G/TBT/N/MUS/13  
16 December 2020  
(20-9100) Page: 1/4 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  MAURITIUS   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Mr S.K.Dauharry  
Ministry of Health and Wellness  
Email: skdauharry@govmu.org  
Tel No: (+230) 201 2797  
Fax No: (+230) 214 9474  
Name and address (including telephone and fax numbers , email and website 
addresses, if avai lable) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
TBT National Notification Authority  
International Trade Division  
Ministry of Foreign Affair, Regional Integration and Inter national Trade  
La Chaussée Street, Port -Louis 
Email: motas@intent.mu ; vidan_2@yahoo.com  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  All tobacco 
and manufactured tobacco substitutes, including but not limited to HS codes starting with, 
2402 and 24 03 and nicotine delivery systems, including components of such systems, 
including but not limited to HS codes starting with 2403, 3824 and 8543  
5. Title, number of pages and language(s) of the notified document:  Draft Public 
Health (Restrictions on Tobacc o Products) Regulations 2020 (48 pages; in English; and 
French in relation to health warnings)  
6. Description of content:  The Ministry of Health and Wellness proposes to repeal the 
existing Public Health (Restrictions on Tobacco Products) Regulations 2008  (as amended) 
and replace with the Draft Public Health (Restrictions on Tobacco Products) Regulations 
2020 ("the proposed measure") to further strengthen the tobacco control framework in 
Mauritius by:  
• Expanding the application of tobacco control regulations to include novel and 
emerging tobacco products, electronic nicotine delivery systems, electronic non -
nicotine delivery systems and methods of advertising, promotion and sponsorship 
to keep pace with market developments.  
• Expanding the public pla ces where use of tobacco products is prohibited.  
• Introducing new, larger graphic health warnings for all tobacco products, 
increasing the minimum size of the mandatory graphic health warnings from the G/TBT/N/MUS/13  
 
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  existing 65% of packaging surfaces to cover 90 -100% of specified tobacco 
product packaging surfaces.  
• Placing further restrictions on sale, importation, manufacture and distribution of 
tobacco products.  
• Introducing standards for manufacture of Reduced Ignition Propensity (RIP) 
cigarettes for importation, sale a nd supply in Mauritius.  
• Introducing reporting requirements for manufacturers and importers of tobacco 
products.  
• Introducing Standardised Packaging for Tobacco Products which aims to strictly 
regulate promotional aspects of tobacco packaging and to standard ise packaging 
elements by removing all logos, colours, brand images, and promotional 
information on packaging, other than brand names and product names (variants) 
displayed in a standard colour and font style (the "proposed Standardized 
Packaging measure") . 
The proposed Standardized Packaging measure will require all tobacco products, and the 
packaging or labelling of tobacco products, to comply with every requirement prescribed, 
including requirements as to size, appearance, design, health warnings and oth er 
information to be stated. Tobacco products and their packaging or labelling will also not 
be permitted to bear any trade mark, term, descriptor, figurative or other sign, feature, 
scent or sound that is proscribed, or promotes the tobacco product by any  means that is 
false, misleading, deceptive or likely to create an erroneous impression about its 
characteristics, health effects, hazards or emissions.  
The import into Mauritius, and the distribution, sale, offer for sale or possession for sale 
in Mauriti us, of non -compliant tobacco products will be made an offence.  
Details of the proposed Regulations are available upon request from the contact point in 
section 11 below.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Tobacco use is a significant public health problem in Mauritius. The 
prevalence of smoking is 19.3%. However, the prevalence of smoking is highest in the 
younger age -groups, with over 44.7% of men aged between 18 to 24 years reporting 
smoking. It is estimated that some 1,000 deaths each year in Mauritius are related to 
tobacco use. In this context, Mauritius became a Party to the World Health Organization's 
Framework Convention on Tobacco Control (WHO FCTC) in 2004 and Party to the Protocol 
to Eliminate Illicit trade in Tobacco Products (the Protocol) in 2018.  
The Convention creates a core obligation on all its Parties to reduce continually and 
substantially the prevalence of tobacco use and exposure to tobacco smoke. Parties are 
required to ado pt and implement comprehensive and effective tobacco control measures 
that provide the highest level of protection for public health. The Guidelines to 
implementation of Articles 11 and 13 of the WHO FCTC encourage parties to consider 
adopting measures for  standardised packaging.  
The Protocol also creates a mandatory obligation on all parties to strengthen their control 
measures so as to eliminate all forms of illicit trade in tobacco products through a package 
of measures to be taken by countries acting i n cooperation with each other in view of 
seeking a global solution to a global problem. The protocol provides tools for preventing 
illicit trade by securing the supply chain, including by establishing an international 
tracking and tracing system, by counte ring illicit trade through dissuasive law 
enforcement measures and a suite of measures to enable international cooperation.  
The accession of the Republic of Mauritius to this Protocol proudly demonstrates our 
commitment and unflinching support to the inte rnational community in their constant 
strives to eliminate all forms of illicit trade in tobacco products .  
The Government is committed to reducing the serious harm that tobacco use causes to 
individuals and to the nation's public health. To this end, Maur itius has adopted a multi -
pronged approach to tobacco control. It further recognises that continuing efforts in 
tobacco control are necessary to sustain, and continue, declines in tobacco use in G/TBT/N/MUS/13  
 
