WHO FCTC: Text, Commitments, and Timelines: Gemma Vestal, JD, MPH, MBA, BSN. Article 15: Illicit Trade in Tobacco Products

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1 Section B Supply Reduction: Articles Article 15: Illicit Trade in Tobacco Products This area is one in which country-level efforts are necessary, but insufficient due to the transnational nature of this globalized epidemic Obliges parties where manufacturing occurs to ensure that tobacco packaging bears a clear mark of origin Obliges importing parties to prohibit the sale of any product that does not have a clearly specified destination market 2 1

2 Article 16: Sales to and by Minors This article obliges parties to make sales to minors illegal, but leaves parties with considerable discretion to decide the methods used to prevent sales to youths, and the level of resources that should be devoted to such efforts Many countries may find that tax and price policies are highly effective at reducing youth smoking 3 Article 16: Sales to and by Minors Completely prohibiting vending machines is also likely to be a cost-effective measure in countries where they exist Preventing sales of sticks of cigarettes instead of packs are another way of thwarting access to tobacco products by minors Image Source: Wikimedia Commons. (2007). 4 2

3 Article 17: Economically Viable Alternative Activities This article calls upon parties to cooperate with each other and intergovernmental organizations as deemed appropriate to promote alternative livelihoods COP1 allowed for the formation of an ad hoc study group to take a look at the issue of crop diversification Brazil hosted the first meeting of the study group (February 2007) A public hearing took place one day before the meeting Study group submitted a report to COP2 on the results of the discussions of its first meeting 5 Article 7: Non-Price Measures to Reduce Demand Provides the legal mandate for COP to propose appropriate guidelines for the implementation of Articles 8 to 13 Each Party shall adopt and implement effective legislative, executive, administrative or other measures necessary to implement its obligations pursuant to Articles 8 to 13 FCTC Article 7 Source: World Health Organization. (2005). 6 3

4 What Are Guidelines? WHO FCTC guidelines are: Nonbinding recommendations which could be adopted into legislative, regulatory and administrative, and compliance and enforcement measures Contracting parties are encouraged to carry out these recommendations to assist them with full implementation of the Treaty Like the WHO FCTC, these guidelines should be the minimum standard(s) for implementation of the various provisions of the Treaty 7 Guidelines The first COP decided to initiate guidelines for the implementation of the Convention Two guidelines working groups were established: Article 8: protection from exposure to tobacco smoke Articles 9 and 10: regulation of the contents and emissions of tobacco products and product disclosures Articles 11, 13, and 15: guidelines are still being developed 8 4

5 Article 33: Protocols Parties of the WHO FCTC may adopt protocols to this Treaty Only parties to the WHO FCTC can join the protocol negotiations Only parties to the WHO FCTC can become parties to the protocol 9 Protocol Budget The WHO spent $33 36 million to negotiate the text of the Treaty To negotiate the protocol on illicit trade, it cost the contracting parties between $9 million and $16 million, which has not been budgeted thus far Contracting parties will need extra budgetary sources of funding or will have to decide to include this in their voluntary contributions 10 5

6 Articles 13.8 and 15: Protocol Template FCTC/COP1 established two expert groups to develop protocol templates for: Cross-border advertising, promotion, and sponsorship Illicit trade Both expert groups met twice, with participation of representatives of civil society Core elements of a possible protocol were identified Both protocol templates were presented to COP2 Documents: A/FCTC/COP/2/9 (illicit trade) and A/FCTC/COP/2/10 (cross-border) 11 Time-Bound Obligations Article 11 Three years after entry into force, parties must adopt and implement effective measures as detailed in Article 11 related to the packaging and labeling of tobacco products Article 13 Five years after entry into force, parties must undertake appropriate measures to ensure a comprehensive ban of (or apply restrictions on) all tobacco advertising, promotion, and sponsorship Article 21 Within two years of entry into force, each party must submit its first report to the COP 12 6

7 Authentic Texts The original of this Convention, of which Arabic, Chinese, English, French, Russian and Spanish are equally authentic, shall be deposited with the Secretary-General of the United Nations FCTC Article 38 The six languages should alleviate any controversy with the interpretation of the text of the Treaty Source: World Health Organization. (2005). 13 Summary The text of the Treaty is based on consensus The Treaty sets a floor, not a ceiling The text of the Treaty can be used as advocacy at the country level to remind contracting parties of their obligations under the Treaty 14 7