The Fourth Meeting of the Conference of the Parties (COP-4) That Took Place November 15-20

COP-4

4th meeting of the Conference of the Parties

Punta del Este, Uruguay

November 15-20, 2010

The fourth meeting of the Conference of the Parties (COP-4) that took place November 15-20, 2010 inPunta del Este, Uruguay, adopted a number of decisions strengthening tobacco-control efforts worldwide.

Among the major decisions, the Conference approved the regulation offlavoring ingredients: itrecommended restricting or banning ingredients, flavourings and additives in the manufacture of tobacco products. The COP voted to create a working group that will draft guidelines on tobacco taxation.Negotiations on a protocol to combat illicit trade in tobacco products should continue with the aim of completion in 2012.Guidelines on education, communication, training and public awareness and cessation measures were also approved.

The President said that there was no objection in principle to holding COP-5 inthe Republic of South Korea.

The Conference is the governing body of the WHO FCTC and, as of November 2010, is comprised of 171 Parties to the Convention.

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A wide range of issues were discussed during this fourth session of the COP, in relation to the following articles: Article 6: Price and tax; Article 9&10: Product regulation; Article12: Education and training; Article13: Tobacco advertising, promotion and sponsorship; Article 14: Cessation; Article 17&18: Economically sustainable alternatives for tobacco growing; Article 19: Liability.

Another important issue, the protocol to eliminate illicit trade in tobacco products, was proposed to be debated at the Conference and a working group, chaired by Thailand, was established.

Six applications for observer status were submitted to the Secretariat of the Conference. The Bureau recommended to the Conference of the Parties to grant observer status to the European Network for Smoking and Tobacco Prevention and to the International Network of Women Against Tobacco. But it rejected the applications of the Global Acetate Manufacturers Association and the International Tobacco Growers Association as information available on these two organizations showed that their activities may not be in line with the aims and spirit of the Convention, in particular with regard to Article 5.3 of the Convention.

COP-4 ended with the main following achievements:

Article 6: Price and Tax

Decision: Delegations agreed to establish a working group to develop draft guidelines on tobacco taxation, while providing continued funding for the Convention.

(The Convention currently has an operating deficit of US$ 600,000).

On November 18, 2010, the Secretariat presented the report contained in document FCTC/COP/4/11 relating to price and tax policies. After a long debate, it was decided to resume the discussion at the meeting of Committee A, dealing with technical aspects.On November 20, 2010, discussions on document FCTC/COP/4/A/Conf.Paper No.5 resumed and after a short debate the draft decision was adopted as amended.

The COP/4/11report states that “given the objective of using tax/price policies to reduce tobacco consumption and improvehealth, three main conclusions may be drawn from the evidence. When governments set taxes, it is important that they are set so as to reduce the affordability of tobacco products to such an extent that there are significant reductions in tobacco use and its consequences, particularly among young people and among those who bear the disproportionate burden of health and economic consequences of tobacco use

A tax structure that raises the prices of all tobacco products and minimizes the gap between the prices of low- and high-priced brands of a given type of tobacco product, reduces opportunities for tobacco users to switch to cheaper brands/products in response to tax increases, thus maximizing the health impact of a tobacco tax increase.

Given the significant new revenues that can be generated by tobacco tax increases, these

revenues have the potential to support comprehensive tobacco-control efforts”.

The European Union that was opposedto the related working group, highlighted its own considerable experience and expertise in tobacco taxation, and high tobacco taxes in many European countries, but then claimed that “now is not the time” to share that experience and expertise with others.

AFRO, SEARO and numerous countries in other regions, from Ecuador, Jamaica and Brazil to Malaysia and Palau and many others, strongly supported the use of tobacco taxes to reduce tobacco consumption.

Article 9&10: Regulation of the contents of tobacco products and regulation of tobacco product disclosures

Decision: delegates agreed to recommend restricting or banning ingredients, flavourings and additives in the manufacture of tobacco products and requiring tobacco companies to disclose ingredient information to health authorities.

