Compte rendu ‒ Conseil des ADPIC ‒ Afficher les détails de l'intervention/la déclaration

Ambassador Alfredo Suescum (Panama)
République dominicaine
17.3 Announcement of 18 September by the Government of Ireland regarding the legislative programme for the autumn session 2013 which includes generic packaging of tobacco products under Section C
417. On 28 May 2013 Ireland announced its intention to introduce measures on the plain packaging of tobacco products.29 Last month, Ireland included a bill on the proposed measures in its legislative programme for the 2013 autumn session.30 418. At today's meeting, the Dominican Republic does not wish to make a substantive statement explaining why it considers the proposed plain packaging measures to be inconsistent with Ireland's obligations under the TBT Agreement and the TRIPS Agreement. The Dominican Republic, together with other WTO Members31, expressed its concern over Ireland's plain packaging measures at the TBT Committee meeting on 2 July 2013.32 Likewise, in previous TRIPS Council and TBT Committee meetings, our country clearly stated its opposition to similar measures notified by New Zealand and applied by Australia.33 419. Today, the Dominican Republic would like to recall that Australia's plain packaging measures are currently being examined by the WTO Dispute Settlement Body34 following complaints brought by five Members (Dominican Republic, Ukraine, Honduras, Cuba and recently, Indonesia). In two of the cases, involving Ukraine and Honduras, panels were established. This means that the Dispute Settlement Body will examine whether or not the measures on the plain packaging of tobacco products are consistent with WTO obligations. 420. For the above reasons, the Dominican Republic requests that Ireland delay the introduction of plain packaging until the DSB issues its ruling in the disputes concerning Australia's plain packaging measures.
IP/C/M/66; IP/C/W/565; G/TBT/W/339; G/TBT/W/346
The Council took note of the statements made.
17.5. The Chairman said that the delegation of the Dominican Republic wished to make a statement under "Other Business" concerning the announcement of 18 September by the Government of Ireland regarding the legislative programme for the autumn session 2013 which included generic packaging of tobacco products under Section C.

17.6. The representatives of the Dominican Republic, Cuba, Honduras, Nicaragua, the European Union, Australia, New Zealand, Canada, Norway, Uruguay and China took the floor. The statements will be reproduced in an addendum to the present record.

17.7. The Chairman recalled that delegations should not enter into substantive debates under "Other Business" and avoid lengthy statements. He urged delegations to bear in mind the underlying rationale in this regard.

17.8. The Council took note of the statements made.

IP/C/M/74, IP/C/M/74/Add.1

28 P.M. "Anuncio del Gobierno de Irlanda del 18 de septiembre del 2013 en relación al Programa Legislativo para el otoño del 2013 en el cual se incluye en la lista el empaquetamiento genérico de los productos del tabaco bajo la sección c."

29 "Ireland set to become second country in the world to introduce plain pack cigarettes" (28 May 2013) available at: http://www.dohc.ie/press/releases/2013/20130528.html.

30 The announcement made by the Irish Government on Wednesday 18 September 2013 in the Government Legislative Programme for the Autumn Session, which includes the "Standardised Packaging of Tobacco Products Bill" under Section C ("Bills in respect of which heads have yet to be approved by Government"). With regard to the deadline, it specifies "publication expected", although it is "not possible to indicate at this stage" the exact date. Available at: "http://www.taoiseach.gov.ie/eng/Taoiseach_and_Government/Government_Legislation_Programme/SECTION_C11.html".

31 See, for example, the statement by Malawi, available in G/TBT/W/368; and the statement by Cuba, available in G/TBT/W/365

32 the statement by the Dominican Republic, available in G/TBT/W/366