G/TBT/W/374  
6 November 2013  
(13-6155)  Page: 1/3  
Committee on Technical Barriers to Trade  Original: Spanish  
 
  PROPOSAL TO INTRODUCE STAN DARDISED/PLAIN PACKAGING 
OF TOBACCO PRODUCTS IN IRELAND 
STATEMENT BY THE DOMINICAN REPUBLIC TO THE COMMITTEE 
ON TECHNICAL BARRIERS TO TRADE  
30-31 OCTOBER 2013 
The following communication, dated 5 November 2013, is being circulated at the request 
of the delegation of the Dominican Republic. 
 
_______________ 
 
 
1  INTRODUCTION 
1.1.  On 28 May 2013, Ireland announced its intention to introduce plain packaging for tobacco 
products (hereinafter "proposed plain packaging measures").1 Since then, Ireland has included 
a bill on the proposed measures in its legislative programme for the autumn session 2013.2 
1.2.  Although the Dominican Republic fully shares  Ireland's health protection interests, 
it is seriously concerned that the proposed plain packaging measures will not have the desired 
effect and that they are inconsistent with Ireland's obligations under the TBT Agreement  
and the TRIPS Agreement . The legitimate objectives pursued by Ireland could be met by 
introducing tobacco control measures which are less restrictive and genuinely effective. 
1.3.  The Dominican Republic, together with other WTO Members3, expressed its concern over 
Ireland's plain packaging measures at the TBT Co mmittee meeting on 2 July 2013 and also at the 
TRIPS Council meetings on 10 and 11 October 2013.4 Likewise, in previous TBT and TRIPS Council 
meetings, our country clearly stated its opposition to similar measures notified by New Zealand 
and applied by Australia.5 
1.4.  The Dominican Republic would like to recall that the Australia's plain packaging measures are 
currently being examined by the Disput e Settlement Body (hereinafter "DSB")6, following 
complaints brought by no fewer than five WTO Members (Dominican Republic, Ukraine, Honduras, 
Cuba and Indonesia). In two of the cases, involving Ukraine and Honduras, panels were 
                                               
1 "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 . 
2 Announcement made by the Irish Government on Wednesday 18 September 2013 regarding the 
Government Legislative Programme fo r the Autumn Session, which includes the "Standardised Packaging of 
Tobacco Products Bill" under Section C ("Bills in re spect of which heads have yet to be approved by 
Government"). With regard to the deadli ne, 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_Gove rnment/Government_Legislation_Programme/SECTION_
C11.html . 
3 See, for example, the statement by Malawi, ava ilable in G/TBT/W/368; and the statement by Cuba, 
available in G/TBT/W/365. 
4 See the statement by the Dominican Republic, available in G/TBT/W/366.; See also WTO News, 
"Intellectual property meeting mulls Irish tobacco plan , drug tariffs, sport, non-violation", available at: 
http://www.wto.org/english/news_e/news13_e/trip_10oct13_e.htm . 
5 IP/C/M/66; IP/C/W/565; G/TBT/W/339; G/TBT/W/346. 
6 WT/DS434; WT/DS435; WT/DS441. G/TBT/W/374 
- 2 - 
  established. This means that the DSB will examine whether or not the measures on the plain 
packaging of tobacco products are consistent with WTO obligations. 
1.5.  The Dominican Republic hopes that, after considering the evidence, a WTO panel will 
conclude that the plain packaging requirements for tobacco products are inconsistent with the 
obligations of WTO Members under both the TBT Agreement  and the TRIPS Agreement . 
The Dominican Republic therefore requests that Ir eland delay the introduction of plain packaging 
until the DSB rules on the disputes concerning Australia's plain packaging measures. 
1.6.  At today's meeting, we would like to briefly reiterate our arguments on why imposing plain 
packaging for tobacco products would be contrary to the TBT Agreement . 
2  DESCRIPTION AND CONSEQUENCES OF THE PROPOSED PLAIN PACKAGING MEASURE 
2.1.  We note the announcement made by the Minister of Health, James Reilly, that Ireland is set 
to become the second country in the world, after Australia, to introduce plain packaging 
for tobacco products.7 According to the Minister, "[b]y 2014, plain packets will be in every shop 
in the State".8 
2.2.  According to Dr Reilly's statement, the plain packaging measures will include: the removal 
of "all form of branding (trademarks, logos, colo urs and graphics)"; the presentation of "the brand 
name … in a uniform typeface for all brands"; and the use of "one plain neutral colour" 
for the packaging of all tobacco products.9 This means that, as in Australia's case, the proposed 
plain packaging measures will eliminate the characte ristic features of trademarks and geographical 
indications that serve to differentiate each tobacco product competing and sold legally on the market. 
2.3.  The Dominican Republic doubts that such measures will enable Ireland to fulfil the legitimate 
health objectives it pursues. The studies carried out by the proponents of plain packaging present 
serious methodological flaws and do not constitute a credible and solid evidentiary basis for the 
need to remove all designs and figurative elemen ts, standardize the presentation of brand names 
and cigar bands or impose one background colour on different packaging for tobacco products. 
2.4.  Instead of promoting public health, the prop osed plain packaging measures will have 
undesired effects that would undermine the health objective sought. Standardizing the 
presentation of tobacco products would hinder  product differentiation, which in turn would 
intensify price competition and drive prices down. Lower prices would increase  demand for 
and consumption of tobacco products. Furthermore, imposing plain packaging might encourage the 
production and sale of counterfeit tobacco products, and the sale of smuggled tobacco products. 
Despite our earlier complaints, Ireland has yet to report on whether it has thoroughly investigated these presumably overlooked consequences of plain packaging. 
2.5.  On previous occasions, the Dominican Republic has stated that the plain packaging measures 
would be disastrous for the production and exportation of cigars and high-quality tobacco products in our developing economy. For decades, our country has made considerable investments with 
a view to becoming one of the producers of the highest-quality tobacco products in the world, 
particularly cigars, an objective which it has most successfully fulfilled. Currently, the Dominican Republic is the largest (net) exporter of cigars worldwide, with tobacco products accounting for 8% of the country's total exports.  With plain packaging, our producers would no 
longer be able to inform consumers on the Irish market of the superior quality of their products. 
2.6.  As a result, the proposed plain packaging measures would undermine the Dominican 
economy. Although my country strongly supports tobacco control measures, it is opposed 
to unnecessary speculative measures which would cripple the opportunities of competing on the 
market and which could be replaced by less restrictive measures. 
                                               
