2004/513/EC:Council Decision of 2 June 2004 concerning the conclusion of the WHO Framework Convention on Tobacco Control
Date: 2004-06-15
Institutions: Council of the European Union
Subjects: World Health Organisation, international convention, smoking

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COUNCIL DECISION

of 2 June 2004

concerning the conclusion of the WHO Framework Convention on Tobacco Control

(2004/513/EC)

order to carry out together the obligations laid down in
the Convention and exercise together the rights it confers
in cases of shared competence in order to guarantee
uniform application of the Convention,

HAS DECIDED AS FOLLOWS:

Article 1

The WHO Framework Convention on Tobacco Control
hereby approved on behalf of the Community.

is

The text of the Convention is attached to this Decision as
Annex I.

Article 2

The President of the Council is hereby authorised to designate
the person empowered to deposit on behalf of the European
Community the act of approval provided for in Article 35 of
the Convention,
the
in order
the declaration
Community to be bound and to make
contained in Annex II to this Decision, together with the inter-
pretative declaration set out in Annex III to this Decision.

the consent of

to express

Done at Luxembourg, 2 June 2004.

For the Council
The President

M. MARTIN

THE COUNCIL OF THE EUROPEAN UNION,

establishing the European
Having regard to the Treaty
Community, and in particular Articles 95, 133 and 152,
in
conjunction with the first sentence of the first subparagraph
of Article 300(2) and the first subparagraph of Article 300(3)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

The Commission has negotiated on behalf of
the
Framework Convention on Tobacco
Community a
Control under the auspices of the World Health Organi-
sation (WHO).

This Convention was signed, on behalf of the European
Community, on 16 June 2003 subject to its possible
conclusion at a later date,
in accordance with the
Decision by the Council on 2 June 2003.

This Convention should be approved.

Both the Community and its Member States have
competence in the areas covered by the Convention. It
is therefore desirable for the Community and its Member
States simultaneously to become Contracting Parties in

(1) Opinion delivered on 21 April 2004 (not yet published in the

Official Journal).

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ANNEX I

WHO Framework Convention on Tobacco Control

THE PARTIES TO THIS CONVENTION,

DETERMINED to give priority to their right to protect public health,

RECOGNISING that the spread of the tobacco epidemic is a global problem with serious consequences for public health
that calls for the widest possible international cooperation and the participation of all countries in an effective, appro-
priate and comprehensive international response,

REFLECTING the concern of the international community about the devastating worldwide health, social, economic and
environmental consequences of tobacco consumption and exposure to tobacco smoke,

SERIOUSLY CONCERNED about the increase in the worldwide consumption and production of cigarettes and other
tobacco products, particularly in developing countries, as well as about the burden this places on families, on the poor,
and on national health systems,

RECOGNISING that scientific evidence has unequivocally established that tobacco consumption and exposure to tobacco
smoke cause death, disease and disability, and that there is a time lag between the exposure to smoking and the other
uses of tobacco products and the onset of tobacco-related diseases,

RECOGNISING also that cigarettes and some other products containing tobacco are highly engineered so as to create and
maintain dependence, and that many of the compounds they contain and the smoke they produce are pharmacologically
active, toxic, mutagenic and carcinogenic, and that tobacco dependence is separately classified as a disorder in major
international classifications of diseases,

ACKNOWLEDGING that there is clear scientific evidence that prenatal exposure to tobacco smoke causes adverse health
and developmental conditions for children,

DEEPLY CONCERNED about the escalation in smoking and other forms of tobacco consumption by children and
adolescents worldwide, particularly smoking at increasingly early ages,

ALARMED by the increase in smoking and other forms of tobacco consumption by women and young girls worldwide
and keeping in mind the need for full participation of women at all levels of policy making and implementation and the
need for gender-specific tobacco control strategies,

DEEPLY CONCERNED about the high levels of smoking and other forms of tobacco consumption by indigenous peoples,

SERIOUSLY CONCERNED about the impact of all forms of advertising, promotion and sponsorship aimed at encouraging
the use of tobacco products,

RECOGNISING that cooperative action is necessary to eliminate all forms of illicit trade in cigarettes and other tobacco
products, including smuggling, illicit manufacturing and counterfeiting,

ACKNOWLEDGING that tobacco control at all
levels and particularly in developing countries and in countries with
economies in transition requires sufficient financial and technical resources commensurate with the current and projected
need for tobacco control activities,

RECOGNISING the need to develop appropriate mechanisms to address the long-term social and economic implications
of successful tobacco demand reduction strategies,

MINDFUL of the social and economic difficulties that tobacco control programmes may engender in the medium and
long term in some developing countries and countries with economies in transition, and recognising their need for
technical and financial assistance in the context of nationally developed strategies for sustainable development,

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CONSCIOUS of the valuable work being conducted by many States on tobacco control and commending the leadership
of the World Health Organisation as well as the efforts of other organisations and bodies of the United Nations system
and other international and regional intergovernmental organisations in developing measures on tobacco control,

EMPHASISING the special contribution of nongovernmental organisations and other members of civil society not
affiliated with the tobacco industry,
including health professional bodies, women's, youth, environmental and
consumer groups, and academic and health care institutions, to tobacco control efforts nationally and internationally
and the vital importance of their participation in national and international tobacco control efforts,

