WORLD TRADE  
ORGANIZATION  G/SG/N/7/HRV/1 
G/SG/N/11/HRV/1 31 July 2009 
 
(09-3727) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT 
ON SAFEGUARDS BEFORE TAKING A PROVISIONAL 
SAFEGUARD MEASURE REFERRED TO IN ARTICLE 6 
 
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2 
OF THE AGREEMENT ON SAFEGUARDS 
 
CROATIA 
 
(Semi-hard cheese and cheese substitues
) 
 
  The following communication, dated 20 July 2009, is being circulated at the request of the Delegation of Croatia.    
_______________  
 
  We enclose a notification pursuant to Article 12.4 of the Agreement on Safeguards, regarding 
the provisional safeguard measure on imports of se mi-hard cheese and cheese substitutes and pursuant 
to Article 9, Footnote 2 concerning the exclusion of developing countries.   
 
A. N
OTIFICATION MADE IN ACCORDANCE WITH ARTICLE 12.4  REGARDING THE PROVISIONAL 
SAFEGUARD MEASURE  
1. Specify the products subject to the provisional safeguard measure 
 The products concerned are gouda classified  under 04069078, ementaler classified under 
04069013, edam classified unde r 04069023 and cheese substitutes classified under 2106909250 and 
2106909850 CN codes of the Croatia's Cu stoms Taiff Regulation for 2009.   
 
2. Specify the provisional safeguard measure 
 The provisional safeguard measure is in the form of increased duties:    
 
CN Code Description Protective tariff 
04069013 Ementaler 0,55 €/kg 
04069023 Edam 0,55 €/kg 
04069078 Gouda 1,05 €/kg 
2106909250 Cheese substitutes 1,05 €/kg 
2106909850 Cheese substitutes 1,05 €/kg 
 
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  3. The introduction of the provisional safeguard measure 
 The provisional safeguard measure has entered into force on 23 June 2009.   
 
4. The expected duration of the safeguard measure 
 The expected duration of the provisional safe guard measure is two hundered days (200), 
during which the investigation will proceed further.    
5. Provide the basis for: 
(i) Making a preliminary determination, as provided  for in Article 6, that increased imports have 
caused or are threatening to cause serious injury 
 In the first four months of 2009 the overall imported volume of Gouda, Edam and Ementaler 
increased by 118.8 per cent if compared with the like period in the previous year and the total import 
volume of the cheese (2,904 t) accounted for 64.5  per cent in relation to the overall volume of 
cheese (4,500 t) produced in Croatia.   
 
 According to the data received by the cheese producers the recorded stocks of the semi-hard 
and hard cheese exceeded twofold the usual stocks (some 2,800 t) in late May.   
  Gouda is imported in Croatia at the average price amounting to 2.22 €/kg, whereas the sale price of this type of cheese, produced  in Croatia amounts to 4.25 €/kg.   
 
 The average price of the other semi-hard cheese types amounts to 2,94 €/kg on import and the sale prices of these cheese types (Edam, Emen taler) produced in Croatia range from 5.4 €/kg t 
7.9 €/kg.  (ii) Determining that there are critical circumst ances where delay would cause damage which it 
would be difficult to repair 
 The reason for introducing the pr ovisional safeguard measure is due to considerable increase 
of import of semi-hard cheese and cheese supplemen ts at the prices considerably lower from the 
manufacturers' prices in Croatia, which had adver se impact on the domestic dairy industry and milk 
producers;  correspondingly the Government of the Republic of Croatia has assessed that the current 
status threatens to cause irreparabl e injury to dairy industry.   
 
6. Offer of consultation 
 Croatia offers consultations  on the provisional safeguard measure at any time after the 
measures has been taken.   
 
7. Other information 
 The Decision on implementing the provisional safeguard measures on import of semi-hard 
cheese and cheese substitutes was published in the Of ficial Gazette No 72 of 23 June 2009.   
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 Page 3 
 
 
  B. NOTIFICATION MADE IN ACCORDANCE WITH ARTICLE 9, FOOTNOTE 2 UPON TAKING A 
DECISION NOT TO APPLY THOSE PROVISIONAL SAFEGUARD MEASURES TO CERTAIN 
PRODUCTS ORIGINATION IN DEVELOPING COUNTRIES  
1. Specify the measure 
 See the above notification under Article 12.4.   
 
2. Specify the products subject to the measures 
 See the above notification under Article 12.4.   
 
3. Developing country members to which the me asure is not applied under Article 9.1 of 
the Agreement on Safeguards, and the import  shares of these countries individually and 
collectively 
 The provisional safeguard measures shall not be applied against a product originating in a 
developing country – Member of the WTO as long as its share of imports of the products concerned 
does not exceed 3 per cent of the total imports of  the product concerned, provided that developing 
country – Member of the WTO with less than 3 per cent import share collectively account for not 
more than 9 per cent of total imports of the pro ducts concerned in the customs territory of the 
Republic of Croatia.   
 
4. If there is a change in the list of develo ping countries exempted from the safeguard 
measure pursuant to Article 9.1, please notify 
 Not applicable.   
   
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