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  Mauritius as well as strengthen the fight against illicit tra de of tobacco products in all its 
form on our territory.  
The policy objectives of the proposed measure are to strengthen the existing 
comprehensive tobacco control framework in Mauritius by:  
• Prohibiting all forms of advertising, promotion and sponsorship  of tobacco 
products in Mauritius.  
• Reducing exposure of children and bystanders to second -hand smoke (including 
emissions)  
• Further restricting the sale, importation, manufacture and distribution of tobacco 
products in Mauritius that are appealing to childr en and young people.  
• Improving the safety requirements in the design of cigarettes.  
• Requiring reporting of information by manufacturers and importers relevant to 
the health risks posed by tobacco products.  
• Better inform smokers and non -smokers of the risks  associated with tobacco use.  
• Introducing the proposed Standardized Packaging measure to:  
o Reduce the attractiveness of tobacco products;  
o Eliminate the effects of tobacco packaging as a form of advertising and 
promotion;  
o Reduce the ability of tobacco packaging to mislead about the harmful 
effects of tobacco use (including on the relative harmful effects between 
products); and  
o Increase the noticeability and effectiveness of graphic health warnings.  
Ultimately, the proposed measure is intended to  operate alongside other existing and 
possible future tobacco -control measures to contribute towards meeting the 
Government's obligations under the WHO FCTC and the Protocol, promote public health 
through the reduction of the prevalence of tobacco use in M auritius and fight illicit trade 
of tobacco products in all its form.; Protection of human health or safety  
8. Relevant documents:   
• Draft Public Health (Restrictions on Tobacco Products) Regulations 2020  
• WHO Framework Convention on Tobacco Control  
https://www.who.int/tobacco/framework/fctc_en.pdf?ua=1  
• Protocol to Eliminate Illicit Trade in Tobacco Products   
https://www.who.int/fctc/protocol/illicit_trade/protocol -publication/en/  
• Guidelines for implementation of Article 11 of the WHO Framework Convention 
on Tobacco Control (Packaging and labelling of  tobacco products)  
http://www.who.int/fctc/guidelines/article_11.pdf?ua=1  
• Guidelines for implementation of Article 13 of the WHO Framework Convention 
on Tobacco Control (Tobacco advertising, promotion and sponsorship)  
https://www.who.int/fctc/guidelines/art icle_13.pdf?ua=1  
9. Proposed date of adoption:  The proposed date of gazetting and adoption of the 
Regulations is April 2021  
Proposed date of entry into force:  For the Regulations on Graphic Health Warnings, 
Standardised Packaging and Reduced Ignition Prop ensity:  
• For importers, 6 months from the date of gazetting  
• For retailers, 8 months from the date of gazetting  
For all other Regulations, from the date of gazetting . G/TBT/N/MUS/13  
 
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  10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Mr S.K.Dauharry  
Technical Focal Point for Tobacco Control  
Ministry of Health and Wellness  
Email: skdauharry@govmu.org  
Tel No: (+230) 201 2797  
Fax No: (+230) 214 9474  
Website:  www.health.govmu.org  
TBT National Notification Authority  
International Trade Division  
Ministry of Forei gn Affair, Regional Integration and International Trade  
La Chaussée Street, Port -Louis 
Email: motas@intent.mu ; vidan_2@yahoo.com  
Mauritius Standards Bureau (TBT Enquiry Point)  
Email: msb@intnet.mu / KRamsarrun@msb.intnet.mu  
Fax: +230 4335051