./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/LVA/4
28 November 2000
(00-5110)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Replies to Questions Posed by the UNITED STATES1
Regarding the Notification of LATVIA2
The following communication, dated 21 November 2000, has been received from the
Permanent Mission of Latvia.
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Q1. In Article 1, para. 2, Latvia defines the term "like or directly competitive" to mean
"products that have like characteristics and co mponent materials that enable them to perform
the same functions and to be interchangeable." Do es Latvia view the terms "like" and "directly
competitive" as meaning the same thing, or as two different concepts?  Please explain.
Reply
Both the terms "like" and "directly competitive" are integrated in one definition - "the
products that have like characteristics and component materials that enable them to perform the samefunctions and to be interchangeable".  This definition is made in accordance with the provisions
contained in Latvian Customs Law.
Q2. Please explain how the procedure in Article 19, para. 2, relating to the extension of a
safeguard measure, is consistent with the requirements of Article 7.2 of the SafeguardsAgreement, which provides that a measure may be extended "provided that the competent
authorities … have determined … that the safeguard measure continues to be necessary to
prevent or remedy serious injury and that there is evidence that the industry is adjusting …?"
Reply
It is fully consistent with the requirements of Article 7.2 of the Safeguards Agreement,
because the Law on Safeguards is supplemented by the Regulations of the Cabinet of Ministers "On
the procedure of application of safeguard meas ure" (notification G/SG/N/1/LVA/1/Suppl.1).  The
provisions of paragraph 31 in Chapter XI of these Regulations provide a further explanation andprocedure related to Article 19, para. 2 of the Law.
Q3. Does the Latvian law provide for a mid-term review of measures that exceed 3 years
duration, as required by Article 7.4 of the Safeguards Agreement?
                                                     
1 G/SG/Q1/LVA/3
2 G/SG/N/1/LVA/Suppl.2 + Corr.1G/SG/Q1/LVA/4
Page 2
Reply
It does, but not exactly by reproducing the wording used in the Agreement.  Paragraph 32 in
Chapter XI of the above-mentioned Regulations envisages annual review of any safeguard measuresapplied.  In this case, any measure with a duration of over 3 years shall be reviewed automatically
even earlier and more often than it is required by the Agreement.
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