WORLD TRADE
ORGANIZATIONG/SG/N/1/SVN/2
10 January 2001
(01-0100)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS, REGULATIONS AND ADMINISTRATIVE
PROCEDURES RELATING TO SAFEGUARD MEASURES
SLOVENIA
The following communication, dated 8 January 2001, has been received from the Permanent
Mission of Slovenia.
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Pursuant to Article 12.6 of the Agreement on Safeguards, the Republic of Slovenia hereby
notifies its legislation titled as “Decree on Safeguard Measures” adopted by the Government of
Slovenia on 7 September 2000. The Decree was published on 22 September 2000 in Official Gazette
No. 84 and has been in force since 7 October 2000.
TABLE OF CONTENTS
Page
I. GENERAL PROVISIONS.................................................................................................... 2
II. PROCEDURE FOR IMPOSING  SAFEGUARD ME ASURES ........................................ 3
III. SAFEGUARD ME ASURES ................................................................................................. 6
IV. PROTECTION OF CONFID ENTIAL INFORMATION ................................................. 9
V. FINAL PROVISION ............................................................................................................. 9G/SG/N/1/SVN/2
Page 2
On the basis of Article 3, paragraph two, points 1 and 12 of the Act Ratifying the Marrakesh
Agreement Establishing the World Trade Organization (Official Gazette of the Republic of Slovenia  –
Treaties, no. 10/95), the Government of the Republic of Slovenia hereby issues this
DECREE
ON SAFEGUARDS MEASURES
I.  GENERAL PROVISIONS
Article 1
This decree sets out the conditions and the procedure for imposing safeguard measures on the
import of products into the customs territory of the Republic of Slovenia.
Concepts and definitions
Article 2
(1) “Domestic industry”, according to this decree, means domestic producers as a whole of the
like or directly competitive product, or producers whose production represents the major proportion of
the total production of such a product in the Republic of Slovenia. The concept of domestic industrydoes not apply to producers who are commercially or otherwise connected with exporters or importers
or who are themselves importers of such a product.
(2) “Serious injury”, according to this decree, m eans significant injury to or impairment of the
domestic industry.
(3) “Import”, according to this decree, means the release of products into free circulation in the
customs territory of the Republic of Slovenia.
(4) “Threat of serious injury”, according to this decree, means serious injury which is imminent
and which is determined on the basis of objective facts.
(5) “Like product”, according to this decree, means a product which has the same physical
characteristics as the imported product under investigation.
(6) “Directly competitive product”, according to this decree, means a product which has different
physical characteristics or composition than the imported product under investigation, but which mayhave the same or like functions or the same or like market effects as the imported product, or which
fulfils the same or like needs and may be a substitute for the imported product in the market.
(7) “Interested parties”, according to this decree, are the authorities of exporting countries,
exporters, importers and domestic producers of the like or a directly competitive product and otherdomestic and foreign natural and legal persons that, during a procedure, demonstrate their direct legal
and material interest in the product concerned.G/SG/N/1/SVN/2
Page 3
(8) “Exporting country”, according to this decree, is a country from which a product originates,
and in the case of a product which is not exported to the customs territory of the Republic of Slovenia
directly from the country of origin, is the country from which the product was dispatched.
(9) “Combined nomenclature”, according to this decree, is the combined nomenclature of goods
which is a part of the customs tariff.
Application of safeguard measures
Article 3
(1) Safeguard measure shall be applied for the import of a specific product into the customs
territory of the Republic of Slovenia, if an investigation has shown that as a result of an absolute or
relative increase of import, domestic industry has been seriously injured or is under threat of serious
injury.
(2) The provisions of this decree do not apply to products that are imported on the basis of
ratified and published free trade agreements concluded by the Republic of Slovenia with other
countries or groups of countries.
(3) Safeguard measures do not apply to imports of products originating in developing countries, if
the share of imports of individual developing countries in a period has not exceeded 3 per cent of the
total imports of the product concerned, provided that the total share of all imports of the product
concerned from these countries in the same period has not been greater than 9 per cent.
(4) Safeguard measures do not apply to imports of products under quantitative restrictions in
accordance with the Agreement on Textiles and Clothing under the Marrakesh Agreement
Establishing the World Trade Organization.
