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Sunday 7 February 2021

EAEU to Take Retaliatory Measures

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ALMATY (EAEU press service) – Following a meeting held on 5 February in Almaty, Kazakhstan, the Eurasian Intergovernmental Council mandated the Eurasian Economic Commission (EEC), together with the governments of the member States of the Eurasian Economic Union (EAEU), to begin preparation of a mechanism for enforcement of retaliatory measures.

It should be noted that Russia is subject to economic sanctions by the United States and some of its allies, and thus can demand that members of the EAEU take part in retaliatory measures.

Article 40(1) of the EAEU Treaty of 29 May 2014 stipulates the application of retaliatory measures against a third party in the customs territory of the union. Measures will therefore be taken to ensure effective protection of the economic interests of the Union and its member states. At the same time, the Commission has been instructed to pay particular attention to cases where the trade dispute settlement procedure provided for in existing international treaties is blocked.

The issue of dispute settlement deadlock has recently been aggravated by the suspension of the Appellate Body of the World Trade Organisation (WTO). As a result, a defendant who is a member of the WTO and who has lodged an appeal may apply measures recognised as incompatible with the law of the organisation, damaging the economies of other member states.

It is also necessary to define the procedure in situations where it is not possible to bring to a successful conclusion the trade dispute provided for in the Union’s existing agreements on the establishment of free trade areas.

Once the issue concerned has been elaborated, the EEC, in cooperation with the governments of the Member States, is responsible for preparing proposals with draft regulations.

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