необходимости защиты конфиденциальной информации в соответствии с настоящим Протоколом в ходе расследования предоставляет заинтересованным лицам по их просьбе в письменной форме возможность ознакомиться со сведениями, представленными в письменной форме любым заинтересованным лицом в качестве доказательств, относящихся к расследованию. Компетентный орган предоставляет участникам расследования возможность ознакомиться с иной информацией, относящейся к расследованию и используемой им в ходе расследования, но не являющейся конфиденциальной, в соответствии с настоящим Протоколом.

      41. Органы государственной власти (управления) государств-членов, уполномоченные в области таможенного дела, ведения государственной статистики, другие органы государственной власти (управления) государств-членов и территориальные (местные) органы государственной власти (управления) оказывают содействие в проведении расследования и предоставляют по запросам компетентного органа необходимые для проведения расследования сведения (в том числе содержащие конфиденциальную информацию).

      42. Срок проведения расследования не превышает 6 месяцев с даты начала расследования.

      Расследование считается завершенным в день направления компетентным органом для рассмотрения в правительство своего государства результатов расследования.

      43. По результатам расследования компетентный орган готовит заключение о соответствии субсидии, предоставленной на территории другого государства-члена, положениям настоящего Протокола.

      44. В случае если по результатам расследования доказано нарушение настоящего Протокола и (или) причинение ущерба отрасли национальной экономики, государство-член, компетентный орган которого провел расследование, передает государству-члену, на территории которого предоставляется рассматриваемая специфическая субсидия, заявление о введении компенсирующей меры.

      45. При определении отрасли национальной экономики территория государства-члена, компетентный орган которого проводит расследование, может рассматриваться как территория, на которой функционируют два или несколько конкурирующих рынков, а национальные производители аналогичного товара в пределах одного из таких рынков могут рассматриваться как отдельная отрасль национальной экономики, если такие производители продают на этом рынке не менее 80 процентов аналогичного товара, производимого ими, и спрос на этом рынке на аналогичный товар не удовлетворяется в значительной мере национальными производителями данного товара, находящимися на остальной территории государства-члена, проводящего расследование. В таких случаях наличие ущерба отрасли национальной экономики может быть установлено, даже если основной части отрасли национальной экономики не причинен ущерб, при условии, что продажа субсидируемого товара сконцентрирована на одном из конкурирующих рынков и ввоз субсидируемого товара причиняет ущерб не менее чем 80 процентам национальных производителей аналогичного товара в пределах одного такого рынка.

      46. Размер специфической субсидии определяется на основе размера выгоды, извлекаемой получателем такой субсидии. При расчете размера выгоды компетентный орган учитывает следующее:

      1) участие субсидирующего органа в капитале организации не рассматривается как предоставление специфической субсидии, если такое участие не может быть расценено как не отвечающее обычной инвестиционной практике (включая предоставление рискового капитала) на территории соответствующего государства-члена;

      2) кредит, предоставленный субсидирующим органом, не рассматривается как специфическая субсидия, если отсутствует разница между суммой, которую организация — получатель кредита уплачивает за государственный кредит, и суммой, которую она уплатила бы за сопоставимый коммерческий кредит, который данная организация может получить на кредитном рынке соответствующего государства-члена. В противном случае выгодой считается разница между этими суммами;

      3) гарантирование кредита субсидирующим органом не рассматривается как предоставление специфической субсидии, если отсутствует разница между суммой, которую организация — получатель гарантии уплачивает за кредит, гарантированный субсидирующим органом, и суммой, которую она уплатила бы за сопоставимый коммерческий кредит без государственной гарантии. В противном случае выгодой считается разница между этими суммами с поправкой на разницу в комиссионных;

      4) поставка субсидирующим органом товаров, или оказание услуг, или закупка товаров не рассматриваются как предоставление специфической субсидии, если товары или услуги поставляются за менее чем адекватное вознаграждение либо закупки не осуществляются за более чем адекватное вознаграждение. Адекватность вознаграждения определяется исходя из существующих рыночных условий покупки и продажи таких товаров и услуг на рынке соответствующего государства-члена (включая цену, качество, доступность, ликвидность, транспортировку и другие условия покупки или продажи товара).

      47. Расчет размера субсидии осуществляется на единицу товара (тонну, кубический метр, штуку и др.), ввезенного на территорию государства-члена, компетентный орган которого проводит расследование, либо реализованного на рынке государства-члена, на территории которого предоставляется специфическая субсидия, или на рынке другого государства-члена.

      48. При расчете размера субсидии должны учитываться показатели инфляции в соответствующем государстве-члене в случае, если темпы инфляции настолько высоки, что могут искажать полученные результаты.

      49. Размер субсидии на единицу товара устанавливается исходя из размера расходов государства-члена, предоставившего специфическую субсидию, на эти цели.

      50. При расчете размера субсидии на единицу товара стоимость такого товара определяется как общая стоимость продаж получателя субсидии за 12 месяцев, которые предшествовали получению субсидии и по которым имеются необходимые данные.

      51. При расчете размера субсидии необходимо из общей суммы субсидии вычесть сумму любого регистрационного сбора или другие расходы, понесенные для получения субсидии.

      52. Если субсидия предоставляется не в отношении определенного количества произведенного, вывезенного или транспортированного промышленного товара, то расчет размера субсидии на единицу товара осуществляется путем деления общей суммы субсидии на объем производства, продаж или вывоза такого товара за период предоставления субсидии с учетом при необходимости доли ввозимого субсидируемого товара в общем объеме производства, продаж или вывоза товара.

      53. Если субсидия предоставляется в связи с развитием или приобретением основных фондов, то расчет размера субсидии осуществляется путем распределения субсидии на средний срок амортизации таких основных фондов в рассматриваемой отрасли экономики государства-члена, предоставившего специфическую субсидию. Расчет размера субсидии на единицу товара включает в себя также субсидии, которые предоставлялись на приобретение основных фондов до начала периода, охватываемого расследованием, но срок амортизации которых еще не истек.

      54. При расчете размера субсидии в случае, если величина субсидии, предоставляемой в разные периоды времени или на разные цели для одного и того же товара, различна, применяются средневзвешенные показатели размера субсидии исходя из объема производства, продаж или вывоза товара.

      55. Если субсидия предоставляется в форме налоговых льгот, стоимость товара определяется из расчета общей стоимости его продаж за последние 12 месяцев, в течение которых применялись налоговые льготы.

      56. Субсидии, предоставленные в течение календарного года разными субсидирующими органами и (или) для выполнения разных программ, должны суммироваться.

      57. Факт вытеснения аналогичного товара с рынка субсидирующего государства-члена либо с рынка другого государства-члена, или сдерживания роста ввоза аналогичного товара на территорию субсидирующего государства-члена, или сдерживания роста вывоза товара на территорию другого государства-члена устанавливается в случае, если доказано, что имело место неблагоприятное изменение доли аналогичного товара на рынке субсидирующего государства-члена либо на рынке другого государства-члена относительно субсидируемого товара. Указанный факт устанавливается за период, достаточный для доказательства четких тенденций в развитии рынка соответствующего товара, который в обычных условиях должен составлять не менее 1 года.

      58. Неблагоприятное изменение доли аналогичного товара на рынке субсидирующего государства-члена либо на рынке другого государства-члена включает в себя одну из следующих ситуаций:

      1) рыночная доля субсидируемого товара увеличивается;

      2) рыночная доля субсидируемого товара остается неизменной в обстоятельствах, при которых в отсутствие специфической субсидии она должна была уменьшаться;

      3) рыночная доля субсидируемого товара падает, но более медленными темпами, чем это происходило бы в случае отсутствия специфической субсидии.

      59. Занижение цен устанавливается на основе сопоставления цен субсидируемого товара на соответствующем рынке с ценами товара, при производстве, транспортировке или вывозе на территорию любого из государств-членов которого не использовалась специфическая субсидия. Сопоставление производится на одном и том же уровне торговли и за сравнимые периоды времени. В ходе сопоставления во внимание принимаются любые факторы, влияющие на сопоставимость цен. В случае если указанное сопоставление произвести невозможно, наличие занижения цен может быть установлено на основе средних экспортных цен.

      60. В случае если два государства-члена ведут спор в соответствии со статьей 93 Договора о наличии серьезного ущемления интересов согласно пунктам 12, 57-59, 61 и 62 настоящего Протокола на рынке третьего государства-члена, такое государство-член предоставляет государствам-членам, являющимся сторонами спора, имеющуюся в его распоряжении статистическую информацию, относящуюся к предмету спора, в отношении изменений на рынке такого третьего государства-члена доли товаров, происходящих с территорий государств-членов, являющихся сторонами спора, а также статистическую информацию по ценам соответствующих товаров. При этом такое государство-член вправе не проводить специальный анализ рынка или цен, а также не предоставлять информацию, которую считает коммерческой или государственной тайной.

      61. Факт наличия серьезного ущемления интересов не может быть установлен при наличии в течение соответствующего периода времени одного из следующих обстоятельств:

      1) наличие запрета или ограничений вывоза товара с территории государства-члена, устанавливающего факт наличия серьезного ущемления интересов, либо запрета или ограничений ввоза товара с территории такого государства-члена на рынок другого государства-члена;

      2) принятие уполномоченным органом государства-члена, которое ввозит аналогичный товар и практикует монополию торговли или государственную торговлю этим товаром, решения по некоммерческим причинам переориентировать ввоз из государства-члена, устанавливающего факт наличия серьезного ущемления интересов, на ввоз из другого государства-члена;

      3) стихийные бедствия, забастовки, перебои на транспорте или другие форс-мажорные обстоятельства, оказывающие серьезное негативное воздействие на производство, качество, количество или цену товара, предназначенного для вывоза из государства-члена, устанавливающего факт наличия серьезного ущемления интересов;

      4) наличие договоренностей, ограничивающих вывоз из государства-члена, устанавливающего факт наличия серьезного ущемления интересов;

      5) добровольное сокращение возможности вывоза промышленного товара из государства-члена, устанавливающего факт наличия серьезного ущемления интересов (включая ситуацию, когда хозяйствующие субъекты этого государства-члена автономно переориентировали экспорт этого аналогичного товара на новые рынки);

      6) несоответствие стандартам и (или) другим административным требованиям в государстве-члене, на территорию которого ввозится товар.

      62. При отсутствии обстоятельств, указанных в пункте 61 настоящего Протокола, наличие серьезного ущемления интересов определяется на основе информации, предоставленной в Суд Союза или полученной Судом Союза самостоятельно.

      63. Ущерб отрасли национальной экономики вследствие ввоза субсидируемого товара устанавливается на основе результатов анализа объема ввоза субсидируемого товара и воздействия такого ввоза на цены аналогичного товара на рынке государства-члена, компетентный орган которого проводит расследование, и на национальных производителей аналогичного товара.

      64. При анализе объема ввоза субсидируемого товара компетентный орган определяет, произошло ли увеличение ввоза субсидируемого товара (в абсолютных показателях либо относительно производства или потребления аналогичного товара в государстве-члене, компетентный орган которого проводит расследование).

      65. При анализе воздействия ввоза субсидируемого товара на цены аналогичного товара на рынке государства-члена, компетентный орган которого проводит расследование, компетентный орган устанавливает:

      1) были ли цены субсидируемого товара ниже цен аналогичного товара на рынке этого государства-члена;

      2) привел ли ввоз субсидируемого товара к снижению цен аналогичного товара на рынке этого государства-члена;

      3) препятствовал ли ввоз субсидируемого товара росту цен аналогичного товара на рынке этого государства-члена, который имел бы место в случае отсутствия такого ввоза.

      66. Анализ воздействия ввоза субсидируемого товара на отрасль национальной экономики заключается в оценке экономических факторов, имеющих отношение к состоянию отрасли национальной экономики, в том числе:

      1) происшедшего или возможного в будущем сокращения производства, продажи аналогичного товара, доли его на рынке государства-члена, компетентный орган которого проводит расследование, прибыли, производительности труда, доходов от привлеченных инвестиций или использования производственных мощностей;

      2) факторов, влияющих на цены аналогичного товара на рынке государства-члена, компетентный орган которого проводит расследование;

      3) происшедшего или возможного в будущем негативного воздействия на движение денежных потоков, запасы аналогичного товара, уровень занятости, заработную плату, темпы роста производства, возможность привлечения инвестиций.

      67. Воздействие ввоза субсидируемого товара на отрасль национальной экономики оценивается применительно к производству аналогичного товара в государстве-члене, компетентный орган которого проводит расследование, если имеющиеся данные позволяют выделить производство аналогичного товара на основе таких критериев, как производственный процесс, продажа товара его производителями и прибыль. В случае если имеющиеся данные не позволяют выделить производство аналогичного товара, воздействие ввоза субсидируемого товара на отрасль национальной экономики оценивается применительно к производству наиболее узкой группы или номенклатуры товаров, которые включают в себя аналогичный товар и о которых имеются необходимые данные.

      68. Установление ущерба отрасли национальной экономики вследствие ввоза субсидируемого товара основывается на анализе всех относящихся к делу и имеющихся в распоряжении компетентного органа доказательств и сведений. Компетентный орган анализирует в том числе динамику и влияние импортных поставок аналогичного товара на таможенную территорию Союза, поставок из других государств-членов. При этом ни один, ни несколько факторов из числа установленных в результате анализа объема ввоза субсидируемого товара и воздействия такого ввоза на отрасль национальной экономики не могут иметь решающее значение для установления ущерба отрасли национальной экономики вследствие ввоза субсидируемого товара. Помимо ввоза субсидируемого товара компетентный орган анализирует другие известные факторы, вследствие которых в тот же период причиняется ущерб отрасли национальной экономики. Указанный ущерб не относится компетентным органом к ущербу отрасли национальной экономики вследствие ввоза субсидируемого товара.

