|Short Title||Full Case Title and Citation|
|Argentina – Footwear (EC)||Appellate Body Report, Argentina – Safeguard Measures on Imports of Footwear ("Argentina – Footwear (EC)"), WT/DS121/AB/R, adopted 12 January 2000, DSR 2000:I, 515.|
|Argentina – Hides and Leather||Panel Report, Argentina – Measures Affecting the Export of Bovine Hides and Import of Finished Leather, WT/DS155/R and Corr.1, adopted 16 February 2001, DSR 2001:V, 1779|
|Australia – Salmon||Appellate Body Report, Australia – Measures Affecting Importation of Salmon, WT/DS18/AB/R, adopted 6 November 1998, DSR 1998:VIII, 3327|
|Canada – Autos||Appellate Body Report, Canada – Certain Measures Affecting the Automotive Industry ("Canada – Autos"), WT/DS139/AB/R, WT/DS142/AB/R, adopted 19 June 2000, DSR 2000:VI, 2985.|
|Canada – Dairy||Appellate Body Report, Canada – Measures Affecting the Importation of Milk and the Exportation of Dairy Products ("Canada – Dairy"), WT/DS103/AB/R, WT/DS113/AB/R and Corr.1, adopted 27 October 1999, DSR 1999:V, 2057.|
|Canada – Wheat Exports and Grain Imports||Panel Report, Canada – Measures Relating to Exports of Wheat and Treatment of Imported Grain, WT/DS276/R, adopted 27 September 2004, upheld by Appellate Body Report, WT/DS276/AB/R, DSR 2004:VI, 2817|
|Chile – Price Band System||Appellate Body Report, Chile – Price Band System and Safeguard Measures Relating to Certain Agricultural Products ("Chile – Price Band System"), WT/DS207/AB/R, adopted 23 October 2002, DSR 2002:VIII, 3045.|
|Dominican Republic – Import and Sale of Cigarettes||Appellate Body Report, Dominican Republic – Measures Affecting the Importation and Sale of Cigarettes, WT/DS302/AB/R, adopted 19 May 2005.|
|EC – Asbestos||Appellate Body Report, European Communities – Measures Affecting Asbestos and Asbestos-Containing Products, WT/DS135/AB/R, adopted 5 April 2001, DSR 2001:VII, 3243|
|EC – Asbestos||Panel Report, European Communities – Measures Affecting Asbestos and Asbestos-Containing Products, WT/DS135/R and Add.1, adopted 5 April 2001, modified by Appellate Body Report, WT/DS135/AB/R, DSR 2001:VIII, 3305|
|EC – Bananas III||Appellate Body Report, European Communities – Regime for the Importation, Sale and Distribution of Bananas, WT/DS27/AB/R, adopted 25 September 1997, DSR 1997:II, 591|
|EC – Hormones||Appellate Body Report, EC Measures Concerning Meat and Meat Products (Hormones), WT/DS26/AB/R, WT/DS48/AB/R, adopted 13 February 1998, DSR 1998:I, 135|
|EC – Hormones (US) (Article 22.6 – EC)||Decision by the Arbitrators, European Communities – Measures Concerning Meat and Meat Products (Hormones), Original Complaint by the United States – Recourse to Arbitration by the European Communities under Article 22.6 of the DSU, WT/DS26/ARB, 12 July 1999, DSR 1999:III, 1105|
|EC – Tariff Preferences||Panel Report, European Communities – Conditions for the Granting of Tariff Preferences to Developing Countries, WT/DS246/R, adopted 20 April 2004, modified by Appellate Body Report, WT/DS/246/AB/R, DSR 2004:III, 1009|
|EEC – Parts and Components||GATT Panel Report, European Economic Community – Regulation on Imports of Parts and Components, L/6657, adopted 16 May 1990, BISD 37S/132|
|India – Autos||Panel Report, India – Measures Affecting the Automotive Sector, WT/DS146/R, WT/DS175/R and Corr.1, adopted 5 April 2002, DSR 2002:V, 1827|
|Korea – Various Measures on Beef||Appellate Body Report, Korea – Measures Affecting Imports of Fresh, Chilled and Frozen Beef, WT/DS161/AB/R, WT/DS169/AB/R, adopted 10 January 2001, DSR 2001:I, 5|
|Mexico – Taxes on Soft Drinks||Appellate Body Report, Mexico – Tax Measures on Soft Drinks and Other Beverages, WT/DS308/AB/R, adopted 24 March 2006|
