WORLD TRADE
ORGANIZATIONG/SG/N/1/LVA/1/Suppl.1
3 June 1999
(99-2240)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS, REGULATIONS AND
ADMINISTRATIVE PROCEDURES RELATING
TO SAFEGUARD MEASURES
LATVIA
Supplement
The following communication, dated 25 May 1999, has been received from the Permanent
Mission of Latvia.
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With reference to Article 12.6 of the Agreement on Safeguards the Government of the
Republic of Latvia notifies the Committee on Safeguards “Regulations on Procedure of Application of
Safeguard Measures” and “Regulation of the St ate Commission of Safeguards” both passed by
Saeima on 11 May 1999.
TABLE OF CONTENTS
Page
REGULATIONS ON PROCEDURE OF APPLIC ATION OF SAFEG UARD MEASURE.......... 2
I. GENERAL PR OVISIONS ................................................................................................. 2
II. INITIATION OF IN VESTIGATION................................................................................. 2
III. EXAMINATION OF  APPLICATION............................................................................... 3
IV. COMMENCEMENT OF INVESTIGATION .................................................................... 3
V. PARTICIPATION OF INTERESTED PARTIES IN INVE STIGATION......................... 4
VI. HEA RINGS .................................................................................................................... .... 4
VII. INVEST IGATION.............................................................................................................. 4
VIII. OVERVIEW  REPO RT....................................................................................................... 5
IX. PROVISIONAL MEASURE.............................................................................................. 5
X. SAFEGUARD ME ASURES .............................................................................................. 6
XI. CONTROL AND PROLONGATION OF THE TIME-PERIOD OF
SAFEGUARD ME ASURES .............................................................................................. 6
XII FINAL PR OVISI ONS ........................................................................................................ 7
REGULATION OF THE STATE CO MMISSION OF SA FEGUAR DS........................................ 8
I. GENERAL PR OVISIONS ................................................................................................. 8
II. COMPOSITION OF  COMMISSION................................................................................. 8
III. AGENDA OF CO MMISSION ........................................................................................... 8G/SG/N/1/LVA/1/Suppl.1
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Unofficial translation from Latvian
Cabinet of Ministers of the Republic of Latvia
11 May 1999
Regulations on Procedure of  Application of Safeguard
Measures
Issued pursuant to
Section 3 of paragraph 6 of
the Law On Safeguards
I. GENERAL PROVISIONS
1. These Regulations determines the order of initiation and application of safeguard measures in
accordance with the Law on Safeguards.
II. INITIATION OF INVESTIGATION
2. An application of initiation on investigation shall be addressed to the State Commission of
Safeguards (hereinafter – “the Commission ”) and submitted to the Ministry of Economy.
3. Application shall contain the following information:3.1. names, addresses, telephone numbers, kinds of business activities, registration numbers at the
Enterprise Register of domestic producers or an association of producers (initiators of investigation or
supporters of investigation) as well as information on amount of production of product produced by
initiator of investigation from total  amount of production of the industry;
3.2. a document certifying support of largest part of domestic producers or associations of
producers. The application shall be considered submitted by domestic producers or on behalf of
domestic industry only if it is supported by those domestic producers whose collective output
constitutes more than 50 per cent  of the total production of the domestic product which is produced
by the domestic industry expressing either support for or opposition to the application. However, no
investigation shall be initiated when domestic producers supporting the application account for lessthan 25 per cent of total production of the domestic industry;
3.3. description and code of domestic product according to Harmonized System of Description
and Coding of Product as well as technical de scription of product and purposes of utilization;
3.4. description and code of imported product according to Harmonized System of Description
and Coding of Product as well as technical de scription of product and purposes of utilization;
3.5. countries importing the product concerned;
3.6. evidence proving that domestic product is like or directly competitive to imported product, if
the domestic and imported products have different code of Harmonized System of Description and
Coding of Products;G/SG/N/1/LVA/1/Suppl.1
Page 3
3.7. amount and value of imported product specifying data of last three years prior to the date of
submission of application and production amount of  imported product in the year of initiation of
investigation;
3.8. amount and value of domestic product specifying data of last three years prior to the date of
submission of application and production amount of  domestic product in the year of initiation of
investigation;
3.9. basis of existence of serious injury or threat of serious injury and evidence that the amount of
imported products have caused serious injury or threats of serious injury (market share, decline of
sale, employment, productivity, use of capacity, adverse effect on price of the product etc.);
3.10. recommendations for promotion of competitiveness of the respective industry (branch of) that
shall be carried out by the domestic producer if the safeguard measures are applied.
