WT/TPR/M/379/Add.1  
 
8 February 2019  
(19-0742) Page: 1/57 
Trade Policy Review Body  
20 and 22 November 2018  Original: English/ anglais/inglés  
 
 
  
TRADE POLICY REVIEW  
ARMENIA  
MINUTES OF THE MEETI NG 
Addendum  
Chairperson: H.E. Mr. Junichi Ihara  (Japan ) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by  Armenia .1 
 
 
Organe d 'examen des politiques commerciales  
20 et 22 novembre  2018 
EXAMEN DES POLITIQUE S COMMERCIALES  
ARMÉNIE 
COMPTE RENDU DE LA R ÉUNION  
Addendum  
Président : S.E. M. Junichi Ihara (Japan ) 
Le présent document contient les questions écrites communiquées à l 'avance par les 
Membres de l 'OMC, leurs questions additionnelles, et les réponses  fournies par  l'Arménie .1 
 
 
Órgano de Examen de las Políticas Comerciales  
20 y 22 de noviembre de 2018 
EXAMEN DE LAS POLÍTI CAS COMERCIALES  
ARMENIA  
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo. Sr. Junichi Ihara (Japan ) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuest as facilitadas por  
Armenia .1 
 
_______________
                                                
1 In English only/En anglais seulement/En inglés solamente.  WT/TPR/M/379/Add.1  
 
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  TABLE OF CONTENTS  
 
ICELAND  ................................ ................................ ................................ ..........................  3 
CHINA  ................................ ................................ ................................ ..............................  5 
UNITED STATES OF AME RICA  ................................ ................................ ...........................  8 
JAPAN  ................................ ................................ ................................ ............................  26 
EUROPEAN UNION  ................................ ................................ ................................ .........  27 
UKRAINE  ................................ ................................ ................................ ........................  38 
CHILE  ................................ ................................ ................................ .............................  48 
ARGENTINA  ................................ ................................ ................................ ....................  50 
THAILAND  ................................ ................................ ................................ ......................  52 
CANADA  ................................ ................................ ................................ .........................  53 
INDIA  ................................ ................................ ................................ ............................  56 
 
  WT/TPR/M/379/Add.1  
 
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  ICELAND  
On the occasion of the 11th Ministerial Conference in Buenos Aires l ast December more than 120 
WTO M embers and observers launched a joint declaration on women and economic empowerment 
that aims inter alia  at sharing best practices and working together at the WTO to remove barriers 
for women 's economic empowerment and increase their participation in trade.  
Report by the Secretariat – WT/TPR/S/379  
The report by the S ecretariat prepared for the Trade Policy Review of Armenia points out that the 
Armenian government aims to attract investment and improve the business climate, with the goal 
of raising economic growth and making it more inclusive. According to the report a large and diverse 
set of initiatives are  underway in the business environment, public administration, financial sector 
and energy sector.  
Iceland has the following questions:  
• Could Armenia provide more information on these initiatives and whether they give 
particular attention to women, or gende r equality considerations?  
Reply  
The legislation of the Republic of Armenia  (RA), including the legislation regulating the business 
environment, does not have any provisions limiting the participation of women in the economy of 
Armenia or limiting the equa lity of men and women. Accordingly, the Government of the Republic of 
Armenia approves Business Environment Improvement Measures every year for the purpose of 
improving the business environment, which does not have gender discrimination.  
Moreover, within t he framework of RA Government and Central Bank support to SME programs and 
to increasing SME financial access in Armenia by cooperating with international financial institutions, 
among several SME financing programs, a targeted  international lending progra mme, "Women 
entrepreneurship support ", is financed by the Asian Development Bank.  
• What is the participation of women in the Armenian economy?  
Reply 
The RA legislation regulating the business environment does not have any provisions restricting the 
equal participation of women in the economy.  
Having said that, while the share of female population is much higher in higher education, the level 
of female  employment and participation in the economy of Armenia is lower compared to male. The 
Government of Armenia gives high importance to the equal opportunities for all, to which end 
constantly monitors the situation and conducts assessments to find out the b arriers present and 
possible efficient ways to remove them.  
On the other hand, the female participation is higher in the public sector.  
The detailed statistics of employment of women in the economy by types of economic activity can 
be found in the officia l website of the Statistical Committee of Armenia, www.armstat.am .  
• Have particular barriers that limit women 's participation in trade been identified?  
Reply 
As stated, there are no barriers to the participation of wom en in trade in accordance with the 
legislation of RA regulating the business environment. However, the participation of women in the 
economy is low and needs attention from the Government.  WT/TPR/M/379/Add.1  
 
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  • Has Armenia implemented any particular measures to encourage women 's participation in 
trade and promote women 's entrepreneurship, or are such measures being developed?  
Reply  
A number of measures have been implemented or are in development to encourage women 's 
participation in trade and promote women 's entrepreneurship.  
In 2013, the RA Law "On Equal Rights and Equal Opportunities for Men and Women " was adopted, 
which sets out guarantees for equal rights and equal opportunities for men and women in political, 
social, economic, cultural and social life and regulates their r elations.  
In 2012 , the Government of Armenia requested ADB 's support in promoting women 
entrepreneurship in the country, and a Sector Development Program (SDP). The programme  
comprises an integrated approach to enable women entrepreneurs and micro, small, and medium -
sized enterprises (MSMEs) in Armenia to play a greater role in economic development. The 
programme  had two components: (i) a policy -based loan to help fund budget allocations to 
strengthen the business environment and the Small and Medium Entrepreneurship Development 
National Center (SME DNC) of Armenia and its support for women entrepreneurs and MSMEs ; and 
(ii) a financial intermediation loan (FIL) to enable participating financial institutions (PFIs) to provide 
local currency loans to MSMEs, of which at least 50% are women 's MSMEs. The program me was 
supported by capacity development technical assistan ce (TA) to improve the entrepreneurial 
capacity of women and to increase the capacity of the SME DNC of Armenia, the project management 
unit of the German –Armenian Fund (PMU GAF), and PFIs to provide support for women 's 
entrepreneurship.  
The number of sup port actions by SME DNC of Armenia directed to Women entrepreneurs in 2017 
was around 4,200.  
The monitoring data on women trainees that presented business plans to FI Լ's is absent. But it 
should be mentioned that 25 out 79 (32%) of MSME which received fin ancial support from SME DNC 
of Armenia in 2017 were Women entrepreneurs.  
To encourage new investments for the improvement of business environment a number of tax 
incentives are in place in accordance with the Tax Code of Armenia, regardless of the gender o f the 
business entity.  
The draft Government Decree "On Approval of the 2019 -2023 Action Plan of the Government of the 
Republic of Armenia " has been developed and will be presented to the RA Government by 
10 December 2018. The promotion of women 's entrepre neurship opportunities is one of the priority 
directions of the Action Plan.  
  WT/TPR/M/379/Add.1  
 
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  CHINA  
Report by the Secretariat - WT/T PR/S/379  
SUMMARY  
Page 8 ，Paragraph  12 
In June 2011, Armenia adopted the Law on Free Economic Zones (FEZs) and, by the end of that 
year, had developed several regulations to attract foreign investment into FEZs through various 
incentives (e.g. tax -free profit for legal entities; no income tax for sole proprietors who are residents 
of FEZs; no property tax on public and industrial buildings and structures owned or leased by 
residents within FEZs; no customs charges or non -tariff measures applied on goods released under 
the "Free Customs Zone " procedure). Three FEZs are currently operational.  
1.  Could you please introduce the implementation of the Law on Free Economic Zones (FEZs), 
especially the implementation of various incentives to attract foreign investment and the outcome 
though the implementation of incentives?  
Reply 
Currently there are three  free economic zones in Armenia:  
• "Alliance " FEZ, launched in August 2013 for a duration of is 10 years, is oriented towards 
the production and exports of hi gh and innovative technologies. Currently the 
abovementioned FEZ is operated by 13 companies (6 of 13 operate from 2017 and 
2 companies operate fro m 2018). The export volume in 2016 was about AMD 2.1 billion.  
• "Meridian " FEZ, launched in March 2015 for duration of 10 years, is specialized in jewellery, 
diamond cutting and watchmaking. "Meridian " FEZ is operated by 6  companies. The export 
volume in 20 16 was about AMD 2 billion and AMD 6.2 billion in 2017.  
• "Meghri " FEZ, launched in December 2017 for duration of 50 years, operates in the 
industrial and logistic fields. Currently there are no operating companies.  
2.  Is there any differential treatment f or foreign investors during the implementation of various 
incentives?  
Reply  
Both foreign investors and local investors are treated equally during the implementation of various 
incentives.  
Page 75, Para graph  4.4 
There are about 317,346 farms, practically all of which are owned by smallholders, with an average 
farm size of 1.8 hectares. 
Page 78, Para graph  4.11 
There are a number of strategic documents designed by the Ministry of Agriculture aiming at 
developing the sector, such as the Rural and Agricultural  Sustainable Development Strategy (RASDS) 
2010-2020, the Plans of Action for the implementation of the RASDS, and the Armenia Development 
Strategy for 2014 -2025. 
 WT/TPR/M/379/Add.1  
 
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  3. Do the above -mentioned policies or other policies aiming at developing the agriculture sector  
include measures to expand the operation scale of agriculture and improve the economy of scale of 
agricultural production? If yes, please introduce the policies and provide related documents.  
Reply 
Considering the high importance of the sector for the ec onomy of Armenia, as it has a large share 
in the employment and is the source of income of a large sector of the population, especially in 
disadvantaged zones, the policy implemented in the agricultural sector is aimed at improving the 
efficiency of the br anch and its sectors, introducing modern technologies, industrializing, further 
developing of agriculture, creating favourable conditions for agricultural operators, increasing their 
real incomes, raising the level of food security of the country.  
In order  to achieve these goals, there are programs already launched, as well as to be launched in 
the coming years. Particularly, starting from 2017, the state support programme  on financial leasing 
of agricultural machinery (approved by the RA Government Protoco l Decision N11 of 16 March 2017) 
is launched in Armenia, which aims to supply agricultural machinery to agricultural operators with 
affordable terms (2% leasing interest rate) and results to creation of favourable conditions for 
commodity production and th e efficient use of agricultural land.  
Starting from 2017, the programme  on subsidizing interest rate of loans provided to agriculture 
(approved by the RA Government Protocol Decision N39 of 14 September 2017) and the programme  
on subsidizing interest rate of loans provided to agro -processing sector (approved by the RA 
Government Protocol Decision N53 of 21 December 2017) are launched. Implementation of these 
programs will enhance the level of accessibility of loans by means of partial subsidization of the 
interest rate of loans provided to agricultural operators, will create the opportunities for introduction 
of modern technologies in agriculture, will ensure timely payments to farms for purchasing 
agricultural products, will increase the competitiveness of the processed agricultural products and 
transfer from self -sustaining to income generating agriculture for small farmers.  
Starting from 2018, the programme  on subsidizing interest rate of loans provided for installation of 
anti-hail networks (approved by t he RA Government Protocol Decision N37 of 31 August 2017), the 
programme  on subsidizing interest rate of loans provided for introduction of drip irrigation system 
(approved by the RA Government Protocol Decision N53 -13 of 21 December 2017), the state suppo rt 
programme  on intensive orchards (approved by the RA Government Protocol Decision N53 -11 of 
21 December 2017), the programme  on financial leasing of agri -food equipment (approved by the 
RA Government Decision N893 -L of 19 July 2018) are launched. These p rograms are aimed at raising 
the level of agriculture intensification, mitigating damages to agriculture from climate disasters, 
introducing modern irrigation methods, replacing low -yield gardens with high -yield orchards, as well 
as at increasing the volum e of agricultural processing products.  
In 2015, the RA Law "On Agricultural Cooperatives " was adopted in order to implement the 
coordinated state policy on improving the forms of management in the agrarian sector and the 
development of cooperatives.  
In the coming years, the programs aimed at the development of seed breeding and seed supply, as 
well as the measures directed to plant protection, soil agro -chemical study and soil fertility 
improvement, farm animals ' vaccination, veterinary -sanitary and phyt osanitary, extension services, 
access to essential resources in agriculture will be continued.  
Follow -up question  
Report by the Secretariat - WT/TPR/S/379  
Page 10 ，paragraph 24 
in November 2017, initialled the EU -Armenia Common Aviation Agreement which is e xpected to 
improve market access for airlines, improve connectivity, and reduce fares for passengers.  
Could you please provide the text for the initialled EU -Armenia Common Aviation Agreement?  WT/TPR/M/379/Add.1  
 
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  Reply  
Considering that the agreement has not yet been signed an d ratified by either of the parties to it, 
the Republic of Armenia would not be able to provide the text at this point in time. Once the 
agreement has been finalized, the text should be published and be available in public domain.      
 
  
  WT/TPR/M/379/Add.1  
 
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  UNITED STATES  OF AMERICA  
Report by the Secretariat - WT/TPR/S/379  
2 TRADE AND INVESTMENT REGIMES  
2.4.1 WTO , page 26, p aragraph 2.26  
The Secretariat 's report  notes that Armenia ratified the Trade Facilitation Agreement (TFA) on 
20 March 2017, and that, in accordance wit h Articles 15 and 16 of the TFA, Armenia notified 
provisions for implementation under categories A, B, and C, and that it set indicative dates of 
31 December 2020 for implementation of provisions designated under Category C and of 
31 December 2018 for provisions designated under Category B. Article 16 of the TFA also requires 
that developing countries notify definitive dates for implementation of provisions designated as 
Category B by 22 February 2018. Armenia 's definitive dates notifi cation remains outstanding.  
• When does Armenia plan to notify definitive dates for the implementation of provisions 
designated as Category B?  
Reply 
The notification on the definitive dates for the implementation of provisions designated as Category 
B has b een submitted to the WTO Secretariat in the beginning of November for circulation among 
WTO Members . 
2.4.2.1 Eurasian Economic Union (EAEU) , Page 28, p aragraph 2.38  
The Secretariat 's report  notes that Armenia transferred much of its trade authority to the EEC after 
joining the EAEU.  
• Do Armenia 's trade agencies have offices or departments or officials who are responsible 
for communicating with or monitoring the EEC?  
Reply 
Each public administration authority of Armenia appoints its responsible persons for communicating 
with the EEC within the limits of its authority. However, the main coordinating bodie s are the Deputy 
Prime Minister 's Office and the Ministry of Economic Development and Investments of the Republic 
of Armenia.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.2.4 Export finance, insurance and promotion, p age 48   
The Secretariat 's report states the Export Insurance Agency of Armenia Insurance CJSC (EIA) offers 
two insurance products for exporters: export insurance and pre -export financing insurance.  
• Do any of these insurance programs cover exports of agricultural products?  If so, when 
does Armenia intend to report to the WTO  Export Competition Questionnaire?  
Reply 
Export Insurance Agency of Armenia ICJSC (EIAA) currently provides two kinds of insuran ce 
products: 1) Export insurance and 2) Pre -export financing insurance. Both products cover nearly all 
industries of the economy and exports, including also the exports of agricultural products.  
Insurance services are provided by EIAA on commercial basis,  which means that the insured 
(exporters or commercial banks) have to pay a premium which is calculated on the sum insured. 
The premiums have been derived to represent prevailing market risks and are in line with those, 
charged by other similar (including private) institutions over the world.  WT/TPR/M/379/Add.1  
 
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  The Republic of Armenia will initiate the preparation of the answers to the Export Competition 
Questionnaire.  
3.3.2 Standards and other technical requirements , page 51, p aragraph 3.77  
The Secretariat 's report  states, "The procedure within the EEC for the adoption of technical 
regulations and standards is the same as that in Russia. " 
• Please elaborate on the adoption process. Under this process, how are technical 
regulations proposed, developed, and adopted? In what ways  is the process for the 
adoption of technical regulations and standards the same as that in Russia?  
Reply 
The Rules of Procedure of Drafting, Adopting, Amending and Abolishing of the EAEU Technical 
Regulations within the EAEU are established by the Council  Decision No . 48 dated 20  June 2012. 
While the adoption of the standards is common w ith Russia and all EAEU member S tates, as, 
according to the EAEU Treaty, the relevant legislation for EAEU member S tates is uniform, the 
development of the standards is not  within the competence of the EAEU.  
According to Council Decision No . 48 the EEC adopts the plans of development and amendment of 
technical regulations. The plan defines a Developer of technical regulation (member state of the 
EAEU or the EEC). Usually the  initiator becomes a Developer.  
According to the Decision 48 the member States of the EAEU define a national authority responsible 
for the development (Developer) and interested authorities involved in the development process 
(Co-developers). The EEC becom es a Developer if the initiator of the development/amendment is 
the EEC itself.  
According to the Decision 48 a "Developer " forms a Working group of representatives of the EEC, 
co-developers, national authorities and other stakeholders. The "Developer " provides information 
about the formation of the Working group to co -developers and national authorities. Co -developers 
and national authorities nominate participants of the Working group within the 30 days from the 
date of receiving the information on formula tion of the Working Group ․  
Stakeholders that are not part of the Working Group are allowed to submit their proposals and 
comments during public consultations.  
After adoption of draft documents by the Working Group the Consultative Committee includes the 
issue in the agenda and provides all necessary documents to the members of the Consultative 
Committee. The Consultative Committee reviews the draft technical regulation.  
The Consultative Committee is an advisory body of the EEC. It is in charge of the devel opment of 
proposals, recommendations and consultations in the sphere of technical regulation and SPS 
measures.  
The Consultative Committee considers proposals of the chairman of the Consultative Committee and 
of the national competent authorities. The proce dure is described in the Decision of the Collegium 
of the EEC № 161 of 18  September 2012 (as last amended on 6 March 2 018).  
• How do the member S tates of the EAEU, including Armenia, participate in the adoption of 
technical regulations and standards?  
Reply 
Technical regulations are developed and adopted in accordance with the procedure established by 
the Eurasian Economic Commission (No. 48 Council Decision of the EEC of 20 June 2012).  
The Consultative Committee is an advisory body of the EEC, charged for t he development of 
proposals, recommendations and consultations in the sphere of technical regulation and SPS 
measures.  WT/TPR/M/379/Add.1  
 
