REPORT (2014) OF THE COMMITTEE ON SAFEGUARDS

to the council for trade in goods

(ADOPTED 27 OCTOBER 2014)

1  general

1.  The Committee on Safeguards performs the functions set out in Article 13 of the Agreement on Safeguards. This report is submitted in accordance with Article 13.1(a) of the Agreement, which requires the Committee to report annually to the Council for Trade in Goods on the general implementation of the Agreement. The report covers the period 23 October 2013 – 27 October 2014 ("period under review").

2.  During the period under review, the Committee held two regular meetings, on 28 April 2014 (G/SG/M/45) and 27 October 2014 (G/SG/M/46) as well as an informal meeting on 16 July 2014. 

3.  Observer governments in the General Council of the WTO have observer status in the Committee. Pursuant to their Agreements with the WTO, the IMF and the World Bank have observer status in the Committee as well. UNCTAD has observer status through a Committee decision. At its regular meetings in 1998, the Committee decided to invite the ACP Group and the OECD to attend Committee meetings on an ad hoc basis.

4.  At its April 2014 meeting, the Committee elected Ms Kim Kampel as Chairperson, and Mr Mitsuhiro Fukuyama as Vice-Chairperson.

2  notification and examination of safeguards laws and/or regulations of members

5.  During the period under review, the Committee continued its review of notifications under Article 12.6 of the Agreement concerning national legislation and/or regulations in the area of safeguards. For Members with such legislation and/or regulations, these notifications consist of the full and integrated text thereof. For Members without such legislation and/or regulations, these notifications inform the Committee of this fact.

6.  As of 27 October 2014, one hundred and eleven (111) Members had notified the Committee of their safeguards legislation and/or regulations or made communications in this regard to the Committee (G/SG/N/1/... series; see Annex 1). Twenty-two (22) Members had not as of that date made such a notification. The Chairperson reminded the Committee of the importance of such notifications (G/SG/M/45 and G/SG/M/46).

7.  During the period under review, the Committee reviewed the notified (new or amended) legislative texts of the following Members: Belize, Cameroon, Chile, Congo, European Union, the Gambia, Mexico, Montenegro, Papua New Guinea, Russia, Sierra Leone, Chinese Taipei, and Turkey.

8.  The substance of the review of legislative notifications is reflected in written questions put to Members and written answers to those questions. References to the questions and answers pertaining to each notification can be found in the minutes of the meetings at which the notifications were reviewed (G/SG/M/45 and G/SG/M/46).

3  notifications of actions related to safeguard measures

9.  During the period under review, the Committee received and reviewed a variety of notifications of actions related to safeguard measures. The notifications of initiations, the application of safeguard measures, and the termination of investigations without measures received by the Committee during the period under review are summarized in Annex 2. A record of investigations underway and measures applicable as of 24 October 2014 is set forth in Annex 3.

10.  Members' comments concerning these notifications can be found in the minutes of the meetings at which they were reviewed (G/SG/M/45 and G/SG/M/46). Members' written questions and answers concerning these notifications can be found in the G/SG/Q2/… series.

4  DISCUSSION GROUP REGARDING SAFEGUARD PROCEEDINGS

11.  At its April 2014 meeting, the Committee had a discussion under an item entitled "Discussion Group Regarding Safeguard Proceedings". A Member recalled the background of this discussion group and informed the Members that the discussion group meeting would take place after the Committee meeting. Another Member suggested that some topics taken up in the informal discussions could be discussed in the framework of the Committee. The Chair convened an informal meeting on 16 July 2014 to allow members to discuss the issue further and raise any concerns. In general terms, proponents indicated they envisioned the identification of topics on which Members could volunteer to submit papers to form the basis for informal discussions. Though there was support for the idea, some delegations still held concerns or indicated they would appreciate further clarifications. The Chairperson suggested that the Members continue to reflect further on this issue, leaving the issue to be taken forward by Members as and when they deemed appropriate. 

5  other issues Raised

12.  At the Committee's April 2014 meeting, the following discussions took place.

13.  Under an agenda item requested by three Members, those Members asked for clarification regarding certain un-notified actions by another Member. At the same meeting, the following discussions took place under "Other Business": (i) A Member proposed that the Committee hold a seminar on notifications. (The Committee held an informal meeting on 16 July 2014 to discuss the idea. Members had no objection to the seminar being held back-to-back with the October 2014 meeting of the Committee.) (ii) Several Members expressed concerns about three safeguards investigations each conducted by different Members. (iii) One Member sought clarification regarding legislative notification of another Member.  

14.  At the meeting of October 2014, the following discussions took place.

15.  Under an agenda item requested by it, one Member asked for clarification regarding certain un-notified actions by another. This Member, under another item it requested, also asked for clarification regarding lack of notification of certain legislation by another Member. At the same meeting, the following discussions took place under "Other Business": (i) Several Members expressed concerns about safeguards investigations each conducted by different Members. (ii) The Chair, for purpose of transparency, reported back to Members on the informal open-ended consultations held on 16 July 2014, following on the spring 2014 regular meeting. The consultations related firstly, to the idea to extend the work of the informal discussion group on safeguard proceedings; secondly, to the seminar on safeguard notifications. She reminded Members of the outcomes of such consultations, as contained in a fax to Members dated 28 July 2014. She also drew Members' attention to the details of the seminar on notifications, which was to be held immediately after the Committee meeting.

ANNEX 1

SAFEGUARDS LEGISLATIVE NOTIFICATIONS^[1]

(Notifications submitted as at 27 October 2014)

- Notification accompanied with the mark (*) is a "nil" notification.

- "None" means that no notification has been submitted.

ANNEX 2

SUMMARY OF VARIOUS NOTIFICATIONS BETWEEN

19 OCTOBER 2013 – 24 OCTOBER 2014^[2]