|Mexico – Telecoms||Panel Report, Mexico – Measures Affecting Telecommunications Services, WT/DS204/R, adopted 1 June 2004, DSR 2004:IV, 1537|
|Thailand – Cigarettes||GATT Panel Report, Thailand – Restrictions on Importation of and Internal Taxes on Cigarettes, DS10/R, adopted 7 November 1990, BISD 37S/200|
|Turkey – Textiles||Appellate Body Report, Turkey – Restrictions on Imports of Textile and Clothing Products ("Turkey – Textiles"), WT/DS34/AB/R, adopted 19 November 1999, DSR 1999:VI, 2345.|
|Turkey – Textiles||Panel Report, Turkey – Restrictions on Imports of Textile and Clothing Products, WT/DS34/R, adopted 19 November 1999, modified by Appellate Body Report, WT/DS34/AB/R, DSR 1999:VI, 2363|
|US – Carbon Steel||Appellate Body Report, United States – Countervailing Duties on Certain Corrosion-Resistant Carbon Steel Flat Products from Germany ("US – Carbon Steel"), WT/DS213/AB/R and Corr.1, adopted 19 December 2002, DSR 2002:IX, 3779.|
|US – Corrosion-Resistant Steel Sunset Review||Appellate Body Report, United States – Sunset Review of Anti-Dumping Duties on Corrosion-Resistant Carbon Steel Flat Products from Japan ("US – Corrosion-Resistant Steel Sunset Review"), WT/DS244/AB/R, adopted 9 January 2004, DSR 2004:I, 3.|
|US – Gambling||Appellate Body Report, United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services, WT/DS285/AB/R, adopted 20 April 2005|
|US – Gasoline||Appellate Body Report, United States – Standards for Reformulated and Conventional Gasoline, WT/DS2/AB/R, adopted 20 May 1996, DSR 1996:I, 3|
|US – Gasoline||Panel Report, United States – Standards for Reformulated and Conventional Gasoline, WT/DS2/R, adopted 20 May 1996, modified by Appellate Body Report, WT/DS2/AB/R, DSR 1996:I, 29|
|US – Line Pipe||Appellate Body Report, United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe from Korea, WT/DS202/AB/R, adopted 8 March 2002, DSR 2002:IV, 1403|
|US – Line Pipe||Panel Report, United States – Definitive Safeguard Measures on Imports of Circular Welded Carbon Quality Line Pipe from Korea, WT/DS202/R, adopted 8 March 2002, modified by Appellate Body Report, WT/DS202/AB/R, DSR 2002:IV, 1473.|
|US – Section 337 Tariff Act||GATT Panel Report, United States Section 337 of the Tariff Act of 1930, L/6439, adopted 7 November 1989, BISD 36S/345|
|US – Shrimp||Appellate Body Report, United States – Import Prohibition of Certain Shrimp and Shrimp Products, WT/DS58/AB/R, adopted 6 November 1998, DSR 1998:VII, 2755|
|US – Shrimp (Article 21.5 – Malaysia)||Appellate Body Report, United States – Import Prohibition of Certain Shrimp and Shrimp Products – Recourse to Article 21.5 of the DSU by Malaysia, WT/DS58/AB/RW, adopted 21 November 2001, DSR 2001:XIII, 6481|
|US – Taxes on Automobiles||GATT Panel Report, United States – Taxes on Automobiles, DS31/R, 11 October 1994, unadopted|
|US – Tuna (EEC)||GATT Panel Report, United States – Restrictions on Imports of Tuna, DS29/R, 16 June 1994, unadopted|
|US – Tuna (Mexico)||GATT Panel Report, United States – Restrictions on Imports of Tuna, DS21/R, 3 September 1991, unadopted, BISD 39S/155|
|US – Upland Cotton||Appellate Body Report, United States – Subsidies on Upland Cotton ("US – Upland Cotton"), WT/DS267/AB/R, adopted 21 March 2005.|
|US – Wool Shirts and Blouses||Appellate Body Report, United States – Measure Affecting Imports of Woven Wool Shirts and Blouses from India, WT/DS33/AB/R and Corr.1, adopted 23 May 1997, DSR 1997:I, 323|
"To examine, in the light of the relevant provisions of the covered agreements cited by the European Communities in document WT/DS332/4, the matter referred to the DSB by the European Communities in that document, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements."
