WT/DS595/1  
G/L/1355  
G/SG/D64/1  
 
19 March 2020  
(20-2191) Page: 1/7 
  Original: English  
 
EUROPEAN UNION – SAFEGUARD MEASURES ON C ERTAIN STEEL PRODUCT S 
REQUEST FOR CONSULTA TIONS BY TURKEY  
The following communication,  dated 13 March 2020, from the delegation of Turkey to the delegation 
of the European Union, is circulated to the Dispute Settlement Body in accordance with Article 4.4 
of the DSU.  
 
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My authorities have instructed me to request consultatio ns with the European Union pursuant to 
Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes  
("DSU"), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994  ("GATT 1994") and 
Article 14 of the Agreem ent on Safeguards , concerning the provisional and definitive safeguard 
measures imposed by the European Union on imports of certain steel products and the investigation 
that led to the imposition of those measures.  
 
The Government of Turkey ("Turkey") cons iders that these measures are inconsistent with the 
Agreement on Safeguards and the GATT 1994.  
 
I. BACKGROUND AND MEASU RES AT ISSUE  
1.1  Initiation of the investigation  
1. On 26 March 2018, the European Commission1 published a "Notice of initiation of a safeguard 
investigation concerning imports of steel products" in the Official Journal of the European Union 
whereby it initiated an investigation with a view to impose safeguard measures on imports of certain 
steel products. The safeguard investigation has been init iated ex officio  by the 
European  Commission.2 In its Notice of Initiation, the European Commission identified 26 products 
under investigation that were listed together with their relevant tariff codes in Annex I to the Notice. 
On 27 March 2018, the European Union notified the WTO Committee on Safegua rds of the initiation 
of the investigation.3  
2. On 28 June 2018, the European Commission published a Notice whereby it extended the scope 
of the investigation by including two additional product categories, namely product category 
numbers 27 and 28, and provided clarification concerning product categories 1, 4 and 7.4 Those 
amendments were notified by the European Union to the WTO Committee on Safeguards.5  
 
1 The measures at issue were imposed pursuant to an investigation conducted by the European 
Commission.  
2 Notice of initiation of a safeguard investigation concerning imports of steel products, Official Journal of 
the European Union, C 111, 26 March 2018, p p. 29-35 ("Notice of Initiation "). 
3 Notification under Article 12.1(a) of the Agreement on Safeguards on initiation of an investigation and 
the reason for it, European Union (Certain steel products), G/SG/N/6/EU/1, 27 March 2018.  
4 Notice amending the not ice of initiation of a safeguard investigation concerning the imports of steel 
products, Official Journal of the European Union, C 225, 28 June 2018, pp. 54 -56 ("Amended Notice of 
Initiation "). 
5 Notification under Article 12.1(a) of the Agreement on Safeg uards on initiation of an investigation and 
the reason for it, European Union (Certain steel products), Supplement, G/SG/N/6/EU/1/Suppl.1, 
29 June 2018.  WT/DS595/1 • G/L/1355 • G/SG/D64/1  
 
