Annex 3
to the Protocol on the Procedure for Regulating Procurement
L i s t o f
Cases Requiring Procurement from a Single Source or a Single Supplier (Executor, Contractor)
Procurement of services related to the sphere of business of natural monopolies, except for services for the sales of liquefied natural gas and connection (junction) to engineering and technical services under price (tariff) regulation in accordance with the legislation of the Member State, power supply services or purchase and sale of electricity (power) with a guaranteed electricity (power) supplier.
Procurement of services for the storage and import (export) of narcotic drugs and psychotropic substances.
Acquisition of goods, works and services at prices (tariffs) set by the legislation of the Member State.
Supply of cultural property (including museum objects and collections, as well as rare and valuable books, manuscripts, archival documents, including copies of historical, artistic or other cultural significance) intended to supplement public museums, library, archives, cinematographic and photography funds and other similar funds.
Performing of work related to mobilisation training.
Acquisition of goods, works and services from a particular person specified in legislative acts of the Member State, as well as acquisition of goods, works and services that may be supplied, performed or rendered exclusively by executive authorities in accordance with their powers or by
their subordinate state institutions, state (unitary) enterprises and juridical persons in which 100 percent of the voting shares (ownership interests) belong to the state, the appropriate powers of which are determined by legislative acts of the Member State and acts of the head of the Member State.
Acquisition of certain goods, works and services as a result of occurrence of force majeure, including emergencies (emergency containment and|or emergency response), accidents, need of urgent medical intervention, when other, more time-consuming types of procurement are inappropriate.
Acquisition of goods, works and services from institutions and enterprises of the penal enforcement system, medical and industrial (labour) dispensaries and medical and industrial (labour) workshops, as well as from organisations established by public associations of persons with disabilities, in which the number of disabled persons in the staff listing is not less than 50 percent.
Acquisition by an institution executing punishment of raw materials, supplies and components for the production of goods, works and services for the purposes of employment of convicts on the basis of agreements concluded with juridical persons, subject to the acquisition by the said institution of such raw materials, supplies and components at the expense of funds provided for by these agreements.
Procurement based on the results of invalidated procurement procedures (in cases provided for by the procurement legislation of the Member State).
Communication services for the purposes of national defence and national security, as well as law enforcement.
Determination of the maximum amount of transactions (or quarterly or annual limit volume) that may be set by the legislation of a Member State and that allows procurement from a single source or a single supplier (executor, contractor); in this case the said amount shall not be determined individually (the Member States shall seek to minimise this threshold in order to maximise access to procurement for potential suppliers).
Placing an order for the supply of weapons and military equipment from a single supplier in accordance with the legislation of a Member State, as well as acquisition of works and services for the repairs (modernisation) of weapons, military and special equipment.
Specific procurement from a potential supplier specified in a decree or disposition of the Head of the Member State, a disposition of the highest executive authority of the Member State or by decision or instruction of the head of the Member State. Decisions and actions regarding the adoption of such acts shall be implemented in the procedure stipulated in paragraphs 32 and 33 of the Protocol on the Procedure for Regulating Procurement (Annex 25 to the Treaty on the Eurasian Economic Union).
Acquisition of works of art and literature of certain authors (except for the acquisition of film projects for distribution), performances of specific performers, phonograms of specific producers in cases when a single person holds the exclusive rights to such works, performances or phonograms.
Subscription to certain periodic printed and electronic publications, as well as procurement of printed and electronic publications of certain authors, rendering of services to provide access to electronic publications for the activities of state and municipal educational institutions, state and municipal libraries, public research organisations, publishers of printed and
electronic publications if the specified publishers hold exclusive rights to the
use of such publications.
Placing an order for a visit to a zoo, theatre, cinema, concert, circus, museum, exhibition and sporting event, as well as conclusion of a procurement agreement (contract) for the provision of services for the sale of tickets and season tickets to visit theatres, cultural, educational and entertainment activities, excursion tickets and sightseeing tours.
Acquisition of materials of exhibitions, seminars, conferences, meetings, forums, workshops, trainings and payment for participation in these activities, as well as conclusion of a procurement agreement (contract) for the services to participate in an event held as required by multiple customers with a supplier (contractor, executor) selected by the customer that is the organiser of the event, in the procedure determined by the legislation of the Member State.
Procurement of teaching services and the services of a guide from natural persons.
Placing an order by a theatre or entertainment organisation, museum, club, cinematographic organisation or any other cultural organisation, educational institution in the sphere of culture, or a broadcasting organisations with a specific natural person or specific natural persons, such as screenplay writers, actors, performers, choreographers, hosts of television or radio programmes, designers, conductors, playwrights, animal trainers, composers, accompanists, libretto authors, film operators, video and sound operators, writers, poets, directors, tutors, sculptors, choreographers, chorus masters, painters and other artists to create or perform works of literature or art, as well as from a specific natural person, including an individual entrepreneur, or a juridical person for the manufacture and
supply of scenery, stage furniture, stage costumes (including hats and footwear) and materials required to create scenery and costumes, as well as theatrical props, make-up, wigs and puppets required for the creation and|or performance of works by organisations referred to in this paragraph.
Procurement of services for the designer control over the development of design documentation for capital construction, designer supervision of construction, reconstruction and overhaul of capital construction by respective designers.
Placing an order to carry out technical and architectural supervision over the preservation of cultural heritage (monuments of history and culture) of the peoples of the Member States.
Procurement of services related to business trips of employees, trips of students and post-graduate students to participate in creative contests (contests, competitions, festivals, games), exhibitions, open-airs, conferences, forums, workshops, internships, educational practical workshops, including their delivery to the venue of these events and back, rent of accommodations, transportation services, meals, as well as goods, works and services related to hospitality expenditures.
Placing an order for the provision of services related to support of the visits of heads of foreign states, heads of foreign governments, international organisations, parliamentary delegations, government delegations, and foreign delegations (hotel services, transportations, maintenance of computer equipment, meals).
Acquisition of goods, works and services required to ensure the safety and security of a head of a Member State and other protected persons and objects intended for the stay of protected persons (household services, hotel services, transportations, maintenance of computer equipment, sanitary
and epidemiological well-being, safe meals) as well as services for the creation of a video archive and information support of activities of the head of the Member State.
Procurement of tangible assets sold from state and mobilisation material reserves.
When the customer, having procured goods from a particular supplier, requires an additional quantity of the respective goods, if the quantity of additionally procured goods does not exceed 10 percent of the quantity of goods procured under the procurement agreement (contract) (unit price of additional goods to be supplied shall be determined by dividing the original price of the contract by the quantity of such goods provided for by the contract).
Procurement of management services for an apartment building at the option of the owners of premises in the apartment building or of the local authority in accordance with the housing legislation of the management organisation, if premises in the apartment building are privately owned or represent state or municipal property.
Conclusion of a procurement agreement (contract) to acquire a non-residential building, structure or premises specified in act in accordance with the legislation of the Member State, as well as lease of a non-residential building, structure or premises, procurement of services for technical maintenance, security and management of the leased premises, procurement of services for technical maintenance, security and management of one or more non-residential premises handed over for the free use to a state or municipal customer, if these services are provided to another person or persons using the non-residential premises located in a building including the premises handed over for the free use and|or operational management.
Required procurement to cover daily and|or weekly requirements for the period before the results of procurement and entry into force of the procurement agreement (contract), if such procurement is conducted within the first month of the year as per the list determined by the legislation of the Member State. In this case, the volume of procurement may not exceed the quantity of goods, the volume of works and services required to meet the demands of the customer during the term of the procurement, but not more than 2 months.
Acquisition of goods, works and services for the implementation of operational investigative activities, investigative actions by duly authorised authorities in order to ensure the safety of persons subject to state protection, in accordance with the legislation of the Member State, as well as services of officials and experts with the required scientific and technical or other specialised knowledge.
Acquisition of the rights of management of natural resources.
Acquisition of training, retraining and advanced training services for employees abroad.
Acquisition of services of rating agencies and financial services.
Acquisition of services of specialised libraries for blind and visually impaired individuals.
Acquisition of securities and shares in the authorised capital (authorised fund) of juridical persons.
Acquisition of goods, works and services required for holding elections and referendums in a Member State according to the list provided by the legislation of the Member State.
Acquisition of goods, works and services under international treaties of the Member States according to the list approved by the supreme
executive authority of the Member State, as well as within the implementation of investment projects financed by international
organisations acceded to by the Member State.
Conclusion of an agreement (contract) for the procurement of geodetic, cartographic, topographic and hydrographic support for delimitation, demarcation and checking the state border, as well as maritime delimitation, in order to fulfil international obligations of the Member State.
Acquisition of goods, works and services related to the use of monetary grants provided to the supreme executive authorities of the Member State free of charge by states, governments, international and national organisations, foreign non-governmental organisations and foundations operating on a charitable and international basis, as well as of monetary funds allocated to co-finance these grants in cases where respective agreements provide for other procedures for the acquisition of goods, works and services.
Acquisition of services under a state educational order for natural persons (if the natural person has independently selected the educational organisation).
Acquisition of services for the medical treatment of nationals of the Member States abroad, as well as services for their transportation and support.
Acquisition of goods and services that are objects of intellectual property from a person holding the exclusive rights in respect of the goods and services procured.
Acquisition of goods, works and services by foreign establishments of the Member States and separate subdivisions of customers acting on their behalf for the purposes of their activities on the territory of a foreign state, as well as for peacekeeping operations.
Acquisition of services for the provision of information by international news organisations.
Acquisition of goods, works and services required for the implementation of monetary activities, as well as activities to manage the national fund of the Member State and pension assets.
Acquisition of consulting and legal services to protect and represent the interests of the state or customers in international arbitration, international commercial arbitration and international courts.
Acquisition of trust management services for property from a person determined under the legislation of the Member State.
Acquisition of statistical data processing services.
Acquisition of property (assets) sold at auctions by bailiffs 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 and state property privatisation.
Acquisition of services rendered by lawyers to persons entitled to receive such services free of charge in accordance with the legislation of the Member State.
Acquisition of goods into the state material reserve in order to exert a regulatory impact on the market in the events determined by the legislation of the Member State.
Acquisition of services for the storage of material values of the state material reserve.
Acquisition of services for the preparation of astronauts and organisation of space missions of astronauts in cases determined by the legislation of the Member State, as well as services for the design, assembly and testing of spacecraft.
Acquisition of services for the repairs of aviation equipment at specialised maintenance enterprises.
Acquisition of services for the manufacture of state and departmental awards and departmental supporting documents thereto, badges of deputies of the legislative authority of the Member State and supporting documents thereto, state verification marks, passports (including official and diplomatic passports), identity cards of nationals of the Member State, residence permits for foreigners in the Member State, identity cards for stateless persons, certificates of registration of civil status, as well as purchase from suppliers selected by the supreme executive authority of the Member State of printed materials requiring a special degree of protection, according to the list approved by the supreme executive authority of the Member State.
Procurement of precious metals and precious stones to supplement the state funds of precious metals and precious stones.
Acquisition of services for compulsory medical examinations of employees engaged in heavy works or works under harmful (particularly harmful) and|or dangerous working conditions, as well as works associated with increased risk and the use of machinery and equipment.
Acquisition of sports gear and equipment, sports outfits required for the participation in and|or preparation of national sports teams of the Member State, as well as for the national sport teams of the Member State to attend the Olympic, Paralympic, Deaflympic Games and other international sports events on the basis of the calendar plan approved by the authority of state administration governing this sphere.
Acquisition of goods, works and services using the funds allocated from the reserve of the heads of the Member State or head of the government
of the Member State for immediate expenses in situations that threaten the political, economic and social stability of the Member State or its administrative-territorial entity.
Acquisition of goods, works and services required for the operation of special forces of law enforcement and special state authorities related to detection and neutralisation of explosives and explosive devices, conducting anti-terrorist operations, as well as special operations for the release of hostages, detention and neutralisation of armed criminals, extremist terrorists and members of organised criminal groups, perpetrators of serious and particularly serious crimes.
Acquisition of special social services stipulated by the guaranteed scope of social services provided to persons (families consisting of persons) with permanent disabilities caused by physical and|or mental disabilities and|or persons of no fixed abode, as well as persons (families consisting of persons) unable to look after themselves due to old age, as well as services for assessing and determining the requirement for such special social services.
Acquisition of products of folk arts and crafts in cases specified by the legislation of the Member State.
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to the Protocol on the Procedure for Regulating Procurement
L i s t o f
Goods, Works and Services Procured using the Auction Process
Agricultural products, hunting products, agricultural and hunting services, except for live animals, products and services related to hunting, fishing and game propagation, as well as hunting products.*
Products of forestry and logging, forestry and logging services.
Fishing products, products of fish hatcheries and fish farms, fishing-related services. *
Coal, lignite and peat.
Crude oil and natural gas, their mining services, except for surveying.
Metal ores.
Stone, clay, sand and other types of mineral raw materials.
Food products and beverages.*
Textiles and textile products.
Clothing, furs and fur products, with the exception of children's
clothing.
Leather and leather goods, saddlery and footwear.
Wood, wood products, cork, straw and plaiting products, except
furniture.
Pulp, paper, paperboard and products manufactured thereof.
Printing and publishing products, except for promotional materials, drawings, draftings, printed photos, souvenir and gift sets (pads and notebooks), voting ballots for elections and referendums.
Coke oven products.
Organic and inorganic synthesis products.
Rubber and plastic products.
Other non-metallic mineral products, except for household glass, products for interiors, as well as non-construction non-flameproof ceramic products.
Metal industry products.
Metal products, except for machinery, equipment, nuclear reactors and parts of nuclear reactors, accelerators of charged particles.
Machinery and equipment not included in other categories, except for weapons, ammunition and parts thereof, explosives and explosives used for national economic purposes.
Office appliances and computer equipment.
Electric motors and electrical equipment (including electrical devices) not included in any other categories.
Equipment and instruments for radio, television and communications.
Medical equipment and instruments, measuring instruments, photographic and video equipment (except for the medical equipment and medical devices specified in the procurement legislation of the Member State).
Motor vehicles, trailers and semi-trailers, car bodies, parts and accessories for motor vehicles, garage equipment.
Vehicles other than commercial and passenger vessels, warships, aircraft and space vehicles, aircraft equipment and parts.
Finished products, except for jewellery and related goods, musical instruments, games and toys, equipment for training in labour processes, teaching aids and equipment for schools, products of arts and crafts, works of art and collectibles, exposed film, human hair, animal hair, synthetic hair and articles thereof.
Waste and scrap metal in a form suitable for use as new raw materials.
Trade, maintenance and repairs of motor vehicles and motorcycles
services .
Wholesale and commission trade services, except for motor vehicles and motorcycles services.
Overland transportation services, except for rail transportation, subway transportation and pipeline transmission services.
Water transportation services.
34 Auxiliary and additional transportation services, services in the field of tourism and sightseeing, except for the services of travel agencies and other services to assist tourists.
Communication services, except for courier services, except for the services of the national mail, telecommunications services.
Financial intermediation services, except for insurance and pension services, services for the arrangement of bonds.
Auxiliary services to financial intermediation, except for valuation
services.
Maintenance and repair services for office equipment, computers and related peripheral devices.
Cleaning services in buildings.
Packaging services.
Waste disposal services, sanitary processing and similar services.
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*Except for procurement by children's educational organisations, health care organisations, social service establishments and children's recreation organisations, and catering services for these establishments and organisations.
to the Treaty on the Eurasian Economic Union
P R O T O C O L
on the Protection and Enforcement of Intellectual Property Rights
General Provisions
This Protocol has been developed in accordance with Section XXIII of the Treaty on the Eurasian Economic Union and governs relations in the sphere of protection and enforcement of intellectual property rights.
For the purposes of this Protocol the intellectual property shall refer to works of science, literature and art, programmes for electronic computers (computer programmes), phonograms, performances,, trademarks and service marks, geographical indications, appellations of origin of goods, inventions, utility models,, industrial designs, selection achievements, integrated circuit topologies, production secrets (know-how), as well as other intellectual property entitled to legal protection in accordance with international treaties, international treaties and acts constituting the law of the Union and the legislation of the Member States.
Copyright and Related Rights
Copyright shall apply to works of science, literature and art. The author of a work shall hold, in particular, the following rights:
1) the exclusive right to the work;
2) the right of authorship;
the right to the name;
the right to inviolability of the work;
the right to disclosure of the work;
other rights determined by the legislation of the Member States.
4. The Member States shall ensure compliance with the periods of protection of the exclusive rights to works of an author, the exclusive rights to works of joint authorship, and the exclusive rights to works published after the author's death, which shall not be less than the deadlines set by the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886 (as amended in 1971) and the World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property Rights of April 15, 1994. The legislation of the Member States may determine longer periods for the protection of these rights.
Programmes for electronic computers (computer programmes), including the source code and object code, shall be protected similarly to literary works under the Berne Convention for the Protection of Literary and Artistic Works of September 9, 1886 (as amended in 1971).
Composite works (encyclopaedias, compilations and other works) representing creative products by selection or arrangement of content shall be protected without prejudice to the rights of authors of each work forming part of the composite work. The author of a composite work shall hold the copyright for the compilation thereof (selection and arrangement of the material). Composite works shall be protected by copyright, regardless of whether the items they are based on or composed of are subject to the copyright protection.
Derivative works (translations, adaptations, arrangements of music and other alterations of a literary or artistic works) shall be protected similarly to
the original works without prejudice to the rights of the authors of the original works. The author of a derivative work shall hold the copyright to the effected translation and other adaptation of the other (original) work.
