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UPDATES ON THE FCTC Antnio Abrunhosa ITGA CEO Richmond May 13th

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OVERVIEW

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INTERNATIONAL TOBACCO GROWERS ASSOCIATION WHO FCTC First UN public health treaty Effective 2005 178 Parties Objective: to reduce continually and substantially the prevalence of tobacco use and exposure to tobacco smoke.

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INTERNATIONAL TOBACCO GROWERS ASSOCIATION WHO FCTC: Articles The treaty contains 38 articles, some of them related closely to tobacco growing. Articles are generally broad and vague. Guidelines are developed to recommend measures countries can take to implement the treaty.

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INTERNATIONAL TOBACCO GROWERS ASSOCIATION COP4 2010 Punta del Este, Uruguay THE ISSUE: Proposed ban on use of ingredients in tobacco products Potential negative impact on tobacco farmers

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INTERNATIONAL TOBACCO GROWERS ASSOCIATION

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COP4: The Outcome Nevertheless Very strong opposition by a number of parties; Ingredients ban recommendation provisionally approved, to be revised based on countries experience

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COP5 2012 Seoul, Korea THE ISSUE: Articles 17&18 Important objectives, supported by the sector : Article 17 Promote viable alternatives for tobacco growers affected by a reduction in smoking Article 18 Ensure fair and safe working conditions in tobacco farming Environmental protection

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COP5 2012 Seoul, Korea THE ISSUE: Articles 17&18 BUT MEASURES PROPOSED AT COP5 WERE IMPRACTICAL AND WOULD HAVE HARMED TOBACCO FARMERS: Limit then reduce the land under tobacco cultivation Regulate the seasons Dismantle tobacco boards Remove financial/technical support for tobacco farmers (public or private sector)

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COP5 Seoul: Outcome Draft policy options and recommendations on sustainable alternative livelihoods for tobacco growers (Articles 17/18) were referred back to the relevant working group, as the Framework Convention Alliance and a number of Parties had advocated.

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Reduced risk E-cigs, smokeless COP6 13-18 October 2014 Moscow Art. 6 Price and Tax Art. 9&10 Product Regulation Art. 19 Liability International Trade Challenges Art. 17&18 Tobacco Farming

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FCTC 10 th anniversary Growing pressure on governments to accelerate FCTC implementation, including guidelines Tobacco control in development plans Expert advice on drafting legislation Legal advice on challenges to tobacco measures

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The tobacco sector is to lesser or greater extent excluded from policy development and there is increasing sensitivity to engage with the sector all because of? FCTC ARTICLE 5.3 Article 5.3 seeks to preserve the integrity of legislative process from undue influence We believe this article is misinterpreted by many and aggressively fuelled by the anti-tobacco lobby! 5.3 In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law. Rules of Engagement

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Whole of government approach COP5 adopted Seoul declaration which states: - Parties to the WHO FCTC declare their determination to support, at national, regional and international level, comprehensive, multi- sectoral and coordinated approaches to tobacco control, recognising that effective NCD prevention and control requires whole of government approaches Dr. Chan, WHO DG, consistently stresses the need for whole of govt approach in FCTC and NCD issues in speeches. For example:- Tobacco control requires cooperation from multiple sectors of govt, from trade, finance, agriculture, education, law enforcement and judicial system, Implementation of the FCTC goes well beyond the domain of the health sector.

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FCTC CoP6 Moscow October 2014 A Review and Assessment CoP6 excluded public during first day Media excluded thereafter Observer status refused for Interpol, World Farmers Organisation and deferred for EAC Article 5.3 extended to include international and regional bodies, but Some sensible decisions

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FCTC COP6 Articles 17&18 aid the economic transition of tobacco growers and workers whose livelihoods are seriously affected as a consequence of tobacco control programmes in developing country Parties Guiding Principles of the FCTC aid the economic transition of tobacco growers and workers whose livelihoods are seriously affected as a consequence of tobacco control programmes in developing country Parties Guiding Principles of the FCTC the WHO FCTC does not aim to penalize tobacco farmers, but aims to promote economically viable alternatives for tobacco workers, growers COP5 Decision, Nov 17, 2012 the WHO FCTC does not aim to penalize tobacco farmers, but aims to promote economically viable alternatives for tobacco workers, growers COP5 Decision, Nov 17, 2012

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Some of the COP5 proposals. Put a ceiling to area cultivated with tobacco. Prevent registration of new tobacco farmers. Dismantle tobacco boards. Restrict funding and support for tobacco farmers. Legislate tobacco season making it impossible to grow tobacco.

