RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/Q1/HRV/3
G/SCM/Q1/HRV/3
9 November 2001
(01-5551)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
Replies to Questions Posed by the UNITED STATES1 and the
EUROPEAN COMMUNITIES2 Regarding the Notification of CROATIA3
The following communication, dated 8 November 2001, has been received from the
Permanent Mission of Croatia
_______________
As stated in the document G/ADP/N/1/HRV/1-G/SCM/N/1/HRV/1, Croatia has notified, on
3 April 2001 its existing national anti-dumping (countervailing)  legislation in accordance with
Article 18.5 of the Agreement on Implementation of article VI of the GATT 1994 ( Article 32.6 of the
Agreement on Subsidies and Countervailing Measures).
This legislation is the Croatian Law on Trade, more specifically its Articles 48 and 49 (50 and
51) that incorporate basic and key provisions of the WTO Anti-Dumping Agreement (Subsidies and
Countervailing Measures Agreement)  thus ensuring the conformity of the Croatian legislation with
the Agreement.
However, as the provisions of Articles 48 and 49 (50 and 51 ) are general, they could not be
applied in the absence of a special implementing regulation laying down detailed rules, procedures
and conditions for the application of anti-dumping measures (countervailing measures ) in conformity
with the Agreement on Implementation of Article VI of the GATT 1994 ( SCM Agreement ).  Such a
regulation has not, as yet, been adopted; therefore Croatia is currently not implementing the anti-
dumping provisions of the Law on Trade.
This is in accordance with the commitments taken in paras 98 and 99 of the Report of the
Working Party on the Accession of Croatia to the WTO (document WT/ACC/HRV/59).  In thatReport it is stated that Croatia would not apply anti-dumping ( countervailing ) measures until the
implementation and notification of the aforementioned regulation that will lay down detailed rules and
determine other technical issues related to the application of anti-dumping ( countervailing ) measures
based on the national Law on Trade and in conformity with the Article VI of the GATT 1994 and the
Agreement on the Implementation of Article VI (the  Agreement on Subsidies and Countervailing
Measures).
                                                     
1 G/ADP/Q1/HRV/1-G/SCM/Q1/HRV/1
2 G/ADP/Q1/HRV/2-G/SCM/Q1/HRV/2
3 G/ADP/N/1/HRV/1-G/SCM/N/1/HRV/1-G/SG/N/1/HRV/1G/ADP/Q1/HRV/3
G/SCM/Q1/HRV/3
Page 2
The Ministry of Economy is currently preparing the regulations in question.  They will be
adopted and implemented in the beginning of 2002 and will be published in the Official Gazette and
duly notified to the Committee on Anti-Dumping Practices ( Committee on Subsidies and
Countervailing Measures).
In accordance with these introductory remarks, we are submitting the following answers to
the questions received from the United States and the European Communities concerning our
notifications:
QUESTIONS FROM THE UNITED STATES
Croatia’s Notification of Laws and Regulations states that the Agreement on
Implementation of Article VI of the GA TT 1994 and the Agreement on Subsidies and
Countervailing Measures were “partially incorp orated in the national Law on Trade.”
(emphasis added).  There are numerous provisions of the AD and SCM Agreements which do
not appear to be reflected in the Law on Trade.  However, Croatia’s Notification of Laws and
Regulations also states that the Croatian Government will “issue a regulation laying down
detailed rules and determining other technical issues related to the application of anti-dumping
measures, based on the Law on Trade and in conformity with the Article VI of the GATT 1994
and the Agreement on the Implementation of Article VI.”
Q1. Are the AD and SCM Agreements self-implementing under Croatian law?  If so, are the
detailed requirements of these Agreements now en forceable under Croatian law?  If not, will
the Croatian Government address these detailed requirements in its forthcoming regulations?
