Επιστολή προς τον πρόεδρο της Επιτροπής του Παγκόσμιου Οργανισμού Εμπορίου κ. Αλεξάντερ Έργουιν 30.3.2015

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                                                                                                                                                                Athens 30th of March 2015
                                                                   

LETTET TO MR. ALEXANDER ERWIN (CHAIR PERSON)

WORLD TRADE CENTER

Subject: «Plain packaging for tobacco products dispute (Australia) - letter to the President of the panel»

To:
Mr. Alexander Erwin (Chairperson)
World Trade Organization
Geneva, Switzerland


Re: Australia – Certain Measures Concerning Trademarks and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS434) and Australia – Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging (WT/DS435, WT/DS441, WT/DS458, WT/DS467)


Dear Mr. Chairman,

The Federation of Attica and Piraeus Industries represents the Greek industries located in the Attica and Piraeus regions of the country and has been active since 1951. At the centre of our beliefs and pursuits lies the balanced relationship between promoting development policies and protecting important public goods, such as the protection of the environment or public health.
The event that triggered our present letter is the dispute regarding plain packaging of tobacco products, involving the respective laws passed by the government of Australia.

Specifically, the measure at issue is Australia’s Tobacco Plain Packaging Act 2011 and its implementing Tobacco Plain Packaging Regulations 2011. The measure provides that “no trademark may appear anywhere on the retail packaging of tobacco products” or on tobacco products. Australia’s measure allows only the name of the brand in specific font, size, color and placement on the retail packaging of tobacco products. Accordingly, the measure requires that product packaging be in a special form that removes all distinctive elements of packaging, including trademarks, colors, texture and general form of the package.

Our Federation unambiguously supports rational and substantiated measures for the protection from the effects of smoking on both a national and European level.  This particular policy, however, is of great concern to us, since, without practically improving public health, it will have immediate negative consequences for trade, including a boost in illegal trade, significant loss in tax revenues for governments and closure of business.

With regard to Greece particularly, if this measure is maintained in Australia and potentially adopted in other member states of the WTO as well, that would create a number of adverse secondary repercussions and, specifically, it will constitute a de facto obstacle for the exports of tobacco products by Greek companies to the involved jurisdictions.

In the light of the above, we would like to explicitly express our support for and endorsement of the amicus curiae brief, submitted to you on August 20, 2014, signed by AICC -- The Independent Packaging Association, the Emergency Committee for American Trade, the National Association of Manufacturers of the United States, the National Foreign Trade Council Paperboard Packaging Council, the Printing Industries of America, the United States Chamber of Commerce and the United States Council for International Business.

                                                                     With Kind Regards,
                            
                                                                      Dimitris Mathios
                                                                           President