4. If the Commission initiates investigation on it’s own initiative, it shall be carried out in
accordance with Sections IV, V, VI, VII and VII of these Regulations.
III. EXAMINATION OF APPLICATION
5. After receiving application Commission shall examine its conformity with Article 3 of these
Regulations.
6. If necessary, Commission may request applicant to provide additional information within 15
days.
7. In order to examine application, Commission may request for adjudgement of competent
State Administrative Institutions about the situation in respective domestic industry and necessity ofapplication of safeguard measures.
8. The Commission shall reject application if:8.1. all information specified in Article 3 of these Regulations is not included in application and
applicant has not corrected the shortcomings after Commission’s written request within the specified
time period.
8.2. there is no sufficient evidence for commencement of investigation.
IV. COMMENCEMENT OF INVESTIGATION
9. Investigation shall be considered as commenced from the day when decision on
commencement of investigation is published at the official newspaper “Latvijas V ēstnesis”.
10. Decision on commencement of investiga tion shall contain following information:
10.1. review prepared by the Commission on received information:
10.2. time period within which interested parties may submit their views by submitting written
information;
10.3. time period within which interested parties may submit application in hearing in accordance
with Article 14 of these Regulations.G/SG/N/1/LVA/1/Suppl.1
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10.4. reference where interested parties may submit documents specified in subarticles  10.2 and
10.3 of these Regulations.
V. PARTICIPATION OF INTERESTED PARTIES IN INVESTIGATION
11. During investigation period interested parties may submit in written evidence and information
which are important for investigation.
12. During investigation period interested parties which have expressed their opinion in
accordance with subarticle 10.2 of these Regulations may get acquainted with all information being at
the disposal of the Commission except confidential information and information with limited access.
Interested parties are entitled within time period set by Commission (that may not be shorter than 15
days and may not exceed 30 days) to submit their views about evidence and information being at the
disposal of the Commission.
VI. HEARINGS
13. Commission may hold a hearing with interested parties if those have submitted written
application containing motivated necessity of such a hearing within time period set in a public notice.
14. During the hearings parties may submit their views only regarding indicated issues about
which a review is requested, submitted together with application on the hearing’s necessity.
15. Commission shall send a notification about time and place of the hearing to all interested
parties and shall publish it in newspaper “Latvijas V ēstnesis”.
VII. INVESTIGATION
16. In order to determine the necessity of safeguard measures, the Commission shall examine the
following information:
16.1. rate and amount of the increase in imports of the product concerned (in absolute and relative
terms in respect to domestic production and consumption) both in quantitative and value terms for last
three years until the day of submitting the application;
16.2. circumstances subject to which import have been increased (price, quality, terms of sale, the
share of domestic market taken by increased imports, changes in the level of sales – price, amount,quality, demand of domestic product in domestic market, unsold stocks etc.);
16.3. the negative impact of increase in imports of product concerned on domestic producer;
16.4. examination of export capacity of each exporting country at the day of submitting the
application and in the immediate future;
16.5. extent of expected or existing injury to domestic producer;
16.6. causal link between increased imports of the product concerned and serious injury or threat
thereof.
17. In determining the existence of threats of serious injury, the Commission shall examine
whether the situation is clear enough to determine what would cause a serious injury to domestic
industry.G/SG/N/1/LVA/1/Suppl.1
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18. In determining the existence of threats of serious injury, the Commission shall take into
account the following information:
18.1. the increase in imports of product concerned;
18.2. export capacity of exporting country during investigation and in the immediate future;
18.3. possibility that the export capacity of the product concerned would be used for export to
Latvia.
