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The Protocol to Eliminate Illicit Trade in Tobacco Products to the Who Framework Convention on Tobacco Control
Published online by Cambridge University Press: 20 January 2017
Extract
The Conference of the Parties to the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) adopted by consensus, at its fifth session held in Seoul from November 12 to 17, 2012, the Protocol to Eliminate Illicit Trade in Tobacco Products. This instrument is the first protocol to be adopted within the framework of the FCTC and is open to participation by parties to the FCTC.
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- Copyright © American Society of International Law 2013
References
* This text was reproduced and reformatted from the text available at the World Health Organization Web site (visited March 4, 2013) http://apps.who.int/gb/fctc/PDF/cop5/FCTC_COP5(1)-en.pdf.
1 Conference Report, Conference to the Parties to the World Health Organization [WHO] Framework Convention on Tobacco Control (June 30 – July 6, 2007), available at http://www.who.int/fctc/en/index.html.
2 Conference to the Parties to the WHO Framework Convention on Tobacco Control, Elaboration of a Protocol on Illicit Trade in Tobacco Products, FCTC/COP1(16) (Apr. 19, 2007), available at http://www.who.int/fctc/en/index.html.
3 Template for a Protocol on Illicit Trade in Tobacco Products, As Proposed by the Expert Group Convened in Accordance With Decision FCTC/COP1(16) of the Conference of the Parties, Doc. FCTC/COP/INB-IT/1/4 (Dec. 12, 2007).
4 See generally Jonathan, Liberman, The New WHO FCTC Protocol to Eliminate Illicit Trade in Tobacco Products–Challenges Ahead, ASIL Insights (Dec. 14, 2012)Google Scholar, http://www.asil.org/insights121214.cfm.
5 WHO has a strong and uncompromising stand against the tobacco industry, as expressed in the FCTC. Article 5, paragraph 3, of the FCTC requires parties to protect public health policies with respect to tobacco control from commercial and other vested interests of the tobacco industry. The Guidelines adopted on this provision by the FCTC Conference of the Parties state that there exists ‘‘a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests.’’ See Guidelines for Implementation of Article 5.3 of theWHOFramework Convention on Tobacco Control, Doc. FCTC/COP3(7) (Nov. 22, 2008), available at http://www.who.int/fctc/protocol/guidelines/adopted/article_5_3/en/index.html.
6 WHO Framework Convention on Tobacco Control, Existing Agreements and Arrangements Relevant to the Objective of the Intergovernmental Negotiating Body, WHO Doc. FCTC/COP/INB-IT/1/INF.DOC./1 (Dec. 12, 2007), available at http://apps.who.int/gb/fctc/E/E_it1.htm (providing information on the EU-Philip Morris agreement).
7 See Jonathan, Liberman, Combating Counterfeit Medicines and Illicit Trade in Tobacco Products: Minefields in Global Health Governance , 40 J.L. Med. & Ethics 326, 341–42 (2012)Google Scholar.
8 British American Tobacco, WHO Protocol Google Scholar, http://www.bat.com/group/sites/uk__3mnfen.nsf/vwPagesWebLive/A3FAAABAFD6BCBE1C1257314004EF6A0?opendocument.
9 Liberman, supra note 4.
1 Parties may include reference to the Harmonized Commodity Description and Coding System of the World Customs Organization for this purpose, wherever applicable.
2 Where appropriate, national or domestic will refer equally to regional economic integration organizations.
3 A secure exchange of information between two parties is resistant to interception and tampering (falsification). In other words, the information exchanged between the two parties cannot be read or modified by a third party.