WT/REG363/3  
 
7 November 2018  
(18-6905) Page: 1/5 
Committee on Regional Trade Agreements  Original: English /Spanish  
 
 
TREATY ON ACCESSION OF THE REPUBLIC OF A RMENIA  
TO THE EURASIAN ECON OMIC UNION  
(GOODS AND SERVICES)  
QUESTIONS AND REPLIE S 
 The following communication, dated 25 October  2018,  is being circulated at the request of the 
delegations of Armenia , Belarus, Kazakhstan and the Russian Federation.  
 
_______________  
 
 
Question from the delegation of Canada  
 
Regulatory provisions on trade in goods  
 
Standards  
 
1.1.  Paragraph 3.29: "Pending full harmonization of EAEU member States technical 
barriers to trade (TBT), conformity assessment procedures and sanitary and 
phytosanitary measures, three systems coexist: a national system, one based on mutual 
recognition and finally the EAEU har monized system. " 
 What is meant by "one based on mutual recognition"? Is the mutual recognition only 
within the EAEU, or does this include recognition of 3rd country inspection systems and 
conformity assessment procedures?  
 
The countries of the EAEU mutually recognize the results of conformity assessment for 
products in respect of which the Union 's technical regulations have come into force. The certificate 
of conformity obtained in one of the countries of the Union is accepted in all the others.  
 
As regards the third countries, recognition is carried out in accordance with national legislation 
and on the basis of agreements on mutual recognition between a Member State of the Union and 
third countries.  
 
Questions from the delegation of Ecuador  
 
1.2.  Paragr aph 2.1 on page 8 states that "In acceding to the EAEU, Armenia accedes to 
the totality of the EAEU legal framework, in accordance with the "Treaty on Accession of 
the Republic of Armenia to the EAEU" (hereafter, the "Accession Treaty"), as follows: 
[…]".  
 What would the transition period be for Armenia's full application of the EAEU legal 
framework, and while this is taking place what would Armenia's trading relationship be 
with the RTAs that the EAEU maintains with other countries? Would Armenia benefit f rom 
tariff preferences?  
 
The transition period for Armenia's full application of the EAEU legal framework is set by 
Annex  2 to the Treaty on Accession of the Republic of Armenia to the EAEU.  
 
The EAEU did not sign RTAs with other countries before Armenia 's accession to the Union.  WT/REG363/3  
 
- 2 - 
 
  1.3.  Regarding Table 3.2 on page 11:  
 Please indicate what types of product make up the 65% of products imported by 
Armenia that do not benefit from duty -free treatment, as, unlike the EAEU, Armenia 
imports more products outside the pre ferential duty -free regime.  
 
During 2012 -2015 period, as well as afterwards, 100% of products imported by Armenia from 
EAEU member States have benefited from free trade regime.  
 
1.4.  In Section 3.2.1.1 on page 13, it is stated that "Upon its accession, Armenia has been 
given a number of temporary exceptions to the CET; as of 2022, the CET will apply in full 
[…]".  
What are these temporary exceptions? How do these exceptions to the CET affect 
the RTAs that the EAEU maintains with other countries?  
 
The full list of  temporary exceptions from CET, applied during 2015 -2022 period in accordance 
with the Decision of the Council of th e Eurasian Economic Commission No. 113 of 
10 December  2014, can be found in the following document:  
(http://www.eurasiancommission.org/ru/act/trade/catr/ttr/Documents/%D0%98%D0%97%D0%A
A%D0%AF%D0%A2%D0%98%D0%AF%20%D0%A0%D0%90%20%D0%BD%D0%B0%2001.09.
2018.pdf ). The exceptions are indicated based on the 6th edition of the HS.  
 
With regard to  the effect that the exceptions to the CET have on the RTAs that the EAEU 
maintains with other countries, in accordance with the Article 35 of the Treaty on the EAEU, when 
instituting an RTA in accordance with an international agreement between EAEU countr ies and a 
third country the customs duties are applied in accordance with the international agreements 
comprising the Law of the EAEU.  
 
1.5.  Paragraph 3.29 on page 19 states that "[…] The Accession Treaty provides that EAEU 
disciplines in this field apply, as m odified by the relevant provisions of the 
Accession  Treaty. In particular, it foresees transition periods for Armenia to apply certain 
common EAEU technical regulations […]".  
 Please indicate where the common EAEU regulations can be found  and whether they 
are available in English.  
 
