COP10 decided to re-establish an expert group on liability taking into account the work completed by the expert group on liability established pursuant to decision FCTC/COP5(9) and whose mandate was extended in decision FCTC/COP6(7);
The expert group will:
- review and collect information in respect of the practice that has evolved at Party level, taking into account the work being done in relevant international fora, and support Parties, as relevant, to strengthen their criminal and civil liability regimes, including administrative measures, to ensure accountability and deterrence, improve access to justice, and allow for effective remedies for those affected by tobacco harms, on a voluntary basis and upon request by the Parties;
- provide options for Parties to detect and counter tobacco industry efforts to evade applicable liability regimes or to undermine tobacco control, including through corporate reorganization or investments;
- explore the possible development of a methodology that estimates or quantifies the health care costs borne due to tobacco use, in order to support Parties in collecting evidence to be used in tobacco-related litigation;
- report on its work at the Eleventh session of the Conference of the Parties