(a) The imposition of an import ban on retreaded tyres, notably by virtue of Portaria 14 of 17 November 2004 of the Secretariat of Foreign Trade of the Brazilian Ministry of Development, Industry and International Commerce (SECEX) that prohibits the issuance of import licenses for retreaded tyres.
(b) The adoption of a set of measures banning the importation of used tyres, which are sometimes applied against imports of retreaded tyres. In a footnote to this paragraph, the European Communities identifies the following measures banning the importation of used tyres: Portaria No. 8 of the Department of Foreign Trade Operations (DECEX) of 13 May 1991; Portaria DECEX 18 of 19 July 1992; Portaria 138-N of the Brazilian Institute of the Environment and of Renewable Resources (IBAMA) of 22 December 1992; Portaria 370 of the Ministry of Industry, Commerce and Tourism (MICT) of 28 November 1994; Interministerial Portaria 3 of 12 September 1995 of the Ministry of Industry, Commerce and Tourism and of the Ministry of the Economy; Resolution 23 of the National Council of the Environment (CONAMA) of 12 December 1996, and CONAMA Resolution 235 of 7 January 1998.
(c) The imposition, by virtue of Presidential Decree 3919 of 14 September 2001, of a fine of 400 BRL per unit on the importation, as well as the marketing, transportation, storage, or keeping in deposit or warehouses of imported, but not of domestic retreaded tyres.
(d) The maintenance of measures at the level of Brazilian States which prohibit the sale of imported retreaded tyres. For instance, Law 12,114 of 5 July 2004 of Rio Grande do Sul which bans the commercialisation of used tyres, as which are considered inter alia retreaded tyres that have been manufactured outside of Brazil from the casings of used tyres and imported into Brazil.
(e) The exemption of retreaded tyres imported from other MERCOSUR countries from the import ban by means of Portaria SECEX 14 of 17 November 2004 and from the above-mentioned financial penalties by virtue of Presidential Decree No. 4592 of 11 February 2003, in response to the ruling of a MERCOSUR panel established at the request of Uruguay.
"Article 40 – An import license will not be granted for retreaded and used tyres, whether as a consumer product or feedstock, classified under NCM code 4012, except for remoulded tyres, classified under NCM codes 4012.11.00, 4012.12.00, 4012.13.00 and 4012.19.00, originating and proceeding from the MERCOSUR Member States under the Economic Complementation Agreement No. 18.
Sole paragraph – Imports originating in and coming from MERCOSUR must comply with the technical regulations adopted by the National Institute for Metrology, Standardization and Industrial Quality (INMETRO) for the product in question and with the regulations under MERCOSUR rules of origin and regulations of the environmental authorities."10
(a) Portaria SECEX 8 of 20 September 2000, the first measure in Brazil explicitly banning the importation of "retreaded tyres" classified under heading 4012 of the MERCOSUR Common Nomenclature (NCM); and
(b) Portaria SECEX 17 of 1 December 2003, which replaced Portaria SECEX 8/2000, prohibiting the issuance of licenses for imports of retreaded tyres and excluding from this prohibition only the remoulded tyres originating in other MERCOSUR countries.