The Member States shall grant the holders of rights in respect to cinematographic works the right to authorise or prohibit the commercial rental to the public of the originals or copies of their copyrighted works on the territory of other Member States.
Property and personal non-property rights to the results of performing activities (performances), phonograms and other rights determined by the legislation of the Member States shall be related to the copyright (related rights).
Performers shall refer to natural persons having created a performance as a result of their creative work, including artistic performers (actors, singers, musicians, dancers or other persons performing a role, reading, reciting, singing, playing a musical instrument or otherwise involved in the execution of works of literature, art or folk art, including variety, circus or puppet shows), as well as directors of plays (persons having directed a theatre performance, a circus show, a puppet show, a variety show or another type of dramatic or entertaining performance) and conductors.
The Member States shall, on a reciprocal basis, grant to performers of the Member States the following rights:
the exclusive right to the performance;
the right to the name, implying the right to put own name or nickname on copies of phonograms and in other cases of use of the performance, the right to specify the name of a group of performers, except when the use of the performance prevents specification of the name of the performer or a group of performers;
other rights determined by the legislation of the Member States.
Performers shall exercise their rights respecting the rights of the authors of pieces performed. The rights of a performer shall be recognised and shall be valid independently of the presence and effect of the copyright to the pieces performed.
The producer (manufacturer) of a phonogram shall be a person having taken the initiative and responsibility for the first recording of the sounds of a performance or other sounds, or representations of the sounds. In the absence of proof to the contrary, the producer (manufacturer) of a phonogram shall be the person the name or designation of which is indicated in the usual manner on a copy of the phonogram and|or on its packaging.
The Member States shall grant to the producers (manufacturers) of phonograms of the Member States the following rights:
the exclusive right to the phonogram;
other rights determined by the legislation of the Member States.
The Member States shall ensure compliance with the period of protection of the exclusive rights for performances and phonograms, which shall not be less than the deadlines set by the World Trade Organisation Agreement on Trade-Related Aspects of Intellectual Property Rights of April 15, 1994 and the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of October 26, 1961. The legislation of the Member States may determine longer periods for the protection of these rights.
An organisation for collective management of rights shall be an organisation acting on the basis of the powers obtained from authors, performers, producers (manufacturers) of phonograms and other holders of copyright and related rights, unless otherwise provided for by the legislation
of the Member States, as well as the powers obtained from other organisations for collective management of rights, in the management of the relevant rights on a collective basis, in order to ensure that authors and other rightholders obtain remunerations for the use of objects of copyright and related rights.
All relations arising in connection with the activities of organisations for collective management of rights in order to enable the fair use of copyright and related rights shall be governed by an international treaty within the Union.
Trademarks and Service Marks
A trademark and service mark (hereinafter - “a trademark”) shall
refer to a designation protected in accordance with the legislation of the Member State and international treaties acceded to by the Member States and serving for individualisation of goods and|or services of participants in civil circulation of goods and|or services from goods and|or services of other participants in civil commerce.
in accordance with the legislation of the Member States, a trademark may be registered as a verbal, visual, three-dimensional and other designations or combinations thereof. A trademark may be registered in any colour or a combination of colours.
12. The right holder of a trademark shall have the exclusive right to use the trademark in accordance with the legislation of the Member State, shall be entitled to dispose of this exclusive right, and shall have the right to prevent other persons from using the trademark or a designation similar to the point of confusion in relation to homogeneous goods and|or services.
13. The period of validity of the initial registration of a trademark shall be 10 years. This period may be extended an unlimited number of times upon request of the right holder, each time for a period of at least 10 years.
Legal protection of a trademark may be terminated early on the territory of a Member State in respect of all goods and|or services or part thereof, for the individualisation of which the trademark is registered on the territory of the Member State, as a result of non-use of the trademark continuously for any period of 3 years after its registration in the manner provided for by the legislation of the Member State, except in cases of non-use of the trademark for reasons beyond the control of the right holder.
Legal protection of a trademark may be challenged and invalidated in the procedure and on the grounds provided for by the legislation of the Member State of registration of the trademark.
IV. Trademarks of the Eurasian Economic Union and Service Marks of the
Eurasian Economic Union
14. The Member States shall register the trademark of the Eurasian Economic Union and the service mark of the Eurasian Economic Union (hereinafter - “the trademark of the Union”). The trademark of the Union shall enjoy legal protection simultaneously on the territories of all Member States.
Only a designation presented in graphical form may be registered as the trademark of the Union.
The rightholder of the trademark of the Union shall have the exclusive right to use the trademark of the Union in accordance with the legislation of the Member States, and shall be entitled to dispose of this exclusive right, as well as shall be entitled to prevent other persons from using the trademark of
the Union or a designation similar to it to the point of confusion in relation to homogeneous goods and|or services.
15. The relations arising in connection with the registration, legal protection and use of the trademark of the Union on the territories of the Member States shall be governed by an international treaty within the Union.
V. Principle of Exhaustion of the Exclusive Right for a Trademark and the Trademark of the Union
16. The principle of exhaustion of the exclusive right to a trademark and the trademark of the Union shall be applied on the territories of the Member States, in accordance with which the use of a trademark or the trademark of the Union in relation to goods lawfully put into civil circulation on the territory of any Member State directly by the right holder of the trademark and|or the trademark of the Union or other persons with its consent shall not be regarded as a violation of the exclusive rights to the trademark or the trademark of the Union.
VI. Geographical Indications
A geographical indication shall refer to a designation identifying goods as originating from the territory of a Member State, region or locality in that territory, if the quality, reputation or other characteristics of the goods are largely due to its geographical origin.
Geographical indication may be granted legal protection on the territory of a Member State, if such legal protection is provided for by the legislation of that Member State or international treaties to which it is a participant.
VII. Appellation of Origin of Goods
A legally protected appellation of origin of goods shall refer to a designation representing or containing contemporary or historical, formal or informal, full or abbreviated name of a country, urban or rural settlement, locality or other geographical object as well as a designation representing a derivative thereof that has become known as a result of its use in relation to goods the special properties of which are exclusively or mainly determined by any natural conditions and|or human factors specific to such a geographical area.
These provisions shall apply to a designation allowing the identification of goods as originating from a particular geographical object does not contain the name of this object, but has become known as a result of the use of the designation in respect of goods the special properties of which meet the requirements specified in the first indent of this paragraph.
Designations representing or containing the name of a geographical object, but have come into general use as designations of goods of a certain kind, not related to the place of their manufacture, shall not be regarded as appellations of origin of goods.
Legal protection of an appellation of origin of goods may be challenged and invalidated in the procedure and on the grounds provided for by the legislation of the Member States.
With regard to appellations of origin of goods, the Member States shall provide for legal remedies allowing the interested parties to prevent:
1) the use of any means in the designation or presentation of goods indicating or suggesting that the goods originate from a geographical area other than their true place of origin to the extent misleading for the consumers as to the place of origin and special properties of the goods;
2) any use thereof constituting an act of unfair competition within the meaning of Article 10-bis of the Paris Convention for the Protection of Industrial Property of March 20, 1883.
VIII. Appellation of Origin of Goods of the Eurasian Economic Union
22. The Member States shall register the appellation of origin of goods of the Eurasian Economic Union (hereinafter - “the appellation of origin of the goods of the Union”). The appellation of origin of goods of the Union shall enjoy legal protection simultaneously on the territories of all Member States.
23. All relations arising in connection with the registration, legal protection and use of the appellation of origin of goods of the Union on the territories of the Member States shall be governed by an international treaty within the Union.
IX. Patent Rights
The right to an invention, utility model or industrial design shall be protected in accordance with the legislation of the Member States and confirmed by a patent certifying the priority, authorship and exclusive right to the invention, utility model or industrial design.
The author of an invention, utility model or industrial design shall have the following rights:
1) the exclusive right to the invention, utility model, industrial design; 2) the right of authorship;
In the cases provided by the legislation of the Member States, the author of an invention, utility model or industrial design shall own such other
rights, including the right to obtain a patent, the right to remuneration for the use of the official invention, utility model or industrial design.
The period of validity of the exclusive right to an invention, utility model, industrial design shall be:
1) at least 20 years for inventions;
2) at least 5 years for utility models;
3) at least 5 years for industrial designs.
A patent for an invention, utility model or industrial design shall grant the patent holder the exclusive right to use the invention, utility model or industrial design in any manner not contrary to the legislation of the Member States, as well as the right to prohibit the use thereof by any other persons.
The Member States may provide for a restriction of the rights conferred by a patent, provided that such exceptions do not unreasonably prejudice the normal use of inventions, utility models and industrial designs and do not unreasonably prejudice the legitimate interests of the patent holder, taking into account the legitimate interests of third persons.
Selection Achievements
The rights to plant varieties and animal breeds (selection achievements) shall be protected in the cases and in the procedure determined by the legislation of the Member States.
The author of a selection achievement shall have the following
rights:
1) the exclusive right to the selection achievement;
2) the right of authorship;
In cases provided for by the legislation of the Member States, the author of a selection achievement shall enjoy other rights, including the right to obtain a patent, the right to the name of the selection achievement, the right to remuneration for the use of the official selection achievement.
The period validity of the exclusive right to a selection achievement shall be at least 25 years for plant varieties and animal breeds.
XI. Topologies of Integrated Circuits
Integrated circuit topology shall refer to a spatial geometric arrangement of a set of elements of an integrated circuit and connections between them recorded on a tangible medium.
Intellectual property rights for integrated circuit topologies shall be protected in accordance with the legislation of the Member States.
The author of an integrated circuit topology shall be granted the following rights:
1) the exclusive right to the integrated circuit topology;
2) the right of authorship;
In the cases provided for by the legislation of the Member States, the author of an integrated circuit topology shall enjoy other rights, including the right to remuneration for the use of the official topology.
The period of validity of the exclusive right to an integrated circuit topology shall be 10 years.
XII. Production Secrets (Know-How)
39. Production secrets (know-how) shall refer to information of any kind (industrial, technical, economic, organisational data, etc.), including information on the results of intellectual activities in the scientific and
technical sphere, as well as information on the method of conducting professional activities having an actual or potential commercial value due to being unknown to third persons and legally inaccessible to third persons, with regard to which the holder of such information has defined the treatment of trade secret.
40. Legal protection of production secrets (know-how) shall be exercised in accordance with the legislation of the Member States.
XIII. Law Enforcement Measures for Protection of Intellectual Property Rights
41. Actions of the Member States to protect the rights of intellectual property within the Union shall be coordinated under an international treaty within the Union.
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to the Treaty on the Eurasian Economic Union
P R O T O C O L
on Industrial Cooperation
1. The terms used in this Protocol shall have the following meanings: "priority economic activities" means activities determined by all
Member States as priorities for the implementation in the main directions of industrial cooperation;
"industrial cooperation" means strong and mutually beneficial cooperation between economic entities of the Member States in the field of industry;
"industrial policy within the Union" means activities of the Member States in the main directions of industrial cooperation conducted by the Member States both independently and in consultation and coordination of the Commission;
"industry" means a set of economic activities relating to the mining and manufacturing industries, except for food processing, in accordance with the national classifications of economic activities. Other industry types shall be governed by the relevant Sections of the Treaty on the Eurasian Economic Union;
"industrial cluster" means a group of interrelated industrial and related organisations complementing each other and thereby enhancing their competitive advantages;
"technology platform" means an object of the innovation infrastructure enabling efficient communication and the creation of advanced commercial
technologies, high-tech, innovative and competitive products based on the participation of all stakeholders (business, science, state and public organisations).
2. The Commission shall have the following powers when providing consultations and coordinating the activities of the Member States in the main directions of industrial cooperation within the Union:
1) assistance in:
exchange of information, holding of consultations, formation of joint platforms for discussion of issues related to the development of the main directions of industrial cooperation, including the promising areas of innovative activities;
development of proposals aimed at deepening cooperation between the Member States in the implementation of industrial policy within the Union;
exchange of experiences on issues related to the implementation of reforms and structural changes in the industry, encouraging innovation and industrial development;
development and implementation of joint programmes and projects; development of exchange programmes for industrial complexes of the
Member States;
involvement into industrial cooperation of small and medium-sized enterprises of the Member States;
information exchange;
development and implementation by the Member States of joint measures to counter the global economic crisis in the industry;
provision of recommendations on the formation of the Eurasian technology platforms.
2) implementation of:
submission to the Member States of recommendations on further development of industrial cooperation in the interests of each participant thereof;
monitoring and analysis of implementation of the Main Directions of Industrial Cooperation within the Union;
review of the international experience in industrial development in order to identify industrial development methods relevant for the Member States;
3) by decision of the Intergovernmental Council:
preparation of draft provisions on the development, financing and implementation of joint programmes and projects;
identification of administrative and other barriers to the development of industrial cooperation within the Union and development of proposals for their subsequent elimination;
preparation of proposals for the formation of cooperative manufacturing chains for joint manufacture of products;
monitoring of the market of industrial products within the Union, as well as of export markets of third countries;
analysis of the industrial development of the Member States;
joint development with the Member States of other (additional) documents, such as rules, orders and implementation mechanisms for the industrial policy within the Union in the main directions of industrial cooperation, as well as framework agreements on cooperation.
The above list of functions is not exhaustive and may be extended by decision of the Intergovernmental Council.
______________
to the Treaty on the Eurasian Economic Union
P R O T O C O L
on the Common Rules for granting of Industrial Subsidies
General Provisions
This Protocol has been developed in accordance with Article 93 of
the Treaty on the Eurasian Economic Union (hereinafter “the Treaty”) and shall determine the common rules governing the granting of subsidies for industrial goods, including in the provision or receipt of services that are directly related to the manufacture, sale (including storage and exportation from the territory of a Member State and transportation) and|or consumption of industrial goods.
2. The terms used in this Protocol shall have the following meanings: "administrative-territorial entities" means constituent entities of the
Russian Federation (including local self-governing authorities) and regions of the Republic of Belarus and the Republic of Kazakhstan (including the cities of Minsk, Astana and Almaty);
"like products" means - a goods that are entirely identical to the goods manufactured, exported from the territory of a Member State or transported under a specific subsidy or, in the absence of -such goods, any other goods with characteristics similar to goods manufactured, exported from the territory of a Member State or transported under a specific subsidy;
"compensatory measure" means a measure to neutralise the negative impact of a specific subsidy of a subsidising Member State on an economic sector of the Member State applying for the introduction of this measure;
"competent authority" means a state government authority of a Member State in charge of conducting investigations;
"material injury to a sector of the national economy" means deterioration, confirmed by evidence, of the situation in a national economic sector as a result of importation of industrial goods from the territory of the Member State that has provided a subsidy in the manufacture, transportation or storage of such goods, and expressed in the reduction in the volume of manufacture and sales of like products on the territory of a Member State, reduced profitability of the manufacture of such goods, a negative impact on inventories, employment, wages and the level of investment in such sector;
"national manufacturers of like products" means manufacturers of like products in the Member State conducting the investigation;
"sector of the national economy" means all manufacturers of like products in a Member State or those of them having a share in the total volume of manufacture of like products in the Member State of at least 25 percent;
"recipient of a subsidy" means a manufacturer of industrial goods that is the beneficiary of the subsidy;
"manufacturers of subsidised goods" means manufacturers of subsidised goods of the Member State that has provided a specific subsidy;
"industrial goods" means goods classified as group 25-97 goods in CN of FEA EAEU, as well as fish and fish products, except goods classified under CN of FEA EAEU as sub-items 2905 43 000 0 and 2905 44, items
3301, 3501 – 3505, sub-items 3809 10 and 3824 60, items 4101 – 4103, 4301, 5001 00 000 0 – 5003 00 000 0, 5101 – 5103, 5201 00 – 5203 00 000 0, 5301 and 5302 (sub-item 2905 43 000 0, mannitol; sub-item 2905 44, sorbite; item 3301, essential oils; items 3501 – 3505, albuminoid substances, modified starches, glues; sub-item 3809 10, surface treatments, sub-item 3824 60, sorbitol, other products, items 4101 – 4103, raw hides and skins; item 4301, undressed furs; items 5001 00 000 0 – 5003 00 000 0, raw silk and silk waste; items 5101 – 5103, wool and animal hair; sub-items 5201 00 – 5203 00 000 0, raw cotton, cotton waste, brushed cotton fibre; item 5301, raw flax; item 5302, raw hemp). The above goods description is not necessarily exhaustive.
Any changes to the list of CN of FEA EAEU codes shall be made by the Council of the Commission;
"subsidised goods" means industrial goods manufactured, transported, stored or exported from the territory of the subsidising Member State using a specific subsidy;
"subsidising Member State" means the Member State the subsidising authority of which provides a subsidy;
"subsidising authority" means one or more state authorities or local self-governing authorities of the Member States making decisions on the provision of subsidies;
"subsidy" means:
a) financial contribution provided by a subsidising authority of a Member State (or an authorised institution of a Member State), used for generating (ensuring) benefits and carried out through:
a direct transfer of funds (for example, in the form of impaired and other loans), acquisition of a share in the authorised capital or its increase, or an obligation to transfer such funds (e.g., loan guarantees);
full or partial waiver of the collection of payments that would have been otherwise included in the revenue of the Member State (e.g., tax exemptions, debt relief). In this case, the exemption of exported industrial goods from duties and taxes levied on like products when intended for domestic consumption or any reduction of duties and taxes or refund of such duties and taxes in an amount not exceeding the amount actually accrued shall not be considered as a subsidy;
provision of goods or services (except for industrial goods or services intended for the maintenance and development of the common infrastructure);
purchase of industrial goods;
b) any other form of income or price support (directly or indirectly) reducing the importation of industrial goods from the territory of any Member State or increasing the exportation of industrial goods into the territory of any Member State with resulting advantages;
"threat of material injury to a sector of the national economy" means inevitability, confirmed by evidence, of material injury to a sector of the national economy;
"damage to a sector of the national economy" means material injury to a sector of the national economy, a threat of material injury to a sector of the national economy or a significant slowdown in the creation of a sector of the national economy.
