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Canada — Certain Measures Affecting the Renewable Energy Generation Sector

Country/Territory
Canada
Type of court
Others
Date
May 6, 2013
Source
UNEP, InforMEA
Court name
WTO Appelate Body
Reference number
WT/DS412
Language
English
Subject
Energy
Abstract

On 13 September 2010, Japan requested consultations with Canada regarding Canada's measures relating to domestic content requirements in the feed-in tariff program (the “FIT Program”).

Japan claimed that the measures are inconsistent with Canada's obligations because they appear to be laws, regulations or requirements affecting the internal sale, offering for sale, purchase, transportation, distribution, or use of equipment for renewable energy generation facilities that accord less favorable treatment to imported equipment than that accorded to like products originating in Ontario.

Both the Panel and the Appellate Body found, albeit for different reasons, that the measures at issue did not fall within the scope of the derogation under Art. III:8(a) of GATT. Thus, the Appellate Body found that the discrimination relating to foreign generation equipment was not covered by the derogation.

The Appellate Body reversed the Panel majority's finding that the European Union and Japan failed to establish that the challenged measures conferred a benefit.

Based on: https://www.wto.org/english/tratop_e/dispu_e/cases_e/1pagesum_e/ds412sum_e.pdf

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds412_e.htm

Full text
Canada - Certain Measures Affecting the Renewable Energy Generation Sector.pdf
FE_S_S006.aspx
Website
docs.wto.org