The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Secretariat in Geneva.
Also in this section:
- Preamble
- Article 1
- Article 2
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- Article 10
- Article 11
- Article 12
- Article 13
- Article 14
- Annex
- Other
Table of contents
A. Text of the Preamble
B. Interpretation and Application
of the Preamble
A. Text of Article 1
B. Interpretation and
Application of Article 1
1. Relationship with Article XIX of the GATT 1994
(a) General
A. Text of Article 2
B. Interpretation and
Application of Article 2
1. General
2. Article 2.1
(a) Relationship with Article XIX of the GATT 1994
(b) Findings under Article 4 and Article 2
(c) “that such product is being imported … in such increased quantities”
(i) Relevance of quantity versus value of imports
(ii) Relationship between Article 2.1 and Article 4.2(a)
(iii) Nature and timing of the increase in imports
(iv) Absolute or relative increase in imports
(d) “and under such conditions”
(e) The relevance of price analysis when assessing the situation of the domestic industry
(f) Scope of application of a safeguard measure in the case of a regional trade agreement
(g) Parallelism
(h) “cause or threaten to cause serious injury”
(i) Necessity of discrete determination of serious injury or of threat of serious injury
(i) Relationship with other Articles
(j) Relationship with other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements
(i) Article XXIV of the GATT 1994
3. Article 2.2
(a) Scope of application of safeguard measures in the case of regional trade agreements
(b) Relationship with other Articles
(c) Relationship with other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements
A. Text of Article 3
B. Interpretation and
Application of Article 3
1. General
(a) Absence of a claim under Article 3
2. Article 3.1
(a) “i²Ô±¹±ð²õ³Ù¾±²µ²¹³Ù¾±´Ç²Ô”
(i) Duty of national authorities
(ii) The conduct of the investigation — the obligation to consult interested parties
(b) Internal decision-making process prior to determination
(i) “To publish” versus “to make publicly available”
(ii) Reasoned conclusions
(iii) “on all pertinent issues of law and fact”
(iv) Format of the report
(d) Relationship with other paragraphs of Article 3
(e) Relationship with other Articles
(f) Relationship with other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements
(i) Article XIX of the GATT 1994
3. Article 3.2
(b) Relationship with other paragraphs of Article 3
(c) Relationship with other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements
(i) Articles 11 and 13 of the DSU
A. Text of Article 4
B. Interpretation and
Application of Article 4
(a) “serious injury” as “significant overall impairment” in the position of the domestic industry
(i) “serious injury” as a high standard of injury
(ii) Evaluation of all injury factors
(b) Increased imports as a prerequisite for a determination of threat of serious injury
(d) Relationship with Article 4.1(c)
(a) “domestic industry” — “producers as a whole … of the like or directly competitive products”
(b) “those whose collective output … constitutes a major proportion”
(c) Relationship with other Articles
(a) “shall evaluate all relevant factors”
(ii) “All” relevant factors — factors relating to imports and factors relating to the domestic industry
(iii) Requirement to consider all factors listed in Article 4.2(a)
(iv) Standard of review
(v) “of an objective and quantifiable nature”
Nature and temporal focus of data in a threat analysis
(vi) “Rate and amount” of the increase; “changes” in the level of sales
(vii) Ëð°ù´Ç»å³Ü³¦³Ù¾±±¹¾±³Ù²â”
(viii) Factors not listed in Article 4.2(a)
(ix) Consideration of “all relevant factors” in the case of a segmented domestic industry
(b) Relationship with Article 4.2(b)
(a) General approach to the causation analysis
(ii) Conditions of competition between imported and domestic products
(iii) Factors other than increased imports (non-attribution requirement)
(b) Relationship with other Articles
(c) Relationship with other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements
(a) Relationship with other Articles
A. Text of Article 5
B. Interpretation and
Application of Article 5
1. Article 5.1
(a) Scope of requirement to explain the necessity of a safeguard measure
(b) Adjustment plans
(c) Relationship with other Articles
(d) Relationship with other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements
(i) GATT 1994
2. Article 5.2
(a) Article 5.2(b)
(i) “the departure referred to above shall not be permitted in the case of threat of serious injury”
A. Text of Article 6
B. Interpretation and
Application of Article 6
1. Relationship with other Articles
A. Text of Article 7
B. Interpretation and
Application of Article 7
1. Article 7.2
2. Article 7.4
A. Text of Article 8
B. Interpretation and
Application of Article 8
1. Article 8.1
(a) “in accordance with the provisions of paragraph 3 of Article 12”
(b) Relationship with other Articles
(c) Relationship with other °ÄÃÅÁùºÏ²Ê¹ÙÍø×ÊÁÏ Agreements
2. Article 8.2
(a) Extensions of time-limits under Article 8.2
(b) Table of Article 8.2 invocations
1. Article 8.3
(a) “absolute increase in imports”
A. Text of Article 9
B. Interpretation and
Application of Article 9
1. Article 9.1
(a) Exclusion of developing country exporting less than “de minimis” levels
A. Text of Article 10
B. Interpretation and
Application of Article 10
A. Text of Article 11
B. Interpretation and
Application of Article 11
(a) Relationship with Article XIX of the GATT 1994
(b) Relationship with other Articles
3. Article 11.2
A. Text of Article 12
B. Interpretation and
Application of Article 12
1. General
(a) Notification formats adopted by the Committee on Safeguards
(b) Notification under Article 12: document series
2. Article 12.1
(a) “shall immediately notify”
(i) “Immediate” notification under Article 12.1(a)
(ii) “Immediate” notification under Article 12.1(b)
(iii) “Immediate” notification under Article 12.1(c)
(b) Content of notifications under Article 12.1(a)
3. Article 12.2
(a) “all pertinent information”
(b) Notification of a proposed safeguard measure
4. Article 12.3
(a) “adequate opportunity for prior consultations”
5. Relationship with other Articles
(a) Articles 2 and 4
(b) Article 7
6. Article 12.5
7. Article 12.6
8. Article 12.7
9. Other notification requirements
A. Text of Article 13
B. Interpretation and
Application of Article 13
1. General
(b) observers
2. Article 13.1
A. Text of Article 14
B. Interpretation and
Application of Article 14
1. Articles of the Agreement on Safeguards invoked in panel and Appellate Body proceedings
A. Text of the Annex
B. Interpretation and
Application of the Annex
A. Accession Protocol of China Transitional Safeguard
B. Interpretation and Application
1. Procedural requirements for transitional safeguards under Paragraph 16
2. General
(a) Standard of review under Paragraph 16
(b) Burden of proof
(a) Paragraphs 16.1 and 16.4 as context for each other
(b) Notifications
4. Paragraph 16.3: “to the extent necessary”
(a) Determination of “market disruption” and material injury
(b) Period of investigation and data analysis
(b) “increasing rapidly, either absolutely or relatively”
(b) Causation
(i) General
(iii) Causation analysis required by Paragraph 16 of the Protocol