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Ministry of Justice of Ukraine

April 20, 2017

No. 521/30389

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT AND TRADE OF UKRAINE

of April 13, 2017 No. 566

About approval of the Regulations on the commission on forming of the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget

(as amended on 10-09-2019)

According to Item 6 of the Procedure for use of the means provided in the government budget for partial compensation of cost of agricultural machinery and the equipment of the national production approved by the resolution of the Cabinet of Ministers of Ukraine of March 1, 2017 No. 130, and to item 4 of the Procedure for determination of extent of localization of production by the companies of domestic engineering industry for agro-industrial complex of the domestic machinery and equipment for the agro-industrial complex approved by the resolution of the Cabinet of Ministers of Ukraine of May 27, 2013 No. 369 (with changes), I order:

1. Approve Regulations on the commission on forming of the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget which is applied.

2. To submit to department of industrial policy in the procedure established by the legislation this order on state registration to the Ministry of Justice of Ukraine.

3. This order becomes effective from the date of its official publication.

4. To impose control of execution of this order on the First Deputy Minister of Economic Development and Trade of Ukraine Nefedov M. E.

First vice-Prime Minister of Ukraine Minister of Economic Development and Trade of Ukraine

S.I.Kubov

Approved by the Order of the Ministry of Economic Development and Trade of Ukraine of April 13, 2017 No. 566

Regulations on the commission on forming of the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget

1. This Provision determines procedure for the organization and activities of the commission on forming of the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget (further - the commission) which is formed under the Ministry of Economic Development and Trade of Ukraine.

2. The basic concepts and terms in this Provision are used in the values given in the Law of Ukraine "About stimulation of development of domestic engineering industry for agro-industrial complex".

3. The main task of the commission is forming of the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget (further - the list).

4. The commission is effective as a part of at least nine people. Commission chairman is the first vice-Prime Minister of Ukraine - the Minister of Economic Development and Trade of Ukraine, the vice-chairman of the commission - the chief executive of National committee on industrial development (under approval). Heads of structural divisions of the Ministry of Economic Development and Minagropolitiki or their deputies are part of the commission, People's Deputies of Ukraine are members of committees of the Verkhovna Rada of Ukraine concerning the budget, concerning agrarian policy and land relations, and also experts of National committee on industrial development, heads of industry scientific institutions, associations, companies of domestic engineering industry for agro-industrial complex, representatives of the organizations of employers and labor unions (under approval).

Secretary of the commission:

convokes at the request of the commission chairman of meeting;

provides organizational activities of the commission, including on preparation of the agenda of meetings;

takes the minutes of the commission;

at the request of the chairman carries out other tasks on ensuring work of the commission.

The staff of the commission affirms the order of the Ministry of Economic Development.

5. The list is created by results of consideration by the commission of the submitted applications of the manufacturing plants concerning inclusion in the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget (appendix 1) (further - requests of the manufacturing plants concerning inclusion) and documents concerning inclusion who move in the commission on forming of the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers which cost is partially compensated for the account of means of the government budget (appendix 2) (further - documents concerning inclusion which move in the commission), and by results of check of extent of localization of production of the machinery and equipment by the commission for agro-industrial complex (further - the machinery and equipment), special cars for grain transportation (further - cars), the equipment for production of bioethanol and the electric power from biomass (further - the equipment).

6. Annual confirmation of conformity of the machinery and equipment, the cars, the equipment included in the list in previous years, to the criteria of the current year determined in Items 5, 7 Procedures for use of the means provided in the government budget for partial compensation of cost of agricultural machinery and the equipment, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers, the Cabinet of Ministers of Ukraine approved by the resolution of March 1, 2017 No. 130 (with changes) (further - the Procedure), is performed by results of consideration by the commission of the submitted applications of the manufacturing plants of rather annual confirmation of conformity of the machinery and equipment, cars, the equipment included in the list of the domestic machinery and equipment for agro-industrial complex, special cars for grain transportation the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget in previous years, to criteria of the current year (appendix 3) (further - requests of the manufacturing plants of rather annual confirmation of conformity) and documents for annual confirmation of conformity of the machinery and equipment, the cars, the equipment included in the list in previous years which move in the commission on forming of the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget (appendix 4) (further - documents for annual confirmation) by results of check by the commission of extent of localization of production of the machinery and equipment, cars, the equipment.