RECOGNISING the need to be alert to any efforts by the tobacco industry to undermine or subvert tobacco control
efforts and the need to be informed of activities of the tobacco industry that have a negative impact on tobacco control
efforts,

RECALLING Article 12 of the International Covenant on Economic, Social and Cultural Rights, adopted by the United
Nations General Assembly on 16 December 1966, which states that it is the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health,

RECALLING also the preamble to the Constitution of the World Health Organisation, which states that the enjoyment of
the highest attainable standard of health is one of the fundamental rights of every human being without distinction of
race, religion, political belief, economic or social condition,

DETERMINED to promote measures of tobacco control based on current and relevant scientific, technical and economic
considerations,

RECALLING that the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the
United Nations General Assembly on 18 December 1979, provides that States Parties to that Convention shall take
appropriate measures to eliminate discrimination against women in the field of health care,

RECALLING further that the Convention on the Rights of the Child, adopted by the United Nations General Assembly on
20 November 1989, provides that States Parties to that Convention recognise the right of the child to the enjoyment of
the highest attainable standard of health,

HAVE AGREED AS FOLLOWS:

PART I

INTRODUCTION

Article 1

Use of terms

For the purposes of this Convention:

(a)

‘illicit trade’ means any practice or conduct prohibited by
law and which relates to production, shipment, receipt,
possession, distribution, sale or purchase including any
practice or conduct intended to facilitate such activity;

(b) ‘regional economic integration organisation’ means an orga-
nisation that is composed of several sovereign states, and to
which its Member States have transferred competence over a
range of matters, including the authority to make decisions
binding on its Member States in respect of those matters (1);

(1) Where appropriate, national will refer equally to regional economic

integration organisations.

(c)

‘tobacco advertising and promotion’ means any form of
commercial communication,
recommendation or action
likely effect of promoting a
with the aim, effect or
tobacco product or tobacco use either directly or indirectly;

(d) ‘tobacco control’ means a range of supply, demand and
harm reduction strategies that aim to improve the health
their
of
to
consumption of
tobacco smoke;

reducing
and exposure

a population by

tobacco products

eliminating or

(e)

‘tobacco industry’ means tobacco manufacturers, wholesale
distributors and importers of tobacco products;

(f)

‘tobacco products’ means products entirely or partly made
of the leaf tobacco as raw material which are manufactured
to be used for smoking, sucking, chewing or snuffing;

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(g)

‘tobacco sponsorship’ means any form of contribution to
any event, activity or individual with the aim, effect or likely
effect of promoting a tobacco product or tobacco use either
directly or indirectly.

2. Strong political commitment is necessary to develop and
levels,
and coordinated

support, at the national, regional and international
comprehensive multisectoral measures
responses, taking into consideration:

Article 2

(a)

the need to take measures to protect all persons from
exposure to tobacco smoke;

Relationship

between

this Convention

and

other

agreements and legal instruments

In order

1.
to better protect human health, Parties are
encouraged to implement measures beyond those required by
this Convention and its protocols, and nothing in these
instruments
shall prevent a Party from imposing stricter
requirements that are consistent with their provisions and are
in accordance with international law.

agreements,

2.
The provisions of the Convention and its protocols shall
in no way affect the right of Parties to enter into bilateral or
multilateral
subregional
agreements, on issues relevant or additional to the Convention
and its protocols, provided that such agreements are compatible
with their obligations under the Convention and its protocols.
The Parties concerned shall communicate such agreements to
the Conference of the Parties through the Secretariat.

including regional or

PART II

OBJECTIVE, GUIDING PRINCIPLES AND
GENERAL OBLIGATIONS

Article 3

Objective

The objective of this Convention and its protocols is to protect
present and future generations from the devastating health,
social, environmental and economic consequences of tobacco
consumption and exposure to tobacco smoke by providing a
framework for tobacco control measures to be implemented by
the Parties at the national, regional and international levels in
order to reduce continually and substantially the prevalence of
tobacco use and exposure to tobacco smoke.

Article 4

Guiding principles

To achieve the objective of this Convention and its protocols
and to implement its provisions, the Parties shall be guided, inter
alia, by the principles set out below:

1. Every person should be informed of the health consequences,
addictive nature and mortal
threat posed by tobacco
consumption and exposure to tobacco smoke and effective
legislative, executive, administrative or other measures should
be contemplated at the appropriate governmental
level to
protect all persons from exposure to tobacco smoke.

(b) the need to take measures to prevent the initiation, to
promote and support cessation, and to decrease the
consumption of tobacco products in any form;

(c)

the need to take measures to promote the participation
of indigenous individuals and communities in the devel-
opment,
tobacco
implementation and evaluation of
control programmes
that are socially and culturally
appropriate to their needs and perspectives; and

(d) the need to take measures to address gender-specific risks

when developing tobacco control strategies.

