Tobacco talks on illicit trade end without duty free restrictions

INTERNATIONAL. The latest round of talks on the World Health Organization’s (WHO) Framework Convention on Tobacco Control (FCTC) concluded in Seoul last week with no mandatory restrictions on duty free tobacco sales.

Industry observers told The Moodie Report that, pending final confirmation, they were confident that the Illicit Trade Protocol and FCTC guidelines debated over the week would contain measures no more prohibitive than the original FCTC text. The FCTC suggests – but does not demand – that countries consider restricting or prohibiting the sale and import of duty free tobacco.

Evidence-based research
Negotiations also confirmed that, as part of the Illicit Trade Protocol, there will be evidence-based research into if and how duty free contributes to the illicit trade in tobacco. Industry representatives welcomed such research provided it is independent, truly evidence-based and conducted with involvement from the industry – a position for which they drew strong support from several delegations, in particular from the European Union.

The protocol must first come into effect before any research is conducted, meaning it must receive 40 signatories and be passed into national legislation by all FCTC party states. Observers therefore predict that WHO will be in a position to launch the study in 5-7 years, a timeframe in which they are confident they can convey their expectations on the propriety of the study.

Police agency among barred observers
However, there were worrying elements to the talks. Daily bulletins from the event organiser reveal a climate in which interested parties were denied access to discussions. Interpol – the international police organisation that works to identify, disrupt and dismantle transnational organized networks behind the trafficking in illicit goods – was denied observer status as a result of a donation by Philip Morris International to aid its efforts in the area. And the public were denied access to the closing plenary session for the first time in the FCTC process.

In a lunchtime session, Australia’s plain packaging initiative was urged on FCTC member states, despite only a non-mandatory mention in the FCTC text. The move, which will be effective in Australia from 1 December, requires cigarettes to be sold in brown packs featuring just the brand name and strong pictorial warnings occupying 75% of the pack front and 90% of the back.

Industry observers reported that any such initiative is more likely to be pursued at national level rather than through the FCTC process. But, as Australia’s recent moves show, the challenges on national level remain significant in some countries and the industry must be prepared to make its arguments quickly and effectively where needed.

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