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  The heads (deputy heads) of national competent authorities of EAE U member S tates, including the 
Republic of Armenia, are members of the C onsultative Committee, and thus participate in the 
development and adoption of technical regulation by sending their suggestions and comments for 
further inclusion in the draft technical regulations.  
• Do EEC standards, technical regulations have to be appro ved by the EEC Council or other 
bodies of the EAEU, including the Intergovernmental Council or Supreme Council before 
adoption?  
Reply 
EAEU Technical regulations are approved by the Council Decisions of the Eurasian Economic 
Commission. Standards that are included in technical regulations are approved by the Board 
Decisions of the Eurasian Economic Commission.  
Page  51, p aragraph 3.77  
Please provide more information about how the Eurasian Standards Committee develops interstate 
standards. What is the process  for being listed by the EEC as supporting regulations in force in the 
EAEU? How are standards, such as international standards, that are not a national standard of a 
EAEU member state considered?  
Reply 
Development of the national standards is carried out by the technical committees or working groups 
in accordance with the Law on Standardization of the Republic of Armenia. Development, adoption 
and approval is carried out by the following steps:  
• proposal  for the development of standard to the National Standardization Body,  
• development procedure of standards by technical committees or working groups,  
• public discussions of final draft standard,  
• adoption of standard by technical committee or working group,  
• approval and publication of standard by the National Standardization Body on the 
conclusion of the Technical Committee on Standardization.  
Interstate and national standards development activities are carried out by Interstate Technical 
Committees on Standa rdization which consist of authorized representatives of CIS countries.  
Technical Committees adopt standards and present to the CIS Interstate Council for Standardization, 
Metrology and Certification for approval.  
Page 51, p aragraph 3.78  
The Secretariat 's report  indicates that the WTO Notification Agency under the Ministry of Economic 
Development and Investments is responsible for complying with Armenia 's notification obligations 
under the TBT Agreement.  
• How does Armenia 's Notification Agency monitor EEC and EAEU technical regulations and 
conformity assessment procedures under development to ensure that all relevant EEC and 
EAEU technical regulations are notified to the WTO, in compliance with Armenia 's 
notification obligations?  
• How does Armenia ensure tha t EEC draft TBT and SPS measures are notified to the WTO 
at an early and appropriate stage before they are finalized and published on the EEC 
website?  WT/TPR/M/379/Add.1  
 
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  • How does Armenia ensure that comments provided by interested parties through the WTO 
notification proces s on EEC and EAEU measures are shared with the appropriate EEC and 
EAEU entities? How does Armenia ensure that those comments are taken into account?  
Reply 
The EAEU members have developed a system of cooperation to ensure the timely notifications of all 
relevant technical regulations, TBT and SPS measures to the WTO, as well as discussing and taking 
into account the comments received from WTO M embers in accordance with the Recommendation 
No.8 of the Board of the Eurasian Economic Commission "On the interac tion be tween authorized 
bodies of the member S tates of the Eurasian Economic Union and the Eurasian Economic Commission 
on the issues of preparation of draft notifications for submission to the World Trade Organization " of 
21 March 2017. The Recommendation  sets a Guide on the interaction between  authorized bodies of 
the EAEU member S tates and the EEC on the issues of preparation of draft notifications for 
submission to the WTO, which sets the mechanisms and timeframes for information sharing and 
discussions  necessary for ensuring the timely development of the final notification and subsequent 
submission to WTO by each EAEU member S tate. In case of comments from WTO Members, the 
Guide also provides for appropriate mechanisms and timeframes to ensure that the comments are 
duly discussed an d followed up upon by the EAEU m ember  States that are also WTO M embers.  
Follow -up Question  
Armenia 's response made reference to a Recommendation of the Board of the Eurasian Economic 
Commission on WTO notifications, which sets  mechanisms and timeframes for informati on sharing, 
discussions, and a "final notification and subsequent submission to WTO by each EAEU Member 
state. " 
 
• Could Armenia please share a copy of Recommendation No.  8 of the Board of the Eurasian 
Economic Commiss ion "On the interaction be tween authorized bodies of the member 
States of the Eurasian Economic Union and the Eurasian Economic Commission on the 
issues of preparation of draft notifications for submission to the World Trade Organization " 
of 21 March 2017?  
•  How are comments submitted through the WTO notification process considered?  
• When submitting a WTO notification, how long is the comment period? Is it typically 60 
days from the date of submission to the WTO for comment from interested parties?  
  
Reply  
The recommendation can be accessed via https://docs.eaeunion.org/docs/ru -
ru/01413323/clcr_24032017_8  link, which is available in Russian.  
  
In case the comments received through th e WTO notification process concerns areas of EEC 
competence, the country (or countries) to which the comments were directed to informs the EEC 
regarding the comment. The consideration of the comments takes place in accordance with the 
provisions of the Rec ommendation, taking into account the time periods specified by the relevant 
WTO procedures for responding to comments.  
  
The comment periods of WTO notifications are in accordance with the relevant provisions of WTO 
agreements for respective notifications.  
 
Page 51, p aragraph 3.79  
Does Armenia develop national technical regulations that are not EAEU technical regulations? Are 
there areas where technical regulations are developed that are outside the competence of the EAEU? 
What is the national process for developing technical regulations?  WT/TPR/M/379/Add.1  
 
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  Reply 
While  the responsibility for development of technical regulations is delegated to the EAEU institutions, 
the Republic of Armenia , as any other EAEU member state , has the right to develop national technical 
regulation s for products that are included in the single list (the list of products that are subject to 
mandatory requirements within the framework of the EAEU  - Nо. 526 Customs Union Commission 
Decision of 28 January 2012), but for which technical regulations of th e EAEU has not entered into 
force yet.  In conformity with EAEU Treaty products that are not included in the single list, cannot be 
a subject for t echnical regulation, and RA does not have the right to develop technical regulations 
for them. The procedure f or the development of national technical regulations is established by the 
Law "On Technical Regulation " of the Republic of Armenia . 
Page 51, p aragraph 3.80  
The Secretariat 's report notes that the preparation of EAEU technical regulations, conformity 
asses sment procedures, and SPS measures involve an appointed "developer " to lead discussion on 
a draft. The developer is a member state or the EEC, and the discussion takes place within a working 
group of representatives from member S tates with specific technical and administrative expertise.  
• Please describe the process by which a "developer " is appointed. Who appoints a developer? 
In which situations is a member state appointed to be a developer? In which situations is 
the EEC a developer?  
• How does a de veloper "lead discussion " on a draft regulation within a working group?  
• How are the composition of working groups decided? Are private parties and industry 
representatives included in working groups?  
Reply 
The issues of appointing a developer and the comp osition of working groups of technical regulations 
are regulated in accordance with the procedure, established by the EEC, approved by the Decision 
of the EEC Council of 20 June 2012 No. 48.  
The Commission approves the plan for the development of draft tec hnical regulations and draft 
amendments to technical regulations, which is formed in coo rdination with the EAEU member S tates 
on the basis of their proposals.  
Member States in the period not exceeding 30 calendar days from the date of entry into force of t he 
decision of the Council of the Eurasian Economic Commission on the approval of the plan, determine 
the state authorities responsible for the development of draft technical regulations provided for by 
the plan, and the bodies involved in their developmen t submit this information to the Eurasian 
Economic Commission. If the Commission is indicated in the plan as the responsible for the 
development of the draft technical regulation, the developer is the Eurasian Economic Commission.  
The developer forms a wor king group to develop a draft technical regulation from representatives of 
the Eurasian Economic Commission, co -developers, interested state authorities of m ember S tates, 
including bodies authorized in the field of technical regulation, standardization, sa nitary and 
epidemiological welfare of the population, specialized technical commit tees on standardization 
member S tates, interested private parties, industries and the business community of the EAEU 
members.  
If the developer is  a state authority of a membe r State, information on the formation of a working 
group is sent by the developer to the s tate authorities of the member S tates and the Eurasian 
Economic Commission.  
If the developer is the Eurasian Economic Commission, information on the formation of a wo rking 
group is sent by the Eurasian Economic Commission to the co -developers and to the s tate authorities 
of the member S tates.  WT/TPR/M/379/Add.1  
 
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  Page 51, p aragraph 3.80  
The Secretariat 's report  notes that EAEU technical regulations, conformity assessment procedures, 
and SPS measures are based on "Public consultations on draft technical regulations. " 
• The report only refers to "Public consultations on draft technical regulations. " Does 
Armenia and /or the EEC conduct public consultations on draft conformity assessment 
procedures and SPS measures? Is the process the same as for technical regulations?  
• Please provide more detail on the public consultations process. Do these public 
consultations refer t o consultations with industry within EAEU countries? Are interested 
parties from outside the EAEU able to consult?  
• Does the WTO notification take place at the same time as this public consultation?  
Reply 
The process of public consultations and drafting of  conformity assessment procedures and SPS 
measures is the same as for technical regulations. The EAEU industries and the interested parties 
from outside have similar rights for participation in public consultations.  
For public discussions of draft technica l regulations, the Commission places the notification about 
the draft on the development of technical regulation on the official website of the EAEU.  
The public discussion of the draft technical regulation is held in 60 calendar days, with the 
announcement  on the official website of the EAEU.  
The Commission, within five c alendar days of the placement of the EAEU notification, informs about 
publication of the draft and the location of the project of the technical regulation on the official 
website of the EAEU to:  
a) Governments of the EAEU member -states;  
b) Coordinators of the business community in each Member State;  
c) Representatives of business community, scientific and public organizations, non -
professional experts included in the Advisory Committee;  
d) Interested  persons in development of the draft of technical regulation.  
There fore, with receiving information on the beginning of discussion of the draft, the Republic of 
Armenia informs the WTO Secretariat about the date of the public discussion and the reference t o 
the place of the draft of the technical regulation or SPS measure on the official website of the EAEU, 
in accordance with the WTO rules.  
Follow -up Question  
Armenia indicated that at the beginning of discussion of a draft measure, Armenia "informs the WTO  
Secretariat about the date of the public discussion and the reference to the place of the draft 
technical regulation or SPS measure on the official website of the EAEU, in accordance with the WTO 
rules. " Armenia also noted that the public discussion of th e draft technical regulation is held in 60 
calendar days, with the announcement on the official website of the EAEU.  
 
• Please clarify what is meant by  "informs the WTO Secretariat ".  Is this a notification? Is it 
separate from the notification of the draft technical regulation?  
Reply   
The phrase "informs the WTO Secretariat " refers to a notification to the WTO, and when referring to 
technical regulations, it is the same as the notification of the draft technical regulation.  
 WT/TPR/M/379/Add.1  
 
- 14 - 
 
  Page 51, p aragraph 3.80  
The Secretariat 's report indicates that "in general " relevant national authorities are required to 
review and approve technical regulations and standards.  
• Who is Armenia 's relevant national authority, in this context?  
• At what stage in development of a technica l regulation does Armenia 's relevant national 
authority conduct this review?  
• If Armenia 's relevant national authority does not agree with the content of an EAEU 
technical regulation, is there an opportunity to amend the technical regulation to address 
Armenia 's concerns? If so, please describe that process.  
Reply 
Coordinating Body of technical regulations in the Republic of Armenia is the Ministry of Economic 
Development and Investments of the Republic of Armenia.  
Regulating bodies in the field of tech nical regulation in the Republic of Armenia are the relevant state 
bodies, per the Decision of the Government of the Republic of Armenia from 7 June 2012 No.  753-N.  
The coordinating body, regulatory bodies, national institutes of standards and metrology, body on 
accreditation, as well as representatives of the business community participate in the development 
process of technical regulations.  
The Coordinating Body and Regulatory Bodies participate in the development of the technical 
regulation in all stages of the development of technical regulations and their concerns are considered 
before adoption of the regulation.  
In case of disagreement about the content of technical regulation, Coordinating Body has the right 
to apply its own proposals of the tec hnical regulation.  
The process of sendin g proposals of the EAEU member S tates is established by the decision of EEC 
Council of 20 June 2012 , No. 4 8. 
Page 52, Box 3.1 (Standards)  
Standards notes that SARM maintains the national library of standards, which includes international 
(ISO), CIS (GOST), EU (EN), Armenian (AST), and other standards.  
• Please clarify which standards are considered international. How does Armenia define 
international standard? How has Armenia implemented the WTO TBT Committee Decision 
on International Standards?  
• What are the "other " standards noted in Box 3.1?  
Reply 
According to the EAEU Treaty an international standard is a standard adopted by international 
organization on standardization. According to the Law on Standardization of the  Republic of Armenia 
International Standards are considered the standards which are developed by the international 
organizations and are publicly available. National standards are elaborated to ensure transparency, 
openness, impartiality and consensus, eff ectiveness and coherence.  
The "other " standards are standards of non -EAEU countries.  WT/TPR/M/379/Add.1  
 
- 15 - 
 
  Follow -up Question  
Armenia indicated that the EAEU Treaty defines international standards as those standards adopted 
by international organization on standardization.  
 
• In the WTO TBT Committee Decision on Principles for the Development of International 
Standards, Guides and Recommendations with Relation to Article 2, 5 and Annex 3 of the 
Agreement (TBT Committee Decision) identifies the principles – transparency, openness, 
impartiality and consensus, effectiveness and relevance, coherence, and development – 
by which international standards are elaborated. The TBT Committee Decision defines 
international standards according to the process by which they were developed and not 
by which organization conducted their development. How has Armenia implemented the 
TBT Committee Decision and ensured that all standards that meet the principles are 
considered international, including in the technical regulations developed by the EEC?  
Reply  
 
International standards are applied on the basis of agreements (contracts) concluded as a result of 
the cooperation between the relevant international organizations/standardization bodies and the 
national standardization body.  As adopted in the Law on Standardization of the Republic of Armenia, 
the requirements set out in standardization documents should be based on achievements in science 
and technology, rules and norms of international standards and should not be contrary to the 
legislation of the Republic of Armenia.  
 
In this scope, taking into account the fact, that the ISO is the largest organization of standards in 
the world and the leading developer of international standards, also the fact that all standards which 
are produced by ISO are devel oped according to international norms and standards and are based 
on the principles of WTO TBT, the Republic of Armenia considers ISO standards as international and 
has applied ISO standards since 1997. Additionally, Armenia cooperates with IEC in the fram ework 
of IEC Affiliate Country Programme.  
 
As regards the EAEU, in accordance with paragraph 3 of the Annex No.  9 to the EAEU Treaty relevant 
international standards shall be used as the basis for development of the EAEU technical regulations, 
except for the cases when relevant documents are absent or they do not comply with the purposes 
of adoption of the EAEU technical regulations.  
 
In addition, According to paragraph 12 of the Regulation on drafting, adoption, amendment and 
cancellation of the EAEU tech nical regulations (adopted by the Council Decision of the EEC No. 48 of 
20 June 2012), the package of the documents to the draft of technical regulation encloses the list of 
international standards (including regulations, directives, recommendations and ot her documents 
adopted by international organizations on standardization) and explanation to this list along with 
other documents.  
 