3. International cooperation, particularly transfer of technology,
knowledge and financial assistance and provision of related
to establish and implement effective tobacco
expertise,
control
consideration local
into
culture, as well as social, economic, political and legal
factors, is an important part of the Convention.

programmes,

taking

4. Comprehensive multisectoral measures and responses to
reduce
consumption of
the
all
national, regional and international
levels are essential so
in accordance with public health principles,
as to prevent,
the incidence of diseases, premature disability and mortality
due to tobacco consumption and exposure to tobacco
smoke.

tobacco products

at

5. Issues relating to liability, as determined by each Party within
its jurisdiction, are an important part of comprehensive
tobacco control.

6. The importance of technical and financial assistance to aid
the economic transition of tobacco growers and workers
whose livelihoods are seriously affected as a consequence
of
in developing country
Parties, as well as Parties with economies in transition,
should be recognised and addressed in the context of
nationally developed strategies for sustainable development.

tobacco control programmes

7. The participation of civil society is essential in achieving the

objective of the Convention and its protocols.

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Article 5

General obligations

consumption by various
particular young persons.

segments of

the population,

in

1.
Each Party shall develop, implement, periodically update
tobacco
and review comprehensive multisectoral national
control strategies, plans and programmes in accordance with
this Convention and the protocols to which it is a Party.

Towards this end, each Party shall, in accordance with its

2.
capabilities:

(a) establish or reinforce and finance a national coordinating

mechanism or focal points for tobacco control; and

(b) adopt and implement effective legislative, executive, admin-
istrative and/or other measures and cooperate, as appro-
appropriate
priate, with other
policies for preventing and reducing tobacco consumption,
nicotine addiction and exposure to tobacco smoke.

in developing

Parties

3.
In setting and implementing their public health policies
with respect to tobacco control, Parties shall act to protect these
policies from commercial and other vested interests of
the
tobacco industry in accordance with national law.

4.
The Parties shall cooperate in the formulation of proposed
measures, procedures and guidelines for the implementation of
the Convention and the protocols to which they are Parties.

The

shall

Parties

appropriate, with
cooperate,
5.
competent international and regional intergovernmental organi-
sations and other bodies to achieve the objectives of
the
Convention and the protocols to which they are Parties.

as

6.
The Parties shall, within means and resources at their
disposal, cooperate to raise financial resources for effective
implementation of the Convention through bilateral and multi-
lateral funding mechanisms.

PART III

MEASURES RELATING TO THE REDUCTION OF DEMAND FOR
TOBACCO

Article 6

Price and tax measures to reduce the demand for tobacco

1.
effective

The Parties recognise that price and tax measures are an
tobacco

important means

reducing

and

of

2. Without prejudice to the sovereign right of the Parties to
determine and establish their
taxation policies, each Party
should take account of its national health objectives concerning
tobacco control
appropriate,
and adopt or maintain,
measures which may include:

as

(a) implementing tax policies and, where appropriate, price
policies, on tobacco products so as to contribute to the
health objectives aimed at reducing tobacco consumption;
and

(b) prohibiting or restricting, as appropriate, sales to and/or
importations by international travellers of tax- and duty-
free tobacco products.

3.
The Parties shall provide rates of taxation for tobacco
products and trends in tobacco consumption in their periodic
in accordance with
reports to the Conference of the Parties,
Article 21.

Article 7

Non price measures to reduce the demand for tobacco

The Parties recognise that comprehensive non-price measures
are an effective and important means of reducing tobacco
consumption. Each Party shall adopt and implement effective
legislative, executive, administrative or other measures necessary
to implement its obligations pursuant to Articles 8 to 13 and
shall cooperate, as appropriate, with each other directly or
through competent international bodies with a view to their
implementation. The Conference of the Parties shall propose
appropriate guidelines for the implementation of the provisions
of these Articles.

Article 8

Protection from exposure to tobacco smoke

1.
Parties recognise that scientific evidence has unequivocally
established that exposure to tobacco smoke causes death,
disease and disability.

2.
Each Party shall adopt and implement in areas of existing
national jurisdiction as determined by national law and actively
promote at other jurisdictional levels the adoption and imple-
mentation of effective legislative, executive, administrative and/
or other measures, providing for protection from exposure to
tobacco smoke in indoor workplaces, public transport, indoor
public places and, as appropriate, other public places.

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Article 9

(iii) shall be large, clear, visible and legible;

Regulation of the contents of tobacco products

The Conference of the Parties, in consultation with competent
international bodies, shall propose guidelines for testing and
measuring the contents and emissions of
tobacco products,
and for the regulation of these contents and emissions. Each
Party shall, where approved by competent national authorities,
adopt and implement effective legislative, executive and admin-
istrative or other measures for such testing and measuring, and
for such regulation.

Article 10

Regulation of tobacco product disclosures

Each Party shall, in accordance with its national law, adopt and
implement effective legislative, executive, administrative or other
measures requiring manufacturers and importers of
tobacco
products to disclose to governmental authorities information
about the contents and emissions of tobacco products. Each
Party shall further adopt and implement effective measures for
public disclosure of information about the toxic constituents of
the tobacco products and the emissions that they may produce.

