WORLD HEALTH ORGANIZATION INTERGOVERNMENTAL NEGOTIATING BODY ON THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL Fourth session Provisional agenda item 4 A/FCTC/INB4/5 24 January 2002
Revised Co-Chairs’ conference papers from Working Group 1 during the third session of the Intergovernmental Negotiating Body 1. As agreed at the plenary meeting of the third session of the Intergovernmental Negotiating Body held on 28 November 2001, revised draft versions of the sections addressed by Working Group 1 are provided for deliberation at the beginning of the fourth session of the Intergovernmental Negotiating Body. These texts were produced by the Co-Chairs of Working Group 1 in conjunction with the secretariat of the framework convention and take into consideration proposals made by Member States during the Working Group’s final formal meeting (27 November 2001). 2. Five papers containing all sections covered by Working Group 1 were produced during the third session of the Negotiating Body. Two of these have been issued as revisions: documents A/FCTC/INB3/WG1/Conf.Paper A Rev.1 (see Annex 1) and A/FCTC/INB3/WG1/Conf.Paper B Rev.1 (see Annex 2). The three other papers, with the textual proposals of the Working Group and the have been combined to form document tentatives from the Co-Chairs,1 A/FCTC/INB3/WG1/Conf.Paper C (see Annex 3). 3. In the annexed texts, 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.
Documents A/FCTC/INB3/WG1/Conf.Paper No.1, INB3/IDG1/Conf.Paper No.2 Rev.1 and INB3/IDG1/Conf.Paper No.3, respectively.
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ANNEX 1 A/FCTC/INB3/WG1/Conf.Paper A Rev.1 24 January 2002
WHO framework convention on tobacco control Proposed draft text for Articles G.1(b), G.1(c), G.1(d) and G.1(e) prepared by Working Group 1 Co-Chairs based on discussions of document A/FCTC/INB3/WG1/Conf.Paper A during the fourth formal meeting of Working Group 1 which took place on 27 November 2001 G.1(b) (Regulations of contents of tobacco products)
(b) adoption and implementation of [national] [minimum] standards[, as recommended by the [World Health Organization] / [Conference of the Parties],] for the regulation of the content of tobacco products, including standards [and best practices] for testing and measuring the content and [emission] of such products; [(b bis) cooperation, on the basis of public health criteria [and under the auspices of the World Health Organization], in the development [and harmonization] of [model international] standards for the regulation of the content of tobacco products, in consultation with competent international bodies[, such as] [the International Standards Organization,] [the World Health Organization and the Codex Alimentarius Commission,] [and in the establishment of scienceand health-based regulatory agencies with enforcement authority];] G.1(c) (Regulation of [tobacco product disclosures)] / [(Regulation of disclosures in labelling tobacco products)]
(c) adoption and implementation of [appropriate] measures for tobacco-product disclosures[, consistent with each Party’s domestic laws,] [to appropriate government authorities] by [all] manufacturers, by brand, including [toxic] / [all] ingredients, [emissions,] additives and [major] constituents of tobacco smoke[, and the promotion of the [availability] of [such] [clear and meaningful] information [about the toxic constituents of tobacco products and the smoke they produce] to the public]. [Each Party shall[, to the extent possible and within the means at its disposal,] apply these measures to all tobacco products manufactured, packaged, sold or imported for sale within its jurisdiction[. The Conference of the Parties or a subsidiary body mandated by the Conference shall specify the ingredients and constituents of tobacco smoke which shall be subject to disclosure]];
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G.1(d) (d)
(Packaging and labelling)1 adoption and implementation of [appropriate] measures to ensure that: (i) tobacco packaging and labelling does not promote a tobacco product by any means that are false, misleading[, unsubstantiated] or [otherwise] deceptive or that are likely to create an erroneous impression about its characteristics, [or to minimize its] health effects, hazards or emissions[, or that encourage consumption]; (ii) the terms [“low tar”,] “light”, “ultra light”, “mild”, any similar terms, or any expression [,] / [or] text [, trademark, figurative sign or other picture or pictogram] are not used on any package in any manner that [may] [directly or indirectly] convey the impression that a tobacco product is less harmful [to health] than others; (iii) each unit packet or package of tobacco products carries the statement and product information [specified [in Article [INSERT]]] [[prominently on the panel or box, occupying no less than 25% of the larger space], [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]] [and is enclosed in a tamper-proof form of packaging]; (iv) each unit packet or package of tobacco products carries a clear, visible, and