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  1.2  Preliminary  determination  
3. On 16 July 2018, the European Union notified the WTO Committee on Safegua rds of its 
decision to impose provisional safeguard measures.6 On 17 July 2018, the European Union adopted 
a regulation imposing provisional safeguard measures ("EU provisional measures") on the imports 
of 23 out of the 28 product categories concerned.7 No provisional measures were imposed on product 
categories 10, 11, 19, 24 and 27 given that, according to the European Commission 's preliminary 
analysis, no increase in imports could be observed over the period concerned (i.e. 2013 -2017) for 
those five produ ct categories.8 Regarding the 23 other product categories, the European Commission 
concluded that there had been an increase of imports in absolute terms when examined on a global 
basis.9 Regarding the injury analysis, the European Commission examined the situation of the Union 
steel industry at a global level but also individually for the 23 product categories. The 
European  Commission concluded that although the Union steel industry had partially recovered for 
some product categories, the Union steel indus try was in a situation of threat of serious injury and 
that this situation was likely to develop into actual serious injury in the foreseeable future. Given 
the critical circumstances, the European Commission considered that provisional safeguard 
measures should be taken.10 
4. The EU provisional measures were imposed in the form of a tariff -rate quota (" TRQ") per 
product category, which was calculated on the basis of the average of the annual level of imports in 
the years 2015, 2016, and 2017.11 In the event tha t a respective TRQ would become exhausted, an 
additional duty of 25% on imports of that product category had to be paid.12 The EU provisional 
measures were applied for a duration of 200 days from the date of entry into force of the EU 
provisional measures.13  
5. The European Union exempted from the application of the EU provisional measures imports 
from developing countries (which are WTO Members), where the share of imports of a particular 
product from a developing country Member into the EU did not exceed 3% a nd the collective share 
of imports from such developing countries did not account for more than 9% of total EU imports of 
the product category concerned.14 Imports from the European Economic Area (EEA) countries 
(Norway, Iceland, and Liechtenstein) were als o exempted from the application of the EU provisional 
measures on account of the close integration of the EU and EEA markets, the overall figures of 
imports from these countries, and the low risk of trade diversion.15 
6.  On 13 November 2018, the European Unio n decided to exempt imports from South Africa 
from the application of the EU provisional measures. The European Union concluded that the 
exclusion of imports from South Africa from the scope of the EU provisional measures did not change 
the overall trends of imports for product categories 8 and 9, and did not alter the conclusions as 
regards the impact of other factors on the situation of the Union industry.16 
 
6 Notification under Article 12.4 of the Agreement on Safeguards before taking a provisional safeguard 
measure referred to in Article 6, Notification pursuant to Article 9, Footnote 2 of the Agreement on Safeguards 
(Certain steel products), European Union, G/SG/N/11/EU/1, 18 July 2018.  
7 Commission Implementing Regulation (EU) 2018/1013 of 17 July 2018 impo sing provisional safeguard 
measures with regard to imports of certain steel products, Official Journal of the European Union, L 181, 
18 July 2018, pp. 39 -83 ("EU Provisional Measures Regulation "). 
8 EU Provisional Measures Regulation, recital 24.  
9 EU Prov isional Measures Regulation, recitals 26 -29. 
10 EU Provisional Measures Regulation, recitals 69 and 96.  
11 EU Provisional Measures Regulation, recitals 93 and 98.  
12 EU Provisional Measures Regulation, recitals 99 and 111; Article 1(3).  
13 EU Provisional Mea sures Regulation, Article 1(1).  
14 EU Provisional Measures Regulation, recital 119. Annex IV to the EU Provisional Measures Regulation 
contains a list of products originating in developing countries to which the provisional measures apply.  
15 EU Provisional Measures Regulation, recital 121.   
16 Commission Implementing Regulation (EU) 2018/1712 of 13 November 2018 amending Implementing 
Regulation (EU) 2018/1013 imposing provisional safeguard measures with regard to imports of certain steel 
products, Official Journal of the European Union, L 28 6, 14 November 2018, pp. 17 -19 ("EU Amended 
Provisional Measures Regulation "), recitals 5 -6. WT/DS595/1 • G/L/1355 • G/SG/D64/1  
 
