Tobacco Control And The Agreement On Technical Barriers

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3. Tobacco control and the Agreement on Technical Barriers to Trade The preamble of the Agreement on Technical Barriers to Trade (‘TBT Agreement’) recognizes the right of WTO members, within the conditions of the Agreement, to promulgate and apply technical regulations to products sold in their domestic market for the purpose of public health protection. The Resolution of the High-level Meeting of the United Nations Assembly on the Prevention and Control of Non-Communicable Diseases emphasizes the influence of tobacco use to human’s health as follows: The General Assembly, … Noting…. that the most prominent non-communicable diseases are linked to common risk factors, namely, tobacco uses… Even though the Resolution of the General…show more content…
Last but not least, this measure provides ‘product characteristics with which compliance is "mandatory"’. Thus, all stipulations or rules on characteristics of tobacco products and their packages, which satisfy the foregoing elements, can be considered as technical regulations and they will fall within the scope of the TBT Agreement. However, Article 1.5 of the TBT Agreement provides that provisions of the Agreement do not cover and control measures falling within the scope of the Agreement on the Application of Sanitary and Phytosanitary Measures (‘SPS Agreement’). In order to ensure that tobacco control measures fall within the TBT Agreement, these measures shall be out of the SPS Agreement. Both SPS Agreement and TBT Agreement provide the limit in which WTO members have the right to adopt and enforce measures to protect their public health. The TBT Agreement control protective measures applied to all kinds of goods, except foods, beverages and feedstuffs which are under the power of the SPS Agreement. Tobacco products cannot be witnessed as foods, beverages and feedstuffs so protective measures imposed on them, certainly, fall outside the scope of the SPS Agreement. According to Article 1.5 of the TBT Agreement, the legitimate of tobacco commercial measures will be examined in the framework of the TBT Agreement, rather than the SPS Agreement. In reality, Indonesia, in its request for
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