SUU alm. del - svar på spm. 176 om tobaksindustriens handelsmæssige og øvrige interesser i overensstemmelse med national lovgivning

Tilhører sager:

Aktører:


SUU alm. del - svar på spm. 176 (D2612626).docx

https://www.ft.dk/samling/20222/almdel/suu/bilag/0/2685729.pdf

Hermed sendes besvarelse af spørgsmål nr. 176 (Alm. del), som Folketingets
Sundhedsudvalg har stillet til indenrigs- og sundhedsministeren den 1. marts 2023.
Spørgsmål nr. 176:
”Det fremgår af WHO rammekonvention om tobakskontrol af 21. maj 2003, jf. be-
kendtgørelse nr. 43 af 8. december 2005, artikel 5.3, at ”I forbindelse med fastlæg-
gelse og gennemførelse af den offentlige politik på folkesundhedsområdet skal par-
terne gøre en indsats for at beskytte denne politik mod tobaksindustriens handels-
mæssige og øvrige interesser i overensstemmelse med national lovgivning.”
Vil ministeren oplyse, hvordan ministeriet fortolker og administrerer denne bestem-
melse? Hvilke myndigheder m.v. er omfattet af artiklen, og hvordan kommer det i
praksis til udtryk? Hvordan defineres/afgrænses ”tobaksindustrien”, og er f.eks. niko-
tinbranchen omfattet?”
Svar:
Danmark tiltrådte i 2004 WHO’s rammekonvention om tobakskontrol (FCTC) og er
forpligtet til at overholde dens bestemmelser, herunder artikel 5, stk. 3.
Artikel 5, stk. 3 har til formål at beskytte folkesundheden. Artiklen betyder, at Dan-
mark i forbindelse med fastlæggelse og gennemførelsen af den offentlige politik på
folkesundhedsområdet er forpligtet til at gøre en indsats for at beskytte denne politik
mod tobaksindustriens handelsmæssige og øvrige interesser i overensstemmelse
med national lovgivning.
Indenrigs- og Sundhedsministeriets vurdering af inddragelse og interaktion med to-
baksindustrien beror derfor altid på en konkret vurdering.
Til brug for implementering og fortolkningen af artikel 5, stk. 3, blev vedlagte vejle-
dende guidelines vedtaget på Conference of the Parties to the WHO Framework Con-
vention on Tobacco Control i 2008. Guidelinens formål er, at understøtte parterne i
WHO FCTC med at nå deres juridiske forpligtelser i henhold til rammekonventionens
artikel 5, stk. 3.
Tobaksindustrien er et erhverv, som er underlagt offentlig regulering. Det kan inde-
bære – inden for rammerne af artikel 5, stk. 3 – en nødvendig dialog med tobaksindu-
strien. I vedlagte guidelines anbefales det bl.a., at man kun interagerer med tobaksin-
dustrien når og i den udstrækning, det er strengt nødvendigt for at være i stand til ef-
fektivt at regulere tobaksindustrien og dens produkter, samt at det skal sikres, at in-
teraktion foregår transparent.
Den vejledende guideline indeholder derudover overvejelser om, hvem artikel 5, stk.
3 omfatter, og bl.a. fremgår følgende:
”The guidelines are applicable to government officials, representatives and employees
of any national, state, provincial, municipal, local or other public or semi/quasi-public
Folketingets Sundhedsudvalg
Slotsholmsgade 10-12
DK-1216 København K
T +45 7226 9000
F +45 7226 9001
M sum@sum.dk
W sum.dk
Dato: 31-03-2023
Enhed: FOST
Sagsbeh.: DEPMNEN
Sagsnr.: 2303212
Dok. nr.: 2612626
. / .