Тhe EAEU recognizes standards developed by international organizations on standardization that 
comply with the principles established in the TBT Committee Decision as international standards.  
Page 52, Box 3.1 (Standards)  
This section also refers to goods subject to EAEU technical regulations as needing to pass conformity 
assessment procedures. ( "A product subject to a technic al regulation may be put into circulation in 
the EAEU only if it has passed the necessary conformity assessment procedures. ") 
• Where can one find information on the conformity assessment procedures required for 
each of the 46 EAEU technical regulations?  
Reply 
Currently, 46 technical regulations of the EAEU have been adopted and 39 technical regulations of 
the EAEU have entered into force, two of which (Technical Regulation of the EAEU on "Road Safety 
for Automobile Roads " (CU 014/2011) adopted by the Customs Union Commission Decision N o. 827 
of 18 October , and Technical Regulation of the EAEU on the Safety of Wheeled Vehicles (EAEU TR WT/TPR/M/379/Add.1  
 
- 16 - 
 
  018/2011) adopted by the EEC Decision N o. 877 of 9 December 2011) are still in transition  period 
for Armenia.  
Conformity assessment procedures are described in each technical regulation, which can be accessed 
via 
http://www.eurasiancommission.org/ru/act/texnreg/deptexreg/tr/Pages /%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  and 
http://www.eurasiancommission.org/ru/act/texnreg/deptexreg/tr/Pages/TRVsily.aspx  links.  
Page 52, p aragraph 3.81  
The Secretariat 's report indicates that the Consultative Com mittee develops proposals for technical 
regulations and SPS measures on the basis of agreed positions of EAEU member states ' authorized 
bodies.  
• Who participates in Consultative Committees, and how are they selected?  
• Please describe the process by which the Consultative Committee decides to develop 
proposals on technical regulations and SPS measures.  
• Do interested parties, including private sector stakeholders, take part in recommending 
which proposals should be devel oped?  
Reply 
Regulation for the activity of the Consultative Committee is approved by the EEC Board Decision 
No. 37 of 24 April 2017. The list of the members for Consultative Committee is approved by the EEC 
Board Decision No. 1 61 of 18  September 2012.  
The Consultative Committee is an advisory body of the EEC, charged for the development of 
proposals, recommendations and consultations in the sphere of technical regulation and SPS 
measures. Its staff is formed from the Authorized Bodies of member states of t he EAEU on the basis 
of the proposals of member -states. The heads (deputy heads) of national competent authorities are 
members of the Consultative Committee.  
The Consultative Committee decides to develop  proposals on technical regulations and SPS 
measures based on the proposals of the EAEU Member states.  
By the recommendation of the member -states, the staff of the Committee may include 
representatives of the business community, scientific and public organizations, and non -exclusive 
experts (not more than th ree members from each member -state).  
Stakeholders that are not part of the Working Group are allowed to submit their proposals and 
comments during the public consultations.  
Page 52, p aragraph 3.82  
We appreciate that "Armenian companies will have had up to five years to comply with technical 
regulations of the EAEU. " Does this transition also apply to foreign companies? We ask because the 
report also notes that "the Government recommends that exporters and importers begin using EAEU 
technical regulations as soon as possible, " which raises questions about whether there is a difference 
in treatment.  WT/TPR/M/379/Add.1  
 
- 17 - 
 
  Reply 
The transitional period of entry into force of technical regulations of the EAEU applies equally to the 
local and foreign companies.  The principle of nationa l treatment is maintained. The recommendation 
of the Government applies to all importers and exporters, Armenian and foreign alike, for the 
purpose of ensuring smooth transition without causing any damage to trade.  
Page 53, Paragraph 3.84 bullet 4  
What is the status of the National Accreditation Body (ARMNAB) in ILAC and IAF?  
Reply 
The National Accreditation Body (ARMNAB) is an associate member of the European Co -operation 
for Accreditation (EA). ARMNAB is an affiliated member for ILAC and IAF.  
Page 53, p aragraph 3.84 bullet 5  
Please clarify what is meant by harmonized national standards.  
Reply 
Harmonized national standards are nationally adopted (identical, modified or not equivalent) 
international, regional standards and standards of other count ries (e.g. HST ISO…, HST EN…, HST 
GOST…, HST GOSTR…).  
Page 53, Paragraph 3.85  
The Secretariat 's report notes that Armenia has notified eleven draft EAEU technical regulations 
between January 2010 and May 2018, though Para graph 3.77 notes that "about " 46 technical 
regulations have been adopted in the EAEU.  
• Please explain the discrepancy between the number of notifications from Armenia and the 
number of EAEU technical regulations that have been adopted.  
Reply 
On 2 January 2015, the Treaty on Armenia 's accession to the Eurasian Economic Union (EAEU) came 
into force. Armenia became the fourth full -fledged Member -State of the Eurasian Economic Union 
together with Belarus, Kazakhstan and Russia. By this Treaty Armenia has become a part of the 
Treaty on th e Eurasian Economic Union, signed on 29 May 2014 in Astana. The appropriate 
Notification of the Accession of Armenia to the Eurasian Economic Union (EAEU) (S/C/N/790; 
WT/REG363/N/1) was circulated to the WTO Members. At that time, there were already 34 tec hnical 
regulations in force in the EAEU, which became part of Armenia 's regulations. Currently there are 
46 adopted technical regulations of EAEU, therefore, since January 2015 to May 2018 RA notified 12 
drafts of technical regulations of EAEU.  
• Are all 46 technical regulations in force in Armenia?  
Reply 
At present, 39 technical regulations operate in the EAEU (although there are 46 adopted technical 
regulations).  
After Armenia 's accession to the Eurasian Economic Union 34 technical regulations of EAEU were 
implemented in RA with transitional periods.  
Currently transition periods of 37 technical regulations of EAEU have ended in Armenia (transitional 
periods still operate for 2 technical regulations of the EAEU).  WT/TPR/M/379/Add.1  
 
- 18 - 
 
  3.3.4 Competition policy and price control , page 57, p aragraph 3.107  
The Secretariat 's report  states that: "the recent amendments to the Competition Law have extended 
the Commission 's powers in order to make it more effective. The Law has been subject to several 
changes including assigning the Commiss ion the status of "autonomous body " in line with 
constitutional amendments adopted on 6 December 2015. Members of the Commission are now 
appointed by a majority vote of the members of the National Assembly.  
• How are Commissioners selected?  
• Do Commissioners need to meet certain qualifications (for example: do they have 
expertise in economics or the legal field)?  
• If any of Commissioners are business owners, are there measures in place to ensure that 
there are no conflicts of interest applicable to those busine ss owners before hearing cases 
or making judgements?  
Reply 
The Chairperson and other members of the Commission are appointed by the National Assembly, 
upon the proposal of the Prime Minister, as prescribed by the Constitutional Law of the Republic of 
Arme nia "Rules of Procedure of the National Assembly ", by the majority of the total number of votes 
of Deputies, for a term of office of five years, except for cases provided for by this Law. In case a 
vacant position of a member of the Commission emerges, the  Chairperson of the Commission and, 
in case of his or her absence or impossibility to perform the official duties thereof, the person 
provided for by part 2 of Article 23 of this Law, shall apply to the Prime Minister, presenting the 
requirements prescribe d by this Article for the candidate for the given position. The same person 
may not be appointed as a member of the Commission established as prescribed by this Law more 
than two consecutive times, for the full term of office of five years.  
Every person t hat is a citizen only of the Republic of Armenia, having completed higher education, 
having at least five years of work experience (of which at least three vested with functions of co -
ordination of subdivisions or in the position of the head of a subdivisi on) and with knowledge of 
Armenian may be appointed as a member of the Commission. At least one of the members of the 
Commission must have higher legal, and at least one — higher economic education.  
Members of the Commission may not engage in entrepreneuri al activities, hold a position not 
conditioned by their status in state or local self -government bodies, any position in commercial 
organizations, or perform other paid work, except for scientific, creative or pedagogical activities. A 
member of the Commis sion shall show political neutrality in his or her public speeches.  
Page 58, p aragraph 3.109  
The Secretariat 's report  notes that according to the Competition Law, international treaties prevail 
over national laws. In addition, the EAEU Treaty provides for the harmonization of member States ' 
national legislation.  
• Are there any examples where the EAEU Treaty has been used in place of the national 
competition law? If so, how did it work?  
• Armenia notes that the EAEU Treaty provides for harmonization of member States ' national 
legislation. Do you consider the current Competition Law to be harmonized with other 
EAEU member States? Or do you anticipate additional changes? If so, when?  
Reply 
There is no overlap in the RA national and EAEU competition legislations. The RA competition law 
covers national sphere, while the EAEU legislation applies in the case of cross -border issues. EAEU 
Treaty cannot be applied in place of national competition law, therefore, the State Commission for 
the Protection of Economic Competition is  carrying out its functions in accordance with the RA Law 
"On Protection of Economic Competition ". WT/TPR/M/379/Add.1  
 
- 19 - 
 
  The amendments from March 2018 modernized the Law in line with the requirements of the new 
Constitution of the Republic of Armenia, and international standar ds, including the rules and 
principles of the EAEU and the EU -RA Comprehensive and Enhanced Partnership Agreement. At the 
same time, it should be mentioned that EAEU member states harmonize their national competition 
laws to the related provisions of EAEU Treaty, which provide the general principles and rules of 
competition.  
3.3.7 Government procurement , page 64, Table 3.9  
The Secretariat 's report presents a table with statistics for above -threshold procurement in Armenia 
for the years 2014, 2015, 2016, and  2017. In 2016, the number of contracts above threshold 
awarded was 107 for goods, services, and construction (104 in 2015 and 96 in 2014); in 2017, the 
number was just 26. The total number and total value of contracts awarded in 2016 and 2017 are 
similar.  
• Does Armenia have an explanation for this decrease in the number and value of 
procurement above threshold?  
Reply 
In 2017 the information on contracts signed above and below the thresholds set out in the WTO 
Public Procurement Agreement has not been fully summarized at that time that report was being 
formed. Currently, this information is summarized; according to which in 2017 the number of 
contracts signed above the threshold is 108 instead of the previous 26 (please see the revised 
version of Table 3.9 be low). 
Additionally, it should be noted that the RA Law "On Procurement " allows equal participation for 
resident and non -resident companies for procurements both above and below GPA thresholds.  
Table 3.9 Total number and value of procedures under/above the GPA thresholds  
Year Procurement of  Total number of  above -threshold contracts  Total value of above -threshold  
Contracts  (AMD million)  
2014  Goods  80 42,409.3  
Services  13 7,594.2  
Works  3 11,277.6  
2015  Goods  85 42,648.8  
Services  19 7,822.1  
Works  - - 
2016  Goods  96 32,510.8  
Services  11 19,685.8  
Works  - - 
2017  Goods  87 26,634.9  
Services  21 10,559.8  
Works  -  
Page 66, Paragraph 3.143  
The Secretariat 's report notes that Armenia updated its provisions on blacklisting to align with EAEU 
members and that blacklisted bidders are automatically excluded from participating in procurements 
for two years.  
• Please describe the administrative or legal process by which a company becomes 
blacklisted for this automatic exclusion.  
Reply 
According to the Article 6, part 1, point 6 of the RA Law "On Procurement " (hereinafter Law) the 
participant has been included in the list of bidders ' ineligible to participate in the procurement 
process, if the latter:  
a) has violated the obligation provided  for by a contract or assumed within the 
procurement process, which resulted in unilateral rescission of the contract by the WT/TPR/M/379/Add.1  
 
- 20 - 
 
  contracting authority or termination of further participation of the bidder concerned in 
the procurement process;  
b) has refused to co nclude a contract as a selected bidder;  
c) has refused further participation in the procurement process after the opening of bids.  
According to the requirements of this article of the Law the authorized body shall initiate a procedure 
with the person examinin g procurement -related appeals based on the information available on a 
bidder having been deprived of the right to participate in the procurement process. Upon hearing 
the opinion of the given bidder, the person examining procurement -related appeals shall w ithin the 
time limit prescribed by part 6 of Article 50 of this Law deliver a decision on including the bidder in 
the list provided for by this Article. A person shall be included in the indicated list for a time limit of 
two years.  
At the same time accord ing to the article 50, part 6 of the Law was defined that the decision of the 
person examining procurement -related appeals shall be legally binding, which may be amended or 
abolished, including partially, only by the court.  
3.3.8 Intellectual property righ ts, 3.3.8.1 Overview and institutional framework , page 71, 
paragraph 3.171  
The Secretariat 's report  indicates that the collective management organization, ARMAUTHOR, 
manages authors ' economic rights.  
• Please provide more detail on which rights ARMAUTHOR administers, and provide a 
summary of the annual amounts collected and distributed by ARMAUTHOR.  
Reply 
Armauthor administers the public performance and communication to the public rights (online use) 
with respect to musical, dramatic and dramatic -musical, choreographic works, scenarios, other 
works created for staging.  
The amount of annual remuneration col lected in the territory of Armenia for 2017 was 
AMD 105 million out of which AMD 20 million was received from the foreign similar organizations 
within the scope of reciprocal agreements. AMD 76.8 million d istributed among the Armenian authors 
and AMD 7.585  million among the foreign authors. In comparison with 2016, the amount of collected 
remuneration was increased by AMD 4.297 million . 
Page 71, paragraph 3.173  
The Secretariat 's report  indicates that "the onus for IPR complaints remains with the offended 
party." Please provide a summary of the amount of annual civil litigation in the copyright (and other 
IP) space.  
• The Secretariat 's report notes that most cases are settled out of court; is there information 
on how many cases (civil and criminal) were filed and their ultimate dispositions?  
Reply 
During the review period 92 crimes have been  registered in the Police of the RA according to the 
Article 158 (Violation of copyrights and related rights) of Criminal Code of the Republic of Armenia.   
Total of 108 IP r elated cases have been filed in civil courts during 2011  - 1st half of 2018 period, 34 
of which on copyright and related rights, 66 on trademark, 2 on brand mark, and 6 other IP disputes.   
Only 5 cases have been submitted to the criminal court during 2011  - 1st half of 2018 period,  3 of 
which under Article  158 (Violation of the Copyright and Related Rights)  of the Criminal Code of the 
Republic of Armenia , and 2 under Article 159 (Violation of the Patent Law) of the Criminal Code . One 
case was completed by d ecision to terminate the criminal case , 3 were completed by substantive 
judicial act  and one is in process. Four c ases for the illegal use of musical works were submitted to 
the courts by the CMO "Armauthor ". WT/TPR/M/379/Add.1  
 
- 21 - 
 
  3.3.8.2 IP regime , page 71, paragraph 3.175  
The Secretariat 's report mentions that "Patents are registered by the IPA. " Further, in the same 
paragraph, it 's mentioned that patent infringement can carry criminal penalties.  
• Does the IPA conduct full examination of patent applications?  
Reply 
 
AIPA does no t conduct a full examination of patent applications. In carrying out the process of 
granting patent, the Agency examines :  
1. Whether the claimed invention meets the requirements of patentability, under Article 10 of 
the RA "Law on inventions, utility models and industrial designs ". 
  
2. Whether the claimed invention meets, at first sight, the requirements of patentability under 
Articles 11, 13 and 14 of the above -mentioned Law, the state of the art being defined only 
based on the materials in the examiner 's disp osal. 
• Have there been any criminal patent infringement cases in Armenia?  
Reply 
During the review period 8 crimes have been registered in the Police of the RA according to the 
Article 159 (Violation of patent rights) of Criminal Code of the Republic of Arm enia and 2  cases have 
been submitted to the criminal court during 2011 - 1st half of 2018 period.  
• Is there a concern that imposing criminal penalties for patent infringement could impede 
innovation?  
Reply 
Armenia believes that, on the contrary, the c riminal penalties serve as a matter of protecting 
innovators and send a clear message to infringers that their behaviour is unacceptable.  
Page 71, paragraph 3.175  
The Secretariat 's report does not mention whether or not the government of Armenia protects 
pharmaceutical data submitted for regulatory approval against disclosure and reliance by third 
parties.  
• Is pharmaceutical data protected in Armenia? If so, for how long?  
Reply 
According to Article 16, part 14 of the Law on Medicinal Products (Adopted in 20 16) the Authorized 
Body shall ensure the confidentiality of such data in the documents submitted for registration, which 
comprises information protected by laws of the Republic of Armenia and is not subject to disclosure. 
The expert performing the expertis e for the purpose of registration shall sign a statement in the 
form approved by the Authorized Body on the absence of conflicts of interest and on confidentiality.  
According to Article 16, part 15 of the Law on Medicinal Products, for the registration of generics, 
the applicant shall not be required to present preclinical research and/or clinical trials data, if the 
applicant submits documents proving that the medicinal product is reproduced from the original 
medicinal product that has been registered in t he Republic of Armenia or a country that is a member 
of the international professional organization defined by a decree of the Republic of Armenia 
Government for at least eight years.  
Such reproduced medicinal product may circulate in the Republic of Arme nia for 10 years after the 
registration of the original medicinal product. If the registration certificate holder registers one or WT/TPR/M/379/Add.1  
 
- 22 - 
 
  more new indications during the 10 -year period, such time period shall be extended by a maximum 
of one more year. The applica nt shall not present bioequivalence studies data for generic medicinal 
product, if the documents submitted by the applicant confirm that such medicinal product was 
applied in the Republic of Armenia or a country that is a member of the international profes sional 
organization defined by a decree of the Republic of Armenia Government for more than 10 years. In 
such case, the applicant shall submit only appropriate data from the scientific literature.  
• What agency is responsible for granting regulatory approval s?  
Reply 
According to part 2 of Article 16 of the Law on Medicinal Products the Ministry of Health of Armenia 
is responsible for granting regulatory approval (state registration) based on expert conclusion of the 
Scientific Centre of Drug and Medical Tech nology Expertise.  
Quotation from the Law: " The registration of medicinal product, refusal to register, and suspension 
and voiding of the registration of medicinal product shall, on the basis of an expert conclusion, be 
performed by the Authorized Body in accordance with the procedure established by the Republic of 
Armenia Government, save for veterinary vaccines, plasmas, and diagnostic materials, for which 
state registration, refusal to register, suspension, and voiding shall be reserved for the authorize d 
state body in the field of agriculture under the procedure established by the Republic of Armenia 
Government. " 
• Is there  a patent linkage or a similar system in Armenia that would prevent marketing 
authorizations to be issued for generic drugs that are still covered by a patent?  
Reply 
There does not exist a patent linkage or a similar system in Armenia that would p revent marketing 
authorizations to be issued for generic drugs that are still covered by a patent.  
• Is there a notification system that would allow an innovator to know when an application 
for marketing approval has been filed by a generic company?  
Reply 
In case if the innovator applicant submits patent along with registration dossier,  the Scientific Centre 
of Drug and Medical Technology Expertise , accordingly , provides the applicant with an information 
letter on generic application submission. At the same  time the generic applicant is also notified of 
the existence of a patent by the Scientific Centre of Drug and Medical Technology Expertise. 
Furthermore, the relevant information is available on the official website of the Scientific Centre of 
Drug and Med ical Technology Expertise , www.pharm.am . 
Page 72, paragraph 3.179  
The Secretariat 's report indicates that Armenia is updating its Law of 15 June 2006, on Copyright 
and Related Rights (as amended on 30 September 2013), as  well as proposing changes to the Civil 
Code and the Criminal Code, in the third quarter of 2018.  
• Please provide an update on the status of this legislation.   
Reply 
The draft law on Copyright and Related Rights will be submitted to the Government of Armeni a on 
20 November 2018.  
The RA "Law on the Amendments and Supplements to the Civil Code of the Republic of Armenia " 
has been submitted to the Government for approval in December 2017 and has been returned back 
for making changes on it. Now the draft is in t he process of inter -agency discussions. It is envisaged 
to be submitted to the National Assembly after summarizing all relevant suggestions and making 
respective changes.  WT/TPR/M/379/Add.1  
 
- 23 - 
 
  • Is there one comprehensive bill or several separate bills?  
Reply 
The field of intell ectual property in Armenia is regulated by several separate laws, particularly:  
 The Law of the Republic of Armenia on Copyright and Related Rights ;  
 The Law of the Republic of Armenia on Trademarks ;  
 The Law of the Republic of Armenia on Geographical Indi cations ;  
 The Law of the Republic of Armenia on Inventions, Utility Models and Industrial designs 
(a new draft law on Patents has been put into circulation);  
 A new draft law on Industrial designs has been put into circulation;  
 The Law of the Republic of Armenia on the Legal Protection of Topographies of 
Integrated Circuits; and 
 The Law of the Republic of Armenia on Protection of Economic Competition.  
• Has the legislation already been presented to the Parliament?   
Reply 
 
The draft law on Copyright and Related Rights will be presented to the National Assembly after the 
approval of the Government of the Republic of Armenia.  
 