legible [general] [rotating] [health] warning [including a picture or pictogram], [as prescribed] / [which shall be approved] by the national [health] authorities [and in keeping with World Health Organization specifications], illustrating the harmful consequences of tobacco consumption [for health] [and that generic packaging is used for the parts of the package other than where mandatory messages are required], in accordance with Annex [INSERT]; these warnings shall: [(1) clearly indicate the prohibition of sales of tobacco products to [persons under the age of 18] / [minors as determined by domestic law];] (2) provide clear [and meaningful] information [and, where appropriate, relevant and quantitative data] on the toxic constituents of the tobacco product[s and the smoke [emissions] they may produce], [specifically with regard to tar, nicotine and carbon monoxide] [, and also]; [(3) carry the statement and product information specified in Article G.1(c);] [(4) appear prominently on the upper portion of the front panel of the tobaccopackage (or carton) and occupy not less than [twenty-five per cent (25%)] / [fifty per cent (50%)] of such front [and rear] panel[s];] [(5) appear in the principal language or languages of the country in whose territory the product is placed on the market;]
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Proposal to clearly define the responsibilities of importers and exporters.
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G.1(e)
(Education, training and public awareness)1
(e) [promotion and strengthening of education, training and public awareness campaigns, including communication on tobacco-related health risks] / [facilitation and strengthening of health promotion and preventive campaigns, comprising education, training and communication activities, including counter-advertising and mechanisms for assessing the impact of such activities]. To this end, each Party shall, as appropriate: (i) promote[, implement] [and evaluate the impact of] [universal access to [scientifically based,] effective and comprehensive] educational and public awareness programmes[, including counter-advertising,] on the health [and environmental] risks of tobacco consumption, tobacco dependence, nicotine addiction and exposure to tobacco smoke, as well as on the benefits of smoking cessation [and tobacco-free lifestyles], using all available communication media and technologies [and incorporation of the contents of such [cross-cutting] programmes in school curricula]; (ii) [promote] / [ensure] broad access to these programmes for the general public and notably vulnerable groups[, including [children,] [youth,] [pregnant women,] [and persons with chronic lung and heart diseases]]; (iii) develop and implement appropriate training programmes on tobacco control for [decision-makers,] [administrators, politicians,] [civil servants,] health professionals, educators and other concerned persons [and professionals]; (iv) promote the participation of public agencies, nongovernmental organizations and other private entities, in the development of strategies for tobacco control [while [ensuring that the tobacco industry is not involved in any of these activities] / [preventing the participation of tobacco growers and manufacturers]]; [(v) facilitate [public access to information] / [the provision of information to the general public] [on the tobacco industry] [and] [the hazards of tobacco consumption], as relevant to [the objective of the Convention] / [promoting tobacco prevention and control programmes]].
1 Canada and New Zealand will be working together to develop language to address the needs of indigenous people via the Convention.
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ANNEX 2 A/FCTC/INB3/WG1/Conf.Paper B Rev.1 24 January 2002
WHO framework convention on tobacco control Proposed draft text for Articles E.1-E.2 prepared by Working Group 1 Co-Chairs based on discussions of document A/FCTC/INB3/WG1/Conf.Paper B during the fourth formal meeting of Working Group 1 which took place on 27 November 2001 E. General obligations
1. Each Party shall [, taking into account its specific circumstances,] develop, implement, and update, as appropriate, comprehensive and multisectoral tobacco control strategies, policies and legislation and other measures, [such as standards,] in furtherance of the objective and purpose of this Convention [and, as relevant, its protocols]. 2. To this end, each Party shall [, within the means at its disposal and its capabilities]: (a) establish or, where it already exists, reinforce [and adequately finance] a national coordination [mechanism] / [arrangement] for tobacco control [, preferably coordinated by the minister of health], with inputs from relevant government and civil society sources; (b) adopt legislative, executive, administrative and other appropriate measures and cooperate with other Parties in [developing] [and] [harmonizing] appropriate policies, with a view to reducing nicotine addiction, tobacco consumption and exposure to tobacco smoke.
