The Safeguard Instrument
implemented consistently. However, the EU should take into account both the Union interest and development policy considerations throughout the decision-making process. -
Safeguards in third countries are not always imposed in accordance with WTO rules. Some industries report that they are regularly confronted with safeguard investigations or measures, sometimes of a retaliatory nature, in third countries. The EU should closely monitor the use of safeguards by third countries in consultation with industry and, in the event of new investigations, support the EU companies concerned in taking decisive action against obviously illegal and improper measures (for example, dispute settlement procedures).
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The notification of safeguards to the WTO and the transparency this creates is of great importance to allow foreign trade to adapt to the changed situation and, if necessary, to participate in investigation proceedings as early as possible. BDI considers the notification of safeguards to the WTO to be necessary. It is in fact problematic that not all countries comply with their notification obligation. A more effective enforcement mechanism including stronger incentives for notification should be implemented by the WTO.
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