[Feedback to Webmaster] [Search the site] [Français ]

Public Health Programme | Library | Publications  | Circulars  | Meetings  | Employment  | Press Releases  | Lists  | Staff Mail

For more information,
please contact the
Healthy Pacific Lifestyle Advisers of the section:

Dr Viliami PULOKA
Physical Activity
Tel.: 687 26 09 52

Ms Jeanie McKENZIE
Alcohol and Tobacco
Tel.: 687 26 01 22

Ms Karen FUKOFUKA
Nutrition
Tel.: 687 26 67 75
 

Secretariat of the Pacific Community
BP D5, 98848 Noumea Cedex
New Caledonia
Fax: +687 26.38.18

© Copyright SPC

Multilateral Agreements

• The Pacific Island Countries Trade Agreement (PICTA)
• Pacific Agreement on Closer Economic Relations (PACER)

The Framework Convention on Tobacco Control (FCTC)

Key Outcomes of the Conference of the Parties (COP II)
Meeting held in Bangkok, Thailand 30th June – 6th July 2007

Introduction to FCTC

Nearly 5 million people die from tobacco-related illness each year. It is estimated that if current trends continue, this could reach 10 million per year by the year 2030, with 70% of those deaths occurring in developing countries.

Tobacco control requires a global response and international cooperation and after four years of negotiation, the member countries of the World Health Organization (WHO) unanimously endorsed the Framework Convention on Tobacco Control (FCTC) in 2003. The treaty became international law on 27 February 2005.

As stated in the treaty’s Preamble, the objective of the FCTC is “to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke.”

A mechanism known as the Conference of the Parties (COP) will oversee the treaty. The second COP meeting was held in Bangkok on June 30th – July 6th 2007. The COP is empowered to monitor the implementation of the treaty, adopt protocols, annexes and amendments to the FCTC, and to create appropriate subsidiary bodies.

As of June 2007 168 countries signed the treaty, and 148 have become Parties. For an up to date list of current signatories and Parties to the FCTC go to: http://www.fctc.org/x/treaty/currentsigs.php

In the Pacific Region all WHO Member States have signed or ratified the Treaty, as follows:

The key provisions of the FCTC

The FCTC provides a flexible framework for implementation, in that it allows for Parties to implement measures which go beyond the measures described in the treaty.

Significant treaty provisions include:

• Advertising, Promotion and Sponsorship (Article 13)

The FCTC requires all Parties to undertake a comprehensive ban on tobacco advertising, promotion and sponsorship within five years of ratifying the treaty. The ban must include cross-border advertising originating within a Party’s territory. The definitions of advertising, promotion and sponsorship are broad and include indirect as well as direct forms. Countries with constitutional constraints are required to restrict advertising, promotion and sponsorship, including cross-border advertising, in a manner consistent with their constitutional principles. The Parties also agree to consider a protocol to elaborate on cross-border provisions, for example the technical and legal aspects of preventing or blocking advertising on the internet and satellite television.

• Second hand Smoke (Article 8)

The treaty recognizes that exposure to tobacco smoke has been scientifically proven to cause death, disease and disability. It requires all Parties to implement effective measures to protect non smokers from tobacco smoke in public places, including workplaces, public transport and indoor public places — evidence indicates that only a total smoking ban is effective in protecting non-smokers.

• Packaging and Labelling (Article 11)

Large health warning labels are required. Parties to the treaty agree that health warning labels ideally should cover 50% or more of the principle display areas of each packet, which for a standard cigarette package means both the front and back. Parties are required to implement health warning labels that cover, at a minimum, 30% of the principle display areas within three years of ratifying the treaty. Health warning labels must include rotating messages in the principle languages of the Party, and may include pictures or pictograms. Deceptive labels are prohibited. Countries agree to prohibit misleading or deceptive terms on tobacco product packages within three years of becoming a Party. Research has proved that cigarettes that are labelled “light”, “low tar”, and “mild” (among other terms) are as dangerous as those denoted as regular and thus these terms mislead and deceive consumers about the risks involved in the use of these products.

• Smuggling (Article 15)

Action is required to eliminate tobacco smuggling. Measures required include marking all tobacco packages in a way that signifies the origin and final destination or the legal status of the product, and cooperating with one another in anti-smuggling, law enforcement and litigation efforts.

• Taxation & Duty Free Sales (Article 6)

Tobacco tax increases are encouraged. The treaty states that “each Party should take account of its national health objectives concerning tobacco control” in its tobacco tax and price policies. The treaty recognizes that raising prices through tax increases and other means “is an effective and important means of reducing tobacco consumption by various segments of the population, in particular young persons.” Duty-free sales are discouraged. Parties may prohibit or restrict duty-free sales of tobacco products.

• Product Regulation & Ingredient Disclosure (Articles 9 & 10)

Tobacco products are to be regulated. The Parties agree to establish guidelines that all nations may use in regulating the content of tobacco products. Parties shall also require that manufacturers disclose to the government the contents of their tobacco products.

• Liability (Articles 4.5 and 19)

Legal action is encouraged as a tobacco control strategy. The treaty recognizes that liability issues are an important part of a comprehensive tobacco control program and the Parties agree to consider legislative and litigation approaches to advance tobacco control objectives. Parties also agree to cooperate with one another in tobacco-related legal proceedings.

Additional provisions, such as, provision of cessation services, prohibition of the distribution of free tobacco products, under age sales, the participation of NGOs in the development of national tobacco control programmes, can be viewed on line at

http://www.who.int/tobacco/framework/en/

How is the FCTC financed?

Parties have committed themselves to promote funding for global tobacco control. The Parties agree to mobilize financial assistance from all available sources for tobacco control initiatives, particularly for developing country Parties and for Parties with economies in transition, including from regional and international intergovernmental organizations and other public and private sources.

Key outcomes Conference of the Parties II 30th June – 6th July 2007

At the end of the session on the 6th July 2007, the COP agreed to:

• Establish an intergovernmental negotiating body (INB) to commence negotiations on a protocol dealing with illicit trade
• Formally adopt guidelines on second hand smoke (Article 8)

Begin work on the following guidelines:

• Packaging and labelling of tobacco products (Article 11)
• Advertising, Promotion and Sponsorship (Article 13)
• Education, Communication, training and public Awareness (article 12)
• Cessation (Article 14)
• Product testing, measurement and disclosure (Article 9 &10)

Continue the work of the study group examining economically viable alternatives to tobacco (Article 17).

Finally and very importantly, the FCTC will examine the issues around tobacco company interference (Article 5.3), since the industry continues to promulgate the view that the FCTC will be provide unfavourable economic outcomes for countries. Contrary to this, the World Bank and research findings from many key institutions worldwide, demonstrate that tobacco control measures are good both for the economy and for the health of the population.

Finally and very importantly, the FCTC will examine the issues around tobacco company interference (Article 5.3), since the industry continues to promulgate the view that the FCTC will provide unfavourable economic outcomes for countries. Contrary to this, the World Bank and research findings from many key institutions worldwide, demonstrate that tobacco control measures are good both for the economy and for the health of the population.

The FCTC provides the greatest opportunity the world has seen to effectively control tobacco. Never before has the global community come together to marshal such a wealth of technical and financial resources to end the tobacco epidemic. Parties to the FCTC are passing strong, enforceable national tobacco legislation, involving key government departments such as Foreign Affairs and Trade, Treasury and Finance, and working closely with the Non Government (NGOs) sector and other civil society groups. Public perceptions about tobacco are changing dramatically and evidence is emerging of falls in smoking prevalence.

Other useful websites:

World Health Organisation
Framework Convention Alliance (an alliance of NGOs from around the world)