# Council Decision of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit            Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, as regards its provisions            on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation            (2013/744/EU)         

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U.K.

# Council Decision

# of 9 December 2013

# on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World                        Health Organisation’s Framework Convention on Tobacco Control, as regards its provisions on obligations related to judicial                        cooperation in criminal matters, the definition of criminal offences, and police cooperation                     

# (2013/744/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(1), Article 83 and Article                           87(2), in conjunction with Article 218(5), thereof,                        

Having regard to the proposal from the European Commission,

Whereas:

(1)On 22 October 1999, the Council authorised the Commission to negotiate, in the context of the World Health Organisation (WHO),                              a Framework Convention on Tobacco Control (FCTC) and related protocols. This authorisation was amended by the Council on 21                              April 2001 and, on 20 December 2007, in relation to the Protocol to Eliminate Illicit Trade in Tobacco Products (‘the Protocol’).                              Negotiations were conducted by the Commission within the terms of the negotiating directives adopted by the Council and were                              successfully finalised by the adoption of the Protocol at the fifth Conference of the Parties to the WHO FCTC on 12 November                              2012, in Seoul, Republic of Korea.

(2)The conclusion of the FCTC was approved on behalf of the Community by Council Decision 2004/513/EC(1), which is a condition for the European Union’s becoming a Party to the Protocol.

(3)The Protocol represents a significant contribution to the international efforts to eliminate all forms of illicit trade in                              tobacco products, which constitutes an essential component of tobacco control.

(4)The Protocol sets out obligations for the contracting parties related to judicial cooperation in criminal matters, the definition                              of criminal offences, and police cooperation. As a consequence, those provisions fall within the scope of Title V of Part                              Three of the Treaty on the Functioning of the European Union.

[X1(5)To the extent that the Protocol covers matters that fall within the Union's competence, the Protocol should be signed on behalf                                 of the Union, subject to its conclusion at a later date.

(6)The Union's signing of the Protocol in respect of the obligations which relate to the area of freedom, security and justice                                 is without prejudice to the full and detailed declaration of competences to be agreed upon conclusion of the Protocol. The                                 Union will not be exercising shared competence. The Member States retain the ability to exercise their competence in the areas                                 covered by the Protocol which do not affect common rules or alter the scope of such rules.]

(7)In accordance with Articles 1 and 2 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of                              the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of                              the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption                              of this Decision and are not bound by it or subject to its application.

(8)In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union                              and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and                              is not bound by it or subject to its application.

(9)A separate decision(2) relating to the signing, on behalf of the Union, of the Protocol, with the exception of its provisions on obligations related                              to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation, is to be adopted                              in parallel to this Decision,

HAS ADOPTED THIS DECISION:

Editorial Information

X1Substituted by Corrigendum to Council Decision 2013/744/EU of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol                                 to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control,                                 as regards its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences,                                 and police cooperation (Official Journal of the European Union L 333 of 12 December 2013).

# Article 1U.K.

The signing of the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control,                     as regards its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences,                     and police cooperation, is hereby authorised subject to the conclusion of the said Protocol(3).                  

# Article 2U.K.

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the                     Union, as regards its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal                     offences, and police cooperation.                  

# Article 3U.K.

This Decision shall enter into force on the day following that of its publication in the *Official Journal of the European Union*.                  

1

Council Decision 2004/513/EC of 2 June 2004 concerning the conclusion of the WHO Framework Convention on Tobacco Control (OJ L 213, 15.6.2004, p. 8).                           

2

Council Decision 2013/745/EU of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate                              Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, with the exception                              of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences,                              and police cooperation (see page 75 of this Official Journal).                           

3

The text of the Protocol will be published together with the decision on its conclusion.