21.11.2022 (Обновлено: 29.11.2022 16:45)

Andrey Zakharov at EAEU Court conference: "The Treaty on the Union directly provides for the right of producers to be protected through the application of special protective, anti-dumping and countervailing measures"

Director of the EEC Department for Internal Market Protection Andrey Zakharov took part in the session of the international conference of the Court of the Eurasian Economic Union titled "Ensuring Effective Access to Justice in the EAEU".

"Special protective, anti-dumping and countervailing measures are international trade regulation instruments that are widely used in the world to protect producers from increased imports, dumped imports or subsidized imports. The Treaty on the Union expressly provides for the right of producers of the EAEU countries to be protected through the application of such measures," he recalled.

The speech was devoted to topical areas for improving the law of the EAEU in the field of application of measures to protect the domestic market.

Amendments were noted on the revision of the measure for the absorption of anti-dumping duties, which were included in the so-called "Great II" Protocol on Amendments to the Treaty on the EAEU.

"As soon as these amendments enter into effect, manufacturers will not have to wait long to apply for a recalculation of the amount of duty if it is obvious that after the introduction of the measure, the price on the Union market has not changed," underlined Director of the EEC Department.

Andrey Zakharov told the audience that a new package of amendments is being prepared, which provides, in particular, for in-depth participation of Member States in investigations, new tools for alleviating consumer concerns, improving the provisions for the so-called "regional industry", as well as the rules on "negative decision" of the Commission's Board for protective measures.

When answering the questions of the conference participants, Andrey Zakharov noted that the reports of the investigating body use references not only to the provisions of the WTO agreements, but also to law enforcement practice, which is important when substantiating the conclusions based on the investigation results. Director of the Department drew attention to the rights of interested parties in the framework of the quasi-judicial investigation procedure. Once interested parties see errors or incorrect application of the law, they can use their procedural possibilities during the investigation so that a decision is made with account to their comments and interests.