19. If the requested information is not submitted on time specified by the Commission and the
investigation is substantially hindered, the Commission may take decisions based on available
information or information being at its disposal. If the Commission determines that the interested
party has submitted incorrect or deceptive information, such information shall not be taken into
account and the Commission decisions shall be taken in accordance with available information or
information being at its disposal.
VIII.  OVERVIEW REPORT
20. The Commission shall prepare an overview report about results of the investigation and shall
indicate the following information in the report:
20.1. description and code of imported product according to Harmonized System of Description
and Coding of Product as well as technical de scription of product and purposes of utilization;
20.2. exporting countries of the product concerned;
20.3. description and code of domestic product according to Harmonized System of Description
and Coding of Product as well as technical de scription of product and purposes of utilization;
20.4. advisable safeguard measures, if such are necessary, duration of application of them and
schedule of gradual liberalization of the safeguard measures.
21. If the Commission in the overview report about results of investigation advises to impose
safeguard measures, the report shall be submitted to the Cabinet of Ministers in accordance with the
respective procedure.
IX. PROVISIONAL MEASURE
22. The Commission shall no later than 30 days after initiation of investigation take decision on
existence of crucial conditions (serious injury) and necessity of provisional measures. The
Commission shall submit the decision on necessity of provisional measures to the Cabinet of
Ministers in accordance with the respective procedure.
23. Notification on necessity of provisional measures shall be published in official newspaper
“Latvijas V ēstnesis”, and it shall contain the following information:
23.1. description and code of imported product according to Harmonized System of Description
and Coding of Product;
23.2. foundation of necessity of provisional measure;
23.3. determined provisional measure;G/SG/N/1/LVA/1/Suppl.1
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23.4. duration of the application of provisional measure.
24. If  the import of product concerned does not cause substantial losses or thereof to domestic
industry anymore, the Commission shall decide on recommendation to abolish the provisional
measure.
X. SAFEGUARD MEASURES
25. The Commission shall recommend in the overview report the most appropriate safeguard
measures in the respective situation.
26. If the Commission recommends determination of import quota, it simultaneously provides
information on acceptable size of import quota. Size of recommended quotas shall not be below the
average import level of the last three years about which information is available in Central Statistics
Administration, except the cases clear enough to see ne cessity of other size of import quota to prevent
injury.
27. In recommending annual import quotas, the Commission shall take into account the following
aspects:
27.1. how the current flow of goods would be preserved;
27.2. amount of product which are exported in accordance with Contracts established prior the
safeguard measures entered into force (if there is such information at the disposal of the Commission).
27.3. necessity to avoid jeopardising the achieving of goal of establishing the quota.
28. Annual quotas shall be apportioned in consulting with all exporting countries of the product
concerned which have substantial interest in export to Latvia of the product concerned.
29. If there is not possible to reach an agreement on apportioning of quotas in accordance with
procedure specified in Article 28 of these Regulations, quotas shall be apportioned according theshare of each exporter in the total amount of import prior to the application of safeguard measures. If
the Commission determines that the import of the product concerned from the certain country is
disproportionately   increased in respect to the to tal import of the product, it is possible to determine
other apportioning of quotas.
XI. CONTROL AND PROLONGATION OF THE TIME PERIOD OF SAFEGUARD
MEASURES
30. In order to prolong the time period of safeguard measures, the Commission shall carry out a
new investigation in accordance with these Regulations.
31. The Commission shall recommend to prolong the time period of safeguard measures if:
31.1. during investigation it is established that in order to avoid serious injury or threats of serious
injury it is necessary to prolong the time period of safeguard measures;
31.2. the Commission has information in its disposal that domestic producers carry out significant
measures for increasing competitiveness.
