WORLD HEALTH ORGANIZATION CONFERENCE OF THE PARTIES TO THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL First session Provisional agenda item 5.1 A/FCTC/COP/1/INF.DOC./2 9 January 2006
Reporting and exchange of information in accordance with Article 21 of the WHO Framework Convention on Tobacco Control Note by the Secretariat
INTRODUCTION 1. In May 2003, the Fifty-sixth World Health Assembly by Resolution WHA 56.1 adopted the WHO Framework Convention on Tobacco Control and established the Open-ended Intergovernmental Working Group, mandated to consider issues to be addressed by the Conference of the Parties at its first meeting. In addition to enumerating a number of specific procedural issues (paragraph 7), the Resolution provides that “the Open-ended Intergovernmental Working Group shall also oversee preparations for the first session of the Conference of the Parties and report directly to it” (paragraph 8). 2. The obligation of Parties to submit periodic reports on their implementation of the Convention to the Conference of the Parties, in accordance with Article 21, was an issue not specifically addressed in the list of items to be considered by the Intergovernmental Working Group. Article 21of the WHO Framework Convention provides that the Conference of the Parties shall decide on the format and frequency of the reports, and shall consider arrangements to assist developing countries and countries with economies in transition in preparing and submitting reports. Article 21 adds that each Party shall make its initial report within two years of the entry into force of the Convention for that Party. In order to enable the Parties to commence preparation of their first reports in order to submit them in a timely manner, it is essential that the Conference of the Parties adopts a decision on these issues at its first meeting. This requires that the interim secretariat prepare relevant background information and proposals that can serve as the basis for consideration and decision of the issue by the Conference of the Parties. 3. The Intergovernmental Working Group did not consider this matter. Its bureau agreed on the elaboration of documentation on this issue by the interim secretariat, in keeping with the Intergovernmental Working Group’s role of overseeing preparations for the first meeting of the Conference of the Parties. Accordingly, the interim secretariat has prepared the present Note. It gives a general overview of the nature, purpose and modalities of national reporting in international treaties, describes the reporting requirements under the WHO Framework Convention, outlines existing
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surveillance activities for tobacco-related issues carried out by the WHO Tobacco Free Initiative, and sets out options for the establishment of national reporting arrangements under the WHO Framework Convention. A proposed draft format for reporting appears in Annex 1, and an overview of precedents in other treaties appears in Annex 2.
NATURE, PURPOSE AND MODALITIES OF REPORTING IN MULTILATERAL ENVIRONMENTAL AGREEMENTS Reporting: characteristics and purpose 4. The system of reporting under the WHO Framework Convention as set out in Article 21 is essentially modelled on the relevant provisions in a number of existing multilateral environmental agreements.1 It is a system adopted by many modern Agreements at global and regional levels. Other treaty systems use different methods of ensuring the monitoring of implementation at the Party level. 5. This system of reporting consists of submission of reports by Parties to the secretariat, at regular intervals and in a specific format, on activities undertaken at the national or Party level to implement the Convention, for consideration by the Conference of the Parties. The secretariat compiles the reports and transmits them to the Conference of the Parties. Reporting fulfils a number of functions. First, it assists the Conference in the assessment of implementation of the treaty, and identification of problems encountered by the Parties as well as possible gaps in the treaty’s provisions, and on that basis, consideration of appropriate response measures. In this sense, the reporting process is key to enabling the Conference of the Parties to assess the overall status of implementation of the treaty. Second, the process of reporting can assist Parties in monitoring the status of implementation of its commitments under the treaty. It can help Parties to identify those commitments that are being successfully met, those that have not been implemented, and constraints to implementation. This can in turn facilitate the adoption of appropriate response measures at the national or Party level. Third, if the reports are publicly available, they can help relevant actors (for example, intergovernmental agencies, specialist nongovernmental organizations and scientific bodies) to formulate focused strategies and programmes to assist Parties, individually or collectively, with implementation of the treaty provisions. Fourth, they can help Parties to gain an insight into the implementation measures of other Parties, and compare these with their own measures. This can enable individual Parties or groups of Parties to identify common issues to be addressed, thus facilitating for example the development of regional initiatives for implementation. 6. Since the system of reporting under the WHO Framework Convention is based on the equivalent system of multilateral environmental agreements, the present note, in outlining the function of the system, considers the relevant precedents. More detailed descriptions of existing reporting systems under the Agreements appear in Annex 2.
Reporting obligations of the Parties 7. Under a reporting system, Parties have the obligation to compile and submit reports in two main areas: (1) measures they have adopted to implement the provisions of the Convention, and (2) data on important aspects of the issue addressed by the Convention. Most conventions feature a provision detailing the issues on which reports must be submitted, similar to Article 21 of the WHO Framework 1
See document A/FCTC/IGWG/1/6, 8.
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Convention. The reports must be submitted periodically, at intervals determined by the Conference of the Parties. 8. Furthermore, the reports must be submitted in the format adopted by the Conference of the Parties or by a competent subsidiary body. The use of electronic templates with forms to be completed online is the norm in reporting systems of environmental treaties. Since the establishment of reports is often complex and time consuming, guidance materials such as handbooks are usually made available to Parties by the secretariat of the Convention. These materials are also made available online. Under some conventions, the secretariat also provides support to parties in the shape of regional or subregional workshops on reporting. Such assistance is sometimes funded from extrabudgetary contributions or through the financial mechanism of the convention.
Role of the Conference of the Parties 9. In accordance with the relevant provisions of a given convention, the Conference of the Parties decides on the frequency of reporting, the deadlines for submission of reports, and the format and languages in which the reports must be submitted. These decisions are generally adopted at the first meeting of the Conference of the Parties in order to allow the reporting process to start as early as possible. Usually, the Conference of the Parties also mandates the development of reporting tools such as handbooks and other guidance materials. The reporting system is usually improved and refined during the lifetime of a convention. This can include the definition of different reporting periods and formats for different items, and the adaptation of reporting tools to improved reporting requirements. The Conference of the Parties mandates the secretariat to develop and propose such improvements, and considers and approves the resulting documents for use by the Parties. Under a number of conventions, the relevant tasks are assigned to a specialized subsidiary body, which provides guidance to the secretariat and considers the results before submitting recommendations to the Conference of the Parties. 10. The Conference of the Parties considers the reports and, if appropriate, draws relevant conclusions as to measures needed to improve the implementation of the Convention. On the basis of these conclusions, the Conference of the Parties may decide to adopt the necessary recommendations. Some conventions specify this as one of the tasks of the Conference of the Parties, as does the WHO Framework Convention in Article 23.5(d). Under many existing conventions, a specialized subsidiary body undertakes the task of analysing the reports and drawing the relevant conclusions and recommendations for action, which are then submitted to the Conference of the Parties for decision.
Role of the secretariat 11. In accordance with the tasks of the Conference of the Parties the role of the secretariat is twofold. On the one hand, it prepares proposals for the reporting period and deadlines, the reporting format, and guidance materials, for consideration and adoption by the Conference of the Parties or a competent subsidiary body. As the Conference of the Parties or the specialized subsidiary body adopts decisions to elaborate or refine the reporting system, the secretariat carries out the relevant work under the guidance of the competent body. 12. On the other hand, the secretariat is responsible for compilation of reports and their transmission to the subsidiary body and/or to the Conference of the Parties under the guidance of the relevant body. This includes the following tasks:
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• Collecting the reports and communicating with Parties in this context (e.g., issuing invitations to submit, communicating deadlines for submission, sending out reminders in the event of late submission); • Processing the reports for submission to the Conference of the Parties or the subsidiary body; depending on the requirements of the individual reporting system, this may include – Compilation; – Synthesis; and – Developing specific information tools on the basis of reports (e.g., country fact sheets); • Setting up and managing a database for the information derived from reports; • Publishing the reports and/or the compilations or information tools and making them available on the internet; and • Provision of assistance to Parties in preparing reports through the development of guidance materials (such as handbooks) or individual support.
REPORTING UNDER THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL 13. The requirements and modalities of reporting under the WHO Framework Convention are laid down in Article 21, which reads as follows: 1. Each Party shall submit to the Conference of the Parties, through the secretariat, periodic reports on its implementation of this Convention, which should include the following: (a) information on legislative, executive, administrative or other measures taken to implement the Convention; (b) information, as appropriate, on any constraints or barriers encountered in its implementation of the Convention, and on the measures taken to overcome these barriers; (c) information, as appropriate, on financial and technical assistance provided or received for tobacco control activities; (d) (e) information on surveillance and research as specified in Article 20; and information specified in Articles 6.3, 13.2, 13.3, 13.4(d), 15.5 and 19.2.
2. The frequency and format of such reports by all Parties shall be determined by the Conference of the Parties. Each Party shall make its initial report within two years of the entry into force of the Convention for that Party.
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3. The Conference of the Parties, pursuant to Articles 22 and 26, shall consider arrangements to assist developing country Parties and Parties with economies in transition, at their request, in meeting their obligations under this Article. 4. The reporting and exchange of information under the Convention shall be subject to national law regarding confidentiality and privacy. The Parties shall protect, as mutually agreed, any confidential information that is exchanged.