      69. При установлении угрозы причинения материального ущерба отрасли национальной экономики вследствие ввоза субсидируемого товара компетентный орган учитывает все имеющиеся факторы, в том числе следующие:

      1) характер, размер субсидии или субсидий и их возможное воздействие на торговлю;

      2) темпы роста ввоза субсидируемого товара, свидетельствующие о реальной возможности дальнейшего увеличения такого ввоза;

      3) наличие у производителей субсидируемого товара в субсидирующем государстве-члене достаточных возможностей увеличения ввоза субсидируемого товара или очевидная неотвратимость увеличения таких возможностей;

      4) уровень цен субсидируемого товара, если такой уровень цен может привести к снижению или сдерживанию цены аналогичного товара на рынке государства-члена, компетентный орган которого проводит расследование, и к дальнейшему росту спроса на субсидируемый товар;

      5) запасы субсидируемого товара у производителя.

      70. При этом ни один, ни несколько факторов из числа факторов, указанных в пункте 69 настоящего Протокола, не могут иметь решающее значение для установления угрозы причинения материального ущерба отрасли национальной экономики вследствие ввоза субсидируемого товара.

      71. Решение о наличии угрозы причинения материального ущерба отрасли национальной экономики принимается в случае, если в ходе расследования по результатам анализа факторов, указанных в пункте 69 настоящего Протокола, компетентный орган пришел к заключению о неотвратимости продолжения ввоза субсидируемого товара и причинения таким ввозом материального ущерба отрасли национальной экономики в случае непринятия компенсирующей меры.

      72. Заинтересованными лицами при проведении расследования являются:

      1) национальный производитель аналогичного товара, объединение национальных производителей, большинство участников которого являются производителями аналогичного товара;

      2) производитель субсидируемого товара, являющегося объектом расследования, объединение производителей такого субсидируемого товара, большинство участников которого являются производителями данного товара;

      3) субсидирующее государство-член и (или) уполномоченный орган субсидирующего государства-члена;

      4) общественные объединения потребителей (в случае если субсидируемый товар, являющийся объектом расследования, потребляется преимущественно физическими лицами);

      5) потребители субсидируемого товара, являющегося объектом расследования (в случае если они используют этот товар при производстве продукции) и объединения таких потребителей.

      73. Заинтересованные лица, указанные в пункте 72 настоящего Протокола, действуют в ходе расследования самостоятельно или через своих представителей, у которых в соответствии с законодательством государства-члена, компетентный орган которого проводит расследование, имеются должным образом оформленные полномочия.

      В случае если заинтересованное лицо в ходе расследования действует через уполномоченного представителя, компетентный орган доводит до заинтересованного лица все сведения о предмете расследования только через этого представителя.

      74. Информация, представляемая заинтересованным лицом в компетентный орган, рассматривается в качестве конфиденциальной при представлении этим лицом обоснований, свидетельствующих о том, что раскрытие такой информации предоставит преимущество в условиях конкуренции третьему лицу либо повлечет за собой неблагоприятные последствия для лица, представившего информацию, или для лица, у которого получена эта информация. Конфиденциальная информация не должна разглашаться без разрешения представившего ее заинтересованного лица, за исключением случаев, предусмотренных законодательством государств-членов.

      Компетентный орган вправе требовать от представляющего конфиденциальную информацию заинтересованного лица представление ее неконфиденциальной версии. Неконфиденциальная версия должна содержать сведения, достаточные для понимания сути представленной конфиденциальной информации. В случае если в ответ на это требование заинтересованное лицо заявляет, что конфиденциальная информация не может быть представлена в таком виде, это лицо представляет соответствующие обоснования.

      В случае если компетентный орган установит, что обоснования, представленные заинтересованным лицом, не позволяют отнести представленную информацию к конфиденциальной, либо заинтересованное лицо, не представившее неконфиденциальную версию конфиденциальной информации, не представляет и соответствующее обоснование или представляет сведения, которые не являются таким обоснованием, компетентный орган может не учитывать эту информацию.

      75. Компетентный орган несет предусмотренную законодательством своего государства-члена ответственность за разглашение конфиденциальной информации.

VI. Общие исключения

      76. Ничто в настоящем Протоколе не должно быть истолковано:

      1) как требование к какому-либо государству-члену предоставлять какую-либо информацию, раскрытие которой оно считает противоречащим существенным интересам его безопасности;

      2) как препятствие любому государству-члену предпринимать действия, которые оно сочтет необходимым для защиты существенных интересов его безопасности:

      действия в отношении расщепляемых материалов или материалов, из которых они производятся;

      действия в отношении разработки, производства и торговли оружием, боеприпасами и военными материалами, а также другими товарами и материалами, которые осуществляются прямо или косвенно в целях снабжения вооруженных сил;

      действия, принимаемые в военное время или в других чрезвычайных обстоятельствах в международных отношениях;

      3) как препятствие любому государству-члену предпринимать любые действия во исполнение его обязательств по Уставу Организации Объединенных Наций для сохранения мира во всем мире и международной безопасности.

      77. Положения настоящего Протокола не препятствуют государствам-членам использовать специфические субсидии, искажающие торговлю, если такие субсидии вводятся в исключительных обстоятельствах (при условии, что целью этих мер не является ограничение ввоза товаров с территорий других государств-членов и такие меры не носят дискриминационного характера) и если их введение обусловлено необходимостью в защите:

      1) общественной морали, общественного правопорядка и государственной безопасности;

      2) жизни или здоровья людей, животных и растений;

      3) национальных сокровищ художественной, исторической или археологической ценности;

      4) прав на интеллектуальную собственность;

      5) истощаемых природных ресурсов (если подобные меры проводятся одновременно с ограничением внутреннего производства или потребления).

VII. Специфические субсидии, предоставление
которых не является основанием для
принятия компенсирующих мер

      78. Не является основанием для принятия компенсирующих мер предоставление такой специфической субсидии, как помощь на исследовательскую деятельность, осуществляемую хозяйствующими субъектами, а также высшими учебными заведениями и научными учреждениями на контрактной основе с хозяйствующими субъектами, при условии, что такая помощь покрывает не более 75 процентов стоимости промышленных исследований или 50 процентов стоимости разработок на доконкурентной стадии и что она предоставляется исключительно на покрытие:

      1) расходов на персонал (исследователи, техники и другой вспомогательный персонал, занятый исключительно исследовательской деятельностью);

      2) расходов на инструменты, оборудование, землю и сооружения, используемые исключительно и постоянно для исследовательской деятельности (за исключением продажи на коммерческой основе);

      3) расходов на консультационные и эквивалентные услуги, используемые исключительно для исследовательской деятельности (включая покупку результатов научных исследований, технических знаний, патентов и т. п.);

      4) дополнительных накладных расходов, понесенных непосредственно в результате исследовательской деятельности;

      5) других текущих расходов (на материалы, обеспечение и т. п.), понесенных непосредственно в результате исследовательской деятельности.

      79. Для целей настоящего раздела под промышленными исследованиями понимаются запланированные исследования или важнейшие исследования, направленные на открытие новых знаний в расчете на то, что такие знания могут оказаться полезными в разработке новых товаров, технологических процессов или услуг, а также для существенного улучшения существующих товаров, процессов или услуг.

      Под разработками на доконкурентной стадии понимается перевод результатов промышленных исследований в план, чертеж или макет новых, модифицированных или улучшенных товаров, технологических процессов или услуг, предназначенных для продажи или использования (включая создание первого прототипа, непригодного для коммерческого использования). Указанные разработки могут также включать формулировку концепции и дизайн альтернативных товаров, способов или услуг, а также первоначальные демонстрационные либо пилотные проекты при условии, что они не могут быть приспособлены или использованы для промышленного применения или коммерческой эксплуатации. Указанные разработки не распространяются на текущие и периодические изменения в существующих товарах, производственных линиях, процессах обработки, услугах и других обычных операциях, даже если такие изменения приводят к улучшению.

      80. Допустимый уровень помощи, указанный в пункте 78 настоящего Протокола, не дающий основания для принятия компенсирующих мер, устанавливается по отношению к общей сумме соответствующих расходов, понесенных за период осуществления определенного проекта.

      В случае реализации программ, объединяющих промышленные исследования и разработки на доконкурентной стадии, допустимый уровень помощи, не дающий основания для принятия мер, не должен быть выше среднего арифметического значения допустимых уровней для этих двух категорий, рассчитанного с учетом всех расходов, указанных в пункте 78 настоящего Протокола.

      81. Положения настоящего Протокола не применяются к фундаментальным научным исследованиям, проводимым высшими учебными заведениями или научными учреждениями независимо. Под фундаментальными исследованиями понимается расширение общих научных и технических знаний, не связанных с промышленными или коммерческими целями.

      82. Помощь неблагополучным регионам на территории государства-члена, которая предоставляется в общих рамках регионального развития, является неспецифической (с учетом положений раздела II настоящего Протокола) и распределяется между соответствующими регионами при условии, что:

      1) каждый неблагополучный регион должен представлять собой четко обозначенную компактную административную и экономическую зону;

      2) такой регион рассматривается как неблагополучный на основе нейтральных и объективных критериев, показывающих, что трудности региона возникают в силу не только временных обстоятельств (такие критерии должны быть четко определены в законах, правилах или других официальных документах с тем, чтобы их можно было проверить);

      3) критерии, указанные в подпункте 2 настоящего пункта, включают в себя измерение экономического развития, которое основано как минимум на одном из следующих показателей, измеренных за 3-летний период (такое измерение может быть комплексным и может учитывать другие показатели):

      доход на душу населения или на домашнее хозяйство либо размер валового внутреннего продукта на душу населения, который не должен превышать 85 процентов среднего показателя для соответствующей территории;

      уровень безработицы, который должен составлять по крайней мере 110 процентов от среднего показателя для данной территории.

      83. Общие рамки регионального развития означают, что региональные программы субсидирования являются частью внутренне последовательной и универсально применяемой политики регионального развития и что субсидии на региональное развитие не предоставляются отдельным географическим пунктам, не оказывающим или практически не оказывающим влияния на развитие региона.

      Нейтральные и объективные критерии означают критерии, которые не предоставляют определенным регионам льготы сверх того, что необходимо для устранения или сокращения различий между регионами в рамках политики регионального развития. В этом отношении региональные программы субсидирования включают максимальные суммы помощи, которые могут быть предоставлены по каждому субсидируемому проекту. Такие максимальные суммы дифференцируются в зависимости от уровня развития регионов, которым оказывается помощь, и выражаются в виде расходов на инвестиции или на создание рабочих мест. В пределах этих сумм помощь распределяется достаточно широко, чтобы избежать преимущественного использования субсидий или предоставления непропорционально больших сумм определенным предприятиям в соответствии с разделом II настоящего Протокола.

      84. Не является основанием для принятия компенсирующих мер содействие в адаптации существующих производственных мощностей (под которыми понимаются производственные мощности, находящиеся в эксплуатации по крайней мере 2 года до введения новых требований по охране окружающей среды) к новым требованиям в отношении охраны окружающей среды, налагаемым законодательством и (или) нормативными актами, которые влекут за собой дополнительные ограничения и усиление финансового бремени для хозяйствующих субъектов, при условии, что такое содействие:

      1) является единовременной, неповторяющейся мерой;

      2) составляет не более 20 процентов расходов по адаптации;

      3) не покрывает расходов на замену и эксплуатацию субсидируемого оборудования, которые возлагаются на предприятия;

      4) непосредственно связано и пропорционально планируемому хозяйствующим субъектом сокращению загрязнения и не покрывает экономии на производственных расходах, которая может быть достигнута;

      5) доступно для всех хозяйствующих субъектов, которые могут перейти на новое оборудование и (или) производственные процессы.

VIII. Введение и применение компенсирующих мер
и ответных мер

      85. Компетентный орган одного государства-члена вправе проводить расследование о соответствии субсидий, предоставляемых на территориях других государств-членов, положениям настоящего Протокола или расследование на предмет применения другими государствами-членами мер, указанных в пункте 11 настоящего Протокола, в порядке, установленном разделом V настоящего Протокола. Компетентный орган, инициировавший расследование, информирует государства-члены о начале расследования. Компетентные органы вправе запрашивать необходимую информацию о ходе проведения расследования.

      86. В случае если компетентный орган одного государства-члена в результате проведенного расследования устанавливает, что субсидирующий орган другого государства-члена предоставляет специфическую субсидию и эта специфическая субсидия наносит ущерб отрасли национальной экономики государства-члена, компетентный орган которого проводит расследование, то такой компетентный орган может передать субсидирующему государству-члену заявление о применении компенсирующей меры. Указанное заявление должно содержать доказательства несоответствия субсидии положениям настоящего Протокола.

      87. В случае если по итогам разбирательства, проведенного в соответствии с пунктом 6 настоящего Протокола, Комиссией подтверждается наличие ущерба отрасли национальной экономики одного из государств-членов, то компетентный орган такого государства-члена может передать субсидирующему государству-члену заявление о применении компенсирующей меры. Указанное заявление должно содержать доказательства недопустимости субсидии в соответствии с подпунктом 3 пункта 6 статьи 93 Договора.

      Государства-члены не применяют компенсирующие меры к субсидиям, согласованным Комиссией в соответствии с пунктом 6 настоящего Протокола.

      Применение положений настоящего пункта осуществляется

      с учетом переходных положений, предусмотренных пунктом 1 статьи 105 настоящего Договора.

      88. Заявление о применении компенсирующей меры может быть удовлетворено добровольно государством-членом, получившим такое заявление, в срок, не превышающий 2 месяцев, либо по результатам разрешения споров.

      89. Государство-член, получившее заявление о применении компенсирующей меры, правомерность которой была признана добровольно таким государством-членом или по результатам разрешения споров в соответствии со статьей 93 Договора, вводит компенсирующую меру в соответствии с заявлением в течение 30 календарных дней.

      90. Компенсирующая мера, вводимая в соответствии с пунктом 89 настоящего Протокола, складывается из суммы указанных в заявлении о применении компенсирующей меры предоставленной субсидии и процентов, начисленных на сумму субсидии за весь период пользования этими денежными средствами (имуществом).

      Сумма субсидии рассчитывается в соответствии с настоящим Протоколом.

      Процентная ставка равна полуторному размеру ставки рефинансирования, действующей на дату предоставления субсидии и установленной национальным (центральным) банком субсидирующего государства-члена. При этом процентная ставка рассчитывается путем применения сложного процента в отношении всего периода с даты предоставления субсидии до даты исполнения компенсирующей меры.

      Сложный процент означает процент, начисляемый каждый год на сумму с процентами, начисленными в предыдущем году.

