Timeline | |||
Date | Framework Convention on Tobacco Control (FCTC) and Illicit Trade Protocol (ITP) | European Union (EU) | Tobacco industry (TI) |
1998 | EU investigation of transnational tobacco company (TTC) cigarette smuggling starts16 | ||
December 1998 | An affiliate of RJ Reynolds pleads guilty in US tobacco smuggling lawsuit and is fined $15 million170 | ||
June 1999 | RJR MacDonald’s parent company under investigation by the Royal Canadian Mounted Police (RCMP) for complicity in tobacco smuggling between 1989 and 1994171 | ||
December 1999 | Through US Courts, the Canadian government sues RJ Reynolds and affiliates in alleging they were part of a conspiracy to smuggle cigarettes into Canada12 | ||
June 2000 | Canada’s lawsuit rejected on the grounds that US courts cannot be used to collect the taxes of another country172 | ||
November 2000 | EU files Racketeer Infuenced & Corrupt Organizations Act (RICO) case in New York Court against TTCs accusing the companies of ‘an ongoing global scheme to smuggle cigarettes’16 173 174 | ||
August 2001 | 10 EU member states join the lawsuit174 | ||
January 2002 | Additional charges filed against Japan Tobacco International (JTI) and its affiliates175 | ||
October 2002 | Additional allegations filed against RJR MacDonald 16 | ||
February 2003 | The RCMP file criminal charges against RJ Reynolds and affiliates over cigarette smuggling in the 1990s14 | ||
May 2003 | The FCTC is adopted by the World Health Assembly176 | ||
July 2004 | EU and member states drop case against Phillip Morris International (PMI) in return for enforceable and legally binding agreement. PMI pays the EC $1250 million over 12 years.16 Through this and subsequent agreements with the other TTCs, they collectively had to make payments of US$1.9 billion to the EU and its member states, additional payments if their tobacco products were, through seizures, found on the illicit market (although only in large numbers)16 and to mark their products with trackable codes177–180 | ||
October 2004 | PMI files priority international patent for ‘methods and systems for marking, tracking and authentication of products’ (Codentify)77 | ||
February 2005 | The FCTC enters into force181 | ||
September 2005 | International Codentify patent filed77 | ||
February 2006 | Conference of the Parties (COP) 1—officers elected and main committees established182 | ||
September 2006 | Codentify patent enters the European regional phase183 | ||
June 2007 | COP 2—decision to establish an intergovernmental negotiating body (INB) on the ITP182 | ||
December 2007 | EU reaches agreement on illicit trade with JTI. JTI agrees to pay the EC $400 million over 15 years179 | ||
February 2008 | INB—first meeting (negotiations for ITP begin)182 | During 2008–September 2010, the four major tobacco companies in Canada plead guilty to tobacco smuggling and were collectively fined $C1.7 billion14 | |
October 2008 | INB, second meeting182 | ||
November 2008 | COP 3182 | ||
February 2009 | Codentify patent is granted by Eurasian Patent Organization184 | ||
April 2009 | Codentify patent is granted in Europe185 | ||
June 2009 | INB, third meeting182 | ||
March 2010 | INB, fourth meeting182 | ||
July 2010 | EU reaches agreement on illicit trade with British American Tobacco (BAT). BAT agrees to pay the EC $200 million over 20 years177 | ||
September 2010 | EU reaches agreement on illicit trade with Imperial Tobacco Limited. Imperial agrees to pay the EC $300 over 20 years178 | ||
November 2010 | COP 4—decision to establish informal working group on the ITP182 | PMI licences Codentify for free to its main competitors.65Tobacco Industry Working Group on Digital Tax Verification formed67 | |
May 2011 | The first Project Star report published on illicit tobacco in the EU, commissioned by PMI from KPMG25 | ||
July 2011 | ITP working group holds its first meeting186 | ||
October 2011 | Digital Coding and Tracking Association (DCTA) registered in Zurich187 | ||
March 2012 | INB, fifth meeting182 | ||
June 2012 | PMI makes €15 million donation to Interpol to work with DCTA132 | ||
November 2012 | COP 5—ITP adopted and Interpol (in receipt of pounds from PMI) applies for observer status182 188 | ||
December 2012 | SICPA awarded Kenyan Revenue Authority tender, despite lobbying efforts for Codentify by BAT and FractureCode189 | ||
January 2013 | ITP opened for signature190 | ||
April 2013 | European Codentify patent is updated to change the applicant from PMI to the DCTA191 | ||
September 2013 | PMI donates €55 000 to International Anti-Corruption Academy (initiated by European Antifraud Office and UN Office on Drugs and Crime)131 | ||
December 2013 | EU signs ITP192 | US Codentify patent is filed193 | |
April 2014 | The Revised Tobacco Products Directive (TPD) agreed. Articles 15 and16 relate to T&T and operationalise the ITP in the EU194 | DCTA is the major sponsor of World Customs Organization conference on illicit tobacco6 | |
May 2014 | KPMG & GS1 UK release a DCTA-funded report promoting Codentify138 | ||
June 2014 | First Project SUN report is published—a continuation of Project Star but now commissioned by all TTCs195 | ||
October 2014 | COP 6—Report on the status of the ITP. Request for establishment of ITP expert panel182 | ||
November 2014 | BAT is fined £650 000 (later reduced to £10 000)35 for oversupplying products to Belgium34 | ||
March 2015 | Feasibility assessment on EU T&T system published117 | ||
June 2015 | Coalition Against Illicit Trade is formed118 | ||
April 2016 | Inexto established101 | ||
May 2016 | Coordinating meeting of the ITP expert panel196 | PMI launches PMI IMPACT197 | |
June 2016 | EU ratifies ITP198 | DCTA announces that it has sold Codentify to Inexto, and PMI claims it now complies with the TPD199 PMI IMPACT announces first call for proposals to fund160 | |
Inception impact assessment for delegated acts under Articles 15 and 16 of TPD published200 | |||
July 2016 | EU agreement on illicit trade with PMI expires201 EU public consultation on EU system of T&T in line with Articles 15 and 16 of the TPD (ends in November 2016)202 | ||
September 2016 | DCTA transfers ownership of Codentify’s European patent to Inexto203 | ||
November 2016 | COP 7—Parties urged not to consider tobacco industry proposals or assistance on T&T. Requests ITP expert panel to report at next COP182 | Two trademarks for Codentify, covering Switzerland and the EU member states, are transferred to Inexto112–114; | |
June 2017 | First meeting of ITP expert panel196 | ||
September 2017 | Consultation on draft implementing regulation on technical standards for T&T system168 | PMI IMPACT funds 32 projects and many led by organisations with previous TI links159 |