G/SG/Q2/ UKR/6 
7 September  2020 
(20-6039) Page: 1/2 
Committee on Safeguards  Original:  Spanish  
 
  
NOTIFICATION UNDER ARTICLE  12.1(B) OF THE AGREEMENT  ON 
SAFEGUARDS ON FINDING A SERIOUS INJURY OR THREAT  
THEREOF CAUSED BY INCREASED IMPORTS  
NOTIFICATION OF A PROPOSAL TO IMPOSE A MEASURE  
NOTIFICATION PURSUANT TO ARTICLE  9, FOOTNOTE  2 
OF THE AGREEMENT ON SAFEGUARDS  
QUESTIONS POSED BY ECUADOR REGARDING  
THE NOTIFICATION OF UKRAINE1 
Fresh roses of a kind suitable for bouquets or for ornamental purposes  
The following communication, dated 4 September  2020, is being circulated at the request of the 
delegation of Ecuador.  
_______________  
Ecuador thanks Ukraine for its notification regarding the initiation of a  safeguard s investigatory 
process on import s of fresh roses of a kind suitable for bouquets or for ornamental purposes, liste d 
under heading 0603 11 00, and poses the following questions:  
Question 1  
On 12 June 2020, notification G/SG/N/6/UKR/18 announced that Ukraine had initiated a  safeguard  
investigation on imports of fresh cut roses . However, Ukraine initiated that investigation on 
28 May 2020, in accordance with  the Decision of the Interdepartmental Commission for International 
Trade  No. SP-449/2020/4411 -03, i.e. 15 days before the Committee on Safeguards was notified . 
Could Ukraine therefore clarify why it did not  make  the notification "immediately" upon initiating the 
investigatory process, as stipulated in Article 12.1(a) of the WTO Agreement on Safeguards?  
Question 2  
Can Ukraine confirm whether the figures provided by domestic industry representatives were 
corroborated by data from public institutions such as customs, the central bank or a statistics 
agency . If so, please provide official data on the various parameters analysed.  
Question 3  
Could Ukraine indicate whether, when analysing s imilarities between imported and domestically 
produced goods, it also analysed product quality, seasonal variation in production and end uses?  
 
1 G/SG/N/6/UKR/18, 12 June 20 12. G/SG/Q2/ UKR/6 
- 2 - 
  Question 4  
According to notification G/SG/N/6/UKR/18 of 1 2 June 2020, the investigation was initiated pursuant 
to the petition of the domestic industry, in particular by LLC "Ascania Flora" . In other words, the 
petition was from a single party, therefore the investigating authority for trade remedies should have 
reviewed the representativeness of the domestic industr y. Could Ukraine therefore specify which 
part of the report supports the initiation of the investigation or whether it analysed the 
representativeness of the domestic industry ? In other words, does the petition represent the 
producers as a whole of the lik e or directly competitive products operating within the territory of a 
Member, or those whose collective output of the like or directly competitive products constitutes a 
major proportion of the total domestic production of those products, as per Article 4 .1(c) of the 
WTO Agreement on Safeguards?  
Question 5  
Could Ukraine advise whether it will analyse the position of the industry in the years prior to the 
investigation period, since the request for this investigation may be an attempt to compensate for 
losses related to the Covid -19 global pandemic . In other words, based on Article 5.2(b) of the 
WTO Agreement on Safeguards, will Ukraine review whether factors other than increased imports 
exist?  
Question 6  
Could Ukraine specify whether it h as complied with the requirement to notify the Government of 
Ecuador (the exporting country) that it has initiated the investigation in accordance with the 
Ukrainian Law on Safeguards, based on WTO provisions ? If it has, please specify the document 
number,  initiation date and notification date.  
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