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Articles 17 & 18 Economically Sustainable Alternatives to Tobacco Growing Working Group Guidelines Adopted Guidelines not friendly to, or supportive of, tobacco producers, yet Far less extreme than those drafted by the WG for CoP5. Alternative livelihoods to tobacco growing must be holistic, sustainable, based on research and best practice. Principle 2 enshrines the right of tobacco farmers to be engaged with in policy-making. Principle 5 holds tobacco sector (including leaf companies) liable to the extent proven for environmental and health damage in growing tobacco. Informal group established to work on draft policy options and recommendations (going around to assist countries).

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International Trade Efforts to prevent international trade-related challenges to tobacco measures: Efforts to put public health before trade Exclusion of tobacco from international trade agreements ITGA says:- protect the status of tobacco exports in the international trading system. Growers are concerned about the efforts in FCTC to change the way tobacco is treated in international trading. Most of the tobacco in Africa is exported. Tobacco producing countries need to retain the benefits of exports

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Tobacco in International Trade Agreements and Legal Challenges Dispute Resolution Mechanisms Efforts to exclude tobacco from future trade agreements and assert health over trade were defeated. Parties asked to co-operate and collaborate to consider public health objectives when negotiating future trade agreements. FCTC Secretariat to prepare a report on impact of future trade agreements on FCTC implementation in developing countries. (vulnerable countries)

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Article 6 - Price and Tax Measures to Reduce the Demand for Tobacco - Adopted Strong thrust to adopt recommendations and close working group at CoP6. EU and other countries satisfied that guidelines preserve and entrench sovereign right over tax measures. Guidelines not binding. Footnote referencing minimum excise rate of 70% only accepted if not regarded as a recommendation. Tobacco tax earmarking to be considered, but not as a formal recommendation.

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Articles 9 & 10 Regulation of Contents of Tobacco Products and Tobacco Product Disclosures - Working Group Report Back No consensus reached by Working Group on text relating to testing and measurement of nicotine, nor on the definition of constituents. Progress report on methodologies for measuring contents and emissions was delivered. Some budgetary concern about scope and mandate of Working Group.

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Article 19 on Civil and Criminal Liability Committee A acknowledged that liability matters are complex and need to take into account national circumstance, laws and case history. Expert group to continue its work through to CoP7 but with most emphasis on civil liability, before addressing issues of criminal liability. Expert group 3 members plus two observers from each WHO region.

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Article 15 The Protocol to Eliminate the Trade in Illicit Tobacco Products Insufficient countries have ratified the Protocol for it to come into force and effect. Parties committed to do so by CoP7 in India Parties to fill-in on-line questionnaire to identify problems and to seek assistance. Expert group to continue to work through to CoP7. Technical assistance to be provide on issues such as tax and track and trace measures.

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Electronic Nicotine Delivery Systems ENDS E-Cigarettes Some extreme parties called for outright ban on ENDS, however: Other parties and NGOs view ENDS as a potentially less-harmful alternative to conventional tobacco products. Parties encouraged to prevent ENDS being used a tobacco initiation device, prevent exposure to their emissions, prevent unproven health claims being made, consider prohibition or restriction, banning or restricting advertising. Prepare evidential and scientific expert report for CoP7.

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CoP6 Moscow Declaration Takes precedence over any laws related to tobacco use. There is no fundamental right to tobacco use. The desired goal of tobacco control measures at the international and national levels is a complete victory over tobacco. The heaviest burden of disease related to tobacco use is borne by the most vulnerable population groups. Tobacco companies are beginning to explore new ways of maintaining independence and encouraging use, developing new tobacco products and nicotine-delivering systems, making them fashionable, technological and innovative. Calls on Parties to: Strengthen collaboration on tobacco control; Adopt national programmes aimed at complete victory over tobacco; Pay attention to the changing face of tobacco products, new forms of tobacco use; Take steps to produce a negative image of new forms of tobacco use and nicotine.

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