./.WORLD TRADE
ORGANIZATIONG/SG/Q1/TPKM/4
8 May 2003
(03-2452)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Replies to Questions Posed by the EUROPEAN COMMUNITIES1
Regarding the Notification of the SEPARATE CUSTOMS TERRITORY OF
TAIWAN, PENGHU, KINMEN AND MATSU2
The following communication was received on 29 April 2003 from the Permanent Mission of
the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.
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Q1. Art 7 and Art 16 of the legislation regarding textiles and clothing states that import
quotas shall be applied on a country-by-country or  region-by-region basis.  Can Chinese Taipei
please explain how this provision relates to Art 2.2 of the Agreement on Safeguards and the
relevant provisions of the Agreement on Textiles.
Reply
Please refer to the reply to Q1 in G/SG/Q1/TPKM/2 (30 October 2002).
Q2. Art 8 of this legislation appears to be different from Art 5 of the Agreement on
Safeguards.  Can Chinese Taipei please explain how these provisions of Art 5 of the Agreement
on Safeguards will be applied?
Reply
Please refer to the reply to Q2 in G/SG/Q1/TPKM/2 (30 October 2002).
Q3. The legislation does not mention the exceptions for Developing Country Members.  Can
Chinese Taipei please confirm that the provision s of Art 9 of the Agreement on Safeguards will
be fully observed.
Reply
Please refer to the reply to Q3 in G/SG/Q1/TPKM/2 (30 October 2002).
Q4. Art 4 of the rules for handling import reli ef cases not only provides for adjustment of
tariffs and import quotas as relief measures but also for financing guarantees, subsidies for
technological R&D and other assistance and adjustment measures.  Can Chinese Taipei please
                                                     
1 G/SG/Q1/TPKM/3
2 G/SG/N/1/TPKM/2G/SG/Q1/TPKM/4
Page 2
explain how it is ensured that the obligations under Art 5.1 of the Agreement on Safeguards are
complied with.
Reply
Please refer to the reply to Q4 in G/SG/Q1/TPKM/2 (30 October 2002).
Q5. The notification states that Art 27 of the rules for handling import relief cases was
deleted.  Can the Separate Customs Territory of Taiwan please explain how it will be ensured
without this Article that the provisions of Ar t 7.5 and 7.6 of the WTO Safeguard Agreement are
complied with?
Reply
The Rules for Handling Import Relief Cases is prescribed in accordance with the provisions
of Art 18, paragraph 3 of the Foreign Trade Act. Art 27 of the Rules was deleted but reproduced in the
Art 18, paragraph 4, paragraph 5, paragraph 6 of the Act (amended on 12 June 2002).  It is inconformity with Art 7.5 and 7.6 of the Agreement on Safeguards.
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