Reporting obligations of the Parties to the WHO Framework Convention on Tobacco Control 14. The reporting obligations under the WHO Framework Convention generally follow the pattern described in the section on Nature, purpose and modalities of reporting in multilateral environmental agreements. Article 21 paragraphs 1(a) to 1(c) specify a number of issues on which Parties must report, while paragraphs 1(d) and 1(e) refer to a number of specific provisions on matters that are subject to reporting. As under other conventions, the WHO Framework Convention reporting obligations concern legislative and similar measures, on the one hand, and transmission of information and data on the issues addressed by the Convention, on the other. 15. The provisions of the WHO Framework Convention setting out the reporting obligations are thus fairly detailed. Parties must submit national reports on the following issues: • Legislative, executive, administrative or other measures taken to implement the Convention (Article 21.1(a)); • Constraints or barriers encountered in implementing the Convention, and measures taken to overcome these (Article 21.1(b)); • Financial and technical assistance provided or received for tobacco control activities (Article 21.1(c)); • Surveillance and research activities and programmes (Articles 21.1(d) and 20); • Rates of taxation for tobacco products and trends in tobacco consumption (Articles 21.1(e) and 6.3); • Legislative, executive, administrative or other measures taken to adopt and implement a ban on tobacco advertising, promotion and sponsorship (Articles 21.1(e) and 13.2); • Legislative, executive, administrative or other measures taken to apply restrictions on tobacco advertising, promotion and sponsorship (Parties unable to adopt a comprehensive ban due to constitutional obstacles; Articles 21.1(e) and 13.3); • Information received by the relevant governmental authorities on expenditures by the tobacco industry on advertising, promotion and sponsorship, if so decided by the authorities (Articles 21.1(e) and 13.4(d)); • Data on cross-border trade in tobacco products, including illicit trade (Articles 21.1(e), 15.5 and 15.4(a));
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• Measures adopted and implemented to monitor, document and control the storage and distribution of tobacco products held or moving under suspension of taxes or duties (Articles 21.1(e), 15.5 and 15.4(d)); • Information on the health effects of the consumption of tobacco products and exposure to tobacco smoke (Articles 21.1(e), 19.2(a) and 20.3(a)); and • Information on legislation and regulations in force as well as pertinent jurisprudence (Articles 21.1(e) and 19.2(b)).
Role of the Conference of the Parties to the WHO Framework Convention on Tobacco Control 16. Initially, as is the norm in conventions with this type of reporting system, the Conference of the Parties to the WHO Framework Convention will have to decide on the format and frequency of reports. In this regard, the Convention specifies that first reports must be submitted by each Party within two years of entry into force for it (Article 21.2). This means that the format and other elements of the reporting system must be decided by the Conference of the Parties at its first session if the initial Parties that brought the Convention into force are to submit their first reports within this deadline. It may also decide to develop guidance materials to be used by Parties to assist them in complying with the reporting requirements, as is customary in conventions featuring reporting requirements of this nature. Article 21.3 expressly requests the Conference of the Parties to consider assistance to developing countries and countries with economies in transition for national reporting, at their request. In addition to the development of guidance material, this may include workshops, support to countries on an individual basis, and in-country assistance. 17. On an ongoing basis, the Conference of the Parties will consider the reports submitted by the Parties, and use them, together with other information, for its review of the implementation of the Convention, and for the preparation of its own regular reports on the implementation of the Convention, in accordance with Article 23.5. This will in turn serve as a basis for the Conference of the Parties to consider decisions to improve the implementation of the Convention or to adopt amendments to the Convention, or annexes, or protocols, in accordance with Article 23.5. There is currently no provision for the establishment of a specialized subsidiary body to deal with national reporting, although the Conference of the Parties does have the general competence to establish subsidiary bodies under Article 23.5(f). That Article would provide the legal basis for the establishment of a subsidiary body addressing issues of reporting and implementation if it were deemed necessary at a later stage, as has been the case under some existing conventions.
Role of the secretariat of the WHO Framework Convention on Tobacco Control 18. Article 24.3(b) requires the secretariat to transmit reports to the Conference of the Parties. In practice, this will include all communications with the Parties in connection with reports as well as processing the information received. 19. In accordance with Article 24.3(c), the secretariat will provide support to Parties, in particular developing countries and countries with economies in transition, in the compilation of reports. The form and extent of this support will need to be decided by the Conference of the Parties, taking into account the needs and the available financial resources.
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EXISTING TOBACCO CONTROL-RELATED SURVEILLANCE AND RESEARCH ACTIVITIES CARRIED OUT BY WHO AND THE WHO TOBACCO FREE INITIATIVE 20. Surveillance and research programmes provide the backbone of public health action and intervention. The systematic and ongoing collection, collation and analysis of data and timely dissemination of those data allow for a full understanding of the breadth and scope of a public health concern as well as offer insight into the design, development and implementation of appropriate interventions. This is particularly true in tobacco control, where empirical evidence shows that the most successful national tobacco control policies are supported by effective surveillance and evaluation systems. As such, WHO and WHO’s Tobacco Free Initiative are engaged in a number of global programmes through which the prevalence of tobacco use, its health and economic consequences, its socio-cultural determinants and tobacco control policy responses as well as tobacco industry activities are measured. 21. This section comprises an overview of the tobacco control-related surveillance and research activities in which WHO and WHO’s Tobacco Free Initiative are involved. This review is offered not only as a brief summary of extant programmes, but also as a possible starting point for the Conference of the Parties’ consideration of the reporting requirements under the WHO Framework Convention and how they may mesh with surveillance programmes already in place.
WHO/United States’ Centers for Disease Control and Prevention Global Youth Tobacco Survey 22. The Global Youth Tobacco Survey (GYTS) is a school-based survey given to students aged 13-15 years in either or both public and private schools. It is designed to enhance the capacity of countries to monitor tobacco use among youth and to guide the implementation and evaluation of tobacco prevention and control programmes. The information generated from the GYTS can be used to stimulate the development of tobacco control programmes and can serve as a means to assess progress in meeting programme goals. Moreover, GYTS data can be used to enhance the sensitivity to certain aspects of youth-related tobacco control addressed in the WHO Framework Convention. 23. The GYTS is composed of 56 core questions designed to gather data on the following seven domains: • Knowledge and attitudes of young people towards cigarette smoking; • Prevalence of cigarette smoking and other tobacco use among young people; • Role of the media and advertising in young people’s use of cigarettes; • Access to cigarettes; • Tobacco-related school curriculum; • Environmental tobacco smoke; and • Cessation of cigarette smoking.
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24. The questionnaire also allows countries to insert their own country-specific questions, thereby allowing for intra-country tailoring without loss of inter-country comparison data. 25. In the last few years, this groundbreaking survey has produced systematic documentation of the global youth tobacco use burden. In broad strokes, the data indicate that the problem is of equal concern in developing and developed countries and that in over half the responding countries, there is no statistical gender differentiation in cigarette smoking among the young people surveyed. 26. The GYTS was developed by WHO and the United States’ Centers for Disease Control and Prevention. Funding for the Survey has been provided by the United States’ Centers for Disease Control and Prevention, the Canadian Public Health Association, National Cancer Institute, UNICEF and WHO. For more information on the Survey, please access http://www.who.int/tobacco/ surveillance/gyts/en/.
WHO/United States’ Centers for Disease Control and Prevention Global School Personnel Survey 27. The Global School Personnel Survey (GSPS) is another school-based survey, the aim of which is to collect information from school personnel concerning their use of tobacco and their tobaccorelated school policies and programmes. Topically and programmatically related to the Global Youth Tobacco Survey discussed above, the GSPS was also developed collaboratively by WHO and the United States’ Centers for Disease Control and Prevention. 28. The GSPS questionnaire is designed to gather data on the following five core components: • Demographics; • Prevalence of cigarette smoking and other tobacco use; • Knowledge and attitudes about tobacco use; • School policy; and • School curriculum. 29. Eligibility to participate in the GSPS is tied to selection for inclusion in the Global Youth Tobacco Survey; that is, all schools selected for the Global Youth Tobacco Survey are eligible to participate in the GSPS. However, rather than limit the survey to certain personnel, all personnel at selected schools are eligible to complete the GSPS. This questionnaire is also self-administered and the results remain confidential. Questionnaires are distributed to participants who then return their completed surveys in one to two days. 30. The countries currently participating in the GSPS are India, Nepal, Sudan, Tunisia and Uruguay. For more information on the Global School Personnel Survey, please access http://www.cdc.gov/tobacco/global/GSPS.htm.
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WHO/United States’ Centers for Disease Control and Prevention Global Health Professional Survey 31. Working together, WHO, the United States’ Centers for Disease Control and Prevention and the Canadian Public Health Association developed the Global Health Professional Survey (GHPS) in 2004 to collect data on tobacco use and cessation counselling among health professional students. Tobacco use among health professionals is of particular interest in the area of tobacco-related surveillance since health professionals are not only responsible for primary health care and education for tobacco-related issues such as cessation and exposure to second-hand tobacco smoke, but are also role models in the community. Furthermore, the preamble of the WHO Framework Convention emphasizes the role of health professional bodies in efforts to include tobacco control in the public health agenda and contribute actively to the reduction of tobacco consumption. 32. Participants in the GHPS were third-year students pursuing advanced degrees in dentistry, medicine, nursing and pharmacy. The GHPS uses a questionnaire to address the following six core components: • Demographics; • Prevalence of cigarette smoking and other tobacco use; • Knowledge and attitudes about tobacco use; • Exposure to second-hand tobacco smoke; • Willingness to stop smoking; and • Training received regarding patient counselling on smoking cessation techniques. 33. Standardized methodology was used for selecting participating schools and classes and the survey employs uniform data processing procedures. A pilot study consisted of 16 surveys conducted in 10 countries during the first quarter of 2005. This set of 10 countries represents all the six WHO regions; training for new surveys is planned for 2006. 34. Concisely, the findings of the pilot study that preceded the main Global Health Professional Survey indicate that the smoking rates among third-year health professional students range from 18.1% to 47.1%; students in all four health professional disciplines and in all 10 countries believe that health professionals have a role in giving advice to patients about smoking cessation; the percentage of health professional students who had received formal training to provide tobacco cessation counselling to patients ranges from 5.2% to 36.6%; and over 90% of health professional students in all four disciplines and in nine of 10 countries believe that health professionals should be trained in cessation techniques. 35. Funding for the GHPS has been provided by the United States’ Centers for Disease Control and Prevention, the Canadian Public Health Association, the American Cancer Society and WHO. For more information on the GHPS, please access http://www.who.int/tobacco/surveillance/ ghps/en/index.html.
