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European Communities — Measures Affecting Asbestos and Products Containing Asbestos

Country/Territory
Canada
Type of court
International court
Date
Mar 12, 2001
Source
UNEP, InforMEA
Court name
WTO Appelate Body
Reference number
WT/DS135
Language
English
Subject
Waste & hazardous substances
Abstract

On 28 May 1998, Canada requested consultations with the EC in respect of measures imposed by France, in particular Decree of 24 December 1996, with respect to the prohibition of asbestos and products containing asbestos, including a ban on imports of such goods. Canada alleged that these measures violate the SPS Agreement, the TBT Agreement, and GATT 1994. Canada also alleged nullification and impairment of benefits accruing to it under the various agreements cited.

The Appellate Body reversed the Panel and concluded that the ban as an “integrated whole” was a “technical regulation” as defined in Annex 1.1 and thus covered by the TBT Agreement, as (i) the products subject to the ban were identifiable (i.e. any products containing asbestos); (ii) the measure was a whole laid down product characteristics; and (iii) compliance with the measure was mandatory.

Having agreed with the Panel that the measure “protects human life or health” and that “no reasonably available alternative measure” existed, the Appellate Body upheld the Panel's finding that the ban was justified as an exception under Art. XX(b). The Panel also found that the measure satisfied the conditions of the Art. XX chapeau, as the measure neither led to arbitrary or unjustifiable discrimination, nor constituted a disguised restriction on international trade.

Based on : https://www.wto.org/english/tratop_e/dispu_e/cases_e/1pagesum_e/ds135sum_e.pdf

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds135_e.htm

Full text
European Communities - Measures Affecting Asbestos and Products Containing Asbestos.pdf
FE_S_S009-DP.aspx
Website
docs.wto.org