G/TBT/W/371  
26 August 2013  
(13-4555)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: Spanish  
 
  PROPOSAL FOR A DIRECTIVE OF THE EURO PEAN PARLIAMENT AND OF THE COUNCIL 
ON THE APPROXIMATION OF THE LAWS, REGULATIONS AND ADMINISTRATIVE 
PROVISIONS OF THE MEMBER STATES CONCERNING THE MANUFACTURE, 
PRESENTATION AND SALE OF TOBACCO AND RELATED PRODUCTS 
QUESTIONS FROM THE REPUBLIC OF  CUBA TO THE EUROPEAN UNION 
The following communication, dated 20 August 2013, is being circulated at the request of the 
delegation of Cuba. 
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1.  Has the EU assessed the impact that the directive would have on trade and 
development, above all for developing countries with small economies such as Cuba, which export to the EU market? 
2.  What are the specific provisions or conditions established in REACH that would apply to tobacco 
and what are the grounds for this decision? 
3.  If an EU member State deems it necessary to maintain more stringent national provisions for 
aspects falling within the scope of the Directive, the exceptions made for cigars could be annulled 
indirectly by an internal decision taken by member States. What legal certainty would there be in such circumstances for manufacturers, particularly in developing countries? 
4.  What steps has the EU taken to ensure that the proposed Directive does not constitute 
an unnecessary obstacle to trade? 
5.  How is the implementation of plain packaging by  member States considered to be consistent 
with the provisions of the TBT Agreement and th e TRIPS Agreement, primarily within the context 
of various ongoing disputes? 
6.  Does the EU consider plain packaging to be a paradoxically more restrictive measure that 
detracts from the objective pursued by the Directive itself? 
7.  Would the proposed Directive be consistent with the assertion that the focus is on 
regulating tobacco products in such a way as to discourage young people from taking up smoking, which led to the exclusion of cigars even though such products would actually be affected by plain packaging? 
8.  Is the fact that plain packaging will lead to an increase in the counterfeiting of tobacco 
products at all consistent with Article 14 of the Directive concerning traceability and security features? In other words, will the Directive's efforts to limit illicit trade not be undermined or 
diminished if, at the same time, it leaves to the member States' discretion whether or not to adopt 
plain packaging, the very formulation of which will facilitate counterfeiting in this trade that is so harmful to consumers? 
9.  Has the EU considered that it would be taking a step back in terms of consumer protection, 
especially the protection of young people who are the main focus of this measure and who, unfortunately, tend to be more daring than ad ults when it comes to making decisions about 
obtaining the products they want? Does the EU not think that this will affect the very application of 
this Directive and go against the attainment of its objectives? G/TBT/W/371 
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  10.  With regard to clauses 40 and 41 of the Directive, could the EU explain whether prior approval 
will be required from the Commission and, if so, what requirements will member States have to meet in order to receive such approval? 
11.  If the draft Directive were to be approved, what mechanisms would the EU and its member 
States put into effect to prevent an increase in the illicit trade of tobacco, particularly in 
neighbouring regions and municipalities? 
12.  What regulations and methods is the EU considering establishing to measure emissions at 
community level of tobacco products other than cigarettes? 
13.  What scientific evidence is there to prove that these measures will have the desired effect on 
tobacco consumption? 
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