BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES
Document: Status Report by Brazil Addendum
Date: 8 May 2009
Document codes: WT/DS332/19/Add.2
Complainant: EU
Respondent: Brazil
Third parties: Argentina, Australia, China, Cuba, Guatemala, Japan, South Korea, Mexico, Paraguay, Taiwan, Thailand, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I:1, III:4, XI:1, XIII:1  GATT 1994

BRAZIL – MEASURES AFFECTING IMPORTS OF RETREADED TYRES

Status Report by Brazil

Addendum

 The following communication, dated 7 May 200 9, from the delegation of Brazil to the
Chairman of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the

DSB Recommendations and Rulings in the Dispute

(WT/DS332)

1. Brazil submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.
2. On 17 December 2007, the Dispute Settlement Body ("DSB") adopted the Panel and the
Appellate Body reports in ( WT/DS332). At
the DSB meeting on 15 January 2008, Brazil informed the DSB of its intention to implement the
recommendations and rulings of the DSB. At the same meeting, Brazil stated that it would need a
"reasonable period of time" to do so, according to Article 21.3 of the DSU.
3. In January 2008, Brazil and the EC initia ted discussions with a view to agreeing on a
"reasonable period of time". The matter was refe rred to arbitration by the EC pursuant to
Article 21.3(c) of the DSU on 4 June 2008. The Ar bitrator was composed by the Director-General on
26 June 2008. The arbitration award, circulated on 29 August 2008, established that the reasonable
period of time for the implementation was 12 months.
4. As announced in Brazil's first status report in this dispute (), the judgment of
the Supreme Court's judicial action brought by Braz il's Executive Branch in the form of an Allegation
of Violation of Fundamental Precept (ADPF 101) with the objective to seek a final ruling to prevent
lower courts from issuing preliminary injunctions allo wing imports of used tyres in Brazil, as well as
to revoke injunctions already granted, was initia ted on 11 March 2009. The Reporting Judge's vote,
widely favourable to the request of the Executiv e Branch, acknowledged the relevance of the import
ban on used tyres to Brazil's comprehensive strategy to deal with waste tyres.
5. As Brazil informed in its second status repor t, the proceedings before the Supreme Court
concerning ADPF 101 were suspended due to the request of one of the 11 Justices of the Court to

review the record of the case, a regular procedure in Brazil's and other countries' judicial systems.
The judgment will be resumed as soon as the record is returned to the plenary of the Court.
6. Details on the record of the judicial action can be found at the following website:
http://www.stf.jus.br/portal/processo/verProcessoAndamento.asp?numero=101&classe=ADPF&orige
m=AP&recurso=0&tipoJulgamento=M .
Video footage of the session held on 11 March can be downloaded from:

http://www.tvjustica.jus.br/videos/DIRETO_DO_PLENARIO_11_03_09_PARTE_1.wmv

http://www.tvjustica.jus.br/videos/DIRETO_DO_PLENARIO_11_03_09_PARTE_2.wmv
http://www.tvjustica.jus.br/videos/DIRETO_DO_PLENARIO_11_03_09_PARTE_3.wmv
http://www.tvjustica.jus.br/videos/DIRETO_DO_PLENARIO_11_03_09_PARTE_4.wmv

7. As stated in previous opportunities, Brazil believes that the judgment of ADPF 101
constitutes a fundamental step in the strengthening of Brazil's environmental policy concerning tyres,
as well as for the implementation of the recommendations and rulings of the DSB in this dispute.