• What is the anticipated legislative process and timing?  
Reply 
 
It is expected that the draft laws will be adopted during the next year. 
 
• Is there any additional summary information on the scope of proposed provisions?  
Reply 
The RA "Law on Amendments and supplements to the Civil Code of the Republic of Armenia " provides 
for amendments and additions to the provisions regulating relatio ns in the field of intellectual 
property. The subject of project regulation is the elimination of the repetition of the same regulatory 
provisions in various areas of intellectual property laws.  
It should be noted that the concept of "commercial secrecy " is also introduced in the civil legislation 
of the Republic of Armenia and the provisions are harmonized with the international best practices 
and EU directives.  
3.3.8.3.3 Geographical indications , page 73, paragraph 3.188  
The Secretariat 's report  notes that GIs will be protected in the member state if such protection is 
provided under its legislation. According to the Law of the Republic of Armenia on Geographical 
Indications, Article 16 (Termination of protection and revocation of right), does no t list genericness 
as grounds for cancellation.  
• If the term becomes generic in Armenia, is cancellation of the GI available?  
Reply 
 
If the term becomes generic, it is not a ground for cancellation of the GI.  
 WT/TPR/M/379/Add.1  
 
- 24 - 
 
  • Similarly, Article 18 of Armenia 's GI law refe rs to application requirements. If a GI is a 
compound term where one of the terms is generic, is generic nature of the term indicated 
either in the application, at publication, or at registration?  
Reply 
 
According to the Law of the Republic of Armenia on G eographical Indications generic nature of the 
term is not indicated in the application, at publication, or at registration.  
• Finally, Article 9 of The Law of the Republic of Armenia on Geographical Indications, point 
6 indicates that "the name of the guaran teed traditional product should not damage the 
trademark right or other intellectual property rights. " Could Armenia provide more 
information on what would be considered damage to a trademark or other IP right?  
Reply 
 
If a registered guaranteed traditional  product contains any trademark (as non -protected element) it 
cannot serve as a ground for invalidation of the trademark.  
 
3.3.8.3.6 Trade secrets , page 74, paragraph 3.191  
According to the Secretariat 's report, "trade secrets shall be understood as data of any character 
(industrial, technical, economic, organizational, etc.), including the results of intellectual activity in 
the scientific -research sphere, as well as data on methods of professional activity that have valid or 
potential commercial value (A nnex 26, Section XII). Legal protection for trade secrets (know -how) 
is provided according to the legislation of member States. " This reference essentially identifies the 
nature of a trade secret, but is incomplete with respect to the requirements of TRIPS  Article 39.2. 
• Please specify where the remaining components are located: (1) the subject information 
must have commercial value by virtue of its secret nature and (2) the trade secret owner 
has taken reasonable steps to protect its secrecy.  
• Additionally, please clarify if this provision is intended to include the requirement that a 
trade secret owner has the possibility of protecting its trade secret (as stated in TRIPS) or 
whether that requirement is addressed in national law.  
Reply 
Article 141 of the Civ il Code of RA defines the regulations on commercial secret; in particular: 
"Information constitutes a commercial secret in case when the information has an actual or potential 
commercial value by virtue of its being unknown to third persons, there is no fr ee access to it on a 
legal basis, and the holder of the information takes measures for the defence of its confidentiality.  
All the provisions on commercial secrets are regulated in the new draft "Law on Amendments and 
Supplements to the Civil Code of the Republic of Armenia ".  
Persons who by illegal means have received information that constitutes a commercial secret are 
obligated to compensate for losses caused. The same obligation is imposed on contract partners who 
have divulged a commercial secret in v iolation of a civil -law contract or a labour contract. " 
3.3.8.3.7 Enforcement , page 74, paragraph 3.192  
Section XIII of Annex 26 of the Secretariat 's report states that enforcement of IPRs within the EAEU 
will be carried out in accordance with internationa l treaties concluded within the EAEU, namely the 
EAEU Agreement on the Procedure for Collective Management of Copyright and Related Rights and 
the EAEU Agreement on Unified Customs Registry of Intellectual Property Objects of Member States 
of the Customs U nion. 
• Will enforcement of other IPRs be carried out within the EAEU or will the enforcement be 
limited to Collective Management and the Unified Customs Registry?  WT/TPR/M/379/Add.1  
 
- 25 - 
 
  Reply 
The protection of intellectual property rights by customs authorities is carried out as prescribed by 
the Customs Code of the Eurasian Economic Union and the Law of the Republic of Armenia "On 
customs regulation ". 
According to the second part of Article 23 9 of the Law of the Republic of Armenia "On customs 
regulation ", the measures taken by the customs authorities to protect the exclusive right of 
intellectual property rightholder refer to the goods containing objects of intellectual property and are 
includ ed in the customs registers of intellectual property objects based on the application of the 
rightholder.  
 
  WT/TPR/M/379/Add.1  
 
- 26 - 
 
  JAPAN  
Report by the Secretariat - WT/TPR/S/379  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.3 Measures Affecting Production and Trade , 3.3.8 Intellectual property rights , page 71,  
paragraph 3.171  
According to the report by the Secretariat, it is stat ed that "There is no special trade secret law in 
Armenia ". We would like to know if "undisclosed information " which is mentioned in TRIPS 
Agreemen t 39 can be protected by domestic law in Armenia and, if so, how to protect it.  
Reply 
Article 141 of the Civil Code of RA envisages provisions related to the protection of undisclosed 
information. Thus, in accordance with the abovementioned Article "Inform ation constitutes a 
commercial secret in case when the information has an actual or potential commercial value by 
virtue of its being unknown to third persons, there is not free access to it on a legal basis, and the 
holder of the information takes measure s for the defence of its confidentiality. Information 
constituting a commercial secret is protected by the means provided by the Civil Code and other 
means envisaged by other laws.  
Persons who by illegal means have received information that constitutes a commercial secret are 
obligated to compensate for losses caused. The same obligation is imposed on contract partners who 
have divulged a commercial secret in violation of a civil -law contract or a labour contract. "  
Amendments were made to the Civil Code o f RA which envisage the introduction of the term of 
"commercial secrecy ". In accordance with proposed amendments, taking into consideration the 
international experience in this field, the concept of "undisclosed information " has been replaced by 
the term o f "commercial secret ". The concept of commercial secrecy has also been clarified within 
its protection methods and transfer -related provisions. The law is now in the process of inter -agency 
discussions and will be submitted to the Parliament after summariz ing all relevant suggestions and 
making respective changes.  
Page 72, p aragraph 3.177  
According to the report by the Secretariat, infringement of designs can result in "civil responsibility 
imposed by a competent court ". We would like to know if infringement of designs also can result in 
criminal responsibilities or not.  
Reply 
Infringements of designs cannot result in criminal responsibilities. There is no provision on industrial 
designs infringement defined by the Criminal Code of RA.  
  WT/TPR/M/379/Add.1  
 
- 27 - 
 
  EUROPEAN UNION  
Report by the Secretariat – WT/TPR/S/379  
1. ECONOMIC ENVIRONMENT  
  
1.2. Main Macroeconomic Policy Developments , 1.2.1 Monetary and exchange rate 
policies , page 13 -14, pa ragraph 1.8 to 1.11  
The Secretariat Report sets out the monetary and exchange rate policies. Paragraph 1.10 states that 
"According to the authorities, the CBA 's interventions in the foreign exchange market are carried out 
only to smooth fluctuations or to offset transitory pressure during periods of excessive volatility, 
while it also views exchange rate flexibility as a means to maintain competitiveness. ", and Paragraph 
1.11 notes that "Following the monetary policy tightening in 2014, which helped contain inflation 
and anc hor inflation expectations, the foreign exchange market has been more stable and the CBA 
has reduced foreign exchange interventions. " 
1. Could Armenia provide us more information on the central bank 's foreign exchange market 
interventions since the start o f 2018. How do these compare to the interventions in 2017? In 
Armenia 's view, what could explain the stability of the Armenian currency in 2018, which is in 
contrast with the sharp weakening of the currency of one of Armenia 's key export markets – Russia, 
and the weakening of the currencies of most emerging markets globally?  
Reply 
Starting from January 2018 to October 2018 net purchase of foreign exchange by Central bank of 
Armenia amounted to USD 44 million and were mostly conducted in the first quarter of  2018, 
whereas in 2017 net purchase of foreign exchange amounted to USD 100 million. As it is stated in 
the paragraph 1.8 to 1.11 foreign exchange market interventions of Central bank are episodic and 
are conducted only to smooth excessive exchange rate vo latilities. Even during the political unstable 
period in Armenia in April -May 2018 the Central bank 's involvement in the foreign exchange market 
was very limited, with temporary injection of foreign exchange liquidity using short -term swap 
contract, which was already repaid as of August 2018.  
As Armenia conducts free floating exchange rate regime, the exchange rate of Armenian dram is 
determined in the market given the demand and supply forces. Depreciation pressures in emerging 
markets were counterbalanced  by the increase in monetary policy credibility in recent years and 
asset substitution effects in domestic market, which is reflected in decrease of financial dollarization 
in Armenia.  
1.5 Developments in Trade and Investment , 1.5.1 Trends and patterns in merchandise 
trade and 1.5.2 Services trade , page 18, p aragraph 1.26 -1.30, and page 20, paragraph 
1.31,  
 
These first set s of paragraphs set  out the trends and patterns in merchandise trade of Armenia. On 
the export side, paragr aph 1.26 notes that "Armenia 's exports continue to be concentrated in the 
mining sector ", and paragraph 1.27 points out that "In 2010, the manufacturing sector was the 
second largest contributor to merchandise trade exports. However, in 2017, the sector wa s 
overtaken by agriculture ". Paragraph 1.31, meanwhile, refers to services trade.  
2. Could Armenia elaborate on actions it is taking to further increase and diversify its exports of 
goods and services?  
Reply 
The RA Government has approved the RA Export -Led Industrial Policy Strategy for the purpose of 
diversifying the list of export products. The strategy is based on the idea to increase the 
competitiveness of the industrial products from the viewpoint of diversifying the export products list 
and increasing  the volumes.  WT/TPR/M/379/Add.1  
 
- 28 - 
 
  To implement the mentioned strategy development strategies and three -year action plans for 
manufacturing industrial areas with export potential have been developed which are being 
implemented now. As a result, exports of industrial products from Armenia have increased by 39% 
to CIS countries and by 18.2% to other countries.  
2. TRADE AND INVESTMENT REGIMES  
  
2.3 Policy Objectives , page 25 -26, p aragraph 2.22  
 
As part of Armenia 's Development Strategy, the Secretariat Report mentions that "Small  and 
medium -sized enterprises (SMEs), which are to be assisted through several programmes including: 
the continuation and expansion of the system of state guarantees for loans for SMEs with the 
potential to export, substitute for imports, or create knowled ge; direct support to start -up SMEs; 
and access to state procurement for SMEs. " 
 
3. Could Armenia provide more precise information on the steps that it is taking to further 
develop the SME sector?  
  
Reply  
 
Currently SME development strategy is being developed with the support of the European Union, 
which will enable to define the subsequent policy vector in the sector, improve monitoring and 
evaluation of supporting programs, and promote co -operation among different stakeholders to 
address existing pr oblems and ensure continuity of annual SME state support programs.  
 
3. TRADE POLICIES AND PRACTICES BY MEASURE  
  
3.1 Measures directly affecting imports , 3.1.7 Anti-dumping, countervailing and safeguard 
measures , page 46, pa ragraph 3.51  and page 47, paragraph 3.54  
 
The Secretariat 's report states that "The authority for trade defence investigations in the EAEU is 
the EEC and its Department for Internal Market Defence, which make recommendations on trade 
defence measures… ", and that "All definitions of  terms, procedural requirements and time -limits that 
apply pursuant to the Protocol and that are actually applied by the EEC in trade -defence 
investigations (TDI) aim to follow the respective WTO rules on TDIs. " 
 
4. The EU notes that so far, Armenia has op posed the proposal within the EAEU institutions to 
impose Anti -Dumping duties on herbicides. In the view of the EU, the WTO criteria to impose 
measures are indeed not met. Can Armenia confirm that it will continue to oppose the proposed 
Anti-Dumping duties  on herbicides within the EAEU institutions?  
  
Reply 
 
Having in mind that in accordance with paragraph A of the WTO Trade Policy Review Mechanism the 
trade policy review is not intended to serve as a basis for the enforcement of specific obligations 
under the WTO Agreements or for dispute settlement procedures, or to impose new policy 
commitments on WTO Members, we would like to inform that the negotiations in the EAEU 
framework on the above -mentioned direction are under way. Armenia will continue to take p art in 
the relevant discussions having in mind its economic interests.  
 
3.3 Measures Affecting Production and Trade , 3.3.4 Competition policy and price controls , 
page 56, p aragraph 3.101  
 
The Secretariat Report notes that "The State Commission for the Prot ection of Economic Competition 
(the Commission), established in 2001, is responsible for the protection of economic competition. 
Its main functions, as stipulated by the Competition Law, are the following: Detection/disclosure of 
abuses of monopolistic or dominant positions; Detection/disclosure of anti -competitive agreements; 
Control of mergers and acquisitions; Detection/disclosure of unfair competition practices; and 
Control/prohibition of state aid. " 
 WT/TPR/M/379/Add.1  
 
- 29 - 
 
  5. As regards antitrust and merger control, we appreciate the information on the activities of the 
State Commission for the Protection of Economic Competition and on the updates of the competition 
law, which are broadly in line with the EU acquis and the DCFTA.  We note that the State Commission 
for the  Protection of Economic Competition is also responsible for state aid control. Would we be 
able to receive more information on potential legislative action or case practice in this regard?  
 
Reply 
Protection of economic competition is a key priority of the  RA Government. The Government 
constantly monitors and evaluates the ongoing developments in this area to identify existing 
problems and implement measures to improve the competitive environment.  
As regards the state aid control, it should be mentioned, th at the Government and the body carrying 
out the economic competition protection policy, namely the State Commission for the Protection of 
Economic Competition, has less practice on the cases of state aid control in comparison with other 
Commission function s. To that end, the Government is currently working to increase the capacities 
of the Commission related to state aid cases.   
3.3.7 Government Procurement , page 63, p aragraph 3.133  
 
This paragraph states i.a. that "Public procurement constitutes a significant part of economic activity 
in Armenia, amounting to around 4 -7% of GDP and around 30% of government spending in recent 
years. (Table 3.8). " 
 
6. The EU values very positively the efforts undertaken by Armenia in order to improve  
transparency in the public procurement market. However, we noted that Armenia has lately carried 
out a revision of the tender processes of projects that were already implemented. The information 
provided by different institutions to the auditing authoriti es is under review.  Could Armenia clarify 
the reasons for the delay in the revision of the tender processes of projects already implemented, 
and would it be possible for Armenia to speed up this process?  
 
Reply 
 
Armenia would like to request further clarifications to be able to answer the question, as the raised 
issues (the revision of the tender processes and the delay of the revision) are not clear.  
 
Follow -up clarification  
 
The EU thanks Armenia for its request for clarification of the EU initial q uestion. Our question relates 
to the time taken by auditors to analyse the documentation requested for public procurement 
contracts. The time needed to analyse these documents seems to exceed the average auditing time, 
causing financial challenges for comp anies that were rewarded the contracts. We would like to ask 
if the Armenian authorities plan to provide more support in order to speed up the process?  
Reply  
The problem essentially refers to the calculation of procurement by the authorized body (RA Minist ry 
of Finance).  
In this regard, pursuant to the Decree No. 549 -N of the RA Minister of Finance, dated 31  October 
2018, amendments have been made to the order of calculations of transactions endorsed by the RA 
Minister of Finance Decree No. 345 -N, dated 11  July 2018 based on the report submitted to the 
authorized body according to which the procurement transaction calculation system has been 
automated and the authorized body no longer carries out a preliminary control (auditing) function 
on the procurement process.  
Armenia is committed to further developing its public procurement regulations. In this regard, we 
are ready to answer any additional questions that the EU may have.  
Page 64, p aragraph 3.136, Table 3.9 and 3.10  
 
Table 3.9 shows the total number and  value of procedures under/above the GPA thresholds in 
Armenia during the period 2014 -2017. Table 3.10 shows the total number and value of procedures 
above the GPA thresholds by type of procuring entity in Armenia during the same period.  WT/TPR/M/379/Add.1  
 
- 30 - 
 
  7. The figures in the Tables 3.9 and 3.10 for the year 2010 are significantly lower than for 
previous years. We would like to ask Armenia if this is due to incomplete data which is not indicated, 
or if not, what the factors are which explain these lower numbers?  
 
Reply 
 
In 2017 the information on contracts signed above and below the thresholds set out in the WTO 
Public Procurement Agreement has not been fully summarized at that time that report was being 
formed. Currently, this information is summarized; according to which i n 2017 the number of 
contracts signed above the threshold is 108 instead of the previous 26 (the revised versions of the 
Tables 3.9, 3.10 and 3.11 are below).  
 
