WORLD HEALTH ORGANIZATION INTERGOVERNMENTAL NEGOTIATING BODY ON THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL Fourth session Provisional agenda item 4 A/FCTC/INB4/2(a) 24 January 2002
WHO framework convention on tobacco control Co-Chairs’ working papers: final revisions Working Group 2 1. The following pages contained a consolidated text of the final draft revised versions of the CoChairs’ working papers as prepared by the Co-Chairs of Working Group 2 and accepted during the third session of the Negotiating Body as a foundation for future negotiations.1 In this document the sections addressed by Working Group 2 are presented in the order they appear in the Chair’s text:2 D. Guiding principles D.4-5, D.7 and D.9-10 E. General obligations E.3 F. Price and tax measures to reduce the demand for tobacco F.1- 2 I. Measures related to the supply of tobacco I.1-7 (Illicit trade in tobacco products), I.13-14 (Licensing) and I.15 (Government support for tobacco manufacturing and agriculture) K. Surveillance, research and exchange of information K.1 and K.3-4
The following documents containing the revised versions were distributed during the third session of the Negotiating Body: A/FCTC/INB3/WG2/Conf.Paper A Rev.1 (Articles I.1-5), A/FCTC/INB3/WG2/Conf.Paper B Rev.1 (Articles F.1-2; D.4-5 and D.7) and A/FCTC/INB3/WG2/Conf.Paper C Rev.1 (Articles I.6-7, 13-15; K.1, K.3-4; D.9-10; E.3). 2
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Document A/FCTC/INB2/2.
A/FCTC/INB4/2(a)
2. Throughout this document, square brackets are used to distinguish those words or phrases that remain controversial. Such brackets normally indicate that the words enclosed within them can either be included in or excluded from the text; when bracketed words appear within a text that is already bracketed, those words within the innermost brackets should be dealt with first. Bracketed texts separated by a solidus (“/”) are alternatives of each other.
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D.
Guiding principles
4. The importance of technical and financial assistance[, including the creation of a global funding mechanism,] [to aid the economic transition of]/[to] tobacco growers, workers and individual sellers who may be displaced as a future consequence of successful tobacco control programmes, should be recognized [[and addressed], particularly in developing countries].1 5. [Priority should be given to measures taken to protect public health when tobacco control measures contained in this Convention and its protocols are examined for compatibility with other international agreements.] or [The Parties agree that tobacco control measures shall be transparent, non-discriminatory and implemented in accordance with their existing international obligations.] or [Tobacco control measures should not constitute a means of arbitrary or unjustifiable discrimination in international trade.] or [Tobacco control measures taken to protect human health should not be deemed as constituting a means of arbitrary or unjustifiable discrimination in international trade.] 7. The appropriate participation of all elements of civil society is essential in achieving the objective of this Convention. [9. Developed country Parties [and the tobacco industry] [shall] undertake to [compensate the losses to] [aid the economic transition of] economies that depend on tobacco [to other economically viable alternatives] through the provision of adequate financial and technical assistance as well as access to markets and appropriate technology.2 10. The provision of political will and commitment by State Parties in their highest possible offices is of utmost importance in ensuring the success of the objectives of this Convention.3 E. General obligations
[3. The Parties shall undertake to adopt legislative, executive and administrative measures to regulate and to ensure that export of tobacco products and associated packaging conform [either to the exporting country’s own domestic standards or the importing country’s domestic standards or the standards laid down in accordance with this Convention, whichever ensures] / [the highest level of public health protection. Transitional periods, to allow for specific manufacturing situations, may be envisaged.] 1 2 3
Reference to the work of Working Group 3. Potential link with paragraph D.4. Referred for discussion under the preamble.
