18.6 Other obligations

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18.6.1 Protection of the environment

Under Article 18, Parties to the FCTC agree that, in carrying out their obligations, they will have due regard to the protection of the environment and the health of persons in relation to the environment in respect of tobacco cultivation and manufacture within their respective territories.

18.6.2 Liability

Parties agree, under Article 19, that for the purpose of tobacco control they will consider taking legislative action or promoting their existing laws to deal with criminal and civil liability, including compensation where appropriate. Parties also agree that they will, 'as appropriate and mutually agreed, within the limits of national legislation, policies, legal practices and applicable existing treaty arrangements', afford one another assistance in legal proceedings relating to civil and criminal liability consistent with the FCTC.

18.6.3 Scientific and technical cooperation and communication of information

In order to facilitate and promote the implementation of the FCTC, Parties undertake a number of obligations with respect to research, surveillance and exchange of information, reporting, and cooperation in the scientific, technical, and legal fields and provision of related expertise.

18.6.3.1 Research, surveillance and exchange of information

Under Article 20, Parties accept a range of obligations with respect to research, surveillance and exchange of information regarding tobacco and tobacco control, and related activities including cooperation and provision of training and support.

Research

Parties undertake, under Article 20.1, to develop and promote national research and to coordinate research programs at the regional and international levels in the field of tobacco control. Towards this end, each Party must initiate and cooperate in, directly or through competent international and regional intergovernmental organisations and other bodies, the conduct of research and scientific assessments, and in so doing promote and encourage research that addresses the determinants and consequences of tobacco consumption and exposure to tobacco smoke as well as research for identification of alternative crops.

Training and support

Article 20.1 also requires each Party to promote and strengthen, with the support of competent international and regional intergovernmental organisations and other bodies, training and support for all those engaged in tobacco control activities, including research, implementation and evaluation.

Surveillance

Under Article 20.2, Parties are required to establish, as appropriate, programs for national, regional and global surveillance of the magnitude, patterns, determinants and consequences of tobacco consumption and exposure to tobacco smoke. Towards this end, the Parties should integrate tobacco surveillance programs into national, regional and global health surveillance programs so that data are comparable and can be analysed at the regional and international levels. Each Party is required, under Article 20.3(a), to endeavour to establish progressively a national system for the epidemiological surveillance of tobacco consumption and related social, economic and health indicators.

Exchange of information

Article 20.4 requires Parties, 'subject to national law', to promote and facilitate the exchange of publicly available scientific, technical, socio-economic, commercial and legal information, as well as information regarding practices of the tobacco industry and the cultivation of tobacco, which is relevant to the FCTC. In so doing, Parties must take into account and address the special needs of developing country Parties and Parties with economies in transition. Each Party is required to endeavour to progressively establish and maintain: an updated database of laws and regulations on tobacco control and, as appropriate, information about their enforcement, as well as pertinent jurisprudence; and updated data from national programs for epidemiological surveillance of tobacco consumption and related indicators (as required to be established under Article 20.3(a)).

Cooperation

Parties are required to endeavour to cooperate with competent international and regional intergovernmental organisations and other bodies, including governmental and non-governmental agencies, in surveillance and exchange of information on tobacco consumption and related indicators (Article 20.3(b)), and with the WHO in the development of general guidelines or procedures for defining the collection, analysis and dissemination of tobacco-related surveillance data (Article 20.3(c)). Parties are also required to cooperate with each other in the development of programs for regional and global tobacco control (Article 20.4(a)), and with competent international organisations to progressively establish and maintain a global system to regularly collect and disseminate information on tobacco production, manufacture and the activities of the tobacco industry which have an impact on the FCTC or on national tobacco control activities (Article 20.4(c)).

In addition, Parties should cooperate, in regional and international intergovernmental organisations and financial and development institutions of which they are members, to promote and encourage provision of technical and financial resources to the FCTC Secretariat to assist developing country Parties and Parties with economies in transition to meet their commitments on research, surveillance and exchange of information (Article 20.5).