Article 11

Packaging and labelling of tobacco products

Each Party shall, within a period of three years after entry
that Party, adopt and
law, effective

in accordance with its national

this Convention for

1.
into force of
implement,
measures to ensure that:

(a)

tobacco product packaging and labelling do not promote a
tobacco product by any means that are false, misleading,
deceptive or likely to create an erroneous impression about
its characteristics, health effects, hazards or emissions,
including any term, descriptor,
figurative or
any other sign that directly or indirectly creates the false
impression that a particular tobacco product is less harmful
than other tobacco products. These may include terms such
as ‘low tar’, ‘light’, ‘ultra-light’ or ‘mild’; and

trademark,

(b) each unit packet and package of tobacco products and any
outside packaging and labelling of such products also carry
health warnings describing the harmful effects of tobacco
use, and may include other appropriate messages. These
warnings and messages:

(i)

shall be approved by the competent national authority;

(iv) should be 50 % or more of the principal display areas
but shall be no less than 30 % of the principal display
areas;

(v) may be in the
pictograms.

form of or

include pictures or

2.
Each unit packet and package of tobacco products and
any outside packaging and labelling of such products shall, in
addition to the warnings specified in paragraph 1(b) of this
Article, contain information on relevant constituents and
emissions of tobacco products as defined by national autho-
rities.

Each Party shall require that

the warnings and other
3.
textual information specified in paragraphs 1(b) and paragraph
2 of this Article will appear on each unit packet and package of
tobacco products and any outside packaging and labelling of
such products in its principal language or languages.

For

the purposes of

the term ‘outside
4.
packaging and labelling’
in relation to tobacco products
applies to any packaging and labelling used in the retail sale
of the product.

this Article,

Article 12

Education, communication, training and public awareness

Each Party shall promote and strengthen public awareness of
tobacco control issues, using all available communication tools,
as appropriate. Towards this end, each Party shall adopt and
implement effective legislative, executive, administrative or other
measures to promote:

(a) broad access to effective and comprehensive educational and
public awareness programmes on the health risks including
the addictive characteristics of tobacco consumption and
exposure to tobacco smoke;

(b) public

about

awareness

tobacco
consumption and exposure to tobacco smoke, and about
the benefits of the cessation of tobacco use and tobacco-
free lifestyles as specified in Article 14(2);

the health risks of

(ii)

shall be rotating;

(c) public access,

law, to a wide
in accordance with national
range of information on the tobacco industry as relevant to
the objective of this Convention;

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(d) effective and appropriate training or

sensitisation and
awareness programmes on tobacco control addressed to
persons
community workers,
social workers, media professionals, educators, decision-
makers, administrators and other concerned persons;

such as health workers,

(b) require that health or other appropriate warnings or
messages accompany all tobacco advertising and, as appro-
priate, promotion and sponsorship;

(e) awareness and participation of public and private agencies
and nongovernmental organisations not affiliated with the
tobacco industry in developing and implementing inter-
sectoral programmes and strategies for tobacco control; and

(f) public awareness of and access to information regarding the
adverse health, economic, and environmental consequences
of tobacco production and consumption.

Article 13

Tobacco advertising, promotion and sponsorship

1.
Parties recognise that a comprehensive ban on advertising,
promotion and sponsorship would reduce the consumption of
tobacco products.

Each Party shall,

2.
in accordance with its constitution or
constitutional principles, undertake a comprehensive ban of
all tobacco advertising, promotion and sponsorship. This shall
include, subject to the legal environment and technical means
available to that Party, a comprehensive ban on cross-border
advertising, promotion and sponsorship originating from its
territory. In this respect, within the period of five years after
entry into force of this Convention for that Party, each Party
shall undertake appropriate legislative, executive, administrative
and/or other measures and report accordingly in conformity
with Article 21.

3.
A Party that is not in a position to undertake a compre-
hensive ban due to its constitution or constitutional principles
shall apply restrictions on all tobacco advertising, promotion
and sponsorship. This shall include, subject to the legal envir-
onment and technical means available to that Party, restrictions
or a comprehensive ban on advertising, promotion and spon-
sorship originating from its territory with cross-border effects.
In this respect, each Party shall undertake appropriate legislative,
executive, administrative and/or other measures and report
accordingly in conformity with Article 21.

As a minimum, and in accordance with its constitution or

4.
constitutional principles, each Party shall:

(c) restrict

that
encourage the purchase of tobacco products by the public;

the use of direct or

incentives

indirect

(d) require,

if

it does not have a comprehensive ban,

the
disclosure to relevant governmental authorities of expen-
ditures by the tobacco industry on advertising, promotion
and sponsorship not yet prohibited. Those authorities may
decide to make those figures available, subject to national
law, to the public and to the Conference of the Parties,
pursuant to Article 21;

(e) undertake a comprehensive ban or, in the case of a Party
that is not in a position to undertake a comprehensive ban
due to its constitution or constitutional principles, restrict
tobacco advertising, promotion and sponsorship on radio,
television, print media and, as appropriate, other media,
such as the internet, within a period of five years; and

(f) prohibit, or in the case of a Party that is not in a position to
prohibit due to its constitution or constitutional principles
restrict,
events,
tobacco sponsorship of
activities and/or participants therein.

international

Parties are encouraged to implement measures beyond the

5.
obligations set out in paragraph 4.

6.
Parties shall cooperate in the development of technologies
and other means necessary to facilitate the elimination of cross-
border advertising.