Reply
No, the AD and SCM Agreements are not self-implementing neither are their detailed
requirements enforceable under the Croatian law.  Only some of the general provisions were
incorporated in the Law.  However, the Ministry of Economy is preparing the regulation laying down
detailed rules and determining other technical is sues related to the application of anti-dumping
measures and subsidies and countervailing measures.  These regulations will be in conformity withArticle VI of the GATT 1994 and the Agreement on the Implementation of Article VI and the
Agreement on Subsidies and Countervailing Measures respectively.
Q2. Please identify any provisions of the AD and SCM Agreements which the Croatian
Government has chosen not to implement and indicate whether the Croatian Government will
incorporate such provisions into the Law on Trade at a later date.
Reply
The Law on Trade contains only general provisions.  In its forthcoming regulations, Croatia
will incorporate all the detailed requirements of the AD and SCM Agreements as well as other
technical issues related to the application of anti-dumping and countervailing measures.
Q3. When does Croatia foresee publishing its regulation laying down detailed rules and
determining other technical issues, as discussed in this notification and the Report of the
Working Party on Croatia’s accession to the WTO (document WT/ACC/HRV/59)?G/ADP/Q1/HRV/3
G/SCM/Q1/HRV/3
Page 3
Reply
Croatia will adopt its regulations as discussed in the Report of the Working Party on Croatia’s
accession to the WTO (document WT/ACC/HRV/59) laying down detailed rules and determiningother technical issues concerning the AD and SCM Agreements in the beginning of 2002.  The
regulations will be published in the Official Gazette and notified to the WTO Committees on Anti-
Dumping Practices and on Subsidies and Countervailing Measures.
QUESTIONS FROM THE EUROPEAN COMMUNITIES
Q1. Articles 49 and 51 of the Law on Trade
Article 49 of the Law on Trade states:  "An application for the imposition of an anti-
dumping duty may be made by the domestic producers as a whole of the like product or the
producers whose collective output of the like product constitutes a major part of the total domesticproduction."
Article 51 of the Law on Trade states:  "An application for the imposition of a
countervailing duty must be made by the domestic producers as a whole of the like product or the
producers whose collective output of the like product constitutes a major part of the total domesticproduction."
Could Croatia please explain how it intends to comply with Article 5.4 of the WTO Anti-
Dumping Agreement and Article 11.4 of the WTO Subsidies and Countervailing Measures
Agreement in particular with the requirements of support for such an application?
Reply
In its new AD and SCM regulation which will be adopted and applied in the beginning of
2002, Croatia will comply with Article 5.4 of the WTO Anti-Dumping Agreement and Article 11.4 of
the WTO Subsidies and Countervailing Measures Agreement.
Q2. Articles 49 and 51 of the Law on Trade
Article 49 of the Law on Trade states:  "The anti-dumping duty shall remain in force only
as long as and to the extent necessary to counteract dumping which is causing injury.  The
Ministry shall review the need for the continued imposition of the duty, there warranted, on its own
initiative or provided that a reasonable period of time has elapsed since the imposition of the duty,
upon request by any interested party which submits positive information substantiating the need for
a review."
Article 51 of the Law on Trade states:  "The countervailing duty shall remain in force
only as long as and to the extent necessary to counteract subsidisation that is causing injury.  The
Ministry shall review the need for the continue d imposition of the duty, where warranted, on its
own initiative or upon request by any interested party which submits positive information
substantiating the need for a review."
Could Croatia please explain how it intends to comply with Article 11.3 of the WTO
Anti-Dumping Agreement and Article 21.4 of the WTO Subsidies and Countervailing Measures
Agreement, in particular as concerns the maximum duration of any measures?G/ADP/Q1/HRV/3
G/SCM/Q1/HRV/3
Page 4
Reply
In its new AD and SCM regulation which will be adopted and applied in the beginning of
2002, Croatia will comply with Article 11.3 of the WTO Anti-Dumping Agreement and Article 21.4of the WTO Subsidies and Countervailing Measures Agreement.
__________