The Safeguard Measures Legislation Of EU

Safeguard measure is a kind of administrative compulsory measure to protect its own interest from outer impact. Safeguard measures need two conditions, one is the free circulation of international trade developing to a certain extent, one is the level of international trade not balanced. The legislation of EU safeguard measures also need these two conditions, and it develops continuously under the influence of WTO Safeguard Measures Agreement and other nation’s legislation.The earliest EU safeguard measure legislation is seen in council regulation1766/1982and later in1994、2003、2009EU revised it according to the international situation and its own actual. Before Chinese entrance to WTO, safeguard measures investigation in the EU’s China product applied the94’s regulation for certain third countries. China joined WTO in2001, and according to the16th article of "protocol on the accession of PRC" and245th to250th section of [working party report]of china’s accession to the WTO:other WTO members based on this trip can formulate "Transitional product specific safeguard mechanism" for Chinese products before December11th,2013. So EU enact "Transitional product specific safeguard mechanism"(short for TPSSM) for Chinese products.Entering the year of2014, TPSSM has expired but EU has already revised newly safeguard measure regulations that are260/2009for WTO members and625/2009for certain third countries. The newest safeguard measure regulation is enacted at the background of global financial crisis and the new uprising social problems of EU. The newly revised regulation260/2009stipulates the actual needs、procedural needs etc of safeguard measure applications and it provides a good basis for studying the EU safeguard measure regulations.In the new era, China EU trade deputes is a "trade protection war" without any smoke。To win this war, we need to work from any aspects and Chinese government、enterprises、academics and all social communities should play its positive role. In specific, Chinese goverment should play a consultation role to get rid of the friction; enterprises should be positive to join the case; scholars need to educate more talented in the fields of international law and trade; social communities should provide more support for Chinese enterprises. If these four play in a joint-action mechanism, we could keep our uprising competitiveness and lead the Chinese economy in a healthy and sustainable way.