      91. Компенсирующая мера является исполненной после того, как сумма субсидии с учетом соответствующих процентов была изъята у получателя субсидии и перечислена в бюджет субсидирующего государства-члена.

      92. Компенсирующая мера не является исполненной, если она взимается из источников, отличных от указанных в пункте 91 настоящего Протокола.

      По взаимному согласию государства-истца и государства-ответчика исключительно во избежание обхода уплаты получателем субсидии средств, составляющих компенсирующую меру, источники взимания компенсирующей меры могут меняться.

      93. Исполнение компенсирующей меры является достаточным основанием для того, чтобы удовлетворенное заявление о применении компенсирующей меры являлось исполненным. При этом государство-член исполняет такое заявление в срок, не превышающий 1 календарного года с даты удовлетворения такого заявления.

      94. В случае если государство-член не исполняет удовлетворенное заявление о применении компенсирующей меры в установленный срок, заявившее государство-член вправе применить ответные меры, которые должны быть приблизительно соразмерны компенсирующей мере.

      Для целей настоящего Протокола под ответными мерами понимается временное приостановление выполнения государством-членом, которое вводит ответную меру, своих обязательств в отношении государства-члена, против которого вводится ответная мера, вытекающих из действующих между ними договоров торгово-экономического характера (за исключением относящихся к нефтяной и газовой отраслям).

      Ответные меры носят временный характер и применяются государством-истцом только до тех пор, пока мера, нарушающая положения Договора, не будет отменена или изменена таким образом, чтобы соответствовать положениям Договора, или пока государства-члены не договорятся об ином.

IX. Уведомления

      95. Государства-члены (уполномоченные органы государств-членов) ежегодно, не позднее 1 декабря, уведомляют друг друга и Комиссию обо всех субсидиях, планируемых к предоставлению в очередном году на федеральном (республиканском) и региональном (муниципальном, местном) уровнях.

      Государства-члены не относят к конфиденциальной информацию о предоставляемых субсидиях, за исключением случаев, предусмотренных пунктом 76 настоящего Протокола.

      96. Источниками информации для уведомлений в соответствии с пунктом 95 настоящего Протокола являются расходные части проектов федерального/республиканского бюджета, а также бюджетов административно-территориальных единиц.

      97. Утратил силу Законом РК от 19.04.2024 № 75-VIII.

      98. Государства-члены (уполномоченные органы государств-членов) ежегодно, не позднее 1 июля года, следующего за отчетным, представляют друг другу и в Комиссию составленные по установленной форме уведомления о предоставленных на федеральном (республиканском) и региональном (муниципальном, местном) уровнях субсидиях за отчетный год. Указанное уведомление должно содержать достаточно информации для того, чтобы уполномоченный орган другого государства-члена и Комиссия смогли оценить сумму предоставляемых субсидий и их соответствие положениям настоящего Протокола.

      99. Формы уведомлений о субсидиях государств-членов (уполномоченных органов государств-членов), предусмотренных настоящим разделом, а также порядок их заполнения утверждаются Комиссией по согласованию с государствами-членами.

      100. В уведомлениях о субсидиях указывается следующая информация:

      1) наименовние программы субсидирования (при ее наличии), краткое описание или обозначение субсидии (например, "Развитие малого предпринимательства");

      2) отчетный период, за который представляется уведомление;

      3) основное назначение и (или) цель субсидии (данные о цели предоставления субсидии, как правило, содержатся в нормативном правовом акте, в соответствии с которым предоставляется субсидия);

      4) основание для предоставления субсидии (наименование нормативного правового акта, в соответствии с которым предоставляется субсидия, а также краткое описание данного акта);

      5) форма субсидии (грант, заем, налоговая льгота и т. д.);

      6) субъект (производитель, экспортер или иное лицо) и способ предоставления субсидии (с помощью каких средств предоставляется субсидия, с установленной или переменной суммой на единицу товара (при втором варианте указывается механизм определения суммы)), а также механизм и условия предоставления субсидии;

      7) размер субсидии (годовая или общая сумма, ассигнованная на субсидию, по возможности - субсидия на единицу продукции);

      8) срок действия субсидии и (или) любое другое временное ограничение, применимое к субсидии (включая дату открытия (завершения) субсидии);

      9) данные об эффекте на торговлю (статистические данные, позволяющие произвести оценку торговых эффектов субсидии).

      101. Необходимо, чтобы по возможности информация, указанная в пункте 100 настоящего Протокола, содержала статистические данные о производстве, потреблении, импорте и экспорте субсидируемых товаров или секторов:

      1) за 3 последних года, по которым имеются статистические данные;

      2) за год, предшествующий введению субсидии или последнему важному изменению субсидии.

  Приложение
к Протоколу о единых правилах
предоставления промышленных субсидий
 

Перечень
мер, в отношении которых не применяются положения
Протокола о единых правилах предоставления
промышленных субсидий

      Сноска. Приложение с изменениями, внесенными законами РК от 24.12.2014 № 265-V; от 02.08.2015 № 346-V.

Описание меры



Переходный период

в отношении меры



I. Республика Беларусь



Меры в отношении инвестиционных соглашений, заключенных в соответствии с Указом Президента Республики Беларусь от 4 апреля 2009 г. № 175 "О мерах по развитию производства легковых автомобилей" и решением Комиссии Таможенного союза от 27 ноября 2009 г. № 130 "О едином таможенно-тарифном регулировании таможенного союза Республики Беларусь, Республики Казахстан и Российской Федерации"*



до 31 декабря 2020 г., если иное не будет предусмотрено протоколом о присоединении Республики Беларусь к Всемирной торговой организации



II. Республика Казахстан



1. Субсидирование процентной ставки по кредитам банков экспортно ориентированных производств в соответствии с постановлением Правительства Республики Казахстан от 13 апреля 2010 г. № 301 "Об утверждении Программы "Дорожная карта бизнеса 2020"



до 1 июля 2016 г. по кредитам, выданным кредитными организациями до 1 июля 2011 г.



2. Освобождение товаров, признанных казахстанскими согласно критериям достаточной переработки, от таможенных пошлин и налогов при вывозе с территории свободного склада на остальную часть таможенной территории Таможенного союза в соответствии с Кодексом Республики Казахстан от 10 декабря 2008 г. № 99-I "О налогах и других обязательных платежах в бюджет" (Налоговым кодексом), постановлением Правительства Республики Казахстан от 22 октября 2009 г. № 1647 "Об утверждении Правил по определению страны происхождения товара, составлению и выдаче акта экспертизы о происхождении товара и оформлению, удостоверению и выдаче сертификата о происхождении товара" и Соглашением о свободных складах и таможенной процедуре свободного склада от 18 июня 2010 года.



до 1 января 2017 г.



3. Освобождение товаров, признанных казахстанскими согласно критериям достаточной переработки, от таможенных пошлин и налогов при вывозе с территории специальных экономических зон на остальную часть таможенной территории Таможенного союза в соответствии с Соглашением по вопросам свободных (специальных, особых) экономических зон на таможенной территории таможенного союза и таможенной процедуры свободной таможенной зоны от 18 июня 2010 года, Законом Республики Казахстан от 21 июля 2011 г. № 469-IV "О специальных экономических зонах в Республике Казахстан" и постановлением Правительства Республики Казахстан от 22 октября 2009 г. № 1647 "Об утверждении Правил по определению страны происхождения товара, составлению и выдаче акта экспертизы о происхождении товара и оформлению, удостоверению и выдаче сертификата о происхождении товара"



до 1 января 2017 г.



4. Меры, в отношении инвестиционных соглашений, заключенных в соответствии с приказом Министерства индустрии и новых технологий Республики Казахстан от 11 июня 2010 г. № 113 "О некоторых вопросах заключения, условиях и типовой форме Соглашения о промышленной сборке моторных транспортных средств с юридическими лицами – резидентами Республики Казахстан" и Решением Комиссии Таможенного союза от 27 ноября 2009 г. № 130 "О едином таможенно-тарифном регулировании таможенного союза Республики Беларусь, Республики Казахстан и Российской Федерации"*



до 31 декабря 2020 г., если иное не будет предусмотрено протоколом о присоединении Республики Казахстан к Всемирной торговой организации



5. Местное содержание в контрактах на недропользование между Правительством Республики Казахстан и недропользователем, заключенных до 1 января 2015 г., в соответствии с Законом Республики Казахстан от 24 июня 2010 г. № 291-IV "О недрах и недропользовании"



до 1 января 2023 г., если иное не будет предусмотрено протоколом о присоединении Республики Казахстан к Всемирной торговой организации



6. Местное содержание в закупках Фонда национального благосостояния (ФНБ) "Самрук-Казына" и организаций, 50 % и более голосующих акций (долей участия) которых прямо или косвенно владеет ФНБ "Самрук-Казына", а также в компаниях, которые прямо или косвенно принадлежат государству (доля государства в которых составляет 50 % и более) в соответствии с Законом Республики Казахстан от 1 февраля 2012 г. № 550-IV "О фонде национального благосостояния" и Постановлением Правительства Республики Казахстан от 28 мая 2009 г. № 787 "Об утверждении Типовых правил закупок товаров, работ и услуг, осуществляемых национальным управляющим холдингом, национальными холдингами, национальными компаниями и организациями, пятьдесят и более процентов акций (долей участия) которых прямо или косвенно принадлежат национальному управляющему холдингу, национальному холдингу, национальной компании"



до 1 января 2016 г., если иное не будет предусмотрено протоколом о присоединении Республики Казахстан к Всемирной торговой организации



III. Российская Федерация



1. Меры в отношении заключенных до 28 февраля 2011 г. инвестиционных соглашений, которые включают положения Указа Президента Российской Федерации от 5 февраля 1998 г. № 135 "О дополнительных мерах по привлечению инвестиций для развития отечественной автомобильной промышленности", постановления Правительства Российской Федерации от 29 марта 2005 г. № 166 "О внесении изменений в Таможенный тариф Российской Федерации в отношении автокомпонентов, ввозимых для промышленной сборки" и Решения Комиссии Таможенного союза от 27 ноября 2009 г. № 130 "О едином таможенно-тарифном регулировании таможенного союза Республики Беларусь, Республики Казахстан и Российской Федерации"*



переходный период соответствует сроку действия соглашений, установленному при их подписании, и может быть продлен на срок, предусмотренный Протоколом

от 16 декабря 2011 года о присоединении Российской Федерации к Марракешскому соглашению об учреждении Всемирной торговой организации от 15 апреля 1994 г., но не может превышать 2 календарных лет



2. Меры, применяемые в соответствии с Федеральным законом от 10 января 2006 г. № 16-ФЗ "Об Особой экономической зоне в Калининградской области и о внесении изменений в некоторые законодательные акты Российской Федерации"



до 1 апреля 2016 г.



IV. Республика Армения



Освобождение товаров, признанных армянскими согласно критериям достаточной переработки, от таможенных пошлин и налогов при вывозе с территорий свободных экономических зон и свободных складов на остальную часть таможенной территории Таможенного союза в соответствии с Законом Республики Армения "О свободных экономических зонах" от 18 июня 2011 г., постановлением Правительства Республики Армения от 30 декабря 2010 г. № 1772-Н "Об утверждении порядка предоставления сертификатов страны происхождения и проведения экспертизы", Соглашением по вопросам свободных (специальных, особых) экономических зон на таможенной территории таможенного союза и таможенной процедуры свободной таможенной зоны от 18 июня 2010 года, Соглашением о свободных складах и таможенной процедуре свободного склада от 18 июня 2010 года.



до 1 января 2017 г.



     

V. Кыргызская Республика



1. Освобождение товаров, признанных кыргызскими согласно критериям достаточной переработки, от таможенных пошлин и налогов при вывозе с территорий свободных экономических зон "Бишкек", "Нарын" и "Каракол" на остальную часть таможенной территории Евразийского экономического союза в соответствии с Законом Кыргызской Республики "О свободных экономических зонах" от 11 января 2014 г. № 6, постановлением Правительства Кыргызской Республики от 3 ноября 1998 г. № 715 "О Порядке определения страны происхождения товаров, изготовленных в свободных экономических зонах Кыргызской Республики" и Соглашением по вопросам свободных (специальных, особых) экономических зон на таможенной территории таможенного союза и таможенной процедуры свободной таможенной зоны от 18 июня 2010 года**.



до 1 января 2017 г.



2. Освобождение товаров, признанных кыргызскими согласно критериям достаточной переработки, от таможенных пошлин и налогов при вывозе с территорий свободных складов на остальную часть таможенной территории Евразийского экономического союза в соответствии с Законом Кыргызской Республики "О таможенном регулировании" от 31 декабря 2014 г. № 184, Соглашением о свободных складах и таможенной процедуре свободного склада от 18 июня 2010 года**.

Данные изъятия действуют в отношении следующих владельцев свободных складов, включенных в реестр владельцев свободных складов Кыргызской Республики:

ОсОО "Алтын-Ажыдаар";

ОАО "Илбирс";

ОсОО "Авиньен";

ОсОО "Шелковый путь";

ОсОО "Ренесанс"



до 1 января 2017 г.";



     

      ________________________

      *Применяются с учетом утверждаемых Высшим советом условий применения понятия "промышленная сборка моторных транспортных средств" на территориях государств-членов.

