Planeta Verde Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332)

This amicus curiae brief submitted to the WTO Panel argues that Brazil's import ban on retreaded tires is justified under GATT Article XX. The document contends that a life-cycle approach to product analysis reveals that importing retreaded tires increases waste and public health risks in developing countries, and that such measures are supported by multilateral environmental agreements, human rights law, and the international environmental law principle of prevention.

• The brief argues for a 'life-cycle approach' to GATT Article XX, which evaluates a product from 'cradle-to-grave' including production, marketing, and disposal. This approach suggests that importing retreaded tires increases waste because they generally have a shorter lifespan than new tires and their capacity for further retreading is 'significantly reduced', as a car tire typically can only be retreaded once.
• Tire waste presents severe public health and environmental risks, particularly in tropical developing countries like Brazil. Because tires are not biodegradable and collect water, they create 'ideal sites for mosquito breeding', which facilitates the spread of diseases including 'dengue, malaria, and yellow fever'.
• The document links the tire trade to the Basel Convention, noting that while retreaded tires are often characterized as products, the 'spirit of the Convention' covers the practice of developed countries 'exporting a waste problem' to developing nations. It suggests that the Convention's preference for disposal at the source supports Brazil's measures.
• The brief asserts that tire combustion releases 'unintentionally produced' persistent organic pollutants (POPs), including dioxins, furans, PCB’s and HCB, which are regulated under the Stockholm Convention. These substances are described as 'the most potent cancer-causing chemicals known' and can cause birth defects and memory loss.
• Brazil's import restrictions are framed as a fulfillment of human rights obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Protocol of San Salvador. These instruments require the state to ensure the 'highest attainable standard of physical and mental health' and to control endemic diseases.
• The 'Prevention Principle' of international environmental law is cited to support measures that reduce contamination at the source. Brazil has applied this by banning the import of retreaded tires, prohibiting the burning and landfilling of used tires, and requiring environmental licensing for disposal companies.

APA

Center for International Environmental Law (2006). Planeta Verde Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332). https://www.ciel.org/wp-content/uploads/2015/03/Brazil_Tires_Amicus_3Jul06.pdf

Chicago

Center for International Environmental Law. Planeta Verde Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332). 2006. https://www.ciel.org/wp-content/uploads/2015/03/Brazil_Tires_Amicus_3Jul06.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=Planeta Verde Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332) |date=3 July 2006 |url=https://www.ciel.org/wp-content/uploads/2015/03/Brazil_Tires_Amicus_3Jul06.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2006planeta, author = {{Center for International Environmental Law}}, title = {{Planeta Verde Brazil – Measures Affecting Imports of Retreaded Tyres (WT/DS332)}}, institution = {Center for International Environmental Law}, year = {2006}, month = jul, url = {https://www.ciel.org/wp-content/uploads/2015/03/Brazil_Tires_Amicus_3Jul06.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }