On the ratification of the Agreement on Common Rules for State Support of Agriculture

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The Law of the Republic of Kazakhstan dated July 22, 2011 No. 474-IV.

RCPI's note! The Agreement is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).

To ratify the Agreement on Common Rules for State Support of Agriculture, signed in Moscow on December 9, 2010.

President

Republic of Kazakhstan

N. NAZARBAYEV

AGREEMENT on Common Rules for State support of Agriculture (Entered into force on January 1, 2012) - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 1, art. 8

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

based on the Agreement on the Customs Union of January 20, 1995, the Treaty on the Customs Union and the Single Economic Space of February 26, 1999, the Treaty on the Creation of a Single Customs Territory and the Formation of the Customs Union of October 6, 2007,

Aware of the need to further develop a mutually beneficial, fair and market-oriented agricultural trade system,

in order to ensure the consistency of the positions of the member States of the Customs Union upon accession to the World Trade Organization,

guided by the principles of international law,

agreed on the following:

Article 1 Subject of the Agreement

1. The subject of this Agreement is the establishment of rules for the implementation of state support for producers of agricultural goods.

2. This Agreement is valid on the territory of the Common Economic Space of the States of the Parties and applies to the goods specified in Annex No. 1, which is an integral part of this Agreement (hereinafter referred to as agricultural goods).

Article 2 Definitions

The terms used in this Agreement mean the following:

"administrative-territorial units" – subjects of the Russian Federation and (or) regions of the Republic of Belarus and the Republic of Kazakhstan (including Minsk, Astana and Almaty);

"State support for agriculture" means financial assistance provided by the government or other state body of the State of the Party or local government to producers of agricultural goods directly or through an agent authorized by them.

The procedure for calculating the amount of state support for agriculture is presented in Appendix No. 2, which is an integral part of this Agreement.;

"subsidizing body" means one or more state bodies or local self–government bodies of the States of the Parties that make decisions in the field of providing state support to agriculture.

The subsidizing body, in accordance with the legislation of the States of the Parties, may instruct or order an authorized agent (any other organization) to perform one or more functions assigned to it related to the provision of state support measures for agriculture. Such actions of the authorized agent will be considered as actions of the subsidizing authority.

The actions of the President of the State of the Party aimed at providing state support measures for agriculture are considered as actions of the subsidizing body.

Article 3 Classification of state support measures for agriculture according to the degree of distorting effect on trade

1. Measures of state support for agriculture are divided into:

1) measures that do not have a distorting effect on the mutual trade of the States of the Parties in agricultural goods (hereinafter referred to as measures that do not have a distorting effect on trade);

2) measures having the greatest distorting effect on the trade of the States of the Parties in agricultural goods (hereinafter referred to as measures having the greatest distorting effect on trade);

3) measures that have a distorting effect on the mutual trade of the States of the Parties in agricultural goods (hereinafter referred to as measures that have a distorting effect on trade).

2. Measures that do not have a distorting effect on trade include those listed in Appendix No. 3, which is an integral part of this Agreement.

3. The measures that most distort trade include:

measures of state support for agriculture, the provision of which is linked as the only or one of several conditions with the results of the export of agricultural goods from the territory of the State of the Party providing this measure of state support for agriculture to the territory of the state of any other Party, implemented or possible in the future. An illustrative list of such support measures is provided in Appendix No. 4, which is an integral part of this Agreement.;

measures of state support for agriculture, the provision of which is linked as the only or one of several conditions with the use of agricultural goods originating exclusively from the territory of the State of the Party providing such state support to agriculture in the production of agricultural goods in the territory of the State of this Party.

4. Measures that have a distorting effect on trade include measures that cannot be classified as measures that do not have a distorting effect on trade, or measures that have the greatest distorting effect on trade, as specified in paragraphs 2 and 3 of this article.

Article 4 Application of measures that do not have a distorting effect on trade

Measures that do not have a distorting effect on trade may be applied by the Parties without restrictions.

Article 5 Application of measures that have the greatest distorting effect on trade

The Parties do not apply measures that have the greatest distorting effect on trade.

Article 6 Application of measures having a distorting effect on trade

1. The level of measures that have a distorting effect on trade, calculated as a percentage of the volume of state support for agriculture to the gross value of agricultural goods produced as a whole, defined as the permitted volume, should not exceed 10 percent.