Table 3.9 Total number and value of procedures under/above the GPA thresholds  
 
Year Procurement of Total number of above -threshold contracts  Total value of above -threshold  
Contracts (AMD million)  
2014  Goods  80 42,409.3  
Services  13 7,594.2  
Works  3 11,277.6  
2015  Goods  85 42,648.8  
Services  19 7,822.1  
Works  - - 
2016  Goods  96 32,510.8  
Services  11 19,685.8  
Works  - - 
2017  Goods  87 26,634.9  
Services  21 10,559.8  
Works  -  
 
Table 3.10 Total number and value of procedures above the GPA thresholds by type of  
procuring entity  
 
Year Procurement 
of Total number 
of contracts 
above 
threshold  Total value of 
contracts above 
threshold  
(AMR million)  Share of total no. 
of contracts by 
relevant entities 
(%) Share of total value of 
procurement by 
relevant entities (%)  
2014  Central 
government 
entities  87 52,249.8  1.4 22.5 
Sub-central 
government 
entities  2 1,407.3  0.06 3.7 
Other entities  7 7,624  0.04 10.1 
2015  Central 
government 
entities  102 49,081.5  1,7 18.5 
Sub-central 
government 
entities  - - - - 
Other entities  2 1,389.4  0.02 1.9 
2016  Central 
government 
entities  102 28,299.6    
Sub-central 
government 
entities  4 913.4    
Other entities  15 24,563.8    
2017 Central 
government 
entities  103 32,546.6    
Sub-central 
government 
entities      
Other entities  5 4,648.1    WT/TPR/M/379/Add.1  
 
- 31 - 
 
  Table 3.11 Types of procedures used for procurement above the GPA thresholds  
Type of procedure  Year Number of 
contracts  % Contracted value (in 
million AMD)  % 
Open procedure  2015 8 7.7 6,860.5  13.6 
2016 1 0.9 885,9  1.7 
 2017 21 19.4 7,081.2  19 
Framework agreements  2015 82 78.8 39,347.7  78 
2016 87 81.3 21.836,3  41.8 
 2017 75 69.4 20,334.4  54.7 
Negotiation procedures 
without announcing  2015 4 3.8 1,193.8  2.4 
2016 9 8.4 5.204,2  9.9 
 2017 11 10.2 9,666.2  26 
Announcing negotiation 
procedures  2015 7 6.7 2,245.6  4.4 
2016 3 2.8 467,8  0.9 
 2017 1 0.9 112.8  0.3 
Competitive dialogue  2015 1 0.9 612.3  1.2 
2016 3 2.8 818,8  1.5 
 2017 - - - - 
 
Page 66, p aragraph 3.143  
The Secretariat Report mentions that "Furthermore, blacklisting provisions are enhanced in order to 
harmonize blacklisting among EAEU members, and now also include blacklisting of bidders that have 
shown deficiencies in performance or refused to sign/execute contracts. Blacklisted bidders are now 
automatically excluded from all procurements for a period of two years. " 
8. We would like to ask Armenia how the compatibility of these blacklisting provisions with 
Art. VIII 4. c. of the Government Procurement Agreement is ensured?  
Reply 
According to the Article 8, part 4, point c, of the WTO Public Procurement Agreement it is defined 
that where there is supporting evidence, a Party, including its procuring entities, may exclude a 
supplier on grounds such as significant or persistent deficiencies in pe rformance of any substantive 
requirement or obligation under a prior contract or contracts.  
In this regard the inclusion of a participant in the list of participants ineligible to participate in the 
procurement process is in conformity with the requirements of mentioned norm set out in the WTO 
public procurement agreement, which is envisaged by L aw, as in this case there is violation of the 
essential requirements of the RA legislation "On procurement " as well as the contractual obligations 
which is presented by the customer.  
At the same time, after having been elaborated by the RA Ministry of Fina nce the draft Law was 
discussed with the Secretariat of the WTO Public Procurement Agreement, the European Union, the 
European Bank for Reconstruction and Development and the EU SIGMA project experts.  
Page 66, p aragraph 3.145  
The Secretariat Report mention s changes concerning government procurement review procedures. 
It states that "In light of constitutional changes, the Procurement Review Board was dissolved and 
replaced with individual "persons to review complaints ". While certain general guarantees rega rding 
the independence of the person examining procurement, complaints are provided under the 
Constitution and the Law on Bodies of Public Administration, the Public Procurement Law (PPL) 
provisions designed to guarantee their independence, such as selecti on, remuneration, etc., were 
removed from the Law itself. " 
9. The 2018 changes to the legal framework on government procurement seem to have 
weakened the independence, and possibly the effectiveness, of the review procedures. Could you 
please explain why t hese changes were necessary, and how will the new review system work in 
practice? " WT/TPR/M/379/Add.1  
 
- 32 - 
 
  Reply 
The RA Law "On Making Amendments and Addenda to the RA Law on Procurement " (entered into 
force on 9 April 2018) was adopted on 23 March 2018, in view of complying the acting law with the 
amended Constitution. Under the above -mentioned law, the Procurement Appeals Board has been 
replaced by the persons who are considering procure ment complaints. Thus, instead of the former 
procurement appeal board, procurement related complaints will be examined by the persons who 
are considering procurement complaints, which according to the RA Law "On Public Administrative 
Bodies " have the statu s of the body subordinated to the Ministry. At the same time, in accordance 
with Article 159 of the Constitution, the body subordinated to the Ministry is included in the list of 
bodies of public administration. In accordance with the RA Government Decisio n No. 580 -A, dated 
22 May 2018, the persons who are considering procurement complaints are the subordinate body of 
the RA Ministry of Finance.  
According to the Article 146, part 3 of the Constitution, the RA Government implements the general 
management of the state governance bodies meaning that the person considering procurement 
complaints as a public administration body is an executive authority body, in accordance with the 
article 7, part 6 of the RA Law "On Public Administrative Bodies " who is appointed  and dismissed by 
the RA Prime Minister according to the Minister 's proposal.  
The independence of the persons who are considering procurement complaints is guaranteed by the 
Law. Particularly, according to the article 47, part 2 of the Law it is defined t hat the person examining 
procurement -related appeals shall be a body carrying out unbiased and independent investigation, 
which is not interested in the outcome of a certain procurement process and is protected from 
external influences while performing its  obligations and exercising its rights. The person examining 
procurement -related appeals shall examine the appeals thoroughly and impartially. While exercising 
the powers provided for by this Law, the person examining procurement -related appeals shall be 
independent from the bidders of the procurement process, including the contracting authorities, as 
well as state and local self -government bodies and officials and shall be obliged to be guided solely 
by the legislation of the Republic of Armenia on procure ment and apply it.  
The requirements of investigating complaints, conditions relating to conflict of interest, the 
requirements for the content of the complaint are defined by the Law. During each appeal 
examination the person signs a statement on the absen ce of a conflict of interest which is published 
in the bulletin. At the same time, according to the article 50, part 6 of the Law that the decision of 
the person examining procurement -related appeals shall be legally binding, which may be amended 
or abolis hed, including partially, only by the court.  
Page 66, p aragraph 3.146  
The Secretariat Report states that "Decision No. 526 -N of 4 May 2017 introduces a requirement for 
suppliers to provide evidence of having properly performed at least one similar contract "within the 
year of submission of the bid and three years prior to it "." 
10. The Decision No. 526 -N of 4 May 2017 referred to restricts market access, locking in it for 
those actors already involved in public procurement. Could Armenia comment on the compatibility 
of this measure with the GPA Commitments?  
Reply 
According to the article 8, part 2, point b, of  the WTO Public Procurement Agreement it is defined 
that in establishing the conditions for participation, a procuring entity may require relevant prior 
experience where essential to meet the requirements of the procurement.  
In this regard in accordance wi th Clause 61 of the Procedure approved by the Decision No. 526 -N, 
dated 4 May 2017 the requirements to the participant to assess the "professional experience " 
qualifications criteria is in line with the obligations under the WTO Public Procurement Agreement, 
considering the fact that these requirements have been set to minimize the potential risks of the 
buyer as a state as well as to ensure the proper executio n of the contract. In addition, this 
requirement is set out for the procurement procedures for procurement of goods with a cost estimate 
of more than 5 million.  WT/TPR/M/379/Add.1  
 
- 33 - 
 
  Page 70, p aragraph 3.165  
This paragraph states that "Furthermore, a Policy Statement on PPPs wa s adopted in November 
2017, with a view to creating and developing a coherent and systematic approach to PPPs in the 
future. In that regard, it remains to be seen whether adequate and desirable synergies between 
PPPs and the overall procurement system can be strengthened through relevant legislation in order 
to maintain the highest transparency and competition standards. " 
11. With a view to assessing improvements regarding transparency and competition standards in 
managing PPP (public -private partnerships) projects, what specific information could Armenia 
provide on the latest developments regarding the review of the PPP regiment and policy, including 
the drafting of the new law and the work of relevant governmental bodies (e.g., the Centre for 
Strategic Ini tiatives)?  
Reply 
The draft law on "Public Private Partnership " which was drafted with the support of World Bank, 
Asian Development Bank and European Bank for Reconstruction and Development and was approved 
by the Government of the Republic of Armenia on 6 September 2018 and submitted to the National 
Assembly. Appropr iate sub -legislative acts will be approved after the National Assembly adopts the 
draft law on "Public Private Partnership ". In this regard, we are open for discussions about the 
improvement of PPP regulations in Armenia.  
This law establishes the legal fra mework for the regulation of public -private partnership (PPP), 
including rules and procedures related to the development and implementation of public -private 
partnership projects (PPP projects), the institutional framework governing PPP, the applicable 
principles, and various other matters related to PPPs.  
The goal of the Armenian Government is to mobilize the strengths and resources of the private 
sector in the most favourable ways, consistent with best international practice where possible, to 
contribute to the economic and social development of Armenia thus encouraging innovations in PPP 
projects, and advancing transparency and accountability in terms of risk and outcome.  
3.3.8 Intellectual Property rights , page 71, p aragraph 3.173  
According to the Secret ariat Report "While the Government has made some progress on IPR issues, 
strengthening enforcement mechanisms remains necessary " 
12. Could Armenia please explain what actions it plans, or what legislation or regulations it intends 
to adopt, with a view to strengthening IPR enforcement in Armenia? Could Armenia tell us if it is 
planning to introduce a strategy that would aim at raising p ublic awareness about the importance of 
intellectual property rights -protection?  
Reply 
IPR enforcement provisions are regulated by separate Codes, particularly by Civil Code of RA, Civil 
Procedure Code of RA, Criminal Code by RA and by the RA Law on Prote ction of Economic 
Competition.  
The Government of the Republic of Armenia is taking steps towards drafting a new Strategy on the 
protection of the Intellectual Property Rights, which will prescribe particular actions towards the 
development of innovative e nvironment and actions to ensure proper functioning of the enforcement 
bodies, making the intellectual property mechanisms more effective and reliable.  
Activities for public awareness in the field of IPR are provided as a primary objective to be 
implement ed. Seminars for raising awareness regarding counterfeits and piracy in the field of IPR 
are organized as well as trainings are conducted for the officials of police, customs.  
Taking into account the importance of the area for Armenia, as one of its priori ty target directions, 
the Government welcomes international donors to assist Armenia in the capacity building and 
strengthening of the IPR protection area.  WT/TPR/M/379/Add.1  
 
- 34 - 
 
  Page 71, Box 3.2  and 3.3.8.3.3 Geographical indications, page 73, paragraph 3.188  
This paragraph sta tes that "Geographical indications (GIs) are protected in the territory of a member 
State if such protection is provided under its legislation or international treaties of which it is a 
member (Annex 26, Section VI). Provisions on the appellation of origin  of goods define the 
denomination which is recognized as the appellation of origin, legal means for interested parties to 
prevent the misuse of the denomination, or acts of unfair competition in individual member States 
(Annex 26, Section VII). Once the Dr aft Agreement on EAEU Trademarks is in force, the appellation 
of origin of EAEU goods will be protected in the territory of all member States in accordance with 
the provisions of that Agreement (Annex 26, Section VIII). " 
13. Could Armenia provide specific information on the measures taken to guarantee the 
enforcement of the provisions regarding the protection of Geographical Indications, within the scope 
of the Agreement on Trade -Related Aspects of Intellectual Property Rights (TRIPS) and the different 
bilateral agreements signed by Armenia?  
Reply 
The legislation on IP provides the same legal -civilian mechanisms for the protection of the rights in 
the registered Geographical Indications, which are available for the other subject matters of 
intellectual prope rty, i.e., the protection of interests in courts.  
According to the Article 1183 of the Civil Code of RA the person having the right to use geographical 
indication, appellation of origin and the name of the guaranteed traditional product, as well as any 
natural and legal person, may require from the person illegally using that geographical indication, 
appellation of origin and the name of the guaranteed traditional product to terminate the use thereof, 
or of indication or name confusingly similar thereto, re move them from the product, the packaging 
thereof, advertisements, prospectuses, bills and other accompanying documents, whereas in case 
of impossibility thereof — to require confiscation and destruction of the packaging or the product as 
prescribed by law . 
4. TRADE POLICIES BY SECTOR  
4.1 Agriculture, Forestry, and Fisheries , 4.1.2 Policy and institutional developments , 
page  78, p aragraph 4.11 -4.13, and Report by Armenia - WT/TPR/G/379 , page 6, 
paragraph 3.3  
These paragraphs i.a. set out recent relevant st rategic documents, strategy and action plans related 
to the agricultural sector. The Government Report by Armenia (at paragraph 3.3, page 6) also refers 
in this regard to "The Concept on Ensuring Food Security in the Republic of Armenia ", for which the 
government, in 2016, adopted the relevant Action Plan for 2017 -2021 
14. Could Armenia further elaborate on the major principles of the Action Plan for 2017 – 2021?  
Reply 
Agriculture is one of the most important sectors of the economy of the Republic of Armenia, which 
is of exceptional importance to the country 's food security. At present, based on the Economic Policy 
Concept, the Government elaborates the document on the main directions for the economic 
development of the agricultural sector up to 2030, aimed at raising the level of food security in the 
country, creating favourable conditions for the activities of agricultural operators, and increasing 
product competitiveness.  
4.1.3.4 Cigarettes , page 82, p aragraph 4.30  
The Secretariat Report states that "The manufacture of cigarettes and other tobacco products is 
becoming an increasing source of revenue for Armenia. In 2016, US D 281 million of cigarettes were 
manufactured, up 23.5% from the previous year. Cigarettes are the largest export in the agricultu re 
sector, and exports of them increased during the review period from 0.8% of total exports in 2010 
to 11.9% in 2017 ." WT/TPR/M/379/Add.1  
 
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  15. The EU is happy to see that since the signature of the CEPA, the export of goods between 
Armenia and the EU has increased. We note t hat when it comes to the rise in exports within the 
agricultural sector, the rise in cigarette exports is particularly large. How could the implementation 
of mechanisms for the control of and fight against illicit trade of tobacco products be improved?  
Reply 
Tobacco products in Armenia (including tobacco substitutes, cigars, cigarillos) are subject to excise 
taxation. Each box of tobacco products is labelled with a numbered and protected excise stamp that 
minimizes the possibility of illicit trade of toba cco products.  
Further, the discussions on joining of the "WHO FCTC Protocol to Eliminate Illicit Trade in Tobacco 
Products " are currently in process in Armenia, the Government has planned to hold discussions on 
joining the Protocol with relevant stakeholde r agencies, and the translation of the Protocol is in 
progress to facilitate the process.  
4.2.2 Energy, 4.2.2.1 Electricity , page 91, p aragraph 4.68, and the Report by Armenia, 
page 8, paragraph 3.18  
This paragraph refers to renewable energy. It states tha t "The generation of electricity from 
renewable sources has increased considerably over the past few years, with more investments 
planned, including in geothermal as well as solar, wind and hydropower. "  
16. Our question relates to support for private projects in the construction of geothermal power 
plants, which is also mentioned by Armenia in its Government Report (para graph  3.18). Could 
Armenia clarify which concrete steps it is going to take to support private projects for construction 
of geothermal  power plants, and what new legal incentives Armenia is planning to introduce in this 
area?  
Reply 
According to the Energy Law of the Republic of Armenia, electricity produced in small geothermal 
power plants is subject to 20 years of purchase in compliance with the market rules. Moreover, the 
tariff set by the Public Services Regulatory Commission is a n investment repurchase guarantee. 
Other types of support from the Government of the Republic of Armenia for private projects in the 
construction of geothermal power plants directly depends on the suggested projects (including 
finance scheme), as well as r equests coming from potential investors.  
Page 91, p aragraph 4.70, and the Report by Armenia, page 7, paragraph 3.13  
The Secretariat Report notes that "Under the 2017 Action Plan, approved by the Government, and 
the Law on Making Amendments to the Law on Energy of 2018 (which entered into force on 1  July), 
Armenia will pass from the single -buyer model to a more liberal model with independent suppliers, 
traders and large users of electricity having opportunities to access the electricity market " 
17. Could A rmenia provide more details on concrete liberalization measures and the adoption of 
necessary legal acts within the Action plan, aiming at, among others, attracting foreign investment 
in the energy sector?  
Reply 
On 27 July 2017 , Electricity market liberalization and cross -border trade development programme  
and the action plan of its implementation was adopted. Armenia 's legislation regulating the energy 
sector provides favourable  conditions for attracting investments. The new Mod el will ensure 
electricity market access for the large consumers, electricity suppliers and traders, which will create 
a basis for development of competitive environment. In addition to this, the new Model will create a 
wide opportunity for cross -border tr ade development.  WT/TPR/M/379/Add.1  
 