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  1.3  Definitive determination  
7. On 2 January 2019, the European Union notified the WTO Committee on Safegu ards of its 
intention to impose definitive measures and offered consultations to other WTO Members.17 On 
31 January 2019, the European Union adopted a regulation imposing definitive safeguard measures 
("the EU definitive measures") for a period of three yea rs, including the period of imposition of the 
provisional measures, the measures thereby being set to expire on 30 June 2021.18  
8. For the purposes of its definitive determination, the European Commission made an overall 
analysis of the increase in imports fo r the 28 product categories concerned as well as for each of the 
three product families that it had defined for that stage of the investigation.19 The EU definitive 
measures were imposed on 26 out of the 28 product categories, product categories 11 and 23 being 
excluded from the scope of the EU definitive measures due to the European Commission 's finding 
that imports of these two product categories had decreased in absolute terms from 2013 to the most 
recent period ("MRP"), i.e. July 2017 – June 2018.20 For the other 26 product categories, the 
European Commission concluded that there had been an increase of imports both in absolute and 
relative terms when examined on a combined basis as well as when examined at the level of each 
of the three product families. The  injury analysis was made by the European Commission on a 
combined basis as well as at the level of the three product families for the period 2013 - 2017. The 
European Commission concluded that the Union steel industry was in a situation of threat of serious 
injury and that the situation was likely to develop into actual serious injury in the foreseeable future, 
in the absence of safeguard measu res.  
9. The EU definitive measures were imposed in the form of a TRQ for each of the 26 product 
categories. The level of the TRQs was established on the basis of the average imports per product 
category in the period 2015 -2017 plus 5%.21 The European Union al located a country -specific TRQ 
to countries whose share of imports of a particular product category was more than 5% of the total 
imports of that product category, based on the volume of imports into the European Union over the 
last three years preceding t he imposition of the measures.22 All other countries whose imports to 
the European Union were below the 5% threshold were thus subject to a global TRQ which was 
established equally for each quarter of the period of imposition and available on a first -come -first-
served basis.23 For product category 1, the European Union established only a global TRQ.  
10. TRQs were established for the following three periods: from 2 February 2019 to 30 June 2019; 
from 1 July 2019 to 30 June 2020; and from 1 July 2020 to 30 June 20 21.24 Should any of the TRQs 
become exhausted in each of the periods, the European Union then levied an additional duty of 25% 
on any additional imports.25 An exporting country with a country -specific TRQ for a particular product 
category was also allowed to  use the global TRQ during the last quarter of each period.26  
11. The European Union provided for the progressive liberalisation of the definitive measures, by 
increasing the level of the TRQ by 5% after each year of application.27 However, that pace of 
liberal isation was reduced following a review investigation as will be explained below.  
12. The European Union excluded from the scope of the EU definitive measures imports from 
countries of the European Economic Area and from countries with which the European Union has 
signed an Economic Partnership Agreement that was currently in force. The European Union also 
 
17 Notification under Article 12.1(b) of the Agreement on Safeguards on finding a serious injury or threat 
thereof caused by increased imports, Notification of a proposal to impose a measure, Notification pursuant to 
Article 9, Footnote 2 of the Agreement on Safeguards, European Union (Certain Steel Products), 
G/SG/N/10/EU/1, 4 January 2019 and G/SG/N/10/EU/1/Suppl.1, 7 February 2019. 
18 Commission  Implementing Regulation (EU) 2019/159 of 31 January 2019 imposing definitive 
safeguard measures against imports of certain steel products, Official Journal of the European Union, L 31, 1 
February 2019, pp. 27 -74 ("EU Definitive Measures Regulation "). 
19 EU Definitive Measures Regulation, recitals 19 -22. 
20 EU Definitive Measures Regulation, recital 31.  
21 EU Definitive Measures Regulation, recital 144.  
22 EU Definitive Measures Regulation, Article 1(2) and recital 147.  
23 EU Definitive Measures Regulation, Arti cle 1(3) and recital 147.  
24 EU Definitive Measures Regulation, recital 187.  
25 EU Definitive Measures Regulation, Article 1(6), recitals 177 and 180.  
26 EU Definitive Measures Regulation, Article 1(5) and recital 150.  
27 EU Definitive Measures Regulation, A rticle 1(1) and recital 188.  WT/DS595/1 • G/L/1355 • G/SG/D64/1  
 
