ACTION PROGRAM FOR DEVELOPING COLLABORATION BETWEEN RUSSIAN AND ROMANIAN COMPETITION AUTHORITIES DURING THE PERIOD 2007 - 2008

The Federal Antimonopoly Service of the Russian Federation (hereinafter «FAS RF»),



and



The Romanian Competition Council (hereinafter «RCC»),



hereinafter named «Parties»,



On the basis of «the Agreement on Collaboration between the State Antimonopoly Committee of the Russian Federation and the Romanian Competition Council» (hereinafter, «Agreement on Collaboration»), signed in Moscow, on 14th November 1997, and with a view to apply its provisions,



In the spirit of «the Memorandum Regarding Cooperation in Competition Policy among the Competition Council of Romania, the Competition Council of the Republic of Latvia, the Interstate Council for Antimonopoly Policy of CIS countries (Community of the Independent States), and the Fair Trade Commission of the Republic of Korea», signed in Saint Petersburg on 17th September 2003,



Taking into account changes occurred in their national legislations and in their own status, after signature of the Agreement on Collaboration,



and



Taking into consideration progresses registered by the Parties, after signature of the Agreement on Collaboration, in improving competition policy and national legislations, as well as strategic orientations of the Parties



Have agreed that their bilateral relations to be carried out, during the period 2007-2008, in accordance with the present Action Program.



1. In compliance with Article 3 of the Agreement on Collaboration, the Parties are going to achieve:



a) in the field of exchange of legislation, of informational and methodical materials:



- provide the other Party with texts of laws and other legislation on main issues of the Party's activities

- provide the other Party with methodical recommendations on main issues of the Party's activities

- provide the other Party with statistic data and information on the Party's activities.



b) in the field of providing methodical assistance, exchange of research results and of consulting assistance:



- rendering of methodical assistance, at the request of the other Party

- rendering consulting assistance, at the request of the other Party

- exchange of materials concerning the supervision, analysis and control over the commodity markets



The information exchange should not infringe the confidentiality rules, according to the Parties' legislation.



Written materials transmission should be done in English.



c) in the field of organizing regular contacts of Parties' heads (high-level bilateral meetings):



During the year of 2007:



- in Bucharest: one high-level bilateral meeting - on 26th of April 2007, in the framework of the RCC' International Conference dedicated to the celebration of «Ten Years of Competition in Romania»

- in Moscow: one high-level bilateral meeting - on 28th of May 2007, in the framework of the organizing of the 6th ICN Annual Conference (29th of May - 1st of June 2007)



During the year of 2008:



- in Bucharest: one high-level bilateral meeting, aimed at the analysis of the achievements within the applying of the present Action Program

- in Moscow: one high-level bilateral meeting, aimed at the signing of the Action Program of bilateral collaboration for 2009-2010.



d) in the field of carrying out mutual study visits, for the Parties' experts, aimed at experience exchange (two specialists, for a period up to 5 days)



During the year of 2007:



- attendance of FAS RF experts in one RCC Workshop on the theme «Romania's experience in state aid policy enforcement», to be organized in Bucharest, in the second half-year

- attendance of FAS RF experts in one Workshop to be organized by RCC (in Bucharest, or in a territorial location), on antitrust (antimonopoly) issues, in the second half-year

- one visit of RCC experts in Moscow, to FAS RF, focused both on antitrust (antimonopoly) and on state aid policy issues, in the second half-year



During the year of 2008:



- one study visit of RCC experts to FAS RF, in the first half-year

- one study visit of FAS RF experts to RCC, in the second half-year



e) in the field of holding symposia, conferences and seminars:



- invitation, by the organizing Party, of the other Party's representatives, in order to participate in symposia, conferences and seminars on competition policy organized by it.



2. In case of need and subject to the confidentiality rules observance, the Parties:



- shall provide each other with information on the economic entities (subjects) acting on the territory of the other Party, if this activity could have a negative influence on competition on the commodity markets of the other Party

- shall provide each other with information on issues related to anticompetitive practices which can affect the interests of economic entities (subjects) of the other Party

- shall provide each other with information on cases of anticompetitive practices of the third countries' economic entities (subjects), with the aim of preventing such infringements on the Parties' territories

- shall render assistance each other in investigating cases of anticompetitive practices of the Parties' economic entities (subjects).



Provision of information is carried out on the base of a request submitted by one of the Parties, which includes mentioning of the purpose of information use, and description of the case circumstances, alongside with attachment of all relevant documents. The Parties shall use the received information only with the purposes stated in the request.



The requested information is provided within the time agreed by the Parties, but not later than forty five days (45) after the date the request has been received. The Party, which receives the request, informs the other Party on circumstances, which could cause nonobservance of the given period for providing the information.



3. Depending on concrete needs, Parties may initiate direct consultations, both on issues of bilateral interest and on issues related to their participation within the actions and events organized by international organizations acting in the field of competition.



In this respect, the interested Party should send a written request, via e-mail.

The reply should be also in written form, by e-mail.

In all cases, the confidentiality rules should be entirely observed, according to the Parties' legislation.



4. In order to fulfil the present Action Program, the Parties shall use English as working language (correspondence, documents, meetings).



5. The Parties designate persons to coordinate fulfillment of the present Program.



6. All the expenses, including travel / transport, food, accommodation, translation expenses, related to the high-officials and specialists visits, as well as to the participation of high-officials and specialists in different events and meetings, should be covered by the sending Party.



7. In case of need, Parties shall organize additional consultations on issues related to the fulfillment of the present Program, and of the Collaboration Agreement.



8. The Program is valid until 31 December 2008. Actions begun but unfinished within the present Program fulfilling, should be taken over in the Program for the next period.



9. The Parties commit themselves to sign the Action Program for the period 2009-2010 until 31 December 2008.



10. Signed in Moscow, on 28th of May 2007, in two copies, each in Russian, Romanian, and English. In case of lack of agreement, the English text should be used.





For the FAS RF,

Igor ARTEMIEV



For the RCC,

Alexe GAVRILA