ArmInfo. Armenia will accede to the EAEU protocol on a special mechanism for conducting research and making decisions on the application or non-application of special protective, anti-dumping, and countervailing measures. At its meeting on September 29, the Committee on Regional and Eurasian Integration of the National Assembly of the Republic of Armenia approved the protocol "On Amending the Part of the Treaty on the Eurasian Economic Union of May 29, 2014, Regarding the Special Mechanism for Conducting Research and Making Decisions on the Application or Non-application of Special Protective, Anti-Dumping, and Countervailing Measures," submitted by the Armenian government for ratification.
Presenting the document, RA Minister of Economy Gevork Papoyan noted that the protocol was signed on December 26, 2024, in St. Petersburg. Its main objective is to improve the mechanisms for applying special protective, anti-dumping, and countervailing measures, as well as to optimize the decision-making mechanism for applying these measures in order to eliminate the negative impact of unfair imports on EAEU producers. The Protocol establishes a special mechanism for conducting research and making decisions on the application or non-application of special protective, anti- dumping, and countervailing measures. Specifically, as part of regulating the exercise of the veto power over decisions of the Board of the Eurasian Economic Commission on the application of special measures, it provides for the establishment of a period for the development of a mutually acceptable solution and its consideration by the Eurasian Intergovernmental Council, during which the entry into force of the relevant decision of the Commission is suspended. Based on the results of the study of the issue, the Intergovernmental Council makes a decision by consensus. In the absence of consensus when making a decision by the Intergovernmental Council, the issue is submitted for reconsideration by the Intergovernmental Council. In the absence of consensus, the Commission appeals to the Court of the Union on the issue of compliance with the principle of balance. The Board of the Commission reconsiders the issue and brings it into line with the results of the opinion of the Court of the Union. This decision comes into force in accordance with the established procedure.
The Commission monitors the implementation of the effective decision, in particular the impact of the said measure on consumers of the product and the implementation by producers of measures that facilitate the adaptation of the economic sector to changing economic conditions resulting from the application of a special protective, anti-dumping, or countervailing measure. To further warn consumers of the risks posed to them and address the concerns of Member States, the study envisages, simultaneously with the decision to apply a special protective measure, the adoption of behavioral recommendations for EAEU product manufacturers. These recommendations may include measures to prevent discrimination against consumers of the product in the Member State, as well as other necessary conditions. If the body conducting the study finds significant violations of the behavioral recommendations, a follow-up study will be conducted as soon as possible. Based on the results, the special protective, anti-dumping, or countervailing measure will be modified or cancelled, taking into account the severity of the consequences of the violations for the product market.
Furthermore, the provisions establish specifics for determining the economic sector of Member States in the case of dumped or subsidized imports, in particular the procedure for applying anti-dumping or countervailing measures to imports of goods supplied for use within a separate competitive market, and the payment of anti-dumping or countervailing duties. They also regulate expanded interaction between the investigating body and the authorized bodies of Member States during the investigation, including the provision of information on the structure and situation of the Union and Member State markets at the request of the authorized body of a Member State. The Commission has the right to assess the impact of a safeguard measure on competition during a re- investigation following the expiration of the safeguard measure.