Specific Subsidies
In order to determine whether a subsidy is specific for an industrial enterprise or an industrial sector or for a group of industrial enterprises or
industrial sectors (hereinafter “certain enterprises”) within the territory of
operation of a subsidising authority, the following principles shall apply:
if the subsidising authority or a legal act regulating the functioning of the subsidising authority limits access to a subsidy only to certain enterprises, such subsidy shall be deemed specific if the group of industrial enterprises or group of industrial sectors does not include all industrial enterprises or industrial sectors on the territory of the subsidising Member State;
if the subsidising authority or a legal act regulating the functioning of the subsidising authority establishes objective criteria or conditions (criteria which are neutral, do not create advantages for some enterprises as compared to other enterprises, are economic in nature and horizontal by the method of application, for example, in terms of the number of employees or the sizes of enterprises) determining the right to obtain a subsidy and its amount, such subsidy shall not be deemed specific, provided that the right to obtain the subsidy is automatic and that the above criteria and conditions are strictly adhered to. The criteria and conditions shall be specified in laws, regulations, legal acts or other official documents and shall be verifiable;
if there is reason to believe that a subsidy that seems non-specific based on the application of the principles set forth in sub-paragraphs 1 and 2 of this paragraph may in fact be specific, the following factors may be taken into account (subject to taking into consideration the degree of diversification
of economic activities within the territory of operation of the subsidising authority, as well as the effective period of such subsidy):
the use of the subsidy by a limited number of certain enterprises; the predominant use of the subsidy by certain enterprises;
the provision of disproportionately large amounts of subsidies to some enterprises;
the method of discretisation applied by the subsidising authority when deciding on providing the subsidy (in this respect, in particular, information on the frequency of rejections or approvals of applications for subsidies and reasons for respective decisions shall be taken into account).
A subsidy, the use of which is limited to certain enterprises located within a designated geographical region forming a part of the territory of operation of the subsidising authority, shall be deemed specific. Introduction or modification by a state authority of a Member State of tax rates in force within the entire territory of its operation shall not be regarded as a specific subsidy.
Any subsidy falling under the provisions of Section III of this Protocol shall be deemed specific.
The specific nature of a subsidy shall be confirmed based on the evidence of the specificity of the subsidy in accordance with this section.
A Member State shall be entitled to apply to the Commission in order to agree on its provision of a specific subsidy.
The Member States shall not apply compensatory measures to subsidies that are provided for the period, on the terms and in the amounts approved by the Commission.
The Member States shall, on a mandatory basis, communicate to the Commission the regulatory legal acts providing for the provision of specific subsidies within the period determined under an international treaty within the Union and stipulated in paragraph 7 of this Protocol.
If a Member State has grounds to believe that provision of a specific subsidy by another Member State may damage a sector of the national economy, such Member State shall be entitled to initiate respective proceedings by the Commission.
If the results of the proceedings confirm the presence of damage to the sector of the national economy, the Commission shall decide that the Member State that provides such specific subsidy is obliged to eliminate the conditions leading to the damage, unless the Member States involved in the proceedings have agreed otherwise within the time limit determined under an international treaty within the Union and stipulated in paragraph 7 of this Protocol.
The Commission shall determine a reasonable time for the execution of such decision.
If a Member State in respect of which the above decision is adopted, fails to execute the decision of the Commission within the determined time limit, other Member States may apply to the Court of the Union.
The provisions of this paragraph shall be applied subject to the transitional provisions stipulated in paragraph 1 of Article 105 of the Treaty.
7. The Member States shall determine under an international treaty within the Union:
the procedure for the voluntary agreement with the Commission of specific subsidies and adoption by the Commission of relevant decisions;
the procedure for the Commission to hold the proceedings (including with regard to violations of the conditions, procedure for the provision and use of specific subsidies determined by this Protocol);
the criteria for the Commission to adopt decisions on admissibility or inadmissibility of specific subsidies (including taking into account the development of existing and new cooperative ties between manufactures of the Member States);
the procedure and terms for the Commission to request information on subsidies provided.
The date of entry into force of the international treaty is stipulated in paragraph 1 of Article 105 of the Treaty.
If a Member State has determined a requirement for the recipient of a subsidy (manufacturer) to perform certain technological operations in the manufacture of certain goods in order to obtain a specific subsidy, the implementation of such operations by a manufacturer of another Member State in other Member States shall be regarded as the proper discharge of such requirement in accordance with the procedure determined by the Supreme Council.
Prohibited Subsidies
The following types of subsidies shall be prohibited:
an export subsidy, that is, a subsidy contingent, as the sole or one of several conditions for its provision, with the results of the exportation of industrial goods from the territory of the Member State providing this subsidy to the territory of another Member State;
a replacement subsidy, that is, a subsidy contingent, as the sole or one of several conditions for its provision, with the use of industrial goods originating from the territory of the Member State providing this subsidy;
A subsidy shall be deemed contingent with an activity, in particular, if there is evidence of the fact that the provision of this subsidy that is not legally bound to the results of the exportation of industrial goods from the territory of the subsidising Member State or the use of industrial goods originating from the territory of such Member State is, in fact, associated with the actual or expected export (exportation) or export income (exportation income), or with the requirement for the use of industrial goods originating from the territory of the subsidising Member State.
The mere fact that a subsidy is provided to an economic entity effecting exportation may not serve as a grounds for its consideration as an export subsidy.
If provision of a specific subsidy by a Member State results in damage to a sector of the national economy of another Member State, such subsidy shall be prohibited.
Any damage to a sector of the national economy must be proved in accordance with section V of this Protocol.
The Member States shall not retain or introduce measures applied on the basis of a regulatory legal act or a legal act of a subsidising authority the observance of which is required in order to obtain specific subsidies and which comply with one of the following conditions:
1) shall contain requirements of:
procurement or use by an economic entity of industrial goods originating from the territory of the Member State introducing the measure or
from any local source specified by the subsidising authority (regardless of whether specific goods, their volume or value or the proportion of the volume or value of their local manufacture are specified);
restrictions on the procurement or use by an economic entity of industrial goods imported from the territory of any Member State in an amount related to the volumes or value of industrial goods exported by this economic entity and originating from the territory of the Member State introducing the measure;
2) shall restrict:
importation by an economic entity from the territory of any Member State of industrial goods used in local manufacture or related to such manufacture (including depending on the volume or value of goods originating from the territory of the Member State introducing the measure and exported by an economic entity to the territory of another Member State);
importation by an economic entity from the territory of any Member State of industrial goods used in local manufacture or related to such manufacture by restricting access of the economic entity to the currency of any Member State in the amount of such currency earnings due to the enterprise;
exportation by a economic entity of industrial goods into the territory of any Member State or sales by an economic entity of industrial goods on the territory of any Member State (depending on the specification of goods, their volume or value or proportion of the volume or value of their local manufacture by this economic entity).
12. Specific subsidies shall be prohibited if their provision leads to a serious infringement of the interests of any Member State. A serious
infringement of the interests of a Member State shall occur when a specific subsidy provided by another Member State results in:
displacement of like products from the market of the subsidising Member State or restraining of the increase in the importation of like products originating from the territory of any of the Member States into the market of the subsidising Member State;
displacement of like products originating from the territory of any Member State from the market of a third Member State or restraint of the increase in the import of such like products to the territory of a third Member State;
significant underpricing of industrial goods manufactured, transported or exported from the territory of the subsidising Member State using a specific subsidy as compared to the price of like products originating from the territory of another Member State on the same market of any of the Member States or a significant regulation of price increases, price reductions or lost sales in the same market.
13. A serious infringement of the interests referred to in paragraph 12 of this Protocol shall be determined in accordance with this Section and proved in accordance with section V of this Protocol.
14. The measures specified in paragraph 11 of this Protocol, as well as prohibited subsidies, including the following, shall not be provided or retained on the territories of the Member States (in this case, the export of goods shall refer to the exportation of goods from the territory of the subsidising Member State to the territory of another Member State):
programmes exempting an exporter from the mandatory sale to the Member State of part of foreign exchange revenues or permitting the use of
multiple exchange rates through partial depreciation of the national currency resulting in benefits for the exporter due to the exchange rate differences;
internal transport and freight tariffs for export shipments imposed or collected by the Member State on more favourable terms as compared to those applied to transportations in the domestic market;
provision of goods and services used in the manufacture of exported goods on more favourable terms as compared to those applied in the manufacture of like products sold in the domestic market;
full or partial exemption, deferral or reduction of taxes or any other fees paid or payable by economic entities and contingent with the results of export or the use of goods originating from the territory of the Member State providing these benefits. A deferral, in this case, shall not represent a prohibited subsidy if penalties subject to payment are levied for the non-payment of taxes. Charging the value-added tax at a zero rate from exported goods shall not indicate a prohibited subsidy;
special deductions contingent with the results of export and reducing the tax base of goods to a greater extent as compared to like products sold in the domestic market;
exemption, reduction, deferral of taxes or special deductions applicable to calculate the tax base of goods and services used in the manufacture of exported goods to a greater extent as compared to the exemption, reduction, deferral of taxes or special deductions applicable to calculate the tax base for goods and services used in the manufacture of like products sold in the domestic market;
collection of customs duties for raw materials and other materials used in the manufacture of exported products at lower rates as compared to
the same raw materials and other materials used in the manufacture of like products for domestic consumption, or refund of customs duties for raw materials and materials used in the manufacture of exported products to a greater extent as compared to the same raw materials and other materials used in the manufacture of like products sold in the domestic market;
reduction or refund of import duties collected on imported raw materials and other materials used in the manufacture of products if the content of domestic raw materials or other materials in the manufactured products is mandatory (regardless of whether specific goods, their volume or value or proportion of the volume or value in their local manufacture are specified);
charging premiums insufficient to cover long-term operating costs and losses under export credit guarantee or insurance programmes, insurance or guarantee programmes against increase in the value of exported goods or currency risks;
granting export credits at rates below the rates the recipients of these credits would actually have to pay for the use of comparable credits (subject to the same period and currency of the credit, etc.) under the market conditions or repayment of all or part of the costs incurred by exporters or financial institutions in connection with obtaining the credits. Export credit practices complying with the provisions on interest rates of the Arrangement on Officially Supported Export Credits of the Organisation for Economic Cooperation and Development shall not be regarded as prohibited subsidies;
reduction in tariffs for electricity or energy sources sold to an enterprise, provided that such subsidies are contingent with the results of export or the use of domestic goods instead of imported goods.
15. The Commission, as guided by this Protocol, shall not approve any prohibited subsidies as permissible.
The provisions of this paragraph shall be applied subject to the transitional provisions stipulated in paragraph 1 of Article 105 of the Treaty.
If a Member State has a reason to believe that the subsidising authority of another Member State provides a prohibited subsidy and|or introduces measures required to obtain specific subsidies in accordance with this Protocol, the first Member State shall be entitled to apply to that other Member State requesting consultations on the cancellation of prohibited subsidies or measures.
If, within 2 months from the date of receipt over the official diplomatic channels of the notice of consultations specified in paragraph 16 of this Protocol, the Member States fail to reach a mutual agreement, the existing disagreements shall be resolved in accordance with Article 93 of the Treaty.
If, based on the results of dispute resolution, it is decided that one of the Member States provides a prohibited subsidy specified in paragraphs 9 and 12 of this Protocol and|or applies the measures referred to in paragraph 11 of this Protocol, this Member State shall cancel such prohibited subsidies or measures immediately, regardless of whether such prohibited subsidies or measures result in a damage to the national economy of other Member States, and shall introduce a compensatory measure in relation to such prohibited subsidies in accordance with paragraphs 89-94 of this Protocol.
Within a specified transition period, subsidising authorities shall be entitled to provide subsidies through application of measures in accordance with the Annex to this Protocol.
IV. Permissible Subsidies
Subsidies that are not prohibited and do not represent specific subsidies according to the this Protocol shall be recognised as permissible subsidies, the provision of which does not distort the mutual trade between the Member States.
The Member States may provide such subsidies without limitation and the provisions of this Protocol regarding the use of countervailing and response measures or prohibiting the provision of subsidies shall not apply in respect of such subsidies.
The Member States shall be entitled to provide subsidies provided for by this Section without the consent of the Commission.
The provisions of this paragraph shall be applied subject to the
transitional provisions stipulated in paragraph 1 of Article 105 of the Treaty.
The subsidies specified in section VII of this Protocol that are specific under section II of this Protocol, but are recognised by the Member States as subsidies that do distort the mutual trade, shall not give grounds for the adoption of compensatory measures under Section VIII of this Protocol.
Investigation Procedure
Investigations aimed to analyse the conformity of subsidies provided on the territory of a Member State to the provisions of this Protocol, as well as to determine the existence of damage to a sector of the national economy as a result of importation of subsidised goods from the territory of the Member State that has provided the specific subsidy or displacement of
like products from the market of the subsidising Member State, shall be conducted by the competent authority following a written application filed in accordance with this Protocol by the national manufacturers of like products registered on the territory of that Member State or by the competent authority on its own initiative (hereinafter “the application”).
23. The application shall be filed by the national manufacturer of like products or by an association of such manufacturers, including manufacturers comprising a sector of the national economy, as well as representatives of these persons duly authorised under the legislation of the Member State of registration of these representatives (hereinafter “the applicants”).
24. The application shall include:
information on the applicant;
description of the goods (indicating the country of origin and the CN of FEA EAEU code);
information on the existence, nature and extent of the specific
subsidy;
information on the manufacturers of subsidised goods;
information on the national manufacturers of like products;
information on changes in the volume of importation of subsidised goods into the territory of the Member State with the competent authority of which the application is filed 3 calendar years before the date of filing the application;
information on changes in the volume of exportation of like products from the territory of the Member State with the competent authority of which the application is filed to the territory of other Member States;
evidence of damage to a sector of the national economy as a result of the importation of subsidised goods or displacement of like products from the market of the subsidising Member State. Evidence of damage to a sector of the national economy as a result of the importation of subsidised goods or displacement of like products from the market of the subsidising Member State shall be based on objective factors describing the economic situation in the sector of the national economy and may be expressed in quantitative terms (including the volume of manufacture and volume of sales of the goods, the share of the goods in the market of the Member State, the cost of production of the goods, the price of the goods, the data on the production capacity utilisation, productivity, profit margins, profitability of the manufacture and sales of the goods, and the level of investment in the sector of the national economy);
information on changes in the volume of importation of like products (in quantitative and value terms) into the customs territory of the Union for the 3 calendar years preceding the date of the application;
information on changes in the volume of exportation of like products (in quantitative and value terms) from the customs territory of the Union for the 3 calendar years preceding the date of the application;
analysis of other factors that might affect the sector of the national economy in the period under consideration.
25. For purposes of comparability, the cost parameters shall be specified in the application using monetary units determined by the Commission for the maintenance of foreign trade statistics.
26. The application, together with its non-confidential version (if the application contains confidential information), shall be filed with the
competent authority and shall be subject to registration on the day of its receipt by this authority.
27. The application may be rejected on the following grounds: non-compliance of the applicant with the requirements determined in
paragraph 23 of this Protocol;
non-presentation of the information specified in paragraph 24 of this Protocol;
submission of inaccurate information by the applicant. An application may not be rejected on any other grounds.
Prior to the adoption of a decision on initiation of an investigation, the competent authority shall send a written notification of the receipt of the application to the authorised authority of the Member State on the territory of which the specific subsidy under consideration is provided.
In order to decide on the initiation of an investigation, the competent authority shall, within 30 calendar days from the date of registration of the application, examine the adequacy and reliability of the evidence and information contained in this application in accordance with paragraph 24 of this Protocol. Should the competent authority require any additional information from the applicant, this period may be extended, but must not exceed 40 calendar days from the date of registration of the application.
The application may be revoked by the applicant before the commencement of the investigation or during its conduct.
If the application is withdrawn before the commencement of the investigation, such application shall be deemed not filed.
If the application is withdrawn during the investigation, the investigation shall be terminated or continued based on the decision of a competent authority.
Following acceptance of the application for consideration and prior to the decision to commence an investigation, the competent authority shall offer the authorised authority of the Member State that has provided the specific subsidy to hold consultations in order to clarify the availability, amount and use, as well as the consequences of the provision of the specific subsidy in order to achieve a mutually acceptable solution. Such consultations may be held in the course of the investigation.
Holding consultations in order to clarify the availability, amount and consequences of the provision of the specific subsidy shall not preclude the competent authority from deciding to commence an investigation and to prepare, based on the results of such investigation, a report on compliance of the specific subsidy provided on the territory of another Member State with the provisions of this Protocol and|or on damage caused to a sector of the national economy as a result of the importation of subsidised goods from the territory of the Member State that has provided the specific subsidy, as well as on the transfer to the Member State on the territory of which the specific subsidy is provided of a notice of application of compensatory measure.
