The WTO and EU Sugar Reform

Panel established pursuant to Article 6 of the
Understanding on Rules and Procedures Governing the Settlement of Disputes

Brazil - Measures Affecting Imports of Retreaded Tyres, (WT/DS/332)

Panel Questions to Third Parties, Response by Australia

Geneva, 21 July 2006

Australia - Response to Panel's Questions to Third Parties

The Panel has asked on what specific issues Australia considers the Panel needs to seek expert views.

Australia's remark was intended to be general in nature, underscoring the complex nature of the issues before the Panel related to determining the application of Article XX to the measures at issue.

We see expert opinion as being of potential value to the Panel in determining whether the Brazilian ban on retreaded tyre imports is necessary to protect human health, including in relation to the following questions -

  • What is the impact of the disposal of retreaded tyres on human health?
  • Does the import ban actually reduce the total number of tyres to be disposed of in Brazil?  This goes to the question of the capacity of the import ban to achieve the policy objective cited by Brazil, and the extent to which it is necessary to achieve that objective.
  • Do any health risks related to the waste disposal of retreaded tyres increase in proportion to the volume of tyres disposed of? 

Possible assessment by experts may also be relevant to any consideration by the Panel of whether alternative measures are available to Brazil to protect human health which would have less trade restrictive effects.