Legal opinion by Professor d’Argent, Louvain University, Belgium, on incompatibility of EU tobacco traceability system with WHO FCTC Protocol

This legal opinion relates to the interpretation of article 15 of the tobacco directive of the
European Parliament and the Council of 3 April 20141 and its relationship with article 8 of the Protocol to eliminate illicit trade in tobacco products2, adopted in Seoul on 12 November 2012.

In particular, this legal opinion is meant to determine whether article 8 of the protocol binds in any way the European Union member states when they transpose the Directive into domestic law.