The competent authority shall decide to commence or refuse an investigation before the expiry of the period referred to in paragraph 29 of this Protocol.
Having decided to refuse to conduct an investigation, the competent authority shall within no more than 10 calendar days from the date of such
decision notify the applicant in writing of the grounds for the refusal to conduct the investigation.
Having decided to commence an investigation, the competent authority shall notify in writing the authorised authority of the Member State which has provided the specific subsidy, as well as other interested persons known to it, of the decision, made and, within not more than 5 working days from the date of making the decision, shall publish a notice of commencement of the investigation. The date of publication of the notice of commencement of the investigation shall be deemed the commencement date of the investigation.
The competent authority may decide to commence an investigation (including on its own initiative) if it has evidence of violations of this Protocol and|or the existence of damage to a sector of the national economy as a result of the importation of subsidised goods into the territory of this Member State or displacement of a like products by subsidised goods from the market of the Member State that has provided the specific subsidy or any other Member State.
No investigation may be commenced in case of insufficient evidence.
Following a decision to commence an investigation, the competent authority shall send a list of questions to all national manufacturers of like products known to it and manufacturers of subsidised goods under investigation to be answered by them for the purposes of the investigation.
The list of questions shall be deemed received on the date of its transfer directly to the representative of a national manufacturer of like products or a manufacturer of subsidised goods or within 7 calendar days from the date of dispatch of the list by mail.
National manufacturers of like products and manufacturers of subsidised goods under investigation to whom the list of questions was sent shall submit their answers to the competent authority within 30 calendar days from the date of their receipt of such list. Upon a reasoned request executed made in writing by the national manufacturers of like products and manufacturers of subsidised goods under investigation, this period may be extended by the competent authority, but not more than by 10 calendar days.
In order to verify the information submitted during the investigation or to obtain any additional information associated with the investigation, the competent authority may conduct the investigation on the territory of the Member State which has provided the specific subsidy, subject to the consent of the respective manufacturer of subsidised goods under investigation, as well as subject to prior notification to the representatives of the government of the respective Member State and in the absence of objections of this Member State as to the conduct of the investigation on its territory.
In order to verify the information submitted during the investigation or to obtain any additional information associated with the investigation, the competent authority shall have the right to send its representatives to the location of national manufacturers of like products, hold consultations and negotiations with interested persons, examine samples of the subsidised goods under investigation, and take all other actions required for the investigation that do not contradict the legislation of the Member State conducting the investigation.
In the course of the investigation, the competent authority may send requests for information relating to the ongoing investigation to authorised
authorities of the Member State providing or having provided the subsidy under consideration, as well as to other interested persons.
Interested persons may submit any information required for the investigation (including confidential information), indicating its source, no later than on the date specified in the notice of the commencement of the investigation. The competent authority shall have the right to request additional information from interested persons.
Evidence and information related to the investigation shall be submitted to the competent authority in the state language of the Member State conducting the investigation and the original documents in a foreign language shall be accompanied by a translation duly certified in accordance with the established procedure.
In the course of the investigation, the competent authority, taking into account the need to protect confidential information in accordance with this Protocol, shall provide to the interested persons, upon their written requests, an opportunity to examine the information submitted in writing by any interested person as the evidence relating to the investigation. The competent authority shall enable participants of the investigation to examine all other information relevant to the investigation and used in the course of the investigation, except for confidential information, in accordance with this Protocol.
State government (administration) authorities of the Member States authorised in the field of customs procedures and maintenance of state statistics, other state government (administration) authorities of the Member States and territorial (local) state government (administration) authorities shall assist in the investigation and provide, upon request from the competent
authority, all information required to conduct the investigation (including confidential information).
The duration of an investigation shall not exceed 6 months from its commencement date.
An investigation shall be deemed completed on the date of dispatch by the competent authority of the results of the investigation for consideration to the government of its state.
Following an investigation, the competent authority shall prepare a report on the conformity of the subsidy provided on the territory of another Member State to the provisions of this Protocol.
If the results of an investigation confirm a violation of this Protocol and|or damage caused to a sector of the national economy, the Member State the competent authority of which has conducted the investigation shall deliver to the Member State on the territory of which the specific subsidy under consideration is provided a statement on the introduction of a compensatory measure.
When determining the sector of the national economy, the territory of the Member State the competent authority of which is conducting the investigation may be regarded as a territory having two or more competitive markets, and national manufacturers of like products within one of these markets may be regarded as a separate sector of the national economy if such manufacturers sell in this market at least 80 percent of the like products manufactured by them and the demand for the like products in this market is not satisfied to a considerable extent by the manufacturers of these products located on the rest of the territory of the Member State conducting the investigation. In such cases, the existence of damage to a sector of the
national economy may be determined even if the main part of the sector of the national economy has not suffered any damage, provided that the sales of subsidised goods are concentrated in one of the competing markets and the importation of subsidised goods causes damage to at least 80 percent of national manufacturers of like products within one of such markets.
46. The amount of a specific subsidy shall be determined based on the amount of benefits generated by the recipient of the subsidy. When calculating the amount of benefits, the competent authority shall consider the following:
participation of the subsidising authority in the capital of the organisation shall not be regarded as provision of a specific subsidy if such participation may not be regarded as non-complying with the common investment practices (including the provision of risk capital) effective on the territory of the respective Member State;
a loan provided by the subsidising authority shall not be regarded as a specific subsidy, if there is no difference between the amount the borrowing organization pays for the state loan and the amount that it would have paid for a comparable commercial loan that such organisation may obtain in the credit market of the respective Member State. Otherwise, the difference between these amounts shall be regarded as benefits;
a loan guarantee provided by the subsidising authority shall not be regarded as provision of a specific subsidy, if there is no difference between the amount the organization receiving the guarantee pays for the loan guaranteed by the subsidising authority and the amount it would have paid for a comparable commercial loan without the state guarantee. Otherwise, the
difference between these amounts, adjusted for the differences in fees, shall be regarded as benefits;
4) any supply of goods, provision of services or purchase of goods performed by the subsidising authority shall not be regarded as provision of a specific subsidy if such goods or services are supplied for a less than adequate remuneration or the goods are not purchased a for more than adequate remuneration. The adequacy of remuneration shall be determined on the basis of prevailing market conditions of purchase and sale of such goods and services in the market of the respective Member State (including their price, quality, availability, liquidity, transportation and other conditions of purchase or sale of goods).
The amount of the subsidy shall be calculated per unit of goods (ton, cubic meter, piece, etc.) imported into the territory of the Member State the competent authority of which is conducting the investigation, or sold in the market of the Member State on the territory of which the specific subsidy is provided or in the market of another Member State.
When calculating the amount of the subsidy, inflation indicators in the respective Member State shall be taken into account if the inflation rate is high enough to distort the obtained results.
The amount of the subsidy per unit of goods shall be determined on the basis of the expenditures of the Member State having provided the specific subsidy for these purposes.
When calculating the amount of the subsidy per unit of such goods, the cost of the goods shall be calculated as the total value of sales of the recipient of the subsidy in the 12 months preceding the provision of the subsidy, for which the required data are available.
When calculating the amount of the subsidy, the amounts of any registration fees or other expenses incurred to obtain the subsidy shall be deducted from the total amount of the subsidy.
If the subsidy is not provided in respect of a certain amount of industrial goods produced, exported or transported, the amount of the subsidy per unit of goods shall be calculated by dividing the total amount of the subsidy by the amount of the volume of manufacture, sales or exports of such goods in the period of the provision of the subsidy taking into account, if necessary, the share of imported subsidised goods in the total volume of manufacture, sales or exports of the goods.
If the subsidy is provided in connection with the development or acquisition of fixed assets, the amount of the subsidy shall be calculated by distributing the subsidy along the average depreciation period of such fixed assets in the given sector of the economy of the Member State having provided the specific subsidy. The amount of the subsidy per unit of goods shall also be calculated taking into account the subsidies provided for the purchase of fixed assets prior to the period covered by the investigation, the depreciation period for which has not yet expired.
When calculating the amount of the subsidy, if the value of the subsidy is different at different times or for different purposes for the same goods, the weighted average indicators shall be applied for the amounts of the subsidy based on the volume of manufacture, sales and exports of goods.
If the subsidy is provided in the form of tax exemptions, the cost of the goods shall be determined by calculating the total amount of their sales in the last 12 months of the application of the tax exemptions.
Subsidies provided during the calendar year by different subsidising authorities and|or for the implementation of different programmes shall be summarised.
The fact of displacement of like products from the market of the subsidising Member State or from the market of another Member State or restraining the increase in the importation of like products into the territory of the subsidising Member State, or restraining the increase in the exportation of the goods into the territory of another Member State shall be determined if it is confirmed that there has been an adverse change in the share of like products in the market of the subsidising Member State or in the market of another Member State with respect to subsidised goods. This fact shall be determined for a period sufficient to prove the evident trends in the development of the market of the respective goods, which under normal conditions shall not be less than 1 year.
Adverse changes in the share of like products in the market of the subsidising Member State or in the market of another Member State shall include one of the following situations:
1) an increase in the market share of subsidised goods;
2) the market share of the subsidised goods remains unchanged in circumstances when, in the absence of the specific subsidy, it would have reduced;
3) the market share of subsidised goods reduces, but at a slower rate than it would have been reducing in the absence of the specific subsidy.
Underpricing shall be established by comparing the prices of the subsidised goods in the relevant market with the prices of the goods manufactured, transported or exported to the territory of any Member State
without the use of the specific subsidy. The comparison shall be made at the same level of trade and in comparable time periods. In the comparison, all factors affecting the comparability of prices shall be taken into consideration. If the above comparison cannot be performed, underpricing may be established based on the average export prices.
If, in accordance with Article 93 of the Treaty, two Member States lead a dispute on the existence of a serious infringement of interests, under paragraphs 12, 57-59, 61 and 62 of this Protocol, in the market of a third Member State, such Member State shall provide to the disputing Member States all statistical information at its disposal related to the subject matter of the dispute and changes of the shares of goods originating from the territories of the disputing Member States in the market of such third Member State, as well as statistical information on the prices of relevant goods. In this case, this Member State shall be entitled not to conduct any special analysis of the market and prices and not to provide any information regarded as a trade secret or State secret.
The fact of a serious infringement of interests may not be established upon existence of the following circumstances in the corresponding period:
1) existence of bans or restrictions on the exportation of goods from the territory of the Member State determining the fact of a serious infringement of interests or bans or restrictions on the importation of goods from the territory of that Member State into the market of another Member State;
2) adoption by an authorised authority of a Member State importing like products and practising monopoly in trade or state trading in these products of a decision to reorient the importation from the Member State
determining the fact of a serious infringement of interests to the importation from another Member State for non-commercial reasons;
natural disasters, strikes, transport disruptions or other force majeure circumstances producing a serious negative impact on the manufacture, quality, quantity or price of the goods intended for exportation from the Member State determining the fact of a serious infringement of interests;
existence of agreements restricting the exportation from the Member State determining the fact of a serious infringement of interests;
a voluntary reduction of the possibility of exportation of industrial goods from the Member State determining the fact of a serious infringement of interests (including when economic entities of this Member State have autonomously reoriented the export of these like products to new markets);
non-compliance with standards and|or other administrative requirements in the Member State onto the territory of which the goods are imported.
62. In the absence of circumstances referred to in paragraph 61 of this Protocol, the existence of a serious infringement of interests shall be determined on the basis of the information provided to the Court of the Union or independently obtained by the Court of the Union.
63. Any damage to a sector of the national economy as a result of the importation of subsidised goods shall be determined on the basis of analysis of the volume of importation of subsidised goods and the impact of such importation on the prices of like products in the market of the Member State the competent authority of which is conducting the investigation and on national manufacturers of like products.
In the analysis of the volume of importation of subsidised goods, the competent authority shall determine whether there has been an increase in the importation of subsidised goods (in absolute terms or relative to the manufacture or consumption of like products in the Member State the competent authority of which is conducting the investigation).
When analysing the impact of the importation of subsidised goods on the prices of like products in the market of the Member State the competent authority of which is conducting the investigation, the competent authority shall determine:
1) whether the prices of subsidised goods were lower than the prices of like products in the market of that Member State;
2) whether the importation of subsidised goods resulted in a reduction of prices of like products in the market of that Member State;
3) whether the importation of subsidised goods prevented the increase in prices of like products in the market of that Member States, which would have occurred in the absence of such importation.
The analysis of the impact of the subsidised importation of goods on the sector of the national economy shall represent an assessment of economic factors relevant to the state of the sector of the national economy, including:
1) previous or possible future reduction in the manufacture or sales of like products, its share in the market of the Member State the competent authority of which is conducting the investigation, profits, productivity, income from attracted investment or production capacity utilisation;
factors that affect the prices of like products in the market of the Member State the competent authority of which is conducting the investigation;
previous or possible future negative impact on cash flows, the stock of like products, employment, wages, manufacture growth rates and the ability to attract investment.
67. The impact of the importation of subsidised goods on the sector of the national economy shall be evaluated with regard to the manufacture of like products in the Member State the competent authority of which is conducting the investigation, if the available data allow allocating the manufacture of like products on the basis of such criteria as the production process, sales of the products by their manufacturers and profits. If the available data do not allow identifying the manufacture of like products, the impact of the importation of subsidised goods on the sector of the national economy shall be evaluated with regard to the manufacture of the narrowest group or range of goods comprising the like products and for which the required data are available.
68. The existence of any damage to the sector of the national economy as a result of the importation of subsidised goods shall be determined based on an analysis of all relevant evidence and information available at the disposal of the competent authority. The competent authority shall analyse, among other things, the dynamics and impact of import supplies of like products into the customs territory of the Union and supplies from other Member States. Neither one nor several factors determined in the course of the analysis of the volume of the importation of subsidised goods and of the impact of such importation on the sector of the national economy shall be
critical for determining the damage to the sector of the national economy as a result of the importation of subsidised goods. In addition to the importation of subsidised goods, the competent authority shall analyse other known factors causing damage to the sector of the national economy during the same period. The aforementioned damage shall not be regarded by the competent authority as the damage to the sector of the national economy as a result of the importation of subsidised goods.
When determining the existence of a threat of material injury to a sector of the national economy as a result of importation of subsidised goods, the competent authority shall take into account all available factors, including the following:
1) the nature and amount of a subsidy or subsidies and their possible impact on trade;
2) the growth rate of importation of subsidised goods indicating a real opportunity of further increase in such importation;
3) whether the manufacturers of subsidised goods in the subsidising Member State have sufficient opportunities to increase the import of subsidised goods or whether an increase in such opportunities is apparently inevitable;
4) the level of prices of subsidised goods, if this price level may lead to a reduction or regulation of the price of like products in the market of the Member State the competent authority of which is conducting the investigation and to further growth in demand for subsidised goods;
5) stocks of subsidised goods available to the manufacturer.
Neither one nor several factors specified in paragraph 69 of this Protocol shall be critical for determining a threat of a material injury to the
sector of the national economy caused by the importation of subsidised
goods.
The decision on the existence of a threat of material injury to a sector of the national economy shall be adopted if, during the investigation based on the analysis of the factors referred to in paragraph 69 of this Protocol, the competent authority determines the inevitability of the continuation of the importation of subsidised goods and material injury caused by such importation to the sector of the national economy in the absence of a compensatory measure.
Interested persons in the investigation shall include:
the national manufacturer of like products, the national association of manufacturers most of the participants of which are manufacturers of like products;
the manufacturer of the subsidised goods under investigation, the association of manufacturers of such subsidised goods the majority of the participants of which are the manufacturers of such goods;
the subsidising Member State and|or the authorised authority of the subsidising Member State;
public consumer associations (if the subsidised goods under investigation are consumed mainly by natural persons);
consumers of the subsidised goods under investigation (using the products in the manufacturing process) and associations of such consumers.
73. The interested persons referred to in paragraph 72 of this Protocol shall operate during the investigation either independently or through their representatives duly authorised under the legislation of the Member State the competent authority of which is conducting the investigation.
If in the course of the investigation an interested person acts through an authorised representative, the competent authority shall submit all information on the subject matter of the investigation to the interested person only through this representative.
74. Information provided by an interested person to the competent authority shall be deemed confidential if such person indicates the reasons confirming that disclosure of such information will provide a competitive advantage to a third person or entail adverse consequences for the person submitting such information or to the person from whom the information was obtained. Confidential information shall not be disclosed without the permission of the submitting interested person, except in cases provided for by the legislation of the Member States.
The competent authority shall be entitled to request from each interested person having submitted confidential information its non-confidential version. The non-confidential version shall be sufficiently detailed for understanding the essence of the confidential information submitted. If in response to the above request an interested person claims that confidential information may not be presented in a non-confidential form, this person shall have to provide appropriate reasons.
If the competent authority establishes that the reasons provided by the interested person are insufficient for regarding the information as confidential or if the interested person that failed to submit a non-confidential version of the confidential information does not submit the appropriate reasons or submits information that does not constitute such a reasons, the competent authority may disregard this information.
75. The competent authority shall be bear liability for the disclosure of confidential information provided for by the legislation of its Member State.
VI. General Exceptions
76. Nothing in this Protocol shall be construed as:
requiring any Member State to provide any information the disclosure of which is considered by such state as contrary to its essential security interests;
preventing any Member State from taking any action it deems necessary to protect its essential security interests:
actions in relation to fissionable materials or their source materials; actions for the development, manufacture and trade in weapons,
ammunition and military materials, as well as other goods and materials, carried out, directly or indirectly, for the purpose of supplying a military establishment;
any action taken in time of war or other emergency in international relations;
preventing any Member State from taking any action in pursuance of its obligations under the Charter of the United Nations to preserve the world peace and international security.