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ANNEX 3 A/FCTC/INB3/WG1/Conf.Paper C 24 January 2002
WHO framework convention on tobacco control Proposed draft text for Articles G.1, G.1(a), G.2-4, H.1-2, I.8-12, K.2 and D.1-2 prepared by Working Group 1 Co-Chairs based on discussions of documents INB3/IDG1/Conf.Paper No.1, INB3/IDG1/Conf.Paper No.2 Rev.1 and INB3/IDG1/Conf.Paper No.3 during the fourth formal meeting of Working Group 1 which took place on 27 November 2001 G. Non-price measures to reduce the demand for tobacco
1. Each Party shall adopt [effective] legal, administrative or other measures [and policies], [according to its capabilities,] and [cooperate with other Parties] in [[adhering to international standards set by the World Health Organization and in] / [adopting the international standards set by the Conference of the Parties and in]] developing non-price policies [including measures to combat illicit traffic], in order to reduce [the prevalence of] tobacco consumption and [to fully protect nonsmokers from] exposure to tobacco smoke. Such measures and policies shall include the following: [(Passive smoking)] / [(Protection for nonsmokers [from the hazards of passive smoking])] / [(Protection of the public from passive smoking)] (a) [[implementation and enforcement of legislation and other effective] measures that provide for [appropriate] / [systematic] protection from exposure to tobacco smoke in [enclosed] public places, [indoor] workplaces, public transport[, and in particular in health care facilities and places providing services to children,] [and in the family]; special attention shall be given to the protection of vulnerable groups such as pregnant women, children, infants, the elderly and persons with chronic conditions and severe illnesses, especially respiratory infections;] or [implementation of legislation and other effective measures at the appropriate governmental level that prohibit smoking in places providing services to children and in enclosed public places, public transport, and in the indoor premises of government agencies and authorities and comparable bodies intended for the public; promote systematic protection from exposure to tobacco smoke in indoor private workplaces and restaurants, with particular attention to special risk groups such as children and pregnant women, persons with chronic lung disease and heart disease;] or [implementation of legislation and other effective measures at the appropriate level, that provide for systematic protection from exposure to tobacco smoke in enclosed places, workplaces, and public places and on public transport;]
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([Prohibiting] advertising, promotion and sponsorship) [2. In addition to the measures specified in Article [INSERT] [and as long as advertising is permitted] / [and before achieving a total prohibition on advertising], each Party shall commit itself to: (a) [[adopting] [and gradually implementing]] / [imposing] measures [in conformity with its national constitution [and domestic law]], to [prohibit] / [[strictly] / [appropriately] restrict] / [impose appropriate restrictions on] all forms of [direct and indirect] tobacco advertising, [marketing,] promotion and sponsorship [, including incentives [such as gifts, coupons, rebates, competitions and purchaser programmes] / [of any kind]], with the aim of reducing the appeal of tobacco products to all segments of society[, without prejudice to stricter national rules]; [(b) [requiring] / [adopting measures to require] that tobacco companies disclose [to the competent bodies] aggregate expenditures on sales, advertising, promotion and sponsorship[, and make those figures available to the public[, providing they do not constitute corporate or trade secrets, as provided for by national legislation] ];] [(c) adopting measures and imposing appropriate regulatory restrictions to ensure [that each advertisement carries a clear and conspicuous health warning, and] that tobacco advertising, promotion and sponsorship do not promote a tobacco product by any [means] / [messages] that are false, misleading or deceptive or that are likely to create an erroneous impression about its characteristics, health [and environmental] effects, hazards or emissions;] [(d) adopting measures and imposing appropriate regulatory restrictions in order to [progressively] [phase out] / [eliminate] tobacco promotion and sponsorship [of sporting and cultural events] / [of any type of event][, within (…) years after the entry into force of the Convention];] [(e) adopting [national] [legislative and regulatory] measures [and cooperating] in order to [make it possible to require that the tobacco industry] [phase out] / [eliminate] / [ban] / [restrict] cross-border advertising, promotion and sponsorship[, by whatever means or medium of communication, as well as any form of sponsorship by the tobacco industry within (…) years after the entry into force of the Convention] [, including, inter