2. A transition period is set for the Republic of Belarus until 2016, during which the Republic of Belarus undertakes to reduce the permitted volume as follows:

In 2011, it was 16 percent.;

In 2012, it was 15 percent.;

In 2013, it was 14 percent.;

In 2014, it was 13 percent.;

In 2015, it was 12 percent.;

In 2016, it was 10 percent.

3. After the accession of a State Party to the World Trade Organization, the level of measures specified in paragraph 1 of this Article shall be established within the limits of the obligations of such State Party in the World Trade Organization.

Article 7 Notification

1. The Parties shall notify each other in writing of all state support programs for agriculture planned for the next year, implemented at the federal and (or) republican levels. The notification should contain sufficient information so that the authorized bodies of each Party can assess the amount of state support provided by the Parties to agriculture and its compliance with this Agreement. The Parties do not transfer all information about government support for agriculture to the restricted access information section. The Parties provide each other and the Customs Union Commission with notifications annually, no later than December 1 of the current year.

2. The Parties shall send each other the notifications specified in paragraph 1 of this Article containing the expenditure parts of federal or republican budget projects provided by sections, subsections and types of functional and departmental classifications of expenditures, as well as norms on the procedure and scope of state support for agriculture, when submitting such projects to the highest legislative authorities of the States of the Parties. In the event of a change in the state of one Party to the draft federal or republican budget in order to include or withdraw from it any program for providing state support to agriculture, the relevant Party shall notify the other Parties in writing no later than 30 days after making changes to the draft.

In the case of amendments in the state of one Party to the federal or republican budget for the current year concerning the provision of state support for agriculture, this Party shall notify the other Parties in writing no later than 20 days before the entry into force of such amendments.

3. The budgets of the administrative-territorial units of the States of the Parties shall be published or made public in any other way. The list of sources of such information must be provided by the Party or its authorized public administration body at the request of either Party.

4. The authorized bodies of the Parties shall send each other notifications of state support for agriculture provided on the territory of their states for the reporting year within 2 months after the entry into force of the law on the execution of the federal or republican budget, respectively, as well as the budgets of administrative-territorial units for the reporting year. The notification should contain sufficient information so that the authorized bodies of each of the Parties can assess the amount of state support provided for agriculture and its compliance with the provisions of this Agreement.

5. The format of the notifications specified in paragraph 4 of this Article shall be agreed upon by the Parties.

Article 8 Liability of the Parties

In the event of a violation by one of the Parties of the provisions of Articles 5 or 6 of this Agreement, such Party shall immediately and unconditionally terminate the provision of measures having the greatest distorting effect on trade, or measures having a distorting effect on trade beyond the permitted volume, and pay compensation to the other Parties in the amount of the amount of support measures having the greatest distorting effect. for trading, or exceeding the allowed volume. In the event that compensation has not been paid within the time limits agreed by the Parties, each Party has the right to introduce a compensation measure in accordance with the legislation of its State.

Article 9 Dispute resolution

1. Disputes related to the interpretation and/or application of the provisions of this Agreement are primarily resolved through negotiations and consultations between the Parties. If the dispute is not resolved through negotiations and consultations within 60 calendar days from the official written request for them sent by the Party initiating the dispute to the Respondent Party, the claimant Party has the right to apply to the Community Court or initiate the creation of a Conciliation Commission.

2. If the claimant Party decides to resolve the dispute in the Conciliation Commission, it sends a petition to the Respondent Party.

3. The Conciliation Commission is temporary and is established to resolve a specific dispute. After the dispute is resolved, the Conciliation Commission is disbanded.

4. Unless otherwise agreed by the Parties, the powers of the Conciliation Commission are to consider the issue of dispute resolution in the light of the relevant provisions of this Agreement, as stipulated in the request of either Party, and to make an opinion on the compliance of the proposed measures with this Agreement.

5. Any Party may submit to the Conciliation Commission any dispute concerning the application or interpretation of this Agreement. The claimant party indicates in the petition those measures or practices that, in its opinion, are relevant to this dispute, and submits this petition together with a notification of the appointment of its mediator to the other Party. The claimant party also proposes up to 3 candidates for the position of Chairman of the Conciliation Commission.

The other Party appoints a second mediator within 15 calendar days and suggests up to 3 candidates for the position of chairman of the Conciliation Commission.