Offentligt
SUU Alm.del - endeligt svar på spørgsmål 176
Sundhedsudvalget 2022-23 (2. samling)
Side 2
institution or body within the jurisdiction of a Party, and to any person acting on their
behalf. Any government branch (executive, legislative and judiciary) responsible for
setting and implementing tobacco control policies and for protecting those policies
against tobacco industry interests should be accountable.”1
Det kan i øvrigt oplyses, at tobaksindustrien defineres som tobaksproducenter, en-
grosforhandlere og importører af tobaksprodukter, jf. rammekonventionens artikel 1,
litra e. WHO opfordrer dog til at indtænke alle, der har en egeninteresse relateret til
tobaksindustrien. Rammekonventionen er fra den 21. maj 2003, og der er de seneste
årtier sket en stor markedsudvikling på området, hvor der er kommet et bredere ud-
valg af tobaks- og nikotinprodukter.
Med venlig hilsen
Sophie Løhde
1 WHO (2013) “Guidelines for implementation of Article 5.3 of the WHO Framework Conven-
tion on Tobacco Control”


Guidelines for implementation article 5.3.pdf

https://www.ft.dk/samling/20222/almdel/suu/bilag/0/2685730.pdf

Guidelines
for implementation
Article 5.3 | Article 8 | Articles 9 and 10
Article 11| Article 12 | Article 13 | Article 14
WHO FRAMEWORK
CONVENTION ON
TOBACCO CONTROL
2013
edition
article 5.3
Offentligt
SUU Alm.del - endeligt svar på spørgsmål 176
Sundhedsudvalget 2022-23 (2. samling)
ARTICLE
5.3
1
ARTICLE
5.3
Guidelines for implementation
Article 5.3
© World Health Organization 2013
All rights reserved. Publications of the World Health Organization are available on the
WHO web site (www.who.int) or can be purchased from WHO Press, World Health
Organization, 20 Avenue Appia, 1211 Geneva 27, Switzerland (tel.: +41 22 791 3264;
fax: +41 22 791 4857; e-mail: bookorders@who.int).
Requests for permission to reproduce or translate WHO publications – whether for sale
or for non-commercial distribution – should be addressed to WHO Press through the
WHO web site (www.who.int/about/licensing/copyright_form/en/index.html).
The designations employed and the presentation of the material in this publication do
not imply the expression of any opinion whatsoever on the part of the World Health
Organization concerning the legal status of any country, territory, city or area or of its
authorities, or concerning the delimitation of its frontiers or boundaries. Dotted lines on
maps represent approximate border lines for which there may not yet be full agreement.
The mention of specific companies or of certain manufacturers’ products does not imply
that they are endorsed or recommended by the World Health Organization in preference
to others of a similar nature that are not mentioned. Errors and omissions excepted, the
names of proprietary products are distinguished by initial capital letters.
All reasonable precautions have been taken by the World Health Organization to verify
the information contained in this publication. However, the published material is being
distributed without warranty of any kind, either expressed or implied. The responsibility
for the interpretation and use of the material lies with the reader. In no event shall the
World Health Organization be liable for damages arising from its use.
Printed in France
WHO Library Cataloguing-in-Publication Data :
WHO Framework Convention on Tobacco Control: guidelines for implementation
Article 5.3; Article 8; Articles 9 and 10; Article 11; Article 12; Article 13; Article 14 –
2013 edition.
1.Tobacco industry - legislation. 2.Smoking - adverse effects. 3.Smoking - legislation.
4.Tobacco-derived products labelling. 5.Tobacco control campaigns. I.World Health
Organization.
ISBN 978 92 4 150518 5 (NLM classification: HD 9130.6)
FCTC/16.1
Guidelines for implementation: Article 5.3
3
ARTICLE
5.3
Guidelines for implementation of Article 5.3
of the WHO Framework Convention on Tobacco Control
PROTECTION OF PuBLIC HEALTH POLICIEs WITH REsPECT TO
TOBACCO CONTROL FROM COMMERCIAL ANd OTHER VEsTEd
INTEREsTs OF THE TOBACCO INdusTRy
INTRODUCTION
World Health Assembly resolution WHA54.18 on transparency in tobacco
control process, citing the findings of the Committee of Experts on Tobacco
Industry Documents, states that “the tobacco industry has operated for years
with the express intention of subverting the role of governments and of WHO
in implementing public health policies to combat the tobacco epidemic”.
