G/TBT/W/392  
 
28 November 2014  
(14-6944)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
  FRANCE – PROPOSAL TO INTRODUCE PLAIN PACKAGING OF TOBACCO PRODUCTS 
STATEMENT BY MALAWI TO THE COMMITT EE ON TECHNICAL BARRIERS TO TRADE  
5-6 NOVEMBER 2014 
The following communication, dated 26 November 2014, is being circulated at the request of the 
delegation of Malawi. 
 
 
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1.  In previous meetings of this Committee, Malawi has expressed its strong concerns about the 
plain packaging initiatives in the United Kingdom and Ireland. We are now surprised to see that 
yet another EU Member State is considering introducing a similar measure. Marisol Touraine, 
France's Minister of Health announced on September 25th that plain packaging for tobacco 
products would be implemented in France in the framework of a new tobacco-control plan.  
2.  The French Government must be well aware of the concerns raised by Members in this 
Committee against similar measures in other countries and the ongoing DSB challenge against the 
Australian plain packaging measures. In addition to this, we have learned that a number of EU Member States have raised concerns about the legality of the Irish plain packaging measures in relation to EU law. This is adds to our consternation as to why France chooses to announce such a 
contentious measure before any clarity has been  rendered by the DSB as to its legality. 
3.  We need not repeat all concerns relating to  the WTO inconsistency of plain packaging. But we 
would highlight a few critical points: 
a. First, we all agree that public health is a honourable objective, and explicitly mentioned 
in the TBT Agreement Article 2.2. However, the proposed measure must contribute to the stated public health objective in order to be WTO compliant. The French Minister of 
Health failed to provide any justification as to how plain packaging would contribute to 
any public health objective in her announcement of the measure. The measure can furthermore not be more trade restrictive than necessary and alternative less trade restrictive measures should be considered. Malawi cannot recognize that these 
considerations have been fully taken into account prior to the French announcement. The 
more detailed arguments under the relevant  articles have already been canvassed 
thoroughly in this Committee, and we would urge France to give serious consideration to 
these very cogent points. 
b. Second, plain packaging will not work. It will not achieve France's health objectives. We 
have stated earlier that protecting health and reducing youth smoking are entirely 
legitimate objectives. But plain packaging will not achieve these objectives, and no 
credible evidence exists to demonstrate that it will. France's proposed measure will therefore be ineffective. 
c. Third, plain packaging will harm the export interests of the fragile economies of least-
developed, tobacco-dependent exporting countri es such as Malawi. France has close ties 
and a great understanding of the plight of th e developing world, Malawi would therefore 
request that the French government reconsiders its announced plain packaging measure G/TBT/W/392 
 
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  given the impact it would have on the fragile economies of some of the poorest countries 
in the world. 
d. Finally, the Australia plain packaging dispute has drawn five claimants and 36 third 
parties, which shows an unprecedented interest in the legality of this measure. The 
panel has announced that it will publish its report in the first half of 2016. It would 
therefore be prudent to await the outcome of the DSB proceedings before determining 
whether and how it wishes to act.  
 
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