Tobacco crops. At its first session in 2006, the Conference of the Parties (COP) to the WHO Framework Convention on Tobacco Control (WHO FCTC) decided to establish an ad hoc study group on alternative crops. Brazil hosted the first meeting of the study group in May 2007, resulting in a report  that was presented to the second session of the COP.

The second meeting of the study group was hosted by the Government of Mexico and took place from 17 to 19 June 2008 in Mexico City. The meeting placed a particular focus on aspects such as scientific evidence, tobacco growing-specific aspects, the time span in view of demand trend, aspects of economically sustainable alternatives in crop diversification measures as an alternative to tobacco crops, and possibilities of alternative livelihoods.

II. Key elements of the FCTC final text

The key elements of the final text of the FCTC include:

Taxes  - The text formally recognizes that tax and price measures are an important way of reducing tobacco consumption, particularly by young people, and requires signatories to consider public health objectives when implementing tax and price policies on tobacco products. The measures include the prohibition or restriction of sales to and/or imports of duty-free tobacco products.

Labeling - The text requires that - within a period of three years after entry in force of the Convention - at least 30 per cent - but ideally 50 per cent or more - of the display area on tobacco product packaging shall be taken up by clear rotating health warnings in the form of text, pictures or a combination of the two. Packaging and labelling requirements should prohibit misleading language that gives the false impression that the product is less harmful than others. This may include the use of descriptors such as 'light', 'mild' or 'low tar'.

In addition to health warnings, each unit package of tobacco and any outside packaging should contain information on relevant constituents and emissions of tobacco products.

They should also carry a marking enabling the traceability of the product, including manufacturer's name, country of origin, product and batch number, date of production and the statement "sales only allowed in" (name of the country, subnational, regional or federal unit).

Advertising - The final text requires parties to move towards a comprehensive ban on tobacco advertising - within five years of the Convention entering into force-.

So, in accordance with its constitution, each party should: ban all forms of tobacco advertising, promotion and sponsorship that promote a tobacco product; require health warnings or messages on all tobacco advertising and, as appropriate, promotion and sponsorship; restrict the use of direct or indirect incentives that encourage the purchase of tobacco products.

For countries that are not allowed to implement a comprehensive ban, they shall disclose to relevant authorities expenditures by the tobacco industry on advertising, promotion and sponsorship and restrict tobacco advertising and sponsorship by broadcast or electronic means and in print media.

The text also explicitly requires signatories to the Convention to look at the possibility of a protocol to provide a greater level of detail on cross-border advertising. This could include the technical aspects of preventing or blocking advertising in area such as satellite television and the internet.

Liability - Parties to the Convention are encouraged to pursue legislative action to hold the tobacco industry liable for costs related to tobacco use.

International cooperation - Parties should undertake to develop research, surveillance, monitoring and exchange of scientific, technical, socio-economic, commercial and legal information. This measure also includes the establishment of an updated database of laws and regulations on tobacco control, and the collection of information on tobacco production, manufacture and sales. They should also cooperate in scientific, technical and legal fields, and provide related expertise, taking into account the needs of developing countries and countries with transitional economies.

Financing - Parties are required to provide financial support to their national tobacco control programmes. On that purpose, they should promote, as appropriate, the utilization of bilateral, regional, subregional and other multilateral channels. Accordingly, economically viable alternatives to tobacco production, including crop diversification should be addressed and supported in the context of nationally developed strategies of sustainable development.

In addition, the text encourages the use and promotion of existing development funding for tobacco control. A number of countries and development agencies, have already pledged their commitment to include tobacco control as a development priority.

Second-hand smoke - Each Party should adopt and implement in areas of existing national jurisdiction measures to protect from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.

The Conference of the Parties, in consultation with competent international bodies, should propose guidelines for testing and measuring the contents and emissions of tobacco products, and for the regulation of these contents and emissions. Each party, in accordance with its national law, shall adopt and implement legislative measures requiring manufacturers and importers to disclose to governmental authorities information about the contents and emissionsof tobacco products. Each party shall further adopt measures for public disclosure of information about the toxic constituents of the tobacco products.

