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This document was drafted and submitted by the Ministry of Industry and Trade per Government instructions.
Acting in line with the substantive section of the decision on Case VAS-4404/13 of 5 June 2013, the Supreme Commercial Court of the Russian Federation annulled Clause 5 of Government Resolution No 779 of 30 July 2012 On Tariff Quotas for Specific Types of Coniferous Timber Being Exported Beyond the Russian Federation and States, Parties to Customs Union Agreements.
The resolution stipulates introducing amendments to Government Resolution No 779 of 30 July 2012, hereinafter referred to as Resolution No 779. This concerns the fulfillment of the above-mentioned Supreme Commercial Court decision and the omission of clauses stating that licenses should only be issued to the above-mentioned parties to foreign economic activity, as well as clauses on submitting documents not stipulated by the international obligations of the Russian Federation.
The Ministry of Industry and Trade reported that a number of discrepancies in the legal regulations were exposed during the practical implementation of Resolution No 779. These were related to the resolution’s clauses on issuing licenses only to leaseholders, parties to foreign economic activity, or in accordance with timber purchase/delivery contracts being signed with these leaseholders. They are also related to a Federal Forestry Agency (Rosleskhoz) list of leaseholders that have the right to procure timber and who have no lease payment liability.
The Ministry of Economic Development has repeatedly mentioned European Union concerns and those of some EU countries, including Sweden, Denmark and Finland, with regard to certain specifics in the timber export procedures from the Russian Federation to the European Union, as stipulated by Resolution No 779, regarding the list of forest plot leaseholders that have the right to procure timber and who have no lease payment liability.
In an effort to settle discrepancies with the EU, as regards the implementation of the bilateral Agreement, the Ministry of Industry and Trade has drafted the above resolution, in cooperation with the Ministry of Economic Development and the Federal Customs Service.
When approved, the resolution will reconcile the current Russian-EU discrepancies, as regards the implementation of this bilateral Agreement, and will simplify the procedure for obtaining export licenses by parties to foreign economic activity.