II.  PROCEDURE FOR IMPOSING SAFEGUARD MEASURES
Investigation
Article 4
(1) An investigation shall determine serious injury that has been caused or the threat of serious
injury to domestic industry as a result of increased imports into the customs territory of the Republicof Slovenia.
(2) The factors which shall be evaluated in an investigation shall be, in particular:
(a) the rate and amount of increased imports of the product concerned in absolute or
relative terms and the values in terms of domestic production or consumption;
(b) the price of the imported product, especially where there has been a major reduction
in price in comparison with the price of the like or of a directly competitive domestic
product;
(c) the consequent effect on domestic industry shown in the trends of such economic
indicators as:G/SG/N/1/SVN/2
Page 4
- a change in the share on the domestic market based on increased imports;
- changes in the level of sales, production, productivity, capacity utilisation,
profits and losses and employment;
- the impact of imports on the domestic market supply and on an
increased dependence on imports;
- a reduction in prices of a like domestic or directly competitive product, or the
prevention of price rises which would normally have taken place;
- increased stocks of imported products on the domestic market,
- other factors which indicate a marked and general impairment in the position
of the domestic industry producing a like or directly competitive product and
which clearly indicate a  direct serious threat to this industry as a result of
imports of the product under investigation;
(3)  Factors from the preceding paragraph must in dicate a direct causal link between increased
imports and the effect on domestic production. On the basis of other objective evidence an
investigation may establish that there exists a causal link between increased imports of a product
concerned and serious injury or threat of such injury. If other factors exist that are affecting domesticindustry, such as technological changes or changes in consumer preference, this shall not be deemed
to be a cause of serious injury or threat of serious injury in the sense of this decree.
Proposal to initiate an investigation
Article 5
(1) A proposal to initiate an investigation (hereinafter: proposal) shall be filed at the ministry
responsible for foreign economic relations (hereinafter: ministry) by the domestic industry or on its
behalf by the relevant association or other organisation, and in the case of agricultural products, also
by the ministry responsible for agriculture and food (hereinafter: applicant).
(2) A proposal shall be filed in writing and shall contain the following data:
- a description of the product being imported in increased quantities, stating the tariff
code at the 8-digit level and its description according to the combined nomenclature;
- the name and address of importers, exporters and producers of the imported product;
- data in accordance with the second and third paragraphs of the preceding article;
- whatever other data for which domestic producers believe that it may indicate serious
injury or a direct threat of injury.
(3) In the event of a threat of serious injury th e proposal shall  also contain the evidence of the
possibility of a further increase in imports based on sales agreements, public tenders, binding offers or
on the increased export capacity of the exporting country. Account must be taken of the extent and
dynamic of the increased imports into the customs territory of the Republic of Slovenia and otherindicators showing that the increased export capacity of the exporting country  will also be reflected in
imports into the customs territory of the Republic of Slovenia.G/SG/N/1/SVN/2
Page 5
Initiation of an investigation
Article 6
(1) Within a period of fourteen days from the receipt of a proposal for the initiation of an
investigation the ministry shall examine whether the proposal was filled on behalf of the domestic
industry and whether the proposal contains all the necessary data from the preceding article.
(2) If the proposal is incomplete, the ministry immediately informs the applicant and directs it to
complete the proposal or correct it within the next fourteen days or within a period necessary for the
applicant to file new or more complete data. Otherwise, an investigation shall not be initiated.
(3) If an applicant  withdraws the proposal prior to a decision on the initiation of an investigation,
an investigation shall not be initiated.
(4) If an applicant  withdraws the proposal after the start of the investigation, the ministry shall
stop the investigation with a decision.
(5) The ministry may, on the basis of a proposal received from the domestic industry, and
notwithstanding the second paragraph of this article, take a decision to publish the proposal and
initiate an investigation, or it may postpone the decision on initiating an investigation for an indefinite
period, until it receives more complete data from an applicant.
Article 7
The decision to initiate an investigations shall be published in the Official Gazette of the
Republic of Slovenia and shall contain:
- the date of the start of the investigation;
- data on the product to which the investigation is related to;
- a summary of the information from the proposal for the initiation of an investigation;
- the exporting countries of the product to which the investigation is related to;  and
- the period within which interested parties may communicate their views, opinions and
evidence in writing and period within which they may request a verbal hearing. This
period shall not be shorter than fifteen days from the day of publication of the
decision, and not longer than thirty days.
