  
  
G/SG/Q2/MAR/ 3 
18 February  2020 
(20-1261) Page: 1/2 
Committee on Safeguards  Original:  French  
 
  
NOTIFICATION UNDER ARTICLE 12.1 OF THE  
AGREEMENT ON SAFEGUARDS  
REPLIES TO QUESTIONS1 POSED BY UKRAINE REGARDING  
THE NOTIFICATIONS OF MOROCCO2 
The following communication , dated 18 February  2020, is being circulated at the request of the 
delegation of Morocco . 
 
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Question 1  
 
Would Morocco please indicate the criteria taken into consideration by the Moroccan 
investigating authority for the purpose of determin ation  whether a country should be 
treated as developing and, therefore, should be excluded from safeguard measures under 
Article 9.1 of the Agreement on Safeguards ? 
Reply 
At the WTO level , there are no definition s or set criteria for what may constitute  a develop ed or 
develop ing country . A Memb er country  decides for itself whether it should be considered as a 
"developed " or "develop ing" country  based on the  princip le of "self-designation ", through the 
commitments it undertakes when acceding to the WTO . 
An examination of the trade defence legislation  notified by Ukraine to the WTO , particularly  the law 
on safeguards, reveal s that Ukraine has failed to codify in its legislation  a number of  rights granted  
to developing countries  under Article 9 .2 of the Agreement on Safeguards . For example, t he law on 
safeguards states  that the total duration of a  measure is eight years  and that the length of the period 
of non-application prior to a measure being applied for a second time  to the same produ ct is equal 
to that during which the measure had been previously applie d. Yet, for a developing country , the 
maximum duration of a safeguard  measure is 10 years  and the length of the period  of 
non-application  is equal to half that during which a measure ha d been previously applied . 
Question 2  
Would Morocco pleas e clarify if the investigating authority uses a particular list of 
countries that should be considered as developing for the purpose of exclusion from 
safeguard measures under Article 9.1 of the Agreement on Safeguards ? 
 
1 Document G/SG/Q2/M AR/2. 
2 G/SG/N/10/MAR/3/Suppl.3  - G/SG/N/11/MAR/2/Suppl.3  - G/SG/N/14/MAR/1/Suppl.1; 
G/SG/N/8/MAR/5  - G/SG/N/10/MAR/5  - G/SG/N/11/MAR/5; 
G/SG/N/8/MAR/4/Suppl.3  - G/SG/N/10/MAR/4/Suppl.3  - G/SG/N/11/MAR/4/Suppl.3; 
G/SG/N/10/MAR/3/Suppl.4  - G/SG/N/11/MAR/2/Suppl.4  - G/SG/N/14/MAR/1/Suppl.3 . G/SG/Q2/MAR/ 3 
- 2 - 
  Reply 
Morocco  uses the  list of develo ping countries  that have made commitments  reserved for developing 
countries under  the Agreement on Safeguards . 
Question 3  
Would Morocco  pleas e clarify whether its national legislation regulates the issue of 
exclusion of developing countries from safeguard measures under Article 9.1 of the 
Agreement on Safeguards ? 
Reply 
The requirements of  Article 9 .1 of the Agreement on Safeguards  have been inco rporated into  
Moroccan Law No. 15-09 on trade defence measures , which, under Article 76 , stipulates  the 
following :  
 "Any provisional or definitive safeguard measure on imports of the product under 
consideration shall be applied without any discrimination, regardless of the source of those 
imports . 
 However, no safeguard measure shall be applied on imports of the product concerned 
originating from developing countries which individually account for not more than 
three  (3) per cent  of total im ports of the product concerned,  provided that the collective share 
of such developing countries does not exceed nine (9) per cent  of total imports of said 
product ." 
Question 4  
Would Morocco please clarify whether its national legislation contains provision s 
indicating certain criteria for the purpose of determin ation  whether a country should be 
considered as developing for the purpose of exclusion from safeguard measures under 
Article 9.1 of the Agreement on Safeguards ? 
Reply 
It does not . 
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