The Preamble of the WHO Framework Convention on Tobacco Control recognized
the Parties’1
“need to be alert to any efforts by the tobacco industry to undermine
or subvert tobacco control efforts and the need to be informed of activities of the
tobacco industry that have a negative impact on tobacco control efforts”.
Further,Article5.3oftheConventionrequiresthat“insettingandimplementing
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”.
The Conference of the Parties, in decision FCTC/COP2(14), established a
working group to elaborate guidelines for implementation of Article 5.3 of the
Convention.
Without prejudice to the sovereign right of the Parties to determine and
establish their tobacco control policies, Parties are encouraged to implement
these guidelines to the extent possible in accordance with their national law.
Purpose, scope and applicability
Use of the guidelines for implementation of Article 5.3 of the Convention will
have an overarching impact on countries’ tobacco control policies and on
implementation of the Convention, because the guidelines recognize that
1
“The term ‘Parties’ refers to States and other entities with treaty-making capacity which have expressed
their consent to be bound by a treaty and where the treaty is in force for such States and entities.”
(Source: United Nations Treaty Collections: http://untreaty.un.org/English/guide.asp#signatories).
3
Guidelines for implementation: Article 5.3
4
tobacco industry interference, including that from the State-owned tobacco
industry, cuts across a number of tobacco control policy areas, as stated in
the Preamble of the Convention, articles referring to specific tobacco control
policies and the Rules of Procedure of the Conference of the Parties to the
WHO Framework Convention on Tobacco Control.
The purpose of these guidelines is to ensure that efforts to protect tobacco
control from commercial and other vested interests of the tobacco industry
are comprehensive and effective. Parties should implement measures in all
branches of government that may have an interest in, or the capacity to, affect
public health policies with respect to tobacco control.
The aim of these guidelines is to assist Parties2
in meeting their legal
obligations under Article 5.3 of the Convention. The guidelines draw on the
best available scientific evidence and the experience of Parties in addressing
tobacco industry interference.
The guidelines apply to setting and implementing Parties’ public health policies
with respect to tobacco control. They also apply to persons, bodies or entities
that contribute to, or could contribute to, the formulation, implementation,
administration or enforcement of those policies.
The guidelines are applicable to government officials, representatives and
employees of any national, state, provincial, municipal, local or other public
or semi/quasi-public institution or body within the jurisdiction of a Party,
and to any person acting on their behalf. Any government branch (executive,
legislative and judiciary) responsible for setting and implementing tobacco
control policies and for protecting those policies against tobacco industry
interests should be accountable.
The broad array of strategies and tactics used by the tobacco industry to
interfere with the setting and implementing of tobacco control measures,
such as those that Parties to the Convention are required to implement, is
documented by a vast body of evidence. The measures recommended in these
guidelines aim at protecting against interference not only by the tobacco
industry but also, as appropriate, by organizations and individuals that work
to further the interests of the tobacco industry.
While the measures recommended in these guidelines should be applied
by Parties as broadly as necessary, in order best to achieve the objectives
of Article 5.3 of the Convention, Parties are strongly urged to implement
measures beyond those recommended in these guidelines when adapting
them to their specific circumstances.
2
Where appropriate, these guidelines also refer to regional economic integration organizations.
4
Guidelines for implementation: Article 5.3
5
ARTICLE
5.3
GUIDING PRINCIPLES
Principle 1: There is a fundamental and irreconcilable conflict between
the tobacco industry’s interests and public health policy interests.
The tobacco industry produces and promotes a product that has been proven
scientifically to be addictive, to cause disease and death and to give rise to a
variety of social ills, including increased poverty. Therefore, Parties should
protect the formulation and implementation of public health policies for
tobacco control from the tobacco industry to the greatest extent possible.
Principle 2: Parties, when dealing with the tobacco industry or those
working to further its interests, should be accountable and transparent.
Parties should ensure that any interaction with the tobacco industry on matters
related to tobacco control or public health is accountable and transparent.
