WORLD TRADE
ORGANIZATION
WT/DS135/R
18 September 2000
(00-3353)
EUROPEAN COMMUNITIES –
MEASURES AFFECTING ASBESTOS AND ASBESTOS –
CONTAINING PRODUCTS
Report of the Panel
The report of the Panel on European Communities – Measures Affecting Asbestos and Asbestos –
Containing Products is being circulated to all Members, pursuant to the DSU. The report is being
circulated as an unrestricted document from 18 September 2000 pursuant to the Procedures for the
Circulation and Derestriction of WTO Documents (WT/L/160/Rev.1). Members are reminded that in
accordance with the DSU only parties to the dispute may appeal a panel report. An appeal shall be
limited to issues of law covered in the Panel report and legal interpretations developed by the Panel.
There shall be no ex parte communications with the Panel or Appellate Body concerning matters
under consideration by the Panel or Appellate Body.
Note by the Secretariat: This Panel Report shall be adopted by the Dispute Settlement Body (DSB) within 60 days after the
date of its circulation unless a party to the dispute decides to appeal or the DSB decides by consensus not to adopt the report.
If the Panel Report is appealed to the Appellate Body, it shall not be considered for adoption by the DSB until after the
completion of the appeal. Information on the current status of the Panel Report is available from the WTO Secretariat.
WT/DS135/R
Page 1
I.
INTRODUCTION
1.1
In a communication dated 28 May 1998, Canada requested consultations with the
European Communities (EC) pursuant to Article XXII of the General Agreement on Tariffs and Trade
(GATT), Article 11 of the Agreement on the Application of Sanitary and Phytosanitary Measures
(SPS Agreement) and Article 14 of the Agreement on Technical Barriers to Trade (TBT Agreement),
concerning certain measures taken by France for the prohibition of asbestos and products containing
asbestos (WT/DS135/1 – G/SPS/GEN/72 – G/TBT/D/15). Canada’s request states that these
measures include, but are not limited to, Decree No. 96-1133 o