WORLD HEALTH ORGANIZATION INTERGOVERNMENTAL NEGOTIATING BODY ON THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL Fourth session Provisional agenda item 4 A/FCTC/INB4/7 14 March 2002
Meetings of the Co-Chairs and Bureau of the Intergovernmental Negotiating Body 21 February 2002 1. Separate meetings of the Co-Chairs of the Working Groups and of the Bureau of the Intergovernmental Negotiating Body for the WHO framework convention on tobacco control were convened on Thursday, 21 February 2002, under the chairmanship of Mr D. Hohman (Interim Chair of the Negotiating Body). A report of the two meetings follows.
MEETING OF THE CO-CHAIRS 2. Proposed redistribution of responsibilities among working groups. It was suggested that some of the tasks that had been originally assigned to Working Group 1 be redistributed to Working Groups 2 and 3. Specifically, it was proposed that “Research” (K.2) and “Elimination of sales to and by young persons” (I.8-12) should be reallocated to Working Group 2 from Working Group 1, and that provisions on “Advertising, promotion and sponsorship” (G.2-4) be redistributed from Working Group 1 to Working Group 3. There being general consensus on this proposal, it was suggested that the Co-Chairs and members of the Bureau would discuss the proposed redistribution with Member States in preparation for the forthcoming intersessional and regional consultations (the latter to be held in Geneva, 17 March 2002).1 3. Method of work. There was general support for the proposal to use informal drafting meetings during the fourth session of the Negotiating Body in order to make headway in the negotiations and of having facilitators lead informal discussions on controversial issues. It was suggested that those facilitators might be chosen by the Co-Chairs, for example, among the Vice-Chairs of the Negotiating Body or, in order to ensure transparency, regional coordinators. A cover note to the provisional timetable2 would explain that the Co-Chairs could convene informal drafting meetings at their discretion, subject to the approval of the Negotiating Body. 4. Cross-cutting issues. The Interim Chair noted that the secretariat, pursuant to the decision taken during the last plenary meeting at the third session of the Negotiating Body, had prepared a On 17 March 2002, a meeting for the Regional Offices for Europe, the Eastern Mediterranean and the Western Pacific will be held between 9:00 and 12:00 and that for the Regional Offices for Africa, the Americas and South-East Asia between 14:00 and 17:00. 2 1
Document A/FCTC/INB4/DIV/1.
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document providing examples of draft possible technical annexes1 for the fourth session. If there were sufficient time, a preliminary discussion on technical annexes could take place during that session in the working group specifically responsible for the issue covered in the relevant technical annex. 5. Regional consultations. These will be held on Sunday, 17 March, after which, it was agreed, the Co-Chairs would meet at 17:00.
MEETING OF THE BUREAU 6. Provisional timetable and method of work. The Interim Chair reviewed the draft daily timetable. There will be opening and closing plenary meetings on 18 and 23 March, respectively, but other plenary meetings may be convened if required. A discussion of possible protocols to the framework convention is scheduled for the closing plenary. The timetable also lists three formal meetings for each of the working groups; informal meetings may also be convened (see paragraph 1). During the third session of the Negotiating Body, the distinction between formal and informal meetings had not been clear, and it was agreed that a cover note would clarify that distinction. There was consensus that for negotiations to progress and for difficult issues to be resolved, informal meetings would increasingly be required. The possibility of setting up an ad hoc group on definitions had also been proposed at the third session, but no progress had been made in that direction. The Bureau agreed that the matter should be discussed during the opening plenary meeting. 7. Proposed redistribution of responsibilities among working groups. The Interim Chair reported on the discussion with the Co-Chairs about the proposed redistribution of responsibilities. The Bureau had previously agreed that the responsibilities of the working groups might have to be redistributed, after approval by the Negotiating Body, as envisaged when the original document on the division of responsibilities had been adopted.2 The Bureau agreed that an amended version of the document should be circulated to Member States for possible consideration at the opening plenary; a draft proposal is attached to this report (Annex 2). 8. Election of the Chair. In accordance with the agreement reached at the third session of the Negotiating Body, Ambassador Ali Khorram (Islamic Republic of Iran), Vice-Chair, but in his personal capacity, was charged with facilitating intersessional consultations. Ambassador Ali Shabestari (Islamic Republic of Iran), on behalf of Ambassador Khorram, gave an update on the intersessional consultative process (Annex 3). The Director-General informed the Bureau that, further to information received from the Permanent Mission of the Islamic Republic of Iran on 6 February 2002, a note verbale had been sent to all Member States informing them of the withdrawal of the candidature of Dr M.E. Tshabalala-Msimang, Minister of Health of South Africa, for the office of the Chair of the Intergovernmental Negotiating Body, and that consequently the only remaining candidate was Ambassador Luiz Felipe de Seixas Corrêa (Permanent Representative of Brazil), proposed by the Government of Brazil. 9. Proposed dates for the fifth session of the Intergovernmental Negotiating Body. The International Conference Centre, Geneva has been reserved from 14 to 27 October 2002, in order to allow for a long fifth session. The Bureau decided, however, that the exact dates and length of the session will be an issue for the new Chair to take up with the Intergovernmental Negotiating Body. 1 2
Document A/FCTC/INB4/INF.DOC./1. Document A/FCTC/INB2/DIV/6.
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10. Future Bureau meetings. The next meeting will be held on Sunday, 17 March 2002, at 18:00. The provisional timetable has scheduled further meetings of the Bureau on Monday, Wednesday, Friday and Saturday (18, 20, 22 and 23 March, respectively) from 9:00 to 9:30.