18.6.3.2 Reporting and exchange of information

Under Article 21, each Party to the FCTC is required to submit to the COP periodic reports on its implementation of the Convention. These reports must include information on various matters that are specified in Article 21 including: legislative, executive, administrative or other measures taken to implement the Convention; constraints or barriers encountered in implementation of the Convention and the measures taken to overcome these barriers; financial and technical assistance provided or received for tobacco control activities; surveillance and research; and other specified matters relating to taxation, advertising, promotion and sponsorship, cross-border trade in tobacco products (including illicit trade), and information on the health effects of tobacco consumption and exposure to tobacco smoke, and legislation, regulation and pertinent jurisprudence. Parties' periodic reporting is critical to effectively monitoring the implementation of the FCTC and to maximising its effectiveness in practice.

The frequency and format of periodic reports are as determined by the COP, with each Party to make its initial report within two years of the entry into force of the FCTC for that Party. At its first session (COP-1), the COP provisionally adopted a questionnaire for the completion of national reports, which it requested Parties required to submit their initial reports in 2007 to use in completing their reports.[6] Forty-six Parties submitted their initial reports on implementation of the Convention before COP-2,[7] and the FCTC Secretariat prepared a synthesis of those reports received in time for its analysis.[8]

At COP-2, the COP established a process for reviewing the questionnaire, in light of the challenges encountered by Parties that had submitted their reports before COP-2.[9] The questionnaire is to be further considered at COP-3.

18.6.3.3 Cooperation in the scientific, technical, and legal fields and provision of related expertise

Article 22 promotes cooperation between Parties to the FCTC in the scientific, technical and legal fields and in the provision of related expertise. The COP is required to promote and facilitate transfer of technical, scientific and legal expertise and technology with the financial support secured in accordance with Article 26 (Financial resources). Parties are required to cooperate, directly or through competent international bodies, to strengthen their capacity to fulfill the obligations arising from the FCTC, taking into account the needs of developing country Parties and Parties with economies in transition. Such cooperation is to promote the transfer of technical, scientific and legal expertise and technology to establish and strengthen national tobacco control strategies, plans and programs. This may be aimed at a number of ends, including: facilitation of development, transfer and acquisition of technology, skills and capacity; provision of technical, scientific, legal and other expertise; provision of material support; identification of tobacco control methods; and promotion of research.

18.6.4 Financial resources

Parties recognise under Article 26 'the important role that financial resources play' in achieving the objective of the FCTC, and each Party is required to provide financial support in respect of its national activities intended to achieve the objective of the FCTC, in accordance with its national plans, priorities and programs. Parties also agree to promote, as appropriate, the utilisation of bilateral, regional, subregional and other multilateral channels to provide funding for the development and strengthening of multisectoral comprehensive tobacco control programs of developing country Parties and Parties with economies in transition. In particular, Parties represented in relevant regional and international intergovernmental organisations agree to encourage these entities to provide financial assistance for developing country Parties and Parties with economies in transition to assist them in meeting their obligations.

COP-1 recognised 'the urgent need for all Contracting Parties to implement the Convention to the maximum level' and 'the urgent need for assistance to developing country Parties and Parties with economies in transition to support them in their implementation'.[10] The COP-1 decision on financial resources and mechanisms of assistance: called upon developing country Parties and Parties with economies in transition to conduct needs assessments and communicate their prioritised needs to development partners; reaffirmed the responsibility of developed country Parties to provide assistance, in accordance with their obligations under the Convention, through bilateral, regional, international or nongovernmental channels; urged international financial institutions, international organisations and other development partners to channel resources to developing country Parties and Parties with economies in transition, based on specific requests; and requested the Secretariat to provide assistance to developing country Parties and Parties with economies in transition in the conduct of needs assessments and in securing technical and financial assistance, and to launch an awareness-raising campaign among potential development partners to mobilise financial and technical support for developing country Parties and Parties with economies in transition.

At COP-2, the Parties to the FCTC reaffirmed the importance of financial resources in achieving the objective of the Convention, recognising 'the need for taking immediate action to provide all necessary assistance to Parties to ensure sustained and predictable availability of funds'.[11] The COP-2 decision: requested the Secretariat to actively seek extrabudgetary contributions from Parties and other international donors, including intergovernmental organisations, specifically for the purpose of helping Parties in need to carry out needs assessments and develop project and program proposals for financial assistance from all available funding sources; invited the Director-General of WHO to support the Secretariat in this work and urged donor Parties to provide voluntary extrabudgetary contributions specifically for the purpose of this work; and requested the Secretariat to prepare and present, at each session of the COP, an implementation report on activities undertaken to implement the COP's decisions on financial resources and mechanisms of assistance.