. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/JOR/6
18 May 2001
(01-2546)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Replies to Questions Posed by the EUROPEAN COMMUNITIES1
Regarding the Notification of JORDAN2
The following communication, dated 15 May 2001, has been received from the Permanent
Mission of Jordan.
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Q1. Article 4 of the "Regulation on Safeguar d of National Production for the year 2000"
states that if no data particular to the production of the domestic like or directly competitive
product is available, "the effect of increased imports shall be assessed on the basis of datarelevant to the narrowest group or range of products, which shall include the domestic product
for which information can be available."
Can Jordan please clarify the meaning of this provision, in particular in the light of the
provisions of Article 4.1(c) and 4.2(a) of the Agreement on Safeguards which require the
evaluation of all relevant factors having a bearing on the situation of that industry, being
defined as the producers of the like or directly competitive product only?
Reply
Being derived from the letter and spirit of the WTO Agreements, Provision 4 of the
Regulation sets out a facilitating mechanism for th e investigating authority at a certain safeguards
investigatory stage.  At this stage, the invest igating authority is allowed to obtain indicatory
information from other products belonging to the same category of the subject product when
examining the effect of the increase of the subject product on domestic producers.  This will only be
resorted to where information on relevant factors relating to the like or directly competitive product is
not feasible at that stage of the investigation.  However, Jordan emphasizes that final determinationsshall only be based on assessment of relevant factors relating to the like or directly competitive
product as required in Articles 4.1(c) and 4.2(a) of the Agreement on Safeguards.
Q2. Can Jordan please confirm that it would, in  an investigation, base its findings on an
assessment of relevant factors relating to the like or directly competitive product only, and noton aggregate information which includes information on products not subject to the
investigation?
                                                     
1 G/SG/Q1/JOR/2
2 G/SG/N/1/JOR/1G/SG/Q1/JOR/6
Page 2
Reply
Acting in accordance with Article 3 of the Regulation, Jordan shall comprehensively base its
final determinations in a safeguard investigation on assessment of relevant factors relating to the like
or directly competitive product.
Q3. Article 31 of the "Regulation on Safeguard of National Production for the year 2000"
states that "immediately upon taking a decision regarding implementation of provisional
measures, the Ministry shall notify the Committee."
Can Jordan please confirm that the notification of provisional measures to the WTO
Committee on Safeguards would take place befo re taking a provisional measure in accordance
with Article 12.4 of the Agreement on Safeguards?
Reply
Jordan shall notify provisional safeguard measures to the WTO Committee on Safeguards
prior to applying them.  Such obligation is clearly required in the conjunct reading of Articles 22 and
31 of the Regulation.
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