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

Ambassador Mothusi Palai (Botswana)
605. Australia notes the continued interest of other Members in its initiative to require the plain packaging of tobacco products. We would like to take the opportunity to acknowledge again the significant amount of support we have received for this important measure. As other Members are aware, panels have now been composed to hear the disputes regarding Australia's plain packaging measures. As the matter is currently subject to dispute proceedings, it would not be appropriate to comment further. However, I would take the opportunity to comment on remarks that have been made so far about how countries should wait until the outcome of the dispute is settled before implementing their own plain packaging measures. Australia's plain packaging measure is a legitimate measure which is consistent with Australia's obligations under the WTO Agreement. It is again inappropriate for complainants of the WTO dispute currently underway against Australia to invoke those proceedings in an attempt to delay or discourage other Members from developing or implementing their own legitimate measures. 606. Australia reiterates its strong support for Members that are taking measures to legislate for the mandatory plain packaging of tobacco products. The important steps made by New Zealand, Ireland, United Kingdom and France in tobacco control demonstrate that efforts to delay the adoption of tobacco plain packaging have not been successful. 607. Australia looks forward to continuing our support of countries as they proceed with the development and implementation of their own tobacco plain packaging measures. As we have consistently stated, Australia is of the firm view that Members have the right to take measures necessary to protect public health, while complying with relevant international treaty obligations, including the TRIPS Agreement. 608. Tobacco plain packaging is a legitimate measure designed to achieve a fundamental objective - the protection of human health. The tobacco plain packaging measure is endorsed by leading public health experts, as well as the World Health Organization and is supported by extensive peer reviewed research, reports and studies.
The Council took note of the statements made.
13.1. The Chairman said that this item had been put on the agenda at the written request by the delegation of Ukraine. After the circulation of the revised proposed agenda for this meeting, the Dominican Republic had indicated that it wished to co-sponsor the item.

13.2. The representatives of Ukraine; the Dominican Republic; Cuba; Indonesia; Honduras; Zimbabwe; Australia; Nicaragua; New Zealand; the European Union; Norway; Canada; Uruguay and the WHO took the floor.

13.3. The Council took note of the statements made.

IP/C/M/77, IP/C/M/77/Add.1