Global Policy Forum

WTO Rules French Ban on Asbestos is Legal

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By Naomi Koppel

Nando Times
September 18, 2000

The World Trade Organization ruled Monday that a French ban on the import of all products containing asbestos is legal on health grounds, despite protests from Canada. A WTO panel of experts rejected Canada's claim that the ban - which was imposed in January 1997 and also includes the manufacturing, processing and sale of asbestos within France - was illegal because it damaged Canadian economic interests and was a barrier to free trade. Canada is the main exporter of asbestos to France. Canada immediately announced that it would appeal.

The three-person panel, headed by William Macey of New Zealand, heard evidence from both sides and sought the advice of U.S. and Australian experts in asbestos-related diseases. Canada claimed that chrysotile asbestos, which is included in the ban, is not dangerous for human health if used carefully. It said asbestos-related diseases, such as lung cancer, are caused by the other form of asbestos - amphibole - which is already widely banned, including in Canada.

The European Union - which represents France in legal disputes in the WTO - claimed that both types of asbestos were equally dangerous and that it was not possible to ensure that it was always used safely. In their 671-page report, the panel members ruled that France was in principle breaking trade rules because the ban favored producers of fibers which are used as substitutes for asbestos, but that the ban is acceptable on health grounds.

The ruling is a blow for Canada, which had hoped to use a ruling in its favor to put pressure on the European Union as a whole. Brussels approved an EU-wide asbestos ban last year and it is due to take effect in 2005. Canada is the world's third largest producer of chrysotile asbestos with annual sales of $134 million.

GPF Note: The WTO panel decision can be downloaded either as Word files:

  • Part 1 (1,163 KB);
  • Part 2 (1,057 KB);
  • Part 3 (375 KB);
  • Addendum I(521 KB);
  • Addendum II (438 KB);

    or as pdf files:

  • Part 1 (698 KB);
  • Part 2 (653 KB);
  • Part 3 (240 KB);
  • Addendum I (330 KB);
  • Addendum II (272 KB).

    NOTE: To view pdf files you need Adobe Acrobat.

    More Information on the World Trade Organization

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    FAIR USE NOTICE: This page contains copyrighted material the use of which has not been specifically authorized by the copyright owner. Global Policy Forum distributes this material without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. We believe this constitutes a fair use of any such copyrighted material as provided for in 17 U.S.C § 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner.