In addition to the EUDR, regulations such as the Carbon Border Adjustment Mechanism (CBAM)13 and the Corporate Sustainability Due Diligence Directive14 also extend EU requirements to third countries, imposing restrictions on the production method of non-EU companies seeking to export their products to the EU15. [...] The two cornerstones of the WTO system are the principle of the Most-Favoured Nation Clause and the principle of National Treatment, included in the General Agreement on Tariffs and Trade (GATT). [...] In the event of disagreement regarding the interpretation of these principles in the context of national regulations, WTO members can initiate a dispute settlement complaint. [...] Based on that, the Appellate Body (AB) ruled in EC-Asbestos (2001) that likeness is affirmed when 4 sets of criteria are met: “the properties, nature, and quality of the products; the end-uses of the products; consumers’ tastes and habits in respect of the products; and tariff classification of the products”26. [...] The AB validated the link between preferences from local consumers (in the country where the measure is applied) to the protection of exhaustible resources (turtles) in exporting countries.
Related Organizations
- Pages
- 17
- Published in
- Belgium
Table of Contents
- 1. INTRODUCTION 2
- 2. THEEUROPEANUNIONDEFORESTATIONREGULATION 3
- EUDR 3
- 2.1. Background 3
- 2.2. ScopeandApplication 3
- 2.3. AssessmentofRisksandAnnualChecks 4
- 2.4. Liability 4
- 2.5. EUDRandExistentRegulations 5
- 3. IS THE EU DEFORESTATION REGULATION WTO 6
- COMPLIANT 6
- 3.1. Non-DiscriminationPrinciples 6
- 3.2. TheAssessmentofLikenesswithintheEUDRContext 7
- 3.3. ComplianceCheckGATTArticleXXasExceptionto 8
- ArticleIIIIandXI 8
- 3.3.1. LessonsfromUSShrimpTurtle1998 8
- 3.3.2. LessonsfromUSTunaDolphinIII1990-2018 10
- 4. COULDTHEEUDRBEWTOCOMPATIBLE 11
- REFERENCES 13