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  4.4 Transport , 4.4.1 Features , page 104, Table 4.14  
Table 4.14 of the Secretariat Report gives an overview of overland transport in Armenia for the 
period 2012 -2017, based on data from the Statistical Yearbook of Armenia 2017.  
18. How does  Armenia explain the over 300% growth in tonnes carried by road between 2014 
and 2017, and in particular the over 200% growth between 2015 and 2016?  
Reply 
The over 300% growth in tonnes carried by road between 2014 and 2017, and in particular the over 
200%  growth between 2015 and 2016 is conditioned by a few factors. The increase is generally 
associated with the development of the mining industry and the change of the operating model. 
Further factors are the increase in cargo transportation between Armenia and Russia, a significant 
part of which falls on the share of imports of wheat from Russia, as well as the fact that cargo 
transportation showed a tendency of shifting from rail transport to road transport, as the road 
transport allows for shorter transit through Georgia.  
4.4.2 Roads , page 105   
This part of the Secretariat Report gives an overview of road transport in Armenia, and also sets 
out the main legislation on road transport (particularly in paragraph 4.144 -4.145)  
19. Could Armenia indicate if it w ill sign up to the Quality Charter of the ECMT (European Minister 
of Transport) multilateral quota system? The Quality Charter extends EU rules on access to the 
profession (Reg. 1071/2009) and qualification and training of drivers (Dir. 2003/59) to non -EU 
countries participating in the system. Currently, several countries have signed up.  
Reply 
Quality Charter for International Road Haulage Operations under the ECMT Multilateral Quota System 
was approved during Transport Ministers ' Conference on 28 May 2015 in Leipzig and entered into 
force on 1 January 2016. Currently the works are being carried out to localize and implement the 
Quality Charter in the Republic of Armenia.  
4.5 Tourism , 4.5.2 Policy, institutions and regulatory framework , page 110, p aragraph 
4.175, page 110  
The Secretariat Report mentions that "At present, the activity of tourist guides is not licensed 
(Government Decree No. 945 -N of 10 June 2004 on Tour Guide Licensing was declared invalid 
according to Government Decree No. 245 -N of 18 March 2 011). However, the new draft Law on 
Tourism includes provisions for tour guide licensing. " 
20. Could Armenia provide us with more information on the proposed provisions for tour guide 
licencing? Will the same provisions apply to both national and foreign tour guides?  
Reply 
The current draft of the RA Tourism Law envisages mandatory tour guide licensing to be exercised 
by the Tourism Committee of the Ministry of Economic Development and Investments of the RA 
(Committee).   
The law will be referring to a legal act – Regulation on Guides Licensing – which will be defining the 
specifics of the procedure.  
Both documents are currently being elaborated by the Committee in consultation with relevant 
stakeholders including related public -sector bodies, education institutions, private sector and NGOs.  WT/TPR/M/379/Add.1  
 
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  The new Tourism Law and the relevant legal act will also address the mandatory regulation for 
foreign tour guides ' activity in Armenia. At least national treatment will be applied in r elation to 
foreign tour guides.  
The Committee plans to circulate the final draft among relevant ministries and other government 
institutions by April -May 2019.  
Page 111, p aragraph 4.176  
This paragraph refers to certifications for accommodation establishme nts, stating that 
"Accommodation establishments are certified, on a voluntary basis, by the Ministry of Economic 
Development and Investments. Certificates are valid for five years, renewable, and are granted upon 
a site visit by the Classification Commissi on, which is composed of inspectors from the State and 
the private sector. " 
21. Which are the criteria for granting a certificate? Since accommodation establishments are 
certified on a voluntary basis, are there consequences for those that are not certified?  
Reply  
Clarifications:  
Despite the final document provided to the accommodation establishment as a result of the process 
is certificate, the service provided is rather classification as the possession of the certificate not only 
implies that the  accommodation establishment is qualified (certified), but also states its type and 
class.  
Secondly, the goal of the site visit by the Classification Commission is not inspection and possible 
issuing of a penalty, but only assessment of the accommodation establishment against the 
compliance criteria and compilation of conclusions.  
Answers:  
The criteria for classification (defined in the Government Decree No. 946 -N of 10 June 2004) have 
three main directions: service criteria, equipment assessment and com pliance with given 
construction norms (the detailed description of these criteria is provided in the above -mentioned 
Decree which can be translated in English and sent upon request).  
It should be mentioned that the Decree needs to be amended, including im provement of the 
assessment methodology (grading system introduction is recommended).  
Despite classification of accommodation establishments is voluntary, the requirements for the type 
of the accommodation establishment are imperative and presentation of non-classified 
accommodation establishments in any public appearance non -compliant with the requirements as 
well as in mentioning of a class (defined by the law) are object to penalty in a sum of AMD 200,000.  
In terms of positive incentives, the list of cl assified accommodation establishments is posted on the 
website of the Ministry of Economic Development and Investments of the RA to guide the tour 
operators and other relevant stakeholders.  
 
 
  
  WT/TPR/M/379/Add.1  
 
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  UKRAINE  
Report by the Secretariat – WT/TPR/S/379  
2 TRADE AND  INVESTMENT REGIME  
2.3 Policy Objectives , Pages 25 –26, paragraph 2.22  
According to the Report, Armenia 's Development Strategy 2014 -2025 includes direct policies aimed 
at Small and medium -sized enterprises (SMEs), which are to be assisted through several 
programmes including: the continuation and expansion of the system of state guarantees for loans 
for SMEs with the potential to export, substitute for imports, or create knowledge; direct support to 
start-up SMEs; and access to state procurement for SMEs.  
1.  In the context of the Nairobi Decision on export competition (Ministerial Decision of 
19 December 2015: WT/MIN(15)/45 − WT/L/980) could Armenia kindly give more details on state 
guarantees for loans for SMEs exporting agricultural products, if any, inc luding description of 
programmes, annual average premium rates/fees per programme, maximum repayment terms per 
programme, annual average repayment periods per programme, export destinations per 
programme, programme use by product or product group?  
Reply 
Considering the low level of economic activity in the areas close to the border, countryside 
settlements and disaster zones and the fact that the rural households encounter significant 
challenges in generating income, the  purpose of the state guarantees for loans to SMEs without 
exclusion of agricultural ones  is to support the development of business in the aforementioned areas, 
assist the rural households in transferring from self -sufficient businesses to income generating ones, 
create new jobs and ensure ac cess to economic opportunities for all.  
The Loan Guarantees Provision programme  allows the solvent entrepreneurs to get loans in terms 
of insufficient pledge amount and low liquidity, which is particularly specific for the SMEs operating 
in distant and clo se to the border regions of Armenia. The programme  allows entrepreneurs to qualify 
for loans by guaranteeing up to 70% of the principal of the loan and the interest rates for up to 5 
years. The maximum amount guaranteed cannot exceed 15 million drams. The annual interest rates 
for the loans provided by the Small and Medium Entrepreneurship Development National Center of 
Armenia partner banks through Loan Guarantees Provision programme  are lower than those 
practiced in the market.  
The Loan Guarantees are pro vided in accordance with following priorities:  
• SMEs operating in manufacturing, services provision and trade sectors (in the regions with 
low level of economic activity)  
• SMEs operating in the regions with low level of economic activity (close to the border  and 
countryside settlements, disaster zone, former industrial and  scientific sites)  
• Import substituting, exporting SMEs and those with export potential  
• SMEs introducing and using new technologies and innovations  
The Small and Medium Entrepreneurship Devel opment National Center of Armenia (SME DNC) is 
implementing the "Start-up Business Entrepreneurship Support " programme , which has the 
priorities, goals and procedures set out in its regulations.  
The program me includes training, professional counselling and  information as well as financial 
support components. Start -up businesses receive business, staff and financial management, 
planning, marketing knowledge and appropriate business skills.  
Loan guarantees provided under the programme  are implemented under th e following conditions:  WT/TPR/M/379/Add.1  
 
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  • Amount up to AMD 5.0 million,  
• Annual interest rate: 10%  
• Term up to 5 years.  
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports , 3.1.4 Tariffs , page 38, paragraphs 3.25 –3.26  
Under the Report, "Within the EAEU legal framework, the Treaty on the Multilateral System 
authorizes temporary exceptions to the CET (Article 1:4). However, it also states that "the Parties 
concerned shall consult each other and enter into negotiations with interested WTO Me mbers 
expeditiously with a view to harmonize import tariffs. The Parties shall coordinate their positions and 
express the intention to follow the respective provisions of the WTO Agreement that are applied in 
case of tariff harmonization by the CU ". 
Accord ing to Para 3.26 of the Report "A fully harmonized CET is the ultimate aim; renegotiations in 
case of a breach of bindings under GATT Article XXIV:6 are to be carried out by the Party concerned 
in a coordinated manner with other EAEU member States. Under G /SECRET/37 of 4  November 2014, 
Armenia has initiated procedures under GATT Articles XXIV:6 and XXVIII, to take account of its 
accession to the EAEU. There are 6,536 tariff lines to be renegotiated ". 
2.  In the context of the renegotiations held by Armenia within its EAEU accession,  Ukraine is 
interested in the relevant consultations with Armenia with the aim of  preserving the standstill regime 
concerning the current bilateral FTA  between Ukraine and Armenia.  
Taking into account above -mentioned, Ukraine is seeking more detailed explanation concerning:  
• the procedure for the territorial application of the EAEU trade regime, in particular, the 
application of the EAEU Common Customs Tariff in relations with the parties of Free trade 
agreements;  
• implementation in  the EAEU Common Customs Tariff of Armenia 's tariff commitments 
under the Free trade agreements.   
Reply 
In its response to the claim of interest to reserve its right to negotiate with Armenia regarding the 
renegotiation of tariffs by Armenia pursuant its a ccession to the EAEU, as well as during subsequent 
discussions, the Republic of Armenia has stated that the mutual trade between the Republic of 
Armenia and Ukraine is carried out on FTA basis, as, in accordance with the Treaty on the Accession 
of the Repu blic of Armenia to the Treaty on Eurasian Economic Union, Armenia respects its customs 
tariff obligations as part of international trade agreements signed before 1 January 2015.  
We would like to reassert our statement that Armenia applies its customs tari ff obligations as part 
of international trade agreements signed before 1 January 2015.  
3.1.7 Anti -dumping, countervailing and safeguard measures , page 46 , paragraph 3.49   
Under the Report the principal legal basis for trade defence instruments (anti -dumpi ng, 
countervailing, and safeguards) is Annex 8 of the EAEU Treaty and the Eurasian Economic 
Commission (EEC) is responsible for trade defence investigations with final decisions made by the 
Board of the EEC which consists of ministers representing member S tates.  
On 7 August 2018 , the Eurasian Economic Commission initiated a safeguard investigation on imports 
of certain flat -rolled steel products imported into the customs territory of the Eurasian Economic 
Union (hereinafter Union). The investigation was ini tiated on the basis of results of consideration of 
the application filed by the Union producers of certain flat -rolled steel products.  WT/TPR/M/379/Add.1  
 
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  Having studied the application, Ukraine believes that there is no sufficient evidence showing that the 
volume and the pri ces of imports of certain flat -rolled steel products are threatening to cause 
significant overall impairment of the position of the Union industry.  
3.  Could  Armenia please clarify the compliance of such investigation with the relevant provisions 
(Articles  2 and 4) of the Agreement on Safeguards?  
Reply 
The Republic of Armenia believes that the investigation was initiated in compliance with the WTO 
Agreement on Safeguards, based on the reasons for the initiation of investigation as detailed in the 
Notificati on under Article 12.1(A) of the Agreement on Safeguards on Initiation of an Investigation 
and the Reasons for it (G/SG/N/6/ARM/3) and the relevant public notice published on 7 August 2018 
on the official website of the Eurasian Economic Union 
(http://eec.eaeunion.org/ru/act/trade/podm/investigations/PublicDocuments/SG10_notice_initiatio
n.pdf). Furthermore, the investigation is in com pliance with Articles 2 and 4 of the Agreement on 
Safeguards as the safeguard investigation concerning imports of certain flat -rolled steel products 
has not been concluded yet. The notice of initiation of 7 August 2018 contains the analysis of the 
applicat ion that indicates the existence of sufficient evidence necessary for the initiation of an 
investigation.  
4.  Could Armenia also clarify the reasons for delaying of "immediate " notification on initiation of 
safeguard investigation as required by the Articl e 12(1)(a) of the Agreement on Safeguards?  
Reply 
Armenia does not consider the immediate notification in the meaning of Article 12.1(a) as delayed. 
In addition, Armenia notes that the notice of initiation of the safeguard investigation was published 
on the  official website of the Eurasian Economic Union on 7 August 2018. Information concerning 
the notice of initiation was directly transmitted to Ukrainian competent authorities via the letter of 
the Department of Internal Market Defence of the Eurasian Econo mic Commission (DIMD) dated 
9 August 2018. The DIMD also notified other known interested parties from Ukraine.  
Page 47 , paragraph 3 .55  
Armenia as a member of the Eurasian Economic Union took part in eight anti -dumping investigations 
on imports of certain products from Ukraine; as a result, eight appropriate duties were introduced. 
At the same time, Ukraine and Armenia have the bilateral Free Trade Agreement whereunder using 
of such trade policy instruments allowed only in exceptional cases.  
5.  Ukraine wo uld appreciate if Armenia could explain how the introduction of anti -dumping duties 
by Armenia as a member of the Eurasian Economic Union is in conformity with the provisions of the 
FTA. 
Reply 
According to the Article 49 (Principles of Application of Safeg uard, Anti -dumping and Countervailing 
Measures) of the Treaty on the EAEU, an anti -dumping measure may be applied to the product that 
is considered to be dumped if, pursuant to an investigation, the investigating authority determines 
that imports of such p roduct into the customs territory of the Union cause or threaten to cause 
material injury to a domestic industry of the Member States or materially hinder the establishment 
of a domestic industry of the Member States.  
As regards the FTA, the bilateral free  trade agreement between Armenia and Ukraine of 1994 does 
not contain provisions restricting the imposition with respect to anti -dumping measures in 
accordance with WTO rules.  WT/TPR/M/379/Add.1  
 
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  3.3 Measures Affecting Production and Trade , 3.3.8 Intellectual property rights , 3.3.8.1 
Overview and institutional framework , page 71, paragraph 3.174  
It is mentioned in the Report that "according to legislation, customs authorities only suspend the 
importation of counterfeit goods, but do not seize them ". 
At the time of the previous Armenia 's trade policy review in 2010 Armenia attributed its major 
concerns related to strengthening IPRs enforcement to problematic implementation and week 
enforcement.  
6.  Could Armenia kindly elaborate on its main developments in providing stre ngthening of IPRs 
enforcement during the review period?  
Reply 
In 2011 the RA Government adopted the National Strategy on IPR Protection. It was aimed at 
improving the economic, creative and investment environment in Armenia.  
Within the framework of the Str ategy, an Action Plan for increasing effectiveness of fighting 
against IP violations has been drafted, which provided for improvement of the field.  
It provided three directions for the reformation of the Armenia 's IPR system:  
1. Legislative reform  
2. Institutional Reform in the enforcement bodies  
3. IPR awareness -raising activities, particularly trainings for judges, police, and 
customs officials, public attorneys.  
From 2012 to 2014 the Ministry of Economic Development and Investments carried out the 
Twinning Project on Strengthening the Enforcement of Intellectual Property Rights in Armenia. 
The main purpose of the twinning project was to introduce measures for strengthening the overall 
IPR enforcement capacity of the Armenian society  public institutio ns, private entities and the 
general public  to increase awareness of and stronger involvement in the protection of IPRs in 
line with the EU development directions and as part of executing the Armenia 's policy and reform 
strategy in IPR enforcement.  
7.  Would Armenia, please, describe how the exclusive right of the owners of intellectual property 
rights can be enforced to prevent all third parties not having the owner`s consent from the 
importation of counterfeit goods, considering that customs authoritie s do not seize them?  
Reply 
The protection of intellectual property rights by customs authorities is carried out as prescribed by 
the Customs Code of the Eurasian Economic Union and the Law of the Republic of Armenia "On 
customs regulation ". 
According to th e second part of Article 239 of the Law of the Republic of Armenia "On customs 
regulation ", the measures taken by the customs authorities to protect the exclusive right of 
intellectual property rightholder refer to the goods containing subject matters of i ntellectual property 
and are included in the customs registry of intellectual property subject matters based on the 
application of the rightholder.  
The customs authorities also have the right to implement intellectual property protection measures 
without t he rightholder 's application (ex officio).  
Due to persistent works undertaken, applications have been registered by Customs authorities in 
the Registry of intellectual property subject matters since 2011. Currently there are more than 400 
registrations in  the Customs IPR registry.  WT/TPR/M/379/Add.1  
 
