G/SG/W/229  
 
29 July 2013  
(13-4034)  Page: 1/2  
Committee on Safeguards  Original: English  
 
 STATEMENT BY JAPAN AT THE MEETING OF THE SAFEGUARD COMMITTEE 
HELD ON 23 APRIL 2013 
 
 
The following statement, made by the delegati on of Japan at the regular meeting held on 
23 April 2013 under agenda item (xxviii) "Ukraine – Motor Cars", is being circulated at this 
delegation's request. 
 
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 On 14 March 2013, the Government of Ukraine announced its decision to apply 
safeguard measure on motor cars after 30 days of the announcement. The investigation on which 
the decision based was initiated in 2 July 2011, notified to the WTO in 13 July 20111 and closed 
more than a year ago. The finding of serious inju ry or threat thereof caused by increased imports 
and the decision to apply a measure were notified to the WTO Safeguard Committee in 
21 March 2013.2 
 Since after Ukraine’s initiation of this safeguard investigation, Japan has repeatedly 
expressed its serious concerns in the relevant WTO committees as well as in bilateral opportunities that both procedural and substantive requirements under the WTO agreements seem not be 
respected in this case. Our concerns with regard to the substantive part of this investigation and 
findings were explained by the EU in detail and I don’t repeat here. Japan regrets to learn Ukraine’s decision to apply the measure in spite of these concerns expressed. 
 It is stipulated in Article 12 of the Safeguard Agreement that a member proposing to apply a 
safeguard measure shall provide adequate opportunities for prior consultations with those Members having a substantial interest as exporters of the product concerned. Japan requested 
Ukraine to hold Article 12.3 consultations in 3 April 2013. Our request is circulated as a 
WTO document, G/SG/108. 
 Ukraine, however, did not respond before the expected date of entry into force for the 
proposed measure, which is 30 days after the announcement in 14 March 2013. Ukraine’s 
response was circulated as the WTO document, G/SG/108/Suppl.1, in 17 April 2013. In that 
document, Ukraine suggests to hold consultations “at the Ministry’s premises in Kiev/Ukraine during April 2013”.  
 Considering that there are several Members requesting the Article 12.3 consultations, the 
EU, Russia and Turkey in addition to Japan, Japan thinks it appropriate that the consultations take 
a form of joint consultations. We also think it conducive to hold consultations in Geneva, rather 
than in Kiev. We’ve already conveyed our suggestions to Ukraine by sending a letter dated 
20 April 2013 in this regard. Japan urges Ukraine to respond to our letter as soon as possible. 
 Taking this opportunity, Japan would like to request Ukraine to provide all pertinent 
information required under Article 12.2 as well as pertinent issues of fact and law required under 
Article 3.1 and 4.2(c) of the Safeguard Agreement of this case. Ukraine has disclosed only limited 
information, such as the public notice of 14 March 2013, to date. 
                                               
1 G/SG/N/6/UKR/9. 
2 G/SG/N/8/UKR/3-G/SG/N/10/UKR/3-G/SG/N/11/UKR/1. G/SG/W/229 
 
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   Japan reiterates its regrets to Ukraine’s protectionist way to proceed this case disregarding 
other Members’ concerns. Japan continues to urge Ukraine to reconsider and withdraw this unjustifiable measure immediately. 
 
 
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