G/L/1319  
G/SG/216  
 
20 June 2019  
(19-4220) 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 THE EUROPEAN UNIO N AND THE SEPARATE CUSTOMS   
TERRITORY OF TAIWAN,  PENGHU, KINMEN AND MATSU  
Certain steel products  
The following communication, dated 19 June 2019, is being circulated at the request of the 
Delegations of the European Union and the Separate Customs Territory of Taiwan, Penghu, Kinmen 
and Matsu.  
 
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Pursuant to Article 12.5 of the  WTO Agreement on Safeguards (Safeguards Agreement), the 
European Union and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu are 
notifying the results of the consultations conducted under Article 12.3 of the Safeguards Agreement. 
Document s 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  - 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/S uppl.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.  
 
On 10 January 2019, the European Union and the Separate Custo ms Territory of Taiwan, Penghu, 
Kinmen and Matsu conducted consultations with a view to discuss the information provided in the 
above documents dated 4 January 2019, related to the safeguard measure on certain steel products. 
Both sides discussed the relev ant information and exchanged views on the measure.  
 
In particular, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu underlined that 
the legal requirements to impose safeguard measures were not met. It proposed that the analysis 
should b e carried out on a product category level, instead of at a global level, and inquired about 
the details of the tariff -rate quota administration, making proposals in this regard and asking for 
clarifications for specific product categories.  
 
The European Un ion disagreed with the claims regarding the legality of the measures and with the 
proposed analysis on a product category level. The European Union provided the Separate Customs 
Territory of Taiwan, Penghu, Kinmen and Matsu with the clarifications about th e measures that were 
requested.  
 
The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu reserved its right to request 
compensation pursuant to Article 8 paragraph 1 of the Agreement on Safeguards. The European 
Union took note of this point.  
 
The European Union and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu 
have agreed to continue the process of consultations. For this purpose, they have further agreed 
that the 90 -day period set forth in Article 8.2 of the Safeguards Agr eement and Article XIX:3(a) of 
the General Agreement on Tariffs and Trade 1994 shall be considered to expire as between them on 
30 June 2021.  G/L/1319 • G/SG/216  
 
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  Without prejudice to the effective exercise of its right to suspend substantially equivalent 
concessions or other obligations referred to in Article 8.2, the Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu fully preserves its right to apply a suspension of concessions from 30 
June 2021 in case the European Union decides to extend the period of applicati on of the measure in 
accordance with Article 7 of the Agreement on Safeguards or the fifth day following the date of a 
report adopted by or notified to the WTO Dispute Settlement Body that the measures imposed by 
the European Union are not in conformity wi th the WTO Agreement, if that is earlier.  
 
This agreement will fully preserve the European Union's and the Separate Customs Territory of 
Taiwan, Penghu, Kinmen and Matsu's reciprocal rights and obligations under the Agreement on 
Safeguards and the General Agreement on Tariffs and Trade 1994.  
 
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