- 42 - 
 
  8.  What actions do customs authorities take after suspending the importation of counterfeit 
goods?  
Reply 
The customs authorities suspend the release of the goods containing intellectual property objects 
registered in the register by 10 working days and inform the rightholder, as well as to the persons 
transporting goods about the cessation according to the provisions defined by law. Such goods are 
subject to transportation to the warehouse of temporary holding.  
9.  What ar e further plans of Armenia in preventing breaches of IPRs?  
Reply 
Increasing the efficiency of the enforcement bodies (police, courts, customs etc.) and raising IPR 
awareness among the state authorities responsible for IPR policies and enforcement and the p ublic 
at large.  
4 TRADE POLICIES BY SECTOR  
4.3 Services , 4.3.2 Financial Services , 4.3.2.1 Features , pages 96 -97, paragraph 4.98  
The Report describes the structure of the financial market of Armenia. In 2017 it comprised: 17 
banks with 525 branch office s; 35 credit organizations with 205 branch offices; 7 insurance 
companies and 3 insurance brokers; Securities market participants, which included 9 investment 
companies, 3 investment fund managers, the Central Depositary of Armenia, the NASDAQ OMX 
Armenia,  17 commercial banks, 35 credit organizations and 21 reporting issuers; 132 pawnshops; 
183 exchange offices; 6 money transfer companies; 5 companies dealing with the processing and 
clearing of payment instruments and payment documents; and 21 reporting iss uers. 
10.  Would Armenia, please, provide information on authorization/licensing of non -banking 
financial institutions in Armenia: types of activities subject to authorization/licensing, key 
requirements to applicants, approval procedure, including verific ation of sources of funds used for 
capital formation, assessment of financial standing, business reputation and transparency of 
applicants ' ownership structure?  
Reply 
Central Bank of Armenia (CBA) is the mega -regulator and sole supervisor of the financial system of 
Armenia. Besides banks, the Central Bank grants licenses to other financial organizations. The non -
banking financial institutions subject to licensing are the following, with the relevant legislation link 
provided:  
• insurance (and reinsurance) co mpanies 
(https://www.cba.am/EN/lalaws/Law_on_insurance_and_insurance_activities.pdf ),  
• credit organizations ( https://www.cba.am/EN/lalaws/credit.pdf ),  
• investment companies ( https://www.cba.am/EN/lalaws/securities__market.pdf ),  
• stock exchange ( https://www.cba.am/EN/lalaws/securities__market.pdf ),  
• central depositary ( https://www.cba.am/EN/lalaws/securities__market .pdf)  
• investment funds and investment fund managers 
(https://www.cba.am/EN/lalaws/Investment_funds.pdf ),  
• payment and settlement organizations 
(https://www.cba.am/EN/lalaws/Payment_systems.pdf ),  WT/TPR/M/379/Add.1  
 
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  • pawnshops 
(https://www.cba.am/EN/lalaws/Law_on_pawnshops_and_pawnbrokerage.pdf ),  
• foreign exchange b rokers/dealers 
(https://www.cba.am/EN/lalaws/Law_on_currency_regulation_and_currency_control.pdf   
All these institutions are subject to licensing requirements in accordance with the corresponding law. 
The key requirements to licensing differ from one type to another. Mainly there are normative 
requirements for capital adequacy, qualification of the higher -ranking officials within the institution, 
AML/CFT complia nce requirements, IT and cyber security requirements, requirements as for the 
premises of the institution, viable business plan etc.  
The list of the documents, submitted to the Central Bank for obtaining the license, include the charter 
of the applying organization, financial statements with audit opinion for the last 3 years, information 
on related entities and natural persons, respective documentation of the parties that will become an 
indirect significant shareholder, the documentation, ensuring the s atisfaction with fit -and-proper 
requirements, etc.  
Based on this documentation and also using other sources of information CBA assesses mainly the 
following:  
• The final beneficiary/owner of the shareholding,  
• The economic strength of the applicant -organizati on and the final beneficiary/owner: 
whether it is financially strong and stable, whether its activities are profitable or loss -
making, in case it is needed whether it can provide additional financial support.  
• The origin of funds.  
• The management structure a nd characteristics of the organization.  
For the verification of the funds the Central Bank demands and verifies documents proving the 
origination of funds. For financial standing the Central Bank of Armenia demands the financial 
audited statements for the last three years of the shareholder/founder of the financial non -bank 
institution. The CBA also demands the ownership structure of the applicant and the disclosure of 
beneficial owners. The licensing department closely cooperates with the Financial Intelli gence Unit 
for the profile check of applicants.  
The Central Bank has adopted a number of Regulations, regulating the licensing process of the 
financial organizations. The documents may be found on the official webpage of the Central Bank 
at: http://www.cba.am  (most of documents are available in English).  
4.3.2.2 Banking sector , 4.3.2.2.1 Policy, institutions and regulatory framework , page 99, 
paragraph 4.108   
The Report mentions several departments within the Central Bank of Armenia (CBA), which are 
responsible for methodological and development aspects of the financial sector.  
11.  Could Armenia, please, clarify if there is some separate department (or other structural unit) 
within the CBA focused solely on regulation of n on-banking institutions, such as insurance 
companies, credit organizations, etc., or this function is divided between several departments of the 
CBA? 
Reply 
There is a Financial System Regulation Department within the Central Bank of Armenia, which is 
responsible for adopting financial system regulation policy and drafting the respective regulations 
and other normative acts. The Department has an institutional  structure, which means that the 
Divisions within the Department are responsible for the separate types of financial institutions. Thus, 
there are 4 divisions within the Department (Banking System Regulation Division (responsible also 
for non -bank credit o rganizations, pawnshops, FX bureaus), Insurance System Regulation Division, WT/TPR/M/379/Add.1  
 
- 44 - 
 
  Securities Market Regulation Division and Payment and Settlement System Regulation Division). Of 
course, the regulations and other normative acts are being drafted in cooperation w ith other 
Departments of the Central Bank, such as Financial Supervision Department, Financial System 
Stability and Development Department, Legal Department, etc.  
12.  If so, does Armenia consider such structure efficient?  
Reply 
Yes, Armenia considers the structure to be efficient.  
13.  Ukraine would appreciate if Armenia could also kindly share its experience in arranging a 
sound system of supervision over banks and non -banking financial institutions.  
Reply 
The Central Bank of Armenia is the sole supervis or of the financial system of Armenia. It supervises 
both banks and non -banking financial institutions. Starting from 2018, the Central Bank has adopted 
risk-based supervision in the area of banking supervision. This means that the banking supervisors 
will pay greater attention and spend more resources on the areas of banking activities, which has 
more risks and more impact on the stability and normal operation of the banks.  
The Financial Supervision Department of the Central Bank is the unit of the Central  Bank, responsible 
for supervision in financial organizations. Mainly, it consists of institutional divisions (Banking 
Supervision Division, Insurance Organizations Supervision Division, Credit Organizations and 
Pawnshops Supervision Division, etc). The IT  Supervision Division and Corporate Finance Division 
are functional divisions, which means that they service the whole financial system. Besides, 
functional groups (so -called "risk groups ") for separate types of risks have been established within 
the Finan cial Supervision Department.  
In case of necessity or request by Ukraine, Armenia is ready to engage in experience sharing 
exercises or further discussions.  
Page 100 , paragraph 4.113  
The Report notes changes and supplements to the Law on Central Bank of Ar menia and states that 
"the laws were amended to simplify the procedure of information exchange among supervisory 
authorities, to exchange information in the absence of international treaties while protecting the 
confidentiality of information ". 
14.  Could Armenia, please, describe the procedure for the information exchange among 
supervisory authorities in Armenia: for obtaining the information by the CBA from the other 
Armenian and foreign supervisory authorities for purposes of prudential supervision?  
Reply 
Recent amendments have been made to the RA Law "On the Central Bank of the Republic of 
Armenia ", according to which the order of cooperation between Central Bank and financial 
supervision bodies of foreign countries has been simplified. Particularly, Article 8 of the new law 
stipulates that the Central Bank shall have the right to receive and share supervisory information 
from the financial supervisory authorities of other countries without concluding an international 
treaty or other memorandum, even i f it is a legally protected secret, if the information is necessary 
for that body in order to fulfil its obligations under the law, as well as that body has the equivalent 
protection regime for supervisory information.  
According to the article 33 of the RA  Law "On the Central Bank of the Republic of Armenia ", the 
bodies authorized by the Government, as well as the National Statistical Service of the Republic of 
Armenia exchange information with Central Bank of Armenia in the manner agreed with the Central 
Bank. At the meantime, according to Article 7.1 the State Commission for the Protection of Economic 
Competition of the Republic of Armenia performs its economic competition -related functions with 
regard to entities regulated or supervised by the Central Ban k of the Republic of Armenia, based on WT/TPR/M/379/Add.1  
 
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  the principle of co -operation with the Central Bank of the Republic of Armenia. According to the Law 
the Central Bank and the Commission shall exchange information and cooperate based on a 
Memorandum of cooperation.  
15.  Would Armenia kindly provide more information on assessment of transparency of banks ' 
ownership structures by the CBA: indicators of a non -transparent ownership structure and 
approaches to revealing banks ' beneficial owners?  
Reply 
According to the RA LAW "On Banks and Banking " to receive the preliminary consent of CBA for 
acquiring participation in the bank capital, shareholders should provide information about all direct 
and indirect participants, including ultimate beneficial owne rs (both financial and non -financial).  
As already mentioned, for the verification of the funds the Central Bank demands and verifies 
documents proving the origination of funds. For financial standing the Central Bank of Armenia 
demands the financial audit ed statements for the last three years of the shareholder/founder of the 
financial non -bank institution. The CBA also demands the ownership structure of the applicant and 
the disclosure of beneficial owners.  
Report by Armenia – WT/TPR/G/379  
4 TRADE POLICY  DEVELOPMENTS  
4.1 Trade and Investment Policy , 4.1.3 Non -tariff regulations , 4.1.3.3 Quotas, 
export/import prohibition . Page 13, paragraph 4.32 
The Report states that "As a member of the EAEU the common external trade regime is also extended 
to non -tariff measures: import/export prohibitions, quantitative restrictions, exclusive trading rights, 
licensing (permit), anti -dumping, countervailing and safeguard measures. The legal basis for these 
measures is the founding Treaty of the EAEU. Decision on applicat ion of these defence  instruments 
is taken by the Eurasian Economic Commission following the investigation conducted in accordance 
with the Annex 8 of the Treaty, which contains Protocol on Application of Safeguards, Antidumping 
and Countervailing Measures in Respect of Third Countries. "  
16.  Ukraine would appreciate for confirmation of our understanding that the Republic of Armenia 
delegated its authority to conduct anti -dumping, countervailing and safeguard investigations to the 
Eurasian Economic Union 's (EAEU) responsible bodies.  
Reply 
In accordance with the Article 49 (Principles of Application of Safeguard, Anti -dumping and 
Countervailing Measures) of the EAEU Treaty and the Annex 8 of the Treaty, which contains the 
Protocol on Application of Safeguards, Antidumping and Countervailing Measures in Respect of Third 
Countries, the decisions on application of anti -dumping, countervailing and safeguard measures are 
taken by the Eurasian Economic Commission in accordance with the decision -making proc ess of the 
Eurasian Economic Commission.  
17.  Could Armenia kindly confirm that there are no Armenian national laws and bodies which are 
responsible for conducting anti -dumping, countervailing and safeguard investigations and decision -
making process thereo n? 
Reply 
The anti -dumping, countervailing and safeguard investigations are conducted by the Eurasian 
Economic Commission, in accordance with the Article 49 (Principles of Application of Safeguard, Anti -
dumping and Countervailing Measures) and the Annex 8 o f the EAEU Treaty, which contains the 
Protocol on Application of Safeguards, Antidumping and Countervailing Measures in Respect of Third 
Countries. In accordance with the Article 49 and the Annex 8 of the Treaty the decisions on 
application of anti -dumping , countervailing and safeguard measures are taken by the Eurasian WT/TPR/M/379/Add.1  
 
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  Economic Commission in accordance with the decision -making process of the Eurasian Economic 
Commission.  
18.  Please, explain whether the Republic of Armenia could suggest or influence the de cision of the 
EAEU 's bodies responsible for decision -making process under the anti -dumping, countervailing and 
safeguard procedures to ensure that a decision would be in line with national interests of the Republic 
of Armenia.  
Reply 
In accordance with the Article 49 (Principles of Application of Safeguard, Anti -dumping and 
Countervailing Measures) of the EAEU Treaty, the EAEU member countries participate in the 
discussions regarding trade defence measures, where they present their views based on their 
econo mic interests. Direct influence on the decision making is ensured through the voting process.  
4.3 Intellectual Property Rights , page 15 , paragraph 4.46 
Armenia reported that its trademark legislation, including the Law "On Geographical Indications " 
adopted  on 29 April 2010, is in full compliance with the EU requirements including relevant EU 
directives and decisions. At the same time, as the member of EAEU, once the Draft Agreement on 
EAEU Trademarks is in force, the appellation of origin of EAEU goods will  fall under provisions of that 
Agreement.  
19.  As Ukraine is also in the process of harmonizing its legislation with the EU norms and 
principles, would Armenia kindly give further clarification on whether the application of these two 
norms in the future may constitute a legal collision?  
Reply 
The application of the two norms will not constitute any legal collision.  
Other questions  
20.  Could Armenia  elaborate on its vision concerning further activities under Work Programme on 
Electronic Commerce within the WTO and the role of the WTO in promoting regulatory environment 
in facilitating electronic commerce?  
Reply 
Armenia welcomes any initiative directe d at the improvement of the electronic commerce regulatory 
environment and promoting the development of electronic commerce, taking into account the 
economic needs of developing countries. Armenia keeps track of the development in this area and 
is ready to  participate in the relevant discussions in the WTO framework.  
We are interested in exchange of international experience and best practices in e -commerce sphere. 
Thematic workshops, trainings, conferences, study visits, awareness raising events may contrib ute 
to the relevant experience and information exchange.  
Armenia has made significant steps to support the development of the sector. In 2016 National 
Parliament of RA adopted a legislative package on E -Commerce, which includes amendments and 
addendums in Laws on "Trade and Services ", "Consumer Rights " and "Cash-Desk Operations " as 
well as in Civil Code, taking into account relevant EU legislation and eCommerce -related EU acquis 
(eCommerce Directive, Consumer Rights Directive, etc.), as well as internationa l best practices. The 
complete system of Internet Acquiring has been introduced in the Armenian banking system. 
Furthermore, Armenia is interested in opportunities for the integration of RA payment and settlement 
systems into world -wide payment and settlem ent systems.  
21.  Would Armenia provide more information with regard to its intentions and participation in the 
joint Ministerial statement on domestic regulation in services?  WT/TPR/M/379/Add.1  
 
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  Reply 
Armenia welcomes the undertaking of the WTO Members that initiated the joi nt Ministerial statement 
on domestic regulation in services. Armenia gives high importance to good regulatory practice in 
facilitating trade in services. To that end, the discussions on possible participation of Armenia in the 
relevant processes in WTO are  ongoing.  
  WT/TPR/M/379/Add.1  
 
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  CHILE  
Report by the Secretariat - WT/TPR/S/379  
3.3.4 Competition policy and price controls , page 58, paragraph 3.108  
Overall, in line with the CEPA principles, the recent amendments to the Competition Law extended 
the scope of the application to public enterprises and their officials, in addition to private entities.33 
While no particular sectors or entities are exempted from the application of the Law, an exemption 
applies to the exercise of exclusive rights derived from intellectual activity. Furthermore, the Central 
Bank and the Public Services Regulatory Commission have special responsibilities for the application 
of competition legislation in the area of financial markets and public services. For example, in sectors 
regulated and supervised  by the Central Bank, the Commission implements its mandate in 
cooperation with the Central Bank. The Central Bank takes the final decision on issues pertaining to 
competition in the financial services sector in consultation with the Commission. According to the 
Law on the Central Bank, the Central Bank has the mandate for adopting normative legal acts on 
competition issues in the financial services sector. 
In the section on competition policy and price controls it is mentioned that "the Central Bank and 
the Public Services Regulatory Commission have special responsibilities for the application of 
competition legislation in the area of financial markets and public services. " Chile would appreciate 
if Armenia could provide information on how the Central Bank takes competition issues into 
consideration. In particular, Chile is interested in information about the regulatory basis for that.  
Reply 
The Regulatory basis for taking competition issues in the financial services sector by the Central 
Bank are:  
• RA Law on  the Central Bank of the RA (Article 7.1)  
• RA Law on protection of economic competition, (Article 2)  
• Internal Legal acts of the Central Bank.  
The abovementioned two Laws provide:  
• the mandate of the Central Bank to intervene in issues pertaining to competition in 
financial services sector and take the final decisions  
• the cooperation between the Central Bank and the Commission on the protection of 
economic competition.  
• the mandate of the Central Bank to adopt normative legal acts (secondary legislatio n) on 
competition issues.  
Internal legal acts of the Central Bank provide detailed regulations on concentrations, dominant 
positions, anti -competitive agreements, as well as procedures for starting investigations in the 
financial markets.  
SUMMARY, Page 7, paragraphs 3, 4 and 5  
 
1.3.1 Business environment, page 15, p aragraph 1.17  
 
2.3 Policy Objectives, page 25, p aragraph 2.20  
 
2.4.3 Other arrangements, 2.4.3.1 European Union, page 29, p aragraphs 2.44 and 2.45  
Regarding paragraph 2.20, which indicates that in 2016 the Ministry of Economy became the Ministry 
of Economic Development and Investments, and that within its tasks is "administrating work relating 
to Armenia 's membership in the EAEU and the WTO, and econ omic relations with the European WT/TPR/M/379/Add.1  
 
- 49 - 
 
  Union ", Chile would appreciate if Armenia could provide more information on how it has harmonized 
the commitments undertaken in both agreements, that of the EAEU and the one with the EU.  
Reply 
The negotiations on the Compre hensive and Enhanced Partnership Agreement between Armenia and 
EU started in 2015 (Armenia was already a member of the Eurasian Economic Union). Considering 
the extensive nature of the question, suffice to say that the guiding principle of the negotiations  was 
to ensure the compatibility of the provisions of the CEPA with Armenia 's arrangements and 
commitments under other integrational processes.  
3.2.4 Export finance, insurance and promotion, page 48, paragraphs 3.66 -3.68 
Chile would appreciate if Armenia could provide more information on elements of the strategy in the 
definition of Free Economic Zones (FEZs), and services export promotion, as incentive for investment 
in the development of information and communication technologies (ICTs), electronics, 
pharmaceuticals and biotechnology, architecture and engineering, industrial design, and alternative 
energy.  
Reply 
The main goal of the FEZ is to contribute to the export volume growth and creation of new 
workplaces, as well as ensure sustainable economic deve lopment through integrating foreign direct 
investments and introducing advanced technologies.  
For this purpose, a number of incentives are available for the residents of free economic zones, in 
particular:  
• No profit tax ; 
• No property tax ; 
• No value added tax  for goods delivered to and services provided in FEZ, including 
electricity supply, water supply, gas supply ; 
• Custom duties incentives according to EAEU regulations ; 
• Public services are provided on "one stop shop " basis. 
 