7. Conditions of submission of requests by the manufacturing plants about inclusion and confirmation of conformity and documents which are filed the commissions about inclusion and on annual confirmation are published on the official website of the Ministry of Economic Development (www.mе.gov.ua) not later than month prior to the beginning of new fiscal year. Applications for inclusion in the list in the current year are submitted the commission till October 31. Applications for inclusion in the list next year are submitted the commission since November 01 of the current year.

Requests for annual confirmation of conformity of the machinery and equipment, the cars, the equipment which were purchased from the domestic manufacturers included in the list for previous years are represented to the criteria of the current year determined in Items 5, 7 About to the commission annually from January 1 to April 30.

8. The documents submitted the commissions by the manufacturing plants are not subject to disclosure, except as specified, stipulated by the legislation Ukraine.

9. The commission makes the decision on turning on of the machinery and equipment, the cars, the equipment which were purchased from domestic manufacturers in the list in case of compliance of the manufacturing plants to the following criteria:

1) at least two years are residents of Ukraine;

2) the specific weight of expenses of which on compensation with assignments on social actions as a part of the cost made (implemented - for the subjects of managing applying simplified taxation system, accounting and the reporting) products makes at least 8 percent;

3) have design-technology documentation and/or the registered intellectual property right to the machinery and equipment, cars, the equipment which are offered to be brought in the list specified in balance;

4) is performed by guarantee and after-guarantee maintenance of the machinery and equipment, cars, the equipment;

5) is performed in the territory of Ukraine by production of nodes, aggregates, details and components and/or use such nodes, aggregates, details and components manufactured in the territory of Ukraine according to the list of the technological transactions necessary for production of the machinery and equipment specified in appendix to the Procedure for determination of extent of localization of production by the companies of domestic engineering industry for agro-industrial complex approved by the resolution of the Cabinet of Ministers of Ukraine of May 27, 2013 No. 369. Extent of localization of production of such nodes, aggregates, details and components shall be not below exponent of localization of production of the corresponding machinery and equipment, cars, the equipment;

6) extent of localization of production of the machinery and equipment, cars, the equipment corresponds to the indicators determined in Item 3 of article 1 of the Law of Ukraine "About stimulation of development of domestic engineering industry for agro-industrial complex" and the resolution of the Cabinet of Ministers of Ukraine of May 27, 2013 No. 369 "About approval of the Procedure for determination of extent of localization of production by the companies of domestic engineering industry for agro-industrial complex of the domestic machinery and equipment for agro-industrial complex and ustanovleniyapokazately extent of localization of production of tractors and other self-propelled energy means of agricultural purpose, special equipment vehicles of agricultural purpose, self-propelled and trailing combines (with changes).".

10. Form of work of the commission are meeting which is convened by the chairman or according to its order - the vice-chairman at least once in half a year.

The secretary of the commission beforehand notifies members of the commission on the agenda of the planned meeting, date and time of its carrying out, and also provides / sends for acquaintance to members of the commission required materials three days before its carrying out.

Commission session is competent if at it there are at least two thirds of its structure. Decisions of the commission are made by open voting by a simple majority vote and drawn up by the protocol which is signed by the chairman, the secretary and members of the commission who are present at meeting.

The member of the commission not concordant with its decision having the right to state in writing the special opinion which is integral part of the minutes.

Delegation by members of the commission of the powers is forbidden to other persons.

In case of equal distribution of voices the chairman's voice on commission session is decisive.

11. The decision of the commission concerning turning on of the machinery and equipment, cars, the equipment in the list or exception affirms the minutes of the commission after check of extent of localization of production of the machinery and equipment, cars, the equipment, use by the manufacturing plants in the territory of Ukraine of the main technological transactions and on condition of compliance to the criteria determined in Item 9 of this provision.

