./.  WORLD TRADE  
ORGANIZATION  G/SG/Q1/TUR/2 
9 August 2004 
 (04-3370) 
Committee on Safeguards Original:   English 
   
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Questions Posed by the SEPARATE CUSTOMS TERRITORY OF TAIWAN,
 
PENGHU, KINMEN AND MATSU Regarding the Notification of TURKEY1 
 
 
 The following communication, dated 5 August 2004, is being circulated at the request of the Separate Customs Territory of Ta iwan, Penghu, Kinmen and Matsu. 
 
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 Articles 2(d) and 5 of the Decree
 
  Article 6 of the WTO Agreement on Safeguards provides that "[A] Member may take a provisional safeguard measure ...  Such  measures should take the form of tariff increases  to be 
promptly refunded ..." (emphasis a dded).  However, we note that Ar ticle 5 of the Decree on Safeguard 
Measures for Imports as notified by Turkey provides that "[p]rovisional safeguard measures can take 
the form of customs duties, additional financial ch arges, restrictions on quantity/value of imports, 
tariff quota or a combination of these forms".  
 Can the "additional financial charges, restric tions on quantity/value of imports, tariff quota or 
a combination of these forms" be considered tariff increases under Article 6 of the Safeguard Agreement?  What kinds of financial charges can be applied in a provisiona l safeguard measure?  
How can a provisional measure that takes the form of restrictions on quantity/value or tariff quota be properly refunded as required by the Safeguard Ag reement when the increased imports were not 
found to have caused or threaten to cause serious injury to the domestic industry? 
 
 We also note that Article 2(d) of the Decree stipulates that the definition of "tariff quota" is "[t]he quantity or value of imports, which is ex empted from customs duties and/or other financial 
charges or subject to reduced customs duties and/or  other financial charges for a specified period".  
What is the rationale for including othe r financial charges in the definition? 
 
 Could Turkey give examples of the financial char ges referred to in Article 5 of the Decree?  
In Article 2(d) of the Decree?  Is the scope of the financial charges in these two Articles the same? 
 Article 7 of the Decree
 
 
 Could Turkey explain the rationale behind Ar ticle 7?  Is Turkey envisioning potential 
conflicts between this Decree and the applications  of the appropriate laws relating to the items 
referred to in (a) through (d)?  If so, could Turkey  exemplify a situation involving "(c) the obligations 
arising from the international agreements"?  
                                                     
 
1 G/SG/N/1/TUR/3, dated 16 July 2004. G/SG/Q1/TUR/2 
Page 2  
 
 What is the scope of the international agreemen ts in Article 7(c) of the Decree?  If regional 
trade agreements are to be included, what is the pract ical effect of Article 7(c) on Turkey's safeguard 
measures?  Will the application be consistent wi th the Article 2.2 requirements of applying the 
safeguard measures irrespective of the sources of subject imports?  
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