  WT/TPR/M/379/Add.1  
 
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  ARGENTINA  
Report by the Secretariat - WT/TPR/S/379  
3 TRADE POLICIES AND PRACTICES, BY MEASURES  
3.1 Measures Directly Affecting Imports , 3.1.4 Tariffs , page 37, paragraph 3.28  
In paragraph 3.28 the report indicates that 13% of the current tariff lines are subject to non -ad 
valorem  tariffs, a percentage widely higher than the 0.5% represented by these lines in 2009.  
Considering this situation and also that the recent accession of Armenia to the Eurasian Economic 
Union (EAEU) in 2015 led to an increase in tariffs applied to most impo rted products, what is the 
impact that the Armenian government considers will produce this situation on the volume of imports 
with respect to countries that are not part of the EAEU?  
Reply 
While the volume of imports from third countries (non -EAEU) may pot entially decrease as a result 
of the increase of the tariffs, it should be also pointed out, as mentioned in the Secretariat Report, 
that Armenia applies temporary exceptions from the Common external tariffs of the EAEU on a 
number of important products (a round 900), which mitigates the potential negative effect. 
Additionally, as a result of the accession to the EAEU, the customs duties of more than 1000 products 
have been decreased, which will create new opportunities for trade and increase in imports.  
4.1.2. Policy and institutional developments , 4.1.2.1 Border measures , page 78, 
paragraph  4.15 
Regarding paragraph 4.15., which states "Following Armenia 's accession to the EAEU, Armenia has 
negotiated temporary customs tariff exemptions for a number of ke y agricultural items. According 
to the authorities, the objective is to minimize inflation risks for the next five years. These items 
include some meat and poultry items, dairy products, fruit and vegetables, tea, grains, starches, 
vegetable oils, tobacco,  and gelatine. By 2022, most agricultural items, with the exception of some 
fresh and dried fruit, will face import tariff increases, with meat and poultry having the largest 
change. Standardization, quality certification, sanitary and phytosanitary requir ements, product 
safety processes and import procedures are also based on new EAEU requirements ", it is reported 
that Argentina has taken notice (informally) in September 2018 that by Decisions No. 44 of 23 July 
2017 and 53 of 22 August 2017, the Council of  the Eurasian Economic Community eliminated the 
25% tariff preferences enjoyed by a series of products that Argentina exports to the Russian 
Federation (apples, garlic, onions, grape juices, etc.). This Decision and its subsequent entry into 
force on 1 Jul y last were not "officially notified ", which caused a significant commercial loss to 
Argentina. Our country considers that the UEE should maintain this tariff preference until official 
notification is received regarding the elimination of the preferences i n question.  
Given the above, since decisions referred to in paragraph 4.15 were adopted by Armenia as a full 
member of the UEE, what is the rationale for this measure that affects the normal behaviour  of trade 
with the member countries of the UEE?  
Reply 
The Republic of Armenia as a Member State of the Eurasian Economic Union unilaterally grants tariff 
preferences to particular goods originating from developing and least developed countries.  
In order to ensure predictability and transparency all decisions re garding the EAEU Common System 
of Tariff Preferences are published on the official website of the EAEU before their entry into force.  
With regard to Decisions No. 44 of 23 July 2017 and 53 of 22 August 2017, they were published on 
the EAEU official site on  29 May 2018, with the dates of entry into force starting only from 1 July 
2018 and 2 July 2018 accordingly. These long -time limits gave the necessary period to all economic 
operators.  WT/TPR/M/379/Add.1  
 
- 51 - 
 
  Regarding the notification of these documents, according to the WTO Gen eral Council Decision 
WT/L/225 of 16 July 1997 they will be notified to the IDB by the EAEU Member States till 30 March 
2019.  
As granting tariff preferences to goods falls under the competence of the EAEU, the EAEU Member 
States have no legal basis for sep arately granting tariff preferences to goods concerned imported 
after the Decisions No. 44 of 23 July 2017 and 53 of 22 August 2017 entered into force.  
 
  WT/TPR/M/379/Add.1  
 
- 52 - 
 
  THAILAND  
Report by the Secretariat – WT/TPR/S/379  
Page 71 , paragraph 3  
How the majority of the intellectual property rights cases were settled through out -of-court 
proceedings? Why the IP right holders did not impose the case through a competent court or 
Protection of Economic Competition of the Republic of Armenia (SCPEC RA)?  
Reply 
There are no spe cialized courts in Armenia that deal with the IP cases. In most cases the rights -
holders do not even try to protect their rights by bringing a case to the court, as the procedures can 
take a long time and are complicated, so the benefit does not correspond  to the efforts they have 
to make for it. As a result, the courts have few cases each year, and this is true especially for 
copyright infringements.  
It has to also be stated that the Legislation of the Republic of Armenia envisages the resolution of 
cases also through the mediation or arbitration in accordance with RA Civil Code, RA Law "On 
Mediation " and "Commercial Arbitration ".  
 
  WT/TPR/M/379/Add.1  
 
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  CANADA  
Report by the Secretariat – WT/TPR/S/379  
2 TRADE AND INVESTMENT REGIMES  
2.4.2 Regional Trade Agreements , 2.4.2.1 Eurasian Economic Union (EAEU), page 29, 
paragraph 2.39  
The Secretariat Report notes that one of the EAEU 's main functioning principles is the formation of 
the unified trade regime with third countries. It also notes that the negotiations on issues that do  
not fall within the competence of the EAEU, such as trade in services and investment, are held by 
the EAEU members exclusively.  
• Could Armenia explain why have EAEU members decided that the negotiation of trade in 
services and investment provisions remain under the exclusive competence of EAEU 
members rather than being negotiated by EAEU as a unified block as is done with trade in 
goods?  
• Could Armenia indicate whether the EAEU have the intention of eventually harmonizing 
regulations in services and investme nt as it is doing with trade in goods?  
Reply 
Taking into account the much more complex and different regulations on services and investments 
in the EAEU member countries, including the very differing GATS services schedules of the EAEU 
members who were als o WTO M embers or acceding countries, considering also that the Customs 
Union had been in place since 2010, the trade in goods regulations have been harmonized and the 
harmonization of services sector is in progress. Therefore, not having a fully harmonized  services 
market, the competence of negotiation of trade in services and investment provisions has been left 
with the EAEU member states.  
The single services market has been operating in 43 sectors since the Treaty on the EAEU entered 
into force. Single se rvices markets should be established in additional 23 sectors from 2019 -2021 
period.  In relation to such strategic sectors as finance, transport and energy the common services 
market should also be created until 2025.  
3 TRADE POLICY AND PRACTICES BY MEASUR E  
3.3.7 Government Procurement , page 66 , paragraph 3.145  
The Secretariat Report notes that the amendments to the Public Procurement Law  introduced in 
2018 mainly concern the review procedures. In light of constitutional changes, the Procurement 
Review Boa rd was dissolved and replaced with individual "persons to review complaints ". 
• Could Armenia indicate whether and how those amendments concerning the review 
procedures will impact the capacity of foreign bidders to submit a complaint?  
Reply 
According to the  article 46, part 1 of the Law it is defined that every person shall have the right to 
appeal against the actions (inaction) and decisions of the contracting authority, the evaluation 
commission and the person examining procurement -related appeals.  
At the same time according to the part 3 of the mentioned article of the Law every person shall have 
the right to appeal against the actions (inaction) and decisions of the contracting authority and the 
evaluation commission to the person examining procurement -related appeals, before conclusion of 
the contract, as well as appeal against the actions (inaction) and decisions of the person examining 
procurement -related appeals, the contracting authority and the evaluation commission through 
judicial procedure. Thus, according to the mentioned norms the right of foreign (non -resident) WT/TPR/M/379/Add.1  
 
- 54 - 
 
  participants to appeal against the procurement procedures organized in the Republic of Armenia is 
ensured too.  
3.3.7.1 Public procurement rules coverage of state -owned firms over the revi ew period, 
page 68 , paragraph 3.156  
The Secretariat Report notes that for procurement above the GPA thresholds, in 2017, most of the 
procurement (58%) was conducted through the negotiation procedures without announcement; the 
framework agreements (24%); and the open tender procedures (17%).  
• Canada notes that 83% of all covered procurement contracts were awarded through 
negotiation procedures without announcement and the framework agreements. Could 
Armenia provide more information on how many of these cont racts were awarded to 
foreign companies?  
Reply 
During 2017 contracts higher than the envisaged threshold provided by the WTO Public Procurement 
Agreement were signed with 3 RA non -resident companies.  
4 TRADE POLICIES BY SECTOR  
4.2 Mining and Energy , 4.2.1. 3 Policy and institutional developments, p age 86 , 
paragraph  4.48 
The Secretariat Report noted that the Mining Sector Development Concept was adopted on 
24 August 2017, and the Government 's mining sector development strategy is to be adopted by the 
end of 2 019. 
• Could Armenia provide further information on its mining sector development strategy, 
including on what it may cover?  
Reply 
Mining Sector Development Strategy will aim to promote sustainable development of the sector, 
ensuring implementation of combine d and comprehensive actions of all three stability components 
(environmental, social and economic). Currently, some diagnostic measures should be implemented, 
such as Economical Assessment – assessment of economic viability and feasibility of various types  
of mining investments; and assessment of development risks and technical capacity in Mining Sector 
in the context of environment and population health. After the implementation of these measures 
Mining Sector Development Strategy will be developed based o n raised issues and recommendations.  
Page 86 , paragraph 4.51  
The Secretariat Report noted that: "the Government has also adopted legislation needed for the 
implementation of the Mining Code, which is intended to attract private investment, streamline the 
management of environmental and social impact assessments, and enhance public disclosure ".  
• Could Armenia provide examples of the types of measures it intends to implement in order 
to "streamline management of environmental and social impact assessments, an d enhance 
public disclosure "? 
Reply 
The Law on Environmental Impact Assessment and Expert Examination of 22 July 2014 was adopted 
by the National Assembly of the Republic of Armenia. The law defines the environmental and social 
impact assessment process and provides an outline for the environmental impact assessment report 
which includes sections on analysis of the project impacts for both physical, biological and social 
environments, and cumulative impacts.  WT/TPR/M/379/Add.1  
 
- 55 - 
 
  In addition, the methodologies N37 of 4 Septemb er 2014 and N29 of 29 July 2016 adopted by the 
Government of RA defines the environmental and social assessment of the mining industry.  
The initiator in the mining industry develops environmental and social impact assessment report in 
accordance with the L aw on Environmental Impact Assessment and Expert Examination of RA, 
methodologies and the relevant legislative provisions in order to obtain positive resolutions of the 
Environmental Expertise from the Ministry of Nature Protection of RA.  
During 2018 the M inistry of Nature Protection of RA has received around 72 proposed activities of 
mining industry (geological exploration, mining) for environmental expertise.  
In order to ensure the transparency and improve the accountability of mining companies in Armenia , 
the Government, within the frameworks of mining industry policy and the Extractive Industries 
Transparency Initiative (EITI), every year, on the 30th of the month following the end of the 
reporting year, has to publish the amounts paid by subsoil users t o the environment protection fund 
and returned to subsoil users on the official website of the Ministry of Nature Protection of Armenia.  
The work on introduction of the system of providing the results of the planned monitoring and 
ensuring publications has  started in Armenia, aimed at the reduction of environmental losses caused 
by subsoil use and the prevention of irreversible effects.  
4.1 Agriculture, Forestry, and Fisheries , 4.1.2.1 Border measures, Page 78, 
paragraphs  4.14 and 4.15  
The Secretariat Report indicates that during the review period, tariff protection for agriculture 
increased from 6.6% in 2009 to 12.8% in 2018, and remains higher than the overall applied MFN 
average (7.5%, 2018) and the average for manufacturing. Import duties on agricul tural products 
are higher than on non -agricultural products. Animals and animal products, fats and oils, and 
prepared food and beverages are the categories subject to the highest import duties. The Secretariat 
Reports also indicates that following Armenia 's accession to the EAEU, Armenia has negotiated 
temporary customs tariff exemptions for a number of key agricultural items. According to the 
authorities, the objective is to minimize inflation risks for the next five years. These items include 
some meat an d poultry items, dairy products, fruit and vegetables, tea, grains, starches, vegetable 
oils, tobacco, and gelatine. By 2022, most agricultural items, with the exception of some fresh and 
dried fruit, will face import tariff increases, with meat and poultr y having the largest change.  
• From 2007 to 2017, Armenia agricultural imports from non -EAEU countries represented 
an average of USD 270 million which account for more than the half of Armenia 's total 
imports of agricultural products from all countries (inc luding EAEU countries) for the same 
period. Armenia has in place temporary customs tariff exemptions for key agricultural 
imports which indicates that there is a strong internal demand for these imported 
agricultural products. Will Armenia consider mitigat ing increase in the import tariff for 
meat and poultry? If so, how?  
Reply 
During the transitional period (2015 -2021) the Republic of Armenia applies rates of import customs 
duties for some agricultural products different from the rates of the Common Custom s Tariff of the 
Eurasian Economic Union (EAEU), which are stipulated by the Treaty on the Accession of Armenia to 
the EAEU. In particular, customs tariffs different from EAEU customs tariffs are applied in Armenia 
for certain types of meat, pork, poultry m eat. According to the National food balance of Armenia for 
2016 published by the Statistical Committee, Armenia ensures the level of self -sufficiency of beef 
(92.5%), pork (64.1%) and poultry meat (28.5%). After the transitional period has elapsed, Armenia  
may benefit from the process of setting import quotas for mentioned commodities according to EAEU 
legislation, which may somewhat mitigate the increase in import duties on meat and poultry.  
 
  WT/TPR/M/379/Add.1  
 
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  INDIA  
Report by the Secretariat - WT/TPR/S/379  
 
2 TRADE AND INVESTMENT REGIMES  
 
2.5 Investment Regimes, p age 30 , paragraph 2.50  
1. The report drawn up by the WTO Secretariat mentions the establishment of Development 
Foundation of Armenia (DFA) to promote investment and export. What investment services can be 
availed o f by foreign investors in Armenia?  
 
Reply   
Investment services provided by Business Armenia Foundation include:  
 
• provision of requisite information on Armenia 's business environment and legal 
regulations ; 
• provision of sectoral overviews and information on legislative regulations ; 
• presentation of available investment projects and business opportunities ; 
• assistance on getting tax incentives provided by the Government of the Republic of 
Armenia ; 
• facilitation of interaction between investors and relevant state authorities ; 
• direct support for investment projects implementation, including provision of information 
on suitable land, premises, distressed assets available for acquisition or long -term lease ; 
• provision of consulting and other project -related services on  exclusive terms by the local 
companie s involved in the Foundation 's "Business Support Club "; and  
• support to investors and provision of aftercare services throughout the whole 
post-investment cycle . 
3.2 Measures Directly Affecting Exports, 3.2.1 Customs pr ocedures and requirements, 
page 47  
 
2. As per the WTO Report, one of the measures which directly affects the exports of Armenia is 
customs procedures and requirements. What are the customs declarations on goods exported from 
Armenia outside EAEU?  
 
Reply 
In ca se of export of goods from the Republic of Armenia to non -Member States of the Eurasian 
Economic Union (hereinafter referred to as Union) a declaration of goods is filled in accordance with 
Resolution No . 257 "On definition of guidelines for filling custom s declarations and customs 
declaration forms " of the Commission of the Customs Union dated 20 May 2010.  
Customs operations related with export of goods from the customs territory of the Union are defined 
in the Chapter 15 of the Customs Code of the Eurasia n Economic Union (hereinafter referred to as 
Customs Code). In accordance with the 2nd part of Article 92 for the goods to export from the 
customs territory of the Union a declaration for goods or the information from the declaration, as  
well as documents and/or data confirming compliance with the prohibitions and restrictions in 
accordance with Article 7 of the Customs Code have to be presented to the customs authority.  
Export of goods from the customs territory of the Union is allowed with the permission of customs 
authority.  WT/TPR/M/379/Add.1  
 
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  According to the Article 93 of the Customs Code the confirmation procedure of the actual export of 
goods from the customs territory of the Union is defined by the Commission of the Union.  
Unloading, reloading of goods and other cargo handling operations, as well as replacement of 
vehicles for international transportation before the departure of goods from the customs  territory  of 
the Union are allowed with the permission of customs authority, with exception of cases, when the 
above -mentioned  operations are performed by 1st type or 3rd type of authorized economic 
operators, as stated in the Article 95 of the Customs Code.  
Report by Armenia - WT/TPR/G/379  
4.3 Intellectual Property Rights, p age 15, paragraph 4.45  
1. What are the numb er of amendments and changes to be made in the Intellectual Property 
related legislation in Armenia to fully align with the international standards? Also, what are the 
measures being adopted by the government of Armenia for strengthening the enforcement 
mechanism of IPR?  
Reply 
Currently 3 new laws, namely the "Law on Patents ", the "Law on Industrial Designs " and the "Law 
on Copyright and Related Rights " are being drafted. They are supposed to be adopted during the 
next year.  
The above -mentioned drafts are fully aligned with the norms of international conventions and 
treaties in the field and the EU directives.  
The role of the Police and Customs Service are essential with regard to enforcement of IPR in 
Armenia. One of the most important aspects of the refor ms and development of IPR system in 
Armenia are contentious trainings of the state officials in charge of IPR enforcement, particularly for 
the officials of Police, Customs and for judges.  
Various activities and programs aimed at disseminating information on IP and increasing awareness 
among various target audiences are conducted. Meetings with entrepreneurs on the importance of 
IP protection are being conducted periodically.  
 
__________