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ANNEX 1 LIST OF PARTICIPANTS Interim Chair and Bureau member Mr D. Hohman (United States of America)
Bureau members Ms J. Bennett (Australia) Mr H. Dilemre (Turkey) Ambassador S. Kunadi (India) Ms P. Lambert (South Africa) Ambassador A.A.M. Shabestari (Islamic Republic of Iran) Co-Chairs Mr E. Aiston (Canada) Ambassador T. Caughley (New Zealand) Ambassador B.G. Chidyausiku (Zimbabwe, on behalf of Dr T. Stamps) Dr Hatai Chitanondh (Thailand) Professor J.-F. Girard (France) Mr H. Selim (Egypt, on behalf of Mr I. Seddik)
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ANNEX 2 PROPOSED DIVISION OF RESPONSIBILITIES AMONG WORKING GROUPS The following provisions, shown in bold italic face below, are proposed to be redistributed from Working Group 1 to Working Group 2: “Research” (K.2) and “Elimination of sales to and by young persons” (I.8-12), and provisions on “Advertising, promotion and sponsorship” (G.2-4) from Working Group 1 to Working Group 3. Articles in Chair’s text1 – Working Group 1 • • • • • • • • • Definitions (B) Guiding principles (D.1-2) General obligations (E.1-2) Passive smoking (G.1(a)) Regulation of the contents of tobacco products (G.1(b)) Regulation of tobacco product disclosures (G.1(c)) Packaging and labelling (G.1(d)) Education, training and public awareness (G.1(e)) Demand reduction measures concerning tobacco dependence and cessation (H.1-2)
Articles in Chair’s text1 – Working Group 2 • • • • • • • • • Definitions (B) Guiding principles (D.4-5, D.7) General obligations (E.3) Price and tax measures to reduce the demand for tobacco (F.1 and F.2(a), (c)) Price and tax measures to reduce the demand for tobacco (F.2(b)) Illicit trade in tobacco products (I.1-7) Elimination of sales to and by young persons (I.8-12) Licensing (I.13-14) Government support for tobacco manufacturing and agriculture (I.15)
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See document A/FCTC/INB2/2.
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Annex 2
Articles in Chair’s text1 – Working Group 2 • • • Surveillance (K.1) Research (K.2) Exchange of information (K.3)
Articles in Chair’s text1 – Working Group 3 • • • • • • • • • • • Definitions (B) Guiding principles (D.3, 6, 8) General obligations (E.4-7) Advertising, promotion and sponsorship (G.2-4) Compensation and liability (J) Scientific, technical and legal cooperation (L) Conference of the Parties (M), Secretariat (N), Support by the World Health Organization (O) Reporting and implementation (P), Settlement of disputes (R) Financial resources (Q) Development of the convention (S) [no provisions were drafted in the Chair’s text: to be formulated at a later session of the Intergovernmental Negotiating Body] Final clauses (T) [no provisions were drafted in the Chair’s text: to be formulated at a later session of the Intergovernmental Negotiating Body]
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See document A/FCTC/INB2/2.
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ANNEX 3 REPORT BY AMBASSADOR ALI SHABESTARI (ISLAMIC REPUBLIC OF IRAN) 1. The following is the text of the report given by Ambassador Ali Shabestari on behalf of Ambassador Ali Khorram. “On behalf of Ambassador Khorram as the facilitator for the consultation process for the election of the Chair of the Intergovernmental Negotiating Body on a WHO framework convention on tobacco control, I have the pleasure to report the following: (a) Based on the request of the facilitator, on 14 December 2001, a circular note was sent by WHO, informing Member States that a period of one month, from 14 December 2001, was available for Member States to suggest candidates for the Chair of the Intergovernmental Negotiating Body. (b) At the end of the one-month period, the Permanent Mission of the Islamic Republic of Iran was formally informed of the availability of two candidates for the post, as follows: (i) On 11 January 2002, the Iranian Mission received a copy of the letter from Dr M.E. Tshabalala-Msimang, the Minister of Health of South Africa, addressed to the Director-General of WHO, containing her Government’s formal submission of her candidature for Chair of the Intergovernmental Negotiating Body; (ii) On the same day, the Iranian Mission received a note verbale from the Permanent Mission of Brazil, informing of the availability of Ambassador Luiz Felipe de Seixas Corrêa, Permanent Representative of Brazil to the United Nations in Geneva, to chair the Intergovernmental Negotiating Body. (c) On 4 February 2002, the Permanent Mission of the Islamic Republic of Iran received a letter from the Health Counsellor at the South African Mission, enclosing a copy of a note verbale sent to WHO on the withdrawal of the nomination of Dr Tshabalala-Msimang, Minister of Health of South Africa, as a candidate for the chairmanship of the Intergovernmental Negotiating Body. (d) On 6 February 2002, the Permanent Mission of the Islamic Republic of Iran sent a note verbale to WHO, asking them to inform all members of the Negotiating Body about the withdrawal of the South African candidate, leaving the Brazilian candidate as the only one for the position of the Chair of the Intergovernmental Negotiating Body. (e) As a result of the aforementioned withdrawal, Ambassador Luiz Felipe de Seixas Corrêa, proposed by the Government of Brazil, is at this point the only remaining candidate for the post of the Chair, as a result of the consultation process agreed on at the third session of the Intergovernmental Negotiating Body.
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Annex 3
(f) The election of a new Chair is on the provisional agenda for the fourth session of the Intergovernmental Negotiating Body, to be held in Geneva from 18 to 23 March 2002. Thank you.”
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