77. The provisions of this Protocol shall not prevent the Member States from using specific subsidies that distort trade if such subsidies are introduced in exceptional circumstances (provided that the purpose of these measures is not to limit the importation of goods from the territory of other
Member States and such measures are non-discriminatory) and if their introduction is required to protect:
public morality, public law and order and national security;
life or health of people, animals and plants;
national treasures of artistic, historic or archaeological value;
intellectual property rights;
exhaustible natural resources (if such measures are taken in conjunction with restrictions on domestic production or consumption).
VII . Specific subsidies the provision of which does not constitute grounds for adopting compensatory measures
78. The provision of such a specific subsidy as support for research activities carried out by economic entities, as well as universities and research institutions on a contractual basis with economic entities, shall not be regarded as the grounds for the introduction of any compensatory measures, provided that such support covers not more than 75 percent of the cost of industrial research or 50 percent of the cost of developments at the pre-competitive stage and that it is provided solely to cover:
personnel costs (for researchers, technicians and other support personnel engaged solely in the research activities);
the cost of tools, equipment, land and buildings used exclusively and permanently for the research activities (except for sale on a commercial basis);
the cost of advisory and equivalent services used exclusively for the research activities (including the purchase of research results, technical knowledge, patents, etc.);
additional overhead costs incurred directly as a result of the research activities;
other current expenses (for materials, software, etc.) incurred directly as a result of the research activities.
79. For the purposes of this Section, industrial research activities shall refer to any planned research or critical studies aimed at discovery of new knowledge in the hope that such knowledge may be useful in developing new goods, processes or services, as well as for the significant improvement of existing goods, processes or services.
Developments at the pre-competitive stage shall refer to conversion of the results of industrial research into a plan, drawing or layout of new, modified or improved goods, processes or services intended for the sale or use (including the creation of the first prototype unsuitable for commercial use). These developments may also include the formulation of the concept and design of alternative goods, methods or services, as well as initial pilot or demonstration designs, provided that they may not be adapted or applied for industrial or commercial use. These developments shall not include current and periodic changes to existing goods, production lines, treatment processes, services, and other common operations, even if such changes lead to improvements.
80. The acceptable level of support specified in paragraph 78 of this Protocol that does not constitute grounds for the adoption of compensatory measures shall be determined in relation to the total relevant costs incurred over the period of implementation of the respective specific project.
In the case of implementation of programmes combining industrial research and pre-competitive stage developments, the permissible level of
support that does not constitute grounds for the adoption of measures shall not be higher than the arithmetic mean value of the permissible levels for these two categories calculated taking into account all costs referred to in paragraph 78 of this Protocol.
The provisions of this Protocol shall not apply to fundamental scientific research conducted by higher educational institutions or research institutions independently. Fundamental scientific research shall refer to the expansion of common scientific and technical knowledge not associated with any industrial or commercial purposes.
Support to disadvantaged regions on the territory of a Member State provided as part of the general regional development shall be non-specific (subject to the provisions of section II of this Protocol) and shall be distributed between the respective regions, provided that:
each disadvantaged area represents a clearly demarcated and compact administrative and economic zone;
such region is deemed disadvantaged based on neutral and objective criteria indicating that the region's difficulties arise not only due to temporary circumstances (such criteria shall be clearly specified in the laws, regulations or other official documents so that they can be verified);
the criteria referred to in sub-paragraph 2 of this paragraph shall include the measurement of economic development based on at least one of the following parameters measured for a 3-year period (such measurement may be complex and may take into account other factors):
income per capita or per household or the gross domestic product per capita, which shall not exceed 85 percent of the average rate for the territory concerned;
the unemployment rate, which shall be at least 110 percent of the average rate for this area.
The general regional development shall refer to regional subsidy programmes forming part of an internally consistent and universally applicable regional development policy, implying non-provision of regional development subsidies to individual geographical locations which produce no or almost no impact on the development of the region.
The neutral and objective criteria shall refer to criteria that do not provide benefits to certain regions beyond those required to eliminate or reduce the differences between regions within the regional development policy. In this regard, regional subsidy programmes shall include the maximum amounts of support that may be provided under each subsidised project. These maximum amounts shall be differentiated according to the level of development of the regions supported and shall be expressed in the form of spending on investment or job creation. Within these amounts, the support shall be distributed widely enough to avoid pre-emptive use of subsidies or provision of disproportionately large amounts to certain enterprises in accordance with Section II of this Protocol.
The support of adaptation of existing production capacities (representing production capacities in operation for at least 2 years prior to the introduction of new requirements for environmental protection) to the new requirements for environmental protection imposed by the legislation and|or regulations and entailing additional restrictions and increased financial burden for economic entities shall not be regarded as grounds for any compensatory measures, provided that such support:
1) is a one-time, non-recurring measure;
amounts to no more than 20 percent of the costs of adaptation;
does not cover the cost of replacement and operation of subsidised equipment to be borne by the enterprise;
is directly related and proportionate to the pollution reduction planned by an economic entity and does not cover the production costs savings that may be achieved;
is available for all economic entities that may convert to new equipment and|or production processes.
VIII. Introduction and Application of compensatory Measures and Response Measures
The competent authority of a Member State shall be entitled to conduct an investigation with regard to the compliance of subsidies provided on the territories of other Member States with the provisions of this Protocol or an investigation into the use by other Member States of the measures referred to in paragraph 11 of this Protocol, in accordance with the procedure determined by section V of this Protocol. The competent authority having initiated an investigation shall inform the Member States of the commencement of the investigation. The competent authorities shall have the right to request the necessary information on the progress of the investigation.
If, as a result of an investigation, the competent authority of a Member State establishes that the subsidising authority of another Member State provides a specific subsidy and this specific subsidy causes damage to a sector of the national economy of the Member State the competent authority of which is conducting the investigation, such competent authority may send
to the subsidising Member State an application for the adoption of compensatory measures. This application shall contain evidence of non-compliance of the subsidy with the provisions of this Protocol.
If, at the end of the proceedings conducted in accordance with paragraph 6 of this Protocol, the Commission confirms the existence of damage to a sector of the national economy of one of the Member States, the competent authority of the Member State shall be entitled to send to the subsidising Member State an application for the adoption of a compensatory measure. This application shall contain evidence of non-compliance of the subsidy in accordance with sub-paragraph 3 of paragraph 6 of Article 93 of the Treaty.
The Member States shall not apply compensatory measures to subsidies approved by the Commission in accordance with paragraph 6 of this Protocol.
The provisions of this paragraph shall be applied subject to the transitional provisions stipulated in paragraph 1 of Article 105 of the Treaty.
An application for countervailing measures may be voluntarily granted by a Member State that has received such application within a period not exceeding 2 months or based on the results of the settlement of disputes.
A Member State having received an application for the adoption of countervailing measures, the validity of which has been recognised voluntarily by the Member State or based on the results of the settlement of disputes in accordance with Article 93 of the Treaty, shall introduce the countervailing measure stated in the application within 30 calendar days.
The countervailing measure introduced under paragraph 89 of this Protocol shall represent a sum of the subsidy provided and interest accrued
on the amount of the subsidy for the entire period of use of these funds (assets), as specified in the application for the adoption of the countervailing measure.
The amount of the subsidy shall be calculated in accordance with this Protocol.
The interest rate shall be equal to one and a half refinancing rate prevailing on the date of provision of the subsidy and set by the national (central) bank of the subsidising Member State. The interest rate shall be calculated by applying the compound interest for the entire period from the date of provision of the subsidy to the date of implementation of the countervailing measure.
The compound interest is interest charged each year with regard to an amount including the interest accrued in the previous year.
A countervailing measure shall be deemed implemented after the amount of the subsidy, including all relevant interest amounts, has been withdrawn from the recipient of the subsidy and transferred to the budget of the subsidising Member State.
A countervailing measure shall be deemed non-implemented if it is charged from any sources other than those specified in paragraph 91 of this Protocol.
By mutual agreement of the claimant state and the respondent state and solely in order to avoid circumvention of payment by the recipient of the subsidy of the funds constituting a countervailing measure, the sources of levying the countervailing measure may be changed.
Implementation of a countervailing measure shall constitute
sufficient grounds for the grantedapplication for the adoption of
countervailing measures to be deemed executed. In this case, the Member State shall execute such application within a period not exceeding 1 calendar year from the date of accepting such application.
94. If the Member State fails to execute the granted application for the adoption of a countervailing measure within the determined time limit, the applying Member State shall be entitled to take response measures, which shall be approximately proportional to the countervailing measure.
For the purposes of this Protocol, a response measure shall refer to temporary suspension by the Member State introducing such response measure of its obligations in respect of the Member State against which the response measure is introduced under any existing trade and economic treaties (except for those related to the oil and gas industry).
Response measures shall be temporary and shall be applied by the claimant state only until the measure violating the provisions of the Treaty is cancelled or changed in such a way as to comply with the provisions of the Treaty or until the Member States agree otherwise.
IX. Notices
95. The Member States (authorised authorities of the Member States) shall annually, but not later than December 1, notify each other and the Commission of all subsidies planned for the provision in the next year, at the federal (national) and regional (municipal, local) levels.
The Member States shall not subsume the information on provided subsidies to confidential information, except in cases stipulated in paragraph 76 of this Protocol.
The sources of the information for the notices sent pursuant to paragraph 95 of this Protocol shall be cost-related parts of draft federal|national budgets and budgets of administrative-territorial entities.
The Member States (authorised authorities of the Member States) shall, on a quarterly basis and no later than on the 30th day of the month following the reporting quarter, send to each other and to the Commission notices in the determined form of all subsidies provided at the federal (national) and regional (municipal, local) levels in the reporting quarter.
The provisions of this paragraph shall be applied subject to the
transitional provisions stipulated in paragraph 1 of Article 105 of the Treaty.
The Member States (authorised authorities of the Member States) shall, annually and no later than on July, 1 of the year following the reporting year, send to each other and to the Commission notices in the determined form of all subsidies provided at the federal (national) and regional (municipal, local) levels in the reporting year. These notices shall contain sufficient information for the competent authority of another Member State and the Commission to estimate the amount of subsidies provided and their compliance with the provisions of this Protocol.
The forms of the notices of subsidies of the Member States (competent authorities of the Member States) provided for by this section, as well as the procedure for their completion, shall be approved by the Commission in consultation with the Member States.
The notices on subsidies shall contain the following information:
1) the name of the subsidy programme (if any) and a brief description
or identification of the subsidy (for example, “Development of Small
Business”);
the reporting period for the notice;
the main purpose and|or purpose of the subsidy (information on the purpose of the subsidy is normally contained in the regulatory legal act under which the subsidy is provided);
the basis for the provision of the subsidy (the name of the regulatory legal act under which the subsidy is provided, as well as a brief description of this act);
the form of the subsidy (grant, loan, tax exemption, etc.);
the subject (manufacturer, exporter or other person) and the method of provision of the subsidy (funds used to provide the subsidy, fixed or variable amount per unit of goods (in the latter case, indicating the mechanism for determining the amount)), as well as the mechanism and conditions for the provision of the subsidy;
the amount of the subsidy (the annual or total amount allocated for the subsidy, if possible, the subsidy per unit of products);
the duration of the subsidy and|or any other time limit applicable to the subsidy (including the opening (completion) date of the subsidy);
the data on the effects on trade (statistical data allowing to assess the trade effects of the subsidy);
101. The information referred to in paragraph 100 of this Protocol shall, to the extent possible, contain statistical data on the manufacture, consumption, import and export of subsidised goods or sectors:
for the recent 3 years for which statistical data are available;
for the year preceding the introduction of the subsidy or the most recent major change in the subsidy.
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to the Protocol on the Common Rules for the
Provision of Industrial Subsidies
L i s t o f measures not subject to the provisions of the Protocol on the Common Rules for the Provision of Industrial Subsidies
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I. The Republic of Belarus |
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Measures relating to investment agreements concluded in accordance with Presidential Decree No.175 of April 4, 2009 On Measures to Develop the Manufacture of Passenger Cars and the Decision No.130 of the Commission of the Customs Union of November 27, 2009 On Common Customs Tariff Regulation of the Customs Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation*
up to December 31, 2020, unless otherwise provided for by the protocol of accession of the Republic of Belarus to the World Trade Organisation
II. The Republic of Kazakhstan
Interest rate subsidies on bank loans in export-oriented industries in accordance with Resolution No.301 of the Government of the Republic of Kazakhstan of April 13, 2010 On approval of the Programme “Business Road Map 2020”,
Exemption of goods deemed to originate in the Republic of Kazakhstan based on the sufficient processing criteria from customs duties and taxes when exported from the territory of a free warehouse to the rest of the customs territory of the Customs Union in accordance with Code No.99-I of the Republic of Kazakhstan of December 10, 2008 On Taxes and Other Obligatory Payments to the Budget (the Tax Code), Resolution No.1647 of
up to July 1, 2016, for loans issued by lending institutions before July 1, 2011
up to January 1, 2017
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the Government of the Republic of Kazakhstan of October 22, 2009 On Approval of the Rules of Origin, Compilation and Issuance of the Certificate of Examination of Origin and Compilation, Certification and Issuance of the Certificate of Origin, and the Agreement on Free Warehouses and the Customs Procedure of a Free Warehouse of June 18, 2010
Exemption of goods deemed to originate in the Republic of Kazakhstan based on the sufficient processing criteria from customs duties and taxes when exported from the territory of special economic zones into the rest of the customs territory of the Customs Union in accordance with the Agreement on Free (Special) Economic Zones on the Customs Territory of the Customs Union and the Customs Procedure of a Free Customs Zone of June 18, 2010, Law No.469-IV of the Republic of Kazakhstan of July 21, 2011, On Special Economic Zones in the Republic of Kazakhstan, and Resolution No.1647 of the Government of the Republic of Kazakhstan of October 22, 2009, On Approval of the Rules of Origin, Compilation and Issuance of the Certificate of Examination of Origin and Compilation, Certification and Issuance of the Certificate of Origin
Measures in respect of investment agreements concluded in accordance with Order No.113 of the Ministry of Industry and Trade of the Republic of Kazakhstan of June 11, 2010 On certain issues of conclusion, terms and the standard form of the Agreement on industrial assembly of motor vehicles with juridical persons that are residents of the Republic of Kazakhstan, and Decision No.130 of the Commission of the Customs Union of November 27, 2009 On Common Customs Tariff Regulation of the Customs Union of the Republic of Belarus, the Republic of
up to January 1, 2017
up to December 31, 2020, unless otherwise provided for by the protocol of accession of the Republic of Kazakhstan to the World Trade Organisation
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Kazakhstan and the Russian Federation* |
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The local content in subsoil use contracts between the Government of the Republic of Kazakhstan and a subsoil user concluded before1 January 2015 pursuant to Law No.291-IV of the Republic of Kazakhstan of June 24, 2010, On Subsoil and Subsoil Use
The local content in procurement made by Samruk-Kazyna National Welfare Fund (NWF) and organisations, in which 50 percent or more of the voting shares (participation interests) are directly or indirectly owned by Samruk-Kazyna, as well as companies directly or indirectly owned by the state (with the state share amounting to 50 percent or more), in accordance with Law No.550-IV of the Republic of Kazakhstan of February 1, 2012 On the National Welfare Fund, and Resolution No.787 of the Government of the Republic of Kazakhstan of May 28, 2009,On Approval of Model Regulations on procurement of goods, works and services provided by the national management holding, national holdings, national companies and organisations in which fifty and more percent of shares (participation interests) or more are directly or indirectly owned by the national management holding, national holdings or national companies.
up to January 1, 2023, unless otherwise provided for by the protocol of accession of the Republic of Kazakhstan to the World Trade Organisation
up to January 1, 2016, unless otherwise provided for by the protocol of accession of the Republic of Kazakhstan to the World Trade Organisation
III. The Russian Federation
1. Measures regarding investment agreements concluded before February 28, 2011, including provisions of Presidential Decree No.135 of the Russian Federation of February 5, 1998, On Additional Measures to Attract Investment for the Development of the Domestic Automotive Industry, Resolution No.166 of the Government of the Russian Federation of March 29, 2005, On Amendments to the Customs Tariff of the Russian Federation in respect of Automotive Components Imported for Industrial Assembly, Decision No.130 of
the transitional period shall correspond to the term of the agreements specified at their signature and may be extended for a period provided for by the Protocol of December 16, 2011 on Accession of the Russian Federation to the Marrakesh Agreement Establishing the World Trade Organisation of April 15, 1994, but may not exceed 2 calendar years
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the Commission of the Customs Union of |
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Kazakhstan and the Russian Federation* |
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2. Measures applied in accordance with up to April 1, 2016
Federal Law No.16-FZ of January 10, 2006 On
the Special Economic Zone in the Kaliningrad
Region and on Amendments to Certain
Legislative Acts of the Russian Federation
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*To be applied subject to the conditions for the application of concept of 'industrial assembly of motor vehicles' approved by the Supreme Council on the territories of the Member States.
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to the Treaty on the Eurasian Economic Union
P R O T O C O L
on Agricultural State Support Measures
1. This Protocol has been developed in accordance with Articles 94 and 95 of the Treaty on the Eurasian Economic Union and shall apply to the goods specified in section II of this Protocol (hereinafter “agricultural goods”).
