PROGRAMME ON CO-OPERATION BETWEEN THE FEDERAL ANTIMONOPOLY SERVICE OF THE RUSSIAN FEDERATION AND THE OFFICE OF COMPETITION AND CONSUMER PROTECTION OF THE REPUBLIC OF POLAND FOR 2008 - 2010

In view of executing the Agreement on Co-operation in the area of Antimonopoly Policy, which has been signed on 15th March 1994, between the Government of the Russian Federation and the Government of the Republic of Poland ('Co-operation Agreement'), the Federal Antimonopoly Service of the Russian Federation (hereinafter - FAS Russia) and the Office of Competition and Consumer Protection of the Republic of Poland (hereinafter - UOKiK) , hereinafter referred to as Parties, have devised the following Programme on cooperation, for the years 2008-2010.



§1



According to the Co-operation Agreement, the Parties commit themselves:



1. Pursuant to the confidentiality rules fixed by the legislation of the States of the Parties, to provide each other with:



- texts of laws and other documents, which make the ground to the Parties' activity;

- methodological materials, statistic data and reports of activities.



Transfer of materials shall be realized in the English language via post, electronic mail, fax or at the meetings of the Parties' representatives.



2. To organize a meeting in 2010 in order to sign a next Co-operation Programme.



3. To organize study visits and/or consultations for experts of the other Party. By these means:



a) Each of the Parties organizes study visits and/or consultations for the other Party's experts at least once a year.

b) The visiting Party shall cover travel and living expenses regarding the visit.

c) The hosting Party, will organize meetings in local organizational units and other bodies of public administration as well as organizations and associations provided it is required by the theme of the study visit or/and consultation.

d) The selection of the abovementioned meetings' subjects shall be agreed depending on the needs or cases conducted by the Parties.



4. To invite representatives of the other Party to participate in symposia, conferences and seminars organized by the Parties of the Programme.



§2



1. In case of need and in compliance with the Parties' legislation and confidential information protection rules each Party shall provide the other Party with any significant information about anticompetitive activities that are believed relevant or necessary to conduct enforcement activity by the other Party's competition authorities on their territory. The Parties shall:



a) mutually exchange information on economic entities, acting on one of the Party's territory, if their activity can cause negative impact on competition situation on commodity markets of the other Party's territory;

b) provide each other with information on cases of unfair competition from the side of economic entities of other countries in order to prevent such violations on the Parties' territories.



2. Provision of the above mentioned information is carried out on the basis of a request submitted by one of the Parties, which includes the purpose of the information use, description of the case circumstances with attachment of all relevant documents.



3. The requested information is provided within the time agreed by both Parties, but not later than within forty five days from the date the request has been received. The Party which receives the request informs immediately the other Party on circumstances, which could cause nonobservance of the given period.



§3



FAS Russia will exchange its experience with UOKiK in the areas related to its activity in the Interstate Council on Antimonopoly Policy of the member states of Commonwealth of Independent States (CIS), it will also provide assistance in establishing of working relations with antimonopoly and consumer protection authorities from the CIS member states.



§4



UOKiK will exchange experience of its integration into the European system of competition law with the FAS Russia.



§5



If the need arises, the Parties may hold additional consultations on the implementation of the Co-operation Agreement and the hereby Co-operation Programme.



§6



The hereby Co-operation Programme becomes binding upon its signing until 31st December 2010. Uncompleted activities and projects shall be taken into consideration in the preparation of co-operation programmes for the following years.



§7



The Parties shall have signed the next Programme on co-operation for the years 2011-2013 by 31st December 2010.



§8



The hereby Programme is signed in Moscow, on 10th December 2007, in two identical copies, each in Polish, Russian and English languages. In the case of controversies in interpreting of the text of the Programme, the English version shall be used.



On behalf of the Federal Antimonopoly Service оf the Russian Federation

Igor Artemiev, Head



On behalf of the Office of Competition and Consumer Protection of the Republic of Poland

Marek Niechcial, President