DS: European Communities — Provisional Safeguard Measures on Imports of Certain Steel Products

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.


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Summary of the dispute to date

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Complaint by the United States.

On 30 May 2002, the US requested consultations with the EC with regard to the provisional safeguard measures imposed by the EC on imports of certain steel products, pursuant to Commission Regulation (EC) No 560/2002 of 27 March 2002 (OJ L 85/1, 28 March 2002) as well as any amendments thereto or extensions thereof, and any related measures.

The US contended that these measures appear to be inconsistent with the EC’s obligations under the provisions of GATT 1994 and of the Agreement on Safeguards, in particular, Articles 2.1, 2.2, 3, 4.1, 4.2, 6 and 12.1 of the Agreement on Safeguards and Article XIX:1(a) of the GATT 1994.

On 7 June 2002, Japan requested to join the consultations.

On 19 August 2002, the US requested the establishment of a panel. In particular the US claimed that the EC safeguard measures are inconsistent with the provisions listed in the request for consultations. In addition, the US claimed that Article 12.4 of the Safeguards Agreement was also violated.

At its meeting on 30 August 2002, the DSB deferred the establishment of a panel.


Panel and Appellate Body proceedings

At its meeting on 16 September 2002, the DSB established a panel. Egypt, Japan and Korea reserved their third party rights. On 23 September 2002, Turkey reserved its third party rights.


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