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Ph +64 4 439 8000, | Email:info at mfat.govt.nz
Treaty Type:
Multilateral
Common Name:
FCTC - Protocol to Eliminate Illicit Trade in Tobacco Products
Responsible Department:
Health
Administering Department:
Treaty Summary:
The WHO Framework Convention on Tobacco Control (FCTC) is a multilateral convention. On 12 November 2012, the Conference of the Conference of the Parties adopted the first Protocol under the FCTC - the Protocol to Eliminate Illicit Trade in Tobacco Products (the Protocol), which aims to eliminate all forms of illicit trade in tobacco products.
Following the ratification of United Kingdom of Great Britain and Northern Ireland on 27 June 2018, the conditions for the entry into force of the Protocol have been met. The Protocol comes into force on 25 September 2018.
More details can be found at: <http://www.who.int/fctc/protocol/en/>.
NZ Adherence Status:
In Progress
Negotiation Status:
The Protocol is currently open for accession by the Parties to the FCTC. Any protocol to the Convention only binds Parties to the protocol in question. New Zealand has not acceded to the Protocol. In 2015 - 2016, the Ministry of Health consulted on whether New Zealand should accede to the Protocol. Most stakeholders generally supported NZ accession to the Protocol. Several stakeholders stated that further work needed to be done on administrative costs and implementation models (in particular, of the 'track and trace' model). However, the consultation also indicated that illicit tobacco trade is not currently a significant problem in New Zealand. Action on Smoking and Health estimates the size of the NZ illicit tobacco market to be only 1.8 - 3.9% of total tobacco consumption in 2013. A 2010 estimate by the tobacco industry concluded that illicit tobacco represented approximately 3.3% of total tobacco consumption in NZ. By contrast, the UK market was estimated at around 11%. The Organised and Financial Crime Agency of NZ agreed with this general assessment and confirmed that the NZ illicit tobacco market is not comparable to that in Asia or Europe.
The Government considered that accession would not significantly impact the Smoke-free 2025 goal, and that resources would be better applied to other tobacco control interventions. On this basis, the Government has deferred its consideration of whether it should accede to the Protocol. Further information can be found at: https://www.health.govt.nz/strategies-initiatives/programmes-and-initiatives/smokefree-2025/who-framework-convention-on-tobacco-control/protocol-to-eliminate-illicit-trade-in-tobacco-products[ID1]
Since then, the Ministry of Health has implemented active, independent monitoring of illicit trade in tobacco (and more recently, vapes) in New Zealand. This monitoring has reconfirmed that illicit tobacco trade is not a significant problem in New Zealand. Monitoring is ongoing. This research can be found at: https://www.health.govt.nz/publications/research-evaluation-and-monitoring-of-illicit-tobacco-in-new-zealand-baseline-report-2022
Organisation:
WHO
Is Signed By NZ:
No
Signature Date:
Ratified or Signed:
No
Requires Ratification:
No
NZ Territorial Applications:
Tokelau
Information about required Legislation:
To meet the obligations of the Protocol the Smoke-free Environments Act 1990 and the Customs and Excise Act 1996 would need to be amended. For example, the Protocol requires Parties to establish a track and trace regime for all tobacco products and this would require legislative amendment.
Impacts on Maori:
Māori smoking rates are much higher than those of other ethnic groups, and smoking is a significant contributor to Māori/non-Māori health inequalities. Māori are a priority group for tobacco control initiatives, including smoking cessation services.
Impacts on Stakeholders:
International efforts to reduce access to and use of tobacco will assist New Zealand to reduce its smoking rates.
Link To Legislation:
Treaty Text Link:
Contact Information:
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