617. The European Union would like to make the following statement regarding the draft legislation on standardized packaging for tobacco products recently proposed by the Republic of Ireland and the United Kingdom.
618. The European Union would like to note that tobacco products have recognized harmful effects on human health. It notes in this sense that pursuant to Article 8.1 TRIPS Members may, in formulating or amending their laws and regulations, adopt measures necessary to protect public health, provided that such measures are consistent with the provisions of this Agreement. Article XX(b) of the GATT 1994, although not directly applicable to TRIPS obligations, similarly emphasizes the importance of public health by justifying measures "necessary to protect human health". The Doha Declaration on the TRIPS Agreement and Public Health stresses that the TRIPS Agreement does not and should not prevent Members from taking measures to protect public health.
619. Finally, Article 20 TRIPS states that the use of a trademark in the course of trade shall not be unjustifiably encumbered by special requirements.
620. In order to protect public health, WTO Members may, for example, introduce provisions providing for the standardization of the packaging of tobacco products, provided that these provisions are justified on grounds of public health, are proportionate and do not lead to arbitrary discrimination or disguised restrictions of trade, including with regard to the trade-related aspects of intellectual property rights. Any such measures would be compatible with WTO obligations.
621. On 17 June 2014, the Irish Public Health Standardized Packaging of Tobacco Bill 2014 was notified to the TBT Committee under the reference G/TBT/N/IRL/1. The draft Irish bill aims to further reduce smoking prevalence in Ireland by reducing the attractiveness of tobacco products, especially among young people. The measures are a response to the packaging design strategy developed by tobacco companies in recent years, which are aimed at young people, including young women. The notified draft forms the latest trend of a comprehensive range of tobacco control legislation already in placed in Ireland, aimed at decreasing tobacco consumption. Amongst other measures in existing Irish law, there is comprehensive smoke-free legislation in place, a ban on tobacco advertising and sponsorship and a ban on the display of tobacco products in shops. In addition, all tobacco products placed on the market must display combined text and graphic health warnings. Certain types of sale promotions are prohibited. The smoking of tobacco products in vehicles where children are present will also be prohibited by a law to be enacted by the end of the year.
622. In addition to the draft bill, Ireland made available through the TBT notification an explanatory memorandum that details the rationale of the measure and its expected health impacts, a regulatory impact analysis and several scientific studies on the impact of plain packaging on smoking prevalence.
623. In parallel with the WTO notification, Ireland has also notified the measure to the European Commission in accordance with internal EU requirements for notification of draft national technical regulations under Article 8(1) of Directive 98/34 EC and under Article 24(2) of the Tobacco Products Directive 2014/40/EU. Ireland received reactions and comments from other EU member States within the framework of the internal notification procedure. Those comments are currently being analysed and considered by the Irish authorities.
624. On 3 September 2014, another draft regulation on standardized packaging of tobacco products 2014 was notified to the TBT Committee. This is the UK draft regulation on standardized packaging of tobacco products. It aims to further reduce the smoking prevalence in the United Kingdom by discouraging uptake of tobacco use by young people, encouraging and supporting tobacco users who want to quit, and reducing people's exposure to second-hand smoke. It forms the latest strand of a comprehensive range of tobacco control legislation already in place in the United Kingdom aimed at decreasing tobacco consumption. Under existing legislation, there is already a ban on advertising tobacco products to the general public, a ban of tobacco sponsorship to sports and cultural events, and companies are forbidden to give out free samples of tobacco. Picture warnings on tobacco products are required in the United Kingdom. The sale of tobacco products from vending machines is prohibited and as of 2015, tobacco displays in all shops will be prohibited.
625. In addition to the draft regulation, the United Kingdom made available through the TBT notification an explanatory memorandum that details the rationale of the measure and its expected health impacts, an impact assessment and several scientific studies on the impact of plain packaging on smoking prevalence. In parallel with the WTO notification, the United Kingdom has also notified the measure to the European Commission, in accordance with internal EU requirements for notification of draft national technical regulations. The draft is currently being analysed within the framework of the internal notification procedure,
626. The UK Government is continuing to consider the full range of issues relating to standardized packaging of tobacco raised through a public consultation concluded in August 2014. No final decision has been made by the UK Government on whether to proceed with standardized packaging of tobacco products.
