WORLD TRADE  
ORGANIZATION  G/SG/80 
9 November 2005 
 (05-5257) 
Committee on Safeguards  
 
 
 
CHAIRMAN'S REPORT TO THE COUNCIL FOR TRADE IN GOODS 
ON TRANSITIONAL REVIEW OF CHINA  
  
1. The Committee on Safeguards undertook the fourth transitional review of China's 
implementation of the Agreement on Safeguards pursuant to Paragraph 18 of the Protocol on the 
Accession of the People's Republic of China (WT/L/432) at its meeting on 3 November 2005.   
2. Annex 1A to the Protocol requires China to submit information regarding the implementation 
of its Regulation on Safeguards.  China submitted a no tification in this respect on 2 November 2005.  
It can be found in document G/SG/W/201. 
3. Japan submitted questions in the context of the transitional review.  Japan's questions can be 
found in document G/SG/Q1/CHN/25. 
4. The statements made at the meeting of 3 Nove mber 2005, at which the transitional review 
was Item H of the agenda, are reflected in the mi nutes of the meeting, which will be circulated as 
document G/SG/M/28.  The relevant paragraphs whic h reflect the statements made and the discussion 
at the meeting are annexed. G/SG/80 
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ANNEX  [EXTRACT FROM DOCUMENT G/SG/M/28] 
H. TRANSITIONAL  REVIEW  UNDER  PARAGRAPH  18 OF THE  PROTOCOL  OF 
ACCESSION  OF THE  PEOPLE'  S REPUBLIC  OF CHINA  TO THE  WORLD  TRADE  
ORGANIZATION 
1. The Chairman  noted that Paragraph 18 of China's Protocol of Accession provided that all 
subsidiary bodies, including the Safeguards Comm ittee, "which have a mandate covering China's 
commitments under the WTO Agreement or [the] Prot ocol shall, within one year after accession, 
review, as appropriate to their mandate, the implem entation by China of the WTO Agreement and of 
the related provisions of [the] Protocol."  China was to provide relevant information in advance of the 
review, including information specified in Annex 1A to the Protocol.  China could also raise issues 
relating to any reservations under S ection 17 or to any other speci fic commitments made by other 
Members in the Protocol, in subsidiary  bodies which have a relevant mandate. 
2. The Chairman stated that the Committee must repor t the results of the review promptly to the 
Council for Trade in Goods.  Review was to take place after accession in each year for eight years, 
with a final review in year 10 or at an earlier da te decided by the General Council.  She added that 
there were no procedures set out for the conduct of th e transitional review in the Protocol, except that 
China was to provide relevant information in adva nce of the review.  In accordance with section IV.6 
of Annex 1A to the Protocol, China was required to  notify the Committee of its implementation of its 
Regulation on Safeguards.  The Chairman inform ed the Committee that China had very recently 
submitted a notification, which would be circulated  as document G/SG/W/201.  She also stated that 
Japan had recently submitted questions in the contex t of the transitional revi ew, contained in document 
G/SG/Q1/CHN/25.  
3. The representative of China  stated that they did not have mu ch to say since, as was noted in 
the submitted "Annex1A" information, China had neither new legislation nor new action taken 
concerning safeguards during the previous year.  C oncerning the questions from Japan, he stated that 
China took it that the questions were raised under ag enda item 2E – review of legislative notifications 
– and so he was not sure whether these questions ha d to be taken up under the current agenda item.  
4. The representative of Japan  stated that he had noted that under agenda item 2E, China had 
expressed preparedness to submit responses at a later stag e.  He stated that if that was the case, Japan 
appreciated it very much and was looking forwar d to consulting further with China based on the 
responses. 
5. The representative of China  clarified that the title of the document submitted from Japan – 
document G/SG/Q1/CHN/25 – read "Notification of Laws and Regulations under Article 12.6 of the 
Agreement", and that it did not refer to the Transiti onal Review.  He stated that therefore he was very 
much puzzled to see that this document had been  picked up under the current agenda item.  
6. The representative of Japan  clarified that Japan's intention w as to take this issue up under the 
agenda item of Transitional Review.  He stated th at if the title or form of the document were not 
appropriate, he would consult with his colleagues on the matter.  
7. The representative of China  stated that China's position on th is issue was clear, that is, to 
avoid repetition, or the situation where same kind of questions were raised under different agenda 
items.  He stated that he noted Jap an's clarification that the questi ons were raised under this agenda. 
He added that as was indicated in the document recently submitted by China (G/SG/W/201), China 
had not adopted new legislations nor taken any new ac tion in the past year.  He explained that China 
did not receive any questions prior to this meeting except from Japan.  He stated that as the questions 
from Japan were received only the da y before, he could not respond in detail.  He further stated that 
the exchange of views with Members on the safeguard  regime and actions of China in the past years  G/SG/80 
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 had reinforced China's understanding that Chin a was acting consistently with the Safeguards 
Agreement.  He stated that in this respect Chin a wanted other Members to be also as strictly 
consistent with the WTO Agreements as China, both in  their regimes as well as in their legislation and 
actions.  The representative of China thanked other Members for not burdening them by posing 
questions under this agenda item simply for the sake of posing questions.  He stated that in China's 
point of view, that was a constructive approach, and China appreciated that. 
8. The Chairman
 noted that China's Protocol of Accession contained no guidelines for reporting 
to the Council for Trade in Goods on the Committee' s transitional review of China's implementation 
of the Agreement.  She proposed that the Committee  follow the same reporting procedure as last year, 
whereby the Chairman, acting on his own responsibility , would prepare a brief, factual report, with 
references to the documents concerned, and attach ing the portion of the minutes of the meeting which 
relate to the transition review. 
9. The Committee agreed  that the Chairman should prepare the same type of report in respect of 
this year's review. 
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