Brazil – Measures Affecting Imports of Retreaded Tyres

E353362

Brazil – Measures Affecting Imports of Retreaded Tyres is a landmark WTO dispute settlement case in which the Appellate Body examined the consistency of Brazil’s import restrictions on retreaded tyres with international trade rules and environmental and health exceptions.

All labels observed (2)

How this entity was disambiguated

Statements (65)

Predicate Object
instanceOf WTO Appellate Body case
WTO dispute
agreementInvoked Agreement on Agriculture
Customs Valuation Agreement
surface form: Agreement on Customs Valuation

Agreement on Import Licensing Procedures
Agreement on Preshipment Inspection
surface form: Agreement on Pre‑shipment Inspection

Agreement on Rules of Origin
Agreement on Safeguards
Agreement on the Application of Sanitary and Phytosanitary Measures
surface form: Agreement on Sanitary and Phytosanitary Measures

Agreement on Technical Barriers to Trade
General Agreement on Tariffs and Trade
surface form: GATT 1994

Dispute Settlement Understanding
surface form: Understanding on Rules and Procedures Governing the Settlement of Disputes
appellateBodyReportAdopted 2007
complainant European Economic Community
surface form: European Communities
finding Brazil’s import ban on retreaded tyres was provisionally justified under GATT Article XX(b)
inconsistencies were found under the chapeau of GATT Article XX due to discrimination
GATTProvisionAtIssue Article I:1
Article III:4
Article XI:1
Article XX(b)
Article XX(d)
importance landmark case on trade and environment balance
leading precedent on the necessity analysis in WTO law
keyIssue chapeau of GATT Article XX
interpretation of GATT Article XX(b)
necessity test under environmental and health exceptions
measureChallenged Brazilian ban on imports of retreaded tyres
Brazilian restrictions on the importation of used tyres
panelEstablished 2005
respondent Brazil
shortName Brazil – Measures Affecting Imports of Retreaded Tyres self-linksurface differs
surface form: Brazil – Retreaded Tyres
subjectMatter environmental protection
import restrictions on retreaded tyres
public health protection
TBTProvisionAtIssue Article 2.1
Article 2.12
Article 2.2
Article 2.4
Article 2.5
Article 2.8
Article 2.9
Article 5.1.1
Article 5.2.1
Article 5.2.10
Article 5.2.11
Article 5.2.3
Article 5.2.4
Article 5.2.6
Article 5.2.7
Article 5.2.8
Article 5.2.9
thirdParty Argentina
Australia
China
Chinese Taipei
Cuba
Guatemala
Japan
South Korea
surface form: Korea, Republic of

Mexico
Paraguay
United States of America
surface form: United States
WTOBody WTO Appellate Body
surface form: Appellate Body

Panel
WTOdisputeNumber DS332

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

WTO Appellate Body notableCase Brazil – Measures Affecting Imports of Retreaded Tyres
Brazil – Measures Affecting Imports of Retreaded Tyres shortName Brazil – Measures Affecting Imports of Retreaded Tyres self-linksurface differs
this entity surface form: Brazil – Retreaded Tyres