. /.WORLD TRADE
ORGANIZATIONG/SG/65
6 August 2003
(03-4135)
Committee on Safeguards Original:  English
IMPOSITION OF A PROVISIONAL SAFEGUARD MEASURE
Request for Consultations under Article 12.4
of the Agreement from Poland
The following communication, dated 3 August 2003, has been received from the Permanent
Mission of Poland.
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With regard to Article 12.4 of the Agreement on Safeguards and according to instructions
from my authorities in Warsaw I would like to s ubmit a notification of the request of Poland for
consultations with Hungary on initiating a safeguard investigation and imposing a provisional
safeguard measure on sugar (HS codes 1701.91.00.00, 1701.99.10.00, 1701.99.90.00).G/SG/65
Page 2
On 21 July 2003 the Republic of Hungary notified the WTO (G/SG/N/6/HUN/3-
G/SG/N/7/HUN/3-G/SG/N/11/HUN/3) that the Ministry of Economy and Transport had initiated an
investigation on all products classified with HS  1701.91.00.00 Other, containing added flavouring or
colouring matter;  1701.99.10.00 White sugar;  1701.99.90.00 Other and proposed to introduce
provisional safeguard measures to the above-mentioned products from 23 July 2003 to23 January 2004 in the form of an additional duty of 93 per cent.
Poland is of the view that based on available facts it is difficult to prove that the goods were
imported under such conditions as to cause or threaten to cause serious injury to the domestic
industry.  There are also doubts as to causal link between imports and serious injury.  Furthermore, in
accordance with Article 6 of the Agreement on Safeguards, the Republic of Hungary should have
proved the existence of critical circumstances, before adopting provisional safeguard measures.
Taking into account that the consultations, under the Agreement on Safeguards should
commence immediately after the measure has been introduced, Poland formally requests the holding
of consultations under Article 12.4 with the aim to review the information provided and to obtain
additional information concerning the results of the investigation.
It is proposed that consultations be held forthwith at a mutually agreed date and place.
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