A. Text of the Preamble
B. Interpretation and application of the Preamble

II. Article 1 back to top

A. Text of  Article 1
B. Interpretation and application of Article 1

1. Relationship between the Agreement on Safeguards and Article XIX of the GATT 1994

III. Article 2 back to top

A. Text of  Article 2
B. Interpretation and application of  Article 2

1. Article 2.1

(a) Relationship between Article 2.1 of the Agreement on Safeguards and Article XIX of GATT 1994
(b) Findings under Article 4 and under Article 2
(c) “that such product is being imported …in such increased quantities”

(i) Quantity versus value of imports
(ii) Relationship between Article 2.1 and Article 4.2
(iii) Nature and timing of the increase in imports

(d) “and under such conditions”
(e) Scope of application of a safeguard measure in the case of a regional trade agreement
(f) Relationship with other Articles

2. Article 2.2

(a) Scope of application of safeguard measures in the case of regional trade agreements
(b) Relationship with other Articles

IV. Article 3 back to top

A. Text of  Article 3
B. Interpretation and application of  Article 3

1. Article 3.1

(a) “investigation”
(b) “shall publish a report”
(c) “on all pertinent issues of law and fact”
(d) Relationship with other Articles
(e) Relationship with other WTO Agreements

2. Article 3.2

(a) Confidential information

3. General

(a) Absence of a claim under Article 3
(b) Relationship with other WTO Agreements

V. Article 4 back to top

A. Text of  Article 4
B. Interpretation and application of  Article 4

1. Article 4.1(a)

(a) “serious injury” as “significant overall impairment”
(b) “current” serious injury

2. Article 4.1(b)

(a) Serious injury “that is clearly imminent”; determination of a threat of serious injury “based on facts and not merely on allegation, conjecture or remote possibility”
(b) Increased imports as a prerequisite for a determination of threat of serious injury
(c) Relationship between a determination of the existence of serious injury and a determination of the existence of a threat of serious injury
(d) Relationship with other Articles

3. Article 4.1(c)

(a) “domestic industry”–“producers as a whole…of the like…products”
(b) “those whose collective output…constitutes a major proportion”
(c) Relationship with other Articles

4. Article 4.2(a)

(a) “shall evaluate all relevant factors”

(i) Relationship between the requirement to evaluate all relevant factors and the definition of serious injury in Article 4.1(a)
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”
(vi) “Rate and amount” of the increase; “changes” in the level of sales
(vii) “productivity”
(viii) Factors not listed in Article 4.2(a)
(ix) Consideration of “all relevant factors” in the case of a segmented domestic industry
(x) Consideration of trends
(xi) Allocation methodology

(b) Relationship with other Articles

5. Article 4.2(b)

(a) General approach to the causation analysis

(i) Coincidence of trends
(ii) Conditions of competition between imported and domestic products
(iii) Factors other than increased imports

(b) Relationship with other Articles

6. Article 4.2 (c)

(a) Relationship with other Articles

VI. Article 5 back to top

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 WTO Agreements

VII. Article 6 back to top

A. Text of  Article 6
B. Interpretation and application of  Article 6

1. Relationship with other Articles

VIII. Article 7 back to top

A. Text of  Article 7
B. Interpretation and application of  Article 7

1. Article 7.4

IX. Article 8 back to top

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 WTO Agreements

X. Article 9 back to top

A. Text of  Article 9
B. Interpretation and application of  Article 9

XI. Article 10 back to top

A. Text of  Article 10
B. Interpretation and application of  Article 10

XII. Article 11 back to top

A. Text of  Article 11
B. Interpretation and application of  Article 11

1. Article 11.1(a)

(a) Relationship between the Agreement on Safeguards and Article XIX of GATT 1994
(b) Relationship with other Articles
(c) Relationship with other WTO Agreements

2. Article 11.2

XIII. Article 12 back to top

A. Text of  Article 12
B. Interpretation and application of  Article 12

1. Notification formats adopted by the Committee on Safeguards
2. Article 12.1

(a) “shall immediately notify”
(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. Relationship with other WTO Agreements
7. Article 12.6
8. Article 12.7

XIV. Article 13 back to top

A. Text of  Article 13
B. Interpretation and application of  Article 13

1. General

(a) Rules of procedure
(b) Observers

2. Article 13.1

XV. Article 14 back to top

A. Text of  Article 14
B. Interpretation and application of  Article 14

XVI. Annex back to top

A. Text of the Annex
B. Interpretation and Application of the Annex