32. The Commission shall once a year review advisability of safeguard measures and shall decide
on liberalization possibilities of safeguard measures.G/SG/N/1/LVA/1/Suppl.1
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33. In reviewing the advisability of safeguard measures, the Commission shall examine:
33.1. effectiveness of applied safeguard measures;
33.2. how the liberalization of safeguard measures would affect the competitiveness of domestic
industry;
33.3. other substantial circumstances.34. The Commission shall be entitled to request from domestic producers necessary information
on situation of industry concerned after application of safeguard measures and measures performed
for increasing competitiveness as set by subarticle 3.10. of these Regulations.
XII. FINAL PROVISIONS
35. The following normative acts shall be considered as invalid:
35.1. Regulations of the Cabinet of Ministers No. 20 of January 17, 1995 “Regulations of
Safeguard Measures of agriculture products produced in Latvia” (Latvijas V ēstnesis, 1995, No.10;
1997, No. 40./41);
35.2. Regulations of the Cabinet of Ministers No. 62 of February 4, 1997 “Amendments to the
Regulations of the Cabinet of Ministers No. 20 of January 17, 1995 “Regulations of Safeguard
Measures of agriculture products produced in Latvia”” (Latvijas V ēstnesis, 1997, No. 40./41);
Prime Minister V.Krištop āns
Minister of Finance I. GodmanisG/SG/N/1/LVA/1/Suppl.1
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Unofficial Translation from Latvian
REGULATION OF THE STATE COMMISSION OF SAFEGUARDS
Issued pursuant to
Article 3 of the Law On Safeguards
I. GENERAL PROVISIONS
1. The State Commission of Safeguards (hereinaft er – Commission) is collegiate institution of
authorized officials.
2. The decisions of the Commission has permissive character.
3. The Commission has entitled to receive from State institutions adjudgements on substantial
issues for an investigation, situation in domestic market and necessity of applied safeguard measures.
II. COMPOSITION OF COMMISSION
4. The Commission shall consist of nine representatives of State institutions:
4.1. two representatives from the Ministry of Economy;
4.2. two representatives from the Ministry of Finance;
4.3. two representatives from the Ministry of Foreign Affairs;
4.4. two representatives from the Ministry of Agriculture;
4.5. one representative from the Ministry of Welfare.
5. The Chairman of the Commission is representative of Ministry of Agriculture, if the
Commission examines an application and carries out examination regarding products of Chapters 1 to
24 of the Harmonized System of De scription and Coding of Products.
6. The Chairman of the Commission is representative of Ministry of Economy, if the
Commission examines an application and carries out examination regarding products of Chapters 1 to
24 of the Harmonized System of De scription and Coding of Products.
7. The Commission shall elect Deputy Chairman from it’s representatives by simple majority of
votes.
8. The Commission has a Secretariat, whose functions shall be performed by Foreign Economic
Relations and Trade Policy Department of the Ministry of Economy within the limits of annual budget
allocated for this purposes.
III. AGENDA OF COMMISSION
9. The Chairman or the Deputy Chairman in the absence of the Chairman shall call and chair the
meetings of the Commission.
10. The meetings of the Commission are closed ones.
11. The Commission shall be entitled to decide if the its meeting are attended by two thirds of
members of the Commission.G/SG/N/1/LVA/1/Suppl.1
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12. Decisions of the Commission shall be voted through two thirds from the members of
Commission.
13. Voting shall be open.
14. The Secretariat of the Commission is responsible for preparation of issues submitted to the
Commission for examining in Commission’s meetings as well as for preparation of review on results
of investigation.
15. Meetings of the Commission shall be recorded. Decisions of the Commission shall be
formalized like excerpt of protocol and shall be published in the official newspaper “Latvijas
Vēstnesis”. The Secretariat of the Commission shall perform the accounting of all decisions and shall
ensure all interested parties with the text of respective decision.
16. Decision of the Commission shall be si gned by the Chairman of the Commission.
17. The technical attendance of the Commission shall be ensured by the Ministry of Economy.
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