(a) Portaria DECEX 8 of 13 May 1991, in force in the version of Portaria MICT 370 of 28 November 1994, which prohibits the importation of used consumer goods, including 'used tyres', and
(b) Resolution CONAMA 23 of 12 December 1996, establishing that inert waste is free from import restrictions except for the importation of used tyres, which is therefore prohibited.
"Art. 1. The following article is added to Decree 3,179 of September 21, 1999:
'Article 47-A. Importing used or retreaded tyres:
Fine of R$ 400.00 (four hundred reais) per unit.
Sole paragraph: The same penalty shall apply to whosoever trades, transports, stores, keeps or maintains in a depot a used or retreaded tyre imported under such conditions. (NR)'"12
"Art. 1. It is forbidden to sell imported used tyres in the State of Rio Grande do Sul.
Sole paragraph. An imported used tyre is considered for the purposes hereof as follows:
I – the simple carcass of the used tyre from any other country;
II – the carcass of a used tyre that has been retreaded by top-capping, remoulding or recapping processes abroad and imported in this condition;
III – the carcass of a used tyre from any other country and retreaded in Brazil by any of the industrial processes mentioned in the preceding item."13
"Article 1 – The sole paragraph of Article 1 of Law 12,114 of 5 July 2004, prohibiting the sale of used tyres imported into the State and from other sources becomes paragraph 1, and the following paragraphs 2 and 3 are added:
§1° – …
§2° – The following shall be permitted:
I – the import of a used tyre carcass where importers can demonstrate that they will collect on Brazilian territory and destroy, in an environmentally adequate manner, 1 (one) existing used tyre on the domestic territory for each used tyre carcass to be imported;
II – the import of a carcass of a tyre retreaded by means of top-capping, remoulding, or recapping, outside of Brazil, where importers can demonstrate that they will collect within the domestic territory and destroy, in an environmentally-adequate manner, 10 (ten) existing used tyres within the domestic territory for each used tyre carcass to be imported.
§ 3º – tyre retreaders shall have the right to import one used tyre carcass for each used or retreaded tyre exported without having to comply with the environmental counterpart referred to in part I of paragraph 2 of this Article."14
"Art. 1. The import license for remoulded tyres is hereby authorized, classified under NCM codes 4012.1100, 4012.1200, 4012.1300 and 4012.1900, when proceeding from MERCOSUR member States under the Economic Complementation Agreement no. 18."15
"Article 1: Article 47-A of Decree 3,179 of 21 September 1999 shall apply with the addition of the following paragraph, and the current sole paragraph shall be renumbered as (1):
paragraph (2) – Imports of retreaded tyres classified under heading MCN 4012.1100, 4012.1200, 4012.1300 and 4012.1900, originating in the MERCOSUR member countries under Economic Complementation Agreement No. 18 shall be exempt from payment of the fine referred to in this Article."16
(a) Brazil has acted inconsistently with Article XI:1 of GATT 1994 by instituting and maintaining a prohibition and restriction other than a duty, tax or other charge on the importation of a product of the territory of another Member, made effective through import licences and other measures.
(b) Brazil has acted inconsistently with Article XI:1 and/or Article III:4 of GATT 1994 by instituting and maintaining a restriction other than a duty, tax or other charge on the importation of a product of the territory of another Member, made effective through a fine imposed on the importation of retreaded tyres in the amount of 400 BRL per unit.
(c) Brazil has acted inconsistently with Article III:4 and/or Article XI:1 of GATT 1994 by imposing a fine in the amount of 400 BRL per imported retreaded tyre that is marketed (sold), transported, stored, kept or kept in deposit or warehouses. Thereby, Brazil has failed to accord, to products of the territory of the European Communities imported into the territory of Brazil, treatment no less favourable than that accorded to like products of national origin in respect of laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use.
