Netherlands forced by industry to postpone introduction of plain packaging

The introduction of plain packaging for tobacco products in the Netherlands, which was supposed to take place on 1 July 2020, has been delayed by several months as the tobacco industry pulls strings within the European Union. Published at the end of 2018, The National Prevention Agreement in the Netherlands stipulates that standard packaging for tobacco products must be introduced in the country in 2020. All cigarettes and rolling tobacco must be in plain packaging. According to European law, the EU must be informed of any such measure and the other Member States have the right to comment. If the Member States respond to this prior notification with a "detailed opinion", this period is automatically extended by three months. As a result, the entire legislative procedure is delayed. The notification of the legal amendment with which the Netherlands plans to introduce plain packaging for tobacco products was submitted to the European Commission on 1 October 2019. On 20 December 2019, Slovakia responded with a "detailed opinion", thereby automatically extending the standstill period of the legislative process until 2 April 2020. Later, on 13 March 2020, the Czech Republic also submitted a "detailed opinion". Romania, for its part, has submitted a number of questions that have no effect on the status quo period. This delay was clearly orchestrated by the tobacco industry. The site TabakNee, which monitors the tobacco lobby in the Netherlands, has used, via the European procedures for access to documents, these "detailed opinions" and the questions submitted by the Slovak, Czech and Romanian governments. The arguments put forward are, word for word, the same arguments put forward by the tobacco industry, which have never been corroborated and proven but which the manufacturers systematically oppose on the subject of plain packaging:

• "Plain packaging has not proven to be an effective tool for limiting smoking," according to the Slovak government.
• The introduction of standard packaging in Australia, France and the United Kingdom is said to have had no effect.
• Plain packaging will lead to an increase in counterfeit cigarettes, "because plain packaging is easier to counterfeit."
• Plain packaging is contrary to European regulations on the principle of proportionality and the free movement of goods.

These arguments have been widely refuted since the introduction of plain packaging in many countries in Europe and around the world. Numerous studies have proven its effectiveness[1]This effectiveness has been established in particular in countries which have implemented this provision.[2]. It has never been demonstrated that the new plain packages with large graphic warnings are easier to copy; the problem of trafficking concerns above all the packages leaving the factories of these same manufacturers who strongly oppose any independent system of tracking and tracing of their products. Finally, national, European and international courts have systematically confirmed the conformity of the measure with domestic, European and trademark law.[3]-[4]-[5]-[6]-[7]. It is clear that the tobacco industry, through the intervention of three EU Member States, has influenced tobacco control measures in the Netherlands by delaying the ban on plain packaging by several months. This is a clear violation of the provisions of Article 5.3 of the Framework Convention on Tobacco Control of the World Health Organization, which all EU Member States have jointly committed to respect, in particular the three countries concerned. The article stipulates that the Parties that have ratified this legally binding international treaty must ensure that the development and implementation of their tobacco control policies are not influenced by the tobacco industry. In this perspective, the Netherlands must continue on the path it has taken and work to ensure that the European institutions are not used to serve the interests of tobacco manufacturers.©Tobacco Free Generation

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[1] https://www.health.gov.au/health-topics/smoking-and-tobacco/tobacco-control/tobacco-plain-packaging[2] F. El-Khoury et al. “Plain tobacco packaging, increased graphic health warnings and adolescents' perceptions and initiation of smoking: DePICT, a French nationwide study” BMJ Tobbaco Control, November 2018. doi:10.1136/tobaccocontrol-2018-054573[3] https://www.conseil-constitutionnel.fr/decision/2016/2015727DC.htm[4]_https://www.conseil-etat.fr/ressources/decisions-contentieuses/dernieres-decisions-importantes/ce-23-decembre-2016-societe-jt-international-sa-societe-d-exploitation-industrielle-des-tabacs-et-des-allumettes-societe-philip-morris-france-s[5] www.judiciary.gov.uk/wp-content/uploads/2016/05/bat-v-https://eur-lex.europa.eu/legal-content/fr/TXT/PDF/?uri=uriserv%3AOJ.C_.2016.243.01.0012.01.FRA[6] https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX:62014CN0358[7] https://www.wto.org/french/tratop_f/dispu_f/435_441_458_467r_f.pdf©National Committee Against Smoking |