Netherlands: plain packaging delay follows familiar pattern

In 2019, the Netherlands planned to introduce standard packaging from 1 July 2020. All cigarettes and roll-your-own tobacco products were to be packaged in an unattractive dark green-blue colour, and brand names were to be printed in uniform lettering only.

Notification of the legal amendment with which the Netherlands planned to introduce standard packaging for tobacco products was submitted to the European Commission on 1 October 2019. In accordance with EU law, the EU must be notified of any such measure, and other member states have a right to comment. If member states respond with a ‘detailed opinion’, then the standstill period is automatically extended by 3 months.

On 20 December 2019, Slovakia responded with a ‘detailed opinion’, thereby automatically extending the standstill period of the legislative process until 2 April 2020. On 13 March 2020, the Czech Republic also submitted a ‘detailed opinion’. Romania also submitted a number of questions; however these have no effect on the standstill period.

As a result, the introduction of standard packaging has been delayed until 1 October 2020. This bears a striking resemblance to delays typically orchestrated by the tobacco industry. The TabakNee website, which monitors the tobacco lobby in the Netherlands, accessed the ‘detailed opinions’ and questions submitted by the Czech, Romanian and Slovakian governments. Despite Slovakia having no tobacco production of any significance, the arguments put forward by these three countries are the same highly misleading arguments that the tobacco industry regularly makes on the subject of standard packaging. Slovakia’s response stated that “Standard packaging has not been proven to be an effective tool for limiting smoking” and “Although the Netherlands refers in the notification to the experience of …