. /. RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/DSB/M/237 
26 September 2007 
 (07-4043) 
Dispute Settlement Body 
10 August 2007  
 
 
  
MINUTES OF MEETING 
 
Held in the Centre William Rappard
 
on 10 August 2007  
 
Chairman:  Mr. Bruce Gosper (Australia) 
 
 1. Brazil – Measures affecting imports of retreaded tyres 
(a) Joint request by the European Communiti es and Brazil for a decision by the DSB 
(WT/DS332/8) 
1. The Chairman
 drew attention to the communication from the European Communities and 
Brazil contained in document WT/DS332/8, and invited the representative of the European 
Communities to speak. 
2. The representative of the European Communities  said that the Panel had circulated its final 
Report in this dispute on 12 June 2007.  The 60-day period within which the DSB was normally 
obliged to decide on the adoption of panel reports that were not appealed, under  Article 16.4 of the 
DSU, would expire on 13 August 2007.  In order to take account of certain scheduling difficulties 
concerning the appeal procedure, the parties to this  dispute had agreed that the 60-day time-period as 
applicable to this dispute would be extended to 20 September 2007.  The parties to the dispute had 
also reached the understanding that a decision of th e DSB on this extension would be sought at the 
present meeting.  The extension had been agreed between the parties on the understanding that the 
rights of the parties to the dispute with respect to adoption or appeal of the Panel Report were 
preserved, as if such adoption or appeal had b een requested within the 60 days specified in 
Article 16.4 of the DSU.  This was without prejudice to the question of whether these rights would not 
be preserved without such extension.  The EC woul d be grateful if the DSB could accede to the joint 
request of the parties to decide on the extension of the 60-day time-period. 
3. The representative of Brazil  said that the Panel Report in this dispute had been circulated to 
Members on 12 June 2007 as document WT/DS332/R.  That meant that the end of the 60-day period under Article 16.4 of the DSU would be on 11 Augus t 2007.  The Panel conclusions were legally 
sound and highly favourable to the e nvironmental and public health c oncerns that had led Brazil to 
impose the import ban on retreaded tyres.  More spec ifically, the Panel had considered that the import 
ban imposed by Brazil on retreaded tyres was a me asure necessary to protect human health and the 
environment.  Since reformed tyres had a shor ter life cycle than new ones, their importation 
accelerated the generation and accumulation of waste in the importing country.  The Panel had found 
that, by reducing waste generation, the Brazilia n measures contributed to combating the risks 
associated with the accumulation and transportation of waste tyres.  Those risks included diseases 
transmitted by mosquitoes, and health problems create d, among other factors, by the burning of tyres 
on open sites or even at controlled furnaces.  Brazil welcomed those findings and, after an in-depth WT/DSB/M/237 
Page 2  
 
  examination of the legal implications of the Panel Report, Brazil had decided not to appeal it, as it had 
been publicly announced on the day the Report had been made available to WTO Members and the 
public in general.  However, the EC had a diffe rent view and had recently conveyed to Brazil its 
intention to take the matter to th e attention of the Appellate Body. 
4. In light of the EC's position and due to certain  scheduling difficulties related to the appeal 
procedure, Brazil and the EC had reached, on 30 July 2007, a procedural agreement regarding the 
time-period under Article 16.4 of DSU.  That agreem ent had been circulated to Members in document 
WT/DS332/8.  Pursuant to it, Brazil respectfully requested that the DSB, at the present meeting, adopt the draft decision contained in document WT/DS 332/8, thereby extending the 60-day time-period in 
Article 16.4 of the DSU to 20 September 2007.  That  extension was agreed on the understanding that 
the rights of the parties to the dispute with respect to adoption or appeal of the Panel Report were 
preserved, as if such adoption or appeal had b een requested within the 60 days specified in 
Article 16.4 of the DSU. 
5. The DSB took note
 of the statements. 
6. The Chairman  proposed that:  "The DSB agree that, upon a request by Brazil or the European 
Communities, the DSB shall no later than 20 Septem ber 2007, adopt the Report of the Panel in the 
dispute:  Brazil – Measures Affecting Imports of Retreaded Tyres  contained in document 
WT/DS332/R unless (i) the DSB decides by consensus not  to do so or (ii) Brazil or the European 
Communities notifies the DSB of its decision to appeal pursuant to Article 16.4 of the DSU". 
7. The DSB so agreed . 
 
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