G/L/1029  
G/SG/118  
 
12 June 2013  
(13-3055)  Page: 1/2  
Council for Trade in Goods 
Committee on Safeguards  Original: English  
 
 NOTIFICATION FROM JAPAN TO THE COUNCIL FOR TRADE IN GOODS 
AND THE COMMITTEE ON SAFEGUARDS 
UKRAINE  
(Motor cars) 
The following communication, dated 11 June 2013, is being circulated at the request of the 
Delegation of Japan.  
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 With reference to the notifications (G/SG/N/8/UKR/3-G/SG/N/10/UKR/3-G/SG/N/11/UKR/1) 
submitted by Ukraine, the request for consultations under Article 12.3 of the WTO Agreement on 
Safeguards ("the Safeguards Agreement") from Japan (G/SG/108), and the subsequent reply to this request from Ukraine (G/SG/108/Suppl.1 and its corrigendum), Japan hereby notifies the 
state of play of its request for the consultations and its position on this issue to the Council for 
Trade in Goods ("the Goods Council") and the Committee on Safeguards ("the Safeguards Committee").  
Japan recalls that, according to Article 12.3 of th e Safeguards Agreement, a Member "proposing to 
apply" a safeguard measure "shall provide adequate  opportunity for prior consultations" with those 
Members affected by the "proposed" measure. Article 12.3 further states that Article 12.3 
consultations shall be provided "with a view to reviewing the information" provided under 
Article 12.2 of the Safeguards Agreement, which obligates the Member "proposing" to apply a measure to provide all pertinent information in making the WTO notifications under Article 12.1(b) 
and 12.1(c). 
 We hereby notify the Goods Council and the Safeguards Committee that no consultations were held between Japan and Ukraine in a manner to fulfil  the conditions set forth in Article 12.3 of the 
Safeguards Agreement before Ukraine started to impose additional duties on motor cars on 
13 April 2013.   
I. RELEVANT FACTS 
1. Upon receiving the notification by Ukraine under Article 12.1(b) and (c), circulated on 
25 March 2013, Japan requested, on 3 April 2013, Ukraine to hold consultations pursuant to 
Article 12.3 of the Safeguards Agreement. Japan's request was circulated as a WTO document, 
G/SG/108. No response, however, was made by Ukraine before it started to impose additional duties on motor cars on 13 April 2013.   
2. Ukraine's response was only received on 16 April, as the WTO document, 
G/SG/108/Suppl.1, after its imposition of additi onal duties on motor cars. In that document, 
Ukraine suggested to hold consultations "at the Ministry's premise in Kiev/Ukraine during 
April 2013."  
 3. On 20 April 2013, Japan requested in a letter to the Ukraine that the consultations be held in 
Geneva. Subsequently, on 23 April 2013, at the regular meeting of the Safeguards Committee, G/L/1029 • G/SG/118 
 
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  Japan reiterated its request to hold Article 12.3 consultations in Geneva jointly with other 
requesting Members.   4. Ukraine responded to Japan's aforementioned letter by a note verbale dated 4 June 2013. 
Therein, Ukraine reiterated its suggestion to hold co nsultations in Kiev without specifying the date.  
 5. No consultations required under Article 12.3 have been held by Ukraine to date.  
 
II. JAPAN'S POSITION ON UKRAINE'S IMPOSITION OF ADDITIONAL DUTIES ON 
MOTOR CARS 
1. Ukraine started to impose additional duties  on motor cars without meeting the stringent 
requirements set forth in the Safeguards Agreemen t. In Ukraine's note verbale dated 4 June 2013, 
Ukraine asserts that it "has provided the adequate opportunity for prior consultations with Japan as stated in Article 12.3 of the [Safeguards] Agre ement". Japan disagrees with this. In spite of our 
repeated requests to hold Article 12.3 consultations, there have been no consultations within the 
meaning of Article 12.3 of the Safeguards Agreements to date. Japan does not understand that Ukraine has provided "adequate opportunity for prior consultations" with Japan. 
 
2. If Ukraine wishes to take a safeguard meas ure on motor cars, it must provide adequate 
opportunity for "prior" consultations with Japan, which has a substantial interest as an exporter of motor cars to Ukraine. Without providing such an opportunity, Ukraine started to impose additional 
duties on motor cars on 13 April, acting as if that imposition of additional duties were a safeguard 
measure under the Safeguards Agreement. This unilateral imposition of additional duties is clearly inconsistent with the relevant WTO agreements. Japan reiterates its request to Ukraine that it 
immediately terminate this unjustifiable imposition of additional duties. In  the event of Ukraine's 
failure to do so, Japan will consider taking necessary steps under the WTO agreements.  
 
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