Establishment of a tracking and tracing system, including the global information-sharing focal point

Transcription

1 to the Protocol to Eliminate Illicit Trade in Tobacco Products First session Geneva, Switzerland, 8 10 October 2018 Provisional agenda item 5.2 FCTC/MOP/1/10 4 September 2018 Establishment of a tracking and tracing system, including the global information-sharing focal point Report by the Convention Secretariat Purpose of the document This report introduces the requirements of the Protocol to Eliminate Illicit Trade in Tobacco Products (Protocol) on the establishment of a tracking and tracing system, including the global information-sharing focal point and the identification markings that must be implemented by Parties within a certain period following the entry into force of the Protocol. Action by the The Meeting of Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products is invited to note the document, provide further guidance and consider adopting the annexed draft decision. Contribute to the Sustainable Development Goals (SDGs), if applicable: SDGs 3 and 17; Targets 3.a 17.6 Link to the workplan and budget item: : 1.3(a) and : 1.3(a) Additional financial implications, if not included in the workplan and budget: Author team(s): Legal, Trade and Protocol team Related documents: FCTC/MOP/1/9 Recommendations on roadmap to implementing a tracking and tracing system compliant with the Protocol Recommendations on minimum technical requirements for developing a tracking and tracing system compliant with the protocol Initial thoughts on the structure of a global information-sharing focal point

2 BACKGROUND 1. One of the core elements of the Protocol to Eliminate Illicit Trade in Tobacco Products (Protocol) is a global tracking and tracing regime (Article 8). The purpose of a tracking and tracing system is to assist Parties in determining the origin and point of diversion, if applicable, of tobacco products and to monitor and control the movement of tobacco products and monitor their legal status. 2. According to Article 8, each Party shall require that unique, secure and non-removable identification markings, such as codes or stamps, be affixed to or form part of all unit packets, packages and any outer packaging of cigarettes within a period of five years, and other tobacco products within a period of 10 years, of entry into force of the Protocol. 3. In addition, Article 8 of the Protocol obliges the Parties to establish a global tracking and tracing regime within five years of the Protocol entering into force, comprising national and/or regional tracking and tracing systems and a global information sharing focal point located at the Secretariat of the WHO Framework Convention on Tobacco Control (WHO FCTC) and accessible to all Parties, enabling the Parties to make enquiries and receive relevant information. 4. Article 8 also obliges the Parties to avail the following information, either directly or through a link, to assist the Parties in determining the origin of tobacco products, the point of diversion, where applicable, and to monitor and control the movement of tobacco products and their legal status: (a) date and location of manufacture; (b) manufacturing facility; (c) machine used to manufacture tobacco products; (d) production shift or time of manufacture; (e) the name, invoice, order number and payment records of the first customer not affiliated to the manufacturer; (f) the intended market of retail sale; (g) product description; (h) any warehousing and shipping; (i) the identity of any know n subsequent purchaser; and (j) the intended shipment route, shipment date, shipment destination, point of departure and consignee. 5. Each Party may require the tobacco industry to bear any costs associated with a tracking and tracing system (Article 8.14) and any costs associated with a Party s obligations to achieve the objectives of the Protocol, in compliance with Article 5.3 of the WHO FCTC (Article 36.7), and taking in consideration that obligations assigned to a Party shall not be performed by or delegated to the tobacco industry (Article 8.12). 6. In accordance with decision FCTC/COP7(6) of the Conference of the Parties to the WHO FCTC, the Panel of Experts on the Protocol developed the following proposals related to the tracking and tracing for consideration at the Frist session of the (MOP1) to the Protocol: (a) (b) (c) recommendations on the roadmap for implementation of a tracking and tracing system; recommendations on the minimum technical requirements for developing a tracking and tracing system compliant with the Protocol; and initial thoughts on the possible structure of a global information-sharing focal point. Future work related to tracking and tracing systems 7. In light of the above background, MOP1 may wish to consider establishing a mechanism (for example, a subsidiary body such as a working group or an expert group) to propose future work required for the development and implementation of tracking and tracing regime in accordance with Article 8, including the global information-sharing focal point (Article 8.1) and unique identification markings for cigarette packets and packages (Article 8.3). ACTION BY THE MEETING OF THE PARTIES 8. The is invited to note the technical reports prepared by the Panel of Experts on the Protocol, provide further guidance and consider adopting the draft decision contained in Annex 1. 2