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  excluded imports from developing country WTO Members per product provided that they satisfied 
the conditions set out in Article 9.1 of the Agreement on Safegu ards.28 
13. On 26 April 2019, the European Commission published a Notice concerning the potential 
combined effects of anti -dumping or anti -subsidy measures with the safeguard measures on certain 
steel products,29 indicating its intention to assess the effects of  cumulating safeguard measures with 
anti-dumping and anti -subsidy measures. On 3 September 2019, the European Commission 
published a regulation so as to put in place measures to prevent the concurrent application with the 
safeguard measures of existing ant i-dumping and/or countervailing measures.30 In particular, the 
European Commission decided that for the product categories concerned, "the full above -quota tariff 
duty should be due, topped -up by the difference between the above -quota tariff duty and the le vel 
of the higher of the anti -dumping/anti -subsidy in place".31   
1.4  Review determinations  
14. On 17 May 2019, the European Commission initiated a review of the EU definitive measures32 
which was notified to the WTO Committee on Safeguards on 20 May 2019.33 Based on  the findings 
of this review, on 26 September 2019, the European Union adopted a regulation adjusting the 
definitive measures  ("EU adjusted definitive measures") in a number of respects.34 In particular, 
the European Union decided that the liberalisation r ate of the TRQ will be decreased from 5% to 
3%35. The European Union introduced a 30% maximum usage limit of the residual TRQ of the last 
quarter of each year per country for product categories 13 and 1636 and  decided that, for product 
category 1, no countr y shall be allowed to use more than 30 % of the TRQ available in each of the 
quarters.37 In addition, the European Union replaced the existing country -specific TRQs with a single 
global TRQ for product category 2538 and made imports falling under product cat egory 4.B subject 
to an end -use authorisation.39 Finally, the European Union amended the list of developing countries 
excluded from the scope of the safeguard measures by including within the scope of the measures 
certain developing countries exceeding the 3 % threshold of imports in 2018 per product category.40  
15. On 19 December 2019, the European Union notified the WTO Committee on Safeguards of its 
intention to further amend the definitive measures.41 On 15 January 2020, the European Commission 
 
28 EU Definitive Measures Regulation, recitals 190 -193. 
29 Notice concerning the potential combined effects of anti -dumping or anti -subsidy measures with the 
safeguard measures on certain steel    products, Official Journal of th e European Union, C 146, 26 April 2019, 
pp. 5-8. 
30 Commission Implementing Regulation (EU) 2019/1382 of 2 September 2019 amending certain 
Regulations imposing anti -dumping or anti -subsidy measures on certain steel products subject to safeguard 
measures, Of ficial Journal of the European Union, L 227, 3 September 2019 ( "Steel Products Double Remedy 
Regulation "), pp. 1 -25. 
31 Steel Products Double Remedy Regulation, recital 17.  
32 Notice of initiation concerning the review of the safeguard measures applicable to  imports of certain 
steel products, Official Journal of the European Union, C 169, 17 May 2019, pp. 9 -15 ("Notice of Review 
Initiation "). The five grounds of review included: (i) level and allocation of TRQ for a number of specific product 
categories; (ii)  crowding -out of traditional trade flows; (iii) potential detrimental effects in achieving the 
integration objectives pursued with preferential trading partners; (iv) update of the list of developing WTO 
member countries excluded from the scope of the meas ures based on their most recent level of imports; and 
(v) other changes of circumstances that may require an adjustment to the level of allocation of the TRQ.  
33 Notification under Article 12.1(c) of the Agreement on Safeguards upon taking a decision to in itiate a 
review investigation of a safeguard measure, European Union (Certain steel products), Supplement, 
21 May 2019, G/SG/N/10/EU/1/Suppl.2.  
34 Commission Implementing Regulation (EU) 2019/1590 of 26 September 2019 amending 
Implementing Regulation (EU) 2 019/159 imposing definitive safeguard measures against imports of certain 
steel products, Official Journal of the European Union, L 248, 27 September 2019, pp. 28 -64 ("EU Reviewed 
Definitive Measures Regulation "). Notification under Article 12.1(c) of the Agreement on Safeguards (review 
investigation of a measure), Notification pursuant to Article 9, footnote 2 of the Agreement on Safeguards, 
European Union, Supplement, 15 August 2019, G/SG/N/10/EU/1/Suppl.3 and 2 October 2019, 
G/SG/N/10/EU/1/Suppl.4.  
35 EU Reviewed Definitive Measures Regulation, Article 1(2)(b).  
36 EU Reviewed Definitive Measures Regulation, Article 1(1)(b).  
37 EU Reviewed Definitive Measures Regulation, Article 1(1)(a).  
38 EU Reviewed Definitive Measures Regulation, Article 1(1)(a).  
39 EU Reviewed Definitive Measures Regulation, Article 1(1)(a).  
40 EU Reviewed Definitive Measures Regulation, Article 1(2)(a).  
41 Notification under Article 12 of the Agreement on Safeguards, Euro pean Union, Supplement, 
G/SG/N/10/EU/1/Suppl.5, 19 December 2019.  WT/DS595/1 • G/L/1355 • G/SG/D64/1  
 
