. /.   WORLD TRADE  
ORGANIZATION  G/SG/Q1/UKR/5 
23 April 2009 
 (09-1940) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 12.6 OF THE AGREEMENT 
 
Replies to Follow-up Questions from the UNITED STATES
1 
regarding the Replies of UKRAINE2 
 
  The following communication, dated 21 April 2009,  is being circulated at the request of the 
Delegation of Ukraine.    
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Question 1 
 
Please refer to the United States' questio n 8 regarding the manner in which Ukraine 
would administer an import quota licensing syst em.  Could Ukraine please explain how it would 
allocate quota shares?  For example, would quo ta shares be allocated to specific historical 
suppliers, and would licenses then be sold or allocated for those respect ive shares only to 
exporters in the particular country?   
 Reply
 
  If import to Ukraine increases in such volumes and / or in such terms or conditions that there is serious injury or a threat to cause serious injury to national producer, the Interdepartmental 
Commission on Foreign Trade (further – "Commission") can decide to impose special measures, including quotas of import (which is an object of investigation) with defi nition of quota volumes and 
it's allocation procedure.   
  In case of quota introduction, the Commission take s into consideration interests of traditional 
trade flows and /or volumes of sales under the c oncluded contracts concerning import to Ukraine on 
which the Commission has been informed by the Mini stry of Economy and State Customs Service.   
 
 Import quotas on goods which are the subject of special measures, are administered by the Ministry of Economy by issuing of special licenses in accordance with the Order of the Ministry of 
Economy and European integration of 01.08.2002 No  232 "On the order of licensing of import in 
Ukraine of goods subject to application of special measures".   
 
                                                     
 
1 G/SG/Q1/UKR/4.   
2 G/SG/Q1/UKR/2.   G/SG/Q1/UKR/5 
Page 2  
 
  Question 2 
 
 Please refer to the United States' question 9 regarding Ukraine's regional application of 
safeguard measures.  Could Ukraine please explai n the basis for deciding whether to apply a 
safeguard measure on a regional basis, including:   
 
(a) whether it would rely on a finding that some part of a national industry, such as 
a particular producer or producers located in a geographic area of Ukraine, is seriously injured or threatened with serious injury;   
 
(b) how Ukraine would conclude that such a producer or producers in a geographic 
area constitute an industry within th e meaning the Safeguards Agreement and 
Article XIX of the GATT 1994, including the definition in Article 4.1(c) of the Safeguards Agreement;   
 
(c) if based on a geographic area, whether the measure would apply only to imports 
entering the same geographic area in whic h the injured industry is located or to 
a smaller or greater area;  and  
 
(d)  how Ukraine would ensure that imports into other regions of the country would 
not be transhipped to the geographic are a?  For example, does Ukraine maintain 
multiple customs territories within Ukraine?   
 
Reply
 
  The basis issue for taking a decision on introduction of special measures on the whole 
territory of Ukraine as well as in its regions is alwa ys an effort to protect national producer from facts 
of increased import to Ukraine regardless of the c ountry of origin and export of goods which cause 
serious injury or a threat to cau se serious injury to national producer.  This principle coincides with 
WTO norms.     
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