CANADA DISAPPOINTED WITH WTO APPELLATE BODY'S DECISION
March 12, 2001 (1:25 p.m. EST) No. 31
CANADA DISAPPOINTED WITH
WTO APPELLATE BODY'S DECISION
The Appellate Body of the World Trade Organization (WTO) today upheld the main
finding in the final report of a WTO panel, which was asked to rule on a decree banning
asbestos in France. In its report issued on September 18, 2000, the panel found that
the order in question was in compliance with the WTO agreements.
Last September, a WTO panel determined that although the order prohibiting asbestos
in France was discriminatory, it was in compliance with provisions in WTO agreements
allowing member countries to adopt measures for the protection of human health. On
October 23, 2000, Canada appealed some aspects of the panel report.
"We are disappointed with the Appellate Body report," said International Trade Minister
Pierre Pettigrew. "While in substance the Appellate Body upheld the findings regarding
compliance of the French prohibition measure with WTO agreements, it also clarified
some legal points and, to Canada's satisfaction, reversed an important aspect of the
report relating to jurisprudence." Specifically, the Appellate Body determined that
general prohibitions on products, like the one on chrysotile asbestos, are subject to the
rules and disciplines of the WTO Agreement on Technical Barriers to Trade. This part of
the decision establishes guidelines for possible general prohibitions of other products in
the future.
France opted for a complete prohibition of asbestos in order to manage potential risks
associated with exposure to asbestos within its borders. Canada in no way disputes the
right of countries to adopt regulations in the public interest or establish appropriate
levels of protection, particularly on public health grounds.
"In Canada, we achieve the same health protection objectives through our policy of
controlled use of certain specific applications of chrysotile asbestos," said Natural
Resources Minister Ralph Goodale. "Canada's policy of safe use is well founded
because it has a sound scientific basis and is a responsible approach."
"I wish to thank our stakeholders, the Government of Quebec and representatives of the
asbestos industry, for their involvement and their valuable collaboration throughout the
WTO proceedings," added Mr. Pettigrew.
The Appellate Body report will be adopted at a future meeting of the WTO Dispute
Settlement Body.
For more information, please consult the following Web site:
http://www.dfait-maeci.gc.ca/tna-nac/
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For further information, media representatives may contact:
Sébastien Théberge
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 Web Site: http://www.dfait-maeci.gc.ca
To access the backgrounder on chrysotile asbestos prepared by
Natural Resources Canada, go to: http://www.NRCan.gc.ca:80/mms/bulletin-e.htm