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  adopted a regu lation amending the definitive safeguard measures.42 In particular, the 
European  Commission withdrew the end -use authorisation procedure for product category 4.B and 
reallocated the TRQ volumes for Korea between product categories 4.A and 4.B.43 The 
European  Union notified these amendments to the WTO Committee on Safeguards on 
22 January  2020.44 
16. On 14 February 2020, the European Commission initiated a second review of the definitive 
safeguard measures.45   
17. The measures at issue in this dispute cover all decisions, notices, notifications and regulations 
mentioned above as well as any amendments, supplements, reviews, replacement, renewals, 
extensions, implementing measures or any other related measures taken by the European Union in 
relation to the investigation and/or the safeguard measures at issue.  
I. Legal Basis  
18. According to Article 11.1(a) of the Agreement on Safeguards, a Member shall not take or seek 
a safeguard action unless such action conforms with the pro visions of Article XIX of the GATT 1994 
applied in accordance with the Agreement on Safeguards.  
19. Turkey is deeply concerned by the safeguard measures imposed by the European Union on 
imports of certain steel products and the underlying investigation that le d to the imposition of those 
measures. Specifically, those measures are inconsistent with the European Union 's obligations under 
the GATT 1994 and the Agreement on Safeguards and in particular with:  
- Articles 2.1, 3.1, 4.1(b), 4.1(c), 4.2(a), 4.2(b), 4.2( c), 6 and 9.1 of the Agreement on 
Safeguards and Article XIX:1(a) of the GATT 1994, because the European Union failed 
to make reasoned and adequate findings and conclusions with respect to its 
determinations relating to the products concerned, the domestic  like products and the 
domestic industry. Among others, the European Union failed to define the products 
concerned in a consistent manner throughout the investigation and erred in imposing 
different safeguard measures on each of the product categories conc erned while it did 
not carry out its investigation for each of the product categories separately;  
- Articles  3.1 and 4.2(c) of the Agreement on Safeguards and Article XIX:1(a) of the 
GATT 1994, because the European Union failed to make reasoned and adequat e findings 
and conclusions with respect to its determinations as to the unforeseen developments 
and as to how those unforeseen developments resulted in increased imports of the 
products concerned threatening to cause serious injury to domestic producers;  
- Articles  3.1 and 4.2(c) of the Agreement on Safeguards and Article XIX:1(a) of the 
GATT 1994 because the European Union failed to make reasoned and adequate findings 
and conclusions with respect to its determinations as to the effect of the obligations 
incurred under the GATT 1994 and how that effect has resulted in increased imports of 
the products concerned threatening serious injury to domestic producers;  
- Articles  2.1, 3.1, 4.2(a), 4.2(b) and 4.2(c) of the Agreement on Safeguards and Article 
XIX:1(a)  of the GATT 1994 because the European Union failed to make reasoned and 
 
42 Commission Implementing Regulation (EU) 2020/35 of 15 January 2020 amending Implementing 
Regulation (EU) 2019/159 imposing definitive safeguard measures against imports of certain steel pr oducts, 
Official Journal of the European Union, L 12, 16 January 2020, pp.13 -16 ("EU Amendment of Reviewed 
Definitive Measures Regulation ").  
43 EU Amendment of Reviewed Definitive Measures Regulation, Article 1 and recital 7.  
44 Notification under Article 1 2 of the Agreement on Safeguards, European Union, Supplement, 
G/SG/N/10/EU/1/Suppl.6, 22 January 2020.  
45 Notice of initiation concerning a review of the safeguard measures applicable to imports of certain 
steel products, Official Journal of the European Un ion, C 51, 14 February 2020, pp. 21 -25 ("Notice of Second 
Review Initiation "). The five grounds of review include: (i) level and allocation of TRQ for a number of specific 
product categories; (ii) crowding -out of traditional trade flows; (iii) potential de trimental effects in achieving 
the integration objectives pursued with preferential trade partners; (iv) update of the list of developing WTO 
member countries excluded from the scope of the measures based on their most recent level of imports; and 
(v) othe r changes of circumstances that may require an adjustment to the level of allocation of the TRQ.  WT/DS595/1 • G/L/1355 • G/SG/D64/1  
 
