G/L/1360  
G/SG/246  
 
23 June 2020 
(20-4381) Page: 1/2 
Council for Trade in Goods  
Committee on Safeguards  
 Original: English  
 
 
REQUEST UNDER ARTICL E 13.1(E) OF THE AGR EEMENT ON SAFEGUARDS  
REQUEST FROM THE EUROPEAN UNION CONCERNING  
TURKEY'S PROPOSED SUSPENSION OF CONCES SIONS OR OTHER OBLIG ATIONS  
EUROPEAN UNION 
The following communication, dated 23 June 2020, is being circulated at the request of the 
delegation of the European Union . 
 
_______________  
 
 
Without prejudice to the rights or obligations under the WTO covered agreements and pursuant to 
Article 13.1(e) of the Agreement on Safeguards, the European Union hereby requests the Committee 
on Safeguards to review whether Turkey's proposal to suspend concessions or other obligations is 
"substantially equivalent" and to report as appropriate to the Council for Tra de in Goods.  
1  BACKGROUND  
On 19 July 2018 the European Union introduced provisional safeguard measures on imports of 
certain steel products by means of Commission Implementing Regulation (EU) 2018/1013. On 
1 February  2019, the European Union published Commis sion Implementing Regulation (EU) 
2019/159 of 31 January 2019 imposing definitive safeguard measures against imports of certain 
steel products. The definitive measures have been effective since 2 February 2019 and are scheduled 
to apply until 30 June 2021.  The EU notified to the WTO the imposition of both the provisional and 
definitive measures respectively in documents G/SG/N/7/EU/1  - G/SG/N/11/EU/1  – 
G/SG/N/11/EU/1/Suppl.2  dated 16  July 2018 and 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. In these notifications, 
the EU provided information on the existence of an absolute increase in imports.  
On 17 May 2019, the EU initiated a review investigation of the safeguard measures.1 Based on the 
findings of this review, the EU amended the safeguard measures as of 1 October 2019.2 
On 14 February 2020, the EU initiated a review investigation of the safeguard measures.3 Based on 
the findings of this review, the proposed date f or the entry into force of the adjustments to the 
measures is 1 July 2020 .4 
 
1 Notified to the WTO in document G/SG/N/10/EU/1 /Suppl.2 , dated  20 May 2019 and circulated 
21 May 2019. 
2 Notified to the WTO in document s G/SG/N/10/EU/1/Suppl.3  - G/SG/N/11/EU/1/Suppl.3  dated 
12 August  2019 and circulated 15 August 2019 , and G/SG/N/10/EU/1/Suppl.4  - G/SG/N/11/EU/1/Suppl.4  
dated  1 October 2019 and circulated 2 October 2019 . 
3 Notifie d to the WTO in document G/SG/N/10/EU/1/Suppl.6 , dated and circulated 22 January 2020.  
4 Notified to the WTO in document G/SG/N/10/EU/1/Suppl.7 , dated 29 May 2020 and circulated 
2 June 2020.  G/L/1360 • G/SG/246  
 
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  2  NOTIFICATION BY TURK EY 
In a communication dated 22 May 2020, Turkey notified to the Council for Trade in Goods the 
proposed suspension of concessions and other obligations referred  to in paragraph 2 of Article 8 of 
the WTO Agreement on Safeguards5 consisting of an increase in duty on selected products originating 
in the EU, as indicated in Annex I of that notification. Turkey calculated what it considers to be 
substantially equivale nt concessions or other obligations under the GATT 1994 as indicated in 
Annex  II of that notification. Turkey stated that it reserved its right to apply the proposed suspension 
of concessions "after 30 days following the date of publication" of the notific ation.  
3  EUROPEAN UNION'S REQ UEST  
In the EU's view, Turkey is in breach of Article 8.3 of the Agreement on Safeguards, since it exercises 
its right of suspension during the first three years that a safeguard measure is in effect even though 
the safeguard measure has been taken as a result of an absolute increase in imports. Moreover, the 
condition that the safeguard conforms to the provisions of the Agreement on Safeguards is also met 
given that the Dispute Settlement Body has not adopted a repor t that the safeguard measure is 
WTO inconsistent.  
Without prejudice to the above, the European Union also has serious doubts that the suspension of 
concessions and other obligations proposed by Turkey is substantially equivalent as required in 
Article 8.2 of the Agreement on Safeguards, considering that the substantially equivalent 
concessions cannot be calculated based on exports to the EU in 2018, the year when a provisional 
safeguard measure already applied.  
Pursuant to Article 13.1(e) of the Agreement o n Safeguards, the European Union requests that the 
Committee on Safeguards review whether the suspension of concessions or other obligations 
proposed by Turkey is "substantially equivalent" as provided for in Article 8.2 of the Agreement on 
Safeguards. The  European Union also requests that the Committee report its findings to the Council 
for Trade in Goods.  
 
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5 Notified to the WTO in document G/L/1359  - G/SG/N/12/TUR/9 , dated 22 May 2020 and circulated on 
25 May 2020.