alia, tobacco advertising, promotion and sponsorship on cable and satellite television, radio, the Internet, newspapers, magazines and other printed media].] or [In addition to the measures specified in Article [INSERT], each Party shall commit itself to adopting measures to [ban] / [phase out] all forms of [direct and indirect] advertising, including cross-border advertising by whatever means or medium of communication, marketing, promotion and sponsorship of sporting, cultural and other similar events, including incentives such as gifts, coupons, rebates, discounts, competitions and frequent purchaser programmes [within two years] after the entry into force of the Convention, and enabling governmental and nongovernmental organizations specialized in tobacco control to provide the public with counter-advertising if advertising has not been completely eliminated.] [3. The Conference of the Parties shall initiate the preparation of a protocol [or protocols, as they may deem necessary,] setting out appropriate rules and procedures [in the area of] / [during the phaseout period for] tobacco advertising, promotion and sponsorship.]
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[4. The Conference of the Parties shall initiate the preparation of a protocol setting out appropriate rules and procedures in the areas of regulation of the content of tobacco products, tobacco-product disclosures, as well as packaging and labelling of tobacco products.] H. [Demand reduction measures concerning tobacco [dependence] / [addiction] and cessation] / [[Fighting] / [Reducing] tobacco [dependence] / [addiction]]1
1. Each Party shall take all practical, effective [and culturally] relevant measures[, based on scientific evidence and best practices] / [, supported by scientific evidence and in accordance with its economic, social and cultural characteristics, to secure a better cost-benefit relation], to treat tobacco dependence and to promote cessation of tobacco use. 2. Each Party shall undertake the following measures [taking into account national circumstances and priorities, and with special attention to the needs of vulnerable groups]: (a) [design,] implementation [and evaluation] of [health] promotion and educational programmes [and interventions [, including smoke-free environment programmes in educational institutions, health care facilities, workplaces and sporting environments,]] aimed at encouraging cessation of tobacco use; (b) integration of treatment of tobacco dependence, routine advice, and counselling services on cessation of tobacco use, into national health, education and development programmes, plans and strategies. Support for such actions shall be provided by trained health workers[, including physicians, nurses and pharmacists], as well as by teachers and community and social workers; [(c) establishment in health care facilities and other rehabilitation centres of programmes for diagnosis, counselling, prevention and treatment of tobacco dependence, with priority emphasis on primary health care services.] [2.bis The Conference of the Parties shall begin preparing a protocol to establish an appropriate procedure in respect of cessation of tobacco use.] I. [Measures related to] / [Controlling] the supply of tobacco (Elimination of [supply] / [sales] / [supply and sales] to and by young persons) 8. Each Party shall [take appropriate measures to] prohibit tobacco sales [and supply] to [persons under the age of 18] / [minors as determined by domestic law]. To this end, each Party shall [, to the extent possible within the means at its disposal and its capabilities]: (a) require [, within the means at its disposal,] that [all] / [the] [suppliers] / [sellers] of tobacco products post signs at the point of sale which carry a health warning [and indicate] / [indicating] that the sale of tobacco products to persons under age is prohibited; (b) require [, within the means at its disposal,] that [all] / [the] [suppliers] / [sellers] of tobacco products [request that each tobacco purchaser provide appropriate evidence of having] /
1 Canada and New Zealand will be working together to develop language to address the needs of indigenous people via the Convention.
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[take all reasonable steps to ensure that buyers have] reached the age of [18] / [majority as determined by domestic law]; (c) [strictly restrict access to] / [take appropriate measures to restrict persons under the age of 18 to access] / [prohibit] tobacco vending machines [and other similar apparatus], and prohibit tobacco sales via the Internet [to persons under 18] / [minors as determined by domestic law] [and ban the selling of tobacco products from shelves or supermarkets, convenience shops and similar establishments where customers can freely pick up the goods, and by street vendors and pavement stalls, within a period of no more than […] years]; [(d) prohibit the manufacture and sale of sweets and toys in the form of tobacco products.]
