WORLD TRADE
ORGANIZATIONWT/DS135/1
G/SPS/GEN/72G/TBT/D/15
3 June 1998
(98-2262)
Original:  French
EUROPEAN COMMUNITIES – MEASURES AFFECTING ASBESTOS
AND PRODUCTS CONTAINING ASBESTOS
Request for Consultations by Canada
The following request, dated 28 May 1998, from the Permanent Mission of Canada to the
Permanent Delegation of the European Commission a nd to the Dispute Settlement Body is circulated
in accordance with Article 4.4 of the DSU.
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Pursuant to Article XXII of the General Agreement on Tariffs and Trade 1994, Article 11 of
the Agreement on the Application of Sanitary and Phytosanitary Measures, and Article 14 of the
Agreement on Technical Barriers to Trade, the Government of Canada requests consultations with theEuropean Communities concerning certain measures taken by France for the prohibition of asbestos
and products containing asbestos.  These measures  include, but are not limited to, Decree No. 96-1133
of 24 December 1996 banning asbestos, issued pursuant to the Labour Code and the Consumer Code,
as amended.
The Decree prohibits, among other things, the manufacture, processing, import, placing on the
domestic market, possession for sale, offering, sale or transfer on any ground all varieties of asbestosfibres and any product containing asbestos fibres.  The Government of Canada maintains that these
measures are incompatible with France's obligations under the above-mentioned Agreements because
they infringe, among other provisions, the following Articles:
(i) Articles 2, 3 and 5 of the Agreement on the Application of Sanitary and Phytosanitary
Measures;
(ii) Article 2 of the Agreement on Technical Barriers to Trade;(iii) Articles III, XI and XXIII of the General Agreement on Tariffs and Trade 1994.Moreover, the measures nullify or impair the benefits accruing to Canada under these
Agreements.
In accordance with Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes, the Government of Ca nada requests consultations with the European
Communities with the intention of reaching a mutually satisfactory result.  The Government of
Canada will consider any suggestion from the European Communities concerning the date on which
these consultations could take place.
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