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The WHO Global InfoBase 36. The WHO Global InfoBase was established to respond to the increasing global noncommunicable disease burden by improving capacity in noncommunicable disease monitoring and control, particularly in developing countries. Comprising a large data warehouse of country-level risk factors of chronic diseases, stratified by age and sex, the current version of the InfoBase contains over 130 000 data points from more than 2800 sources and reports on 180 out of 192 WHO Member States. A unique feature is that each record can be linked back to all its survey information, including the primary source. The biennial InfoBase technical reports, namely the Surveillance of Chronic Disease Risk Factors Report Series, focus on eight risk factors, including tobacco use. 37. The WHO STEPwise approach to noncommunicable disease risk factor surveillance provides a standardized methodological structure for the InfoBase’s systematized collection, analysis and dissemination of noncommunicable disease risk factors data. The approach comprises three levels of risk factor assessment, with each level’s modules building on the one preceding it. Step 1 consists of the core or minimum set of self-reported measures on tobacco and alcohol use, nutritional status and physical inactivity. Step 2 expands on Step 1 by adding basic physical measurements such as blood pressure, height, weight and waist circumference. In Step 3, biochemical measures are added to the assessment. The methodology, particularly Steps 1 and 2, is intended to enhance surveillance of noncommunicable disease risk factors in developing countries with minimal resources. Data collected through the InfoBase programme can be utilized to study national and regional trends, and to a certain extent, provide the opportunity to examine the distribution of risk across populations. 38. This project fosters collaboration among relevant clusters and departments within WHO, WHO regional offices, other United Nations agencies, WHO collaborating centres, WHO country offices, governments and donors, ministries of health and leading scientific institutions for country action, and nongovernmental organizations. Additionally, InfoBase builds on existing initiatives and networks focused on noncommunicable disease risk factor surveillance. For more information on the WHO Global InfoBase, please access http://www.who.int/ncd_surveillance/infobase/en.
World Health Survey 39. WHO has developed and implemented a Survey Programme and a World Health Survey to compile low-cost, valid, comparable and comprehensive baseline information on the health of populations and on the outcomes associated with investment in health systems; baseline evidence on the way health systems are currently functioning; and, ability to monitor inputs, functions and outcomes. This in turn will provide policy-makers with the evidence they need to adjust their policies, strategies and programmes, as necessary. 40. Coordinated by WHO, the World Health Survey has been completed in 70 countries and the data sets are being cleaned and weighted and prepared for analysis by country teams. WHO will provide the basic tabulations to countries along with the final data sets and assist in the preparation of national reports. 41. The Survey respondents are probabilistically selected adults who are 18+ in nationally representative samples. The Survey collects data on health and health-related outcomes and risk factors. Specifically, it asks respondents questions about the frequency and quantity of tobacco use and provides estimates of current smokers (daily smokers and non-daily smokers), duration of daily smoking and the average quantity of tobacco used. This risk factor can then be related to other health outcomes.
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42. On an individual country level, WHO’s Survey Programme was developed through consultation with policy-makers and in collaboration with the people involved in routine health information systems and national surveys. The Programme will be complementary to their efforts, to ensure periodic data input in a cost-effective way so that important gaps in health information are covered. It will also establish a baseline to measure the impact of scaling up health activities. Here again, countries can choose to continue to collect information on tobacco use. For more information on the World Health Survey, please access http://www.who.int/healthinfo/survey/en/.
WHO Mortality Database 43. In the Mortality Database, WHO provides data on registered deaths by age group, sex, year and cause of death (e.g., mental and behavioural disorders due to use of tobacco) for individual Member States as part of its constitutional mandate to establish and maintain statistical services and provide information in the field of health. The data, available in the WHO Mortality Database, comprise deaths registered in national vital registration systems, with underlying cause of death as certified and coded by the relevant national authority. The underlying cause of death is defined as “the disease or injury which initiated the train of morbid events leading directly to death, or the circumstances of the accident or violence which produced the fatal injury” in accordance with the rules of the International Statistical Classification of Diseases and Related Health Problems. Accordingly, it is possible to analyse causes of deaths where tobacco is known to be a risk factor. Population data are also reported to enable the calculation of mortality rates. For more information on the WHO Mortality Database, please access http://www.who.int/healthinfo/cod/en/.
WHO Health Metrics Network 44. The Health Metrics Network is a new global initiative to improve the access, availability and quality of health information in developing countries. The Network does not provide data but focuses on assisting low- to middle-income countries in strengthening their capacity to provide necessary health information for policy development, planning and management. 45. The country health information system improvements are based on agreed-upon international standards and guidelines presented in the Network’s Technical Framework. The Technical Framework describes three domains of measurement for health information systems: (1) determinants of health, environmental and behavioural risks, socio-economic and demographic factors; (2) health system statistics, including system inputs, outputs and outcomes, and (3) health status, morbidity/disability, mortality and well-being. Information provided in these domains, including risk behaviour such as tobacco use, tobacco-use prevention programmes and outcomes, and tobacco-related morbidity and mortality data, would be included in a country’s health information through improved reporting. The Network has just completed its first round of awarding assistance to countries based on proposals requesting support for health information system strengthening and will be working in up to 40 countries in the next year; additional countries will be added over the next five years. Country reporting through improved health information systems will support surveillance activities on tobaccocontrol policies. For more information on the WHO Health Metrics Network, please access http://www.who.int/healthmetrics/en/.
The WHO Tobacco Free Initiative’s Research Programmes 46. As WHO’s technical body for tobacco control-related activities, the Tobacco Free Initiative includes tobacco control research as one of its primary missions. Collaborating with an international network of scientists and health experts, the Initiative is engaged in promoting research on various aspects of tobacco production and consumption, and on their impact on health and economics. These 11
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research agendas are operationalized through community-based intervention studies, surveillance, economic studies, systematic reviews, laboratory-based experimental research, legal research, tobacco industry monitoring (data gathering from publicly available sources for the development of monthly reports), and topic/region specific analysis. 47. In conjunction with the Member States of WHO and the relevant WHO departments and affiliated research bodies, as well as external partners, the Initiative’s research contributes to strengthening global tobacco control in order to contribute to advocacy, build sustainable capacity in developing countries and develop comprehensive national action plans on tobacco control. 48. Policy recommendations are developed based on the array of research in which the Initiative is involved or associated, and in accordance with the provisions of the Convention. Treaty-related recommendations cover different aspects of tobacco control, including regulation and legislation in relation to cessation, second-hand tobacco smoke, smoking and children, smoking and gender, and economics and trade.
OPTIONS FOR REPORTING UNDER THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL 49. The following section outlines options for each aspect of reporting to be decided by the Conference of the Parties at its first meeting. In accordance with the modalities of operation of the future permanent secretariat of the WHO Framework Convention and its cooperation with the Tobacco Free Initiative , the reporting arrangements to be developed in accordance with the provisions of the WHO Framework Convention might be built upon and integrate the existing surveillance activities of WHO and the Initiative.
Timing 50. The existing multilateral environmental agreements with reporting requirements provide for periodic reporting, the exact timing to be determined by the Conference of the Parties. Different approaches have been chosen to implement this requirement. Under some conventions, the Conference of the Parties establishes periodic reporting, with annual reporting being a common choice. Under other conventions, it sets successive reporting periods on an ad hoc basis. This approach can be useful where national reports are very extensive and their elaboration is therefore particularly time consuming, as is the case, for example, under the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change. Some conventions that have defined different categories of countries with different types of obligations (e.g., the United Nations Framework Convention on Climate Change and the United Nations Convention to Combat Desertification) have set different reporting periods for different groups of countries. Finally, another option is to single out specific topics and provide for separate reporting with separate timing, as under the Convention on Biological Diversity. This approach allows the Conference of the Parties or its subsidiary body to focus on the issue in question when considering the reports. 51. Under most conventions, a deadline is set for submission of reports for each period. This is generally a specified time prior to the meeting of the Conference or its subsidiary body at which the reports will be considered, in order to allow time for their processing by the secretariat.
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52. A recent set of guidelines developed under the auspices of the United Nations Economic Commission for Europe for reporting in the framework of multilateral environmental agreements in the relevant region1 recommends the following considerations when establishing reporting periods: • The frequency of reporting should be optimal and realistic to ensure that the most relevant and necessary information is provided in a timely and consistent manner to ease the burden on Parties and on the secretariat, and • When setting the deadline for reporting, account should be taken of the frequency at which data become available at the national level, and of the timing of international meetings to discuss them.