Principle 3: Parties should require the tobacco industry and those working
to further its interests to operate and act in a manner that is accountable
and transparent.
The tobacco industry should be required to provide Parties with information
for effective implementation of these guidelines.
Principle 4: Because their products are lethal, the tobacco industry should
not be granted incentives to establish or run their businesses.
Any preferential treatment of the tobacco industry would be in conflict with
tobacco control policy.
RECOMMENDATIONS
The following important activities are recommended for addressing tobacco
industry interference in public health policies:
(1) Raise awareness about the addictive and harmful nature of tobacco
products and about tobacco industry interference with Parties’ tobacco
control policies.
(2) Establish measures to limit interactions with the tobacco industry and
ensure the transparency of those interactions that occur.
(3) Reject partnerships and non-binding or non-enforceable agreements
with the tobacco industry.
(4) Avoid conflicts of interest for government officials and employees.
5
Guidelines for implementation: Article 5.3
6
(5) Requirethatinformationprovidedbythetobaccoindustrybetransparent
and accurate
(6) Denormalize and, to the extent possible, regulate activities described
as “socially responsible” by the tobacco industry, including but not
limited to activities described as “corporate social responsibility”.
(7) Do not give preferential treatment to the tobacco industry.
(8) Treat State-owned tobacco industry in the same way as any other
tobacco industry.
Agreed measures for protecting public health policies with respect to tobacco
control from commercial and other vested interests of the tobacco industry
are listed below. Parties are encouraged to implement measures beyond those
provided for by these guidelines, and nothing in these guidelines shall prevent
a Party from imposing stricter requirements that are consistent with these
recommendations.
(1) Raise awareness about the addictive and harmful nature of tobacco
products and about tobacco industry interference with Parties’ tobacco
control policies.
All branches of government and the public need knowledge and awareness
about past and present interference by the tobacco industry in setting and
implementing public health policies with respect to tobacco control. Such
interference requires specific action for successful implementation of the
whole Framework Convention.
Recommendations
1.1 Parties should, in consideration of Article 12 of the Convention,
inform and educate all branches of government and the public
about the addictive and harmful nature of tobacco products, the
need to protect public health policies for tobacco control from
commercial and other vested interests of the tobacco industry and
the strategies and tactics used by the tobacco industry to interfere
with the setting and implementation of public health policies with
respect to tobacco control.
1.2 Parties should, in addition, raise awareness about the tobacco
industry’s practice of using individuals, front groups and affiliated
organizations to act, openly or covertly, on their behalf or to take
action to further the interests of the tobacco industry.
6
Guidelines for implementation: Article 5.3
7
ARTICLE
5.3
(2) Establish measures to limit interactions with the tobacco industry and
ensure the transparency of those interactions that occur.
In setting and implementing public health policies with respect to tobacco
control, any necessary interaction with the tobacco industry should be carried
out by Parties in such a way as to avoid the creation of any perception of a
real or potential partnership or cooperation resulting from or on account of
such interaction. In the event the tobacco industry engages in any conduct
that may create such a perception, Parties should act to prevent or correct
this perception.
Recommendations
2.1 Parties should interact with the tobacco industry only when and to
the extent strictly necessary to enable them to effectively regulate
the tobacco industry and tobacco products.
2.2 Where interactions with the tobacco industry are necessary, Parties
should ensure that such interactions are conducted transparently.
Whenever possible, interactions should be conducted in public, for
example through public hearings, public notice of interactions,
disclosure of records of such interactions to the public.
(3) Reject partnerships and non-binding or non-enforceable agreements
with the tobacco industry.
The tobacco industry should not be a partner in any initiative linked to setting
or implementing public health policies, given that its interests are in direct
conflict with the goals of public health.
Recommendations
3.1 Parties should not accept, support or endorse partnerships
and non-binding or non-enforceable agreements as well as any
voluntary arrangement with the tobacco industry or any entity or
person working to further its interests.
3.2 Parties should not accept, support or endorse the tobacco industry
organizing, promoting, participating in, or performing, youth, public
education or any initiatives that are directly or indirectly related to
tobacco control.