      **В отношении указанных мер не применяются положения Протокола о единых правилах предоставления промышленных субсидий (приложение № 28 к Договору о Евразийском экономическом союзе от 29 мая 2014 года) при условии внесения Кыргызской Республикой в свое законодательство изменения, устанавливающего в качестве критериев достаточной переработки, в соответствии с которыми производится определение статуса товара, изготовленного (полученного) с использованием иностранных товаров, помещенных под таможенную процедуру свободной таможенной зоны или таможенную процедуру свободного склада товаров:

      1) в отношении текстильных материалов и текстильных изделий, классифицируемых в товарных группах 51 – 63 ТН ВЭД ЕАЭС, обуви и ее частей, классифицируемых в товарной группе 64 ТН ВЭД ЕАЭС, – критериев определения страны происхождения товаров, установленных Соглашением о Правилах определения страны происхождения товаров в Содружестве Независимых Государств от 20 ноября 2009 года;

      2) в отношении оборудования и механических устройств и их частей, классифицируемых в товарных позициях 8415, 8418, 8421 и 8422, электрических машин и оборудования и их частей, звукозаписывающей и звуковоспроизводящей аппаратуры и ее частей, аппаратуры для записи и воспроизведения телевизионного изображения и ее частей, классифицируемых в товарных позициях 8508, 8509, 8510, 8512, 8513, 8516 и 8528 ТН ВЭД ЕАЭС, – критериев определения страны происхождения товаров, установленных Соглашением о Правилах определения страны происхождения товаров в Содружестве Независимых Государств от 20 ноября 2009 года, либо иных критериев достаточной переработки, установленных законодательством Кыргызской Республики, в результате выполнения которых процентная доля добавленной стоимости не может составлять менее 40 %;

      3) в отношении товаров, классифицируемых в товарных позициях 3901 – 3921 ТН ВЭД ЕАЭС, – критериев определения страны происхождения товаров, установленных Соглашением о Правилах определения страны происхождения товаров в Содружестве Независимых Государств от 20 ноября 2009 года, либо иных критериев достаточной переработки, установленных законодательством Кыргызской Республики, в результате выполнения которых процентная доля добавленной стоимости не может составлять менее 50 %;

      4) в отношении древесины и изделий из нее, классифицируемых в товарной группе 44, мебели из древесины и ее частей, классифицируемых в товарных позициях 9401 и 9403 ТН ВЭД ЕАЭС, – критериев определения страны происхождения товаров, установленных Соглашением о Правилах определения страны происхождения товаров в Содружестве Независимых Государств от 20 ноября 2009 года.

  ПРИЛОЖЕНИЕ № 29
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о мерах государственной поддержки сельского хозяйства

      1. Настоящий Протокол разработан в соответствии со статьями 94 и 95 Договора о Евразийском экономическом союзе и применяется в отношении товаров, указанных в разделе II настоящего Протокола (далее — сельскохозяйственные товары).

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "административно-территориальные единицы" – административно-территориальные единицы Республики Армения, Республики Беларусь (включая город Минск), Республики Казахстан (включая города Нур-Султан, Алматы и Шымкент) и Кыргызской Республики (включая города Бишкек и Ош), субъекты и муниципальные образования Российской Федерации;

      "государственная поддержка сельского хозяйства" - финансовое содействие, оказываемое правительством или иным государственным органом либо органом местного самоуправления государства-члена в интересах производителей сельскохозяйственных товаров напрямую либо через уполномоченного ими агента;

      "субсидирующий орган" - один или несколько государственных органов либо органов местного самоуправления государства-члена, осуществляющих принятие решений в части предоставления государственной поддержки сельского хозяйства. Субсидирующий орган в соответствии с законодательством государства-члена может поручить или предписать уполномоченному агенту (любой организации) выполнить одну или несколько возложенных на него функций, относящихся к предоставлению мер государственной поддержки сельского хозяйства. Такие действия уполномоченного агента (любой организации) рассматриваются в качестве действий субсидирующего органа.

      Действия главы государства-члена, направленные на предоставление мер государственной поддержки сельского хозяйства, рассматриваются в качестве действий субсидирующего органа.

      Сноска. Пункт 2 с изменениями, внесенными законами РК от 24.12.2014 № 265-V; от 02.08.2015 № 346-V; от 15.02.2021 № 6-VII.

I. Меры государственной поддержки сельского хозяйства

      3. Меры государственной поддержки сельского хозяйства подразделяются на:

      1) меры, не оказывающие искажающего воздействия на взаимную торговлю государств-членов сельскохозяйственными товарами (далее — меры, не оказывающие искажающего воздействия на торговлю);

      2) меры, в наибольшей степени оказывающие искажающее воздействие на взаимную торговлю государств-членов сельскохозяйственными товарами (далее - меры, в наибольшей степени оказывающие искажающее воздействие на торговлю);

      3) меры, оказывающие искажающее воздействие на взаимную торговлю государств-членов сельскохозяйственными товарами (далее - меры, оказывающие искажающее воздействие на торговлю).

      4. К мерам, не оказывающим искажающего воздействия на торговлю, относятся меры, указанные в разделе III настоящего Протокола. Меры, не оказывающие искажающего воздействия на торговлю, могут применяться государствами-членами без ограничений.

      5. К мерам, в наибольшей степени оказывающим искажающее воздействие на торговлю, относятся:

      меры государственной поддержки сельского хозяйства, предоставление которых увязано в качестве единственного или одного из нескольких условий с результатами вывоза сельскохозяйственного товара с территории государства-члена, предоставляющего эту меру государственной поддержки, на территорию любого другого государства-члена, осуществленного или возможного в будущем;

      меры государственной поддержки сельского хозяйства, предоставление которых увязано в качестве единственного или одного из нескольких условий с приобретением или использованием сельскохозяйственных товаров, происходящих исключительно с территории государства-члена, предоставляющего эту меру государственной поддержки, при производстве сельскохозяйственных товаров на территории этого государства-члена независимо от того, определяются ли конкретные товары, их объем, стоимость, доля от объема или стоимости производства или использования отечественных товаров, уровень локализации производства используемых отечественных товаров.

      Перечень мер, в наибольшей степени оказывающих искажающее воздействие на торговлю, указан в разделе IV настоящего Протокола.

      6. Государства-члены не применяют меры, в наибольшей степени оказывающие искажающее воздействие на торговлю.

      7. К мерам, оказывающим искажающее воздействие на торговлю, относятся меры, которые не могут быть отнесены к мерам, указанным в пунктах 4 и 5 настоящего Протокола.

      8. Уровень мер, оказывающих искажающее воздействие на торговлю, рассчитываемый как процентное отношение объема государственной поддержки сельского хозяйства к валовой стоимости произведенных сельскохозяйственных товаров в целом, определяемый как разрешенный объем, не должен превышать 10 процентов до вступления в силу обязательств в соответствии с абзацем третьим настоящего пункта.

      Методология расчета разрешенного уровня мер, оказывающих искажающее воздействие на торговлю, разрабатывается государствами-членами с учетом международного опыта и утверждается Советом Комиссии.

      Обязательства государств-членов по мерам, оказывающим искажающее воздействие на торговлю, устанавливаются в соответствии с указанной методологией и утверждаются Высшим советом.

      Применение положений настоящего пункта осуществляется с учетом переходных положений, предусмотренных статьей 106 Договора о Евразийском экономическом союзе.

      9. После вступления государства-члена во Всемирную торговую организацию обязательства данного государства-члена в отношении мер, оказывающих искажающее воздействие на торговлю, принятые в качестве условия присоединения к ВТО, становятся его обязательствами в рамках Союза.

      10. Расчет объемов государственной поддержки сельского хозяйства осуществляется в соответствии с разделом V настоящего Протокола с учетом методологии расчета разрешенного уровня мер, оказывающих искажающее воздействие на торговлю, предусмотренной пунктом 8 настоящего Протокола.

II. Товары, в отношении которых применяются единые правила
государственной поддержки сельского хозяйства

      11. Единые правила государственной поддержки сельского хозяйства применяются в отношении следующих товаров ТН ВЭД ЕАЭС:

      1) группы 01-24 ТН ВЭД ЕАЭС, за исключением группы 03 (рыба и ракообразные, моллюски и прочие водные беспозвоночные), товарных позиций 1604 (готовая или консервированная рыба; икра осетровых и ее заменители, изготовленные из икринок рыбы) и 1605 (готовые или консервированные ракообразные, моллюски и прочие водные беспозвоночные);

      2) субпозиция ТН ВЭД ЕАЭС 2905 43 000 0 (маннит);

      3) субпозиция ТН ВЭД ЕАЭС 2905 44 (D-глюцит (сорбит));

      4) товарная позиция ТН ВЭД ЕАЭС 3301 (масла эфирные (содержащие или не содержащие терпены), включая конкреты и абсолюты; резиноиды; экстрагированные эфирные масла; концентраты эфирных масел в жирах, нелетучих маслах, восках или аналогичных продуктах, получаемые методом анфлеража или мацерацией; терпеновые побочные продукты детерпенизации эфирных масел; водные дистилляты и водные растворы эфирных масел);

      5) товарные позиции ТН ВЭД ЕАЭС 3501 - 3505 (казеин, казеинаты и прочие производные казеина; клеи казеиновые; альбумины (включая концентраты двух или более сывороточных белков, содержащих более 80 мас.% сывороточных белков в пересчете на сухое вещество), альбуминаты и прочие производные альбумина; желатин (в том числе в прямоугольных (включая квадратные) листах, с поверхностной обработкой или без обработки, окрашенный или неокрашенный) и производные желатина; клей рыбий; клеи прочие животного происхождения (кроме казеиновых товарной позиции 3501); пептоны и их производные; белковые вещества прочие и их производные, в другом месте не поименованные или не включенные; порошок из кожи, или голья, хромированный или нехромированный; декстрины и прочие модифицированные крахмалы (например, крахмалы, предварительно желатинизированные или превращенные в сложный эфир); клеи на основе крахмалов, или декстринов, или прочих модифицированных крахмалов), кроме подсубпозиций 3503 00 800 1 (клей рыбий сухой) и 3503 00 800 2 (клей рыбий жидкий));

      6) субпозиция ТН ВЭД ЕАЭС 3809 10 (средства отделочные, средства для ускорения крашения или фиксации красителей и продукты прочие и готовые препараты (например, вещества для обработки и протравы), применяемые в текстильной, бумажной, кожевенной промышленности или аналогичных отраслях, в другом месте не поименованные или не включенные, на основе крахмалистых веществ);

      7) субпозиция ТН ВЭД ЕАЭС 3824 60 (сорбит, кроме сорбита субпозиции 2905 44);

      8) товарные позиции ТН ВЭД ЕАЭС 4101-4103 (необработанные шкуры крупного рогатого скота (включая буйволов) или животных семейства лошадиных (парные или соленые, сушеные, золеные, пикелеванные или консервированные другим способом, но не дубленые, не выделанные под пергамент или не подвергнутые дальнейшей обработке), с волосяным покровом или без волосяного покрова, двоеные или недвоеные; необработанные шкуры овец или шкурки ягнят (парные или соленые, сушеные, золеные, пикелеванные или консервированные другим способом, но не дубленые, не выделанные под пергамент или не подвергнутые дальнейшей обработке), с шерстным покровом или без шерстного покрова, двоеные или недвоеные, кроме исключенных примечанием 1в к данной группе; прочие необработанные шкуры (парные или соленые, сушеные, золеные, пикелеванные или консервированные другим способом, но не дубленые, не выделанные под пергамент или не подвергнутые дальнейшей обработке), с волосяным покровом или без волосяного покрова, двоеные или недвоеные, кроме исключенных примечанием 1б или 1в к данной группе);

      9) товарная позиция ТН ВЭД ЕАЭС 4301 (сырье пушно-меховое (включая головы, хвосты, лапы и прочие части или обрезки, пригодные для изготовления меховых изделий), кроме необработанных шкур товарной позиции ТН ВЭД ЕАЭС 4101, 4102 или 4103);

      10) товарные позиции ТН ВЭД ЕАЭС 5001 00 000 0 - 5003 00 000 0 (коконы шелкопряда, пригодные для разматывания; шелк-сырец (некрученый); отходы шелковые (включая коконы, непригодные для разматывания, отходы коконной нити и расщипанное сырье));

      11) товарные позиции ТН ВЭД ЕАЭС 5101 - 5103 (шерсть, не подвергнутая кардо- или гребнечесанию; волос животных, тонкий или грубый, не подвергнутый кардо- или гребнечесанию; отходы шерсти или тонкого или грубого волоса животных, включая прядильные отходы, но исключая расщипанное сырье);

      12) товарные позиции ТН ВЭД ЕАЭС 5201 00 - 5203 00 000 0 (волокно хлопковое, не подвергнутое кардо- или гребнечесанию; отходы хлопкового волокна (включая прядильные отходы и расщипанное сырье); волокно хлопковое, подвергнутое кардо- или гребнечесанию);

      13) товарная позиция ТН ВЭД ЕАЭС 5301 (лен-сырец или лен обработанный, но не подвергнутый прядению; очесы и отходы льна (включая прядильные отходы и расщипанное сырье));

      14) товарная позиция ТН ВЭД ЕАЭС 5302 (пенька (cannabis sativa L.), сырец или обработанная, но не подвергнутая прядению; очесы и отходы пеньки (включая прядильные отходы и расщипанное сырье)).

III. Меры, не оказывающие
искажающего воздействия на торговлю

      12. Меры, не оказывающие искажающего воздействия на торговлю, реализуемые в интересах производителей сельскохозяйственных товаров (далее - производители), должны соответствовать следующим основным критериям:

      1) поддержка предоставляется за счет средств бюджета (невостребованных доходов), в том числе в рамках государственных программ, а не за счет средств потребителей. Под невостребованными доходами понимаются суммы причитающихся обязательных платежей, от которых государство-член отказалось окончательно или на время;

      2) следствием поддержки не должно являться поддержание цен производителей.

      13. В дополнение к критериям, указанным в пункте 12 настоящего Протокола, меры, не оказывающие искажающего воздействия на торговлю, должны удовлетворять специфичным критериям и условиям, предусмотренным пунктами 14-26 настоящего Протокола.

      14. Государственные программы предоставления услуг общего характера предусматривают выделение средств бюджета (использование невостребованных доходов) для оказания услуг или предоставления льгот сельскому хозяйству или сельскому населению, за исключением прямых выплат тем, кто производит или перерабатывает сельскохозяйственные товары.