On November 17, 2010, the Working Group (Canada and the European Union) presented the guidelines contained in documents FCTC/COP/4/6 and FCTC/COP/INF.DOC.2 relating to regulation of tobacco products.In view of the number requests for amendments, the Chair proposed that facilitators compile all suggestions into a document for discussion in an open-ended working group.

On November 20, 2010, the Chairperson of the open-ended working groupdetailed the six proposals contained indocument FCTC/COP/4/A/Conf.Paper No.7. Because of the different views on this issue, delegations took a short break to reach a consensus. When the meeting resumed, a group of delegations came up with a concrete proposal and the draftdecision was adopted as amended.

The guidelines that were submitted in document COP/4/6/Rev 1 *propose measures that may assist Parties in strengthening their tobacco-control policies through regulation of the contents and emissions of tobacco products and through regulation of tobacco product disclosures. Article 9 deals with the testing and measuring of the contents and emissions of tobacco products, and their regulation. Article 10 deals with the disclosure of information on such contents and emissions to governmental authorities and the public. Owing to the close relationship between these two articles, guidance for their implementation was consolidated into one set of guidelines.

The measure ignored the campaign led by tobacco growers in Africa and Asia as well asby the European Union of Tobacco Growers (Unitab), an organization that represents nearly 85,000 producers across Europe, opposing articles 9 and 10. ITGA warned that if adopted, these articles would put 70,000 growers out of work without improving public health. It has been saying that a ban on additives could threaten growers of burley tobacco, which is blended into nearly half of the cigarettes sold globally. The International Tobacco Growers Association(ITGA)said October 21, 2010that its petition opposing Articles 9, 10, 17 and 18 which call for a ban on ingredients, flavourings and additives in the manufacture of tobacco products and a reduction in leaf production, has gathered over 200,000 signatures from 25 countries.

Prof. Michael Siegel of Boston University's School of Public Healthsaid the Working Group's draft recommendations for the implementation of Articles 9 and 10 of the World Health Organization's Framework Convention on Tobacco Control, which calls for limits or bans on "ingredients that may be used to increase palatability" such as sweeteners, flavouring substances, spices and herbs, as well as "colouring properties" such as inks and pigments, is not backed by science and will mislead consumers into thinking that the "no-additive" cigarettes are safer than traditional counterparts.

tobaccoanalysis.blogspot.com/2010/06/fctc-commentary-1-implementation.html

Control and prevention of smokeless tobacco products and electronic cigarettes

Decision: Further work was requested in this area

On November 19, 2010, the Secretariat made a brief presentation on this topic contained in document FCTC/COP/4/12. ; it was invited to produce a paper to be presented to the following plenary meeting.

COP/4/12 provides for a definition and data on the use of smokeless tobacco. It states that 3scientific evidence shows that the age-adjusted relative risk of mortality for users of smokelesstobacco is elevated compared to that of non-tobacco users.

The consumption of smokeless tobacco also has adverse socioeconomic consequences. In many low- and lower-middle-income countries scarce family resources are spent on tobacco products.

It also indicates that the tobacco industry is expanding its operations in developing countries and increasingly places an emphasis on smokeless tobacco products. The report states that increased use of smokeless tobacco products represents a threat to developing countries in particular and raises the likelihood that there will be an increasing prevalence of dual users. It adds that all forms of smokeless tobacco have an adverse impact on health and that smokeless tobacco should not be promoted as a harm-reduction product. One of the major challenges in regulating smokeless tobacco products is their low cost”, reports the document.

