WORLD TRADE
ORGANIZATIONG/SG/Q1/IDN/3
1 October 2003
(03-5153)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Questions Posed by the EUROPEAN COMMUNITIES Regarding
the Notification of INDONESIA1
The following communication, dated 29 September 2003, has been received from the
Permanent Delegation of the European Commission.
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1. Article 1.3 defines "threat of injury" as serious injury " that is likely to be suffered by the
domestic industry ". Article 4.1(b) of the WTO Safeguards Agreement defines the same notion as
"serious injury that is clearly imminent ".  The terms " clearly imminent " imply a much higher degree
of certainty than a mere likelihood.  Can Indonesia confirm that "threat of injury" determinations will
be only be made if serious injury is "clearly imminent" and not only "likely"?
2. Article 9 provides that provisional safeguard measures may be imposed in two distinct
situations:  (a) there is clear evidence that increased imports has caused or threaten to caused seriousinjury;  or (b) increased imports of product subject to investigation have caused serious injury which
would be difficult to repair if the imposition of a safeguard measure is delayed.  Article 6 of the WTO
Safeguards Agreement permits the application of provisional measures only in the second alternative,
i.e. when there is clear evidence of serious injury and delay would cause damage which it would bedifficult to repair.  Can Indonesia confirm that provisional measures will only be imposed in
conformity with the WTO Safeguards Agreement and, therefore, only in the circumstances described
in (b) above?  If so, can Indonesia explain why Article 9 of its law provides for the imposition ofsafeguard measures in the situation described under (a)?
3. Article 23 provides that the Committee will undertake an examination of safeguard measures
if the latter have been applied for more than three years.  However, this article does not specify at
what point in time the review will be conducted (the language used in Article 23 suggests that the
"examination" would be conducted at the end of the period of application of the measures).Article 7.4 of the WTO Safeguards Agreement provides in that respect that the review must take place
not later than the mid-term of the measure.  Can Indonesia confirm that it will conduct a review of
safeguard measures imposed for more than three years not later than at the mid-term of the measures?
4. Article 29 provides that Indonesia " may hold consultations upon request " with countries
having substantial interests in the product subject to investigation. Article 12.3 of the WTOSafeguards Agreement specifies that the importing country must provide adequate opportunity for
prior consultations with those Members having a substantial interest as exporters of the product
concerned.  The right for consultations is not subject to a prior request.  Can Indonesia confirm that it
will offer consultations to exporting countries having a substantial interest in the product concerned
on its own initiative?
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1 G/SG/N/1/IDN/2