      15. Государственные программы предоставления услуг общего характера могут осуществляться по следующим направлениям:

      1) научные исследования, в том числе общего характера, исследования в связи с программами охраны окружающей среды и исследовательские программы по конкретным продуктам;

      2) борьба с вредителями и с болезнями, включая общие меры борьбы с вредителями и с болезнями, а также меры, относящиеся к конкретному товару, например, системы раннего предупреждения, карантин и уничтожение;

      3) общая и специальная подготовка кадров;

      4) распространение информации, консультативные услуги, включая предоставление средств для облегчения передачи информации и результатов исследований производителям и потребителям;

      5) инспекционные услуги, включая общие инспекционные услуги и проверку отдельных сельскохозяйственных товаров для целей здравоохранения, безопасности, стандартизации и сортировки по качеству;

      6) услуги по маркетингу и продвижению сельскохозяйственных товаров, включая маркетинговую информацию, консультации и продвижение конкретных сельскохозяйственных товаров (исключая расходы на неконкретные цели, которые могут быть использованы продавцами для снижения цен реализации сельскохозяйственных товаров или предоставления прямых экономических льгот покупателям);

      7) услуги по инфраструктуре, включая электроснабжение, дороги и другие пути сообщения, рыночное и портовое оборудование, водоснабжение, плотины и дренажные системы, работы по созданию инфраструктуры в сочетании с программами по охране окружающей среды. Во всех случаях средства направляются только на оборудование или строительство капитальных сооружений и общедоступных объектов инфраструктуры общего пользования, за исключением средств, направляемых на покрытие эксплуатационных затрат или недополученной прибыли от обслуживания потребителей, имеющих льготы.

      16. Создание государственных резервов для обеспечения продовольственной безопасности осуществляется за счет финансовых средств (невостребованных доходов), предоставляемых для целей накопления и хранения запасов продовольствия и выделяемых в рамках предусмотренной законодательством государства-члена программы по обеспечению продовольственной безопасности, и должно соответствовать следующим требованиям:

      1) объем и накопление государственных резервов для обеспечения продовольственной безопасности должны соответствовать заранее определенным целям, относящимся исключительно к продовольственной безопасности;

      2) процесс формирования и распределения резервов должен быть финансово транспарентным;

      3) закупки продовольствия осуществляются по текущим рыночным ценам, продажи из продовольственных резервов - по ценам не ниже, чем текущие внутренние рыночные цены на конкретный продукт соответствующего качества.

      17. Оказание внутренней продовольственной помощи нуждающейся части населения осуществляется за счет бюджетных средств (невостребованных доходов).

      Оказание внутренней продовольственной помощи должно соответствовать следующим требованиям:

      право на получение внутренней продовольственной помощи устанавливается законодательством государства-члена;

      внутренняя продовольственная помощь предоставляется в форме прямых поставок продовольствия заинтересованным лицам или предоставления средств для приобретения этими лицами продовольствия по рыночным или субсидируемым ценам;

      закупки продовольствия в рамках оказания внутренней продовольственной помощи осуществляются по текущим рыночным ценам, а финансирование и распределение являются транспарентными.

      18. Меры государственной поддержки, осуществляемые в виде прямых выплат производителям (использования невостребованных доходов и платежей в натуральном выражении), должны соответствовать критериям, указанным в пункте 12 настоящего Протокола, а также иным критериям, применяемым к индивидуальным видам прямых выплат, указанных в пунктах 19-26 настоящего Протокола. Прямые выплаты, за исключением указанных в пунктах 19-26 настоящего Протокола, должны соответствовать требованиям, указанным в подпунктах 2 и 3 пункта 19 настоящего Протокола, в дополнение к общим критериям, указанным в пункте 12 настоящего Протокола.

      19. "Несвязанная" поддержка доходов производителей должна соответствовать следующим требованиям:

      1) право на выплаты устанавливается законодательством государства-члена в зависимости от уровня дохода, статуса производителя, использования факторов производства или уровня производства в определенном и фиксированном базовом периоде;

      2) сумма выплат не зависит от вида или объема продукции (включая поголовье скота), внутренних или мировых цен на произведенную продукцию и факторов производства;

      3) для получения выплат не требуется осуществлять производство продукции.

      20. Финансовое участие уполномоченных органов государственной власти в программах страхования и обеспечения безопасности доходов должно соответствовать следующим требованиям:

      1) право на выплаты определяется потерями в доходах (причем учитываются только доходы, получаемые от сельского хозяйства), которые превышают 30 процентов от среднего валового дохода, или от эквивалента в форме чистого дохода (исключая любые выплаты, полученные по таким или аналогичным программам) за предыдущий 3-летний период, или от среднего показателя за 3 года, рассчитанного на основе предыдущего 5-летнего периода, из которого исключены самый высокий и самый низкий годичные показатели. Любой производитель, отвечающий этому условию, имеет право на получение выплат;

      2) сумма компенсаций не может превышать 70 процентов объема потерь производителя в доходе за тот год, в котором производитель получает право на получение помощи;

      3) сумма выплат не зависит от вида или объема продукции (включая поголовье скота), внутренних или мировых цен на произведенную продукцию и факторов производства;

      4) при получении производителем сельскохозяйственной продукции в течение 1 календарного года государственной поддержки в соответствии с настоящим пунктом и пунктом 21 настоящего Протокола общая сумма компенсаций не может превышать 100 процентов общих потерь производителя.

      21. Выплаты в порядке помощи при стихийных и иных бедствиях, осуществляемые напрямую или путем финансового участия уполномоченных органов государственной власти (уполномоченных ими организаций) в программах страхования урожая сельскохозяйственных культур и животных, должны соответствовать следующим требованиям:

      1) право на выплаты возникает после официального признания уполномоченными органами государственной власти, что стихийное или иное бедствие (в том числе вспышки заболеваний, заражение вредителями, нашествие саранчи, природные пожары, засухи, наводнения и другие опасные гидрометеорологические явления, события техногенного характера, ядерные аварии и военные действия на территории государства-члена и т. п.) произошло или имеет место;

      2) сумма выплат определяется исходя из объема производственных потерь, превышающих 30 процентов от среднего уровня объема производства за предшествующий 3-летний период, или от среднего показателя объема производства за 3 года, рассчитанного на основе предшествующего 5-летнего периода, из которого исключены самый высокий и самый низкий годовые показатели;

      3) выплаты производятся в отношении обусловленных стихийным или иным бедствием потерь дохода, поголовья скота (включая платежи, связанные с ветеринарным обслуживанием животных), выбытия из оборота сельскохозяйственных земель и других факторов производства;

      4) сумма выплат не должна превышать общую стоимость потерь производителя, обусловленных стихийным или иным бедствием, независимо от вида или количества будущей продукции;

      5) сумма выплат не должна превышать уровень, необходимый для предупреждения или смягчения дальнейших потерь, определенных в подпункте 3 настоящего пункта;

      6) при получении производителем в течение 1 календарного года государственной поддержки в соответствии с настоящим пунктом и пунктом 20 настоящего Протокола общая сумма компенсаций не может превышать 100 процентов общих потерь производителя.

      22. Содействие структурным изменениям посредством программ, побуждающих производителей прекратить свою деятельность, предусматривает следующее:

      1) право на выплаты обусловливается четко определенными критериями в рамках программ, предназначенных для облегчения прекращения деятельности лиц, занятых производством товарной сельскохозяйственной продукции, или их перемещения в другие сектора экономики;

      2) выплаты зависят от прекращения производства товарной сельскохозяйственной продукции получателем помощи в полном объеме и на постоянной основе.

      23. Содействие структурным изменениям посредством программ по прекращению использования ресурсов предусматривает следующее:

      1) право на выплаты обусловливается четко определенными критериями в рамках программ, направленных на прекращение использования земли или других ресурсов, включая домашний скот, для целей производства сельскохозяйственных товаров;

      2) выплаты зависят от вывода земли из сферы производства товарной сельскохозяйственной продукции минимум на 3 года, а в случае с домашним скотом - от его убоя с последующим отказом от его разведения;

      3) для реализации выплат не требуется и не конкретизируется альтернативное использование земель и других ресурсов, выведенных из сферы производства товарной сельскохозяйственной продукции;

      4) выплаты не зависят от вида и объема продукции, внутренних или мировых цен на продукцию, произведенную с использованием земли или других ресурсов, остающихся для производства.

      24. Содействие структурным изменениям посредством стимулирования инвестиций предусматривает следующее:

      1) право на выплаты обусловливается критериями, четко определенными в рамках государственных программ, предназначенных для содействия финансовой или физической реструктуризации деятельности производителя вследствие объективно доказанных структурных потерь. Право на такие выплаты может также основываться на четко определенной правительственной программе по денационализации сельскохозяйственных угодий;

      2) сумма выплат не определяется на основе и не зависит от вида или объема произведенной продукции (включая поголовье скота), за исключением требования, предусмотренного в подпункте 5 настоящего пункта;

      3) сумма выплат не определяется на основе и не зависит от внутренних или мировых цен на конкретные товары;

      4) выплаты предоставляются только на период, необходимый для реализации инвестиций, для которых эти выплаты предназначены;

      5) при осуществлении выплат получателю поддержки не предписывается и никаким образом не указывается, какие сельскохозяйственные товары должны быть произведены им, за исключением требования не производить какой-либо конкретный продукт;

      6) выплаты ограничиваются суммой, требуемой для компенсации структурных потерь.

      25. Платежи по программам охраны окружающей среды осуществляются с учетом следующего:

      1) право на выплаты обусловливается участием производителя в государственной программе охраны или сохранения окружающей среды и зависит от выполнения конкретных условий, предусмотренных данной государственной программой, включая условия, относящиеся к методам производства или необходимым материалам;

      2) сумма выплат ограничивается размерами дополнительных расходов или потерь дохода, связанных с выполнением государственной программы.

      26. Выплаты по программам региональной помощи осуществляются с учетом следующего:

      1) право на выплаты предоставляется производителям, осуществляющим производство в неблагоприятных регионах. Неблагоприятный регион представляет собой административную и (или) экономическую территорию, определенную законодательством государства-члена;

      2) сумма выплат не определяется на основе и не зависит от вида или объема производства сельскохозяйственных товаров (включая поголовье скота), но связана с сокращением производства этих товаров;

      3) сумма выплат не определяется на основе и не зависит от внутренних или мировых цен на конкретные товары;

      4) выплаты предоставляются только производителям в регионах, имеющих право на помощь, и доступны для всех производителей в таких регионах;

      5) выплаты, связанные с факторами производства, осуществляются по регрессивной шкале сверх порогового уровня по данному фактору производства;

      6) сумма выплат ограничивается размерами дополнительных расходов или потерь дохода, связанных с производством сельскохозяйственных товаров на обозначенной территории.

IV. Меры, в наибольшей степени оказывающие искажающее
воздействие на торговлю

      27. Мерами, в наибольшей степени оказывающими искажающее воздействие на торговлю, признаются:

      1) осуществление прямых выплат (включая платежи в натуральном выражении) конкретным производителям, группе или объединению производителей сельскохозяйственных товаров в зависимости от результатов вывоза таких товаров;

      2) продажа или предложение на вывоз на территорию другого государства-члена некоммерческих запасов сельскохозяйственных товаров по ценам ниже цен на аналогичный товар, предлагаемый покупателям на внутреннем рынке государства-члена;

      3) осуществление выплат при вывозе на территорию другого государства-члена сельскохозяйственных товаров, которые финансируются при поддержке правительства, как за счет государственных средств, так и иных средств, включая выплаты, которые финансируются за счет выручки от сборов на сельскохозяйственный продукт или на сельскохозяйственный продукт, из которого произведен вывозимый на территорию другого государства-члена продукт;

      4) предоставление государственной поддержки для снижения затрат на маркетинг и продвижение сельскохозяйственных товаров для вывоза на территорию другого государства-члена (за исключением широко распространенных услуг по содействию развитию экспорта и консультационных услуг), включая расходы на погрузочно-разгрузочные работы, повышение качества продукции и прочие расходы по переработке, а также расходы, связанные с международными перевозками;

      5) установление внутренних тарифов для перевозки сельскохозяйственных товаров, предназначенных для вывоза на территорию другого государства-члена, на условиях более благоприятных, чем при перевозке сельскохозяйственных товаров, предназначенных для внутреннего потребления;

      6) предоставление государственной поддержки сельского хозяйства в зависимости от включения сельскохозяйственных товаров в продукцию, предназначенную для вывоза на территорию другого государства-члена.

V. Расчет объемов государственной поддержки
сельского хозяйства

      28. При расчете объемов государственной поддержки сельского хозяйства учитываются:

      1) прямой перевод денежных средств;

      2) предоставление гарантии исполнения обязательства (например, гарантии по ссудам и займам);

      3) приобретение государством товара, услуги, ценных бумаг, предприятия (имущественного комплекса) либо его части, доли в уставном фонде организации (включая приобретение акций), другого имущества, прав на объекты интеллектуальной собственности и т. д. по ценам, превышающим рыночные;

      4) полный или частичный отказ от взимания причитающихся платежей в бюджеты государства и административно-территориальных единиц (например, списание долга по платежам в бюджет и т. д.);

      5) льготное или безвозмездное предоставление товаров или услуг;

      6) ценовая поддержка, которая объединяет меры, направленные на поддержание уровня рыночных цен.

      29. При прямом переводе денежных средств объем государственной поддержки сельского хозяйства соответствует сумме полученных средств, предоставляемых безвозмездно (например, в виде дотации, компенсации и т. д.). Если средства предоставляются на возвратной основе на более благоприятных условиях, чем сложившиеся на доступном рынке (рынке банковского кредита, облигаций и т. д.), объем поддержки определяется как разница между суммой, которую требовалось бы уплатить за пользование данными средствами в случае их получения на рынке, и фактически уплаченной суммой.

      30. Объем государственной поддержки сельского хозяйства по предоставленной гарантии исполнения обязательства определяется как разница между суммой, которую требовалось бы уплатить исходя из тарифа по страхованию риска неисполнения соответствующего обязательства на доступном рынке страховых услуг, и суммой, которую требуется уплатить за предоставление гарантии субсидирующему органу.

      Бюджетные расходы по исполнению гарантии включаются в объем государственной поддержки в сумме их превышения уровня, рассчитанного в соответствии с абзацем первым настоящего пункта.

      Государства-члены включают в уведомления, предусмотренные в разделе VI настоящего Протокола, информацию, позволяющую оценить уровень государственной поддержки по предоставлению государственных гарантий исполнения обязательств.

      31. При приобретении государством товара, услуги, ценных бумаг, предприятия (имущественного комплекса) либо его части, доли в уставном фонде организации (включая приобретение акций), другого имущества, прав на объекты интеллектуальной собственности и т. д. по ценам, превышающим рыночные, объем государственной поддержки сельского хозяйства рассчитывается как разница между фактически уплаченной суммой за приобретенные объекты и суммой, которую требовалось бы уплатить за данные объекты по ценам, сложившимся на рынке.

