A Legal Analysis of Safeguard Measures in the European Community

Abstract

In 2002, the European Community imposed its first safeguard measure since the establishment of the WTO. And in 2003, it introduced two new regulations on safeguard measures, namely the “Council Regulation on a transitional product- specific safeguard mechanism for imports originating in the People's Republic of China” and the “Council Regulation on measures that the Community may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures.” In this article, the author analyzes these safeguard measures and the European Commission's practice of such measures. By comparing the safeguard laws and their practice, it is the author's intention to clarify whether the safeguard measures in thIn 2002, the European Community imposed its first safeguard measure since the establishment of the WTO. And in 2003, it introduced two new regulations on safeguard measures, namely the “Council Regulation on a transitional product- specific safeguard mechanism for imports originating in the People's Republic of China” and the “Council Regulation on measures that the Community may take in relation to the combined effect of anti-dumping or anti-subsidy measures with safeguard measures.” In this article, the author analyzes these safeguard measures and the European Commission's practice of such measures. By comparing the safeguard laws and their practice, it is the author's intention to clarify whether the safeguard measures in the European Community comply with the WTO Agreement on Safeguards. In conclusion, based on the analysis of safeguard measures in the European Community's legal system and their practice in actual cases, it apparent that the European Community is making a serious effort to comply with the standards of the WTO Safeguards Agreement. In certain respects, the European Community has a comparatively higher level of standards than the WTO. Nevertheless, there continue to be challenges to WTO-compatibility in the European Community's safeguards, especially in terms of non-parallelism, the simultaneous imposition of a provisional safeguard measure at the initiation of a safeguard investigation, the vague meaning of regional safeguards, and so on.