Reporting format 53. The elaboration of national reports can be cumbersome and time consuming, and compliance is often a problem in practice. The format should therefore be designed in such a way as to facilitate the reporting process. Under most of the precedents considered, a questionnaire was developed that is made available both electronically and in hard copy. In the course of the elaboration of the reporting format for the 2001 Stockholm Convention on Persistent Organic Pollutants, the interim secretariat conducted a survey on important requirements for a future questionnaire. In addition to points specific to the Stockholm Convention, the following general characteristics of an effective questionnaire were identified:2 • Simple and clear (so as to minimize the administrative burden on Parties); • Available in the six United Nations languages in electronic and hard copy versions; • Linked to the specific obligations contained in the Convention; • Accompanied by clear instructions on how to complete it; and • Designed in a way that allows comparison between the reporting countries. 54. To facilitate reporting and ensure that the information is obtained in comparable terms of quality and quantity, the guidelines developed under the auspices of the United Nations Economic Commission for Europe recommend the use of a questionnaire in an internet-based electronic format, containing the following elements: • A user-friendly layout; • Examples or other indications for the type of answer sought, including internet links to more detailed information;
1 UN/ECE Task Force on Environmental Compliance and Enforcement: Report by the Chairman, CEP/AC.11/2003/18, 16 December 2002.
See Document Format and Timing of Party Reporting under Article 15: Note by the Secretariat, UNEP/POPS/INC.7/19, 10 April 2003.
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• Cross-references and explanatory notes to provide guidance on the level of detail that is requested in open-ended questions; • Questions with possible answers listed below so that Parties can indicate whether the statements apply to them or not; • For second and subsequent reporting periods: pre-filled questionnaires where Parties are requested to confirm the accuracy of the information taken from past national reporting, or to update it; and • A final question that invites comments, suggestions and recommendations regarding ways to improve the questionnaire. 55. Under most global multilateral environmental agreements that have established a reporting system, reports can be submitted in the six United Nations languages. Under the Basel and Climate Conventions, reports should, if possible, also be submitted in English. Under the Montreal Protocol, the general reporting formats are available in English, French and Spanish, while specific formats are available in English only. 56. In an effort to facilitate discussion regarding the reporting format, the interim secretariat has prepared a preliminary draft of a questionnaire that might serve as a starting point for designing the WHO Framework Convention reporting instrument. This reporting model is presented as Annex 1 to this document and is also available in electronic format.
Management of information received 57. The management of information is a substantial task of the secretariat to a convention with reporting requirements. Virtually all secretariats concerned use internet-based electronic questionnaires and guidance materials as described above, so that the information is generally received in a uniform format. The relevant information is managed by means of a database. In the case of the secretariat of the WHO Framework Convention on Tobacco Control, where it is proposed that there will be close cooperation with the Tobacco Free Initiative, data management could be linked to the existing surveillance system operated by the Initiative. 58. The precedents show that even though national reports can be submitted in the six United Nations languages, they are most frequently submitted in English or French, sometimes in addition to another United Nations language, or in a United Nations language with an Executive Summary in English. The secretariats generally do not translate or edit the reports, nor are they made available as official documents of the Conference of the Parties or a subsidiary body. Under some conventions (e.g., the United Nations Framework Convention on Climate Change and the United Nations Convention to Combat Desertification), the reports are posted on the internet as received. Under some conventions, the secretariat elaborates a compilation and/or a synthesis report, which is made available in the United Nations languages in order to allow consideration by the Conference of the Parties and/or a specialized subsidiary body. Compilations or synthesis reports are usually also made available on the internet. The secretariat of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal elaborates two types of compilations as well as country fact sheets, which are made available on the internet.
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Assistance to Parties in establishing reports 59. The most common tool of assistance is the provision of guidance materials for the establishment of reports. Such materials have been developed for all existing global multilateral environmental agreements with reporting requirements. They are usually elaborated by the secretariat under the guidance of the Conference of the Parties or a specialized subsidiary body, often in the form of handbooks or guidelines. These materials are made available in hard copy and electronic form. They are often quite substantial. 60. The WHO Framework Convention expressly states that the Conference of the Parties shall consider arrangements for assistance to Parties, in particular developing countries and countries with economies in transition, on their request. Other conventions, such as the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change, feature similar provisions. This refers to specific assistance to individual countries or groups of countries in the form of reporting workshops, individual support by the secretariat on request, or in-country assistance. This type of assistance depends largely on the availability of financial resources. Under the United Nations Framework Convention on Climate Change and the Convention on Biological Diversity, it is funded through the Global Environment Facility serving as the financial mechanism to both conventions. Under the United Nations Convention to Combat Desertification, assistance is provided by regional organizations. In the provisional budget for the Permanent secretariat of the WHO Framework Convention for the period 2006-2007, submitted to the Intergovernmental Working Group at its second meeting in February 2005 by the interim secretariat, provision has been made for workshops and in-country assistance in the context of national reporting.1
Options for designation of the Permanent Secretariat and arrangements for its functioning, document A/FCTC/IGWG/2/Conf.Paper No.4, 4 February 2005.
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ANNEX 1 DRAFT FORMAT FOR REPORTING TO BE CONSIDERED BY THE CONFERENCE OF THE PARTIES
INTRODUCTION The following draft reporting format for implementation of the WHO Framework Convention on Tobacco Control called for under Article 21 of the Convention comprises a series of questions based on those components of the instrument that create obligations for Contracting Parties. This draft questionnaire covers the full range of obligations, but does not include qualifying language (e.g., “effective”). The data collected will serve as a tool both for Parties to evaluate the extent to which they are implementing the Convention and for the Conference of the Parties to determine the overall status of implementation of the Treaty. This draft format is provided in order to facilitate discussion and will need further work. It is proposed that the draft format could be revised by the secretariat based on the input from the Conference, and that it could then be used by Parties for the first reporting cycle, which may serve as a pilot phase. Implementing the questionnaire in this way could help to clarify its strengths and weaknesses and serve as a basis for a further revision by the Conference at its second meeting. The reporting questionnaire has been divided into substantive categories as follows: 1. 2. 3. 4. 5. 6. 7. 8. Information on the origin of the report Data Legislation, regulation, provisions/processes Information Financial and technical assistance provided or received for tobacco control activities Constraints or barriers encountered in the implementation of the Convention, and measures taken to overcome these barriers Assistance received in the preparation of the report and mechanisms to look for/retrieve missing information Feedback to the questionnaire. executive, administrative and other measures and
These categories are based on the subsections of Article 21.1 as well as the general provisions of Article 20. Within each category, questions and Articles are cross-referenced for clarity. The wording of questions follows the wording of the relevant provision(s) of the Convention as closely as possible. Accordingly, terms used in the questions comport with the meanings ascribed under Article 1, where applicable.
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Since regional economic integration organizations which are Parties to the Convention may exercise rights and obligations on issues covered by this questionnaire in accordance with the extent of their competence, references to “country” or “national” should be understood as references to regional economic integration organizations when applicable. The purpose of these reports is to describe the current landscape of tobacco control-related activity among the Contracting Parties and to guide the Conference of the Parties in harmonizing treaty implementation and data collection. It is recommended that all relevant stakeholders be involved in the preparation of the report to ensure transparency and comprehensiveness. The secretariat welcomes comments on any of the questions, the overall format or the process of completing the report as well as recommendations on how the reporting process can be improved.
DRAFT REPORTING FORMAT 1. Information on the origin of the report
(a) Name of Contracting Party (b) Information on National Contact / Focal Point Name and title of contact officer Telephone number E-mail (c) Information on contact officer submitting the national report if different from the above Name and title of contact officer Telephone number E-mail (d) Signature of the officer responsible for submitting report Full name of the institution Mailing address Fax number Web page (e) Period reported (f) DATE THE REPORT WAS SUBMITTED Report for the period (day/month/200_) to (day/month/200_) (day/month/year)
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2.
Data
This section of the questionnaire comprises questions regarding obligations under the WHO Framework Convention requiring that Contracting Parties monitor and/or collect data regarding the magnitude, patterns, determinants and consequences of tobacco consumption and exposure to tobacco smoke, including data sensitive to gender, youth and indigenous populations. In cases where data have been collected, either by a country or as part of an existing surveillance programme, copies of the data should be attached to the completed questionnaire. Of particular usefulness are articles from refereed journals reflecting national and sub-national data as well as any records of participation in regional or global survey projects. The purpose of requesting verification of data is both to ensure that all analysis of current data is as accurate as possible and to best determine where resources should be focused in the future. No ranking or suggestion of ranking is intended. Draft model tables (included below) on tobacco-related epidemiological and mobidity/mortality data are intended to give examples of possible variables to be reported and are based on the WHO InfoBase data collection system and the methodology of the WHO STEPwise approach. Designed to respond to the increasing global noncommunicable disease burden by improving capacity in noncommuncable disease monitoring and control, the model questionnaire of the STEPwise approach could potentially be used as the first template for Contracting Parties to report on epidemiological data and trends. Under the methodology of the STEPwise approach, it is recommended that the following conditions be included in the morbidity and mortality data: cardiovascular diseases (including heart disease, stroke and hypertension); cancer; and respiratory diseases (including chronic-obstructive pulmonary disease and asthma). It should be noted that the WHO InfoBase collects country-level data on important noncommunicable disease risk factors for all WHO Member States. There are many different survey instruments available for collecting data on health behaviours and biological markers of risk exposure, and each instrument has advantages and limitations. The main objective of the noncommunicable disease surveillance programme is to use the already collected country data to produce best estimates of country-level risk factor prevalence and trends in standard age groupings. Notably, because there are a number of survey instruments, definitions (e.g., smoking status) vary from survey to survey and the process of harmonization to establish comparable measures between different surveys occurs a posteriori as appropriate and when possible. This process has the advantage of harmonizing and validating the methodology of previous data collection as well as identifying non-comparable methodologies, thereby providing the best possible use of already existing surveys. Like InfoBase, the draft model questionnaire contained in this Annex is not designed to be a primary data collection instrument and as such includes only descriptions of variables that might be used for epidemiological reporting envisaged under the WHO Framework Convention. For example, variables like tobacco-related illness are included with the understanding that they will require further definition regarding the etiology of disease and cause of death. By providing some information on an extant survey information system, it is hoped that this Annex will offer sufficient foundation for the Contracting Parties to move forward, through consultations with internal and external partners, in designing a final WHO Framework Convention data collection and reporting tool. Contracting Parties might, as appropriate, consider other surveillance systems and surveys as sources of information for reporting. Other systems include but are not limited to the Global Youth Tobacco Survey, the Global School Personnel Survey, the Global Health Professional Survey, the World Health Survey, the WHO Mortality Database, and the WHO Health Metrics Network.