Parties which have a ban on certain forms of tobacco
7.
advertising, promotion and sponsorship have the sovereign
right to ban those forms of cross-border tobacco advertising,
promotion and sponsorship entering their territory and to
impose equal penalties as those applicable to domestic adver-
tising, promotion and sponsorship originating from their
territory in accordance with their national law. This paragraph
does not endorse or approve of any particular penalty.

(a) prohibit all forms of tobacco advertising, promotion and
sponsorship that promote a tobacco product by any
means that are false, misleading or deceptive or likely to
create an erroneous impression about
its characteristics,
health effects, hazards or emissions;

Parties shall consider the elaboration of a protocol setting
8.
out appropriate measures
require international colla-
that
boration for a comprehensive ban on cross border advertising,
promotion and sponsorship.

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Article 14

Demand reduction measures concerning tobacco
dependence and cessation

Each Party shall develop and disseminate appropriate,
1.
comprehensive and integrated guidelines based on scientific
evidence and best practices,
taking into account national
circumstances and priorities, and shall take effective measures
to promote cessation of tobacco use and adequate treatment for
tobacco dependence.

2.

Towards this end, each Party shall endeavour to:

(a) design and implement effective programmes aimed at
promoting the cessation of tobacco use, in such locations
as educational institutions, health care facilities, workplaces
and sporting environments;

assist

law and relevant bilateral or multilateral
with national
agreements,
the point of
diversion and monitor, document and control the movement
of tobacco products and their legal status. In addition, each
Party shall:

in determining

Parties

(a) require that unit packets and packages of tobacco products
for retail and wholesale use that are sold on its domestic
‘Sales only allowed in (insert
market carry the statement:
name of the country, subnational, regional or federal unit)’
or carry any other effective marking indicating the final
destination or which would assist authorities in determining
whether the product is legally for sale on the domestic
market; and

(b) consider, as appropriate, developing a practical tracking and
tracing regime that would further secure the distribution
system and assist in the investigation of illicit trade.

(b) include diagnosis and treatment of tobacco dependence and
counselling services on cessation of tobacco use in national
health and education programmes, plans and strategies, with
the participation of health workers, community workers and
social workers as appropriate;

Each Party shall require that the packaging information or
this Article shall be
in its principal

3.
marking specified in paragraph 2 of
presented in legible form and/or appear
language or languages.

(c) establish in health care facilities and rehabilitation centres
programmes for diagnosing, counselling, preventing and
treating tobacco dependence; and

4. With a view to eliminating illicit
products, each Party shall:

trade in tobacco

(d) collaborate with other Parties to facilitate accessibility and
affordability for treatment of tobacco dependence including
pharmaceutical products pursuant
to Article 22. Such
products and their constituents may include medicines,
products used to administer medicines and diagnostics
when appropriate.

(a) monitor and collect data on cross-border trade in tobacco
including illicit trade, and exchange information
products,
among customs, tax and other authorities, as appropriate,
and in accordance with national law and relevant applicable
bilateral or multilateral agreements;

PART IV

MEASURES RELATING TO THE REDUCTION OF THE SUPPLY
OF TOBACCO

Article 15

Illicit trade in tobacco products

The Parties recognise that the elimination of all forms of
1.
illicit
illicit
trade in tobacco products,
manufacturing and counterfeiting, and the development and
in addition to sub-
implementation of related national
regional,
essential
global
components of tobacco control.

including smuggling,

agreements,

regional

law,

and

are

2.
Each Party shall adopt and implement effective legislative,
executive, administrative or other measures to ensure that all
unit packets and packages of tobacco products and any outside
packaging of such products are marked to assist Parties in
determining the origin of tobacco products, and in accordance

(b) enact or strengthen legislation, with appropriate penalties
trade in tobacco products,
illicit

and remedies, against
including counterfeit and contraband cigarettes;

(c)

take appropriate steps to ensure that all confiscated manu-
facturing equipment, counterfeit and contraband cigarettes
and other tobacco products are destroyed, using environ-
mentally-friendly methods where feasible, or disposed of in
accordance with national law;

(d) adopt and implement measures to monitor, document and
control the storage and distribution of tobacco products
held or moving under
taxes or duties
within its jurisdiction; and

suspension of

(e) adopt measures as appropriate to enable the confiscation of
proceeds derived from the illicit trade in tobacco products.

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Information collected pursuant to subparagraphs 4(a) and
5.
4(d) of
this Article shall, as appropriate, be provided in
aggregate form by the Parties in their periodic reports to the
Conference of the Parties, in accordance with Article 21.

The Parties recognise that in order to increase their effec-
4.
tiveness, measures to prevent tobacco product sales to minors
should, where appropriate, be implemented in conjunction with
other provisions contained in this Convention.

6.
The Parties shall, as appropriate and in accordance with
national law, promote cooperation between national agencies,
as well as relevant regional and international intergovernmental
organisations as it relates to investigations, prosecutions and
proceedings, with a view to eliminating illicit trade in tobacco
products. Special emphasis shall be placed on cooperation at
regional and subregional levels to combat illicit trade of tobacco
products.

