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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of May 10, 2018 No. 68

About approval of the Procedure for evaluating effects of impact of special protective, anti-dumping or countervailing measure on the competition in the corresponding goods market of the Eurasian Economic Union

Based on the subitem 2 of Item 43 of the Regulations on the Eurasian economic commission (appendix No. 1 to the Agreement on the Eurasian Economic Union of May 29, 2014), for the purpose of ensuring realization of Item 221 of the Protocol on application of special protective, anti-dumping and countervailing measures in relation to the third countries (appendix No. 8 to the Agreement on the Eurasian Economic Union of May 29, 2014) the Board of the Eurasian economic commission solved:

1. Approve the enclosed Procedure for evaluating effects of impact of special protective, anti-dumping or countervailing measure on the competition in the corresponding goods market of the Eurasian Economic Union.

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Chairman of Board of the Eurasian economic commission

T. Sargsyan

Approved by the Decision of Board of the Eurasian economic commission of May 10, 2018, No. 68

Procedure for evaluating effects of impact of special protective, anti-dumping or countervailing measure on the competition in the corresponding goods market of the Eurasian Economic Union

1. This Procedure is developed for the purpose of realization of Item 221 of the Protocol on application of special protective, anti-dumping and countervailing measures in relation to the third countries (appendix No. 8 to the Agreement on the Eurasian Economic Union of May 29, 2014) (further - the Protocol on protective measures) and determines terms, the sequence of actions (ministerial procedures) and the requirement to contents of the conclusion about assessment of effects of impact of special protective, anti-dumping or countervailing measure (further - protective measure) on the competition in the corresponding goods market of the Eurasian Economic Union (further respectively - assessment of effects, the Union), and also regulates interaction of the structural division of the Eurasian economic commission (further - the Commission) authorized in the field of control of observance of general competition rules in the cross-border markets (further - authorized division), with the body making investigations as which the structural division of the Commission responsible for conducting the investigations preceding introduction of protective measure (further - the body making investigations), and also with public authorities of state members of the Union (further - state members) which competence includes realization and (or) carrying out competition (anti-monopoly) policy (further - antimonopoly authorities), for evaluating effects acts.

2. The concepts used in this Procedure are applied in the values determined by the Protocol on protective measures and the Protocol on the general principles and competition rules (appendix No. 19 to the Agreement on the Eurasian Economic Union of May 29, 2014).

3. If this, available the body making investigations for the beginning of special protective, anti-dumping or countervailing investigation, confirm availability of conditions for evaluating effects, the stipulated in Item 221 Protocol on protective measures (if the share of the producer which supported the statement specified in Item 186 of the Protocol on protective measures in the goods market of the Union is equal or exceeds 35 percent within 2 calendar years preceding start date of investigation), the body making investigations within 30 calendar days from start date of investigation sends to authorized division inquiry for evaluating effects and not confidential version of the statement for application of protective measure.

If this, available the body making investigations for the beginning of investigation confirm lack of the specified conditions, but availability of such conditions is established by analysis results of information obtained during the investigation the body making investigations within 4 months from start date of investigation sends to authorized division inquiry for evaluating effects and not confidential version of the statement for application of protective measure.

4. If after sending an inquiry about evaluating effects, the body making investigations for analysis results of information obtained during the investigation reveals lack of the conditions specified Item in paragraph one 3 presents of the Procedure, evaluating effects is not required what the authorized division is informed on.

5. The authorized division within 10 working days from the date of receipt of request for evaluating effects sends to antimonopoly authorities inquiries for provision of information, and in case of receipt of information, the stipulated in Item 4 presents of the Procedure, informs on lack of need for provision of information requested according to this Item.

6. Antimonopoly authorities no later than 3 months from the date of receipt from authorized division of request about provision of information provide necessary information on the corresponding goods market of state member which can be affected by protective measure. In case of need the antimonopoly authority can extend the specified term, but no more than for 1 month on what in writing notifies authorized division (with indication of the term during which information will be submitted).

Aggregate term of provision by antimonopoly authorities of information on the corresponding goods market of state member cannot exceed 4 months from the date of receipt of request about provision of information from authorized division.

The authorized division takes information specified in this Item into consideration by preparation of the conclusion about assessment of effects.

7. Based on sources of initial information, stipulated in Item 5 Techniques of assessment of competitive situation approved by the Decision of Council of the Eurasian economic commission of January 30, 2013 No. 7, authorized division are prepared by the conclusion about assessment of effects which includes:

a) assessment of current status of the competition for the period, constituting 2 years preceding start date of investigation including:

analysis of level of concentration of the corresponding goods market of the Union;

the analysis of growth of import, including dumped or subsidized imports (in case of carrying out anti-dumping or countervailing investigation respectively), and its shares in the ratio with goods production volume in the corresponding goods market of the Union;

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