CANADA TO APPEAL WTO DECISION REGARDINGFRANCE'S BAN ON CHRYSOTILE ASBESTOS
September 18, 2000 (11:15 a.m. EDT) No. 239
CANADA TO APPEAL WTO DECISION REGARDING
FRANCE'S BAN ON CHRYSOTILE ASBESTOS
International Trade Minister Pierre Pettigrew and Natural Resources Minister Ralph Goodale announced today that Canada
intends to appeal the final report of the World Trade Organization (WTO) Panel, which found that the French ban on
chrysotile asbestos is consistent with WTO agreements.
Canada does not share some of the Panel's conclusions, and considers that there are sufficient legal grounds on which to
appeal certain points contained in its final report. The appeal procedure should enable Canada to obtain clarification on the
scope of the Agreement on Technical Barriers to Trade. Contrary to the Panel, Canada feels that this agreement must apply
to general bans on products, such as the ban on chrysotile asbestos.
The Panel's mandate was to determine whether France's ban on asbestos was in accordance with the provisions of the
multilateral trade agreements. Its mandate did not include ruling on the safety of the applications, or on the principle of safe
use of chrysotile asbestos.
The Panel determined that the French measure banning asbestos was discriminatory, but that it was necessary to protect
French workers at a level deemed appropriate by France. Canada is in no way calling into question a country's right to
adopt regulations in the public interest, or to set appropriate levels of protection for public health reasons.
Canada continues to argue that the French approach is excessive, and that the safe use approach is sufficient to ensure the
health and safety of workers and the public. In Canada, as well as in other countries, the use of chrysotile asbestos is strictly
regulated.
Canada stands by its position concerning the safe use of all minerals and metals, including chrysotile asbestos. The safe use
principle has a solid scientific basis, and it constitutes a responsible approach.
Since France announced its ban on asbestos in 1996, the Government of Canada has worked on this file in close co-operation with all of its partners, including the Government of Quebec, the chrysotile asbestos industry and the unions, all
of which had an active role in formulating the arguments that Canada submitted to the WTO Panel. This co-operation will
continue throughout the appeal process.
Canada is the world's third leading producer of chrysotile asbestos. Its annual sales, valued at $200 million, account for
18% of world output.
More information on this subject can be found at http://www.dfait-maeci.gc.ca/tna-nac
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For further information, media representatives may contact:
Sylvie Bussières
Office of the Minister for International Trade
(613) 992-7332
Media Relations Office
Department of Foreign Affairs and International Trade
(613) 995-1874
Pat Breton
Natural Resources Canada
(613)996-2007
This document is also available on the Department of Foreign Affairs and International Trade's Internet site:
http://www.dfait-maeci.gc.ca
To access the backgrounder on Chrysotile Asbestos prepared by
Natural Resources Canada, please visit the following Web site: http://www.NRCan.gc.ca:80/mms/bulletin-e.htm