2. The terms used in this Protocol shall have the following meanings:
“administrative-territorial entities” means administrative-territorial entities and regions of the Republic of Belarus and the Republic of Kazakhstan (including the cities of Minsk, Astana and Almaty), constituent entities and municipalities of the Russian Federation;
“state support for agriculture” means financial contribution provided by the government or other state or local authority of a Member State in the interests of manufacturers of agricultural goods, either directly or through their authorised agent;
“subsidising authority” means one or more state or local authorities of the Member State adopting decisions on the provision of state support for agriculture; In accordance with the legislation of a Member State, its subsidising authority may designate or instruct an authorised agent (any organisation) to perform one or more of its functions relating to the provision of measures of state support for agriculture. Actions of such authorised agent (any organisation) shall be regarded as actions of the subsidising authority.
Acts of the head of a Member State aimed at the provision of measures of state support for agriculture shall be regarded as actions of its subsidising authority.
Measures of State Support for Agriculture
Measures of state support for agriculture shall include:
1) measures not producing distorting effects on mutual trade in agricultural goods between the Member States (hereinafter “measures with no trade-distorting effect”);
2) measures producing the most distorting effect on mutual trade in agricultural goods between the Member States (hereinafter “measures with the most trade-distorting effect”);
3) measures producing distorting effects on mutual trade in agricultural goods between the Member States (hereinafter “measures with trade-distorting effect”).
Measures with no trade-distorting effect shall include the measures specified in section III of this Protocol. Measures with no trade-distorting effect may be applied by the Member States without restrictions.
Measures with the most trade-distorting effect shall include: measures of state support for agriculture, the provision of which is
associated as the sole or one of several conditions with the results of previous or possible future exportation of agricultural goods from the territory of the Member State providing the measure of state support to the territory of any other Member State;
measures of state support for agriculture, the provision of which is associated as the sole or one of several conditions to the acquisition or use of
agricultural goods originating exclusively from the territory of the Member State providing this measure of state support in the manufacture of agricultural goods on the territory of that Member State, regardless of indication of specific goods, their amounts, value, proportion of the amount or value of the output or use of domestic goods, and the level of localisation of production of domestic goods used.
A list of measures with the most trade-distorting effect is specified in Section IV of this Protocol.
The Member States shall not apply measures with the most trade-distorting effect.
Measures with trade-distorting effect shall include measures that may not be identified as the measures specified in paragraphs 4 and 5 of this Protocol.
The level of measures with trade-distorting effect, calculated as a percentage of the amount of state support for agriculture to the total gross value of agricultural goods manufactured, determined as the permitted amount, shall not exceed 10 percent prior to the entry into force of the obligations under the third indent of this paragraph.
The methodology for calculating the permitted level of measures with trade-distorting effect shall be developed by the Member States taking into account the international experience and approved by the Council of the Commission.
Obligations of the Member States regarding measures with trade-distorting effect shall be determined in accordance with the above methodology and approved by the Supreme Council.
The provisions of this paragraph shall be applied taking into account the transitional provisions provided for by Article 106 of the Treaty on the Eurasian Economic Union.
Upon accession of a Member State to the World Trade Organisation, obligations of the Member State regarding measures with trade-distorting effect undertaken as a condition for accession to the WTO shall become its obligations within the Union.
The amount of state support for agriculture shall be calculated in accordance with Section V of this Protocol taking into account the methodology for calculating the permitted level of measures with trade-distorting effect provided for by paragraph 8 of this Protocol.
Goods Subject to Common Rules of State Support for Agriculture
The common rules of state support for agriculture shall apply in respect of the following goods in CN of FEA EAEU:
1) CN of FEA EAEU groups 01 - 24, except for group 03 (fish and crustaceans, molluscs and other aquatic invertebrates), items 1604 (prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs) and 1605 (prepared or preserved crustaceans, molluscs and other aquatic invertebrates);
2) CN of FEA EAEU sub-item 2905 43 000 0 (mannitol);
3) CN of FEA EAEU sub-item 2905 44 (D-glucitol (sorbitol));
4) CN of FEA EAEU item 3301 (essential oils (with or without terpenes), including concretes and absolutes; resinoids; extracted essential oils; concentrates of essential oils in fats, fixed oils, waxes or similar products obtained by enfleurage or maceration; terpenic by-products of
deterpenation of essential oils; aqueous distillates and aqueous solutions of
essential oils);
CN of FEA EAEU items 3501 - 3505 (casein, caseinates and other casein derivatives; casein glues; albumins (including concentrates of two or more whey proteins containing over 80 wt. percent of whey protein based on dry matter), albuminates and other albumin derivatives; gelatin (including rectangular (including square) sheets, surface treated or untreated, coloured or uncoloured) and gelatin derivatives; fish glue; other glues of animal origin (excluding casein glues included in item 3501); peptones and their derivatives; other protein substances and their derivatives not specified or included elsewhere; hide or offal powder, chromed or non-chromed; dextrines and other modified starches (e.g., pregelatinised or esterified starches); glues based on starches or dextrins or other modified starches), except sub-items 3503 00 800 1 (dry fish glue) and 3503 00 800 2 (liquid fish glue));
CN of FEA EAEU sub-item 3809 10 (finishing agents, substances to accelerate dyeing or fix dyestuffs and other products and preparations (e.g., dressings and mordants) used in the textile, paper, leather or similar industries, not specified or included elsewhere, based on starchy substances);
CN of FEA EAEU sub-item 3824 60 (sorbitol, except sorbitol in sub-item 2905 44);
CN of FEA EAEU items 4101 - 4103 (raw hides of cattle (including buffalo) or equine animals (fresh, salted, dried, limed, pickled or otherwise preserved, except for tanned, parchment-dressed or without additional treatment), with or without hair, double or non-double; raw skins of sheep or lambs (fresh, salted, dried, limed, pickled or otherwise preserved, except for tanned, parchment-dressed or without additional treatment), with or without
hair, double or non-double, other than those excluded by Note 1c to this group; other raw hides and skins (fresh, salted, dried, limed, pickled or otherwise preserved, except for tanned, parchment-dressed or without additional treatment), with or without hair, double or non-double, other than those excluded by Note 1b or 1c to this group);
CN of FEA EAEU item 4301 (raw furskins (including heads, tails, paws and other pieces or cuttings suitable for the manufacture of fur products), other than raw hides and skins specified in CN of FEA EAEU items 4101, 4102 or 4103);
CN of FEA EAEU items 5001 00 000 0 - 5003 00 000 0 (silk cocoons suitable for reeling; raw silk (untwisted); silk waste (including cocoons unsuitable for reeling, waste cocoon filament and loose raw material));
CN of FEA EAEU items 5101 - 5103 (wool, not carded or combed; animal hair, fine or coarse, not carded or combed; waste wool, of fine or coarse animal hair, including yarn waste, but excluding garnetted raw materials);
CN of FEA EAEU items 5201 00 - 5203 00 000 0 (cotton, not carded or combed; cotton waste (including yarn waste and garnetted raw materials); cotton fibre, carded or combed);
CN of FEA EAEU item 5301 (raw flax or linen processed, but not spun; flax tow and waste (including yarn waste and garnetted raw materials));
CN of FEA EAEU item 5302 (hemp (cannabis sativa L.), raw or processed, but not spun; hemp tow and waste (including yarn waste and garnetted raw materials)).
Measures with no Trade-Distorting Effect
Measures with no trade-distorting effect implemented in the
interests of manufacturers of agricultural goods (hereinafter “the
manufacturers”) shall meet the following basic criteria:
the support shall be provided from the budget (unclaimed revenues), including under state programmes, but not at the expense of consumers' funds. Unclaimed revenues shall refer to the amount of mandatory payments rejected by the Member State permanently or temporarily;
the support shall not result in the maintenance of manufacturers'
prices.
13. In addition to the criteria specified in paragraph 12 of this Protocol, measures with no trade-distorting effect shall meet the specific criteria and conditions stipulated in paragraphs 14 to 26 of this Protocol.
14. State programmes for the provision of general services shall provide for allocation of budget funding (the use of unclaimed revenues) for the provision of services or benefits to the agriculture or rural population, with the exception of direct payments to persons engaged in the manufacture or processing of agricultural goods.
15. State programmes for the provision of general services may be carried out in the following areas:
scientific research, including general research, in connection with environmental programmes and research programmes for specific products;
pest and disease control, including general measures to combat pests and diseases, as well as measures relating to a particular product, such as early warning, quarantine and elimination systems;
general and special staff training;
dissemination of information, consultancy services, including the provision of means to facilitate the transfer of information and results of research to manufacturers and consumers;
inspection services, including general inspection services and inspections of individual agricultural goods for the purposes of healthcare, safety, standardisation and quality sorting;
services for marketing and promotion of agricultural goods, including market information, consultations and promotion of specific agricultural goods (excluding the cost of non-specific tasks that may be used by sellers to reduce selling prices of agricultural goods or provide direct economic benefits to customers);
infrastructure services, including electricity supply, roads and other means of communication, market and port facilities, water supply, dams and drainage systems, infrastructure developments in conjunction with environmental protection programmes. In all cases, the funds shall only be allocated for equipment or construction of capital and public infrastructure facilities intended for general use, with the exception of funds allocated to cover operating costs or lost profits from servicing customers with benefits.
16. State reserves to ensure food security shall be created using funds (unclaimed revenues) budgeted for the purpose of accumulation and storage of food stocks and allocated within the programme provided for by the legislation of the Member State to ensure food security and shall meet the following requirements:
the amount and accumulation of state reserves to ensure food security shall comply with the predetermined targets related solely to food security;
the process of formation and distribution of reserves shall be financially transparent;
food products shall be procured at current market prices; sales from the food reserves shall be conducted at prices not lower than the current domestic market prices for particular products of appropriate quality.
17. Domestic food aid shall be provided to the part of the population in need at the expense of budget funds (unclaimed revenues).
Domestic food aid provided shall meet the following requirements:
the right to receive domestic food aid shall be determined by the legislation of the Member State;
domestic food aid shall be provided in the form of direct food supplies to interested persons or the provision of funds for the purchase of food at market or subsidised prices by these persons;
within the framework of provision of domestic food aid, food products shall be procured at current market prices; the funding and distribution of funds shall be transparent.
18. State support measures implemented in the form of direct payments to manufacturers (the use of unclaimed revenues and payments in kind) shall comply with the criteria specified in paragraph 12 of this Protocol, as well as other criteria applicable to individual types of direct payments specified in paragraphs 19 - 26 of this Protocol. Direct payments, except for those specified in paragraphs 19 - 26 of this Protocol, shall comply with the requirements specified in sub-paragraphs 2 and 3 of paragraph 19 of this Protocol, in addition to the general criteria specified in paragraph 12 of this Protocol.
19. "Unrelated" support of manufacturers' income shall meet the following requirements:
eligibility for payments shall be determined by the legislation of the Member State depending on the level of income, status of the manufacturer, the use of production factors or the level of output in a specific fixed base period;
the amount payable shall not depend on the type or volume of products (including livestock), domestic or world prices for manufactured products and production factors;
manufacture of products shall not be required to receive payments. 20. Financial participation of authorised state government authorities in
insurance and income security programmes shall meet the following
requirements:
eligibility for payments shall depend on the losses in income (taking into account only the income derived from agricultural activities) exceeding 30 percent of the average gross income or the equivalent in the form of net income (excluding any payments received under these or similar programmes) in the previous 3-year period or of the average value for 3 years calculated on the basis of the previous 5-year period, excluding the highest and the lowest annual rates. Any manufacturer that meets this condition shall be entitled to receive payments;
the amount of compensation may not exceed 70 percent of the losses in income of a manufacturer for the year in which the manufacturer is eligible to receive the support;
the amount payable shall not depend on the type or volume of products (including livestock), domestic or world prices for manufactured products and production factors;
upon receipt by a manufacturer of agricultural products of state support within 1 calendar year in accordance with this paragraph and
paragraph 21 of this Protocol, the total amount of compensation may not exceed 100 percent of the total losses of the manufacturer.
21. Support payments in cases of natural and other disasters, exercised either directly or through the financial participation of authorised state government authorities (their authorised organisations) in insurance programmes for crops and animals shall meet the following requirements:
eligibility for payments shall arise after the official recognition by authorised state government authorities of the actual occurrence of a natural or other disaster (including disease outbreaks, pest infestation, invasion of locusts, wildfires, droughts, floods and other severe weather events, man-made events, nuclear accidents and military operations on the territory of the Member State, etc.);
the amount of payments shall be determined based on the amount of production losses exceeding 30 percent of the average output in the preceding 3-year period or the average output for 3 years calculated on the basis of the previous 5-year period, excluding the highest and the lowest annual rates;
the payments shall be made in respect of losses of income, livestock (including payments related to veterinary services for animals), retirement of agricultural land and other production factors caused by the natural or other disaster;
the amount of payments shall not exceed the total amount of the loss of the manufacturer caused by the natural or other disaster, regardless of the type or quantity of future products;
the amount of payments shall not exceed the level required to prevent or mitigate further losses as specified in sub-paragraph 3 of this paragraph;
6) upon receipt by a manufacturer of state support within 1 calendar year in accordance with this paragraph and paragraph 20 of this Protocol, the total amount of compensation may not exceed 100 percent of the total losses of the manufacturer.
Fostering structural changes through programmes encouraging manufacturers to cease their activities shall provide for the following:
1) eligibility for payments shall be based on clearly defined criteria under programmes designed to facilitate the termination of activities by persons engaged in manufacture of marketable agricultural products or their relocation to other sectors of the economy;
2) payments shall depend on termination of manufacture of marketable agricultural products by the recipient of the support in full and on an ongoing basis.
Fostering structural changes through programmes to eliminate the use of resources shall provide for the following:
1) eligibility for payments shall be based on clearly defined criteria under programmes aimed at cessation of the use of land or other resources, including livestock, for the manufacture of agricultural goods;
2) payments shall depend on the withdrawal of land from the sphere of manufacturing of marketable agricultural products for at least 3 years and, in the case of livestock, slaughtering thereof with further refuse from breeding;
3) payments shall neither require nor specify any alternative use of land and other resources withdrawn from the sphere of manufacturing of marketable agricultural products;
4) payments shall not depend on the type and amount of output, domestic or world prices for products manufactured with the use of land or other resources remaining for production.
24. Fostering structural changes by encouraging investment shall provide for the following:
eligibility for payments shall be based on the clearly defined criteria under state programmes designed to assist financial or physical restructuring activities of the manufacturer due to objectively justified structural losses. Eligibility for such payments may also be based on a clearly specified state programme for the denationalisation of agricultural lands;
the amount of payments shall not be based and shall not depend on the type or volume of manufactured products (including livestock), except for the requirement stipulated in sub-paragraph 5 of this paragraph;
the amount of payments shall not be based on and shall not depend on domestic or world prices of specific goods;
payments shall be provided only for the period required to implement the investments for which the payments are intended;
when effecting the payments, it shall not be indicated or instructed to the recipient of support which agricultural goods shall be manufactured by it, except for the requirement not to manufacture a particular product;
the payments shall be limited to the amount required for compensation of the structural losses.
25. Payments under environmental protection programmes shall be made taking into account the following:
1) eligibility for the payments shall be conditioned by the manufacturer's participation in a state programme for the protection or conservation of the environment and shall depend on the fulfilment of specific conditions provided for by the state programme, including conditions related to production methods or materials required;
the amount of payments shall be limited to the extra costs or losses of income related to the implementation of the state programme.
26. Payments under regional support programmes shall be carried out taking into account the following:
the right to the payment shall be granted to manufacturers operating in disadvantaged regions. A disadvantaged region shall refer to an administrative and (or) economic territory as determined by the legislation of the Member State;
the amount payable shall not be based on and shall not depend on the type or output of agricultural goods (including livestock), but shall be related to the reduction in the output of such goods;
the amount of payments shall not be based on and shall not depend on domestic or world prices of specific goods;
the payments shall be provided only to manufacturers in the regions eligible for the support and shall be available to all manufacturers operating in such regions;
payments related to production factors shall be carried out on a regressive scale in excess of the threshold level for this production factor;
the amount of payments shall be limited to the extra costs or losses of income related to the manufacture of agricultural goods on the specified territory.
IV. Measures with the Most Trade-Distorting Effect
27. The following measures shall be recognised as measures with the most trade-distorting effect:
effecting direct payments (including payments in kind) to specific manufacturers, a group or association of manufacturers of agricultural goods, depending on the results of export of such goods;
sale or offer for export to the territory of another Member State of non-commercial stocks of agricultural goods at prices lower than the prices for similar goods offered to purchasers in the domestic market of the Member State;
effecting payments for export to the territory of another Member State of agricultural goods funded with support from the government, at the expense of state funds and other funds, including payments financed from the proceeds of levies on agricultural product or agricultural product used as the basis for the manufacture of product exported to the territory of another Member State;
provision of state support to reduce the cost of marketing and promotion of agricultural goods for export to the territory of another Member State (except for prevalent services for the promotion of export and consultancy services), including the costs of handling, improving product quality and other processing costs, as well as costs associated with international shipments;
setting domestic tariffs for transportation of agricultural goods intended for export to the territory of another Member State on more favourable terms than determined for the transportation of agricultural goods intended for domestic consumption;
provision of state support for agriculture depending on the inclusion of agricultural goods in the list of products intended for export to the territory of another Member State.