3.3 Parties should not accept, support or endorse any voluntary code
of conduct or instrument drafted by the tobacco industry that is
offered as a substitute for legally enforceable tobacco control
measures.
3.4 Parties should not accept, support or endorse any offer for assistance
or proposed tobacco control legislation or policy drafted by or in
collaboration with the tobacco industry.
7
Guidelines for implementation: Article 5.3
8
(4) Avoid conflicts of interest for government officials and employees.
The involvement of organizations or individuals with commercial or vested
interests in the tobacco industry in public health policies with respect to
tobacco control is most likely to have a negative effect. Clear rules regarding
conflicts of interest for government officials and employees working in tobacco
control are important means for protecting such policies from interference by
the tobacco industry.
Payments, gifts and services, monetary or in-kind, and research funding
offered by the tobacco industry to government institutions, officials or
employees can create conflicts of interest. Conflicting interests are created
even if a promise of favourable consideration is not given in exchange, as the
potential exists for personal interest to influence official responsibilities as
recognized in the International Code of Conduct for Public Officials adopted
by the United Nations General Assembly and by several governmental and
regional economic integration organizations.
Recommendations
4.1 Parties should mandate a policy on the disclosure and management
of conflicts of interest that applies to all persons involved in setting
and implementing public health policies with respect to tobacco
control, including government officials, employees, consultants and
contractors.
4.2 Parties should formulate, adopt and implement a code of conduct
forpublicofficials,prescribingthestandardswithwhichtheyshould
comply in their dealings with the tobacco industry.
4.3 Parties should not award contracts for carrying out any work
related to setting and implementing public health policies with
respect to tobacco control to candidates or tenderers who have
conflicts of interest with established tobacco control policies.
4.4 Parties should develop clear policies that require public office
holders who have or have had a role in setting and implementing
public health policies with respect to tobacco control to inform their
institutions about any intention to engage in an occupational
activity within the tobacco industry, whether gainful or not, within
a specified period of time after leaving service.
4.5 Parties should develop clear policies that require applicants for
public office positions which have a role in setting and implementing
public health policies with respect to tobacco control to declare any
current or previous occupational activity with any tobacco industry
whether gainful or not.
8
Guidelines for implementation: Article 5.3
9
ARTICLE
5.3
4.6 Parties should require government officials to declare and divest
themselves of direct interests in the tobacco industry.
4.7 Government institutions and their bodies should not have any
financialinterestinthetobaccoindustry,unlesstheyareresponsible
for managing a Party’s ownership interest in a State-owned tobacco
industry.
4.8 Parties should not allow any person employed by the tobacco
industry or any entity working to further its interests to be a
member of any government body, committee or advisory group
that sets or implements tobacco control or public health policy.
4.9 Parties should not nominate any person employed by the tobacco
industry or any entity working to further its interests to serve on
delegations to meetings of the Conference of the Parties, its
subsidiary bodies or any other bodies established pursuant to
decisions of the Conference of the Parties.
4.10 Parties should not allow any official or employee of government
or of any semi/quasi-governmental body to accept payments, gifts
or services, monetary or in-kind, from the tobacco industry.
4.11 Taking into account national law and constitutional principles,
Parties should have effective measures to prohibit contributions
fromthetobaccoindustryoranyentityworkingtofurtheritsinterests
to political parties, candidates or campaigns, or to require full
disclosure of such contributions.
(5) Require that information provided by the tobacco industry be
transparent and accurate.
To take effective measures preventing interference of the tobacco industry
with public health policies, Parties need information about its activities and
practices, thus ensuring that the industry operates in a transparent manner.
Article 12 of the Convention requires Parties to promote public access to such
information in accordance with national law.
Article 20.4 of the Convention requires, inter alia, Parties to promote and
facilitate exchanges of information about tobacco industry practices and the
cultivation of tobacco. In accordance with Article 20.4(c) of the Convention,
each Party should endeavour to cooperate with competent international
organizations to establish progressively and maintain a global system to
regularly collect and disseminate information on tobacco production and
manufacture and activities of the tobacco industry which have an impact on
the Convention or national tobacco control activities.