Article 8
(1) Interested parties may, within the period prescribed by the preceding article, file explanations
and submit evidence in their favour and may communicate their opinions, including on whether the
imposition of a safeguard measure would conform to public interest.
(2) If an interested party submits untruthful or erroneous data or if the data are submitted after the
expiry of the period of the preceding article, such data shall not be considered and other accessible
data shall be used.G/SG/N/1/SVN/2
Page 6
Article 9
(1) On the basis of data gathered in the investigation and communications received from
interested parties, the ministry shall evaluate the factors from the second paragraph of Article 4 that
are objectively or quantitatively definable and which are affecting the position of the domesticindustry, and shall prepare a report containing findings in connection with all the issues relating to the
actual situation and assess whether a safeguard measure is justified or not.
(2) The report prescribed in the preceding paragraph, and the proposal that a safeguard measure
for the product under investigation should or should not be imposed, shall be submitted by the
ministry to the Government of the Republic of Slovenia (hereinafter: the government).
Article 10
(1) If the government adopts a decision on the imposition of a safeguard measure, such a decision
shall be published in the Official Gazette of the Republic of Slovenia  along with the essential elements
of the report indicating the basis for the decision, and in particular with data on:
- the product covered by the investigation;
- the finding whether increased imports caused serious injury or threatened to cause
serious injury to domestic industry;
- the type of safeguard measure and its level (in the case of an increase in the customs
duty rate) or the extent and manner of allocating a quota (in the case of a quantitative
restriction);
- the duration of the safeguard measure, as well as the manner of progressive
liberalisation of the measure during the period of its application.
(2) A safeguard measure shall not be applied for products which are already en route to the
customs territory of the Republic of Slovenia, on the condition that the final destination of these
products can no longer be changed.
(3) If the government does not adopt a decision on the imposition of a safeguard measure, because
it is evident from the report that the import of the product under investigation into the customs
territory of the Republic of Slovenia is not the cause of serious injury to the domestic industry and
neither does it pose a threat of such injury, the mini stry shall adopt a decision to stop the investigation,
and shall publish it in the Official Gazette of the Republic of Slovenia .
III.  SAFEGUARD MEASURES
Article 11
(1) A safeguard measure shall be adopted in the form  of an increase in the customs duty rate for a
specific product or in the form of quantitative restrictions on imports (hereinafter: a quota). According
to this decree the customs duty rate is the highest allowed rate under the General Agreement on Tariffs
and Trade.
(2) A safeguard measure shall be applied in a manner and in an extent that is essential for the
prevention or removal of serious injury to the domestic industry and such that it facilitates an
appropriate adjustment of the domestic industry to new market conditions.G/SG/N/1/SVN/2
Page 7
(3) If  a safeguard measure has been adopted in the form of a quota, this may not be set under the
average level of imports in the last three representative years for which statistics are available, unless
clear justification is given that a different level is necessary to prevent or remedy serious injury.
(4) Within the quota prescribed by the preceding paragraph, the ministry shall determine the
shares of exporting countries that have a substantial interest in supplying the product concerned. In
this, account shall be taken of the volume of supplies in the previous representative period. In the case
of exporting countries whose volume of supplies in the previous representative period has been
relatively small in relation to the total amount of imports of a particular product, a share may be
determined that is appropriate to the volume of imports in the previous year.
Duration of safeguard measures
Article 12
(1) The duration of a safeguard measure shall be set only for such a period of time that is
necessary to remedy the serious injury or for such time that it is necessary for the domestic industry to
adjust. This period of time shall not exceed four years from the day that the safeguard measure was
imposed.
(2) If the period of application of a safeguard measure exceeds three years, the ministry shall
review the need for its continued application no later than in the middle of the period of application of
such a measure.
(3) If, on the basis of data gathered, the ministry finds that there are no reasons for the continued
application of a safeguard measure, it shall propose to the government to abolish such a measure.
Extending the application of safeguard measures
Article 13
(1) A safeguard measure may, for well-founded reasons, based on a proposal by the domestic
industry, be extended for a further period of four years.
(2) A proposal for extending the application of a safeguard measure shall not be filed earlier than
3 months after the imposition of the safeguard measure, and no later than 6 months prior to the date of
termination of such a measure.