7 "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 . 
8 James Reilly, "Tobacco industry's campaign against plain packaging is based on fear for its profits" 
(26 July 2013), published in The Irish Times. 
9 Ibid. G/TBT/W/374 
- 3 - 
  2.7.  Moreover, the proposed plain packaging measures would not only have serious consequences 
for tobacco-producing countries, such as the Dominican Republic. All Members here today must understand that the stringent plain packaging measures also pose a risk to the system, which extends  beyond  tobacco products and beyond  packaging measures. If plain packaging for 
tobacco products were accepted, the Dominican Republic fears that WTO Members would remove 
labelling features from all other products considered as health hazards, such as alcoholic beverages, processed food and soft drinks. Theref ore, the introduction of such extreme measures 
with no credible and solid evidentiary basis risk s jeopardizing the security and predictability 
of the multilateral trading system. 
3  LEGAL CONSEQUENCES UNDER THE TBT AGREEMENT 
3.1.  The Dominican Republic considers that Ireland's proposed plain packaging measures violate 
Article 2.2 of the TBT Agreement , which stipulates that WTO Members may adopt 
technical regulations that restrict international trade only if they are necessary to fulfil a legitimate objective. 
3.2.  It is clear that the proposed plain packaging measures would restrict international trade. Plain 
packaging would prevent tobacco producers from informing consumers of the quality 
and reputation of their products and would push consumers towards illegally traded tobacco 
products and those of inferior quality. As a result, competitive opportunities for tobacco producers, 
particularly for producers of high-quality prod ucts, would be compromised and the total value 
of sales would decline. 
3.3.  It is not necessary for Ireland to undermine the Dominican Republic's competitive 
opportunities by introducing plain packaging in order to achieve its public health objectives. 
As previously explained, plain packaging would run counter to Ireland's legitimate health objective rather than contribute to it, as the measures would fuel illicit trade and bring down prices in legal 
trade, leading to even higher smoking levels. Ireland has other more efficient smoking control 
measures in place which would not affect tobacco producers' competitive opportunities in the market. 
3.4.  For the above reasons, the Dominican Republic once again requests Ireland to take into 
account its concerns and to re-examine or at least postpone the introduction of the proposed plain packaging measures. 
__________