G/TBT/W/603  
 
18 March 2019  
(19-1668) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
ISRAEL - BILL ON THE  RESTRICTION ON ADVE RTISING AND MARKETIN G OF  
TOBACCO PRODUCTS (AM ENDMENT NO.  7, 5778 -2018)  
STATEMENT BY THE DOMINICAN REPUBL IC TO THE COMMITTEE  
ON TECHNICAL BARRIER S TO TRADE  
6 AND 7  MARCH  2019 
The following communication, dated 18 March 2019 , is being circulated at the request of the 
delegation of the Dominican Republic . 
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1.  The Dominican Republic notes that Israel has passed a law restricting the advertising and 
marketing of tobacco products in all forms, except for pr int media, and requiring all tobacco products 
to be packaged in the colour Pantone 448C, an unattractive brown colour.  
2.  The Dominican Republic supports effective tobacco control measures, including measures to 
reduce smoking rates. However, the Dominican R epublic is concerned that Israel is introducing plain 
packaging for tobacco products, which the evidence shows is not effective in reducing smoking rates.  
3.  Israel is requiring the removal of all design features from the packaging of tobacco products, 
including design features that form part of the trademarks or geographical indications. This 
considerable interference with trademarks will adversely affect competitive opportunities for the 
Dominican Republic's export of tobacco products. In addition to produc ing cigarettes, the Dominican 
Republic is the world's leading producer and exporter of premium cigars, including well -known 
brands such as Davidoff, Romeo y Julieta and Arturo Fuente. Producers in the Dominican Republic 
rely heavily on trademarks to signal  the premium quality of their products to consumers. The 
Dominican Republic has also created a geographical indication (Cigarro Dominicano) to recognize 
the quality of its premium cigars.  
4.  The Dominican Republic and other complainants challenged similar to bacco plain packaging 
legislation enacted by Australia in the WTO, and submitted extensive legal arguments and detailed 
evidence showing that plain packaging is an ineffective tobacco control policy and that it was 
inconsistent with Australia's obligations  under the Agreement on Trade -Related Aspects of 
Intellectual Property Rights (TRIPS) and the Agreement on Technical Barriers to Trade (TBT 
Agreement). The Panel Report in Australia – Tobacco Plain Packaging (DS441) was circulated in June 
2018. Unfortunate ly, the Panel did not accept these arguments or evidence.  
5.  The Dominican Republic appealed the Panel Report in August 2018. As the appeal of the Panel 
Report is ongoing, the Dominican Republic considers that it would not be appropriate to make any 
specific  statement on the Panel 's findings.  We look forward to the Appellate Body 's review of the 
merits of the Dominican Republic 's appeal.  
6.  The Dominican Republic reiterates the importance that all relevant technical regulations on 
tobacco products are properly notified since this a sector of great importance for our country, with 
a significant presence in our society and economy, and with direct and indirect labor participation of 
more than 300,000 people nation wide. The Dominican Republic is the major exporter  of cigars in 
the world, registering exports of USD 713.58 millions in 2017, of which 238,000 are directed to 
Israel.  G/TBT/W/603  
 
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  7.  We understand that Israel did notify proposed legislation to amend its "Law on the restriction on 
advertising and marketing of tobacco pr oducts (Amendment No. 7, 5774 -2013)" in January 2014. 
This notification was made pursuant to Article 2.9.2 of the TBT Agreement as indicated in 
paragraph  3 of the notification.  
8.  Once Israel notified its technical regulation under Article 2.9.2, it has an o bligation under 
Article  2.11 to ensure that all technical regulations that have been adopted "are published promptly 
or otherwise made available". We understand that the Bill passed third reading in the Knesset and 
was published in the Official Gazette in early January (constituting adoption of the technical 
regulation). Five years have passed between the date of Israel 's original notification and the adoption 
of the final Act. We request Israel to provide the text of this final Act in an official language of the 
WTO, so that we can assess whether it is substantially the same as what Israel notified in January 
2014, or if there is a need for Israel to present an Addendum to its original notification of 2014.  
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