WORLD TRADE  
ORGANIZATION  G/SG/N/1/MKD/1/Suppl.1 
28 June 2005 
 (05-2765) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 12.6 OF THE AGREEMENT 
 
FORMER YUGOSLAV REPUBLIC OF MACEDONIA 
 
Supplement
 
  
 The following communication, dated 8 June 2005, is being circulated at the request of the 
Delegation of the Former Y ugoslav Republic of Macedonia. 
 
_______________ 
 
  With reference to Article 12.6 of the Agre ement on Safeguards, the Government of the 
Republic of Macedonia submits the Decision on Pr ocedure and Method of Determining Safeguard 
Measures against Increased Imports relevant to the Agreement.  The Decision was published in the 
Official Gazette No. 28/2005 and entered into force as of 29 May 2005.  An unofficial translation of 
the Decision in enclosed.  G/SG/N/1/MKD/1/Suppl.1 
Page 2  
 
  Pursuant to Article 37 paragraph 8 of th e Law on Trade (Official Gazette 16/2004) and 
Article 36 paragraph 3 of the Law on the Government  of the Republic of Macedonia (Official Gazette 
59/2000 and 12/2003), the Government of the Republ ic of Macedonia on its session held on 25 April 
2005 has adopted  
Decision on Procedure and Method of Determining 
Safeguard Measures against Increased Imports 
 
 
I. GENERAL PROVISION 
Article 1 
 
 
 The Decision sets up the procedure and th e method of determining safeguard measures 
against increased imports. 
 
Serious Injury 
 
Article 2 
 
 
 The determination whether increased imports of  the investigated product have caused or are 
threatening to cause serious injury to a domestic i ndustry, shall evaluate all relevant factors of an 
objective and quantifiable nature, having a bearing on the situation of that industry, in particular of: 
 
(a) the rate and the amount of the increase in imports of the investigated product in 
absolute and relative terms to domestic production or consumption of a like or 
directly competitive product; 
(b) the price of imported product, in particular where there has been a significant price 
undercutting as compared on domestic li ke or directly competitive products; 
(c) the consequent impact on the domestic industry as indicated by trends in certain 
economic factors such as: 
- the share of the domestic market taken by increased imports; 
- depression of the prices or prevention of price increases which would 
normally have occurred; and 
- changes in the level of sales, production,  capacity utilization, stocks, profits 
and losses and employment. 
Threat of Serious Injury 
 
Article 3 
 
 
 The determination of a threat of a serious in jury caused by increased imports shall be based 
on facts and not merely on allegation or probability. 
  G/SG/N/1/MKD/1/Suppl.1 
 Page 3 
 
 
  In considering whether increased imports th reaten to cause serious injury to domestic 
industry, in addition to the factors cited in Article  2 of this Decision, the following should be taken 
into consideration:  
(a) the actual and potential export capacity of the country of export or origin; 
(b) inventories in the Republic of Macedonia or countries of exportation; and 
(c) the probability that exports of the inves tigated product will enter into Macedonian 
market in increased quantities. 
 
II. INVESTIGATION 
Initiation of Procedure 
 
Article 4 
 
  An investigation procedure may be initiate d upon request for the imposition of a safeguard 
measure (hereinafter: request) by or on behalf of  a domestic industry or on the initiative of the 
Commission on Protective Measures against Increased and Subsidized Imports (hereinafter: the Commission).   The request shall be addressed to the Commission in a written form. 
 
 
Requirements for a Request 
 
Article 5 
 
 
 The request should contain:  
(a) Description of the imported product, identifi cation of its tariff classification (8 or 10 
digits) and description in accordance with Custom Tariff Regulation; 
(b) The names and addresses of the producer , exporter and importer of the imported 
product; 
(c) The data included in Article 2 of this Decision. 
 With respect to threat of serious injury, th e request, in addition to the evidences cited in 
paragraph 1 of this Article, should contain the ev idences pursuant to Article 3 of this Decision. 
 
Withdrawal of the Request 
 
Article 6 
 
 Any request under Article 4 of this Decision, may be withdrawn prior to initiation and during 
the procedure, in which the Commission shall stop the investigation procedure. 
  G/SG/N/1/MKD/1/Suppl.1 
Page 4  
 
 Initiation of Investigation 
 
Article 7 
 
 Where a request has been received, the Commission shall, within 15 days of the date of 
receipt, examine whether it is in accordance with Ar ticle 5 of this Decision.  When the request 
involves complex issues, that require additional info rmation, this period may be extended to 30 days. 
  If the request is not completed, the Commission shall require, within 15 days from the date of 
receipt, additional information or corrections by the applicant. 
  
 Where it is apparent to the Commission that th ere is sufficient evidence for serious injury and 
threat of serious injury, the Commission sh all decide to initiate an investigation. 
  The notice of paragraph 3 of this Article sha ll be published in the “Official Gazette of the 
Republic of Macedonia”. 
 