Calculation of the Volume of State Support for Agriculture
When calculating the volume of state support for agriculture, the following shall be taken into account:
1) direct transfer of funds;
2) provision of performance guarantees (e.g., loan guarantees);
3) acquisition by the state of goods, services, securities, companies (property complexes) or a part thereof, stakes in the authorised capital of a company (including the acquisition of shares), other property, intellectual property rights, etc., at prices exceeding the market prices;
4) full or partial waiver of the collection of payments due to the state budget and the budgets of administrative-territorial entities (such as debt relief for payments due to the budget, etc.);
5) preferential or free provision of goods or services;
6) price support combining measures aimed at maintaining the level of market prices.
In case of a direct transfer of funds, the amount of state support for the agriculture shall correspond to the amount of funds provided free of charge (e.g., in the form of grants, compensations, etc.). If funds are provided on a repayment basis on more favourable terms than those in the available market (the market of bank loans, bonds, etc.), the amount of the support shall be determined as the difference between the amount that would be required to pay for the use of these funds if received in the market and the actual amount paid.
The amount of state support for agriculture under a provided performance guarantee shall be determined as the difference between the amount that would be payable on the basis of the tariff for the insurance risk
for a default of the corresponding obligations on the available insurance market and the amount payable for the provision of the guarantee to the subsidising authority.
Budgetary costs of performance guarantees shall be included into the state support in the amount of excess of the level calculated in accordance with the first indent of this paragraph.
The Member States shall include in the notices provided for in Section VI of this Protocol information allowing to assess the level of state support for the provision of state performance guarantees.
In case of acquisition by the state of goods, services, securities, companies (property complexes) or a part thereof, stakes in the authorised capital of a company (including the acquisition of shares), other property, intellectual property rights, etc., at prices exceeding the market prices, the amount of the state support for agriculture shall be calculated as the difference between the amount actually paid for the assets acquired and the amount that would be required to pay for these assets at prices prevailing in the market.
State expenditures for the acquisition of shares, increasing its equity in the authorised capital of the company, etc., meeting the conditions of normal investment practices, shall not be included in state support measures.
In case of a full or partial waiver of collection of payments due to the budgets of the Member States and administrative-territorial entities, the amount of state support for agriculture shall correspond to the amount of outstanding financial obligations of the manufacturer to the budget, including liabilities that might arise in the absence of such support. The amount of state support for agriculture in case of deferred fulfilment of an obligation shall be determined as the amount payable in the form of interest for the use of
borrowed funds equal to the amount of deferred liabilities, but obtained in the available credit market.
In case of preferential or free of charge provision of goods or services, the amount of state support for agriculture shall be calculated as the difference between the market value and the amount actually paid for the acquisition (provision) of the goods or services.
The amount of price support combining measures aimed at maintaining the level of market prices shall be calculated as the product of the amount of a particular type of agricultural goods in respect of which the price regulation was implemented or measures to control prices were applied by the difference between the domestic regulated price and the reference world price adjusted to the quality and the degree of processing of the goods (e.g., basic milk fat). Budget expenditures aimed at maintaining prices (for example, the costs of purchasing and storage of goods) shall not be included in the calculation of the amount of the price support.
VI. Notices of State Support for Agriculture
35. The Member States shall notify each other and the Commission in writing of all programmes of state support for agriculture planned in the current year, at the federal or national levels, as well as at the level of administrative-territorial entities, including information on the amount and procedure for the provision of the state support for agriculture. The notice shall contain sufficient information for the authorised authorities of the Member State and the Commission to assess the amount of state support for agriculture provided by the Member States and its compliance with this Protocol. The Member States shall not subsume to a classified information
category the information on the state support for agriculture provided. The Member States shall send the notices to each other and to the Commission annually, not later than on May 1.
The Member States shall send to each other and to the Commission the notices specified in paragraph 35 of this Protocol, containing information on the expenditures in the federal or republican budgets broken down by sections, subsections and types of functional and departmental classifications of expenditures, as well as rules on the procedure and scope of the provision of state support for agriculture. Budget expenditures of administrative-territorial entities of the Member States shall be reflected in the notices in any other way.
A list of sources of information on the volumes and areas of state support for agriculture, at the federal or national levels, as well as at the level of administrative-territorial entities, shall be submitted by a Member State or an authorised authority of a Member State at the request of another Member State or the Commission.
Authorised authorities of the Member States shall send to each other and to the Commission notices indicating the state support for agriculture provided during the reporting year on the territory of their states before December 1 of the year following the reporting year.
The form of notices of the programmes of state support for agriculture planned for the current year and of the state support for agriculture provided in the reporting year shall be developed by the Commission in cooperation with the Member States and approved by the Commission.
VII. Liabilities of the Member States
40. In case of violation of the provisions of paragraphs 6 and 8 of this Protocol by a Member State, the Member State shall, within a reasonable time, cease the provision of measures with the most trade-distorting effect or measures with trade-distorting effect provided in excess of the permitted amount, and shall pay to other Member States a compensation equal to the amount of measures with the most trade-distorting effect or the amount of measures with trade-distorting effect exceeding the permitted amount. The procedure for payment of the compensation shall be determined by the Council of the Commission. In case of a failure by a Member State to pay the above compensation, other Member States shall be entitled to introduce response measures.
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to the Treaty on the Eurasian Economic Union
P R O T O C O L
on Provision of Medical Treatment of
Workers of the Member States and their Family Members
This Protocol has been developed in accordance with Section XXVI of the Treaty on the Eurasian Economic Union and governs the provision of medical treatment to workers of the Member States and their family members.
The terms used in this Protocol shall have the following meanings: "state of permanent residence" means a state of which a patient is a
national;
"medical (healthcare) organisation" means a juridical person, regardless of its organisational legal form, performing medical activities as its core (statutory) activities under a license issued in accordance with the procedure determined by the legislation of a Member State, or another juridical person, regardless of its organisational legal form, performing medical activities along with its core (statutory) activities, or a natural person registered as an individual entrepreneur engaged in medical activities in accordance with the legislation of a Member State;
"medical evacuation" means transportation of a patient in order to save his|her life and preserve his|her health (including patients in life-threatening conditions who cannot be properly treated in medical (healthcare) organisations, in which they are located, and patients affected by emergencies
and natural disasters, as well as suffering from diseases posing a threat to others);
"patient" means a worker of a Member State or his|her family member receiving or seeking medical care, regardless of their diseases and condition;
"emergency medical care" means a set of medical services provided at unexpected acute diseases and conditions and exacerbation of chronic diseases without any evident signs of threat to the life of the patient;
"rescue emergency care" means a set of medical services provided for acute diseases, accidents, injuries, poisoning and other conditions that threaten the life of a patient.
The state of employment shall provide medical treatment to workers of the Member States and members of their families in accordance with the procedure and under the conditions that are determined by the legislation of the state of employment and by international treaties.
The Member States shall grant workers of the Member States and their family members the right to receive free emergency medical care and rescue emergency care in their territories in accordance with the same procedure and under the same conditions as to the nationals of the state of employment.
Emergency medical care and rescue emergency care shall be provided to workers of the Member States and their family members by medical (healthcare) organisations of the state and municipal healthcare systems of the state of employment free of charge, regardless of the availability of a health insurance policy.
All costs of medical (healthcare) organisations incurred in the provision of emergency medical care and rescue emergency care to workers of the Member States and their family members shall be reimbursed from the
relevant budgets of the budget system of the state of employment in accordance with the effective system of healthcare funding.
5. In the event of continued treatment of a patient in a medical (healthcare) organisation of the state of employment after the elimination of the immediate threat to his|her life or the health of others, the actual costs of the services rendered shall be paid directly by the patient or from other sources not prohibited by the legislation of the state of employment according to the tariffs or negotiated prices.
6. When medical evacuation of a patient to the state of his|her permanent residence is required, the patient's health records shall be sent by the medical (healthcare) organisation to the embassy and (or) the authorised authority (organisation) of the state of permanent residence.
The possibility of a patient's medical evacuation and the procedure of the medical evacuation shall be determined in accordance with the legislation of the Member States. Medical evacuation shall be performed by mobile ambulance teams providing the required medical care to the patient during the transportation, including with the use of medical equipment.
Costs associated with the medical evacuation of a patient shall be reimbursed from the relevant budget of the budgetary system of the state of permanent residence in accordance with the effective system of healthcare funding or from other sources not prohibited by the legislation of the state of permanent residence.
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to the Treaty on the Eurasian Economic Union
P R O T O C O L
on the Functioning of the Eurasian Economic Union within the Multilateral Trading System
Within the Union, all corresponding relations shall be governed by the Treaty on the Functioning of the Customs Union within the Multilateral Trading System of May 19, 2011.
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to the Treaty on the Eurasian Economic Union
R E G U L A T I O N
on Social Guarantees, Privileges and Immunities within the Eurasian Economic Union
General provisions
The terms used in this Regulation shall have the following meanings: "host state" means a Member State of location of a Body of the Union; "premises of the Bodies of the Union" means buildings or parts of
buildings used for official purposes as well as for the residence of members of the Board of the Commission, judges of the Court of the Union, officials and employees;
"representatives of the Member States" means heads and members of delegations sent by the Member States to the meetings of the Bodies of the Union and events held within the Union;
"social security (social insurance)" means compulsory insurance against temporary disability and maternity insurance, compulsory insurance against occupational accidents and diseases and compulsory health insurance; "family members of members of the Board of the Commission, judges of the Court of the Union, and officials" means spouses, minor children and
dependent persons residing permanently with members of the Board of the Commission, judges of the Court of the Union, and officials;
"family members of employees" means spouses and minor children residing permanently with employees.
Members of the Board of the Commission, judges of the Court of the Union, officials and employees shall be international public servants. When exercising their powers (in the performance of official (service) duties), they shall not seek or receive instructions from state government authorities or officials of the Member States, as well as from authorities of any states that are not members of the Union. They shall refrain from any action incompatible with their status of international public servants.
Each Member State shall be obliged to strictly respect the international nature of powers of members of the Board of the Commission, judges of the Court of the Union, officials and employees, and shall not influence them in the performance of their service duties.
Privileges and Immunities of the Union
The property and assets of the Bodies of the Union shall enjoy immunity against any form of administrative or judicial intervention, except in cases when the Union waives its immunity.
Premises of the Bodies of the Union, as well as its archives and documents, including official correspondence, regardless of their location, shall be immune against searches, requisitions, confiscations or any other form of intervention preventing the normal functioning of these Bodies.
Representatives of relevant state government and administration authorities of the host state may not enter the premises of the Bodies of the Union except with the consent of the Chairman of the Board of the Commission, the Chairman of the Court of the Union or their representatives and on the conditions approved by them, except in the case of fire or other circumstances requiring immediate protection measures.
Any actions performed by decision of the relevant state government and administration authorities of the host state may be enforced in the premises of the Bodies of the Union only with the consent of the Chairman of the Board of the Commission, the Chairman of the Court of the Union or their substitutes.
Premises of the Bodies of the Union may not serve as a refuge for persons persecuted under the laws of any Member State or persons to be released to a Member State or any state that is not a member of the Union.
The inviolability of the premises of the Bodies of the Union shall not allow their use for any purposes incompatible with the functions and tasks of the Union or detrimental to the security and interests of natural persons or juridical persons of the Member States.
The host state shall take appropriate measures to protect the premises of the Union against any intervention or damage.
The Bodies of the Union shall be exempt from taxes, duties, fees and other charges collected in the host state, except for payments for specific services and payments (deductions and contributions) payable under paragraphs 44 and 45 of this Regulation.
Objects and other property intended for official use by the Bodies of the Union shall be exempt from customs duties, taxes and customs fees on the territories of the Member States.
With regard to their official means of communications, the Bodies of the Union shall apply conditions not less favourable than those provided by the host state to diplomatic missions.
The Bodies of the Union may place the flag, emblem or any other symbol of the Union on the premises occupied by them and their vehicles.
Subject to compliance with the legislation of the Member States, the Bodies of the Union may, in accordance with their purposes and functions, publish and distribute printed materials the publication of which is provided for by international treaties and acts constituting the law of the Union.
The host state shall assist the Union in purchasing or obtaining the premises required for the implementation by the Bodies of the Union of their functions.
The Union shall cooperate with the relevant state government and administration authorities of the Member States in order to ensure proper administration of justice and compliance with the directions of law enforcement agencies, as well as to prevent any abuse of the privileges and immunities provided for by this Regulation.
Privileges and Immunities of Members of the Board of the Commission, Judges of the Court of the Union, Officials and Employees
Members of the Board of the Commission and judges of the Court of the Union, if they are not nationals of the host state, shall enjoy the privileges and immunities to the extent provided for by the Vienna Convention on Diplomatic Relations of April 18, 1961 for a diplomatic agent.
This immunities shall not extend to the following cases:
property claims relating to private immovable property located on the territory of the host state;
claims relating to succession, when a member of the Board of the Commission, a judge of the Court of the Union or a family member acts as a
testamentary executor, a trustee for the inherited property, an heir or a legatee as a private person and not on behalf of a Body of the Union;
claims relating to professional activities extending beyond the powers provided for by the Treaty on the Eurasian Economic Union (hereinafter “the Treaty”).
The provisions of sub-paragraph 1 of paragraph 19 of this Regulation shall apply to members of the Board of the Commission and judges of the Court of the Union, who are nationals of the host state.
Family members of members of the Board of the Commission and judges of the Court of the Union residing with them, if these family members are not nationals of the host state, shall be subject to the provisions of sub-paragraphs 3 to 5 of paragraph 19 of this Regulation.
Family members of members of the Board of the Commission and judges of the Court of the Union, if they are nationals of the host state and (or) permanently reside in its territory, shall not enjoy the immunity against civil jurisdiction of the host state under claims for damages in connection with a traffic accident caused by a vehicle belonging to or driven by such a family member.
19. Officials shall:
not be subject to criminal, civil and administrative liability for words spoken or written by them and all actions performed by them in their official capacity;
be exempt from taxation of salaries and other remuneration paid by the Bodies of the Union;
be exempt from national service obligations;
be exempt from the restrictions on entry to and departure from the host state, from registration as aliens and from obtaining temporary residence permits;
enjoy the same repatriation privileges as diplomatic envoys in the time of an international crisis.
20. Officials, if they are nationals of the host state and (or) permanently reside in its territory, shall not be subject to the provisions of sub-paragraphs 2 to 5 paragraph 19 of this Regulation.
21. Family members of officials residing with them, if they are not nationals of the host state and (or) do not permanently reside in its territory, shall be subject to the provisions of sub-paragraphs 3 to 5 paragraph 19 of this Regulation.
22. Accreditation of members of the Board of the Commission, judges of the Court of the Union, officials and employees shall be governed by international treaties on the conditions of stay of the Bodies of the Union on the territory of the host state.
23. Members of the Board of the Commission, judges of the Court of the Union, officials and employees shall not engage in any entrepreneurial or other business activities for their personal benefit or the benefit of other persons, except for scientific, artistic and teaching activities.
Any income generated from such scientific, artistic or teaching activities shall be taxable in accordance with international treaties and the legislation of the host state.
24. Members of the Board of the Commission, judges of the Court of the Union, officials and their family members shall comply with the legislation of the host state relating to insurance against damage that may be caused to third persons in connection with the use of a vehicle.
Employees shall not be subject to the jurisdiction of any judicial or administrative authorities of the host state in respect of actions committed as part of the direct performance of their service duties, except in cases of filing:
1) claims for damages in connection with a traffic accident caused by a vehicle belonging to or driven by an employee;
2) claims for death or personal injury caused by actions of employees.
Employees shall be exempt from the restrictions on entry to and departure from the host state, from registration as aliens and from obtaining temporary residence permits.
The provisions of paragraphs 25 and 26 of this Regulation shall not apply to the relations between employees and state government and administration authorities of the Member State of their nationality.
Privileges and immunities enjoyed by members of the Board of the Commission, judges of the Court of the Union, officials and employees shall not be provided for their personal benefit, but for the efficient and independent exercise of their powers (performance of official (service) duties) in the interests of the Union.
Members of the Board of the Commission, judges of the Court of the Union, officials, employees and their family members shall enjoy the privileges and immunities provided for by this Regulation from the time of their entry into the territory of the host state, on the way to their destination, or, if they are already on the territory of the host state, from the time of assumption by members of the Board of the Commission, judges of the Court of the Union, officials and employees of their powers (official (service) duties).
Upon termination of the powers (performance of official (service) duties) of members of the Board of the Commission, judges of the Court of
the Union, officials or employees, their privileges and immunities, as well as privileges and immunities of their family members residing with them, shall normally cease at the time of the departure of such persons from the host state or within a reasonable time allocated to depart from the host state, whichever occurs first. Privileges and immunities of family members shall terminate if they cease to be family members of members of the Board of the Commission, judges of the Court of the Union, officials or employees. In this case, if such persons intend to leave the host state within a reasonable time, their privileges and immunities shall remain valid until the time of their departure.
In case of death of a member of the Board of the Commission, judge of the Court of the Union, an official or an employee, members of their families having resided with them shall continue to enjoy their privileges and immunities until the time of their departure from the host state or until the expiration of a reasonable time allocated to depart from the host state, whichever comes first.
Criminal, civil and administrative jurisdictional immunities of a member of the Board of the Commission, a judge of the Court of the Union or an official in respect of words spoken or written in the framework of their functions and all actions performed in their official capacities shall remain valid after the termination of their powers. This paragraph shall apply without prejudice to cases of liability of members of the Board of the Commission, judges of the Court of the Union or officials provided for by the Treaty or the international treaties within the Union.