Both Parties shall seek to reach an agreement on the candidacy of the Chairman of the Conciliation Commission within 15 calendar days after the appointment of the second mediator.

6. If the Parties are unable to reach an agreement on the candidacy of the chairman within 20 calendar days after the appointment of the second mediator, he shall be chosen by the representatives of the Parties by lot within 7 calendar days from among the persons included in the sample list referred to in paragraph 9 of this Article and who are not nationals of the States of the Parties involved in the dispute.

7. The Conciliation Commission consists of 3 members (the mediators of each of the Parties involved in the dispute and the chairman). The date of establishment of the Conciliation Commission is the date of appointment of the Chairman.

8. Persons who are willing and able to act as intermediaries and members of the Conciliation Commission should have special knowledge or experience in the field of law, international trade, as well as in other areas relevant to the settlement of disputes related to international treaties in the field of international trade. They should act in their personal capacity, and not as representatives of the States of the Parties or representatives of any organization, act completely independently and not be associated with any of the Parties or receive any instructions from it. No more than one third of the mediators and members of the Conciliation Commission may be nationals of the States of the Parties.

9. No later than 90 calendar days after the entry into force of this Agreement, the Parties will draw up an approximate list of no more than 15 persons who are ready and able to act as intermediaries, and 5 of them should not be citizens of the States of the Parties.

10. The decisions taken by the Conciliation Commission are binding on each of the Parties.

11. The parties ensure that the results of dispute resolution are open.

12. Disputes are considered and all decisions are made on the basis of the principle of equality of the Parties involved in the procedure.

13. At the request of a Party or on its own initiative, the Conciliation Commission may request information or technical advice from any person or body it deems necessary, subject to the consent of the Parties and on such terms as the Parties may agree.

14. The Conciliation Commission does not meet with either Party and has no contact with it in the absence of the other Party. No mediator may discuss the substance of the proceedings with a Party or both Parties in the absence of other mediators.

15. The Conciliation Commission interprets the provisions of this Agreement in accordance with the norms of public international law.

16. The Party claiming that the measure of the other Party does not comply with the provisions of this Agreement bears the burden of proving such inconsistency.

17. If the Conciliation Commission concludes that the Party against whom the complaint has been filed has not fulfilled its obligations under this Agreement, it shall indicate in its decision the need for the Respondent Party to take measures to remedy these violations and a reasonable period, which may not exceed 1 calendar year, to implement its decisions.

18. The respondent Party must promptly stop the violation of its obligations arising from this Agreement by faithfully implementing the decisions of the Conciliation Commission.

19. If the decisions of the Conciliation Commission are not implemented within the prescribed period, or if the Conciliation Commission decides that the measures notified by the Respondent Party do not comply with the provisions of this Agreement, the Conciliation Commission shall authorize the Party that initiated the dispute to take proportionate retaliatory measures. The scope, proportionality and duration of retaliatory measures are determined by the Conciliation Commission.

20. Retaliatory measures are temporary in nature and are applied by the Claimant Party only until the measure violating the provisions of this Agreement is lifted or amended in such a way as to comply with the provisions of this Agreement, or until the Parties reach an agreement on dispute resolution.

21. The Parties shall bear the costs of the conciliation procedure in equal shares. All other expenses incurred by either Party are covered by the Party itself.

Article 10 Powers of the Customs Union Commission

The Customs Union Commission has the following powers:

1) monitoring and conducting a comparative legal analysis of the relevant legislation of the State of each of the Parties for compliance with this Agreement, as well as preparing annual reports on the Parties' compliance with its provisions;

2) assistance in organizing consultations of the Parties on the implementation of harmonization and unification of the relevant legislation of the States of the Parties.

Article 11 Amendments

By mutual agreement of the Parties, amendments may be made to this Agreement, which are formalized by protocols.

Article 12 Entry into force of this Agreement

This Agreement shall enter into force on the date of receipt by the depositary of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

Done in Moscow on December 9, 2010, in a single copy in the Russian language.

The original copy of this Agreement is kept in the Integration Committee of the Eurasian Economic Community, which will send a certified copy to each Signatory Party to this Agreement.

