G/TBT/W/379  
28 March 2014  
(14-1925) Page: 1/1  
Committee on Technical Barriers to Trade  Original: Spanish  
 
  BILL ON PLAIN PACKAGING OF TOBACCO PRODUCTS 
PROPOSED BY THE UNITED KINGDOM 
STATEMENT BY CUBA TO THE COMMITT EE ON TECHNICAL BARRIERS TO TRADE 
19 AND 20 MARCH 2014 
The following communication, dated 21 March 2014, is being circulated at the request 
of the delegation of Cuba. 
 
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1.  As this Committee is well aware, Australia's adoption of the Plain Packaging Act for all tobacco 
products in December 2012 has led to trade restri ctions that affect various developing countries. 
Although this measure is being challenged by five countries in the WTO, it has caused 
an undesirable domino effect on various Members. 
2.  In July 2013, following consultations on plain packaging, the British Government announced 
that it would wait for a ruling from the WTO Dispute Settlement Body in the proceedings against 
Australia to consider the possibility of implem enting plain packaging in the United Kingdom. 
3.  However, on 27 November, the UK Department of Health appointed a consultant to conduct 
an independent study on plain packaging in order to assess the viability of applying it domestically, taking into account, first and foremost, the effects of tobacco on young people's health. This study 
is due to be presented to the Department of Health this month in order to assess its findings 
and to make a decision on whether or not it is appropriate to introduce this measure in the country. 
4.  Cuba recognizes the United Kingdom's sovereign right to apply measures aimed at protecting 
the health of its people, as improving the he alth of our own people has been one of our 
government's priorities for more than 50 years and we continue working under that premise, 
while recognizing that tobacco is a harmful but lawful product in international trade. 
5.  It must be stressed that this measure will lead to an increase in counterfeiting, as a result 
of manufacturers' inability to display on their packaging their product's distinctive signs and the important information that has been provided up until now. All this will lead to an increase in illicit 
trade, while the consumers who the measure aims to protect will have to assume the high risks 
involved in consuming a product of uncertain content which is most likely harmful and which, in any event, does not correspond to th e brand that has been counterfeited. 
6.  Consequently, a measure such as this is undoubtedly more trade restrictive than necessary 
under the rules of the TBT Agreement and also un dermines provisions of international trademark 
legislation, including the TRIPS Agreement. 
7.  Cuba expresses great concern over the UK Parliament's decision to move ahead with 
the process of implementation of plain packaging of tobacco products, without waiting for a settlement of the complaint against Australia before the WTO Dispute Settlement Body. We therefore respectfully ask that the British Go vernment refrain from adopting such packaging 
until there has been a definitive ruling in the dispute currently before the DSB, so that this 
measure may be assessed on the basis of those findings. 
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