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Tobacco-related epidemiological information
Core
Expanded
Optional
Demography
Age (25-64; separated into 10-year groups), sex, education (years), urban/rural % current daily smokers (+ frequency, duration); % ex-smokers (daily), mean age starting etc.
15-24 and/or 65-74 years, ethnicity, highest level of education, occupation, household income Amount, time since quitting, type of tobacco consumed
75-84 years, household size, marital status, household amenities, etc.
Tobacco use
Passive exposure to smoke, attempts to quit, beliefs, knowledge, attitude, behaviour
Tobacco-related morbidity and mortality
Core Number of people affected by tobaccorelated disease
Expanded Number of people affected by tobaccorelated disease subcategorized by disease Tobacco-related deaths sub-categorized by disease according to verbal autopsy
Optional Number of people affected by tobaccorelated disease subcategorized by disease and co-morbidity Tobacco-related deaths sub-categorized by disease according to vital records
Tobacco-related disease
Tobacco-related mortality
Number of tobaccorelated deaths per year
Q 1: Pursuant to Article 6.3 and in accordance with Article 21, please provide in the box below your country’s rates of taxation for tobacco products and trends in tobacco consumption. Please be as specific as possible and attach any relevant published information, documents, or articles.
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Q 2: Pursuant to Article 15.5 and in accordance with Article 21, please provide in the box below aggregate data/information collected on cross-border trade in tobacco products, including illicit trade, and exchange information among customs, tax and other authorities, and in accordance with national law and relevant applicable bilateral or multilateral agreements (see Article 15.4(a)). Please be as specific and detailed as possible, including descriptions of methodology, and attach any relevant published information, documents or articles.
Q 3: Pursuant to Article 15.5 and in accordance with Article 21, please provide in the box below aggregate data/information collected on the storage and distribution of tobacco products held or moving under suspension of taxes or duties within your country’s jurisdiction (see Article 15.4(d)). Please be as specific and detailed as possible, including descriptions of methodology, and attach any relevant published information, documents or articles.
Q 4: Pursuant to Article 19.2(a) and in accordance with Article 21, please provide in the box below data/information on the health effects of the consumption of tobacco products and exposure to tobacco smoke. These data should become available as your country’s national system for epidemiological surveillance of tobacco consumption and related social, economic and health indicators is progressively established in accordance with Article 20.3(a). Please be as specific and detailed as possible, including descriptions of methodology, and attach any relevant published information, documents or articles.
3.
Legislation, regulation, executive or administrative and other measures and provisions/processes
This section of the questionnaire comprises questions regarding obligations under the WHO Framework Convention requiring that Contracting Parties adopt and implement legislation, regulation, executive or administrative or other measures or provisions. All instances of such obligations are addressed, whether worded using “shall” or “should”. The distinction between prescriptive and non-prescriptive will be taken into account in the data analysis process.
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In cases where legal measures have been taken to satisfy the terms of the Convention, copies of the legislation, regulation, executive, administrative or other measures should be attached to the completed questionnaire. In cases where legal measures have been taken in a form not amenable to reproduction and inclusion in your answers to this questionnaire, please provide as much detail as possible about the measure(s) taken in the space provided. Q 1: Pursuant to Article 5.2(b), has your country adopted and implemented legislative, executive, administrative and/or other measures for preventing and reducing tobacco consumption, nicotine addiction and exposure to tobacco smoke? (a) Full domestic framework of legislative, executive, administrative and/or other measures in place (please give details below) (b) Punctual measures introduced (please give details below and attach text where appropriate) (c) No measures yet taken
Additional details:
Q 2: Pursuant to Article 6, has your country adopted or maintained: Measures in place (please give details below and attach text where appropriate) Implementing tax policies and price policies on tobacco products? (Article 6.2(a)) Measures to prohibit or restrict sales to and/or importations by international travellers of tax- and duty-free tobacco products? (Article 6.2(b)) Additional details: No measures yet taken
Q3: Pursuant to Article 8.2, has your country adopted and implemented legislative, executive, administrative and/or other measures in areas of national jurisdiction providing for protection from tobacco smoke in indoor workplaces, public transport, indoor public places and other public places? (a) Legislative, executive, administrative and/or other measures in place (please list smoke-free areas and interventions below if applicable) (b) No measures yet taken / measures are not adopted at the national level under the constitutional system Additional details:
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Q 4: Pursuant to Article 8.2, has your country actively promoted at other jurisdictional levels (e.g., state or community level) the adoption and implementation of legislative, executive, administrative and/or other measures providing for protection from tobacco smoke in indoor workplaces, public transport, indoor public places and other public places? (a) Promotion of legislative, executive, administrative and/or other measures engaged in (please give details below) (b) No promotion yet engaged in
Additional details:
Q 5: Pursuant to Article 9, has your country, where approved by competent national authorities, adopted and implemented legislative, executive, administrative and/or other measures for: Measures in place (please give details below and attach text where appropriate) Testing and measuring the contents and emissions of tobacco products? Regulating the contents and emissions of tobacco products? (please list existing tobacco product regulatory authorities and / or tobacco testing laboratories) Additional details: No measures yet taken
Q 6: Pursuant to Article 10, has your country, in accordance with its national law, adopted and implemented legislative, executive, administrative and/or other measures requiring: Measures in place (please give details below and attach text where appropriate) Manufacturers of tobacco products to disclose to governmental authorities information about the contents and emissions of tobacco products? Importers of tobacco products to disclose to governmental authorities information about the contents and emissions of tobacco products? Additional details: No measures yet taken
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Q 7: Pursuant to Article 11,1 has your country adopted and implemented measures to ensure that: Measures in place (please give details below and attach text where appropriate) Tobacco product packaging and labelling do not promote a tobacco product by any means that are false, misleading, deceptive, are likely to create an erroneous impression about its characteristics, health effects, hazards or emissions, including any term, descriptor, trademark, figurative or any other sign that directly or indirectly creates the false impression that a particular tobacco product is less harmful than other tobacco products? (Article 11.1(a)) Each unit and package of tobacco products and any outside packaging and labelling of such products also carry health warnings describing the harmful effects of tobacco use? (Article 11.1(b)) Each unit packet and package of tobacco products and any outside packaging and labelling of such products contains information on relevant constituents and emissions of tobacco products as defined by national authorities? (Article 11.2) The warnings and other textual information appear on each unit packet and package of tobacco products, and on any outside packaging and labelling of such products in your principal language or languages? (Article 11.3) Additional details: No measures yet taken
Q 8: Do the measures adopted and implemented pursuant to Article 11.1(b) ensure that: Yes (please give details below and attach text where appropriate) The health warnings are approved by the competent national authority? (Article 11.1(b)(i)) The health warnings are rotating? (Article 11.1(b)(ii)) The health warnings are large, clear, visible and legible? (Article 11.1(b)(iii)) The health warnings occupy no less than 30% of the principal display areas? (Article 11.1(b)(iv)) No
Pursuant to the text of Article 11.1, there is a three-year grace period following the entry into force of the Convention for the relevant Contracting Party.
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The health warnings occupy 50% or more of the principal display areas? (Article 11.1(b)(iv)) The health warnings are in the form of, or include, pictures or pictograms? (Article 11.1(b)(v)) Additional details:
Q 9: Pursuant to Article 12, has your country adopted and implemented legislative, executive, administrative and/or other measures to promote: Measures in place (please give details below and attach text where appropriate) Broad access to comprehensive educational and public awareness programmes on the health risks including the addictive characteristics of tobacco consumption and exposure to tobacco smoke? (Article 12(a)) Public awareness about the health risks of tobacco consumption and exposure to tobacco smoke, and about the benefits of the cessation of tobacco use and tobacco-free lifestyles as specified in Article 14.2? (Article 12(b)) Public access, in accordance with national law, to a wide range of information on the tobacco industry as relevant to the objective of this Convention? (Article 12(c)) Appropriate training or sensitization and awareness programmes on tobacco control addressed to persons such as health workers, community workers, social workers, media professionals, educators, decision-makers, administrators and other concerned persons? (Article 12(d)) Awareness and participation of public and private agencies and nongovernmental organizations not affiliated with the tobacco industry in developing and implementing intersectoral programmes and strategies for tobacco control? (Article 12(e)) Public awareness of and access to information regarding the adverse health, economic, and environmental consequences of tobacco production and consumption? (Article 12(f)) Additional details: No measures yet taken
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Q 10: Note: Contracting Parties will be required to answer either the first two or the second two questions, based on national Constitutional construction. Yes (please give details below and attach text where appropriate) Pursuant to Article 13.21 has your country, in accordance with its constitution or constitutional principles, undertaken a comprehensive ban of all tobacco advertising, promotion and sponsorship? Does the ban pursuant to Article 13.2 include a comprehensive ban on cross-border advertising, promotion and sponsorship originating from its territory? Pursuant to Article 13.3, if your country is not in a position to undertake a comprehensive ban due to its constitution or constitutional principles, has your country applied restrictions on all tobacco advertising, promotion and sponsorship? Do the restrictions applied pursuant to Article 13.3 include restriction of or a comprehensive ban on cross-border advertising, promotion and sponsorship originating from its territory? Additional details: No
Q 11: Pursuant to Article 13.4, has your country, in accordance with its constitution or constitutional principles: Yes (please give details below and attach text where appropriate) Prohibited all forms of tobacco advertising, promotion and sponsorship that promote a tobacco product by any means that are false, misleading or deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions? (Article 13.4(a)) Required that health or other appropriate warnings or messages accompany all tobacco advertising and promotion and sponsorship? (Article 13.4(b)) Restricted the use of direct or indirect incentives that encourage the purchase of tobacco products by the public? (Article 13.4(c)) No
Pursuant to the text of Article 13.2, there is a five-year grace period following the entry into force of the Convention for the relevant Contracting Party.
