Safeguard investigations

What does the investigation involve?

A safeguard investigation must normally be completed within 9 months but, in exceptional circumstances, may be extended to 11 months.

The investigation examines:

• import trends;
• the conditions in which they take place, and;
• whether they cause (or threaten to cause) serious injury to EU producers.

Safeguard measures are imposed via a regulation published in the EU’s Official Journal.

When can safeguard measures be imposed?

If the investigation shows that imports have increased so much that they cause (or threaten to cause) serious injury to EU producers.

Which safeguard measures can be imposed?

Safeguard measures can take various forms, e.g. increased customs duties or quotas (including tariff quotas). Quotas are normally set at the average level of imports over the last three representative years.

• Provisional measures may be imposed in critical circumstances (for a maximum of 200 days) and if a preliminary determination provides clear evidence of injury or impending injury.
• Definitive measures may be imposed for four years (including the duration of any provisional measures) – and can be extended, to a maximum of eight years.

Who do the measures apply to?

Measures apply to imports from all countries without discrimination, although developing countries with low import shares can be excluded.

How does the consultation procedure and decision-making process work?

Where there is sufficient evidence, the Commission initiates an investigation following a request from an EU Member State. If safeguard measures are justified, the Commission submits a proposal containing the main conclusions of the investigation to the Safeguard Committee (representatives of each EU Member State), which has to cast a vote. For definitive measures to enter into force, a qualified majority in favour is required in the Committee.