The Report of the Appellate Body in Indonesia – Safeguard on Certain Iron or Steel Products (DS490)

To be a safuguard measure, a measure "provided for in Article XIX", it must suspend, in whole or in part, a GATT obligation or withdraw or modify a GATT concession. In addition, the suspension, withdrawal, or modification in question must be designed to prevent or remedy serious injury to the Member's domestic industry caused or threatened by increased imports of the subject product.

That is to say, if a Member does not have the right to use safeguard if it is free under GATT. Even though it is not really free under GATT.