5. When signing, ratifying, accepting, approving or acceding
to the Convention or at any time thereafter, a Party may, by
means of a binding written declaration, indicate its commitment
tobacco vending machines
to prohibit
within its jurisdiction or, as appropriate, to a total ban on
tobacco vending machines. The declaration made pursuant to
this Article shall be circulated by the Depositary to all Parties to
the Convention.

the introduction of

Each Party shall endeavour

to adopt and implement
7.
to
further measures including licensing, where appropriate,
control or regulate the production and distribution of tobacco
products in order to prevent illicit trade.

6.
Each Party shall adopt and implement effective legislative,
executive, administrative or other measures, including penalties
against sellers and distributors, in order to ensure compliance
with the obligations contained in paragraphs 1 to 5 of this
Article.

Article 16

Sales to and by minors

Each Party should, as appropriate, adopt and implement
7.
effective legislative, executive, administrative or other measures
to prohibit the sales of tobacco products by persons under the
age set by domestic law, national law or 18.

1.
Each Party shall adopt and implement effective legislative,
executive, administrative or other measures at the appropriate
government level to prohibit the sales of tobacco products to
persons under the age set by domestic law, national law or 18.
These measures may include:

(a)

requiring that all sellers of tobacco products place a clear
and prominent indicator inside their point of sale about
the prohibition of tobacco sales to minors and, in case of
doubt, request that each tobacco purchaser provide appro-
priate evidence of having reached full legal age;

(b) banning the sale of tobacco products in any manner by
which they are directly accessible, such as store shelves;

(c) prohibiting the manufacture and sale of sweets, snacks,
tobacco

in the form of

toys or any other objects
products which appeal to minors; and

(d)

ensuring that tobacco vending machines under its juris-
diction are not accessible to minors and do not promote
the sale of tobacco products to minors.

Each Party shall prohibit or promote the prohibition of
free tobacco products to the public and

2.
the distribution of
especially minors.

Each Party shall endeavour

3.
the sale of
cigarettes individually or in small packets which increase the
affordability of such products to minors.

to prohibit

Article 17

Provision of support for economically viable alternative
activities

shall,

in cooperation with each other

Parties
and with
competent international and regional intergovernmental organi-
sations, promote, as appropriate, economically viable alter-
natives for tobacco workers, growers and, as the case may be,
individual sellers.

PART V

PROTECTION OF THE ENVIRONMENT

Article 18

Protection of the environment and the health of persons

In carrying out their obligations under this Convention, the
Parties agree to have due regard to the protection of the envir-
onment and the health of persons in relation to the envir-
tobacco cultivation and manufacture
in respect of
onment
within their respective territories.

PART VI

QUESTIONS RELATED TO LIABILITY

Article 19

Liability

For the purpose of

1.
the Parties shall
consider taking legislative action or promoting their existing
laws, where necessary, to deal with criminal and civil liability,
including compensation where appropriate.

tobacco control,

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Parties shall cooperate with each other in exchanging
in

2.
information through the Conference of
accordance with Article 21 including:

Parties

the

(a)

information on the health effects of the consumption of
tobacco products and exposure to tobacco smoke in
accordance with Article 20(3)(a); and

(b) information on legislation and regulations in force as well

as pertinent jurisprudence.

limits of national

The Parties shall, as appropriate and mutually agreed,
3.
within the
legal
practices and applicable existing treaty arrangements, afford
one another assistance in legal proceedings relating to civil
and criminal liability consistent with this Convention.

legislation, policies,

4.
The Convention shall in no way affect or limit any rights
of access of the Parties to each other's courts where such rights
exist.

international

taking account of

The Conference of the Parties may consider, if possible, at
5.
the work being done in
an early stage,
relevant
to liability
including appropriate international approaches to these issues
and appropriate means to support, upon request, the Parties in
their legislative and other activities in accordance with this
Article.

forums,

related

issues

PART VII

SCIENTIFIC AND TECHNICAL COOPERATION AND COMMUNI-
CATION OF INFORMATION

Article 20

Research, surveillance and exchange of information

The Parties undertake to develop and promote national
the
at
tobacco

1.
research and to coordinate
regional and international
control. Towards this end, each Party shall:

research programmes
in the field of

levels

(a)

initiate and cooperate in, directly or through competent
international and regional
intergovernmental organisations
and other bodies, the conduct of research and scientific
assessments, and in so doing promote and encourage
research that addresses the determinants and consequences
of tobacco consumption and exposure to tobacco smoke as
well as research for identification of alternative crops; and

(b) promote and strengthen, with the support of competent
intergovernmental organisations
for all
those
including research,

international and regional
and other bodies,
engaged in tobacco control activities,
implementation and evaluation.

training and support

and

determinants

The Parties shall establish, as appropriate, programmes for
2.
the magnitude,
national, regional and global surveillance of
patterns,
tobacco
consequences
consumption and exposure to tobacco smoke. Towards this
surveillance
end,
programmes
health
surveillance programmes so that data are comparable and can
be analysed at the regional and international levels, as appro-
priate.

integrate
regional

tobacco
and

into national,

should

Parties

global

the

of

Parties recognise the importance of financial and technical
3.
intergovernmental
assistance from international and regional
organisations and other bodies. Each Party shall endeavour to:

(a) establish progressively a national system for the epidemio-
tobacco consumption and related

logical surveillance of
social, economic and health indicators;

(b) cooperate with competent international and regional inter-
including
governmental organisations and other bodies,
in regional
governmental and nongovernmental agencies,
and global
infor-
mation on the indicators specified in paragraph 3(a) of
this Article; and

tobacco surveillance and exchange of

(c) cooperate with the World Health Organisation in the devel-
opment of general guidelines or procedures for defining the
tobacco-related
collection, analysis and dissemination of
surveillance data.

