Seoul, Republic of Korea -Novembre 13, 2012 
By the end of the first day, the conference had adopted the Protocol to eliminate illicit trade in tobacco products ( ITP) adopted without amendments. 

The Fifth Session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control  ( COP 5)  has adopted the Protocol to eliminate illicit trade in tobacco products ( ITP). The objective of the protocol, which was adopted by the parties without amendments is to provide a global solution to the global problem of illicit trade in tobacco products;

 

The protocol gives the world an orderly rules-based instrument for countering and eventually eliminating a sophisticated international criminal activity that costs a lot, also for health. Illicit trade is bad for health because it circumvents measures, like taxes and price increases, that are known to reduce demand. In other words, illicit trade seriously compromises effective implementation of the treaty.’ Dr Margaret Chan, WHO Director General

The protocol sets the rules for combating illegal trade through the control of the supply chain. It also establishes  the actions that constitute unlawful conduct and sets out related enforcement and international cooperation measures. 

Under the protocol, a global tracking and tracing system for tobacco products would be established, and measures in areas such as licensing, information-sharing and mutual legal assistance would be put into effect. 

The protocol strenghtens article 15 of the WHO FCTC is based on the fact that Illicit trade in tobacco products increases the accessibility and affordability of such products, thus contributing to the spread of the tobacco epidemic as well as undermining national economies and tobacco control policies.

The Protocol will contribute to the elimination of illicit trade in tobacco products, thus reducing the availability of cheap tobacco products, which are often smoked by young people and other vulnerable groups, and resulting in fewer deaths from smoking.  

Parties to the Protocol will need to establish controls on the supply chain of tobacco products, including the licensing of participants in the chain, ensuring that these participants keep adequate records, requiring suppliers to ensure that they are dealing only with legitimate customers, and establishing a tracking and tracing system which will work with other countries’ tracking and tracing systems via a global information sharing focal point. 

Parties are also expected to cooperate to exchange information, to assist in investigations, and share  best practices among the Parties to ensure that the most effective possible system of controls is maintained. Working together is a key factor in making the Protocol effective in eliminating illicit trade.