9
Guidelines for implementation: Article 5.3
10
Recommendations
5.1 Parties should introduce and apply measures to ensure that all
operations and activities of the tobacco industry are transparent.3
5.2 Parties should require the tobacco industry and those working to
further its interests to periodically submit information on tobacco
production, manufacture, market share, marketing expenditures,
revenues and any other activity, including lobbying, philanthropy,
political contributions and all other activities not prohibited or not
yet prohibited under Article 13 of the Convention.3
5.3 Parties should require rules for the disclosure or registration of
the tobacco industry entities, affiliated organizations and
individuals acting on their behalf, including lobbyists.
5.4 Parties should impose mandatory penalties on the tobacco industry
in case of the provision of false or misleading information in
accordance with national law.
5.5 Parties should adopt and implement effective legislative, executive,
administrative and other measures to ensure public access, in
accordance with Article 12(c) of the Convention, to a wide range of
information on tobacco industry activities as relevant to the
objectives of the Convention, such as in a public repository.
(6) Denormalize and, to the extent possible, regulate activities described
as “socially responsible” by the tobacco industry, including but not limited
to activities described as “corporate social responsibility”.
The tobacco industry conducts activities described as socially responsible to
distance its image from the lethal nature of the product it produces and sells
or to interfere with the setting and implementation of public health policies.
Activities that are described as “socially responsible” by the tobacco industry,
aiming at the promotion of tobacco consumption, is a marketing as well as
a public relations strategy that falls within the Convention’s definition of
advertising, promotion and sponsorship.
The corporate social responsibility of the tobacco industry is, according to
WHO,4
an inherent contradiction, as industry’s core functions are in conflict
with the goals of public health policies with respect to tobacco control.
Recommendations
6.1 Parties should ensure that all branches of government and the
public are informed and made aware of the true purpose and
3
Without prejudice to trade secrets or confidential information protected by law.
4
WHO. Tobacco industry and corporate social responsibility – an inherent contradiction. Geneva,
World Health Organization, 2004.
10
Guidelines for implementation: Article 5.3
11
ARTICLE
5.3
scope of activities described as socially responsible performed by
the tobacco industry.
6.2 Parties should not endorse, support, form partnerships with
or participate in activities of the tobacco industry described as
socially responsible.
6.3 Parties should not allow public disclosure by the tobacco industry
or any other person acting on its behalf of activities described as
socially responsible or of the expenditures made for these activities,
except when legally required to report on such expenditures, such
as in an annual report.5
6.4 Parties should not allow acceptance by any branch of government
or the public sector of political, social, financial, educational,
community or other contributions from the tobacco industry or
fromthoseworkingtofurtheritsinterests,exceptforcompensations
due to legal settlements or mandated by law or legally binding and
enforceable agreements.
(7) Do not give preferential treatment to the tobacco industry.
Some governments encourage investments by the tobacco industry, even to
the extent of subsidizing them with financial incentives, such as providing
partial or complete exemption from taxes otherwise mandated by law.
Without prejudice to their sovereign right to determine and establish their
economic, financial and taxation policies, Parties should respect their
commitments for tobacco control.
Recommendations
7.1 Parties should not grant incentives, privileges or benefits to the
tobacco industry to establish or run their businesses.
7.2 Parties that do not have a State-owned tobacco industry should
not invest in the tobacco industry and related ventures. Parties
with a State-owned tobacco industry should ensure that any
investment in the tobacco industry does not prevent them from
fully implementing the WHO Framework Convention on Tobacco
Control.
7.3 Parties should not provide any preferential tax exemption to the
tobacco industry.
5
The guidelines for implementation of Article 13 of the WHO Framework Convention on Tobacco Control
address this subject from the perspective of tobacco advertising, promotion and sponsorship.
11
Guidelines for implementation: Article 5.3
12
(8) Treat State-owned tobacco industry in the same way as any other
tobacco industry.