Behind

Government

Republics

Russian

Belarus

Kazakhstan

Federations

Appendix 1 to the Agreement on Common Rules for State Support of Agriculture

Covered products

This Agreement covers the following goods of the Common Commodity Nomenclature of Foreign Economic Activity of the Customs Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation:

Groups 01-24 of the Customs Code of the Customs Union, with the exception of Group 03 (fish and crustaceans, molluscs and other aquatic invertebrates), headings 1604 (ready-made or canned fish; sturgeon caviar and its substitutes made from fish eggs) and 1605 (ready-made or canned crustaceans, molluscs and other aquatic invertebrates);

HS subheading 2905 43 000 0 (mannitol);

HS subheading 2905 44 (D-glucite (sorbitol);

heading HS TC 3301 (essential oils (containing or not containing terpenes), including concretes and absolutes; resinoids; extracted essential oils; concentrates of essential oils in fats, non-volatile oils, waxes or similar products obtained by anflerage or maceration; terpene by-products of deterpenation of essential oils; aqueous distillates and aqueous solutions essential oils);

headings HS 3501 - 3505 (casein, caseinates and other casein derivatives; casein adhesives; albumins (including concentrates of two or more whey proteins containing more than 80% by weight% of whey proteins in terms of dry matter), albuminates and other albumin derivatives; gelatin (including in rectangular (including square) sheets, with or without surface treatment, colored or unpainted) and gelatin derivatives; fish glue; other adhesives of animal origin (other than casein of heading 3501); peptones and their derivatives; other protein substances and their derivatives, not elsewhere specified or included; leather or minnow powder, chrome-plated or non-chrome-plated; dextrins and other modified starches (for example, starches pre-gelatinized or converted into an ester); adhesives based on starches or dextrins, or other modified starches); except Subheadings 3503 00 800 1 (dry fish glue) and 3503 00 800 2 (liquid fish glue);

HS subheading 3809 10 (finishing products, means for accelerating dyeing or fixing dyes and other products and finished preparations (for example, substances for processing and mordants) used in the textile, paper, leather industry or similar industries, not elsewhere specified or included, based on starchy substances);

HS subheading 3824 60 (sorbitol, other than sorbitol of subheading 2905 44);

headings HS 4101 - 4103 (unprocessed hides of cattle (including buffaloes) or equine animals (fresh or salted, dried, gilded, pickled or otherwise preserved, but not tanned, parchment-lined or further processed), with or without hair, double or non-double; unprocessed sheep or lamb skins (fresh or salted, dried, gilded, pickled or otherwise preserved, but not tanned, parchment-lined or further processed), with or without wool, whether or not split, other than those excluded by note 1b to this chapter; other unprocessed hides (fresh or salted, dried, gilded, pickled or otherwise preserved, but not tanned, parchment-cured or further processed), with or without hair, whether or not split, other than those excluded by note 1b or 1b to this chapter);

HS heading 4301 (fur-bearing raw materials (including heads, tails, paws and other parts or trimmings suitable for the manufacture of fur products), other than unprocessed hides of heading 4101, 4102 or 4103);

commodity items of the Customs Code of the Customs Union 5001 00 000 0 - 5003 00 000 0 ( silkworm cocoons suitable for unwinding; raw silk (uncoiled); silk waste (including cocoons unsuitable for unwinding, cocoon thread waste and plucked raw materials);

headings HS TC 5101 - 5103 (wool, not carded or combed; animal hair, fine or coarse, not carded or combed; waste wool or fine or coarse animal hair, including spinning waste, but excluding plucked raw materials);

commodity items of the Customs Code of the Customs Union 5201 00 - 5203 00 000 0 (cotton fiber, not carded or combed; cotton fiber waste (including spinning waste and plucked raw materials); cotton fiber, carded or combed);

heading HS TC 5301 (raw flax or flax, processed but not spun; flax bales and waste (including spinning waste and plucked raw materials);

heading HS TC 5302 (hemp (sannabis sativa L.), raw or processed, but not spun; bales and waste of hemp (including spinning waste and plucked raw materials).

Appendix 2 to the Agreement on Common Rules for State Support of Agriculture

The procedure for calculating the volume of state support for agriculture

1. Direct money transfer.

The amount of support is calculated as the sum of funds allocated and actually received, provided free of charge (for example, in the form of grants, compensations, etc.) or, if funds are provided on a refundable basis on more favorable terms than those prevailing in the financial market (bank loan market, bonds, etc.), the amount of support is determined as the difference between the amount of the amount that would have to be paid for the use of these funds if they were received on the market, and the amount actually paid.

