Høringssvar fra Adelta

Introduction

The Asociación Empresarial del Tabaco (ADELTA) is a non-profit business organization, founded in 1989, which represents the common goals of manufacturers and traders of cigarettes, cigars and other tobacco products before the Spanish public administrations, corporations, entities, and public and private organizations. ADELTA appreciates the opening of this consultation process and, within this context, wishes to be involved and, therefore, submits the following considerations, detailed in the present document.

Response

Below, ADELTA exposes the reasons to reject the plain packaging:

• In agreement with independent studies performed on the efficiency of plain packaging, there are no evidences on whether this measure reduces the tobacco use. These same studies indicate that elements that prompt smoking are peer pressure, influence from parents or social environment, culture, access to tobacco, but never the packaging or product’s design.

• The plain packaging could lead to an increase of illicit trade, as evidenced in Australia, and this is an additional reason why this measure should not be implemented. According to a study performed by KPMG, illegal use of tobacco in this country has increased from 11.8% to 13.9%, reaching historic records. In order to fight this issue, ADELTA defends the collaboration between the tobacco sector and institutions, a regular practice in all free and democratic societies, and rejects the fact that article 5.3 of the FCTC excludes the tobacco industry from its legitimate possibility to try to provide value throughout the development process of affecting standards.

• The imposition of the plain packaging to market tobacco products seriously hampers these products’ freedom of movement.

• The plain packaging cancels the sector operators’ exercise of their intellectual property rights on their brands, and unreasonably damages the free speech, free enterprise and trade, and free competition.

• The plain packaging notably distorts competition, eliminating one of the elements, freely available to manufacturers and traders of tobacco goods, to differentiate their product, such as the legitimate trademark, within a context where advertising and promotion are sensible limited or banned.

• It constitutes a de-facto expropriation of trademark rights of manufacturers and importers of tobacco products and collides with international treaties with regards to intellectual property and international trading.