Tobacco industry can be government-owned, non-government-owned or a
combination thereof. These guidelines apply to all tobacco industry, regardless
of its ownership.
Recommendations
8.1 Parties should ensure that State-owned tobacco industry is treated
in the same way as any other member of the tobacco industry in
respect of setting and implementing tobacco control policy.
8.2 Parties should ensure that the setting and implementing of tobacco
control policy are separated from overseeing or managing tobacco
industry.
8.3 Parties should ensure that representatives of State-owned tobacco
industry does not form part of delegations to any meetings of the
Conference of the Parties, its subsidiary bodies or any other bodies
established pursuant to decisions of the Conference of the Parties.
ENFORCEMENT AND MONITORING
Enforcement
Parties should put in place enforcement mechanisms or, to the extent possible,
use existing enforcement mechanisms to meet their obligations under Article
5.3 of the Convention and these guidelines.
Monitoring implementation of Article 5.3 of the Convention and of these
guidelines
Monitoring implementation of Article 5.3 of the Convention and of these
guidelines is essential for ensuring the introduction and implementation of
efficient tobacco control policies. This should also involve monitoring the
tobacco industry, for which existing models and resources should be used,
such as the database on tobacco industry monitoring of the WHO Tobacco
Free Initiative.
Nongovernmental organizations and other members of civil society not
affiliated with the tobacco industry could play an essential role in monitoring
the activities of the tobacco industry.
Codes of conduct or staff regulations for all branches of governments should
include a “whistleblower function”, with adequate protection of whistleblowers.
12
Guidelines for implementation: Article 5.3
13
ARTICLE
5.3
In addition, Parties should be encouraged to use and enforce mechanisms to
ensure compliance with these guidelines, such as the possibility of bringing
an action to court, and to use complaint procedures such as an ombudsman
system.
INTERNATIONAL COLLABORATION AND UPDATING AND REVISION
OF THE GUIDELINES
International cooperation is essential for making progress in preventing
interference by the tobacco industry with the formulation of public health
policies on tobacco control. Article 20.4 of the Convention provides the basis
for collecting and exchanging knowledge and experience with respect to
tobacco industry practices, taking into account and addressing the special
needs of developing country Parties and Parties with economies in transition.
Efforts have already been made to coordinate the collection and dissemination
of national and international experience with regard to the strategies and
tactics used by the tobacco industry and to the monitoring of tobacco industry
activities. Parties would benefit from sharing legal and strategic expertise for
countering tobacco industry strategies. Article 21.4 of the Convention provides
that information exchange should be subject to national laws regarding
confidentiality and privacy.
Recommendations
As the strategies and tactics used by the tobacco industry evolve constantly,
these guidelines should be reviewed and revised periodically to ensure that
they continue to provide effective guidance to Parties on protecting their
public health policies on tobacco control from tobacco industry interference.
Parties reporting via the existing reporting instrument of the Framework
Conventionshouldprovideinformationontobaccoproductionandmanufacture
and the activities of the tobacco industry that affect the Convention or
national tobacco control activities. To facilitate this exchange, the Convention
Secretariat should ensure that the principal provisions of these guidelines are
reflected in the next phases of the reporting instrument, which the Conference
of the Parties will gradually adopt for use by Parties.
In view of the paramount importance of preventing tobacco industry
interference in any public health policy with respect to tobacco control, the
Conference of the Parties may, in the light of experience with implementing
these guidelines, consider whether there is a need to elaborate a protocol in
relation to Article 5.3 of the Convention.
13
Guidelines for implementation: Article 5.3
14
USEFUL SOURCES OF INFORMATION
Relevant literature
Brandt AM. The cigarette century. The rise, fall, and deadly persistence of
the product that defined America. New York, Basic Books, 2007.
Chapman S. Making smoking history. Public health advocacy and tobacco
control. Oxford, Blackwell Publishing, 2007.
Callard C, Thompson D, Collishaw N. Curing the addiction to profits: a supply-
side approach to phasing out tobacco. Ottawa, Canadian Centre for Policy
Alternatives and Physicians for a Smoke free Canada, 2005.
