 
  WORLD TRADE  
ORGANIZATION  G/SG/N/8/EEC/2/Suppl.1 
G/SG/N/10/EEC/2/Suppl.1 
G/SG/N/11/EEC/2/Suppl.2 
15 April 2004 
 (04-1683) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION UNDER ARTICLE 12.1(B) OF THE  
AGREEMENT ON SAFEGUARDS ON FINDING 
A SERIOUS INJURY OR THREAT THEREOF  
CAUSED BY INCREASED IMPORTS 
 
NOTIFICATION PURSUANT TO ARTICLE 12.1(C) 
OF THE AGREEMENT ON SAFEGUARDS 
 
NOTIFICATION PURSUANT TO ARTICLE 9,  
FOOTNOTE 2, OF THE AGREEMENT ON SAFEGUARDS 
 
EUROPEAN COMMUNITIES 
 
Supplement
 
 
(Certain prepared or preserved citrus fruits (namely mandarins, etc .)) 
 
  The following communication, dated 14 April 2004,  is being circulated at the request of the 
Delegation of the European Commission.  
_______________ 
 
 
 Pursuant to Articles 12.1(b), 12.1(c) and 9 footnote 2 of the Agreement on Safeguards, the 
European Communities submits supplemental notificati ons on finding serious injury or threat thereof 
caused by increased imports, on taking a decision to apply safeguard measures, and on taking a 
decision not to apply those measures to products origin ating in developing countries.  The relevant EC 
Regulation (Commission Regulation (EC) 658/2004) can  be found at the following internet address: 
http://europa.eu.int/eur-lex/en/ archive/2004/l_10420040408en.html. G/SG/N/8/EEC/2/Suppl.1 
G/SG/N/10/EEC/2/Suppl.1 G/SG/N/11/EEC/2/Suppl.2 
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 I. NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT ON 
SAFEGUARDS ON FINDING A SERIOUS INJURY OR THREAT THEREOF CAUSED BY INCREASED IMPORTS 
 
II. NOTIFICATION PURSUANT TO ARTICLE 12.1(C) OF THE AGREEMENT ON 
SAFEGUARDS 
 
 In light of the agreed format for notificati ons (G/SG/W/1, 23 February 1995), the European 
Communities provides supplemental notification to  the Committee on Safeguards of findings of 
serious injury or threat thereof caused by increased  imports and notification of safeguard measures 
applied.   On 11 July 2003, the European Communities in itiated an investigation relating to serious 
injury or threat thereof to the Community producers of products like or directly competing with the 
imported product.  Following a preliminary inv estigation, the European Communities imposed 
provisional safeguard measures against imports of cer tain prepared or preserved citrus fruits (namely 
mandarins, etc.) under Regulation (EC)  No 1964/2003 of 7 November 2003. 
  The initiation of the investigation, the imposition of provisional measures as well as the 
decision not to apply those provisional measures to products originating in developing countries have 
been notified to the Committee on Safegua rds (see WTO documents G/SG/N/7/EEC/2, 
G/SG/N/11/EEC/2 and G/SG/N/6/EEC/2).   Consistent with Article 12.2 of the Agreement on Safeguards , the European Communities 
notified on 12 March 2004 (G/SG/N/8/EEC/2, G/ SG/N/10/EEC/2, G/SG/N/11/EEC/2/Suppl.1) 
information relating to the product on which it pr oposed to apply definitive safeguard measures 
  By Commission Regulation (EC) 658/2004, the European Communities imposed definitive safeguard measures on imports of the products referred to above
1.  The present notification confirms 
the findings and proposed measures notified on 12 March 20042.  
 1. Provide evidence of serious injury or  threat thereof caused by increased imports 
 
 Notification G/SG/N/8/EEC/2, G/SG /N/10/EEC/2, G/SG/N/11/EEC/2/Suppl.1 
(12 March 2004) includes information on evidence of serious injury caused by increased imports 
found during the investigation.  More detailed info rmation can be found in EC Regulation 658/2004. 
 