(d) Brazil has acted inconsistently with Article I:1 of GATT 1994 by eliminating the import ban and the above-mentioned financial penalties for retreaded tyres imported from other MERCOSUR countries, while maintaining those measures for other imports, notably from the European Communities. Thereby, Brazil has failed to accord an advantage granted, with respect to rules and formalities in connection with importation, and with respect to matters referred to in paragraph 4 of Article III, to products originating in other countries immediately and unconditionally to the like products originating in the territory of the European Communities.
(e) By applying the above-mentioned import ban on retreads as well as the financial penalty on every unit of retreaded tyres imported from the European Communities, but not to those imported from other MERCOSUR countries, Brazil acts inconsistently with Article XIII:1 of GATT 1994, because it applies a prohibition and restriction on the importation of a product of the territory of another Member, although the importation of the like product of all third countries is not similarly prohibited or restricted.
(a) Brazil's import ban on retreaded tyres (contained in Portaria SECEX 14/2004) is justified by Article XX(b) of the GATT because it is a measure necessary to protect human, animal and plant life and health.
(b) The anti-circumvention fines (applied pursuant to Decree 3,919 of 14 September 2001) are justified by Article XX(b) and (d) of the GATT because they are necessary to protect human and animal life and health and the environment, and to secure compliance with the import ban, which itself is not inconsistent with the GATT.
(c) The limited exemption of MERCOSUR countries from Brazil's import ban (made effective through Portaria SECEX No. 14 of 17 November 2004) is authorized by Article XXIV, because it was adopted pursuant to Brazil's obligations under MERCOSUR – a customs union that is consistent with Article XXIV.
(d) The limited exemption of MERCOSUR countries from the ban is also justified by Article XX(d), because it is necessary to secure compliance with Brazil's obligation under MERCOSUR, which itself is not inconsistent with the GATT.
(e) The state measure of Rio Grande do Sul (Law 12,114 of 5 July 2004) is justified by Article XX(b) of the GATT 1994 because it is a measure necessary to protect human, animal and plant life and health.
Positive larvae were collected... mainly at tyre repair shops, tyre stockpiles and reprocessing units,... and deposits.... Tyres were the main culprits for the passive spread of mosquito, which occurs through intense tyre commerce... With the presence of mosquitoes that transmit both dengue and yellow fever, the region began to undergo the risk of epidemics.86
"In the northernmost limit of the mosquito, Higashiyama located on the eastern side of Tohoku district, there is a cement plant in which used tires are used for fuel and raw materials. These tires, which could be infested with mosquitoes, are frequently transported from large cities nearby. It has been shown that this kind of economic activity has a strong connection to the spread of Ae. albopictus."90
The release of toxic chemicals and heavy metals into the environment
Importance of the interests protected by the measure
Contribution of the measure to the end pursued
Whether the ban reduces the accumulation of waste tyres in Brazil
Data on retreading activities in Brazil
Suitability of Brazilian used tyres for retreading
Retreading rate of Brazilian tyres
The INMETRO technical note 83/2000
Imports of used tyres as a result of domestic court rulings257
Whether the reduction of the accumulation of waste tyres can reduce risks to human life and health
In relation to dengue
In relation to tyre fires
Contribution of the import ban on retreaded tyres for commercial vehicles and aircraft
Quantification of the contribution
Impact of the measure on international trade
Measures presented as alternatives
Measures to reduce the number of waste tyres
Measures to ensure that Brazilian tyres remain retreadable after use
Measures against imports of used tyres441
Energy recovery and waste co-incineration
Activities of energy recovery and waste co-incineration
Safety of energy recovery and waste co-incineration
Emissions of dioxins, furans and other persistent organic pollutants (POPs)
Resolution CONAMA 258/1999 and the Rodando Limpo programmes in various Brazilian states
Imposition of Fines
Combination of various disposal measures within a waste tyre management programme
Alternative measures and chosen level of protection
Economic and environmental costs of disposal of waste tyres
"At present, in most of the world, a basic fact of life about scrap tyres is that they are a waste material...; that is, it costs money to have them removed from the point of generation.... In addition to these direct management costs, scrap tyres can also generate indirect social costs...".660