3 Annex 1 Draft decision on the establishment of tracking and tracing systems, including the global information-sharing focal point and unique identification markings for cigarette packets and packages The (MOP), Considering the report (FCTC/MOP/1/10) prepared by the Convention Secretariat, Noting with satisfaction and appreciation the outcome of the work of the Panel of Experts on the Protocol to Eliminate Illicit Trade in Tobacco Products (Protocol) and welcoming the report contained in document FCTC/MOP/1/9 and recommendations on roadmap to implementing a tracking and tracing system compliant with the Protocol, recommendations on minimum technical requirements for developing a tracking and tracing system compliant with the protocol, and initial thoughts on the structure of a global information-sharing focal point, Considering that certain provisions of Article 8 must be implemented by the Parties within a certain period following the entry into force of the Protocol, namely Article 8.1 (global tracking and tracing, five years) and Article 8.3 (identification markings, five and 10 years), 1. DECIDES: (a) (b) (c) (d) (e) to establish a mechanism to propose future work required for the development and implementation of a tracking and tracing systems in accordance with Article 8, including the global information-sharing focal point (Article 8.1) and unique identification markings for cigarette packets and packages (Article 8.3), with such mechanism being either a working group to develop draft guidelines or an expert group to further elaborate on the next steps; to mandate the Bureau of the Protocol to establish the respective mechanism based on the terms of reference attached to this decision; to request that the established mechanism: i. will utilize the report of the Panel of Experts on the Protocol when developing its proposals; ii. will report on the outcome of its work to the Second session of the Meeting of the Parties to the Protocol; to request the Convention Secretariat to make the necessary arrangements, including budgetary arrangements, for the selected mechanism to complete its work; to adopt the draft terms of reference for mechanism on tracking and tracing systems set out in the Annex. 3

4 Background Annex 2. Draft terms of reference for a mechanism for tracking and tracing systems Article 8 of the Protocol to Eliminate Illicit Trade in Tobacco Products (Protocol) requires an international tracking and tracing regime to be established within five years of entry into force of the Protocol, comprising national and/or regional tracking and tracing systems and a global informationsharing focal point located at the Secretariat of the WHO Framework Convention on Tobacco Control (WHO FCTC) and accessible to all Parties, enabling the Parties to make enquiries and receive relevant information. Each Party will also have to ensure that cigarette packages bear unique, secure and non-removable identification markings within five years of the Protocol entering onto force for that Party; for other tobacco products the deadline is 10 years. Option 1. The to the Protocol decides to establish a working group on tracking and tracing Objective To elaborate comprehensive draft guidelines on the implementation of a tracking and tracing system, including the global information-sharing focal point (Article 8.1) and unique identification markings for cigarette packets and packages (Article 8.3). Composition and selection of the members of the working group The working group will be limited to 18 members. Regions shall nominate up to two members representing the Parties in their respective regions through their regional coordinators to ensure equal regional participation. One non-party to the Protocol that is, however, a Party to the WHO FCTC can also be selected by the regions themselves to participate and contribute to the process. Additionally, the Convention Secretariat can invite up to three additional members of the group representing nongovernmental organizations that are observers to the Conference of the Parties (COP) to the WHO FCTC, and up to three additional members of the group representing intergovernmental organizations that are observers to the COP, based on their relevant expertise and sound knowledge of matters related to the implementation of the Protocol. Parties willing to act as key facilitators should identify themselves at any time during the process. Other Parties to the Protocol that would like to take part in the process can join the working group as observers and participate in the deliberations on their own expense. Assistance from the Convention Secretariat Pending availability of funds, at least two face-to-face meetings of the working group are envisaged between first and second sessions of the ; in addition, the group shall use webbased technologies for communication during the conduct of its work and for consulting the other Parties to the Protocol on the draft guidelines that the group has developed. For participation in the meetings of the working group, the COP travel policy shall apply. 4

5 Timetable Make the draft guidelines, as requested, accessible by the Parties for their comments Submission to the Convention Secretariat for editing and translation Circulation to the At least six months before the Second session of the At least three months before the Second session of the At least 60 days before the opening day of the Fourth session of the (Rule 8, Rules of Procedure of the Conference of the Parties) Option 2. The to the Protocol decides to establish an expert group on tracking and tracing Objective To prepare a report with further recommendations for the implementation of a tracking and tracing system, including the global information-sharing focal point (Article 8.1) and unique identification markings for cigarette packets and packages (Article 8.3). Composition and selection of the members of the expert group The Expert Group will have 12 members selected by the Convention Secretariat, under the guidance of the Bureau elected by the (MOP), ensuring regional balance. In addition, at least one representative of nongovernmental organizations that are observers to the Conference of the Parties (COP) to the WHO FCTC and at least one representative of international intergovernmental organizations that are observers to COP should also be selected by the Convention Secretariat. The Bureau shall confirm the members of the Expert Group after having discussed the proposal of the Convention Secretariat. The selected members will be notified upon the decision of the MOP Bureau. Once the group is established, its members will act as independent experts. The Expert group will elect its chairperson and vice-chairpersons at its first meeting. Assistance from the Convention Secretariat Pending availability of funds, at least two face-to-face meetings of the Expert Group are envisaged between the first and second sessions of the MOP; in addition, the Expert Group shall use web-based technologies for communication during the conduct of its work and for consulting the Parties to the Protocol on the draft report that the group has developed. For participation in the meetings, the COP travel policy shall apply. Timetable Make the draft report, as requested, accessible by the Parties for their comments Submission to the Convention Secretariat for editing and translation At least six months before the Second session of the At least three months before the Second session of the 5

6 Circulation to the At least 60 days before the opening day of the fourth session of the (Rule 8, Rules of Procedure of the Conference of the Parties) = = = 6