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[3.bis The Parties shall adopt and ensure satisfactory implementation of means to protect public health policy from undue interference by tobacco companies, their subsidiaries, affiliated parties and other entities.] F. Price and tax measures to reduce the demand for tobacco
1. The Parties recognize that [progressive]/[coordinated] price and tax [measures]/[increases] [are]/[can be] effective and important means of reducing tobacco consumption for various sections of the population, in particular young persons. [The Parties agree that appropriate coordination and cooperation on price and tax measures, in accordance with national policies, between countries and at the international, regional and subregional levels, may be an important means of eliminating illicit traffic in tobacco products.] 2. [[While] recognizing the sovereign right of States to determine their taxation policy,] each Party shall endeavour to take into account health policy objectives relating to tobacco control, and the reduction of tobacco consumption [and exposure to tobacco smoke] when establishing [national] tax policies. [Related measures [may]/[shall] include: [(a) prohibition of tax-free and duty-free sales of tobacco products, within an agreed timeframe and without exception;] (b) imposition of taxes on tobacco products so as to achieve a progressive reduction in tobacco consumption; [(c) adoption of other price and tax measures that may be recommended by the Conference of the Parties;] [(d) allocation of a part of the revenues from tobacco taxes to tobacco control programmes;]
(e) provision of available information on the rates of taxation for tobacco products, their method of calculation, and their impact on consumption; (f) provision of available information on the impact of tax-free and duty-free sales including links between such sales, transit and illicit traffic.] I. Measures related to the reduction of the supply of tobacco (Illicit trade in tobacco products and raw tobacco materials) 1. The Parties recognize that the elimination of all forms of illicit trade in tobacco products and raw tobacco materials and additives, including smuggling, illicit manufacturing and counterfeiting, and the development of related legislation, as well as subregional, regional and international agreements, are essential components of tobacco control. 2. The Parties agree that measures to this end shall be transparent, well-defined, nondiscriminatory and implemented in accordance with their [national and] international obligations[, as well as standards established by regional economic integration organizations, where applicable]. 3. Each Party shall adopt appropriate measures to ensure that all unit packets and packages of tobacco products and raw tobacco materials and any outside packaging of such products and materials
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for retail or wholesale use that are sold and/or manufactured under its jurisdiction [carry a marking in any appropriate manner in order to enable the origin of the product to be identified[, to ensure the identity and tracking of the product and to enable the place and time of manufacture to be determined, such as through the use of approved [batch] numbering or equivalent.]]/[ : (a) carry a statement indicating, inter alia, the name of the manufacturer, the country of origin, the importer in the country of import, and the product [batch] number[, including the date of production and expiry]; [(b) carry the statement: “Sales only allowed in (insert name of the country, subnational, regional or federal unit where the product is to be placed on the market)”]].1 [3c or 4]. Each Party shall adopt appropriate measures to ensure that the packaging information [specified in paragraph 3 above shall appear in the principal language or languages of the country in whose territory the product is placed on the market or data approved in another form] [will follow the requirements of the importing country]. 5. Each Party shall undertake the following legislative, executive, administrative [or]/[and] other appropriate measures in order to eliminate illicit trade in tobacco products and raw tobacco materials: (a) to monitor and collect data on cross-border trade in tobacco products and raw tobacco materials, including illicit trade, and exchange information among customs, tax and other appropriate authorities; (b) to enact legislation[, with appropriate penalties and remedies,] that prohibits production of, and trade in [counterfeit and contraband cigarettes and other such tobacco products]/[illicit products]; (c) to take appropriate steps to ensure that all confiscated manufacturing equipment, counterfeit and contraband cigarettes and other tobacco products are [either] destroyed, using environmentally-friendly methods[, except for those contraband cigarettes and other tobacco products which are contraband only because national or subnational taxes have not been paid on those cigarettes or products,][or are placed on the market according to national [legislation]/ [legislative practices and measures]]; [(d) to adopt measures to monitor, document and control the distribution and movement of duty-free and tax-free tobacco products, including raw leaf tobacco;] [(e) to adopt measures to enable the confiscation of proceeds derived from the commission of criminal offences related to the illicit tobacco trade.] 6. [In accordance with their national legislation and their obligations under international [law]/ [treaties],] the Parties shall promote cooperation between national, regional and international agencies [involved, in promoting investigations, prosecutions and proceedings] to eliminate illicit trade, in particular smuggling, in tobacco, tobacco products, raw tobacco materials and additives[, and…]. The Parties shall further cooperate to promote regular exchanges of information to prevent such trade [pursuant to Annex [INSERT] in this Convention]. Special emphasis shall be placed on cooperation at
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To be cross-referenced against G.1(d).