Ahead of this fourth session of the COP-4, aletter to the editor in the journal Addiction, written by Ron Borland of Cancer Council Victoria in Australia, Karl Fagerströmof Smokers Information Centre in Sweden, Jonathan Foulds of Pennsylvania State University in Hershey, Ann McNeill of the University of Nottingham in the UK, and Lars Ramström of the Institute for Tobacco Studies in Sweden, and co-signed by a host of leaders in tobacco control, says the WHO FCTC Secretariat's background report for the Conference of the Parties (COP-4), contains information that is incompatible with the report provided by the WHO Study Group on Tobacco Product Regulation,since the latter emphasizes the variation among different smokeless tobacco products and calls for regulations on the contents of smokeless products, while the Secretariat's report refers to smokeless tobacco as just one type of product with uniform properties, and lacks discussions on the potential of some smokeless products to help smokers quit.

The WHO Study Group points out that smokeless tobacco products "with low levels of nitrosamines, such as Swedish snus, are considerably less hazardous than cigarettes, while the risks associated with some products used in Africa and Asia approach those of smoking," and that the WHO should support individual and population-based research on specific products. The Study Group also recognizes that smokeless tobacco products could used as a way for smokers to quit smoking

Doc FCTC/COP/4/12 was also prepared for discussion by the COP-4 to whether Electronic Nicotine Delivery Systems are to be considered “tobacco products”and should be part of the future work of the working group on Article 9 & 10.

The WHO Study Group on Tobacco Product Regulation discussed Electronic Nicotine DeliverySystems and prepared a report1 on the matter submitted to the WHO Executive Boardat its 126th session, in January 2010. The report noted that manufacturers claimed that these products delivered nicotine without tar and carbon monoxide. It concluded that the safety and extent of nicotine uptake had not been established.

In addition the Study Group concluded that Electronic Nicotine Delivery Systems fall into a regulatory gap in most countries.

Article 12 & 14: Education and Training

Decision: guidelines on education, communication, training and public awareness (Art. 12) and cessation measures (Art. 14) were approved.

COP-4 decided that parties should establish an infrastructure and build capacity to support education, communication and training, thereby raising public awareness and promoting social change. Smoking cessation services should be integrated into national health systems to make them more available for increasing number of smokers who wish to quit.

On November 18, 2010, the Chairperson invited the facilitators of the Working Group (Palau and Sweden) to present the guidelines contained in documents FCTC/COP/4/7 * and FCTC/COP/4/A/Conf.Paper No.1.

A consensus was rapidly reached in view to adopt both the draft guidelines, without amendments, and the draft resolution as amended. On November 19, 2010, COP-4 adopted the guidelines for implementation of Article 12 & 14 of the WHO FCTC.

On November 19, 2010, COP-4 adopted the guidelines for implementation of Article 12 & 14 of the WHO FCTC

Article 13: Cross-border advertising, advertising, promotion and sponsorship

Decision: Further work was requested in cross-border advertisement

On November 18, 2010, the Convention Secretariat presented the report contained in documentFCTC/COP/4/10 *after which the Chairperson invited the floor to consider its recommendations.The report was adopted as amended.

The reports points out that out of 135 Parties that reported in 2007–2010 (including 30 Parties that had submitted both first and second implementation reports by 1 July 2010), only 79 Parties (around 60%) reported that they had introduced a comprehensive ban on tobacco advertising, promotion and sponsorship, with only 40 Parties (around30%) reporting that the ban also extended to cross-border advertising, promotion and sponsorshiporiginating from within their borders.

The working group made proposals, namely the establishment of an expert group and the creation of a dedicated web site. This web site should be established to serve as a knowledge hub and as a means of notifying Parties of instances of cross-border advertising, promotion and sponsorship.

The Convention Secretariat recommends that a web site established in relation to Article 13 of theConvention be made an integral, complementary part of the existing database of Parties’ reports, ratherthan a stand-alone web site, so that users of the site can benefit from the information already availableand to ensure synergy and efficiency.Actually the Convention Secretariat has createda database of Parties’ reports on the WHO FCTCweb site.

Article 15: Illicit trade in tobacco products

Decision: negotiations on a protocol to combat illicit trade in tobacco products should continue with the aim of completion in 2012.

