RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/JOR/5
3 May 2001
(01-2266)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Replies to Questions Posed by EGYPT1
Regarding the Notification of JORDAN2
The following communication, dated 30 April 2001, has been received from the Permanent
Mission of Jordan.
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Q1. In Article 2 of the Jordanian regulation, why does the definition of the domestic industry
differ from the definition in Article 4.1(c) of the Agreement on Safeguards?
Reply
Article 2 of the Jordanian Safeguard Regulation contains the essential elements of the
definition in Article 4.1(c) of the Agreement on Safeguards.  Overall, the Regulation contains in its
Articles all elements required by Article 4.1(c) of the Agreement.
Q2. In Article 4 of the Jordanian regulation, how could the effect of the increase in imports
be assessed on the basis of data relevant to the narrowest group?
What is the legal basis used by the co mpetent authority in introducing such a
methodology?  Could the Jordanian authority ex plain how such methodology is consistent with
the provisions of the Agreement on Safeguards?
Reply
As the Agreement on Safeguards is silent on regulating such methodology, and in light of the
fact that the provision has been derived from the letter and spirit of the WTO Agreements, theJordanian investigating authority shall rely on Arti cle 4 of the Regulation.  For example, to verify
trends in the effects on the domestic industry alleged in the safeguards petition, the authority could
refer to statistics of the General Statistics Department for the narrowest group or range of products
which includes the domestic products.
Q3. In Article 11(a) of the Jordanian regulation, would the Jordanian authority explain
what is the legal basis of using the 25 per cent, and how does Jordan plan to implement the
provisions of Article 4.1(c) of the Agreement on Safeguards?
                                                     
1 G/SG/Q1/JOR/1
2 G/SG/N/1/JOR/1G/SG/Q1/JOR/5
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Reply
The legitimacy of using the percentage of 25 per cent is determined on the basis of
Article 11(a) of the Regulation which provides that "The Minister shall issue the decision to initiatethe investigation upon the recommendation of the Competent Authority if the following conditions are
fulfilled:  (a) The total production of the domestic producers supporting the application do not account
for less than 25 per cent of total production of the product".  In other words, those 25 per cent
represent the threshold requirement for submitting an application for the initiation of an investigation.
As regards the second part of the question, Jordan emphasizes that the Jordanian Regulation is
entirely based on the Agreement on Safeguards, and therefore committed to implement requirementsof Article 4.1(c) through means of law and administrative practice, in considering that serious injury
or the threat thereof to a domestic industry shall only be determined, as well as other factors, where
the domestic industry concerned represents either the producers as a whole of the like or directly
competitive products operating within Jordan, or those whose collective output of the like or directly
competitive products constitutes a major proportion of the total domestic production of thoseproducts.
Q4. Article 12(c) of the Jordanian regulation, states, inter alia , "that a public notice should
be made on the expense of the petitioner, in tw o daily local newspapers", in this regard would
the Jordanian authority explain how such a pr ovision is consistent with the Agreement on
Safeguards?  As a common practice, a public notice used to be published in the official journal
of the Member in order to inform all interested parties of the decisions that have been made by
the Authorities.  By publishing such a notice in daily newspapers, there is no guarantee that all
interested parties are informed.  Therefore Egyp t requests the Jordanian authority to provide
detailed explanation about this matter.
Reply
Article 12(c) of the regulation is consistent with the Agreement on Safeguards and
particularly Article 3.1 of the Agreement which stipulates that the investigation "… shall include
reasonable notice to all interested parties".  Such stipulation is totally reflected by Article 12(c) of the
Regulation.  The Agreement, however, does not specify the manner in which the public notice shouldbe published and was left to the Members to determine according to their common practice methods
in notifying public notices.  Hence, notwithstanding that the public notice will be published in the
Official Gazette, it is the common practice of Jordan, that the daily newspapers are the widest and
fastest channel on which individuals, companies, and foreign entities are duly best informed on any
governmental decisions.
Q5. Article 13(c) of the Jordanian regulation provides that "when necessary and under the
competent authority's supervision, the opportunity will be provided for the parties interested
with the investigation to meet ... etc."  Woul d the Jordanian authority explain the meaning of
the term "when necessary", and how it is consistent with the provisions of Article 3.1 of theAgreement on Safeguards?
Reply
The term "when necessary" provided by Article 13(c) of the Regulation works in tune with
Article 3.1 of the Agreement which provides that the investigating authority shall hold "… public
hearings or other appropriate means in which importers, exporters and other interested parties could
present evidence and their views …".  The term "whe n necessary" is intended to facilitate the process
of engaging in any meetings that are deemed nece ssary to gather the best amount of information andG/SG/Q1/JOR/5
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to have accurate discussions before the competen t authorities, thus insuring the objectivity and
transparency of the investigation;  for example,  if the investigation was terminated prior to a
preliminary determination, based on written submissions.