      Расходы государства на приобретение акций, увеличение своей доли в уставном капитале предприятия и т. д., отвечающие условиям обычной инвестиционной практики, не относятся к мерам государственной поддержки.

      32. При полном или частичном отказе от взимания причитающихся платежей в бюджеты государства-члена и административно-территориальных единиц объем государственной поддержки сельского хозяйства соответствует сумме неисполненных финансовых обязательств производителя перед бюджетом, в том числе обязательств, которые могли возникнуть, если бы поддержка не применялась. Объем государственной поддержки сельского хозяйства при отсрочке исполнения обязательства определяется как сумма, которую необходимо уплатить в виде процентов за пользование равным отсроченному обязательству количеством заемных средств, полученных на доступном кредитном рынке.

      33. При льготном или безвозмездном предоставлении товаров или услуг объем государственной поддержки сельского хозяйства рассчитывается как разница между рыночной стоимостью и фактически уплаченной суммой приобретения (предоставления) товаров или услуг.

      34. Объем ценовой поддержки, которая объединяет меры, направленные на поддержание уровня рыночных цен, рассчитывается как произведение количества конкретного вида сельскохозяйственного товара, в отношении которого применяются регулируемые цены либо меры по регулированию цен, на разность внутренней регулируемой цены и справочной мировой цены с корректировкой информации в зависимости от качества и степени переработки товаров (например, базисной жирности молока). Бюджетные расходы, направленные на поддержание цен (например, расходы по закупке и хранению), в расчет объема ценовой поддержки не включаются.

VI. Уведомления о государственной поддержке
сельского хозяйства

      35. Государства-члены уведомляют в письменной форме друг друга и Комиссию обо всех планируемых в текущем году программах предоставления государственной поддержки сельского хозяйства, осуществляемых на федеральном или республиканском уровнях, а также на уровне административно-территориальных единиц, включая информацию об объемах и порядке предоставления государственной поддержки сельского хозяйства. Уведомление должно содержать достаточно информации для того, чтобы уполномоченные органы государства-члена и Комиссия могли оценить размер предоставляемой государствами-членами государственной поддержки сельского хозяйства и его соответствие настоящему Протоколу. Государства-члены не переводят в категорию информации ограниченного распространения информацию о предоставляемой государственной поддержке сельского хозяйства. Государства-члены направляют друг другу и в Комиссию уведомления ежегодно, не позднее 1 мая.

      36. Государства-члены направляют друг другу и в Комиссию уведомления, указанные в пункте 35 настоящего Протокола, содержащие сведения о расходной части федерального или республиканского бюджетов, предоставляемые по разделам, подразделам и видам функциональной и ведомственной классификаций расходов, а также нормы о порядке и объемах предоставления государственной поддержки сельского хозяйства. Расходы бюджетов административно-территориальных единиц государств-членов отражаются в уведомлениях любым другим способом.

      37. Перечень источников информации об объемах и направлениях государственной поддержки сельского хозяйства на федеральном или республиканском уровнях, а также на уровне административно-территориальных единиц представляется государством-членом либо уполномоченным органом государства-члена по запросу другого государства-члена или Комиссии.

      38. Уполномоченные органы государств-членов направляют друг другу и в Комиссию уведомления о предоставленной в отчетном году на территории своего государства государственной поддержке сельского хозяйства до 31 декабря года, следующего за отчетным.

      Сноска. Пункт 38 с изменением, внесенным Законом РК от 30.01.2024 № 56-VIII.

      39. Форма уведомлений о планируемых в текущем году программах государственной поддержки сельского хозяйства и о предоставленной государственной поддержке сельского хозяйства в отчетном году разрабатывается Комиссией совместно с государствами-членами и утверждается Комиссией.

VII. Ответственность государств-членов

      40. В случае нарушения государством-членом положений пунктов 6 и 8 настоящего Протокола такое государство-член в разумные сроки прекращает предоставление мер, в наибольшей степени оказывающих искажающее воздействие на торговлю, или мер, оказывающих искажающее воздействие на торговлю и предоставленных сверх разрешенного объема, и выплачивает другим государствам-членам компенсацию в размере, равном объему мер, в наибольшей степени оказывающих искажающее воздействие на торговлю, или объему мер, оказывающих искажающее воздействие на торговлю, превышающему разрешенный объем. Порядок выплаты компенсации устанавливается Советом Комиссии. В случае неуплаты государством-членом указанной компенсации другие государства-члены имеют право ввести ответные меры.

  ПРИЛОЖЕНИЕ № 30
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
об оказании медицинской помощи
трудящимся государств-членов и членам семей

      1. Настоящий Протокол разработан в соответствии с разделом XXVI Договора о Евразийском экономическом союзе и регулирует вопросы оказания медицинской помощи трудящимся государств-членов и членам семей.

      2. Понятия, используемые в настоящем Протоколе, означают следующее:

      "государство постоянного проживания" - государство, гражданином которого является пациент;

      "медицинская организация (учреждение здравоохранения)" - юридическое лицо независимо от организационно-правовой формы, осуществляющее в качестве основного (уставного) вида деятельности медицинскую деятельность на основании лицензии, выданной в порядке, установленном законодательством государства-члена, иное юридическое лицо независимо от организационно-правовой формы, осуществляющее наряду с основным (уставным) видом деятельности медицинскую деятельность, или физическое лицо, зарегистрированное в качестве индивидуального предпринимателя, осуществляющее медицинскую деятельность в соответствии с законодательством государства-члена;

      "медицинская эвакуация" - транспортировка пациента в целях спасения жизни и сохранения здоровья (в том числе пациентов, которым невозможно оказание необходимой медицинской помощи при угрожающих жизни состояниях в медицинских организациях (учреждениях здравоохранения), в которых они находятся, и пациентов, пострадавших в результате чрезвычайных ситуаций и стихийных бедствий, а также страдающих заболеваниями, представляющими опасность для окружающих);

      "пациент" - трудящийся государства-члена или член семьи, которым оказывается медицинская помощь или которые обратились за оказанием медицинской помощи независимо от наличия у них заболеваний и от их состояния;

      "скорая медицинская помощь (в неотложной форме)" - комплекс медицинских услуг, оказываемых при внезапных острых заболеваниях, состояниях, обострении хронических заболеваний без явных признаков угрозы жизни пациента;

      "скорая медицинская помощь (в экстренной форме)" - комплекс медицинских услуг, оказываемых при острых заболеваниях, несчастных случаях, травмах, отравлениях и других состояниях, представляющих угрозу жизни пациента.

      3. Государство трудоустройства обеспечивает оказание медицинской помощи трудящимся государств-членов и членам семей в порядке и на условиях, которые определены законодательством государства трудоустройства и международными договорами.

      4. Государства-члены на своей территории предоставляют трудящимся государств-членов и членам семей права на получение бесплатной скорой медицинской помощи (в экстренной и неотложной формах) в том же порядке и на тех же условиях, что и гражданам государства трудоустройства.

      Скорая медицинская помощь (в экстренной и неотложной формах) оказывается трудящимся государств-членов и членам семей медицинскими организациями (учреждениями здравоохранения) государственной и муниципальной систем здравоохранения государства трудоустройства бесплатно, независимо от наличия медицинского страхового полиса.

      Возмещение затрат медицинской организации (учреждению здравоохранения) на оказание скорой медицинской помощи (в экстренной и неотложной формах) трудящимся государств-членов и членам семей осуществляется за счет соответствующих бюджетов бюджетной системы государства трудоустройства в соответствии с действующей системой финансирования здравоохранения.

      5. В случае продолжения лечения пациента в медицинской организации (учреждении здравоохранения) государства трудоустройства после устранения непосредственной угрозы его жизни или здоровью окружающих оплата фактической стоимости оказанных услуг осуществляется непосредственно пациентом или из иных источников, не запрещенных законодательством государства трудоустройства, по тарифам или договорным ценам.

      6. При необходимости осуществления медицинской эвакуации пациента в государство постоянного проживания информация о состоянии здоровья направляется медицинской организацией (учреждением здравоохранения) в посольство и (или) уполномоченный орган (организацию) государства постоянного проживания.

      Возможность медицинской эвакуации пациента, а также порядок медицинской эвакуации определяются в соответствии с законодательством государств-членов. Медицинская эвакуация осуществляется выездными бригадами скорой медицинской помощи с проведением во время транспортировки мероприятий по оказанию медицинской помощи, в том числе с применением медицинского оборудования.

      Возмещение расходов, связанных с медицинской эвакуацией пациента, осуществляется за счет соответствующего бюджета бюджетной системы государства постоянного проживания в соответствии с действующей системой финансирования здравоохранения или иных источников, не запрещенных законодательством государства постоянного проживания.

  ПРИЛОЖЕНИЕ № 31
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о функционировании Евразийского экономического союза
в рамках многосторонней торговой системы

      В рамках Союза к соответствующим отношениям применяется Договор о функционировании Таможенного союза в рамках многосторонней торговой системы от 19 мая 2011 года.

  ПРИЛОЖЕНИЕ № 32
к Договору о Евразийском
экономическом союзе


ПОЛОЖЕНИЕ
о социальных гарантиях, привилегиях и иммунитетах в Евразийском экономическом союзе

I. Общие положения

      1. Понятия, используемые в настоящем Положении, означают следующее:

      "государство пребывания" - государство-член, на территории которого располагается орган Союза;

      "помещения органов Союза" - здания или части зданий, используемые для официальных целей, а также для проживания членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников;

      "представители государств-членов" - главы и члены делегаций, направляемые государствами-членами на заседания органов Союза и на мероприятия, проводимые в рамках Союза;

      "социальное обеспечение (социальное страхование)" - обязательное страхование на случай временной нетрудоспособности и в связи с материнством, обязательное страхование от несчастных случаев на производстве и профессиональных заболеваний, обязательное медицинское страхование;

      "члены семьи членов Коллегии Комиссии, судей Суда Союза, должностных лиц" - супруг (супруга), несовершеннолетние дети и лица, находящиеся на иждивении, постоянно проживающие вместе с членами Коллегии Комиссии, судьями Суда Союза, должностными лицами;

      "члены семьи сотрудников" - супруг (супруга) и несовершеннолетние дети, постоянно проживающие вместе с сотрудниками.

      2. Члены Коллегии Комиссии, судьи Суда Союза, должностные лица и сотрудники являются международными служащими. При выполнении своих полномочий (исполнении должностных (служебных) обязанностей) они не должны запрашивать или получать указания от органов государственной власти или официальных лиц государств-членов, а также от властей государств, не являющихся членами Союза. Они должны воздерживаться от всяких действий, несовместимых с их статусом международных служащих.

      3. Каждое государство-член обязуется неукоснительно уважать международный характер полномочий членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников и не оказывать на них влияния при исполнении ими служебных обязанностей.

II. Привилегии и иммунитеты Союза

      4. Имущество и активы органов Союза пользуются иммунитетом от любой формы административного или судебного вмешательства, за исключением случаев, когда Союз сам отказывается от иммунитета.

      5. Помещения органов Союза, а также их архивы и документы, в том числе служебная корреспонденция, вне зависимости от места нахождения, не подлежат обыску, реквизиции, конфискации или любой другой форме вмешательства, препятствующего нормальной деятельности этих органов.

      6. Представители соответствующих органов государственной власти и управления государства пребывания не могут вступать в помещения органов Союза иначе как с согласия Председателя Коллегии Комиссии, Председателя Суда Союза или лиц, их замещающих, и на условиях, ими одобренных, за исключением случаев пожара или других обстоятельств, требующих безотлагательных мер защиты.

      7. Исполнение любых действий по решению соответствующих органов государственной власти и управления государства пребывания может иметь место в помещениях органов Союза только с согласия Председателя Коллегии Комиссии, Председателя Суда Союза или лиц, их замещающих.

      8. Помещения органов Союза не могут служить убежищем для лиц, преследуемых по законам любого из государств-членов или подлежащих выдаче государству-члену либо государству, не являющемуся членом Союза.

      9. Неприкосновенность помещений органов Союза не дает права использовать их в целях, несовместимых с функциями или задачами Союза или наносящих ущерб безопасности, интересам физических или юридических лиц государств-членов.

      10. Государство пребывания принимает надлежащие меры для защиты помещений Союза от всякого вторжения или нанесения ущерба.

      11. Органы Союза освобождаются от налогов, сборов, пошлин и других платежей, взимаемых в государстве пребывания, за исключением платежей, которые представляют собой плату за конкретные виды обслуживания (услуг), и платежей (отчислений и взносов), уплачиваемых в соответствии с пунктами 44 и 45 настоящего Положения.

      12. Предметы и иное имущество, предназначенные для официального использования органами Союза, освобождаются на территориях государств-членов от обложения таможенными пошлинами, налогами и таможенными сборами.

      13. В отношении своих официальных средств связи органы Союза пользуются не менее благоприятными условиями, чем те, которые предоставляются государством пребывания дипломатическим представительствам.

      14. Органы Союза могут размещать флаг, эмблему или другую символику Союза на занимаемых ими помещениях и принадлежащих им автотранспортных средствах.

      15. Органы Союза при соблюдении законодательства государств-членов могут в соответствии со своими целями и функциями издавать и распространять печатную продукцию, публикация которой предусмотрена международными договорами и актами, составляющими право Союза.

      16. Государство пребывания оказывает Союзу содействие в приобретении или получении помещений, необходимых для осуществления органами Союза своих функций.

      17. Союз осуществляет сотрудничество с соответствующими органами государственной власти и управления государств-членов в целях обеспечения надлежащего отправления правосудия и выполнения предписаний правоохранительных органов, а также предупреждения любых злоупотреблений в связи с привилегиями и иммунитетами, предусмотренными настоящим Положением.

III. Привилегии и иммунитеты членов Коллегии Комиссии,
судей Суда Союза, должностных лиц и сотрудников

      18. Члены Коллегии Комиссии и судьи Суда Союза, если они не являются гражданами государства пребывания, пользуются привилегиями и иммунитетами в объеме, предусмотренном Венской конвенцией о дипломатических сношениях от 18 апреля 1961 года для дипломатического агента.