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Required, if your country does not have a comprehensive ban, the disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet prohibited? (Article 13.4(d)) Undertaken a comprehensive ban or, in the case of a Party that is not in a position to undertake a comprehensive ban due to its constitution or constitutional principles, restricted tobacco advertising, promotion and sponsorship on radio, television, print media and other media, such as the internet, within a period of five years? (Article 13.4(e)) Prohibited, or in the case of a Party that is not in a position to prohibit due to its constitution or constitutional principles, restricted tobacco sponsorship of international events, activities and/or participants therein? (Article 13.4(f)) Additional details:
Q 12: Pursuant to Article 14, has your country taken measures to promote cessation of tobacco use and adequate treatment for tobacco dependence, in particular in the following areas: Measures in place (please give details below and attach text where appropriate) Design and implementation of programmes aimed at promoting the cessation of tobacco use, in such locations as educational institutions, health care facilities, workplaces and sporting environments (Article 14.2(a)) Diagnosis and treatment of tobacco dependence and counselling services on cessation of tobacco use in national health and education programmes, plans and strategies, with the participation of health workers, community workers and social workers (Article 14.2(b)) Establishment in health care facilities and rehabilitation centres of programmes for diagnosing, counselling, preventing and treating tobacco dependence (Article 14.2(c)) Facilitation of accessibility and affordability for treatment of tobacco dependence including pharmaceutical products (Article 14.2(d)) Additional details: No measures yet taken
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Q 13: Pursuant to Article 15 has your country: Yes (please give details below and attach text where appropriate) Adopted and implemented legislative, executive, administrative or other measures to ensure that all unit packets and packages of tobacco products and any outside packaging of such products are marked to assist Parties in determining the origin of tobacco products? (Article 15.2) Required that unit packets and packages of tobacco products for retail and wholesale use that are sold on its domestic market carry the statement: “Sales only allowed in (insert name of the country, subnational, regional or federal unit)” or carry any other marking indicating the final destination or which would assist authorities in determining whether the product is legally for sale on the domestic market? (Article 15.2(a)) Developed a practical tracking and tracing regime? (Article 15.2(b)) Required that the packaging information or marking be presented in legible form and/or appear in its principal language or languages? (Article 15.3) Adopted and implemented further measures including licensing to control or regulate the production and distribution of tobacco products in order to prevent illicit trade? (Article 15.7) Additional details: No
Q 14: Pursuant to Article 15.4, has your country: Yes (please give details below and attach text where appropriate) Enacted or strengthened legislation, with appropriate penalties and remedies, against illicit trade in tobacco products, including counterfeit and contraband cigarettes? (Article 15.4(b)) Adopted and implemented measures to monitor, document and control the storage and distribution of tobacco products held or moving under suspension of taxes or duties within its jurisdiction? (Article 15.4(d)) Adopted measures to enable the confiscation of proceeds derived from the illicit trade in tobacco products? (Article 15.4(e)) Additional details: No
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Q 15: Pursuant to Article 16, has your country: Yes (please give details below and attach text where appropriate) Adopted and implemented legislative, executive, administrative or other measures at the appropriate governmental level to prohibit the sales of tobacco products to persons under the age set by domestic law, national law or eighteen? (Article 16.1) Prohibited or promoted the prohibition of the distribution of free tobacco products to the public and especially minors? (Article 16.2) Prohibited the sale of cigarettes individually or in small packets? (Article 16.3) Adopted and implemented legislative, executive, administrative or other measures, including penalties against sellers and distributors? (Article 16.6) Adopted and implemented legislative, executive, administrative or other measures to prohibit the sales of tobacco products by persons under the age set by domestic law, national law or eighteen? (Article 16.7) Additional details: No
Q 16: Do the measures adopted and implemented pursuant to Article 16.1: Yes (please give details below and attach text where appropriate) Require that all sellers of tobacco products place a clear and prominent indicator inside their point of sale about the prohibition of tobacco sales to minors and, in case of doubt, request that each tobacco purchaser provide appropriate evidence of having reached full legal age? (Article 16.1(a)) Ban the sale of tobacco products in any manner by which they are directly accessible, such as store shelves? (Article 16.1(b)) Prohibit the manufacture and sale of sweets, snacks, toys or any other objects in the form of tobacco products which appeal to minors? (Article 16.1(c)) Ensure that tobacco vending machines under its jurisdiction are not accessible to minors and do not promote the sale of tobacco products to minors? (Article 16.1(d)) Additional details: No
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Q 17: Pursuant to Article 19.1, has your country taken legislative action or promoted existing laws, to deal with criminal and civil liability, including compensation where appropriate? Yes (please give details below and attach text where appropriate) Additional details: No
4.
Information
This section of the questionnaire comprises questions regarding obligations under the WHO Framework Convention requiring that Contracting Parties establish plans, policies or research initiatives or otherwise engage in tobacco control-related programmes and projects. This section also addresses obligations requiring dissemination of information to the public and/or to other Contracting Parties or the Conference of the Parties. All instances of relevant obligations are addressed, whether worded using “shall” or “should”. The distinction between prescriptive and non-prescriptive will be taken into account in the data analysis process. In cases where germane information (e.g., policies or research plans) has been memorialized by the relevant authority, copies should be attached to the completed questionnaire. The purpose of requesting copies is to ensure that each Contracting Party’s WHO Framework Convention activities are accurately reflected in the data analysis process and to best determine where resources should be focused in the future. No ranking or suggestion of ranking is intended. Q 1: Pursuant to Article 5.1, has your country developed and implemented comprehensive multisectoral national tobacco control strategies, plans and programmes? (a) Comprehensive multisectoral national strategies, plans and programmes developed and implemented (please give details below and attach text where appropriate) (b) Some partial strategies, plans and programmes developed and implemented (please give details below and attach text where appropriate) (c) No measures yet taken
Additional details:
Q 2: Pursuant to Article 5.1, are these strategies, plans and programmes periodically updated and reviewed? Yes (please give details below and attach text where appropriate) Additional details: No
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Q 3: Pursuant to Article 5.2(a), has your country established or reinforced and financed a national coordinating mechanism or focal points for tobacco control? Please give details below. Yes (please give details below and attach text where appropriate) Additional details: No
Q 4: Pursuant to Article 5.3, has your country, in setting and implementing your public health policies with respect to tobacco control, acted to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law? Yes (please give details below and attach text where appropriate) Additional details: No
Q 5: Pursuant to Article 6.2(a), has your country implemented tax policies and, where appropriate, price policies, on tobacco products so as to contribute to the health objectives aimed at reducing tobacco consumption? Yes (please give details below and attach text where appropriate) Additional details: No
Q 6: Pursuant to Article 10, has your country adopted and implemented measures for public disclosure of information about the toxic constituents of tobacco products and the emissions that they may produce? Measures in place (please give details below and attach text where appropriate) No measures yet taken Additional details:
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Q 7: Pursuant to Article 14.1, has your country developed and disseminated appropriate, comprehensive and integrated guidelines based on scientific evidence and best practices, taking into account national circumstances and priorities, to promote cessation of tobacco use and adequate treatment for tobacco dependence? Yes (please give details below and attach text where appropriate) Additional details: No
Q 8: Pursuant to Article 15.4(c), has your country taken steps to ensure that all confiscated manufacturing equipment, counterfeit and contraband cigarettes and other tobacco products are destroyed, using environmentally-friendly methods, or disposed of in accordance with national law? Yes (please give details below and attach text where appropriate) Additional details: No
Q 9: Pursuant to Article 17, has your country, in cooperation with other Parties and with competent international and regional intergovernmental organizations, promoted economically viable alternatives for tobacco workers, growers and, as the case may be, individual sellers? Yes (please give details below and attach text where appropriate) Additional details: No
Q 10: In the box below, please provide any additional information regarding any activities, plans or programmes your country is involved in regarding alternative crop cultivation. Additional details:
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Q 11: Pursuant to Article 18, has your country, in carrying out its obligations under this Convention, had due regard to the protection of the environment and the health of persons in relation to the environment in respect of tobacco cultivation and manufacture within its territory? Yes (please give details below and attach text where appropriate) Additional details: No
Q 12: Pursuant to Article 19.2(b), please provide information on legislation and regulations in force as well as pertinent jurisprudence as regards tobacco-related liability in the box below. Please be as specific and detailed as possible and attach copies of all relevant legislation, regulations, and jurisprudence.