Discussions related to the process for negotiations on a protocol to eliminate illicit trade in tobacco products ended without a final agreement and the delegations decided that negotiations should continue with the aim of completion in 2012.

Parties have accepted the argument that before the next INB there should at least be inter-sessional work on the remaining supply chain control articles such as article 6 (customer identification and verification), article 9 (security and preventive measures,)article 11 (free zones), article 11bis (duty free sales) that were not agreed at INB-4. Theoretically, this would mean two meetings during 2011.

At its fourth session, held on 14–21 March 2010, the Intergovernmental Negotiating Body on a Protocol on Illicit Trade in Tobacco Products decided to recommend to the Conference of the Parties to the WHO FCTC that the draft protocol to eliminate illicit trade in tobacco products contained in document FCTC/COP/INB-IT/4/7 be considered by the Conference of the Parties at its fourth session.

Part III of the draft protocol on illicit trade in tobacco productµ supply chain control Article 5

(Licence, equivalent approval or control system) indicates that each Party must prohibit the conduct of any of the following activities by any legal or natural person except pursuant to a licence or equivalent approval granted, or control system implemented, by a competent national authority in accordance with national law: - manufacture of tobacco products and manufacturing equipment - and import or export of tobacco products and manufacturing equipment.

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Article 17&18: Economically sustainable alternatives for tobacco growing

Decision: the work on economically sustainable alternatives to tobacco growing must be extended in order to find appropriate policy options and recommendations

On November 19, 2010, COP-4 decided to request the working group established by decision FCTC/COP3(16), to continue its work and to submit a working report to the Conference of the Parties at its fifth session.

The recommendations contained in Doc COP/4/9µ presented to the COP-4, aim to guide Parties in implementing policies that promote the establishment of innovative mechanisms for the development of economically viable alternative livelihoods for tobacco growers.

Parties are recommended to 3build up rural development programmes that cover all aspects ofalternatives to tobacco growing, including economic viability and environmental protection.

Government agencies, particularly those with strong influence in rural areas, have an important role toplay in supporting the diversification of livelihoods in tobacco growing regions, through an array ofpolicies and measures, including the provision of training for tobacco workers, growers, their familiesand children. International institutions and farmer organizations should also play a fundamental role inthe decision-making and implementation process3.

The report identifies6 guiding principles and strategies for alternative crops and livelihoods such as developing educational programmes for workers and growers, removing barriers to diversification or switching to alternatives to tobacco farming or the manufacture of tobacco products, curtailing policies that promote and support tobacco farming, setting up information and support centres for alternative crops/livelihoods.

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Article 19: Liability

Decision: Further work was requested in liability with regard to the health effects of tobacco consumption

On November 19, 2010, the Chairperson called upon Palau to present the agenda item contained indocument FCTC/COP/4/13 after which a short discussion followed. It was

decided that the Secretariat prepare a draft decision to be discussed at the nextplenary meeting.

Standardization and harmonization of data and data collection initiatives

Decision: the Conference of the Parties decided to harmonize the data collection initiatives in the area of tobacco control and to synchronize the cycle of Parties' implementation reports to the biennial cycle of the sessions of the COP.

On November 20, 2010, the Secretariat made a presentation on the report contained in document

FCTC/COP/4/15*. The Chairperson suggested that delegations who requested amendments prepare together a paper to be discussed at the next plenary meeting.

At its third session (Durban, South Africa, 17–22 November 2008) the Conference of the Partiesrequested the Convention Secretariat to compile a report on data collection measures, in decision FCTC/COP3(17).

3There are several international data collection initiatives relevant to tobacco control and a

number of databases that are dedicated, in part or in whole, to storing data related to this area. Theneed for standardization within and across data collection initiatives, and for harmonization betweenthem, emerged once tobacco-related data collection instruments increased in number following theadoption of the Convention and they became important components of national and internationalpublic health efforts. Many Parties to the Convention implement national data collection initiativesand/or participate in international data collection systems.