12. In the list are specified:

the name and code according to EGRPOU of manufacturing plant, its branches (separate divisions) having own code according to EGRPOU;

type and brand of the machinery and equipment, cars, equipment;

posted price including VAT machinery and equipment, cars, equipment.

13. The decision of the commission on turning on of the machinery and equipment, cars, the equipment in the list or its exception also the updated list is created by the commission are published in two-day time on the official website of the Ministry of Economic Development (http://www.me.gov.ua) and are led up to Minagropolitika and national banks or banks in which authorized capital 75 and more percent of shares belong to the state.

14. Organizational, information, material logistics of activities of the commission performs department of industrial policy of the Ministry of Economic Development. 

Director of the department of industrial policy 
A. A. Chernykh

Appendix 1

to Regulations on the commission on forming of the list of the domestic machinery and equipment for the agro-industrial complex, special cars for grain transportation, the equipment for production of bioethanol and the electric power from biomass which were purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget (Item 5)

The request of the manufacturing plant concerning inclusion in the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget

See Appendix 1 (8Kb In original language)

Appendix 2

to Regulations on the commission on forming of the list of the domestic machinery and equipment for the agro-industrial complex, special cars for grain transportation, the equipment for production of bioethanol and the electric power from biomass which were purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget (Item 5)

The list of documents concerning inclusion which move in the commission on forming of the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget

1. The copy of instructions (managements) for operation with technical characteristic.

2. The declaration of conformity or its copy - for the self-propelled, hinged, trailing, stationary, mounted and other farm vehicles and the equipment or the copy of the certificate of approval of type - for tractors, trail cars and special equipment vehicles of agricultural purpose according to requirements of technical regulations which action extends to this type of the equipment.

3. Copy of the certificate of conformity of quality management system of the producer to requirements of GSTU ISO 9001 (ISO 9001) (in the presence).

4. Calculation of unit cost with disaggregation of Articles of cost.

5. Information on the cost of raw materials, the materials, nodes, aggregates, details and components imported to Ukraine by the company of domestic engineering industry for agro-industrial complex per unit of the made products and the copy of the documents confirming their customs value.

6. Information on the cost of import raw materials, the materials, nodes, aggregates, details and components which are part of any goods acquired at the resident supplier and/or expenses on acquisition of import goods directly at the resident supplier (excluding tax on value added) and the copy of the certificate of the resident supplier of customs value of import raw materials, materials, nodes, aggregates, details and components.

7. Calculation of specific weight of expenses on compensation (less on social actions) as a part of the cost made (implemented - for the subjects of managing applying simplified taxation system, accounting and the reporting) products in year and copies of documents (reporting forms) confirming calculation:

form No. 2 - for the subjects of managing applying general system of the taxation, accounting and the reporting;

the financial statement of small business entity (appendix 1 to P (c) BO25), balance (No. form the 1st), the report on financial results (No. form the 2nd), monthly reports on work in year, monthly reports according to single social fees in year - for the subjects of managing applying simplified taxation system, accounting and the reporting.

8. The certificate of design-technology documentation and/or the registered intellectual property right on the machinery and equipment, cars, the equipment which are offered to be brought in the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers the cost of which specified in balance is partially compensated for the account of means of the government budget.

9. The certificate of implementation in the territory of Ukraine productions of nodes, aggregates, details and components according to the list of the technological transactions necessary for the production of the machinery and equipment, cars, the equipment specified in appendix to the Procedure for determination of extent of localization of production by the companies of domestic engineering industry for agro-industrial complex of the domestic machinery and equipment, cars, the equipment for agro-industrial complex approved by the resolution of the Cabinet of Ministers of Ukraine of May 27, 2013 No. 369 (with changes).

The certificate of use of the nodes, aggregates, details and components manufactured in the territory of Ukraine according to the list of the technological transactions necessary for the production of the machinery and equipment, cars, the equipment specified in appendix to the Procedure for determination of extent of localization of production by the companies of domestic engineering industry for agro-industrial complex of the domestic machinery and equipment, cars, the equipment for agro-industrial complex approved by the resolution of the Cabinet of Ministers of Ukraine of May 27, 2013 No. 369 (with changes).

