The protocol on modification and amendments in the Agreement on application of special protective, anti-dumping and countervailing measures in relation to the third countries of January 25, 2008

of October 18, 2011

The governments of state members of the Customs union within Eurasian economic community which are hereinafter referred to as with the Parties

according to article 42 of the Agreement on application of special protective, anti-dumping and countervailing measures in relation to the third countries of January 25, 2008

agreed as follows:

Article 1

Bring in the Agreement on application of special protective, anti-dumping and countervailing measures in relation to the third countries of January 25, 2008 (dalee-Soglasheniye) changes and amendments according to appendix to the this Protocol which is its integral part.

Article 2

The disputes between the Parties connected with interpretation and (or) application of the this Protocol are permitted according to the procedure, established by the Agreement.

Article 3

The this Protocol is temporarily applied from signature date and becomes effective from the date of receipt by depositary through diplomatic channels of the last written notice of accomplishment of the interstate procedures by the Parties necessary for the introduction of the this Protocol in force.

It is made in St. Petersburg on October 18, 2011 in one authentic copy in Russian.

The authentic copy of the this Protocol is stored in the Commission of the Customs union which, being depositary of the this Protocol, will send to each Party its verified copy.

Appendix

to the Protocol on modification and amendments in the Agreement on application of special protective, anti-dumping and countervailing measures in relation to the third countries of January 25, 2008

Changes and additions which are made to the Agreement

1. In preamble of the word "Government of the Republic of Belarus, Government of the Republic of Kazakhstan and Government of the Russian Federation" shall be replaced with words "The governments of state members of the Customs union within Eurasian economic community".

2. In Article 1:

a) in Item 1:

words "commodity import, the third countries occurring from customs areas" shall be replaced with words "introduction and application of special protective, anti-dumping and countervailing measures concerning the goods coming from foreign states";

shall be replaced with words words of "customs area of the states of the Parties" "single customs area of the Customs union";

b) in Item 2 of the word "investments and currency exchange control" shall be replaced with words "investments, currency and export exchange control".

3. Add with article 11 of the following content:

"Article 1-1 the Legal base of the Customs union on special protective, anti-dumping and countervailing measures

1. The legal base of the Customs union on special protective, anti-dumping and countervailing measures consists from:

1) this agreement and international treaties of the states of the Parties signed within forming of the Customs union and regulating legal relationship in scope of special protective, anti-dumping and countervailing measures in the part which is not contradicting provisions of this agreement;

2) the decisions of bodies of the Customs union made according to this agreement and (or) international treaties of the states of the Parties signed within forming of the Customs union.".

4. State Articles 2 and 3 in the following edition:

"Article 2 Main terms

The terms used in this agreement mean the following:

"the similar goods" - the goods completely identical to goods which are or can become object of investigation (repeated investigation) or for lack of such goods other goods having the characteristics close to characteristics of goods which are or can become object of investigation (repeated investigation);

"anti-dumping measure" - measure for counteraction to dumped imports which is applied according to the decision of the Commission of the Customs union by means of introduction of anti-dumping duty, including preliminary anti-dumping duty, or approval of the price obligations assumed by the exporter;

"anti-dumping duty" - duty which is applied in case of introduction of anti-dumping measure and is levied by customs authorities of the states of the Parties irrespective of import customs duty;

"margin of dumping" - the relation of normal value of a product expressed as a percentage less export price of such goods to its export price or the difference between the normal value of a product and its export price expressed in absolute measures;

"import quota" - restriction of commodity import for single customs area of the Customs union on its quantity and (or) cost;

"foreign state" - the state (merging of the states), not being the participant of this agreement, and also the territory included in the Qualifier of the countries of the world approved by the Commission of the Customs union;

"countervailing measure" - the measure for neutralization of impact of specific subsidy of the exporting foreign state for industry of economy of the states of the Parties applied according to the decision of the Commission of the Customs union by means of introduction of the compensatory duty, including the preliminary compensatory duty, or approval of obligations assumed by authorized body of the subsidizing foreign state or the exporter;

"compensatory duty" - duty which is applied in case of introduction of countervailing measure and is levied by customs authorities of the states of the Parties irrespective of import customs duty;

"material damage of industry of economy of the states of the Parties" - the deterioration of the situation of industry of economy of the states of the Parties confirmed with proofs which is expressed, in particular, in production reduction of similar goods in the states of the Parties and amount of its realization in the market of the states of the Parties, decrease in profitability of production of such goods, and also in negative impact on trade inventories, employment, the salary level in this industry of economy of the states of the Parties and the level of investments into this industry of economy of the states of the Parties;

"directly competing goods" - the goods comparable to goods which are or can become object of investigation (repeated investigation), according to the destination, to application, quality and technical characteristics and also on other main properties in such a way that the buyer replaces or are ready to replace it in the course of consumption with goods which are or can become object of investigation (repeated investigation);

"the regular course of trade" - purchase and sale of similar goods in the market of the exporting foreign state at the price not below its weighted average cost determined proceeding from the weighted average costs of production and the weighted average trading, administrative and total costs;

"industry of economy of the states of the Parties" - all producers of similar goods (for the purposes of anti-dumping and compensation investigations) or the similar or directly competing goods (for the purposes of special protective investigation) in the states of the Parties or those from them, share in total production in the states of the Parties according to which similar goods or the similar or directly competing goods constitutes essential part, but at least 25 percent;

"payers of the special, anti-dumping, compensatory duties (including the preliminary special, preliminary anti-dumping, preliminary compensatory duties)" - the customs applicant or other persons on whom according to the Customs Code of the Customs Union, international treaties of the states of the Parties and (or) the legislation of the states of the Parties assign obligation on payment of import customs duties and taxes concerning the goods imported from foreign states on single customs area of the Customs union to which the special, anti-dumping and compensatory duties are applied (including the preliminary special, preliminary anti-dumping and preliminary compensatory duties);

"preceding period" - 3 calendar years directly prior to date of filing of application about conducting investigation for which there are necessary statistical data;

"the connected persons" - persons who answer one or several of the following criteria:

each of these persons is employee or the head of the organization created with participation of other person;

persons are business partners, that is are connected by contractual relations, act for the purpose of generation of profit and jointly incur the expenses and losses connected with implementation of joint activities;

persons are employers and employees of one organization;

any person directly or indirectly owns, controls or is nominee holder of 5 and more percent of voting shares or shares of both persons;

one of persons directly or indirectly controls other person;

both persons are directly or indirectly controlled by the third party;

both persons together directly or indirectly control the third party;

faces consist in the marriage relations, the relations of relationship or property, the adoptive father or adopted, and also the custodian and the ward.

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