Article 8 
 
Contents of the Notice   
 
 The notice referred to in paragraph 7 of this Decision shall include the following information: 
 
(a) the date of the initiation of investigation; 
(b) description of the imported product under investigation; 
(c) the exporting countries of the product under investigation; 
(d) a summary of the information on which the allegations of increased imports and 
serious injury or threat thereof  are based; 
(e) the period within which interested party may make known their views in writing and 
submit information; the period within which interested parties may apply to be heard 
orally by the Commission in accordance with Article 12 of this Decision. 
 
Deadlines 
 
Article 9 
 
 The deadlines, referred to in paragraph (e) of  Article 8 of this Decision, established by the 
Commission, shall provide sufficient opportunities fo r interested parties to make their views known 
and submit evidences on the matters concer ning imposition of safeguard measures. 
  If interested parties submit incorrect informa tion or, if the submissions are made after the 
deadlines referred to in paragraph (e) of Article (8) of this Decision, such submissions shall not be 
taken into consideration, and only the available evidences shall be used. 
 
     G/SG/N/1/MKD/1/Suppl.1 
 Page 5 
 
 
 The Commission Powers 
 
Article 10 
 
 The Commission may request directly from the pa rticipating interested parties, the Customs 
Administration, the inspection authorities, forwarde rs, and other entities such data and information as 
it considers relevant to the performance of the investigation.   The bodies referred to in paragraph 1 of this  Article, shall provide requested information 
within the time-limits allowed by the Commission. 
 
Arguments 
 
Article 11 
  All interested parties which have come forward may communicate their views on the 
information in question to the Commission.  Those views may be taken into consideration where they 
are backed by sufficient evidence.  
Hearings 
 
Article 12 
 
 The Commissions may hear the interested par ties where they have made written application 
within the period laid down in the notice of paragrap h (e) of Article 8 of this Decision, showing that 
they are actually likely to be affected by the outco me of the investigation and that there are special 
reasons for them to be heard orally. 
 
III. APPLICATION OF SAFEGUARD MEASURES 
Notice Regarding Provisional Safeguard Measures 
 
Article 13 
 
 The Decision of the Government of the Republic of Macedonia on imposition of provisional safeguard measure shall be published in the "Offici al Gazette of the Republic of Macedonia and shall 
include the following information:  
(a) description of the imported product and customs tariff identification (8 or 10 digit); 
(b) the amount of tariff increase proposed as the provisional safeguard measure; and 
(c) the intended duration of the provisional safeguard measure. 
 
Determination of Serious Injury or Threat Thereof 
 
Article 14 
 
 The Commission shall submit a report containi ng findings on the situation in the domestic 
industry, on the basis of the objective evidence obtai ned in the investigation, particularly whether 
increased imports have caused or threaten to cau se serious injury to the domestic industry and 
proposal that safeguard measures are necessary to impose. G/SG/N/1/MKD/1/Suppl.1 
Page 6  
 
  
IV. SAFEGUARD MEASURES 
General Principal 
 
Article 15 
 
 The Commission may propose to the Governme nt of the Republic of Macedonia, to impose 
safeguard measures where it determines that increa sed imports have caused or threaten to cause 
serious injury to the domestic industry.  
 A safeguard measure of paragraph 1 of this Artic le, shall be imposed in the form of either a 
tariff increase or a quantity or value quota on impor ts of a product in accordance with Article 38 
paragraph 2 and Article 42 of the Law on Trade.   The duration and level of any such measure sha ll be no more than is necessary to prevent or 
remedy serious injury and to facilitate  adjustment of the domestic industry. 
 
Notice Regarding Safeguard Measures 
 
Article 16 
  A Decision regarding the imposition of a safe guard measure by the Government of the 
Republic of Macedonia shall be published in the "O fficial Gazette of the Republic of Macedonia". 
  The Decision shall contain the following information:  
(a) description of the imported product and an identification of its tariff classification (8 
or 10 digits); 
(b) information on the volume and value of th e imported product for each of the three 
calendar years preceding the request for initia tion of investigation, as well as more 
recent semi-annual data; 
(c) information relevant to the existence of serious injury or threat thereof to the 
domestic industry; 
(d) the form, level and duration of the proposed safeguard measure; 
(e) the date of application of the safeguard measure. 
 If a quantitative or value restriction on imports  pursuant to Article 42 of the Law on Trade is 
proposed, the Decision must provide inform ation, on the manner of its allocation. 
 
 If the proposed duration of the safeguard measur e (including the period of application of any 
provisional safeguard measure) is more than one ye ar, the Decision will have to provide a timetable 
for its progressive liberalization, as provid ed for in Article 39 of the Law on Trade. 
  
 
  G/SG/N/1/MKD/1/Suppl.1 
 Page 7 
 
 
 V. FINAL PROVISIONS 
Entry into Force 
 
Article 17 
  This Decision shall enter into force the fo llowing day of its publication in the "Official 
Gazette of the Republic of Macedonia".   
__________