Q6. Under Article 20 of the Jordanian regulation, and in determining whether grounds exist
for applying a provisional measure, will the requirements of Article 6 of the WTO Agreement
on Safeguards be considered in case of applicatio n of such measures?  If it were the case, would
the Jordanian authority explain how?
Reply
Yes, the Jordanian Authority is committed to fulfil its obligations under Article 6 of the
Agreement on Safeguards and shall implement the requirements of such Article through means of law
and administrative practice (Articles 20, 38 and 39 of the Jordanian Safeguards Regulation).
Accordingly, the Jordanian Authority, subject to a Preliminary Determination resulting from clear
evidence collected by the Ministry, shall apply a provisional measure for a period not more than
200 days in the form of tariff increase subject to prompt refund.  Should the investigation result in a
non-determination that the increase of imports has not caused or threatened to cause serious injury to
the Jordanian domestic industry, provided that such provisional measure shall only be applied in
critical circumstances where delay would cause damage which would be difficult to repair.
Q7. In Article 2 of the Jordanian regulation, reference is made to the definitions of both
interested parties and participating parties, but why is the term "interested" used in some
places and not in others, and the same for the term "participating"?  Does it have a distinct
meaning?  (We would like to refer here to Articles 13(c), 16 and 17(c) of the Jordanian
regulation for example).
Reply
The Jordanian Regulation differentiates between the terms "interested parties" and
"participating parties".  The term "interested parties" according to Article 2 of the Regulation means
that parties that are directly involved in a safeguard investigation such as the applicants, exporters,
foreign producers, importers of the product under investigation, trade or business associations, the
majority of whose members are importers, exporters or producers of that product, governments ofexporting countries, producers of the products under investigation in Jordan or trade, or business
associations, the majority of whose members are producers of the product under investigation in
Jordan.  While the term "participating parties" are those "interested parties" who have signified their
interest and willingness to take part in the investigation by, for example, replying to questionnaires on
filing Notice of Appearance.
Q8. How does Jordan plan to implement the provisions and the requirements of
Article 4.2(c), 5.1, 8 and 10 of the WTO Agreement on Safeguards, as there are no references to
the requirements of the sale articles in its regulation.
Reply
Jordan subscribes fully to the obligations of Articles 4.2(c), 5.1, 8 and 10 of the Agreement
and shall implement the requirements as imposed by these Articles through means of law and
administrative practice (Articles 20, 32, 38 and 39 of the Jordan Safeguards Regulation).
Q9. What are the circumstances under which the Ministry may decide self-initiation
regarding the increase in imports as provided in Article 35 of the Jordanian  Regulation?G/SG/Q1/JOR/5
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Reply
The Jordanian Authorities may decide self-initiation of a safeguard investigation if the
Ministry is in possession of the same information as would be required from a petitioner in thecircumstance that the increase of imports of a subject good either absolute or relative to domestic
production has caused or is threatening to cause serious injury to the Jordanian domestic industry of
the like or directly competitive product.
Q10. Would the Jordanian authority explain how the provisions of Article 37 of the
Jordanian Regulation are consistent with the WTO Agreement on Safeguards?
Reply
The Agreement on Safeguards is silent on this question.  The nominal fees are intended to
discourage frivolous applications while offsetting some of the costs associated with the process.
Article 37 of the Jordanian Regulation provides a systematic administrative procedure which theAgreement on Safeguards does not regulate.
Q11. Which factors will Jordan consider in de termining whether a safeguard measure should
be extended beyond the initial period?
Reply
Relying on Articles 27, 28, 29 and 30 of the Jordanian Safeguards Regulation and in
conformity with Article 7.2 of the Agreement on Safeguards, Jordan shall determine to extend a
safeguard measure only where the continuation of such measure is necessary to prevent or remedyserious injury provided that such extension shall be supported by evidence.
Q12. Does Jordan maintain Judicial, Arbitral or Administrative Courts to review the
administrative actions relating to the final determination?  If yes, how does it work?
Reply
Yes, Jordan does maintain judicial reviews on administrative actions relating to final
determinations.  The competent judiciary authority over such administrative actions is the High Court
of Justice.  Article 9.1 of the High Court of Justice Law for the year 1992 states that:  "The court has
jurisdiction over the following matters appealed by interested parties:  9.  cases presented by
individuals and entities on the cancellation of final administrative determinations".
Under the High Court law, any person who has an  interest protected by the law and stands to
gain from an action has the right to assert an action against final administrative determinations.
Parties are required to be represented by a registered lawyer who has not less than five years
of legal practice.  Rulings of the High Court of Justice are final and not appealable.
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