2. Provide information on whether there is an  absolute increase in imports or an increase 
in imports relative to domestic production  
 
 Notification G/SG/N/8/EEC/2, G/SG /N/10/EEC/2, G/SG/N/11/EEC/2/Suppl.1 
(12 March 2004) includes information on absolute in crease in imports and increase in imports relative 
to domestic production for the products covered by safeguard measures.  Mo re detailed information 
can be found in EC Regulation 658/2004. 
 
                                                     
 
1 Official Journal of the European Union, L104 of 8 April 2004, page 67 – available at 
http://europa.eu.int/eur-lex/en/archive/2004/l_10420040408en.html 
2 Further to the notification of 12 March 2004, a cleri cal error was found in the calculation of the quota. 
The amount of the quota was th erefore corrected accordingly.  G/SG/N/8/EEC/2/Suppl.1 
 G/SG/N/10/EEC/2/Suppl.1  G/SG/N/11/EEC/2/Suppl.2 
 Page 3 
  
 3. Provide precise description of the product involved 
 
 Notification G/SG/N/8/EEC/2, G/SG /N/10/EEC/2, G/SG/N/11/EEC/2/Suppl.1 
(12 March 2004) contains a complete descriptio n of the products covered by the European 
Communities’ affirmative determina tions. More detailed informati on can be found in EC Regulation 
658/2004. 
 
4. Provide precise description of the proposed measure 
 
 EC Regulation 658/2004 contains a precise description of the measures.  It also contains reference to the timetable for progressive liberalisation of the measures.   The definitive safeguard measures consist of  tariff quotas in excess of which an additional 
duty will be payable.  The additional duty has been set at a level which is consistent with the aim of 
preventing serious injury to the Community producers.  In terms of a fixed duty, the duty payable is €301 per tonne.  The tariff quotas were calculated on the basis of the average volume imported in the 
period 1999/00 to 2001/02, i.e. the most recent thr ee representative years for which import statistics 
are available (27,570 tonnes for the EU15).  The Eu ropean Communities noted that the amounts of the 
tariff quotas would require to be revised in light of  enlargement which is scheduled for 1 May 2004.  
The amount of the tariff quotas for the first period (27,570 tonnes for the EU15) was therefore 
increased by the average import quantity per annum from non-EU countries to the Accession Countries in the years 2000 to 2002. This average amounts to 4,060 tonnes.  Therefore the EU25 tariff quota for the first period should be 31,630 tonnes.  As the final period is only 212 days, the actual 
imports quota for the final period was reduced proportionately. 
 
 In order to preserve traditional trade flows whilst ensuring that the Community market remains open to new supplying countries, the amount of the tariff quotas was divided amongst those countries having a substantial interest in supplyi ng the product concerned to the Community market, 
and a part should be reserved to those countries which do not currently have such a substantial 
interest.  After consultation with the People’s Re public of China, the only country having such a 
substantial interest, the European Communities cons idered it appropriate to assign a specific tariff 
quota to the People’s Republic of China based on th e proportions of the total quantity of the product 
supplied by that country during the three year period 1999/00 to 2001/02.  The vast majority of the imports in this period originated in the People’s Republic of China and therefore a country specific 
tariff quota should apply to the People’s Republic  of China and one to all other countries. 
 
 On the basis outlined, the amount of the in itial quota assigned to the People’s Republic of 
China for the EU25 would be 30,843 tonnes for a peri od of one year, whilst the amount assigned to all 
other countries for that period would be 787 tonnes.  It was considered that if this were done, the 
quota assigned to all other countries would be too sm all to allow competition or to allow newcomers 
to enter the market.  It is desirable that countri es other than the People’s Republic of China should 
also have the opportunity to export the product c oncerned to the Community.  The quota assigned to 
all other countries should therefore be increased to 3% of average Community consumption over the 
period under consideration (or 2,314 tonnes for one y ear), giving an overall base for the tariff quotas 
of 33,157 tonnes.  
 In view of the obligation to liberalise the measures, the overall annual amount of the tariff 
quotas will be increased by 5% in each of the following periods.   Annex 1 provides for a summary table of the measures. 
 G/SG/N/8/EEC/2/Suppl.1 
G/SG/N/10/EEC/2/Suppl.1 G/SG/N/11/EEC/2/Suppl.2 
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 5. Provide proposed date of introduction of the measure 
 
 The measures entered into force on 11 April 2004.  6. Provide expected duration of the measure  
 The measures are expected to apply until 8 November 2007.  
 