(3) An extension is possible if the ministry conducts a new investigation in accordance with
Article 5 of this decree and determines that the safeguard measure is still justified in order to prevent
or remedy serious injury and that there is evidence that the threatened domestic industry is adjusting
appropriately. Such an investigation may conclude with a proposal that the government adopts adecision to extend, amend or abolish the safeguard measure.
(4) Measure which is extended in accordance with the first paragraph of this article shall not be
more restrictive than it was at the end of the initial period.
(5) If the duration of the measure exceeds one year or in the case of an extension of the measure
in accordance with the provisions of this article, the measure shall be progressively liberalized during
the period of its application.G/SG/N/1/SVN/2
Page 8
Renewed imposition of safeguard measures
Article 14
(1) After the termination of a safeguard measure it shall not be possible to impose the same or
other safeguard measures for the same product, for a period of time equal to that during which such a
measure had been previously applied, provided that th e period of non-application is at least two years.
(2) Notwithstanding the provision of the previous paragraph, a safeguard measure may be applied
again for a duration of 180 days or less, if at least 1 year has elapsed since the day of imposition of the
safeguard measure on the import of a product and if the safeguard measure has not been applied on thesame product more than twice in a five-year period which ended prior to the day the measure was
imposed.
Provisional safeguard measures
Article 15
(1) A proposal for the imposition of a provisional safeguard measure shall be filed  by an
applicant from the first paragraph of Article 5 at the ministry. The proposal shall contain data onincreased imports and their negative effects on the domestic industry.
(2) If on the basis of data and evidence received the ministry determines that increased imports
are causing or threaten to cause serious injury, and delaying the imposition of safeguard measure
would cause serious injury to domestic industry that wo uld be difficult to repair, it shall propose to the
government the adoption of a decision imposing a provisional safeguard measure.
(3) A provisional safeguard measure shall be adopted in the form of increases of the applied
customs duty rates.
(4) A provisional safeguard measure shall have a period of validity of a maximum of 200 days.
The duration of a provisional safeguard measure shall count as part of the initial period of thedefinitive safeguard measure or its extension.
(5) A provisional safeguard measure may not be extended.
Article 16
(1) A decision in the second paragraph of the preceding article shall be published in the Official
Gazette of the Republic of Slovenia and shall contain:
- a description of the product for which provisional safeguard measure is being
imposed;
- the duration of the safeguard measure;
- the manner and conditions of application of the provisional safeguard measure.
(2) A provisional safeguard measure shall not apply to products which are already en route to the
customs territory of the Republic of Slovenia, on the condition that the final destination of these
products can no longer be changed.G/SG/N/1/SVN/2
Page 9
Article 17
(1) If in a later investigation conducted in accordance with Article 5 of this degree it is found that
there is no serious injury or threat of serious injury to the domestic industry, the government shall onthe proposal of the ministry adopt a decision to terminate the validity of the provisional safeguard
measure.
(2) In the case of the preceding paragraph, additional customs duty that has been paid and
calculated on the basis of the provisional measure shall be refunded. The person eligible shall enclose,
with a written request to the proper customs authority, the original proof of payment of customs duty
and the document on the basis of which the products were dutiable.
(3) The additional customs duty paid shall ex officio be reconciled with the due current debt owed
by the eligible person resulting from import duties. If the eligible person has no such debt, the customs
authority shall refund additional customs duty paid within a period of 30 days from the day of issuing
of the decision on refund.
(4) No interest shall be calculated for the customs duty that was additionally paid and is
refundable.
IV.  PROTECTION OF CONFIDENTIAL INFORMATION
Article 18
(1) Information acquired by the ministry in implementing this decree shall be used only for the
needs of investigations for the imposition of safeguard measures  according to this decree.
(2) Each interested party may request access to a ll information submitted to the ministry, with the
exception of information which was provided on a confidential basis and which the ministry is treating
as such for well-founded reasons. Such information shall not be disclosed without the written
permission of the party that submitted it.
(3) Each interested party may for, well-founded reasons, designate as confidential the information
which they provided to the ministry in the course  of an investigation. For such information, the
interested party may request that the ministry does not disclose it, although summaries of such
information for public use may be requested.
V.  FINAL PROVISION
Article 19
This decree shall enter into force on the fifteenth day after its publication in the Official
Gazette of the Republic of Slovenia .
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