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Resolution No. 1479 of the Cabinet of Ministers regarding some issues of conducting auctions for the sale of the right to conclude contracts for the right to special use of aquatic biological resources in fishery waterbodies (parts thereof) through electronic bidding, approval of a standard contract for the right of special use of aquatic biological resources in fishery waterbodies (parts thereof) and amendments to some resolutions of the Cabinet of Ministers of Ukraine.

Country/Territory
Ukraine
Document type
Regulation
Date
2022
Source
FAO, FAOLEX
Subject
Fisheries
Keyword
Fishery management and conservation Inland fisheries Marine fisheries Contract/agreement Total allowable catch Business/industry/corporations
Geographical area
Black Sea, CIS (Commonwealth of Independent States), Eastern Europe, Europe, Europe and Central Asia
Abstract

This Resolution establishes the procedure for the implementation of the experimental project on the introduction of auctions for the sale of the right to conclude contracts for the right to special use of aquatic biological resources in fishery waterbodies (parts thereof) through electronic auctions and contains the form of standard contract for the right of special use of aquatic biological resources in fishery waterbodies (parts thereof). The aforesaid contracts are concluded for the implementation of limits for the special use of aquatic biological resources, forecasts of allowable catch, aquatic biological resources, in relation to which, due to the peculiarities of their spatial distribution or due to the technical possibilities of fishing in the fishing waterbody (part thereof), it is not possible to achieve the level of their extraction (catch), which threatens the state of the stocks of such aquatic biological resources. The applicants for the participation in auction sale of the right to conclude contracts for the right to special use of aquatic biological resources shall be business entities. The organizer of the auction shall be State Fisheries Agency. The applicant must meet the following requirements: (a) the absence of payment arrears, the control of the fulfillment of which is entrusted to the control bodies; (b) not being in the process of bankruptcy (insolvency) or in the process of termination of business activity; (c) special economic and other restrictive measures (sanctions) were not applied to the applicant in accordance with the Law of Ukraine "On Sanctions"; and (d) lack of the right to special use of more than 20 percent of aquatic biological resources from the established volume of limits for special use of aquatic biological resources in the relevant fisheries waterbody (part thereof), considering related persons within the meaning of subsection 14.1.159 , clause 14.1 of article 14 of the Tax Code of Ukraine. The winner is the participant who submitted the highest price offer for the exhibited lot, in the event that such participant refuses to sign the protocol based on the results of the auction or the contract based on the results of the auction - the participant with the next highest price offer, and in the case when the participants submitted offers with the same price size, - a participant who submitted his offer earlier than other participants with a similar price size, provided that such participants made at least one step of the auction or submitted a closed price offer that exceeds the starting price of the lot by at least one minimum auction step. The Decree No. 125 of the Cabinet of Ministers validating the Regulation on the procedure for application of fishing charges for special use of aquatic biological resources and the amount of payment for their use shall be amended to add the following wording: “Unlimited aquatic biological resources shall be intended aquatic biological resources, in relation to which, due to the peculiarities of their spatial distribution or due to the technical possibilities of fishing in the fishery waterbody (part thereof), it is not possible to achieve a level of their extraction (catch), which threatens the state of the stocks of such aquatic biological resources."

Full text
Ukrainian
Website
zakon.rada.gov.ua

References - Legislation

Amends

Decree No. 125 of the Cabinet of Ministers validating the Regulation on the procedure for application of fishing charges for special use of aquatic biological resources and the amount of payment for their use.

Legislation | Ukraine | 2020

Keyword: Fishery management and conservation, Inland fisheries, Marine fisheries, Fishing authorization, Fishing charge, Research, Marine fishes, Freshwater fishes, Crustaceans, Aquatic animals, Authorization/permit

Source: FAO, FAOLEX