G/TBT/W/368  
 
2 July 2013  
(13-3426)  Page: 1/2  
Committee on Technical Barriers to Trade  Original: English  
 
PROPOSAL TO INTRODUCE STANDARDIZED PLAIN PACKAGING OF  
TOBACCO PRODUCTS IN IRELAND 
STATEMENT BY MALAWI TO THE COMMITTEE ON  TECHNICAL BARRIERS TO TRADE AT ITS 
MEETING OF 17, 19-20 JUNE 2013 
 
The following communication, dated 25 June 2013, is being circulated at the request of the 
delegation of Malawi. 
 
 
_______________ 
 
 1.  Malawi expresses serious concern about the impact of the announced plain packaging measures 
by Ireland with respect to the consistency both with the TRIPS and TBT Agreements. 
2.  Malawi shares Ireland's public health objective of reducing the use of tobacco products and 
smoking, particularly for young people as well as discouraging them from smoking or using 
tobacco products. Malawi however, is nevertheless concerned with the proposed regulation as it is 
unclear how Ireland would reconcile its obligations under the WTO Agreement with its public health objectives, in particular the TBT and TRIPS Agreem ents. Article 2.2 of the TBT Agreement requires 
all Members to ensure that technical regulations ar e neither drafted, adopted nor applied to create 
unnecessary trade barriers. Article 12.3 of the TB T Agreement requires Members to ensure that 
their technical regulations do not create unnecessary obstacles to exports from developing country Members. Given the disputes concerning the Austra lian plain packaging measures currently before 
the DSB, Malawi hopes that the drafting of similar legislation by any other WTO Members would 
wait until the conclusions and guidance from those disputes.  
3.   It is unclear to Malawi how the adoption of the said measure would attain health objectives. 
Malawi therefore asks Ireland to provide reliable scientific and technical information demonstrating 
that plain packaging will reduce the number of smokers as well as to explain how the measure is 
compliant with the Articles 2.2 and 2.4 of the TBT Agreement.  
4.  This measure would not only be trade restrictive but also negatively impact the 
competitiveness of countries such as Malawi in international trade. In particular, Ireland's 
announced measure would undermine the economic rise of Least Developed Countries like Malawi, which depend on the manufacture of tobacco products as a key tool for poverty reduction by 
creating direct and indirect employment and livelihood. You may wish to note that, tobacco 
farming is a major source of livelihood for many farmers in developing countries. In Malawi, about 1.5 million people rely on tobacco farming. Tobacco contributes significantly to the country's GDP 
and is a major export good. The export of tobacco and manufactured tobacco substitutes 
accounted for around 52 percent of total Malawi exports in 2012, and is therefore hugely significant to Malawi’s economy.  
5.  Malawi asks Ireland to provide reliable evidence that it will rely upon to support this measure. . 
Did Ireland consider any alternative less trade-restrictive measures in support its public health 
goals without the removal of all trademarks and standardization of the products and their packaging? If such alternatives were examined , could Ireland indicate why such alternative 
measures were not preferred? Were there any studies conducted on addressing the likely 
unintended consequences of the plain packaging measure particularly on prices and on illicit trade? G/TBT/W/368 
 
- 2 - 
 
  Malawi is concerned that plain packaging measures, like the ones adopted by Australia and 
proposed by Ireland, are more trade restrictive than  necessary to fulfill their legitimate objectives 
and are thus inconsistent, among others, with the obligation under Article 2.2 of the TBT Agreement. Furthermore, the measure would affect trademarks and geographical indications, the 
value of which had been built up over many years, and in some cases even centuries. 
6.  The four disputes against the Australian plain packaging measures will determine their WTO 
compliance. Malawi therefore questions whether it would not be a preferred approach to await the 
outcome of these ongoing disputes before proceeding with a similar measure in Ireland. Malawi 
therefore urges Ireland to re-consider their intention to introduce plain packaging until final decisions have been made in the Australia plain packaging disputes.  
 
 
__________