The Parties shall, subject to national

4.
law, promote and
facilitate the exchange of publicly available scientific, technical,
socioeconomic, commercial and legal
information, as well as
information regarding practices of the tobacco industry and
the cultivation of tobacco, which is relevant to this Convention,
and in so doing shall take into account and address the special
needs of developing country Parties and Parties with economies
in transition. Each Party shall endeavour to:

(a) progressively establish and maintain an updated database of
laws and regulations on tobacco control and, as appropriate,
information about their enforcement, as well as pertinent
jurisprudence,
in the development of
programmes for regional and global tobacco control;

and cooperate

(b) progressively establish and maintain updated data from
in accordance with

surveillance programmes

national
paragraph 3(a) of this Article; and

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(c) cooperate with competent

international organisations to
progressively establish and maintain a global system to
regularly collect and disseminate information on tobacco
production, manufacture and the activities of the tobacco
industry which have an impact on the Convention or
national tobacco control activities.

The reporting and exchange of

information under the
4.
Convention shall be subject to national law regarding confiden-
tiality and privacy. The Parties shall protect, as mutually agreed,
any confidential information that is exchanged.

Parties should cooperate in regional and international
5.
intergovernmental organisations and financial and development
institutions of which they are members,
to promote and
encourage provision of
technical and financial resources to
the Secretariat to assist developing country Parties and Parties
with economies in transition to meet their commitments on
research, surveillance and exchange of information.

Article 21

Reporting and exchange of information

Each Party shall submit to the Conference of the Parties,
1.
through the Secretariat, periodic reports on its implementation
of this Convention, which should include the following:

(a)

information on legislative, executive, administrative or other
measures taken to implement the Convention;

(b) information, as appropriate, on any constraints or barriers
encountered in its implementation of the Convention, and
on the measures taken to overcome these barriers;

(c)

information, as appropriate, on financial and technical
assistance provided or received for tobacco control activities;

(d) information on surveillance and research as specified in

Article 20; and

(e)

information specified in Articles 6(3), 13(2), 13(3), 13(4)(d),
15(5) and 19(2).

2.
The frequency and format of such reports by all Parties
shall be determined by the Conference of the Parties. Each Party
shall make its initial report within two years of the entry into
force of the Convention for that Party.

3.
The Conference of the Parties, pursuant to Articles 22 and
26, shall consider arrangements to assist developing country
Parties and Parties with economies
their
request, in meeting their obligations under this Article.

in transition, at

Article 22

Cooperation in the scientific, technical, and legal fields and
provision of related expertise

1.
The Parties shall cooperate directly or through competent
international bodies to strengthen their capacity to fulfil the
obligations arising from this Convention, taking into account
the needs of developing country Parties and Parties with
economies in transition. Such cooperation shall promote the
transfer of technical, scientific and legal expertise and tech-
as mutually agreed,
nology,
to establish and strengthen
tobacco control strategies, plans and programmes
national
aiming at, inter alia:

(a)

facilitation of the development, transfer and acquisition of
technology, knowledge, skills, capacity and expertise related
to tobacco control;

(b) provision of technical, scientific, legal and other expertise to
establish and strengthen national tobacco control strategies,
plans and programmes, aiming at implementation of the
Convention through, inter alia:

(i)

assisting, upon request, in the development of a strong
legislative foundation as well as technical programmes,
including those on prevention of initiation, promotion
of cessation and protection from exposure to tobacco
smoke;

(ii) assisting, as appropriate, tobacco workers in the devel-
opment of appropriate economically and legally viable
viable
alternative
manner; and

in an economically

livelihoods

(iii) assisting, as appropriate, tobacco growers in shifting
in an

agricultural production to alternative crops
economically viable manner;

(c) support

for

sensitisation
programmes for appropriate personnel in accordance with
Article 12;

appropriate

training

or

(d) provision,

as

appropriate, of

the necessary material,
equipment and supplies, as well as logistical support, for
tobacco control strategies, plans and programmes;

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(e)

identification of methods for tobacco control,
comprehensive treatment of nicotine addiction; and

including

(c) promote, as appropriate, the development, implementation
and evaluation of strategies, plans, and programmes, as well
as policies, legislation and other measures;

(f) promotion, as appropriate, of
comprehensive

affordability of
addiction.

research to increase the
treatment of nicotine

The Conference of the Parties shall promote and facilitate
2.
transfer of technical, scientific and legal expertise and tech-
nology with the financial support secured in accordance with
Article 26.

(d) consider reports submitted by the Parties in accordance with
Article 21 and adopt regular reports on the implementation
of the Convention;

(e) promote

and facilitate

the mobilisation of

resources for the implementation of
accordance with Article 26;

financial
the Convention in

PART VIII

(f) establish such subsidiary bodies as are necessary to achieve

INSTITUTIONAL ARRANGEMENTS AND FINANCIAL
RESOURCES

Article 23

Conference of the Parties

1.
A Conference of the Parties is hereby established. The first
session of the Conference shall be convened by the World
Health Organisation not later than one year after the entry
into force of this Convention. The Conference will determine
the venue and timing of subsequent regular sessions at its first
session.