[9. Each Party shall take appropriate measures to prohibit the sale [and the free distribution] of tobacco products by [persons under the age of 18] / [minors as determined by domestic law] [should this be necessary to prevent the sale of tobacco products to minors].] [10. Each Party shall [, according to its capabilities,] prohibit the sale [and the free distribution] of cigarettes individually or in packets of fewer than [20] cigarettes [should this be necessary to prevent the sale of tobacco products to minors].] [11. Each Party shall [, according to its capabilities,] ensure compliance with paragraphs 8 to 10 above and implement appropriate penalties against sellers and distributors for the violation of measures prohibiting sales of tobacco products to [and by] [persons under the age of 18] / [minors as determined by domestic law].] [12. Each Party shall take [appropriate legal and other] measures to ensure that no criminal penalties are imposed against [persons under the age of 18] / [minors as determined by domestic law] for [selling or] buying tobacco products for personal use.1] or [Each Party shall implement appropriate legal and other measures to verify compliance with paragraph 8 above, taking into account the provisions applicable according to national law in case of breaches of law by under-age purchasers and sellers of tobacco products.] K. [Surveillance] / [Monitoring], research and exchange of information
2. The Parties undertake [, according to their capabilities,] to develop, promote and coordinate [, as far as possible,] national, regional and global research programmes for the purpose of this Convention. To this end, each Party shall [take appropriate measures [in accordance with the means at its disposal and its capabilities] [and] [with the cooperation and support of international bodies] to]: (a) [establish an appropriate national system of epidemiological surveillance of tobacco use [, build indicators for the surveillance system] and] initiate and cooperate, directly or through competent international bodies, in the conduct of research and scientific assessments, as detailed in Annex [INSERT];
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There has been a suggestion that sections I.11-12 be merged with section J on compensation and liability.
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(b) promote and encourage research [to develop surveillance indicators and contribute] / [that contributes] to reducing tobacco consumption and [harm from] / [the harmful effects of] tobacco use [, including exposure to [second-hand] smoke,] [particularly in developing countries [and countries with transitional economies]], [taking fully into account the recommendations of the Conference of the Parties [and the evaluation of the impact of programmes designed for the control and prevention of tobacco addiction, and the economic and social impact associated with tobacco consumption, particularly in developing countries[, and countries with transitional economies]]] [in cooperation with the World Health Organization and other international agencies]; [(c) promote and strengthen [, with the support of competent international organizations,] [training and support for all those engaged in tobacco control activities, including research, implementation and evaluation]] / [the training and preparation of multidisciplinary teams to gradually develop surveillance systems, research and programmes of intervention for tobacco control;] [(d) promote and encourage research activities designed to accelerate diversification of alternative crops, especially in developing countries;] [(e) D. promote research activities on behaviour and attitudes.]
Guiding principles
To achieve the objective of this Convention and to implement its provisions, the Parties shall be guided, inter alia, by the principles set out below: [1. It should be a public health imperative to prevent and halt the growth of tobacco consumption and to reduce its current impact, in order to protect and promote the health of all individuals and to reduce tobacco-related morbidity and mortality at national and global levels.] [2. Full information should be provided to the general public about the addictive and lethal nature of tobacco consumption, and everyone should be [adequately] protected from exposure to tobacco smoke [, and from tobacco dependence and nicotine addiction] and its health [and environmental] consequences, also recognizing the importance of efforts and various measures to control tobacco smoking of young persons [and of health promotion for the development of healthy lifestyles and tobacco free environments].] [2.bis Strong political commitment is needed to develop and support comprehensive multisectoral measures and coordinated responses at both national and international levels.] [2.ter The importance of international cooperation, particularly transfer of technology and financial assistance between Parties, to establish and implement effective tobacco-control programmes, taking into consideration local culture, social, economic, political and legal factors, should be recognized.]
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