10. Certificate of availability and structure of guarantee and after-guarantee maintenance of the equipment.

11. The list of the dealers who are in the territory of Ukraine, authorized on realization of the machinery and equipment, cars, the equipment of the company (the full and abbreviated name, code according to EGRPOU, the location (address)).

12. Information materials concerning products in printed form and on electronic media.

Director of the department of industrial policy 
A. A. Chernykh
 

Appendix 3

to Regulations on the commission on forming of the list of the domestic machinery and equipment for the agro-industrial complex, special cars for grain transportation, the equipment for production of bioethanol and the electric power from biomass which were purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget (Item 6)

The request of the manufacturing plant of rather annual confirmation of conformity of the machinery and equipment, the cars, the equipment included in the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget, in previous years, to criteria of the current year

See Appendix 3 (8Kb In original language)

Appendix 4

to Regulations on the commission on forming of the list of the domestic machinery and equipment for the agro-industrial complex, special cars for grain transportation, the equipment for production of bioethanol and the electric power from biomass which were purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget (Item 6)

The list of documents for annual confirmation of conformity of the machinery and equipment, the cars, the equipment included in the list in previous years which move in the commission on forming of the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the electric power from biomass which was purchased from domestic manufacturers whose cost is partially compensated for the account of means of the government budget

1. Calculation of unit cost with disaggregation of Articles of cost.

2. Information on the cost of raw materials, the materials, nodes, aggregates, details and components imported to Ukraine by the company of domestic engineering industry for agro-industrial complex per unit of the made products and the copy of the documents confirming their customs value.

3. Information on the cost of import raw materials, the materials, nodes, aggregates and components which are part of any goods acquired at the resident supplier of Ukraine and/or expenses on acquisition of import goods directly at the resident supplier of Ukraine (excluding tax on value added) and the copy of the certificate of the resident supplier of Ukraine of customs value of import raw materials, materials, nodes, aggregates, details and components.

4. Calculation of specific weight of expenses on compensation with assignments on social actions as a part of the cost made (implemented - for the subjects of managing applying simplified taxation system, accounting and the reporting) products in year and copies of documents (reporting forms) confirming calculation:

form No. 2 - for the subjects of managing applying general system of the taxation, accounting and the reporting;

the financial statement of small business entity (appendix 1 to P (c) BO25), balance (No. form the 1st), the report on financial results (No. form the 2nd), monthly reports on work in year, monthly reports according to single social fees in year - for the subjects of managing applying simplified taxation system, accounting and the reporting.

5. The certificate of design-technology documentation and/or the registered intellectual property right on the machinery and equipment, cars, the equipment which are offered to be brought in the list of the domestic machinery and equipment for agro-industrial complex, special cars for transportation of grain, the equipment for production of bioethanol and the energy from biomass which was purchased from domestic manufacturers the cost of which specified in balance is partially compensated for the account of means of the government budget.

6. The certificate of implementation in the territory of Ukraine productions of nodes, aggregates, details and components according to the list of the technological transactions necessary for the production of the machinery and equipment, cars, the equipment specified in appendix to the Procedure for determination of extent of localization of production by the companies of domestic engineering industry for agro-industrial complex of the domestic machinery and equipment, cars, the equipment for agro-industrial complex approved by the resolution of the Cabinet of Ministers of Ukraine of May 27, 2013 No. 369 (with changes).

The certificate of use of the nodes, aggregates, details and components manufactured in the territory of Ukraine according to the list of the technological transactions necessary for the production of the machinery and equipment, cars, the equipment specified in appendix to the Procedure for determination of extent of localization of production by the companies of domestic engineering industry for agro-industrial complex of the domestic machinery and equipment, cars, the equipment for agro-industrial complex approved by the resolution of the Cabinet of Ministers of Ukraine of May 27, 2013 No. 369 (with changes).

7. Certificate of availability and structure of guarantee and after-guarantee maintenance of the equipment.

8. The list of the dealers who are in the territory of Ukraine, authorized on realization of the machinery and equipment, cars, the equipment of the company (the full and abbreviated name, code according to EGRPOU, the location).

Director of the department of industrial policy 
A. A. Chernykh

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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