All persons enjoying privileges and immunities in accordance with this Regulation shall, without prejudice to their privileges and immunities,
respect the legislation of the host state. They shall also not be entitled to
interfere with internal affairs of such host state.
A member of the Board of the Commission, a judge of the Court of the Union, an official or an employee may be deprived of immunity, if such immunity prevents the administration of justice and the lifting of such immunity does not prejudice the purposes for which it was granted.
Immunity may be lifted:
in respect of a member of the Board of the Commission and a judge of the Court of the Union, by the Supreme Council;
in respect of officials and employees of the Commission, by the Council of the Commission;
in respect of officials and employees of the Court of the Union, by the Chairman of the Court of the Union.
36. A waiver of immunity shall be executed in writing and shall be specifically expressed.
IV. Privileges and Immunities of Representative of the Member States
37. In the exercise of their official functions and when travelling to the location of events organised by the Bodies of the Union on the territories of the Member States, representatives of the Member States shall enjoy the following privileges and immunities:
immunity from personal arrest or detention and from the jurisdiction of judicial and administrative authorities in respect of all actions that may be committed by them in that capacity;
inviolability of dwelling;
exemption of accompanied luggage and hand luggage from customs inspections, unless there are serious grounds to believe that they contain articles and other property not intended for official or personal use, or objects and other property the import or export of which is prohibited or restricted by the legislation of the Member State hosting the event;
exemption from the restrictions on entry to and exit from the host state and from registration as aliens and from obtaining temporary residence permits.
38. The provisions of paragraph 37 of this Regulation shall not apply to relations between a representative of a Member State and authorities of the Member State of current or previous nationality of such representative.
39. The privileges and immunities enjoyed by representatives of the Member States shall not be provided for their personal benefit but for the efficient and independent exercise of their official functions in the interests of their Member State.
40. Premises occupied by representatives of the Member States, all furnishings and other property, as well as vehicles used by such representatives for official business, shall be immune from search, requisition, arrest or any enforcement process.
41. Archives and documents of the Member States shall be inviolable at any time and regardless of the media used and of their location.
42. If it is not inconsistent with the laws and regulations concerning zones of prohibited or restricted entry for reasons of national security, the host state shall provide all representatives of the Member States freedom of movement and travel throughout its territory to the extent required for the performance of their official functions.
Labour Relations and Social Guarantees in the Bodies of the Union
Labour relations of members of the Board of the Commission, judges of the Court of the Union, officials and employees shall be governed by the legislation of the host state, taking into account the provisions of this Regulation.
Pension benefits of members of the Board of the Commission, judges of the Court of the Union, officials and employees shall be governed by the legislation of the Member State of their nationality.
Mandatory pension contributions of members of the Board of the Commission, judges of the Court of the Union, officials and employees shall be made by the Bodies of the Union, without any deductions from their salaries, from the Budget of the Union to the pension funds of the Member States of their nationality, in accordance with the procedure and in the
amounts determined by the legislation the respective Member States. Pensions to members of the Board of the Commission, judges of the Court of the Union, officials and employees shall be paid by the Member State of their nationality.
45. Social security (social insurance), except for pension insurance, and social insurance benefits for members of the Board of the Commission, judges of the Court of the Union, officials and employees shall be provided in accordance with the legislation of the host state under the same conditions and in accordance with the same procedure as applied to all nationals of the host state.
Social security (social insurance) contributions, except for pension insurance contributions, from payments to members of the Board of the Commission, judges of the Court of the Union, officials and employees shall
be paid from the Budget of the Union in accordance with the procedure determined by the legislation of the host state.
Social security (social insurance) benefits shall be paid by the host state without mutual settlements with other Member States.
For the purposes of determining pensions or social security (social insurance) benefits, the length of pensionable service or seniority shall include the period of service as a member of the Board of the Commission, judge of the Court of the Union, official or employee in accordance with the legislation of the Member State of their nationality.
The period of service as a member of the Board of the Commission, judge of the Court of the Union, official or employee shall be included in the length of pensionable service or seniority when determining their pensions in accordance with the legislation of the Member State of their nationality and in accordance with the legislation of the host state when determining social security (social insurance) benefits.
Earnings received by members of the Board of the Commission, judges of the Court of the Union, officials and employees during the period of their office shall be taken into account when determining the amounts of their pensions in accordance with the legislation of the Member State of their nationality, and in accordance with the legislation of the host state when determining the amounts of social security (social insurance) benefits.
During the period of their office, members of the Board of the Commission and judges of the Court of the Union shall be provided with the following social guarantees:
1) a paid annual leave of 45 calendar days;
2) medical care, including for family members, as well as
transportation services paid from the Budget of the Union;
provision of the Union of official residential premises, paid from the Budget of the Union, to members of the Board of the Commission and judges of the Court of the Union (with their family members) if they do not have residential premises on the territory of the city of location of the respective Body of the Union;
inclusion of the period of office for a member of the Board of the Commission in the period of public (civil) service in the provision of social guarantees provided for by the legislation of the Member State of his|her nationality for public servants (federal civil servants), as well as in the period of office of a minister (federal minister) in determining for a minister (federal minister) the amount of (eligibility for) pension (social) security (monthly supplements to pensions) provided for by the legislation of the Member State of nationality of the member of the Board of the Commission;
inclusion of the period of office for judges of the Court of the Union in the seniority of the judge in the Member States of nationality of such judges of the Court of the Union.
49. The provision of social guarantees (including medical care and transportation services) to members of the Board of the Commission and judges of the Court of the Union shall be regulated by the competent authority of the host state.
50. Upon retirement from their office (except in cases of early termination of powers provided for by the Regulation on the Eurasian Economic Commission, members of the Board of the Commission who are nationals of the Russian Federation (Annex 1 to the Treaty)) shall be entitled to a monthly supplement to the insured old age (disability) pension. The rate of the monthly supplement to the pension shall be determined in the amounts, in accordance with the procedure and under the conditions provided for by
the legislation of the Russian Federation for federal ministers. Decisions determining monthly supplements to pensions shall be made by the head of the federal executive authority responsible for the formulation and implementation of the state policy and legal regulation in the sphere of pension provision. Monthly supplement to the pension shall be determined from the federal budget.
Upon termination of his|her powers, a judge of the Court of the Union shall be entitled to guarantees and allowances provided for by the legislation of the Member State for the Chairman of the Supreme Court of the Member State that has appointed the judge of the Court of the Union. These guarantees and allowances shall be determined for a judge of the Court of the Union in accordance with the procedure determined by the legislation of the Member State that has appointed the judge.
During the period of performance of their official (service) duties, officials, employees and their family members shall be provided with medical care paid from the Budget of the Union, directors of the departments of the Commission and the Head of the Secretariat of the Court of the Union shall also be provided with transportation services paid from the Budget of the Union.
During the period of performance of their official (service) duties, officials and employees who do not have residential premises on the territory of the city of location of the respective Body of the Union shall be provided with service residential premises (including for their family members) paid from the Budget of the Union.
Officials and employees of the Commission and the Court of the Union who are nationals of the Russian Federation, if they have occupied federal public (civil) service positions prior to the employment at the
Commission and the Court of the Union, have been dismissed from offices held at the Commission and the Court of the Union (except for cases of dismissal due to any wrongful actions), and having served in civil service for at least 15 years, shall be entitled to a longevity pension to be determined in accordance with the procedure provided for by the legislation of the Russian Federation for federal civil servants, if immediately prior to their dismissal from the Commission and the Court of the Union they have occupied their positions for at least 12 months. Recommendations (decisions) determining the longevity pension shall be made by the head of the federal executive authority responsible for the formulation and implementation of the state policy and legal regulation in the sphere of pension provision upon recommendation of the Chairman of the Board of the Commission and the Chairman of the Court of the Union.
The amounts of longevity pensions shall be calculated on the basis of the average monthly salary of an official or employee, the maximum amount of which shall be determined with respect to the basic salaries (monetary remuneration) determined for civil service positions of equal status according to the list of correspondence of positions of officials and employees of the Commission and the Court to the federal civil service positions at the Office of the Government of the Russian Federation and the administration of the Supreme Court of the Russian Federation, as approved by the Government of the Russian Federation.
Longevity pension, under the legislation of the Russian Federation, shall be paid from the federal budget.
54. The period of employment of officials and employees of the Commission and the Court of the Union shall be included in the duration of their public (civil) service in the Member State of their nationality for the
purposes of determining social guarantees for the period of public (civil) service and for granting longevity pension of public servants (federal civil servants).
55. The procedure for the provision of medical care and transportation service to members of the Board of the Commission, judges of the Court of the Union, officials and employees, as well as their family members, shall be determined by the Intergovernmental Council.
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to the Treaty on the Eurasian Economic Union
P R O T O C O L
on the Termination of the International Treaties Concluded within the Formation of the Customs Union and the Common Economic Space in Connection with the Entry into Force of the Treaty on the Eurasian Economic Union
In connection with the entry into force of the Treaty on the Eurasian
Economic Union (hereinafter “the Treaty”) the following international treaties concluded within the establishment of the Customs Union and the Common Economic Space shall cease to be effective.
International treaties terminating as of the effective date of the Treaty
Treaty on the Establishment of a Common Customs Territory and the Formation of the Customs Union of October 6, 2007.
Protocol on the Procedure for Bringing into Force International Treaties Aimed at Formation of the Legal Framework of the Customs Union, Withdrawal from and Accession to Such Treaties of October 6, 2007.
Agreement on Customs Statistics of Foreign and Mutual Trade in Goods of the Customs Union of January 25, 2008.
Agreement on Common Customs and Tariff Regulation of January 25,
2008.
Agreement on Common Non-Tariff Regulatory Measures in Relation to Third Countries of January 25, 2008
Agreement on Application of Safeguard, Anti-Dumping and Countervailing Measures in Relation to Third Countries of January 25, 2008.
Agreement on the Principles of Collection of Indirect Taxes on the Export and Import of Goods, Performance of Works and Provision of Services in the Customs Union of January 25, 2008.
Protocol on Granting Tariff Exemptions of December 12, 2008.
Protocol on Ensuring Uniform Application of Rules for Determining the Customs Value of Goods Moved Across the Customs Border of the Customs Union of December 12, 2008.
Protocol on the Exchange of Information Required to Determine and Control the Customs Value of Goods Between the Customs Authorities of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of December 12, 2008.
Protocol on the Conditions and Procedure for the Application in Exceptional Cases of Import Customs Duties Different from the Rates of the Common Customs Tariff of December 12, 2008.
Agreement on the Types of Customs Procedures and Customs Regimes of December 12, 2008.
Agreement on the Procedure for Declaring the Customs Value of Goods Moved across the Customs Border of the Customs Union of December 12, 2008.
Agreement on the Procedure for Declaring Goods of December 12,
2008.
Agreement on the Procedure for Calculation and Payment of Customs Duties in the Member States of the Customs Union of December 12, 2008.
Agreement on the Procedure for Exercising Control over Correct Determination of the Customs Value of Goods Moved across the Customs Border of the Customs Union of December 12, 2008.
Agreement on the Procedure for Customs Clearance and Customs Control in the Participating States of the Customs Union of December 12, 2008.
Agreement on the Secretariat of the Commission of the Customs Union of December 12, 2008.
Agreement on the Conditions and Mechanism of Application of Tariff Quotas of December 12, 2008.
Agreement on the Procedure for Introduction and Application of Measures Affecting Foreign Trade in Goods on the Common Customs Territory with Regard to Third Countries of June 9, 2009.
Agreement on Licensing Rules in the Sphere of Foreign Trade in Goods of June 9, 2009.
Protocol on the Procedure for Collection of Indirect Taxes and the Mechanism of Control over their Payment in Export and Import of Goods in the Customs Union of December 11, 2009.
Protocol on the Procedure for Collection of Indirect Taxes in Performance of Works and Provision of Services in the Customs Union of December 11, 2009.
Protocol on the Procedure for Transfer of Statistics on Foreign Trade and Statistics on Mutual Trade of December 11, 2009.
Protocol on the Status of the Centre of Customs Statistics of the Commission of the Customs Union of December 11, 2009.
Agreement on Mutual Recognition of Accreditation of Certification
(Conformity Assessment (Confirmation)) Authorities and Testing
Laboratories (Centres) Performing Assessment (Confirmation) Activities of
December 11, 2009.
Agreement on Circulation of Products Subject to Mandatory Conformity Assessment (Confirmation) on the Customs Territory of the Customs Union of December 11, 2009.
Agreement of the Customs Union on Veterinary-Sanitary Measures of December 11, 2009.
Agreement of the Customs Union on Plant Quarantine of December 11, 2009.
Agreement of the Customs Union on Sanitary Measures of December 11, 2009.
Protocol of December 11, 2009 on Amendments to the Agreement on the Principles of Indirect Taxation in Export and Import of Goods, Performance of Works and Provision of Services in the Customs Union of January 25, 2008.
Agreement on Determination and Application in the Customs Union of the Procedure for Transferring and Distributing Import Customs Duties (other Duties, Taxes and Fees Having Equivalent Effect) of May 20, 2010.
Protocol of May 21, 2010 on the Amendments to the Agreement of the Customs Union on Plant Quarantine of December 11, 2009.
Protocol of May 21, 2010 on the Amendments to the Agreement of the Customs Union on Veterinary-Sanitary Measures of December 11, 2009.
Protocol of May 21, 2010 on the Amendments to the Agreement of the Customs Union on Sanitary Measures of December 11, 2009.
Protocol on Certain Temporary Exceptions from the Regime of Functioning of the Common Customs Territory of the Customs Union of July 5, 2010.
Agreement on Application of Information Technology in the Exchange of Electronic Documents in Foreign and Mutual Trade on the Common Customs Territory of the Customs Union of September 21, 2010.
Agreement on Establishment, Functioning and Development of an Integrated Information System of Foreign and Mutual Trade of the Customs Union of September 21, 2010.
Agreement on the Common Principles and Rules of Technical Regulation in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of November 18, 2010.
Protocol on the Procedure for the Submission of Information Containing Confidential Information to the Investigating Authority for the Purposes of Investigation, prior to the Introduction of Safeguard, Anti-dumping and Countervailing Measures in Relation to Third Countries of November 19, 2010.
Agreement on Application of Safeguard, Anti-Dumping and Countervailing Measures in the Transitional Period of November 19, 2010.
Agreement on the Legal Status of Migrant Workers and their Family Members of November 19, 2010.
Agreement on the Access to Services of Natural Monopoly Entities in the Sphere of Electric Power, including Pricing and Tariff Policy Framework of November 19, 2010.
Agreement on State (Municipal) Procurement of December 9, 2010.
Agreement on the Common Rules of State Support for Agriculture of December 9, 2010.
Agreement on the Common Rules for the Provision of Industrial Subsidies of December 9, 2010.
Agreement on the Common Principles and Rules of Competition of December 9, 2010.
Agreement on the Common Principles and Rules of Regulation of the Activities of Natural Monopoly Entities of December 9, 2010.
Agreement on the Common Principles of Regulation in the Sphere of Protection and Enforcement of Intellectual Property Rights of December 9, 2010.
Agreement on the Procedure of Organisation, Management, Functioning and Development of Common Markets of Oil and Petroleum Products in the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation of December 9, 2010.
Agreement on the Access Rules for Services of Natural Monopoly Entities in the Sphere of Gas Transportation via Gas Transportation Systems, including Pricing and Tariff Policy Framework of December 9, 2010.
Agreement on Regulation of Access to Rail Transport Services, including Tariff Policy Framework of December 9, 2010.
Agreement on Agreed Macroeconomic Policy of December 9, 2010.
Agreement on Agreed Principles of Monetary Policy of December 9,
2010.
Agreement on Establishment of Conditions in the Financial Markets to Ensure Free Movement of Capital of December 9, 2010.
Agreement on Trade in Services and Investment in the Member States of the Common Economic Spaceof December 9, 2010.
Agreement on Implementation of Transport (Road) Control at the External Border of the Customs Union of June 22, 2011.
Protocol of October 18, 2011 on Introduction of Amendments and Additions to the Agreement on the Application of Safeguard, Anti-Dumping
and Countervailing Measures in Relation to Third Countries of January 25,
2008.
Protocol on the Procedure for the Exchange of Information Relating to the Payment of Import Customs Duties of October 19, 2011.
Treaty on the Eurasian Economic Commission of November 18,
2011.
Treaty on Cooperation of the Authorised Authorities of States that are Participants to the Agreement on Agreed Principles of Monetary Policy of December 9, 2010 Carrying out Currency Control of December 15, 2011.
Agreement on Information Exchange in the Sphere of Statistics of May 29, 2013.
Protocol of August 24, 2012 on Amendments to the Protocol on the Conditions and Procedure for the Application in Exceptional Cases of Import Customs Duties Different from the Rates of the Common Customs Tariff of December 12, 2008.
Protocol of June 21, 2013 on Amendments to the Agreement on the Conditions and Mechanism of Application of Tariff Quotas of December 12, 2008.
Protocol of September 25, 2013 on Amending the Agreement on the Common Customs Tariff Regulation of January 25, 2008.
International treaties terminating on the effective dates of respective decisions of the Commission pursuant to Article 102 of the Treaty
1. Agreement on the Common Rules for Determining the Country of
Origin of Goods of January 25, 2008.
Protocol on the Common System of Tariff Preferences of the Customs Union of December 12, 2008.
Agreement on the Rules for Determining the Origin of Goods from Developing and Least Developed Countries of December 12, 2008.
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