The Union Cabinet, chaired by the Prime Minister of India, has given approval to accede to the Protocol under World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) to eliminate illicit trade in tobacco products1. It will be applicable to all smoking and chewing products and smokeless tobacco (SLT) forms as negotiated and adopted under Article 15 of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC). At present India is a party to WHO FCTC.

The WHO FCTC Protocol

The protocol lays down obligations of the parties. It spells out the supply chain control measures which must be adopted by the parties viz. licensing of manufacture of tobacco products and machinery for manufacturing of tobacco products, due diligence to be kept by those engaged in production, tracking and tracing regime, record keeping, security; and measures to be taken by those engaged in e-commerce, manufacturing in free-trade zones and duty-free sales.

The protocol lists out offences, enforcement measures such as seizures and disposal of seized products. It calls for international cooperation in information sharing, maintaining confidentiality, training, technical assistance and cooperation in scientific and technical and technological matters.

Impact of protocol approval

It is envisaged that elimination of illicit trade in tobacco products through strengthened regulation will help in strengthening comprehensive tobacco control, leading to reduction in tobacco use which in turn, will result in reduction in disease burden and mortality associated with tobacco use.

Accession to such treaty will provide actionable alternatives against such prevailing practices that are affecting public health at large. India, being at the forefront of tobacco control, will be able to influence the international organizations including World Custom Organization in controlling such illicit trade.

The protocol to eliminate illicit trade in tobacco products is a path breaking initiative in strengthening global action against tobacco and is also a new legal instrument for improving public health. It is a comprehensive tool to counter and eventually eliminate illicit trade in tobacco products and to strengthen legal dimensions for international health cooperation.

About WHO FCTC

The WHO Framework Convention on Tobacco Control (WHO FCTC) is the first international public health treaty negotiated under the auspices of the WHO. The WHO FCTC was developed in response to the globalization of the tobacco epidemic and is an evidence-based treaty that reaffirms the right of all people to the highest standard of health. The Convention represents a milestone for the promotion of public health and provides new legal dimensions for international health cooperation.

The objective of FCTC is to provide a framework for supply and demand reduction measures for tobacco control at the regional, national and global levels. One of the key tobacco supply reduction strategies contained in Article 15 of WHO FCTC envisages elimination of all forms of illicit trade and tobacco products, including smuggling, illicit manufacturing and counterfeiting. Accordingly, the said Protocol was developed and adopted by the Conference of Parties (COP) which is the governing body of FCTC. The protocol is divided into 10 parts and contains 47 Articles.

Footnotes

1 http://pib.nic.in/PressReleseDetail.aspx?PRID=1530953

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.