European Union — Safeguard Measures on Certain Steel Products

 

Short title:	EU — Safeguard Measures on Steel (Turkey)
Complainant:	Turkey
Respondent:	European Union
Third Parties (original proceedings):	Argentina; Brazil; Canada; China; India; Japan; Norway; Russian Federation; Korea, Republic of; Switzerland; Chinese Taipei; Ukraine; United Arab Emirates; United Kingdom; United States
Agreements cited: (as cited in request for consultations)	Art. II:1, III:1, III:2, XX:1(a)  GATT 1994 Art. 2.1, 2.2, 3.1, 4.1(b), 4.1(c), 4.2, 4.2(a), 4.2(b), 4.2(c), 4.10, 6, 7.1, 7.4, 9.1  Safeguards
Agreements cited: (as cited in panel request)	Art. I:1, II:1(b), XIII:1, XIII:2, XIX:1  GATT 1994 Art. 2.1, 2.2, 3.1, 4.1(a), 4.1(b), 4.1(c), 4.2(a), 4.2(b), 4.2(c), 5.1, 5.2, 6, 7.1, 7.4, 9.1  Safeguards
Consultations requested:	13 March 2020
Panel requested:	16 July 2020
Panel established:	28 August 2020
Panel composed:	30 September 2020
Panel report circulated:	29 April 2022 (adopted on 31 May 2022 )

 

Summary of the dispute to date

 

The summary below was up-to-date at 17 February 2023 

 

Consultations

 

Complaint by Turkey

 

On 13 March 2020, Turkey requested consultations with the European Union 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.

 

Turkey claimed that the measures appear to be inconsistent with:

 

- Articles 2.1, 2.2, 3.1, 4.1(b), 4.1(c), 4.2, 4.2(a), 4.2(b), 4.2(c), 5.1, 5.2, 6, 7.1, 7.4 and 9.1 of the Agreement on Safeguards; and

  

- Articles I:1, II:1(b), XIII:1, XIII:2 and XIX:1(a) of the GATT 1994.

 

Panel and Appellate Body proceedings

 

On 16 July 2020, Turkey requested the establishment of a panel. At its meeting on 29 July 2020, the DSB deferred the establishment of a panel.

 

At its meeting on 28 August 2020, the DSB established a panel. Argentina, Brazil, Canada, China, India, Japan, Korea, Norway, the Russian Federation, Switzerland, Chinese Taipei, Ukraine, the United Arab Emirates, the United Kingdom and the United States reserved their third-party rights.

 

Following the agreement of the parties, the panel was composed on 29 September 2020.

 

On 12 March 2021, the Chair of the panel informed the DSB that, taking into account the working procedures and the timetable prepared in consultation with the parties, the panel did not expect to issue its final report to the parties before the second half of 2021. The Chair indicated that this was due to the complexity and magnitude of the case and the need to ensure that the parties had sufficient time to prepare and present their cases, particularly given the challenges caused by the global COVID-19 pandemic.  The panel issued its final report to the parties on 10 December 2021, and informed the parties that it would circulate the report on 21 December 2021. On 20 December 2021, Turkey asked the panel to suspend its work under Article 12.12 of the DSU. On 19 January, 9 February and 23 February 2022 Turkey asked the panel to extend the suspension of its work. The panel granted all of these requests.

 

On 22 March 2022, the parties jointly communicated to the panel and to the DSB that they had agreed on procedures for arbitration under Article 25 of the DSU (WT/DS595/10). Through those agreed procedures, the European Union and Turkey jointly requested the Panel to extend indefinitely the suspension of its work pursuant to Article 12.12 of the DSU, except to the extent necessary to effect certain joint requests of the parties. The Panel granted that request. The European Union and Turkey also agreed that if by 25 April 2022 neither party gave notice of recourse to arbitration pursuant to those agreed procedures, the Panel should then resume its work. Neither party gave notice of recourse to arbitration by that deadline. Therefore, the Panel resumed its work and on 29 April 2022 it circulated its final report.

 

On 29 April 2022, the panel report was circulated to Members.

 

At its meeting on 31 May 2022, the DSB adopted the panel report.

 

Reasonable period of time

 

On 5 August 2022, Türkiye and the European Union informed the DSB that they had agreed pursuant to Article 21.3(b) of the DSU, that the reasonable period of time for the European Union to implement the DSB's recommendations and rulings would be 7 months and 16 days. Accordingly, the reasonable period of time was set to expire on 16 January 2023.

 

Implementation of adopted reports

 

On 16 January 2023, the European Union informed the DSB pursuant to Article 21.6 of the DSU of its compliance with the DSB's recommendations and rulings in this dispute. The European Union explained that on 13 January 2023, the European Union adopted Commission Implementing Regulation (EU) 2023/104, which entered into force on 14 January 2023, amending Commission Implementing Regulation (EU) 2019/159 imposing a definitive safeguard measure on imports of certain steel products. The European Union submitted that through the adoption and entry into force of this Regulation, it had fully implemented the DSB's recommendations and rulings in this dispute.