Q 13: Pursuant to Article 20.1, has your country: Yes (please give details below and attach text where appropriate) Initiated and cooperated in, directly or through competent international and regional intergovernmental organizations and other bodies, the conduct of research and scientific assessments? (Article 20.1(a)) Promoted and encouraged research that addresses the determinants and consequences of tobacco consumption and exposure to tobacco smoke as well as research for identification of alternative crops through initiating and cooperating in the conduct of research and scientific assessments? (Article 20.1(a)) Promoted and strengthened, with the support of competent international and regional intergovernmental organizations and other bodies, training and support for all those engaged in tobacco control activities, including research, implementation and evaluation? (Article 20.1(b)) Additional details: No
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Q 14: Pursuant to Article 20.2, has your country established, programmes for national, regional and global surveillance of the magnitude, patterns, determinants and consequences of tobacco consumption and exposure to tobacco smoke? Yes (please give details below and attach text where appropriate) Additional details: No
Q 15: Pursuant to Article 20.2, has your country integrated tobacco surveillance programmes into national, regional and global health surveillance programmes so that data are comparable and can be analysed at regional and international levels? Yes (please give details below and attach text where appropriate) Additional details: No
Q 16: Pursuant to Article 20.3(a), has your country established a national system for epidemiological surveillance of tobacco consumption and related social, economic and health indicators? (a) Complete national system in place (please give details below and attach text where appropriate) (b) Some parts of a national system in place (please give details below and attach text where appropriate) (c) No system yet established
Additional details:
Q 17: Pursuant to Article 20.4, has your country, subject to national law, promoted and facilitated 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, which is relevant to this Convention? Yes (please give details below and attach text where appropriate) Additional details: No
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Q 18: Pursuant to Article 20.4, has your country: Complete system in place (please give details below and attach text where appropriate) Established and maintained an updated database of laws and regulations on tobacco control, and information about their enforcement, as well as pertinent jurisprudence? (Article 20.4(a)) Established and maintained updated data from national surveillance programmes in accordance with paragraph 3(a) of Article 20? (Article 20.4(b)) Additional details: Some parts of system in place (please give details below and attach text where appropriate) No measures yet taken
5.
Financial and technical assistance provided or received for tobacco control activities
This section of the questionnaire comprises questions regarding financial and technical assistance provided or received for tobacco control activities under the WHO Framework Convention. Questions regarding collaboration and/or cooperation are included in this section in those cases in which the collaboration and/or cooperation in question involves or could involve the provision or receipt of assistance. In order to maintain a consistent format, questions regarding financial and technical questions are organized according to Article. However, at the end of this section, there is also room for Contracting Parties to provide additional information regarding assistance provided or received that may not have been captured by the treaty text-specific questions. Q 1: Pursuant to Article 13.6, has your country either provided or received financial or technical assistance as part of cooperation in the development of technologies and other means necessary to facilitate the elimination of cross-border advertising? Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
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Q 2: Pursuant to Article 14.2(d), has your country either provided or received financial or technical assistance as part of collaboration with other Parties to facilitate accessibility and affordability for treatment of tobaccodependence including pharmaceutical products pursuant to Article 22? Such products and their constituents may include medicines, products used to administer medicines and diagnostics when appropriate. Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
Q 3: Pursuant to Article 15.6, has your country either provided or received financial or technical assistance in the course of promoting cooperation between national agencies, as well as relevant regional and international intergovernmental organizations as it relates to investigations, prosecutions and proceedings, with a view to eliminating illicit trade in tobacco products? Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
Q 4: Pursuant to Article 19.3, has your country either provided or received financial or technical assistance in legal proceedings relating to civil and criminal liability consistent with this Convention, and mutually agreed, within the limits of national legislation, policies, legal practices and applicable existing treaty arrangements? Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
Q 5: Pursuant to Article 20.3, did your country either provide or receive financial or technical assistance in the course of: Assistance provided (please give details below) Establishing progressively a national system for the epidemiological surveillance of tobacco consumption and related social, economic and health indicators? (Article 20.3(a)) Cooperating with competent international and regional intergovernmental organizations and other bodies, including governmental and nongovernmental agencies, in regional and global tobacco surveillance and exchange of information on the indicators specified in paragraph 3(a) of Article 20? (Article 20.3(b)) Yes / No Assistance received (please give details below) Yes / No
Yes / No
Yes / No
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Cooperating with the World Health Organization in the development of general guidelines or procedures for defining the collection, analysis and dissemination of tobacco-related surveillance data? (Article 20.3(c)) Additional details:
Yes / No
Yes / No
Q 6: Pursuant to Article 20.4, has your country either provided or received financial or technical assistance as part of the exchange of publicly available scientific, technical, socioeconomic, commercial and legal information which is relevant to this Convention? Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
Q 7: Pursuant to Article 20.4, has your country either provided or received financial or technical assistance as part of the exchange of publicly available information regarding practices of the tobacco industry and the cultivation of tobacco? Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
Q 8: Pursuant to Article 20.4, has your country either provided or received financial or technical assistance in the course of: Assistance provided (please give details below) Developing programmes for regional and global tobacco control? (Article 20.4(a)) Progressively establishing and maintaining updated data from national surveillance programmes in accordance with paragraph 3(a) of Article 20? (Article 20.4(b)) Cooperating with competent international organizations to progressively establish and maintain a global system to regularly collect and disseminate information on tobacco production, manufacture and the activities of the tobacco industry which have an impact on the Convention or national tobacco control activities? (Article 20.4(c)) Yes / No Yes / No Assistance received (please give details below) Yes / No Yes / No
Yes / No
Yes / No
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Additional details:
Q 9: Pursuant to Article 20.5, has your country either provided or received financial or technical assistance to support developing country Parties and Parties with economies in transition in meeting commitments on research, surveillance and exchange of information? Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
Q 10: Pursuant to Article 21.3, has your country either provided or received financial or technical assistance to support developing country Parties and Parties with economies in transition in meeting reporting obligations? Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
Q 11: Pursuant to Article 22.1, has your country either provided or received financial or technical assistance in the course of the transfer of technical, scientific and legal expertise and technology, as mutually agreed, to establish and strengthen national tobacco control strategies, plans and programmes? Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
Q 12: Pursuant to Article 22.1, has your country either provided or received financial or technical assistance in the course of: Assistance provided (please give details below) Development, transfer and acquisition of technology, knowledge, skills, capacity and expertise related to tobacco control? (Article 22.1(a)) Provision of technical, scientific, legal and other expertise to establish and strengthen national tobacco control strategies, plans and programmes? (Article 22.1(b)) Appropriate training or sensitization programmes for appropriate personnel in accordance with Article 12? (Article 22.1(c)) Yes / No Yes / No Assistance received (please give details below) Yes / No Yes / No
Yes / No
Yes / No
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Provision of the necessary material, equipment and supplies, as well as logistical support, for tobacco control strategies, plans and programmes? (Article 22.1(d)) Identification of methods for tobacco control, including comprehensive treatment of nicotine addiction? (Article 22.1(e)) Promotion of research to increase the affordability of comprehensive treatment of nicotine addiction? (Article 22.1(f)) Additional details:
Yes / No
Yes / No
Yes / No Yes / No
Yes / No Yes / No
Q 13: Pursuant to Article 22.1(b), has your country either provided or received financial or technical assistance in the course of: Assistance provided (please give details below) Developing a strong legislative foundation as well as technical programmes, including those on prevention of initiation, promotion of cessation and protection from exposure to tobacco smoke? (Article 22.1(b)(i)) Developing, with tobacco workers, appropriate economically and legally viable alternative livelihoods in an economically viable manner? (Article 22.1(b)(ii)) Shifting agricultural production with tobacco workers to alternative crops in an economically viable manner? (Article 22.1(b)(iii)) Additional details: Yes / No Assistance received (please give details below) Yes / No
Yes / No
Yes / No
Yes / No
Yes / No
Q 14: Pursuant to Article 26.2, has your country provided financial support in respect of its national activities intended to achieve the objective of the Convention, in accordance with its national plans, priorities and programmes? Financial support provided Additional details: Yes / No (please give details below)
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Q 15: Pursuant to Article 26.3, has your country promoted the utilization of bilateral, regional, subregional and other multilateral channels to provide funding for the development and strengthening of multisectoral comprehensive tobacco control programmes of developing country Parties and Parties with economies in transition? Yes (please give details below) Additional details: No
Q 16: Pursuant to Article 26.4, if your country is represented in relevant regional and international intergovernmental organizations and financial and development institutions, has your country encouraged these entities to provide financial assistance for developing country Parties and for Parties with economies in transition to assist them in meeting their obligations under the Convention, without limiting the rights of participation within these organizations? Yes (please give details below) Additional details: No
Please provide additional information regarding any other assistance provided or received by your country for tobacco control activities in the box below. Additional information:
6.
Constraints or barriers encountered in the implementation of the Convention, and the measures taken to overcome these barriers
This section of the questionnaire comprises questions regarding the process of implementing the Convention and on measures taken to overcome any barriers encountered. Please provide as much detail as possible in your answers in order to guide the Conference of the Parties in future efforts to improve and facilitate the implementation of the Treaty. Q 1: Pursuant to Article 21.1(b), please provide information in the box below, on any constraints or barriers your country has encountered in implementing the Convention. Please be as specific as possible and attach any relevant published information, documents, or articles.