7. For a measure with a duration of more than three years, provide the proposed date for 
the review (under Article 7.4) to be held not later than the mid-term of the measure, if 
such a date for the review has already been scheduled 
 
 A mid-term review of the measures w ill be carried out in November 2005. 
 8. If the expected duration is over one year , provide expected timetable for progressive 
liberalisation of the measure 
 
 As noted above in item 4, each of the measures provides for progressive liberalisation.  The 
terms of the liberalisation are indicated in item 4.  9. Provide information relating to the extension of a safeguard measure  
 Not applicable. 
 
 
III. SUPPLEMENTAL NOTIFICATION UNDER ARTICLE 9 FOOTNOTE 2 OF THE 
AGREEMENT ON SAFEGUARDS 
 1. Specify the measure 
  The measures consist  of temporary tariff quotas in excess of which additional duty requires to 
be paid, as described in the notificati on under Article 12.1 (b) and 12.1 (c) above. 
 
2. Specify the product subject to the measure 
  The measures apply to the products described  in the notification under Article 12.1 (b) and 
12.1 (c) above. 
 
3. Specify developing countries to which the me asure is not applied under Article 9.1 of the 
Agreement on Safeguards and the import s shares of these countries individually and 
collectively.  
 
 United Arab Emirates, Afghanistan, Antigua and Barbuda, Angola, Argentina, Barbados, 
Bangladesh, Burkina Faso, Bahrain, Burundi, Beni n, Brunei Darussalam, Bolivia, Brazil, Bahamas, 
Bhutan, Botswana, Belize, Democr atic Republic of Congo, Central African Republic, Congo, Côte 
d'Ivoire, Chile, Cameroon, Colombia, Costa Rica, Cuba, Cape Verde, Cyprus, Djibouti, Dominica, 
Dominican Republic, Algeria, Ecuador, Egypt , Eritrea,  Ethiopia, Fiji, Federated States of Micronesia, 
Gabon, Grenada, Ghana, Gambia, Guinea, Equatori al Guinea, Guatemala, Guinea-Bissau, Guyana, 
Honduras, Haiti, Hong Kong, Indonesia, India, Ira q, Iran (Islamic Republic of), Jamaica, Jordan, 
Kenya, Cambodia, Kiribati, Comoros, St Kitts a nd Nevis, Kuwait, Lao People's Democratic Republic, 
Lebanon, St Lucia, Sri Lanka, Liberia, Lesotho,  Libyan Arab Jamahiriya, Morocco, Madagascar,  G/SG/N/8/EEC/2/Suppl.1 
 G/SG/N/10/EEC/2/Suppl.1  G/SG/N/11/EEC/2/Suppl.2 
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 Marshall Islands, Mali, Myanmar, Mongolia, Maur itania, Mauritius, Maldives, Malawi, Mexico, 
Malaysia, Mozambique, Namibia, Niger, Nigeria,  Nicaragua, Nepal, Nauru, Oman, Panama, Peru, 
Papua New Guinea, Philippines, Pakistan, Palau, Paraguay, Qatar, Rwanda, Saudi Arabia, Solomon 
Islands, Seychelles, Sudan, Sierra  Leone, Senegal, Somalia, Surina me, Sao Tomé and Principe, El 
Salvador, Syrian Arab Republic, Swaziland, Chad, Togo, Thailand, Tunisia, Tonga, East Timor, 
Trinidad and Tobago, Tuvalu, Tanzania (United Republic of), Chinese Taipei, Uganda, Uruguay, St 
Vincent and Northern Grenadines,  Venezuela, Viet Nam, Vanuatu, Samoa, Yemen, South Africa, 
Zambia and Zimbabwe. 
 
 
Annex 1
 
 
Period Quota –People’s 
Republic of China 
(tonnes) Quota – all other 
countries (tonnes) 
11/4/04 to 10/4/05 30,843 2,314 
11/4/05 to 10/4/06 32,385 2,430 
11/4/06 to 10/4/07 34,004 2,551 
11/4/07 to 8/11/07 20,738 1,556 
 
__________ 
 
 