      Такие иммунитеты не распространяются на случаи:

      вещных исков, относящихся к частному недвижимому имуществу, находящемуся на территории государства пребывания;

      исков, касающихся наследования, в отношении которых член Коллегии Комиссии, судья Суда Союза или член семьи выступает в качестве исполнителя завещания, попечителя над наследственным имуществом, наследника или отказополучателя как частное лицо, а не от имени органа Союза;

      исков, относящихся к профессиональной деятельности, выходящей за пределы полномочий, предусмотренных Договором о Евразийском экономическом союзе (далее - Договор).

      На членов Коллегии Комиссии и судей Суда Союза, которые являются гражданами государства пребывания, распространяется действие положений подпункта 1 пункта 19 настоящего Положения.

      На членов семей членов Коллегии Комиссии и судей Суда Союза, проживающих вместе с ними, если эти члены семей не являются гражданами государства пребывания, распространяется действие положений подпунктов 3 - 5 пункта 19 настоящего Положения.

      На членов семей членов Коллегии Комиссии и судей Суда Союза, если они являются гражданами государства пребывания и (или) постоянно проживают на его территории, не распространяется иммунитет от гражданской юрисдикции государства пребывания в отношении исков о возмещении ущерба в связи с дорожно-транспортным происшествием, вызванным транспортным средством, принадлежащим такому члену семьи либо управлявшимся им.

      19. Должностные лица:

      1) не подлежат уголовной, гражданской и административной ответственности за сказанное или написанное ими и за все действия, совершенные ими в качестве должностных лиц;

      2) освобождаются от налогообложения заработной платы и иных вознаграждений, выплачиваемых органами Союза;

      3) освобождаются от государственных повинностей;

      4) освобождаются от ограничений по въезду в государство пребывания и выезду из него, от регистрации в качестве иностранцев и получения разрешения на временное проживание;

      5) пользуются такими же льготами по репатриации, какими пользуются дипломатические представители во время международных кризисов.

      20. На должностных лиц, если они являются гражданами государства пребывания и (или) постоянно проживают на его территории, не распространяется действие положений подпунктов 2 - 5 пункта 19 настоящего Положения.

      21. На членов семей должностных лиц, проживающих вместе с ними, если эти члены семей не являются гражданами государства пребывания и (или) постоянно не проживают на его территории, распространяется действие положений подпунктов 3 - 5 пункта 19 настоящего Положения.

      22. Вопросы аккредитации членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников регулируются международными договорами об условиях пребывания органов Союза на территории государства пребывания.

      23. Члены Коллегии Комиссии, судьи Суда Союза, должностные лица и сотрудники не вправе заниматься предпринимательской и любой другой деятельностью в интересах личной выгоды или выгоды иных лиц, за исключением научной, творческой и преподавательской деятельности.

      Доходы, полученные от научной, творческой или преподавательской деятельности, подлежат налогообложению в соответствии с международными договорами и законодательством государства пребывания.

      24. Члены Коллегии Комиссии, судьи Суда Союза, должностные лица и члены их семей должны соблюдать требования законодательства государства пребывания в отношении страхования от ущерба, который может быть причинен третьим лицам в связи с использованием любого транспортного средства.

      25. Сотрудники не подлежат юрисдикции судебных или административных органов государства пребывания в отношении действий, совершаемых при непосредственном выполнении ими служебных обязанностей, кроме случаев предъявления:

      1) исков о возмещении ущерба в связи с дорожно-транспортным происшествием, вызванным транспортным средством, принадлежащим сотруднику либо управлявшимся им;

      2) исков в связи со смертью или телесным повреждением, вызванными действиями сотрудников.

      26. Сотрудники освобождаются от ограничений по въезду в государство пребывания и выезду из него, от регистрации в качестве иностранцев и получения разрешения на временное проживание.

      27. Положения пунктов 25 и 26 настоящего Положения не применяются к взаимоотношениям между сотрудниками и органами государственной власти и управления государства-члена, гражданами которого они являются.

      28. Привилегии и иммунитеты, которыми пользуются члены Коллегии Комиссии, судьи Суда Союза, должностные лица и сотрудники, предоставляются им не для личной выгоды, а для эффективного, независимого выполнения ими своих полномочий (исполнения должностных (служебных) обязанностей) в интересах Союза.

      29. Члены Коллегии Комиссии, судьи Суда Союза, должностные лица, сотрудники и члены их семей пользуются привилегиями и иммунитетами, предусмотренными настоящим Положением, с момента их вступления на территорию государства пребывания при следовании к месту назначения или, если они уже находятся на этой территории, с момента, когда члены Коллегии Комиссии, судьи Суда Союза, должностные лица, сотрудники приступили к выполнению своих полномочий (должностных (служебных) обязанностей).

      30. При прекращении полномочий (исполнения должностных (служебных) обязанностей) члена Коллегии Комиссии, судьи Суда Союза, должностного лица или сотрудника их привилегии и иммунитеты, а также привилегии и иммунитеты членов их семей, проживающих вместе с ними, обычно прекращаются в момент оставления этим лицом государства пребывания или по истечении разумного срока для оставления государства пребывания в зависимости от того, какой из указанных моментов наступит раньше. Привилегии и иммунитеты членов семьи прекращаются, когда они перестают быть членами семьи члена Коллегии Комиссии, судьи Суда Союза, должностного лица или сотрудника. При этом, если такие лица намереваются покинуть государство пребывания в течение разумного срока, то их привилегии и иммунитеты сохраняются до момента их отъезда.

      31. В случае смерти члена Коллегии Комиссии, судьи Суда Союза, должностного лица или сотрудника члены их семей, проживавшие вместе с ними, продолжают пользоваться предоставленными им привилегиями и иммунитетами до момента оставления ими государства пребывания или до истечения разумного срока для оставления государства пребывания в зависимости от того, какой из этих моментов наступит раньше.

      32. Иммунитеты от административной, гражданской и уголовной юрисдикции члена Коллегии Комиссии, судьи Суда Союза или должностного лица в отношении всего сказанного или написанного в рамках реализации им своих функций и всех действий, совершенных в качестве члена Коллегии Комиссии, судьи Суда Союза или должностного лица, сохраняются за ним и после прекращения полномочий. Настоящий пункт действует без ущерба для случаев возникновения ответственности членов Коллегии Комиссии, судей Суда Союза или должностных лиц, предусмотренных Договором или международными договорами в рамках Союза.

      33. Все лица, пользующиеся привилегиями и иммунитетами в соответствии с настоящим Положением, обязаны без ущерба для их привилегий и иммунитетов уважать законодательство государства пребывания. Они также обязаны не вмешиваться во внутренние дела этого государства.

      34. Член Коллегии Комиссии, судья Суда Союза, должностное лицо, сотрудник может быть лишен иммунитета в случае, если иммунитет препятствует осуществлению правосудия и снятие иммунитета не наносит ущерба целям, в связи с которыми он был предоставлен.

      35. Снятие иммунитета осуществляется:

      1) в отношении члена Коллегии Комиссии и судьи Суда Союза — Высшим советом;

      2) в отношении должностного лица и сотрудника Комиссии - Советом Комиссии;

      3) в отношении должностного лица и сотрудника Суда Союза - Председателем Суда Союза.

      36. Отказ от иммунитета осуществляется в письменной форме и должен быть определенно выраженным.

IV. Привилегии и иммунитеты
представителей государств-членов

      37. Представители государств-членов при исполнении официальных функций и во время следования к месту проведения организуемых органами Союза на территориях государств-членов мероприятий пользуются следующими привилегиями и иммунитетами:

      1) иммунитет от личного ареста или задержания, а также от юрисдикции судебных и административных властей в отношении всех действий, которые могут быть совершены ими в этом качестве;

      2) неприкосновенность жилища;

      3) освобождение сопровождаемого багажа и ручной клади от таможенного досмотра, если нет серьезных оснований предполагать, что они содержат предметы и иное имущество, не предназначенные для официального или личного пользования, или предметы и иное имущество, ввоз или вывоз которых запрещен или ограничен законодательством государства-члена, на территории которого проводится мероприятие;

      4) освобождение от ограничений по въезду в государство пребывания и выезду из него, от регистрации в качестве иностранцев и получения разрешения на временное проживание.

      38. Положения пункта 37 настоящего Положения не применяются к взаимоотношениям между представителем государства-члена и властями государства-члена, гражданином или представителем которого он является либо являлся.

      39. Привилегии и иммунитеты, которыми пользуются представители государств-членов, предоставляются им не для личной выгоды, а для эффективного, независимого выполнения ими своих официальных функций в интересах своего государства-члена.

      40. Помещения, занимаемые представителями государств-членов, предметы обстановки и другое имущество, а также транспортные средства, используемые ими для служебной необходимости, пользуются иммунитетом от обыска, реквизиции, ареста и исполнительных действий.

      41. Архивы и документы представителей государств-членов неприкосновенны в любое время и независимо от носителей информации и их местонахождения.

      42. В случае если это не противоречит закону и правилам о зонах, въезд в которые запрещается или регулируется по соображениям государственной безопасности, государство пребывания обеспечивает всем представителям государств-членов свободу передвижения и поездок по его территории в той мере, в какой это необходимо для выполнения ими своих официальных функций.

V. Трудовые отношения и социальные гарантии
в органах Союза

      43. Трудовые отношения членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников регулируются законодательством государства пребывания с учетом норм Договора.

      Сноска. Пункт 43 с изменением, внесенным Законом РК от 10.10.2022 № 145-VII (вступает в силу с даты получения депозитарием по дипломатическим каналам последнего письменного уведомления о выполнении государствами-членами внутригосударственных процедур, необходимых для его вступления в силу).

      44. Пенсионное обеспечение членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников осуществляется в соответствии с законодательством государства-члена, гражданами которого они являются.

      Обязательные отчисления на пенсионное обеспечение членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников производятся органами Союза без удержания из заработной платы за счет средств бюджета Союза в пенсионные фонды государств-членов, гражданами которых указанные лица являются, в порядке и размерах, установленных законодательством соответствующего государства-члена. Расходы по выплате пенсий членам Коллегии Комиссии, судьям Суда Союза, должностным лицам и сотрудникам несет государство-член, гражданами которого они являются.

      45. Социальное обеспечение (социальное страхование), кроме пенсионного страхования, и обеспечение пособиями по социальному страхованию членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников осуществляются в соответствии с законодательством государства пребывания на тех же условиях и в том же порядке, что и в отношении граждан государства пребывания.

      Уплата страховых взносов на социальное обеспечение (социальное страхование), кроме пенсионного страхования, с выплат в пользу членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников осуществляется за счет средств бюджета Союза в порядке, установленном законодательством государства пребывания.

      Расходы по выплате пособий по социальному обеспечению (социальному страхованию) несет государство пребывания без взаимных расчетов с другими государствами-членами.

      46. При назначении пенсии или пособий по социальному обеспечению (социальному страхованию) в страховой или трудовой стаж засчитывается период работы в качестве члена Коллегии Комиссии, судьи Суда Союза, должностного лица или сотрудника в соответствии с законодательством государства-члена, гражданами которого они являются.

      Период работы в качестве члена Коллегии Комиссии, судьи Суда Союза, должностного лица или сотрудника засчитывается в страховой или трудовой стаж при назначении пенсии в соответствии с законодательством государства-члена, гражданами которого они являются, а при назначении пособия по социальному обеспечению (социальному страхованию) - в соответствии с законодательством государства пребывания.

      47. Заработок, полученный членами Коллегии Комиссии, судьями Суда Союза, должностными лицами и сотрудниками в период исполнения ими своих полномочий, учитывается при определении размера пенсии в соответствии с законодательством государства-члена, гражданами которого они являются, а при определении размера пособия по социальному обеспечению (социальному страхованию) - в соответствии с законодательством государства пребывания.

      48. В период исполнения своих полномочий членам Коллегии Комиссии и судьям Суда Союза предоставляются следующие социальные гарантии:

      1) ежегодный оплачиваемый отпуск продолжительностью 45 календарных дней;

      2) медицинское обслуживание, в том числе членам их семей, а также транспортное обслуживание, осуществляемое за счет бюджета Союза;

      3) предоставление за счет бюджета Союза служебного жилого помещения членам Коллегии Комиссии и судьям Суда Союза (с учетом членов их семей), не имеющим жилой площади на территории города, в котором расположен соответствующий орган Союза;

      4) включение периода исполнения полномочий члена Коллегии Комиссии в стаж государственной (государственной гражданской) службы при предоставлении социальных гарантий, предусмотренных законодательством государства-члена, гражданином которого он является, для государственных служащих (федеральных государственных гражданских служащих), а также в продолжительность исполнения полномочий министра (федерального министра) при определении размера (права) пенсионного (социального) обеспечения (ежемесячной доплаты к пенсии), предусмотренного законодательством государства-члена, гражданином которого является член Коллегии Комиссии, для министра (федерального министра);

      5) включение периода исполнения полномочий судьи Суда Союза в судейский стаж в государстве-члене, гражданином которого является судья Суда Союза.

      49. Вопросы, связанные с обеспечением предоставляемых членам Коллегии Комиссии и судьям Суда Союза социальных гарантий (в том числе с медицинским и транспортным обслуживанием), решаются компетентным органом государства пребывания.

      50. Члены Коллегии Комиссии, являющиеся гражданами Российской Федерации, сложившие свои полномочия (за исключением случаев досрочного прекращения полномочий, предусмотренных Положением о Евразийской экономической комиссии (приложение № 1 к Договору)), имеют право на установление ежемесячной доплаты к страховой пенсии по старости (инвалидности). Ежемесячная доплата к пенсии устанавливается в размерах, порядке и на условиях, которые предусмотрены законодательством Российской Федерации для федерального министра. Решение об установлении ежемесячной доплаты к пенсии принимается руководителем федерального органа исполнительной власти, осуществляющего функции по выработке и реализации государственной политики и нормативно-правовому регулированию в сфере пенсионного обеспечения. Ежемесячная доплата к пенсии устанавливается за счет средств федерального бюджета.

