Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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771. To ask the Minister for Health the actions being taken in view of the Framework Convention on Tobacco Control Illicit Trade Protocol; and if he will make a statement on the matter. [19341/17]

Marcella Corcoran Kennedy (Offaly, Fine Gael)
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The WHO Framework Convention on Tobacco Control (FCTC) treaty was ratified by the State in November 2005. Ireland is a strong advocate of the FCTC and is fully committed to its implementation. The Protocol to Eliminate Illicit Trade in Tobacco Products was adopted in November 2012 and is the first protocol to the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC). The Protocol was signed by Ireland’s Permanent Representative to the United Nations in New York on 20 December 2013 and it is the intention to ratify the Protocol.

The objective of the Protocol is to eliminate all forms of illicit trade in tobacco products. The Protocol requires Parties to take measures to control the supply chain of tobacco products effectively and to cooperate internationally on a wide range of matters. The FCTC Protocol is a mixed competence agreement. The effect of this is that has to be ratified both by the Member States of the EU and by the European Union.

The Protocol sets out a number of obligations including, amongst others, the following:

- Licensing in respect of the growing, retail, transporting and distribution of tobacco products;

- Tracking and tracing of tobacco products from manufacture to intended market for retail sale;

- Sale of tobacco products over the internet;

- Offences, prosecutions and sanctions in relation to the illicit trade of tobacco;

- Disposal of confiscated illicit tobacco products;

- International cooperation i.e. information sharing, enforcement, investigation, prosecutions, mutual legal assistance and extradition; and

- Reporting.

In respect of licensing, the Government approved the drafting of a General Scheme of a Bill to provide for the introduction of a licensing system and other measures in relation to the sale of tobacco products and non-medicinal nicotine delivery systems, including e-cigarettes. The drafting of a Regulatory Impact Assessment and the General Scheme for the Bill is ongoing.

The EU Tobacco Products Directive, which Ireland transposed into domestic law last year, contains provisions relating to the tracking and tracing of tobacco products which is a key element of the WHO FCTC Protocol. Discussions are currently being held at EU level in relation to the development of a legal framework for a track and trace system within Member States.

The Department of Health in Ireland will work with key stakeholders, includinginter aliathe Office of the Revenue Commissioners, Department of Finance and the Department of Justice to move towards ratification of the Protocol.