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  adequate findings and conclusions in its determinations with respect to the increase in 
imports of the products concerned, in absolute terms or relative to domestic production;  
- Articles 2.1, 3.1, 4.1(b), 4.2(a), 4.2(b) and 4.2(c) of the Agreement on Safeguards 
and Article XIX:1(a) of the GATT 1994 because the European Union failed to make 
reasoned and adequate findings and conclusions with respect to its determinations as 
to the exis tence of a threat of serious injury to the domestic industry;  
- Articles  2.1, 3.1, 4.1(b), 4.2(a), 4.2(b) and 4.2(c) of the Agreement on Safeguards 
and Article XIX:1(a) of the GATT 1994, because the European Union failed to make 
reasoned and adequate findi ngs and conclusions with respect to its determinations of 
the causal link between the increase in imports and the threat of serious injury to the 
domestic industry. In particular, there are no reasoned and adequate findings and 
conclusions on the causal re lationship between the increased imports and the threat of 
serious injury to the domestic industry nor explanations as to how the threat of serious 
injury to the domestic industry caused by factors other than imports was not attributed 
to the increased imp orts; 
- Articles  2.1, 2.2, 3.1, 4.2, 5.1, 6 and 9.1 of the Agreement on Safeguards and 
Article  XIX:1(a) of the GATT 1994, because the European Union imposed the provisional 
and definitive safeguard measures on imports from certain countries only, excluding  
some developing countries as well as certain countries with which the European Union 
has concluded Free Trade Agreements. Furthermore, the European Union failed to 
respect the required parallelism between the substantive evaluation supporting its 
determin ations and the measures imposed;  
- Articles  3.1, 4.2(c), 5.1, 5.2 and 7.1 of the Agreement on Safeguards and 
Article  XIX:1(a) of the GATT 1994 because the European Union failed to determine the 
quotas and allocate them among countries having a substantial interest in supplying 
the products concerned in accordance with the requirements set therein. The European 
Union also imposed the safeguard measures beyond the extent necessary to prevent 
serious injury and to facilitate adjustment, among others because of  the measures it 
has taken with respect to imports of steel products which are subject to both 
anti-dumping or countervailing measures and the safeguard measures;  
- Articles  3.1, 4.2(c), 7.1 and 7.4 of the Agreement on Safeguards and Article XIX:1(a) 
of the GATT 1994, because, following the first review of the definitive measures, the 
European Union reduced the pace of liberalization of the definitive safeguard measures 
and made the safeguard measures more trade restrictive;  
- Article  I:1 of the GATT 1994 because, when imposing the safeguard measures, the 
European Union has exempted imports originating in certain countries from the scope 
of application of the measures, and this constitutes an advantage that has not been 
accorded immediately and unconditiona lly to the like products originating in other 
WTO Members;  
- Article  II:1(b) of the GATT 1994 because, through the imposition of the safeguard 
measures at issue, the European Union imposed other duties or charges contrary to the 
second sentence of that provision;  
- Article  XIII:1 and Article XIII:2, including paragraph (d ), of the GATT 1994, because 
the European Union imposed TRQs on imports from certain countries only and failed to 
allocate TRQs among the exporting countries, including countries having a substantial 
interest in supplying the products concerned, in accorda nce with the requirements set 
in the mentioned provisions.  
20. The European Union 's measures nullify and impair the benefits accruing to Turkey, directly or 
indirectly, under the covered agreements.  
21. Turkey reserves the rights to raise additional factual and le gal matters during the course of 
the consultations and in any future request for the establishment of a panel.  WT/DS595/1 • G/L/1355 • G/SG/D64/1  
 
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  22. Turkey looks forward to receiving the European Union 's reply to this request for consultations 
and to agreeing upon a mutually acceptable date fo r the consultations.   
 
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