IMMEDIATE
NOTIFICATION UNDER ARTICLE 12.5 OF THE AGREEMENT
ON SAFEGUARDS TO THE COUNCIL FOR TRADE IN GOODS OF
PROPOSED SUSPENSION OF CONCESSIONS AND OTHER
OBLIGATIONS REFERRED TO IN PARAGRAPH 2
OF ARTICLE 8 OF THE AGREEMENT
ON SAFEGUARDS
Brazil
The
following communication, dated and received on 16 January 2026, is being
circulated at the request of the delegation of Brazil.
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Pursuant to Article 12.5 of the Agreement on
Safeguards (hereinafter AS), and in accordance with the agreed format for
notifications (_G/SG/1, 1 July 1996; amended 19 October 2009, _G/SG/1/Rev.1 ‑ _G/SG/N/6/Rev.1 - _G/SG/89), Brazil provides the present immediate
notification to the Council for Trade in Goods of the proposed suspension of
concessions and other obligations referred to in paragraph 2 of Article 8 of
the Agreement on Safeguards.
Notwithstanding the reservation of rights in
this notification, Brazil remains committed to reaching a positive outcome
through an ongoing dialogue with the European Union.
1. Which Member is proposing suspension of
concessions and other obligations referred to in Article 8.2.
Brazil.
2. Specify the measure, the product subject
to the measure, the WTO document that notified the safeguard measure, and the
Member imposing the measure in relation to which the Member is proposing
suspension of concessions and other obligations referred to in Article 8.2.
On 12 November 2025, the European Union
submitted to the WTO Committee on Safeguards a notification pursuant to Article
12 of the Agreement on Safeguards concerning a finding of serious injury or
threat thereof and a proposed safeguard measure regarding imports of certain
ferro-alloying elements (_G/SG/N/8/EU/2 - _G/SG/N/10/EU/2 - _G/SG/N/11/EU/2).
The products subject to the measure are four
alloying elements, namely (i) ferro-manganese (HS and CN codes 7202 11,
7202 19), (ii) ferro-silicon (HS and CN codes 7202 21, 7202 29), (iii) ferro-silico-manganese
(HS and CN code 7202 99 30) and (iv) ferro-silico-magnesium (HS and CN
code 7202 30).
The measures consist of specific TRQ per
product type allowing a certain volume of imports to enter free of duty and a
tariff increase for imports exceeding the quota volumes. The quotas are
allocated to all origins with specific quotas for countries having a
substantial interest. The out of quota duty is established by reference to the
difference between an established price threshold and the actual import price.
3. Describe the proposed suspension of
concessions and other obligations referred to in Article 8.2, and the proposed
date from which it will come into effect.
Brazil hereby reserves its right to suspend
the application of substantially equivalent concessions or other obligations
under GATT 1994 to the trade of the European Union, pursuant to Article 8 of
the Agreement on Safeguards.
The proposed suspension will take the form of
an increase in duties and/or an imposition of a quota on selected industrial
and/or agricultural products originating in the European Union. The details of
the suspension of concessions or other obligations under GATT 1994 will be
provided to the Council for Trade in Goods before its application.
The proposed suspension will come into effect
within the timeframes foreseen in Article 8 of the Agreement on Safeguards, and
it will continue to apply until the European Union's safeguard measure is
lifted, or until an agreement on any adequate means of trade compensation,
pursuant to Article 8.1 of the Agreement on Safeguards, for the adverse effects
of the measure is reached.
Brazil reserves the right to withdraw, modify,
supplement or replace this notification and/or make a further notification or
notifications, should it deem that appropriate, including in light of any
subsequent developments.
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