G/SG/Q1/GBR/7  
1 October  2021 
(21-7387) Page: 1/2 
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTI CLE 12.6 OF THE AGREEMENT  OF SAFEGUARDS  
QUESTIONS POSED BY JAPAN REGARDING  THE  
NOTIFICATION OF THE UNITED KINGDOM1 
The following communication dated and received on 30 September  2021, is being circulated at the 
request of the delegation of Japan.  
 
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Annotated Draft Agenda of the regular meeting on 25 Oct 2021 of the Committee on Safeguards 
(RD/SG/53) contains as one of the agenda "1.1 Review of Notifications of New or Amended 
Legislation or Regulations not Previously Reviewed by the Committee (Including Supplemental 
Notifications of Existing Provisions not Previously Reviewed)". In that topi c, Japan has a few 
questions with respect to "1.1.3 United Kingdom". Since the Committee suggests that "Written 
questions regarding these notifications should be submitted to the notifying Member and to the 
Secretariat, no later than 4  October  2021", Japan  hereby submits its questions as set out below.  
Question 1  
Trade Remedies Regulations 2021 (G/SG/N/1/GBR/1/Suppl.11) (hereinafter, called "this 
regulation") states "The Secretary of State makes the following Regulations in exercise of the powers 
conferred by sections 51(1) and 56(1) of the Taxation (Cross -border Trade) Act 2018" at the 
beginning. What procedure was required when making this amendment in the UK?  
Is the Secretary of State authorized to solely amend this regulation on her own, while this regul ation 
includes the provisions to expand the scope of the discretion of herself, such as Article 3?  
Question 2  
Please explain the reasons why Article 3 of this regulation stipulates the Secretary of State's power 
to make a public notice only for tariff rate quotas and only with respect to steel products.  
Question 3 
Please describe the differences caused by this regulation between the process and power to impose 
tariff rate quotas on steel products and the general process and power to impose safegu ard measures 
on any other products.  
Question 4 
According to Article 3 -(2) and Article 5 of this regulation, the public notice made by the Secretary of 
State includes the following factors and he or she is authorized to "amend or withdraw" them:  
"(a) the pr oducts to which the tariff rate quota applies"; and  
"(f) the terms on which a part or the whole of a tariff rate quota is allocated or may be used".  
 
1 G/SG/N/1/GBR/1/Suppl.11.  G/SG/Q1/GBR/7  
- 2 - 
  When the Secretary of State adds the specific steel products which have not been included in the 
TRA recomm endation to the notice based on Article 3 -(2) of this regulation, what kind of process is 
expected to decide which products should be subject to the notice? Please clarify the procedure ‒ 
e.g. if the TRA recommendation  / investigation is required.  
In addit ion, when the Secretary of State adds the specific steel products which are not included in 
the TRA recommendation to the notice based on Article 3 -(2) of this regulation, is the legal effect of 
that notice going to be exactly the same as the original noti ce which has been made based on the 
TRA recommendation? That is, do those two notices have the same  legal effects in terms of matters 
such as the scope and enforcement of measures, and whether any appealing / objection process is 
required afterwards?  If the legal effects are different, where in the legislations or guidelines in the 
UK are they explained?  
Question 5 
Is it technically possible for the Secretary of State to make a notice to impose quotas on the products 
which are not included in the TRA recomm endation, or to impose quotas which are not necessarily 
consistent with the basic safeguards discipline of "to the extent necessary" under Article 5.1 of the 
Agreement on Safeguards?  
Considering the above circumstances, we wonder which authority will in what way assure the 
consistency with WTO Agreements under this regulation.  
 
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