1. UPDATES ON THE
FCTC
António Abrunhosa
ITGA CEO
Richmond May 13th

2. OVERVIEW

3. 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.”
Producción en Brasil estabilizó bastante abajo del nivel en 2010
Año pasado tuvo un pequeño ascenso pero las previsones para esta CROP apuntan para una breve caida otra vez
INTERNATIONAL TOBACCO GROWERS ASSOCIATION

4. 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.
Zimbabwe has been recovering since 2010 getting a high point in production last year. For this year, previsions were pointing to an even higher production levels but due to awful weather conditions the estimates for this year came down to
US is also expecting a small decrease due the change on the contract system by buyers
INTERNATIONAL TOBACCO GROWERS ASSOCIATION

5. Proposed ban on use of ingredients in tobacco products
COP4 – 2010 Punta del Este, Uruguay
THE ISSUE:
Proposed ban on use of ingredients in tobacco products
Potential negative impact on tobacco farmers
Philippines production is more or less steady since 2010 and we hope to update our data today with our friends presentation
Tanzania had a sharp drop in 2012 due to its internal problems but is coming back and increasing its production every year. We are trying to get updated data for previsions for 2015 as we believe this year they will again increase their production.
Bangladesh is a country to have into account with also an increasing line on production but we have not been able to get updated data for last year and previsions for next year
Argentina is not having its best moment. Three weeks ago in our Americas Regional meeting there, all tobacco production regions complain about the difficulties they are going through. Most of them invested in top curing methods for their tobacco and negotiations on prices are very much below their expectations.
INTERNATIONAL TOBACCO GROWERS ASSOCIATION

6. INTERNATIONAL TOBACCO GROWERS ASSOCIATION
To highlight in this graphic the sharp fall in production of Malawi in Definitely a bad year in all senses for this country as prices were also on of the lowest ever registered.
While US and Brazil keep a steady line since 2012
INTERNATIONAL TOBACCO GROWERS ASSOCIATION

7. COP4: The Outcome Nevertheless…
Very strong opposition by a number of parties;
Ingredients ban recommendation provisionally approved, to be revised based on countries’ experience
Brazil keeps GOING DOWN every year and they are very concerned about the low prices practiced taking into account their high quality tobacco. Expectations for Argentina this year points to a slight drop in prices and the information we have on previsions for this are not better.

8. 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
The same in Argentina on the burley perspective
Malawi is more optimistic that the prices will be slightly better

9. 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)
The US had a better map on prices last year but previsions for this year register a drop due again to their contract problems.

10. 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.

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

12. FCTC – 10th 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

13. Rules of Engagement
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”.

14. 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.”

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

16. 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
“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

17. 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.

18. 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).

19. 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”

20. 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)

21. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27.
THANK YOU