Based on Decision No.  526 of Eurasian Economic Commission, if the product has EAEU 
technical regulation then National technical regulations are not used anymore, while for the products 
which are within the expired time period, th e National technical regulation will continue until 
expiration or transition data ․ 
 
EAEU regulations can be found via e -link: 
http://www.eurasiancommission.org/ru/act/texnreg/deptexreg/tr/Pag es/%d0%a2%d0%b5%d1%
85%d0%bd%d0%b8%d1%87%d0%b5%d1%81%d0%ba%d0%b8%d0%b5%20%d1%80%d0%b
5%d0%b3%d0%bb%d0%b0%d0%bc%d0%b5%d0%bd%d1%82%d1%8b%20%d0%a2%d0%b0
%d0%bc%d0%be%d0%b6%d0%b5%d0%bd%d0%bd%d0%be%d0%b3%d0%be%20%d1%81%
d0%be%d1%8e%d0%b7%d0%b0.aspx , but they are no t available in English.  
 
1.6.  On page 12, p aragraph 3.8 of Chapter 3 (Provisions on trade in g oods ), Section 3.1 
(Trade liberalization between the Parties), reads as follows: "Free economic (special) 
zones and free warehouses, established in Armenia in accordance with domestic 
legislation, are authorized under Article 27 of the EAEU Treaty. As of June 2018, there are 
three operating free economic zones (FEZ) in Armenia".  
 How has the establishment of free economic (special) zones and free warehouses 
contributed to the development of international trade between Armenia and its trading 
partners?  
 WT/REG363/3  
 
- 3 - 
 
  "Alliance" FEZ, launched in August 2013 for a duration of ten years, is oriented towards the 
production and exports of high and innovative technologies. Currently  the abovementioned FEZ is 
operated by 13 companies (6 of 13 operate from 2017 and 2 companies operate from 2018). The 
export volume in 2016 was about 2.1 billion AMD.  
 
"Meridian" FEZ, launched in March 2015 for a duration of 10 years, is specialized in j ewelry, 
diamond cutting and watchmaking.  "Meridian " FEZ is operated by six  companies. The export volume 
in 2016 was about 2 billion AMD and 6.2 billion AMD in 2017.  
 
"Meghri" FEZ, launched in December 2017 for a duration of 50 years, operates in the indus trial 
and logistic fields. Currently there are no operating companies.  
 
1.7.  On page 14, p aragraph 3.14 of Chapter 3.2 ( Trade with third parties ), Section 3.2.1.1 
(Level of harmonization) , reads as follows: "Additional details on CET exceptions are 
provided in Table 3.3. In 2015, Armenia's CET exceptions were in force for 780 tariff lines, 
accounting for 0.37% of extra -EAEU(4) imports (average of 2012 -2014, 2012 -2013 for 
Belarus); in 2021, the corresponding numbers will be 82 tariff lines, representing 0.05% 
of EAEU's imports from third parties".  
 For which headings are CET exceptions in force in the period 2017 -2018?  
 
The full list of CET exceptions for the period of 2017 -2018 can be found in the following 
document:  
http://www.eurasiancommission.org/ru/act/trade/catr/ttr/Documents/%D0%98%D0%97%D0%A
A%D0%AF%D0%A2%D0%98%D0%AF%20%D0%A0%D0%90%20%D0%BD%D0%B0%2001.09.
2018.pdf . 
 
1.8.  On page 22, paragraph 3.51 of  Chapter 3.4  (Regulatory provisions on trade in goods ), 
Section 3.4.4  (Customs -related procedures ), reads as follows: "The EAEU Customs Code 
entered into force on 1 January 2018; pending its entry into force, the Customs Code of 
the CU was applied. Domestic customs regulations remain in force to the extent that they 
do not conflict with the EAEU Customs Code. As of July 2018, Armenia was finalizing a 
draft law on customs regulation that takes into account the EAEU Customs Code 
requirements".  
a. What is the current status  of the draft law on customs regulation that takes into 
account the EAEU Customs Code req uirements?  
The draft law on customs regulation is currently in the process of internal discussions among 
state bodies.  
 
b. Are customs procedures carried out electronically? What progress has been 
made in Armenia's implementation of the EAEU single window?  
The EEU Customs Code establishes the priority of electronic customs declaration, realizes the 
ability to perform customs operations related to the registration of a customs declaration and release 
of goods, automatically, by customs information systems, prov ides the opportunity to submit a 
customs declaration without submitting to the customs authority the documents on the basis of 
which it is filled, and also laid the basis for the use of the "single window " mechanism in customs 
operations.  
 