2. Providing guarantees for the fulfillment of obligations (for example, guarantees on loans and borrowings).

The amount of support provided for the performance guarantee should be defined as the difference between the amount that would be required to be paid based on the tariff for insurance of the risk of non-performance of the relevant obligation in an affordable insurance market and the amount that is required to be paid for providing the guarantee to the subsidizing authority.

Budgetary expenses for the performance of the guarantee are included in the amount of support in the amount of their excess of the level calculated in accordance with part 1 of this paragraph.

The Parties shall include in the notifications provided for in Article 7 information that makes it possible to assess the level of State support for the provision of State guarantees for the fulfillment of obligations.

3. Purchase of goods, services, securities, an enterprise (property complex) or part of it, shares in the authorized capital of an organization (including the purchase of shares), other property, intellectual property rights, etc. at prices exceeding market prices.

The amount of support is calculated as the difference between the amount actually paid for the purchased objects and the amount that would have to be paid for these objects at the prices prevailing on the market.

Government expenditures on the acquisition of shares, an increase in its share in the authorized capital of the enterprise, etc., which meet the conditions of normal investment practice, do not relate to government support measures.

4. Full or partial waiver of collection of due revenues from the budgets of the state and administrative-territorial units (for example, cancellation of debt on payments to the budget, etc.).

The amount of support corresponds to the amount of unfulfilled financial obligations of the producer of agricultural goods to the budget, including obligations that would arise if the support was not applied. The amount of support in case of deferred fulfillment of an obligation is defined as the amount that must be paid in the form of interest for using the amount of borrowed funds received on the available credit market equal to the deferred obligation.

5. Preferential or gratuitous provision of goods or services.

The amount of support is calculated as the difference between the market value and the amount actually paid for the purchase (provision) of goods or services.

6. Price support, which combines measures aimed at maintaining the level of market prices.

The amount of price support is calculated as the product of the quantity of agricultural goods for which regulated prices or price control measures are applied, by the difference between the internal regulated price and the reference world price, with information adjusted depending on the quality and degree of processing of goods (basic fat content of milk, for example). Budget expenditures aimed at maintaining prices (for example, purchase and storage costs) are not included in the calculation of the amount of support.

Appendix 3 to the Agreement on Common Rules for State Support of Agriculture

State support measures that do not have a distorting effect on the mutual trade of the Parties in agricultural goods

Measures of state support for producers of agricultural goods (hereinafter referred to as producers) that do not adversely affect the mutual trade of the Parties in agricultural goods must meet the following main criteria:

Support is provided at the expense of the budget (including unclaimed income), including within the framework of government programs, and not at the expense of consumers.;

The support should not result in maintaining producer prices.

Unclaimed income is defined as the final or temporary refusal to receive the required payments to the budget.

1. Government programs for the provision of services.

General services.

Such measures provide for the allocation of funds (or unclaimed income) directed towards the implementation of programs on the basis of which services or benefits are provided to agriculture or rural residents, with the exception of direct payments to those who produce or process agricultural goods. Such programs must meet the basic criteria specified in this Annex and can be implemented in the following areas::

1) scientific research, including of a general nature, research in connection with environmental protection programs and research programs on specific products;

2) pest and disease control, including general pest and disease control measures, as well as product-specific measures such as early warning systems, quarantine and destruction;

3) general and special personnel training;

4) dissemination of information, advisory services, including the provision of funds to facilitate the transfer of information and research results to producers and consumers;

5) inspection services, including general inspection services and inspection of selected agricultural products for health, safety, standardization and quality sorting purposes;

6) marketing and promotion services for agricultural products, including marketing information, consultations and promotion of specific agricultural products (excluding expenses for non-specific purposes, but which can be used by sellers to reduce the selling prices of agricultural goods or provide direct economic benefits to buyers);

7) infrastructure services, including electricity, roads and other communication routes, market and port equipment, water supply, dams and drainage systems, infrastructure development in combination with environmental protection programs.

In all cases, funds are allocated only for the equipment or construction of capital structures and publicly accessible public infrastructure facilities, with the exception of funds allocated to cover operating costs or lost profits from servicing consumers with benefits.