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regional and subregional levels as the most effective prerequisite for combating smuggling and illicit trade of tobacco products. [7. The Conference of the Parties shall initiate [or take forward] the preparation of a protocol setting out appropriate rules and procedures for the elimination of all forms of illicit trade, in particular smuggling, in tobacco, tobacco products and raw tobacco materials.]1 (Licensing) [13. The Parties recognize that an effective licensing or registration system for [growers, retailers, manufacturers, importers, exporters, distributors and wholesalers] [the distribution] of tobacco products [is an]/[can be one] important mechanism to eliminate illicit trade in tobacco products and to prevent sales of tobacco products to [legal minors]/[persons under the age required in national law]/ [persons under the age of 18].] [14. Each Party shall[, to the extent possible within the means at its disposal and its capabilities,] adopt legislative, executive and administrative measures to [license all tobacco-product retailers, manufacturers, importers, exporters, distributors and wholesalers]/[exercise efficient control over all tobacco retailers such as by means of a licensing or tax registration system or provide other means to identify and regulate the retail trade in these products].] [(Government support for tobacco manufacturing and agriculture)]/[(Eliminating tobacco subsidies and creating government support for other economically viable activities)] [15. [Each Party shall gradually eliminate subsidies, including tax exemptions, loans and rebates, for tobacco growing and manufacturing of tobacco products[, consistent with its international obligations].] Each Party shall[, in accordance with the means at its disposal and its capabilities,] promote, as appropriate, other economically viable alternatives for tobacco workers, growers and individual sellers[, and provide technical and financial support for such activities]. [[International] financial and technical support is required for such a purpose.]] K. Surveillance, research and exchange of information
1. [The Parties shall establish joint or complementary programmes for national, regional and global surveillance2 of the magnitude, patterns, determinants and consequences of [active and passive] tobacco consumption. [To the extent possible,] the Parties shall integrate tobacco surveillance programmes into national, regional and global health surveillance programmes so that data are comparable and can be analysed at the regional and global levels, as appropriate. To this end, each Party, noting the importance of financial and technical assistance from international organizations, shall [in accordance with the means at its disposal and its capabilities]]: (a) establish progressively a national system for the epidemiological surveillance of [active and passive] tobacco consumption and related social, economic and health indicators specified in Annex [INSERT];
1 This provision would be omitted if the Intergovernmental Negotiating Body prepares a protocol on this subject to be adopted simultaneously with the Convention. 2
Definition requested.
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(b) cooperate with the World Health Organization and other relevant organizations, including government and nongovernment agencies in regional and global tobacco surveillance and exchange of information on the indicators specified in Annex [INSERT]; (c) cooperate under the auspices of the World Health Organization in the development of general model standards or procedures defining the collection, analysis and dissemination of major surveillance data as specified in Annex [INSERT]. 3. The Parties shall promote and facilitate the exchange of [publicly available] scientific, technical, socioeconomic, commercial and legal information, as well as information regarding practices of the tobacco industry and the cultivation of tobacco, relevant to this Convention. Each Party shall, in accordance with its national legislation, and taking into account and addressing the special needs of developing countries: (a) establish and maintain an updated database of [national and subnational] laws and regulations on tobacco control and enforcement, and cooperate in the development of complementary programmes for national, regional and global tobacco control; (b) establish and maintain updated data from national surveillance programmes [in accordance with Article [INSERT] above]; (c) cooperate with international bodies, including the World Health Organization, to establish and maintain a global monitoring system to regularly collect and disseminate information on tobacco production, manufacture (including additives) and the activities of tobacco corporations which have an impact on the Convention, its protocols or national tobacco control activities. [4. Regional and international health organizations should provide technical and financial resources to the secretariat of the Convention to assist developing countries to fulfil their commitments on surveillance research and information exchange. Information to be exchanged pursuant to Article [INSERT] above shall be determined by and provided to the Conference of the Parties.]
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