The development of national "single window " mechanisms is conducted by each Member State 
of the Union independently. In 2017, the Eurasian Economic Commission conducted an assessment 
of the state of development of national single window mechanisms in the Member States of the 
Union. Information on the results of the analysis in English can be found on the official website of 
the Eurasian Economic Commission at the following link:   
http://www.eurasiancommission.org/ru/act/tam_sotr/edinoe_okno/Documents/9281012 -en.pdf  
 WT/REG363/3  
 
- 4 - 
 
  Questions from the delegation of the European Union  
 
Provisions on trade in goods  
 
Application by Armenia of the EAEU's CET  
 
1.9.  "Paragraph 3.10: As per the Accession Treaty, Armenia has committed to renegotiate 
its WTO bound rates, with renegotiations being conducted by a delegation appointed by 
the Council of the EAEU Commission (paragraph 38 of Annex 3 to the Accession Treaty). 
A joint delegation, comprisin g representatives of Armenia, Belarus, Kazakhstan, Kyrgyz 
Republic, Russian Federation and the EAEU Commission was later appointed (Order of the 
Council of the Commission No 30 of 2 December 2015, which replaced Order 12 of 
23 April  2015). The results of t he renegotiations shall first be approved by the Council of 
the Commission prior to their final adoption in the WTO; following that, the CET shall be 
modified accordingly.  
 Paragraph 3.11. Procedures under Articles XXIV:6 and XXVIII of the GATT 1994 for 
the modification of Armenia's Schedule CLV were initiated by Armenia in November 2014, 
with in particular the circulation of relevant data."  
 
 Paragraphs 3.10 and 3.11 refer to the renegotiation of Armenia 's bound rates and 
to procedures under Articles XXIV:6 and XXVIII of the GATT 1994. As it emerges from the 
debates in the Council for Trade in Goods, under GATT Article XXIV:6, the members of the 
Eurasian Economic Union shall provide the resulting compensat ory adjustments and bind 
them in their respective schedules. Taking into consideration that paragraph  3.10 only 
mentions the modification of the CET and paragraph 3.11 is silent on compensatory 
adjustments, can Armenia and the other members of the Eurasian  Union please confirm 
that the compensatory adjustments resulting from GATT Art.  XXIV:6 procedures will be 
bound in their respective schedules?  
 
The issue has been discussed in the course of GATT Art. XXIV:6 negotiations between Armenia 
and EU. The fulfil ment of Armenia 's new tariff obligations resulting from renegotiation process will 
be ensured by the introduction of appropriate legal instruments within the EAEU legal base.  
 
Provisions on trade in services and investment  
 
Horizontal reservations  
 
1.10.   "Paragraph 4.19: Under the GATS, Armenia has scheduled MFN exemptions for 
existing bilateral agreements for freight and passenger road transport services, as well 
as for existing or future bilateral/multilateral agreements with European countries on 
audiov isual services relating to the production and distribution of motion picture and 
television programmes. Under the EAEU, MFN exemptions are granted to audiovisual 
services and reserved for financial services, natural monopolies, energy and transport; 
some o f these are however lifted in accordance with the liberalization plans for the 
creation of single service markets."  
 Could Armenia clarify as to what the following sentence means in practice:  
 
 Under the EAEU, MFN exemptions are granted to audiovisual serv ices and reserved 
for financial services, natural monopolies, energy and transport.  
 
According to the EAEU Treaty the single services markets should be established in the 
maximum number of sectors (currently in 49 services sectors, in 23 sectors from 2019 -2021). In 
relation to such strategic sectors as finance, transport and energy the common services market 
should also be created until 2025. Regarding natural monopolies the EAEU member States strive to 
reduce the number of spheres where they exist and create conditions for the development of 
competition in such spheres.  
 WT/REG363/3  
 
- 5 - 
 
  According to the Treaty on Accession of the Republic of Armenia to the Eurasian Economic 
Union (Annex 2, paragraphs  2 and 3), MFN horizontal exemptions are granted to audiovisual servic es 
and reserved on national level for some financial services, natural monopolies, energy and transport, 
etc. 
__________