Brussels, 13/03/2001 (Agence Europe) - In a report made public on 12 March in Geneva, the appellate body of the World Trade Organisation (WTO) rules in favour of the EU, feeling that the French ban - imposed for reasons of health - on imports of asbestos and products containing it does not contravene the rules governing international trade. This concerns the second to last chapter in a case, whose close in expected for next month. This shows that the WTO is sensitive to the concerns of citizens, commented Commissioner Pascal Lamy.
The WTO had been called on by Canada, which felt that this ban was contrary to rules on international trade. Despite the carcinogen nature of asbestos, Ottawa underlined that France does not have the right to ban the importing and trade in these products, in particular chysotile-cement used in construction, because the dangers for health can be considerable reduced if the necessary precautions are taken.
A initial decision by the WTO had already concluded that the dangers from a professional handling of asbestos or an accidental exposure to this product would justify the adopting of strict measures, going as far as a ban. The report approved by its appellate body confirms this decision, putting forward the principal according to which health considerations must be taken into account during the assessment of measures suspected of being discriminatory. It put forward, among others, that products presenting dangers cannot be compared with safer alternatives: as a result, the legislator may grant different treatments to dangerous substances. Finally, the report recognises that the regulatory activity, including in terms of trade restrictions, can legitimately be based on diverging or minority scientific opinions. The report will be submitted in April to the WTO dispute settlement body for adoption. This will be the last stage in the procedure.