Trade remedies
Trade remedies
With the formation of the EAEU, the territories of the member States of the Union comprise a single internal market, in which uniform measures for regulating foreign trade are adapted. In these conditions, the common task of the member States is to protect the internal market from imports from third countries, which are detrimental to the producers and economies of the member States.
To protect the economic interests of producers of goods, the Union may introduce measures in the form of:
– safeguard measures (measures against a sharp increase in imports);
– anti-dumping measures (measures in relation to dumping imports);
– countervailing measures (measures in relation to subsidized imports).
The trade remedies for the internal market which are presently in force in the EAEU are listed on the Eurasian Economic Commission website.
Prior to the introduction of these measures, the producers of the EAEU file a statement of damage or threat of damage, which are investigated by the Department for Internal Market Defence of the Eurasian Economic Commission.
In accordance with the EAEU Treaty of May 29, 2014, in the functioning of the internal market in mutual trade of goods, the member States do not apply safeguard, anti-dumping and countervailing measures, with the exception of the following cases provided for by the Treaty:
1) protection of human life and health;
2) protection of public morals and public order;
3) environmental protection;
4) protection of animals and plants and cultural values;
5) implementation of international obligations;
6) ensuring the defence and security of the member States.
Exceptional cases of trade remedies applied in trade between EAEU member States are compensatory investigations of subsidized imports.
At the level of the national legislation of the Republic of Kazakhstan, the issues of trade remedies are regulated by the Law of the Republic of Kazakhstan dated April 12, 2004 No. 544 “On regulation of trading activity”.