G/TBT/W/401
11 May 2015
(15-2453)  Page: 1/2
Committee on Technical Barriers to Trade  Original: English
 
 IRELAND – PROPOSAL TO INTRODUCE STANDARDISED/PLAIN PACKAGING OF  
TOBACCO PRODUCTS IN IRELAND 
STATEMENT BY MALAWI TO THE COMMITT EE ON TECHNICAL BARRIERS TO TRADE  
18-19 MARCH 2015 
The following communication, dated 8 May 2015, is being circulated at the request of the 
delegation of Malawi. 
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1.  Malawi is deeply disappointed that Ireland has enacted legislation on plain packaging without 
taking into account any of the concerns expressed by Malawi and other WTO Members in this 
Committee over the past months, as it was required to do under Article 2.9.4 of the TBT 
Agreement. There is no question that plain pa ckaging considerably restricts trade in tobacco 
products. By enacting this plain packaging law,  Ireland missed the opportunity to pursue its 
legitimate public health objectives in a WTO-consistent manner. Malawi is very concerned about 
the consequences of Ireland's plain packaging legislation on our economy and on the international trading system as a whole.  
2.  As Members are aware, one of the preambular  provisions to the WTO Agreement provides that 
WTO Members recognize that "their relations in th e field of trade and economic endeavour should 
be conducted with a view to raising standards of living, ensuring full employment and a large and 
steadily growing volume of real income and effective demand…". But, as Malawi has explained on 
several occasions in this Committee, the trade re strictive effects of Ireland's plain packaging 
legislation threatens the economic development of Malawi and other tobacco growing countries. 
This is due to the fact that plain packaging increases trade in, and consumption of, illicit tobacco 
products. Producers of these illicit products do not source their raw materials from legitimate 
tobacco producers like Malawi. For tobacco exporting Members, particularly least-developed countries, plain packaging will therefore reduce employment, lower the volume of real income and 
decrease effective demand, contrary to the objectives of the WTO. 
3.  In addition, Article 12.3 of the TBT Agreemen t mandates Ireland, when preparing and applying 
technical regulations, to "take account of the special development, financial and trade needs of developing country Members, with a view to ensuring that such technical regulations… do not 
create unnecessary obstacles to exports from developing country Members". Ireland's legislation 
will create significant obstacles to Malawi's exports in the future and yet the plain packaging legislation fails to take account of the needs of Malawi and other least-developed countries. It also 
fails to meet Ireland's health objectives. 
4.  As Members are well aware, Australia's plain packaging legislation, which is similar to the 
legislation enacted by Ireland, is subject to  an ongoing WTO dispute which has attracted 
unprecedented participation from WTO Members. Malawi is deeply concerned that Ireland has 
enacted its plain packaging law despite this pending challenge, without awaiting the definitive, authoritative rulings of the WTO panel and Appellate Body.  
5.  As Malawi has explained in a previous meeting, the Appellate Body in US – Stainless Steel 
clearly stated that "when enacting… laws and national regulations pertaining to international trade 
matters, WTO Members take into account the lega l interpretation of the covered agreements 
developed in adopted panel and Appellate Body reports". Such prior jurisprudence helps to ensure G/TBT/W/401 
 
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  the security and predictability of the international trading system. In light of this, Malawi finds it 
difficult to understand why Ireland did not await the outcome of the dispute against Australia.  
6.  Lastly, Malawi is also concerned that Ireland did not take into consideration certain key 
requirements of Article 2.2 of the TBT Agreement,  as interpreted by the Appellate Body. Notably, 
Ireland failed to rely on less trade restrictive alternative measures that would have been equally 
suitable to address its legitimate health concerns.  
7.  Malawi therefore reserves all its WTO rights with respect to Ireland's plain packaging 
legislation.  
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