      На судью Суда Союза при прекращении его полномочий распространяются гарантии и ему предоставляются денежные выплаты, предусмотренные законодательством государства-члена для председателя верховного суда государства-члена, от которого назначен судья Суда Союза. Эти гарантии и денежные выплаты устанавливаются судье Суда Союза в порядке, определяемом законодательством государства-члена, от которого назначен судья Суда Союза.

      51. В период исполнения своих должностных (служебных) обязанностей должностным лицам, сотрудникам и членам их семей за счет средств бюджета Союза предоставляется медицинское обслуживание, директорам департаментов Комиссии и руководителю Секретариата Суда Союза за счет средств бюджета Союза предоставляется также транспортное обслуживание.

      52. В период исполнения своих должностных (служебных) обязанностей должностным лицам и сотрудникам, не имеющим жилой площади на территории города, в котором расположен соответствующий орган Союза, за счет средств бюджета Союза предоставляются служебные жилые помещения (с учетом членов их семей).

      53. Должностные лица и сотрудники Комиссии и Суда Союза, являющиеся гражданами Российской Федерации, замещавшие в любой период до работы в Комиссии и Суде Союза должности государственной службы Российской Федерации, освобожденные от должностей, замещаемых в Комиссии или Суде Союза (за исключением случаев освобождения, связанных с виновными действиями), и имеющие стаж государственной гражданской службы в соответствующем году продолжительностью, установленной законодательством Российской Федерации для назначения пенсии за выслугу лет федеральным государственным гражданским служащим, имеют право на пенсию за выслугу лет, назначаемую в соответствии с условиями и в порядке, которые определены законодательством Российской Федерации для федеральных государственных гражданских служащих, если непосредственно перед увольнением из Комиссии или Суда Союза они замещали в них должности не менее 3 лет. Представление (решение) об установлении пенсии за выслугу лет принимается руководителем федерального органа исполнительной власти, осуществляющего функции по выработке и реализации государственной политики и нормативно-правовому регулированию в сфере пенсионного обеспечения, по представлению Председателя Коллегии Комиссии и Председателя Суда Союза.

      Размер пенсии за выслугу лет исчисляется исходя из среднемесячной заработной платы должностного лица или сотрудника, предельный размер которой определяется применительно к должностным окладам (денежному вознаграждению), установленным по приравненным должностям государственной гражданской службы согласно перечню соответствия должностей должностных лиц и сотрудников Комиссии и Суда Союза должностям федеральной государственной гражданской службы в Аппарате Правительства Российской Федерации и аппарате Верховного Суда Российской Федерации, утверждаемому Правительством Российской Федерации.

      Пенсия за выслугу лет по законодательству Российской Федерации назначается за счет средств федерального бюджета.

      Сноска. Пункт 53 с изменениями, внесенными законами РК от 10.10.2022 № 145-VII (вступает в силу с даты получения депозитарием по дипломатическим каналам последнего письменного уведомления о выполнении государствами-членами внутригосударственных процедур, необходимых для его вступления в силу); от 02.11.2022 № 151-VII (вступает в силу с даты получения депозитарием по дипломатическим каналам последнего письменного уведомления о выполнении государствами-членами внутригосударственных процедур, необходимых для его вступления в силу).

      54. Период работы должностных лиц и сотрудников Комиссии и Суда Союза включается в стаж государственной (государственной гражданской) службы государства-члена, гражданами которого они являются, для установления социальных гарантий в период прохождения государственной (государственной гражданской) службы и для назначения пенсии за выслугу лет государственных служащих (федеральных государственных гражданских служащих).

      55. Порядок медицинского и транспортного обслуживания членов Коллегии Комиссии, судей Суда Союза, должностных лиц и сотрудников, а также членов их семей определяется Межправительственным советом.

  ПРИЛОЖЕНИЕ № 33
к Договору о Евразийском
экономическом союзе


ПРОТОКОЛ
о прекращении действия международных договоров,
заключенных в рамках формирования Таможенного союза и
Единого экономического пространства, в связи с вступлением
в силу Договора о Евразийском экономическом союзе

      В связи с вступлением в силу Договора о Евразийском экономическом союзе (далее - Договор) прекращается действие следующих международных договоров, заключенных в рамках формирования Таможенного союза и Единого экономического пространства.

I. Международные договоры, прекращающие действие
с даты вступления в силу Договора

      1. Договор о создании единой таможенной территории и формировании Таможенного союза от 6 октября 2007 года.

      2. Протокол о порядке вступления в силу международных договоров, направленных на формирование договорно-правовой базы Таможенного союза, выхода из них и присоединения к ним от 6 октября 2007 года.

      3. Соглашение о ведении таможенной статистики внешней и взаимной торговли товарами Таможенного союза от 25 января 2008 года.

      4. Соглашение о едином таможенно-тарифном регулировании от 25 января 2008 года.

      5. Соглашение о единых мерах нетарифного регулирования в отношении третьих стран от 25 января 2008 года.

      6. Соглашение о применении специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам от 25 января 2008 года.

      7. Соглашение о принципах взимания косвенных налогов при экспорте и импорте товаров, выполнении работ, оказании услуг в Таможенном союзе от 25 января 2008 года.

      8. Протокол о предоставлении тарифных льгот от 12 декабря 2008 года.

      9. Протокол об обеспечении единообразного применения правил определения таможенной стоимости товаров, перемещаемых через таможенную границу Таможенного союза, от 12 декабря 2008 года.

      10. Протокол об обмене информацией, необходимой для определения и контроля таможенной стоимости товаров, между таможенными органами Республики Беларусь, Республики Казахстан и Российской Федерации от 12 декабря 2008 года.

      11. Протокол об условиях и порядке применения в исключительных случаях ставок ввозных таможенных пошлин, отличных от ставок Единого таможенного тарифа, от 12 декабря 2008 года.

      12. Соглашение о видах таможенных процедур и таможенных режимов от 12 декабря 2008 года.

      13. Соглашение о порядке декларирования таможенной стоимости товаров, перемещаемых через таможенную границу Таможенного союза, от 12 декабря 2008 года.

      14. Соглашение о порядке декларирования товаров от 12 декабря 2008 года.

      15. Соглашение о порядке исчисления и уплаты таможенных платежей в государствах-участниках Таможенного союза от 12 декабря 2008 года.

      16. Соглашение о порядке осуществления контроля правильности определения таможенной стоимости товаров, перемещаемых через таможенную границу Таможенного союза, от 12 декабря 2008 года.

      17. Соглашение о порядке таможенного оформления и таможенного контроля в государствах - участниках Таможенного союза от 12 декабря 2008 года.

      18. Соглашение о Секретариате Комиссии Таможенного союза от 12 декабря 2008 года.

      19. Соглашение об условиях и механизме применения тарифных квот от 12 декабря 2008 года.

      20. Соглашение о порядке введения и применения мер, затрагивающих внешнюю торговлю товарами, на единой таможенной территории в отношении третьих стран от 9 июня 2009 года.

      21. Соглашение о правилах лицензирования в сфере внешней торговли товарами от 9 июня 2009 года.

      22. Протокол о порядке взимания косвенных налогов и механизме контроля за их уплатой при экспорте и импорте товаров в Таможенном союзе от 11 декабря 2009 года.

      23. Протокол о порядке взимания косвенных налогов при выполнении работ, оказании услуг в Таможенном союзе от 11 декабря 2009 года.

      24. Протокол о порядке передачи данных статистики внешней торговли и статистики взаимной торговли от 11 декабря 2009 года.

      25. Протокол о статусе Центра таможенной статистики Комиссии Таможенного союза от 11 декабря 2009 года.

      26. Соглашение о взаимном признании аккредитации органов по сертификации (оценке (подтверждению) соответствия) и испытательных лабораторий (центров), выполняющих работы по оценке (подтверждению) соответствия, от 11 декабря 2009 года.

      27. Соглашение об обращении продукции, подлежащей обязательной оценке (подтверждению) соответствия, на таможенной территории Таможенного союза от 11 декабря 2009 года.

      28. Соглашение Таможенного союза по ветеринарно-санитарным мерам от 11 декабря 2009 года.

      29. Соглашение Таможенного союза о карантине растений от 11 декабря 2009 года.

      30. Соглашение Таможенного союза по санитарным мерам от 11 декабря 2009 года.

      31. Протокол от 11 декабря 2009 года о внесении изменений в Соглашение о принципах взимания косвенных налогов при экспорте и импорте товаров, выполнении работ, оказании услуг в Таможенном союзе от 25 января 2008 года.

      32. Соглашение об установлении и применении в Таможенном союзе порядка зачисления и распределения ввозных таможенных пошлин (иных пошлин, налогов и сборов, имеющих эквивалентное действие) от 20 мая 2010 года.

      33. Протокол от 21 мая 2010 года о внесении изменений в Соглашение Таможенного союза о карантине растений от 11 декабря 2009 года.

      34. Протокол от 21 мая 2010 года о внесении изменений в Соглашение Таможенного союза по ветеринарно-санитарным мерам от 11 декабря 2009 года.

      35. Протокол от 21 мая 2010 года о внесении изменений в Соглашение Таможенного союза по санитарным мерам от 11 декабря 2009 года.

      36. Протокол об отдельных временных изъятиях из режима функционирования единой таможенной территории Таможенного союза от 5 июля 2010 года.

      37. Соглашение о применении информационных технологий при обмене электронными документами во внешней и взаимной торговле на единой таможенной территории Таможенного союза от 21 сентября 2010 года.

      38. Соглашение о создании, функционировании и развитии интегрированной информационной системы внешней и взаимной торговли Таможенного союза от 21 сентября 2010 года.

      39. Соглашение о единых принципах и правилах технического регулирования в Республике Беларусь, Республике Казахстан и Российской Федерации от 18 ноября 2010 года.

      40. Протокол о порядке предоставления органу, проводящему расследования, сведений, содержащих в том числе конфиденциальную информацию, для целей расследований, предшествующих введению специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам, от 19 ноября 2010 года.

      41. Соглашение о порядке применения специальных защитных, антидемпинговых и компенсационных мер в течение переходного периода от 19 ноября 2010 года.

      42. Соглашение о правовом статусе трудящихся-мигрантов и членов их семей от 19 ноября 2010 года.

      43. Соглашение об обеспечении доступа к услугам естественных монополий в сфере электроэнергетики, включая основы ценообразования и тарифной политики, от 19 ноября 2010 года.

      44. Соглашение о государственных (муниципальных) закупках от 9 декабря 2010 года.

      45. Соглашение о единых правилах государственной поддержки сельского хозяйства от 9 декабря 2010 года.

      46. Соглашение о единых правилах предоставления промышленных субсидий от 9 декабря 2010 года.

      47. Соглашение о единых принципах и правилах конкуренции от 9 декабря 2010 года.

      48. Соглашение о единых принципах и правилах регулирования деятельности субъектов естественных монополий от 9 декабря 2010 года.

      49. Соглашение о единых принципах регулирования в сфере охраны и защиты прав интеллектуальной собственности от 9 декабря 2010 года.

      50. Соглашение о порядке организации, управления, функционирования и развития общих рынков нефти и нефтепродуктов Республики Беларусь, Республики Казахстан и Российской Федерации от 9 декабря 2010 года.

      51. Соглашение о правилах доступа к услугам субъектов естественных монополий в сфере транспортировки газа по газотранспортным системам, включая основы ценообразования и тарифной политики, от 9 декабря 2010 года.

      52. Соглашение о регулировании доступа к услугам железнодорожного транспорта, включая основы тарифной политики, от 9 декабря 2010 года.

      53. Соглашение о согласованной макроэкономической политике от 9 декабря 2010 года.

      54. Соглашение о согласованных принципах валютной политики от 9 декабря 2010 года.

      55. Соглашение о создании условий на финансовых рынках для обеспечения свободного движения капитала от 9 декабря 2010 года.

      56. Соглашение о торговле услугами и инвестициях в государствах-участниках Единого экономического пространства от 9 декабря 2010 года.

      57. Соглашение об осуществлении транспортного (автомобильного) контроля на внешней границе Таможенного союза от 22 июня 2011 года.

      58. Протокол от 18 октября 2011 года о внесении изменений и дополнений в Соглашение о применении специальных защитных, антидемпинговых и компенсационных мер по отношению к третьим странам от 25 января 2008 года.

      59. Протокол о порядке обмена информацией, связанной с уплатой ввозных таможенных пошлин, от 19 октября 2011 года.

      60. Договор о Евразийской экономической комиссии от 18 ноября 2011 года.

      61. Договор о взаимодействии уполномоченных органов государств — участников Соглашения о согласованных принципах валютной политики от 9 декабря 2010 года, осуществляющих валютный контроль, от 15 декабря 2011 года.

      62. Соглашение об информационном взаимодействии в сфере статистики от 29 мая 2013 года.

      63. Протокол от 24 августа 2012 года о внесении изменений в Протокол об условиях и порядке применения в исключительных случаях ставок ввозных таможенных пошлин, отличных от ставок Единого таможенного тарифа, от 12 декабря 2008 года.

      64. Протокол от 21 июня 2013 года о внесении изменений в Соглашение об условиях и механизме применения тарифных квот от 12 декабря 2008 года.

      65. Протокол от 25 сентября 2013 года о внесении изменения в Соглашение о едином таможенно-тарифном регулировании от 25 января 2008 года.

II. Международные договоры, прекращающие действие
с даты вступления в силу соответствующего решения
Комиссии согласно статье 102 Договора

      1. Соглашение о единых правилах определения страны происхождения товаров от 25 января 2008 года.

      2. Протокол о единой системе тарифных преференций Таможенного союза от 12 декабря 2008 года.

      3. Соглашение о Правилах определения происхождения товаров из развивающихся и наименее развитых стран от 12 декабря 2008 года.

      Настоящим удостоверяю, что данный текст является полной и аутентичной копией Договора о Евразийском экономическом союзе, подписанного 29 мая 2014 года в г. Астане:

      от Республики Беларусь - Президентом Республики Беларусь А.Г. Лукашенко;

      от Республики Казахстан - Президентом Республики Казахстан Н.А. Назарбаевым;

      от Российской Федерации - Президентом Российской Федерации В.В. Путиным.

      Подлинный экземпляр хранится в Евразийской экономической комиссии.

Директор Правового департамента




Евразийской экономической комиссии
 
 

В.И.Тараскин