92000E3925

WRITTEN QUESTION E-3925/00

by Glyn Ford (PSE) to the Commission

(13 December 2000)

Subject: Brazil and retreaded tyres

A few years ago, EC Regulations relating to retreaded tyres were updated to bring retreaded tyres into a similar category as new tyres. As a result, there is now a Type Approval for retreads within the EC.

On the 27th September 2000 the Brazilian Government extended an existing ban on the importation of second-hand tyres to include remoulded and re-manufactured tyres.

Brazil is a major market for the retreading industry, and this ban poses a major threat to the retreading industry, which is the most effective and important method of re-use and recycling of worn tyres.

Has the Commission raised this issue with Brazil?

What action does the Commission plan to take as a result of this ban?

Joint answer to Written Questions E-3925/00, E-4014/00 and E-4026/00 given by Mr Lamy on behalf of the Commission

(6 February 2001)

According to Brazilian national trade regulations, notified to the World Trade Organisation (WTO), imports of used equipment, machinery and consumer goods are expressly prohibited, with the sole possible exception of donations.

The Brazilian customs authorities referred the import of retreaded tyres to their judicial authorities which concluded that licensing such imports was inconsistent with local trade regulations. They therefore immediately suspended the granting of import licences for these products. In this context, the trade regulation Portaria MDIC/SECEX No 08, of 25 September 2000, has sought to implement the judicial ruling.

The Commission is aware of this issue and of the concern it has caused some European companies that produce and export retreaded and remoulded tyres. According to initial contacts with the Brazilian authorities, the Commission understands that the Brazilian government may have health or consumer protection concerns about the import of used goods and, because the aforementioned judicial decision stretched the scope of used goods to include retreaded tyres, the Brazilian authorities have enacted Portaria No 8, which blocks the import of such tyres. After further clarifying this issue with the industry, the Commission will approach the Brazilian government to set out the case for distinguishing these products from the general category of used goods and to explain the European system of type approval. In the absence of a positive solution, the Commission will consider what further action to take in the light of the Brazilian government's response.