G/L/1308  
G/SG/205  
 
2 May 2019  
(19-3036) Page: 1/2 
Council for Trade in Goods  
Committee on Safeguards  Original: English  
 
IMMEDIATE NOTIFICATI ON TO THE COUNCIL FO R TRADE IN GOODS  
OF THE RESULTS OF TH E CONSULTATIONS UNDE R ARTICLE 12.3   
JOINT COMMUNICATION OF BRAZIL AND THE EU ROPEAN UNION  
Certain steel products  
The following communication, dated 30 April 2019, is being circulated at the request of the 
Delegations of Brazil and the European Union (EU).  
 
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Pursuant to Article 12.5 of the WTO Agreement on Safeguards (Safeguards Agreement), Brazil and  
the European Union are notifying the interim results of the consultations conducted  under 
Article  12.3 of the Safeguards Agreement. Documents G/SG/N/6/EU/1 (dated 27 March 2018), 
G/SG/N/6/EU/1/Suppl.1 (dated 29 June 2018), G/SG/N/7/EU/1 and G/SG/N/11/EU/1  (dated 
18 July 2018), G/SG/N/8/EU/1  - G/SG/N/10/EU/1  - G/SG/N/11/EU/1/Suppl. 1 (dated 
4 January  2019) G/SG/N/8/EU/1/Suppl. 1 - G/SG/N/10/EU/1/Suppl.1  - G/SG/N/11/EU/1/Suppl.2 
(dated 7  February  2019) contain notifications from the European Union concerning measures taken 
under the Safeguards Agreement concerning certain steel products. Document 
G/L/1296  - G/SG/N/12/BRA/3 (dated 19 February 2019) contains a notification from Brazil 
concerning its intention to suspend concessions and other obligatio ns to the EU trade under 
Article  8.2 of the Safeguards Agreement. The European Union responded to this notification by 
means of Document  G/L/1300  - G/SG/N/12/BRA/3/Supp l.1 (dated 28 February 2019), which was 
followed by the Brazilian communication G/L/1301  - G/SG/N/12/BRA/3/Suppl.2 (dated 
5 March  2019).  
 
On 14 and 31 January 2019, the European Union and Brazil conducted consultations with a view to 
discuss the information related to the EU safeguard measures on certain steel products, exchange 
views on the safeguard measures, and reach an understanding on ways to achieve the objective set 
out in Article 8.1 of the Safeguards Agreement. During these consultations, Brazil and the EU 
expressed different views on, inter alia, the legality of the EU measures, the  effects of the EU 
measures on certain steel products exported by Brazil and the adequate means of trade 
compensation.  
 
On 18 February 2019 Brazil submitted to the European Union a calculation of adverse effects and 
requested compensation therefor under Article 8.1 of the Safeguards Agreement. Following 
discussions on this subject held on 18 March 2019 and 26 March 2019, the European Union and 
Brazil reached a joint compromise on the need to continue the process of consultations.  
 
Without prejudice to the positions expressed by both parties in their respective notifications1 on the 
right to suspend concessions, they have agreed to extend the 90 -day period foreseen in Article 8.2 
of the Safeguards Agreement to exercise any potential suspension of conc essions until 
30 September  2019. This agreement will allow both parties to seek an understanding on ways to 
achieve the objective set out in Article 8.1 of the WTO Agreement on Safeguards, taking into account 
the results of the review of the EU safeguard m easures, which is to be finalized within this timeframe.  
                                                
1 Document G/L/1296  - G/SG/N/12/BRA/3, Document G/L/1300  - G/SG/N/12/BRA/3/Supp l.1 and 
Document G/L/1301  - G/SG/N/12/BRA/3/Suppl.2.  G/L/1308 • G/SG/205  
 
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This agreed extension is without prejudice to Brazil 's and the European Union 's rights and obligations 
under the Safeguards Agreement.  
 
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