Intergovernmental Negotiating Body on a Protocol on Illicit Trade in Tobacco Products.

02/12/08

Searo Meeting
Searo Delegations gave there views on the Template for the protocol proposed by the expert group (FCTC/COP/INB-IT/1/4). We proceeded item by item.

Licencing:
The discussion focused on knowing who should be licensed and who should be registered? Both definitions are different from a country to another. Searo Coordinator has then the task to ask the chair at the plenary to provide clear definition of both notions and that it would be specified in the future protocol.
Thailand: the fees should be indexed to the inflation so that it moves automatically.

Record keeping:
The common position on paragraph 23 is that it might be difficult for small manufacturers to keep “real time” access to the information.

Enhance law enforcement capacity:
The group will ask the chair to add at the end of paragraph 31, “by mobilizing national et international resources as appropriate.

Offences:
On paragraph 33a the group would like to see deleted growing (as small growers don’t necessarily need a license) and added at the end of the sentence, “…whenever the national law requires such a license”.


Plenary Meeting
The Chair stated that parties shouldn’t adopt a very strong protocol, but a protocol that would be ratify-able by all countries. The last will then be able to go forward. on the implementing but not backward.
All delegation stated that the template was very good in general lines and that it provides sufficient bases for discussion.
Palau delegates estimates that the protocol should be more focus on financial issues, especially for countries with small GDP.
The chair then invited representatives to make their detailed comments chapter by chapter:

Licence:
- Canada: on should include one criminal offences: eligibility and canceling of licence
Paragraph 10c:
- Japan estimates that periodic renewal of licence will have avoidable financial costs.
- Ecuador asked what would be the periodicity.
- Congo thinks that the impossibility to assign or transfer licences will be “kill” an on going business.
Paragraph 10h:
Several country think that the money collected from licencing could also be used for other important issues at their choice, ie. health than “implementing, enforcing and administering the licencing laws”.

Tracking and Tracing:
Canada proposes to have a Working Group on the issue of international tracking and tracing regime. All delegation think that one should have this system first at the national level.

Record Keeping:
It might be difficult for small countries and small manufacturers, growers, detailers, to keep computer records. The entity emitting the licence should keep the track. Some countries were favorable to keep the period for 5 years, other thought it is not enough and ask that it should be extended to 10 years. The pros argued that it would be financially difficult and added that one need a lot of space to do so. The cons wants to keep records for financial reasons, international cooperation and said that it not necessarily has to be kept in computers.

Security and preventive measures:
Searo members think that the transporters must have the obligation to verify the clean nature of the product. Penalty should be proportional to the size of the shipment. Must have a mechanism that ensures that the seized products are not putted back for trade.

Internet sale:
Syria estimates that the same think should be apply to duty free sales। All delegations recognize the difficulty in monitoring the cyber space and want the prohibition of internet tobacco sales.

Faye Ismaila Pedro