2. Creation of state reserves to ensure food security.

Funds (or unclaimed income) provided for the purpose of accumulating and storing food stocks are allocated within the framework of a food security program defined in the national legislation of the State Party.

The volume and accumulation of such reserves correspond to pre-determined goals related exclusively to food security. The process of accumulation and allocation of reserves should be transparent in terms of financial costs. Food purchases by authorized state authorities are carried out at current market prices, and sales from food reserves are carried out at prices not lower than the current domestic market prices for a specific product of appropriate quality.

3. Domestic food aid.

Internal food aid is funds (or unclaimed income) allocated to provide internal food aid to the needy part of the population.

The right to receive food aid is linked to the criteria defined in the national legislation of the State of the Party regarding food security. Such assistance is provided in the form of direct food supplies to interested persons or the provision of funds for their purchase of food at market or subsidized prices. Food purchases by authorized government authorities are carried out at current market prices, and financing and distribution are transparent.

Direct payments to producers.

Support provided in the form of direct payments (or unclaimed income, including payments in kind) to producers must meet the basic criteria specified in this Annex, as well as other criteria applicable to individual types of direct payments specified in paragraphs 5-12 of this Annex.

4. "Unrelated" income support:

1) the right to payments is determined by criteria established in the national legislation of the State of the Party, such as income level, producer status, use of production factors or the level of production in a certain and fixed base period.;

2) the amount of payments is not determined on the basis of and does not depend on the type or volume of products (including livestock) produced by this producer;

3) the amount of payments is not determined on the basis of and does not depend on domestic or international prices for manufactured products;

4) the amount of payments is not determined on the basis of and does not depend on the factors of production;

5) No presentation of products is required to receive payments.

5. Financial participation of public authorities in insurance and income security programs:

1) the right to payments is determined by income losses (and only income received from agriculture is taken into account) that exceed 30 percent of the average gross income or the equivalent in the form of net income (excluding any payments received under such or similar programs) for the previous three-year period or from the three-year average calculated based on the previous five-year period, from which the highest and lowest annual figures are excluded. Any manufacturer who meets this condition is eligible to receive payments.;

2) the amount of payments compensates for less than 70 percent of the producer's loss in income for the year in which the producer becomes eligible for assistance.;

3) the amount of any payments depends only on income: it does not depend on the type or volume of products (including livestock) produced by this producer; or on prices, domestic or international, for such products; or on the use of production factors;

4) when a manufacturer receives payments in the same year based on this paragraph and on the basis of paragraph 7 of this Annex (disaster relief), the total amount of such payments is less than 100 percent of the total losses of the manufacturer.

6. Payments made either directly or through the financial participation of public authorities or organizations authorized by them in crop insurance programs, in the order of disaster relief:

1) the right to payments arises only after official recognition by state authorities that a natural or similar disaster (including man-made events, outbreaks of diseases, pest infestations, nuclear accidents and war on the territory of the State of the Party) has occurred or is taking place, and is determined by production losses that exceed 30 percent of the average production level for the previous year. three-year period or from the three-year average calculated on the basis of the previous five-year period, from which the highest and lowest annual figures are excluded;

2) payments made in connection with a natural disaster are applied only to losses of income caused by this event, livestock (including payments related to veterinary services for animals), retirement of agricultural land and other factors of production.;

3) payments compensate for no more than the total cost of such losses, regardless of the type or quantity of future products;

4) payments made during a natural disaster do not exceed the level necessary to prevent or mitigate further losses specified in subparagraph 2 of this paragraph.;

5) when a manufacturer receives payments in the same year on the basis of this paragraph and on the basis of paragraph 6 of this Annex, the total amount of such payments does not exceed 100 percent of the total losses of the manufacturer.

7. Facilitating structural change through programs that encourage manufacturers to cease operations:

1) the right to payments is conditioned by clearly defined criteria within the framework of programs designed to facilitate the termination of activities of persons engaged in the production of marketable agricultural products or their relocation to other sectors of the economy.;

2) payments depend on the complete and permanent cessation of production of commercial agricultural products by the recipient of assistance.