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Q 2: Pursuant to Article 21.1(b), please provide information in the box below on measures your country has taken to overcome constraints and/or barriers encountered in implementing the Convention. Please be as specific as possible and attach any relevant published information, documents, or articles.
7.
Assistance received in the preparation of the report and mechanisms to look for/retrieve missing information
This section of the questionnaire comprises questions regarding the preparation of the report and mechanisms for retrieving missing information. Please provide as much detail as possible in your answers in order to guide the Conference of the Parties in future efforts to improve and facilitate the reporting process. Q 1: Has your country either provided or received assistance in completing this report/questionnaire? Assistance provided Additional details: Yes / No (please give details below) Assistance received Yes / No (please give details below)
Q 2: In the box below, please describe any mechanisms that your country has used to look for or retrieve missing information. Please be as specific as possible and attach any relevant published information, documents, or articles.
8.
Feedback to the questionnaire
The secretariat welcomes comments on the questionnaire, including any of the questions, the overall format or the process of completing the report as well as recommendations on how the reporting process can be improved.
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ANNEX 2 PRECEDENTS CONSIDERED Note: As the reporting requirements of the WHO Framework Convention on Tobacco Control are modelled on the equivalent requirements of multilateral environmental agreements, only agreements featuring the same type of national reporting arrangements have been considered in this document. The treaties marked with an asterisk (*) were considered as models in the development of the relevant provisions of the WHO Framework Convention.
1.
Vienna Convention for the Protection of the Ozone Layer (1985)* and Montreal Protocol on Substances that Deplete the Ozone Layer (1987)
In accordance with Article 5 of the Convention, Parties must report to the Conference of the Parties on measures adopted to implement the Convention in a format and at intervals to be determined by it, which is also expressly required to consider the reports. The first meeting of the Conference of the Parties decided on a reporting period of two years and mandated the secretariat to elaborate a reporting format. Subsequently, the reporting requirements of the Convention were integrated into those of the Protocol. Article 7 sets out extensive reporting requirements relevant to statistical data on production, imports and exports of the substances controlled under the Protocol, on an annual basis. Extensive reporting tools have been developed by the secretariat under the guidance of the specialist bodies of the Protocol to cover every substance and measure on which reporting is required. These are available in electronic form, and include: • Instructions and guidelines for the various items of reporting; • Reporting formats for the various items of reporting; and • A Handbook on Data Reporting (approximately 140 pp.) and two specific handbooks on use nominations. Compilations of national reports are made available electronically.
2.
United Nations Framework Convention on Climate Change (1992)* and Kyoto Protocol (1997)
Article 12 of the Convention and Articles 7-8 of the Protocol provide very extensive requirements for national communications. These include inventories of anthropogenic greenhouse gas emissions as well as measures taken to implement the Convention and the Protocol respectively. In accordance with the provisions of the Convention, the Subsidiary Body for Implementation carries out an assessment of the reports in order to prepare for their consideration by the Conference of the Parties. The secretariat is responsible for compiling the reports in a way that protects the confidentiality of information so defined by Parties. The Conference of the Parties is required to arrange assistance to developing countries in meeting their reporting obligations. In a series of relevant decisions over the years, the Conference of the Parties of the Convention established the frequency of reporting for different categories of countries, and adopted a set of 41
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guidelines for reporting and review. It also defined different types of reports to be submitted by countries, as follows: • National Communications (all Parties): Periodic submissions covering all aspects of implementation of the Convention. The Conference of the Parties adopted guidelines for the elaboration of National Communications for different categories of countries. • Greenhouse gas inventories (Annex 1 Parties): Annual submission on greenhouse gas emissions and removals. • National Adaptation Programmes of Action: Submissions by least-developed countries on their needs and priorities for adaptation. All reports from Annex 1 Parties are subject to a review process governed by procedures adopted by the Conference of the Parties. The reports as well as the review results are published on the internet. The secretariat prepares a compilation and synthesis of the reports. Under the guidance of the Subsidiary Body for Implementation, the secretariat provides support to countries in the preparation of these reports in the form of: • Guidelines and a reporting format (approximately 120 pp.); • Compilation of relevant decisions of the Conference of the Parties; • Special software developed for reporting; and • Workshops.
3.
Convention on Biological Diversity (1992)* and Cartagena Protocol on Biosafety
In accordance with Article 26 of the Convention, Parties are required to report on implementation measures at intervals to be determined by the Conference of the Parties. The information to be provided is extensive. In accordance with relevant decisions of the Conference of the Parties, Parties were requested to submit three national reports to date, in addition to a number of thematic and voluntary reports. With the financial support of the Global Environment Facility, the secretariat provides assistance to developing countries and countries with economies in transition in the establishment of reports. This includes support for involving stakeholders in the reporting. In accordance with a decision of the Conference, of the Parties the secretariat has also developed guidelines for each national report (approximately 100 pp.) and shorter guidelines for thematic and voluntary reports, as well as a reporting format. The reporting tools as well as reports are made available on the website of the Convention. In 2002, the Conference of the Parties established an Ad Hoc Open-ended Working Group on the Review of Implementation of the Convention, which met for the first time in September 2005. This group is mandated to address various aspects of implementation, including national reporting, with the aim of improving the relevant processes. Article 33 of the Cartagena Protocol requires each Party to monitor its implementation of the Protocol and to report to the Conference of the Parties serving as the meeting of the Parties to the Protocol on implementation measures it has adopted. At its first meeting in 2004, the Meeting of the Parties to the Cartagena Protocol on Biosafety determined the frequency of reporting (every four years, with an interim report after two years in the first period), and adopted a reporting format to be used by the Parties. Reports will be posted on the web site of the Protocol. 42
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4.
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (1989)
Article 13.3 sets out extensive reporting requirements on issues relevant to the implementation of the Convention at the national level. This includes reporting on implementation measures as well as data on waste transfers. In accordance with this provision, reports are to be submitted annually. Under Article 5, each Party set up a focal point responsible for reporting. The secretariat is responsible for compiling these reports and transmitting them to the Conference of the Parties. There is no explicit provision on action to be taken by the Conference of the Parties on the basis of reports. No preparatory work was undertaken prior to the first meeting of the Conference of the Parties instead, the secretariat sent out requests for Parties to report on the relevant issues, and summarized this for submission to the first meeting of the Conference of the Parties. Only some years later did the secretariat, at the request of the Conference of the Parties, develop the following guidance material, which was subsequently adopted by the Conference of the Parties: • Questionnaire to be used by Parties for submitting the required information; and • A manual providing guidance on reporting. The secretariat sends a pre-filled questionnaire to those Parties that submitted reports for previous reporting periods in order to facilitate completion of the questionnaire. It also provides assistance to Parties, on request, in fulfilling the reporting requirements. Country reports are submitted on a yearly basis. The secretariat compiles the responses received, and publishes them in hard copy as well as on the internet, in the following formats: • Compilation part I: Information provided pursuant to Article 13; • Compilation part II: Data provided on issues related to hazardous wastes; and • Country fact sheets. The secretariat maintains a database for the relevant information. The manual and the database have been developed with extrabudgetary funding provided by individual parties.
5.
United Nations Convention to Combat Desertification (1994)
Article 26 sets out detailed reporting requirements and requires the Conference of the Parties to determine the timeline for submission of reports and the reporting format. It also requires the Conference of the Parties to facilitate the provision of technical and financial support to developing countries in compiling and communicating the reports. The structure and content of the reports were defined by the Conference of the Parties at its first meeting. Accordingly, developed country Parties report every year and affected country parties from Africa and from other parts of the world every other year on a rotational basis. The reports are made available on the internet. At its fifth meeting in 2001, the Conference of the Parties established the Committee for Review and Implementation of the Convention for the purpose of analysing country reports and discussing implementation issues. The Committee subsequently adopted documentation to assist countries in the establishment of reports. This includes formats for reports from the different categories of countries as defined in the Convention and a help guide for each category. The secretariat and relevant regional and subregional organizations provide assistance to developing countries for the establishment of country reports, within the available resources. At each session, the Conference of the Parties reviews the reports 43
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submitted by a given category of countries. The reports in question must be submitted six months in advance of the relevant session of the Conference of the Parties.
6.
Stockholm Convention on Persistent Organic Pollutants (2001)
Developments under this Convention may be of particular interest as the establishment of reporting procedures is still at an early stage. The Convention entered into force in May 2004, and the first meeting of the Conference of the Parties was held in May 2005. In accordance with Article 15, Parties are required to submit reports to the Conference of the Parties on measures taken to implement the Convention and their effectiveness as well as on quantities of chemicals produced, imported and exported. Additional reporting requirements are set out in other provisions. Under Article 15, the Conference of the Parties is to decide the intervals and the format of reporting. The secretariat under the guidance of the Intergovernmental Negotiating Committee, the interim body for the Convention, developed a draft reporting format, which was further developed by the last meeting of the Committee prior to entry into force of the Convention, in 2003. The Committee then requested the secretariat to field-test the format and to submit a revised version taking into account the experience gained, to the first meeting of the Conference of the Parties, which established the deadline for the first reports at 31 December 2006, and for subsequent reports at four-year intervals. The Conference of the Parties also adopted the reporting format and requested the secretariat to distribute this to Parties, and to develop a cost estimate for an electronic reporting system for consideration at the second meeting of the Conference of the Parties. A specific format for reporting on polychlorinated biphenyls is to be adopted by the second meeting of the Conference of the Parties.
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