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WORLD HEALTH ORGANIZATION

CONFERENCE OF THE PARTIES TO THE A/FCTC/COP/1/INF.DOC./6

WHO FRAMEWORK CONVENTION 10 February 2006

ON TOBACCO CONTROL First session

Agenda items 5.2 and 5.3

Approaches for conducting intersessional work on elaboration of guidelines

Note by the interim secretariat

1. During the deliberations of Committee A on agenda item 5.2, the question was raised of possible modalities for elaboration of future guidelines after the end of the first session of the Conference of the Parties. This issue was also discussed under agenda item 5.3, and is likely to arise with respect to a number of items on the agenda. This note therefore addresses the issue in general.

2. The Conference may wish to consider the following approaches to intersessional working arrangements. There are precedents in other treaties for each of these approaches, which are not necessarily mutually exclusive.

Approach 1

3. Mandate given to the secretariat to elaborate drafts in accordance with the specifications contained in the relevant decisions, for consideration by the Conference at its subsequent session.

Example: the secretariat could be asked to compile elements of a specific protocol or guideline in accordance with the work done by the Conference at its first session.

Approach 2

4. Mandate given to the President and the five Vice-Presidents to develop further the work of the first session; the secretariat would assist the officers or work under their supervision. For this purpose, the Chairs and Vice-Chairs of the two committees could also be included (a common way of proceeding), as could the outgoing officers (the Basel Convention provides a precedent for this approach).1 Example: the officers could discuss elements of a protocol or guideline based on the work of the first session, then request the secretariat to elaborate these further under its guidance.

1 As the current officers are elected for both the first and second sessions of the Conference, this approach could be considered only for subsequent sessions.

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A/FCTC/COP/1/INF.DOC./6

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Approach 3

5. Establishment of an informal group of experts to elaborate further the work of the first session by providing elements to be discussed by the second session or by a more permanent subsidiary body to be established at a later stage. Typically, the President of the Conference would invite persons with a special expertise and interest to participate. Normally the secretariat would provide technical and administrative support to these groups. Example: an informal group could be established to elaborate elements of a specific protocol or guideline in accordance with the work done at the first session, for submission to the second session.

Approach 4

6. Establishment of a subsidiary body, in accordance with the Rules of Procedure, to carry out the work as mandated by the first session and submit it to the Conference upon completion. Unlike the previous approaches, this will normally mean a body established on a more permanent basis that has a

“life” of its own, and would report to the Conference at regular intervals. The subsidiary body would operate under the Rules of Procedure of the Conference of the Parties, and these Rules would apply to participation of observers. Example: a subsidiary body could be established to negotiate a particular protocol or elaborate a set of guidelines, based on the work done by the first session. This body would have its own meetings and report regularly to the Conference.

Approach 5

7. Establishment of one or more permanent subsidiary bodies in accordance with the Rules of Procedure, to carry out all intersessional work, that is following up each session and preparing the work and decisions of the next one. The subsidiary bodies would operate under the Rules of Procedure of the Conference of the Parties, and these Rules would apply to participation of observers. At a later stage in the life of the Convention, there could be more than one such body (many existing treaties have several such bodies operating on a permanent basis).

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