Education - The text also requires countries to promote treatment programmes to help people stop smoking, education to prevent people from starting, and to prohibit sales of tobacco products to minors. Any seller of tobacco products should request that each purchaser give proof of legal age, and they should further post a prominent sign indicating that the sale of tobacco products is banned to minors. They should also ensure that vending machines are not accessible to minors. In addition, each party may indicate its commitment to prohibit the introduction of vending machines. The sale of tobacco products in self-service displays or store shelves that can be accessed directly by customers should also be banned. Small packets as well as the sale of cigarettes individually should be prohibited.

Institutional arrangements The Convention was opened open for signature at the World Health Organization Headquarters in Geneva from 16 June 2003 to 22 June 2003, and thereafter at United Nations Headquarters in New York, from 30 June 2003 to 29 June 2004. The Convention takes effect after at least 40 countries have ratified it.

For each State that ratifies, accepts or approves the FCTC, the Convention shall enter into force on the ninetieth day following the date of deposit of its instrument of ratification, acceptance, approval or accession.

III FCTC CHRONOLOGY  (1999-2003/adoption of the FCTC)

FCTC Negotiations
On 24 May 1999, the World Health Assembly (WHA),the governing body of the World Health Organization (WHO), paved theway for multilateral negotiations to begin on a set of rules for tobacco in the next century.

The 191-member WHA backed a resolution calling for a Framework Convention on Tobacco Control (FCTC) - a new legal instrument that could address issues as diverse as tobacco advertising and promotion, agricultural diversification, smuggling, taxes and subsidies.

During the May 1999 World Health Assembly, Member States established both a FCTC Working Group and an Intergovernmental Negotiating Body.

The mission of the FCTC Working Group ,was to prepare proposed draft elements on the FCTC and to submit a report to the Fifty-third World Health Assembly.

The Intergovernmental Negotiating Body is charged with the responsibility of negotiating the text of the Convention and possible related protocols.

Public Hearings on the FCTC
Before the First Session of the Intergovernmental Negotiating Body in October 2000, Public Hearings were held in order to allow non-government organisations an opportunity to voice their opinions on the Framework Convention on Tobacco Control.

WHO received over 514 submissions to the Public Hearings on the Framework Convention on Tobacco Control. Representatives of 144 private sector and non governmental organizations and institutions gave verbal testimonies during the hearings. Among the testifiers were representatives of most major tobacco multinationals and state tobacco companies, as well as several tobacco farming groups along with a diverse range of public health agencies, women's groups, community based organizations and academic institutions.

Fifth Session of the Intergovernmental Negotiating Body on the FCTC, October 14-25, 2002

Released on July 2002, a new chair's text of a Framework Convention onTobacco Control, served as the basis for the talks by the Member States of the World Health Organization. Key issues such as tobacco advertising, price and tax policies and illicit trade of tobacco, were discussed during the Fifth session of the INB.

A total ban on tobacco advertising was the most critical point of the talks. The draft text called for participating governments to reduce the advertising, promotion and sponsorship of tobacco products, in accordance with national laws. Health activists said that this draft treaty was far weaker than originally envisaged with the emphasis on gradual and flexible measures related to price hikes or advertising bans. Luis Felipe de Seixas Correa who was chairing the negotiations stated that he has drawn up a draft accord which was a balance between public health ideals and political and commercial realities.

The WHO urged governments to raise annual cigarette and tobacco prices by at least five per cent after inflation.

New Chair's text of a Framework Convention on Tobacco Control

A revised draft Chair's text of the FrameworkConvention on Tobacco Control was issued on January 15, 2003. This revised Chair's text detailed key issues such as tobacco advertising, promotion and sponsorship, illicit trade of tobacco products, tobacco taxes and international cooperation.

Among the most critical points, the draft text did not include a total ban on tobacco advertising but provided for measures to restrict tobacco advertising, promotion and sponsorship inaccordance with national laws. The draft proposed banning the use ofdescriptors like "light," "ultra-light", "low-tar" and "mild" and seeked more prominent health warnings on packs covering at least 50% of space or more, but in any case not less than 30% of the pack.

Adoption of the FCTC, May 21, 2003

The FCTC, the world's first ever global tobacco control treaty, was unanimously adopted at the fifty-sixth World Health Assembly on May 21, 2003 (final text). It provides for a general ban on tobacco advertising, promotion and sponsorship and for tougher smoking prevention measures.