8. Facilitating structural change through end-of-use programs:

1) the right to payments is conditioned by clearly defined criteria in the framework of programs aimed at ending the use of land or other resources, including livestock, for the production of agricultural goods;

2) payments depend on the withdrawal of land from the sphere of production of marketable agricultural products for at least three years, and in the case of livestock, on its slaughter and subsequent abandonment of its breeding.;

3) alternative use of such lands and other resources related to the production of marketable agricultural products is not required or specified for the implementation of payments.;

4) payments do not depend on the types, quantity of products, domestic or international prices for products produced using land or other resources remaining for production.

9. Facilitating structural change by stimulating investment:

1) the right to payments is determined by criteria clearly defined in the framework of government programs designed to facilitate the financial or physical restructuring of the producer's activities due to objectively proven structural losses. The right to such payments may also be based on a clearly defined government program for the denationalization of agricultural land.;

2) the amount of payments is not determined on the basis of and does not depend on the types or volume of products (including livestock) produced by this producer, with the exception of those provided for in subparagraph 5 of this paragraph;

3) the amount of payments is not determined on the basis of and does not depend on domestic or international prices for specific goods;

4) payments are provided only for the period of time necessary to realize the investments for which they are intended;

5) when making payments, the recipient of the support does not prescribe or specify in any way which agricultural goods should be produced by him, with the exception of the requirement not to produce any specific product.;

6) payments are limited to the amount required to compensate for structural losses.

10. Payments for environmental protection programs:

1) the right to payments is conditional on participation in a state environmental protection or conservation program and depends on the fulfillment of specific conditions stipulated by this state program, including conditions related to production methods or necessary materials.;

2) the amount of payments is limited by the amount of additional expenses or income losses related to the implementation of the state program.

11. Payments under regional assistance programs:

1) the right to such payments is granted to producers in unfavorable regions. An unfavorable region is an administrative and (or) economic territory defined by the national legislation of the Party.;

2) the amount of such payments is not determined on the basis of and does not depend on the types or volume of agricultural goods (including livestock), but is associated with a reduction in production of this product;

3) the amount of such payments is not determined on the basis of and does not depend on domestic or international prices for specific goods;

4) Payments are provided only to producers in the regions eligible for assistance, and are available to all producers in such regions.;

5) payments related to production factors are carried out on a regressive scale above the threshold level for this production factor.;

6) payments are limited to the amount of additional expenses or income losses related to the production of agricultural goods in the designated territory.

Appendix 4 to the Agreement on Common Rules for State Support of Agriculture

An illustrative list of state support measures for agriculture that most distort mutual trade Parties with agricultural goods

For the purposes of this Agreement, state support measures in accordance with the first paragraph of paragraph 3 of Article 3 are recognized as:

implementation by the subsidizing authority of direct payments (including payments in kind) to specific producers, groups or associations of producers of agricultural goods, depending on the results of the export of such goods;

sale or offer for export to the territory of the state of the other Party by the subsidizing body of non-commercial stocks of agricultural goods at prices lower than the prices of similar goods offered to buyers on the domestic market of the state of the Party;

making payments when agricultural goods are exported to the territory of the other Party's State, which are financed with the support of the government, whether from public funds or not, including payments that are financed from the proceeds from fees on an agricultural product or on an agricultural product from which the product exported to the territory of the other Party's state is produced;

provision by the subsidizing authority of financial support to reduce the cost of marketing and promotion of agricultural goods for export to the territory of the other Party's State (with the exception of widespread export promotion and consulting services), including the cost of loading and unloading, product quality improvement and other processing costs, as well as costs related to international transportation;

establishment of internal tariffs for the transportation of agricultural goods intended for export to the territory of the State of the other Party on conditions more favorable than for the transportation of agricultural goods intended for domestic consumption;

provision of state support for agricultural products, depending on their inclusion in products intended for export to the territory of the other Party's State.

I hereby certify that this text is a complete and authentic copy of the original Agreement on Uniform Rules for State Support of Agriculture, signed on December 9, 2010 in Moscow: on behalf of the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus A.V. Kobyakov, on behalf of the Government of the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan U.E. Shukeev, from the Government of the Russian Federation - I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation.

The original copy is kept in the Integration Committee of the Eurasian Economic Community.

Everything is laced, fastened

signed and stamped 27 sheets

Head of Legal Department

Department of the Secretariat

The EurAsEC Integration Committee V.S. Knyazev

13.12.2010

President

Republic of Kazakhstan

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