Possible amendments to the rules of procedure of the Conference of the Parties: report by the Convention Secretariat

Conference of the Parties to the WHO Framework Convention on Tobacco Control Eighth session Geneva, Switzerland, 1−6 October 2018 Provisional agenda item 8.8 FCTC/COP/8/21/REV.1 25 August 2018 66 Possible amendments to the Rules of Procedure of the Conference of the Parties 66 Report by the Convention Secretariat Purpose of the document This report aims at proposing to the COP possible amendments to its Rules of Procedure. Action by the Conference of the Parties The COP is invited to adopt the possible amendments proposed in document FCTC/COP/8/21. Contribute to the SDGs, if applicable: N/A. Link to the workplan and budget item: N/A. Additional financial implications if not included in the workpan and budget: None. Author team(s): Governance and International Cooperation; Legal, Trade and Protocol Teams. Related document(s): Rules of Procedure. FCTC/COP/8/21/REV.1 2 BACKGROUND 1. The amendments proposed by the Bureau are set out below, together with a brief explanation of the rationale for each proposal. Proposed amendments: Rule Proposed amendments Rationale Rule 2 Definitions 10. “public” sessions or meetings means sessions or meetings that are open to attendance by Parties, States and regional economic integration organizations that are not Parties, the Secretariat, intergovernmental and nongovernmental organizations accredited by the Conference of the Parties pursuant to Rules 30 and 31, respectively, [accredited media] and members of the public; To allow to distinguish between the “members of the public" and “accredited media" for the attendance to COP sessions Rule 9 Agenda The Secretariat shall, in consultation with the Bureau, include in a supplementary provisional agenda any item proposed by a Party which reaches the Secretariat between the dispatch of the provisional agenda for a regular session and ten [30] days before the opening day of the session, provided that it falls within the scope of Rule 7 of the Rules of Procedure. To leave sufficient time for the Secretariat to make necessary changes in the agenda and annotated agenda. Rule 18 Representation and Credentials The credentials of representatives, as well as the names of alternates and advisers shall be submitted to the Secretariat if possible no later than twenty four hours after [seven days before] the opening of the session. Any subsequent change in the composition of the delegation shall also be submitted to the Secretariat. Credentials shall be issued by the Head of State or Government, the Minister for Foreign Affairs, the Minister of Health, or any other competent government authority or, in the case of a regional economic integration organization, by the competent authority of that organization. The proposed amendment aims at providing more time for the analysis of the credentials and preparation of the report before the session opens. FCTC/COP/8/21/REV.1 3 Rule 24quater Officers 1. At each regular session of the Conference of the Parties, the Parties in each WHO region shall elect a regional coordinator, whose term will extend to the closing of the next session of the COP. [3. Where a regional coordinator resigns or is unable to complete the assigned term of office or perform the functions of that office, a representative of the same Party shall be designated by the Party concerned. Such designation shall take place within three months following the resignation of the regional coordinator. [4. Where a regional coordinator is unable to attend a meeting, an alternate of the same Party shall be designated by the Party concerned]. The proposed amendment aims at providing a solution for the case a regional coordinator is unable to attend an intersessional meeting or resigns or is unable to complete its term. The proposed amendment follows the example of Rules 24 and 24bis that provide for the same situation for the members of the Bureau. Rule 27(2) Subsidiary Bodies Sessions or meetings of subsidiary bodies shall be held in public [open], unless the Conference of the Parties or the subsidiary body concerned decides that they shall be open [public] or restricted. This rule shall be implemented in conformity with Article 5.3 of the Convention. Sessions or meetings of working groups and expert groups are considered as sessions or meetings of subsidiary bodies. In past practice, neither a working group nor an expert group has ever been held in public. Rule 32 Conduct of Business Sessions of the Conference of the Parties shall be held in public, unless the Conference of the Parties decides that they shall be open or restricted. [Unless the Parties decide otherwise, accredited media shall be entitled to attend at the open sessions of the Conference of the Parties.] This rule shall be implemented in accordance with Article 5.3 of the Convention. To allow the distinction between media and public attendance to the COP without affecting their exclusion from the work of the Committees as it has been the practice until now. Rule 33 Conduct of Business Proposals and amendments to proposals shall normally be introduced by the Parties in writing, in one of the official languages, and handed to the Secretariat, which shall circulate copies to delegations. Proposals and amendments shall not be considered if they have been The aim of the proposed amendment is to set a deadline of 3 days, prior to the opening of the session, for any proposals for new items to be submitted. Such time aims at ensuring to the extent possible the necessary time for the translation and circulation of these new FCTC/COP/8/21/REV.1 4 circulated less than twenty-four hours [three days] before the meeting. The Conference of the Parties may, however, permit the discussion and consideration of proposals, amendment to proposals or procedural motions, even though such proposals, amendment to proposals or motions have not been circulated, or have only been circulated the same day. proposals. 2. The entry into force of the Protocol to Eliminate Illicit Trade in Tobacco Products (the Protocol) may require for the Conference of the Parties to the WHO FCTC (COP) and the Meeting of the Parties to the Protocol (MOP) to coordinate their work (see COP document FCTC/COP/8/28). It is on the basis of this premise, and upon the request by a Party to include the issue in the COP8 agenda, that the Convention Secretariat has prepared an analysis of the Rules of Procedure of COP that would require to be amended, should Parties decide in favour of such coordination to take place. These proposed draft amendments are presented below together with a brief explanation of the rationale for each proposal. 3. Proposed amendments: Rule Proposed amendments Rationale Rule 2 Definitions ["Meeting of the Parties" means the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products established by Article 33 of the Protocol. "Protocol" means the Protocol to Eliminate Illicit Trade in Tobacco Products, adopted on 12 November 2012 at the fifth session of the Conference of the Parties to the WHO FCTC] To include definitions related to the Protocol to Eliminate Illicit Trade in Tobacco Products. Rule 24bis [5. Joint intersessional meetings of the Bureau of the Conference of the Parties and the Bureau of the Meeting of the Parties shall be held to deal with any matters for which a coordinated decision of both Bureaus or of the Conference of the Parties and the Meeting of the Parties is required. ] [6. The joint intersessional meetings To allow the coordinated work and decision making of the Bureau of the Conference of the Parties and the Bureau of the Meeting of the Parties. FCTC/COP/8/21/REV.1 5 of the Bureaus shall be held at the request of either the Bureau of the Conference of the Parties or the Bureau of the Meeting of the Parties, or when it is mandated by the rules of procedure of the Conference of the Parties or the rules of procedure of the Meeting of the Parties or by a decision of the Conference of the Parties or Meeting of the Parties. ] Rule 24ter 1. (a) to make a recommendation [, in coordination with the Bureau of the Meeting of the Parties,] to the Director-General of WHO regarding the appointment of the Head of the Secretariat, and undertake [, in coordination with the Bureau of the Meeting of the Parties,] the performance evaluation on matters related to delivery of treaty and technical activities for possible renewal of the Head of the Secretariat’s term of office, in accordance with arrangements that may be decided by the Conference of the Parties [in coordination with the Meeting of the Parties.] = = =