Feldman EA, Bayer R (Editors). Unfiltered: conflicts over tobacco policy and
public health. Boston, Harvard University Press, 2004.
Gilmore A et al. Continuing influence of tobacco industry in Germany. Lancet,
2002, 360:1255.
Hastings G, Angus K. The influence of the tobacco industry on European
tobacco control policy. In: Tobacco or health in the European Union. Past,
present and future. Luxembourg, Office for Official Publications of the
European Commission, 2004:195–225.
Lavack A. Tobacco industry denormalization campaigns: a review and
evaluation. Ottawa, Health Canada, 2001.
Mahood G. Tobacco industry denormalization. Telling the truth about the
tobacco industry’s role in the tobacco epidemic. Toronto, Campaign for
Tobacco Industry Denormalization, 2004.
Pan American Health Organization. Profits over people. Tobacco industry
activities to market cigarettes and undermine public health in Latin America
and the Caribbean. Washington DC, Pan American Health Organization, 2002.
Simpson D. Germany: still sleeping with the enemy. Tobacco Control, 2003,
12:343–344.
Hammond R, Rowell A. Trust us. We’re the tobacco industry. Baltimore, Johns
Hopkins University Press, 2001.
World Health Organization. Tobacco company strategies to undermine tobacco
control activities at the World Health Organization. Geneva, World Health
Organization, 2000.
World Health Organization. Tobacco industry and corporate social
responsibility – an inherent contradiction. Geneva, World Health Organization,
2004.
14
Guidelines for implementation: Article 5.3
15
ARTICLE
5.3
Yach D, Bialous S. Junking science to promote tobacco. American Journal of
Public Health, 2001, 91:1745–1748.
Web resources
WHO sites:
Tobacco Free Initiative: http://www.who.int/tobacco/en/
WHO publications on tobacco:
http://www.who.int/tobacco/resources/publications/en/
WHO European Regional Office:
http://www.euro.who.int/healthtopics/HT2ndLvlPage?HTCode=smoking
Tobacco control in the Americas (in English and Spanish):
http://www.paho.org/english/ad/sde/ra/Tobabout.htm
Sites with general, regional or national information and topics related
to tobacco control:
Action on Smoking and Health, UK (and special page for the tobacco industry):
http://www.newash.org.uk/ash_r3iitasl.htm
Corporate Accountability International and the Network for Accountability of
Tobacco Transnationals: www.stopcorporateabuse.org
Economics of tobacco control: http://www1.worldbank.org/tobacco/
European Commission:
http://ec.europa.eu/health/ph_determinants/life_style/Tobacco/tobacco_en.htm
European Network for Smoking Prevention: http://www.ensp.org/
Framework Convention Alliance for Tobacco Control: http://www.fctc.org/
International Union for Health Promotion and Education:
http://www.iuhpe.org/?page=18&lang=en
Model Legislation for Tobacco Control manual:
http://www.iuhpe.org/?lang=en&page=publications_report2
Tobacco industry:
http://tobacco.health.usyd.edu.au/site/supersite/links/docs/tobacco_ind.htm
Smokefree Partnership: http://www.smokefreepartnership.eu/
Thailand Health Promotion Institute: http://www.thpinhf.org/
Tobaccopedia: the online tobacco encyclopaedia: http://www.tobaccopedia.org/
15
Guidelines for implementation: Article 5.3
16
More links to tobacco sites:
Various international and national tobacco control web sites:
http://www.tobacco.org/resources/general/tobsites.html
National tobacco control web sites:
http://www.smokefreepartnership.eu/National-Tobacco-Control-websites
Centre de ressources anti-tabac: http://www.tabac-info.net/
Comité National Contre le Tabagisme (France): http://www.cnct.org
Office Français de Prévention du Tabagisme: http://www.oft-asso.fr/
Latest news on smoking and tobacco control: http://www.globalink.org
Ministère de la santé, de la jeunesse et des sports: http://www.sante.gouv.fr/
16