2.
Extraordinary sessions of the Conference of the Parties
shall be held at such other times as may be deemed necessary
the written request of any Party,
by the Conference, or at
provided that, within six months of the request being commu-
nicated to them by the Secretariat of the Convention,
it is
supported by at least one-third of the Parties.

The Conference of the Parties shall adopt by consensus its

3.
Rules of Procedure at its first session.

The Conference of the Parties shall by consensus adopt
4.
financial rules for itself as well as governing the funding of any
subsidiary bodies it may establish as well as financial provisions
governing the functioning of the Secretariat. At each ordinary
session, it shall adopt a budget for the financial period until the
next ordinary session.

5.
The Conference of the Parties shall keep under regular
review the implementation of the Convention and take the
decisions necessary to promote its effective implementation
and may adopt protocols, annexes and amendments to the
Convention,
in accordance with Articles 28, 29 and 33.
Towards this end, it shall:

the objective of the Convention;

(g) request, where appropriate, the services and cooperation of,
and information provided by, competent and relevant orga-
nisations and bodies of
the United Nations system and
other international and regional intergovernmental organi-
sations and nongovernmental organisations and bodies as a
the
the
means of
Convention; and

implementation of

strengthening

(h) consider other action, as appropriate, for the achievement of
the objective of the Convention in the light of experience
gained in its implementation.

The Conference of the Parties shall establish the criteria

6.
for the participation of observers at its proceedings.

Article 24

Secretariat

1.
The Conference of the Parties shall designate a permanent
secretariat and make arrangements for its functioning. The
Conference of the Parties shall endeavour to do so at its first
session.

Until such time as a permanent secretariat is designated
functions under this Convention

2.
and established, secretariat
shall be provided by the World Health Organisation.

3.

Secretariat functions shall be:

(a)

to make arrangements for sessions of the Conference of the
Parties and any subsidiary bodies and to provide them with
services as required;

(a) promote and facilitate the exchange of information pursuant

to Articles 20 and 21;

(b) to transmit
Convention;

reports

received by it pursuant

to the

(b) promote

the

and

guide

development

periodic
refinement of comparable methodologies for research and
the collection of data, in addition to those provided for in
Article 20,
the
Convention;

implementation of

relevant

to the

and

(c)

to provide support to the Parties, particularly developing
country Parties and Parties with economies in transition,
on request, in the compilation and communication of infor-
mation required in accordance with the provisions of the
Convention;

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(d) to prepare reports on its activities under the Convention
under the guidance of the Conference of the Parties and
submit them to the Conference of the Parties;

5.

The Parties agree that:

(e)

(f)

to ensure, under the guidance of the Conference of the
the necessary coordination with the competent
Parties,
international and regional
intergovernmental organisations
and other bodies;

to enter, under the guidance of
the
Parties, into such administrative or contractual arrangements
as may be required for
its
functions; and

the effective discharge of

the Conference of

(g) to perform other secretariat

functions specified by the
Convention and by any of its protocols and such other
functions as may be determined by the Conference of the
Parties.

Article 25

Relations between the Conference of the Parties and inter-
governmental organisations

In order to provide technical and financial cooperation for
achieving the objective of this Convention, the Conference of
the Parties may request the cooperation of competent interna-
tional and regional
intergovernmental organisations including
financial and development institutions.

Article 26

Financial resources

1.
The Parties recognise the important role that
resources play in achieving the objective of this Convention.

financial

Each Party shall provide financial support in respect of its
the
in accordance with its national plans, priorities

2.
national activities intended to achieve the objective of
Convention,
and programmes.

3.
Parties shall promote, as appropriate, the utilisation of
bilateral, regional, subregional and other multilateral channels
to provide funding for the development and strengthening of
multisectoral comprehensive tobacco control programmes of
developing country Parties and Parties with economies in tran-
sition. Accordingly, economically viable alternatives to tobacco
production, including crop diversification should be addressed
and supported in the context of nationally developed strategies
of sustainable development.

4.
Parties represented in relevant regional and international
intergovernmental organisations, and financial and development
institutions shall encourage these entities to provide financial
assistance for developing country Parties and for Parties with
economies in transition to assist them in meeting their obli-
gations under the Convention, without limiting the rights of
participation within these organisations.

(a)

to assist Parties in meeting their obligations under the
Convention, all relevant potential and existing resources,
financial, technical, or otherwise, both public and private
that are available for tobacco control activities, should be
mobilised and utilised for the benefit of all Parties, especially
developing countries and countries with economies in tran-
sition;

(b) the Secretariat shall advise developing country Parties and
Parties with economies in transition, upon request, on
available sources of funding to facilitate the implementation
of their obligations under the Convention;

(c)

the Conference of the Parties in its first session shall review
existing and potential sources and mechanisms of assistance
based on a study conducted by the Secretariat and other
relevant information, and consider their adequacy; and

(d) the results of this review shall be taken into account by the
Conference of the Parties in determining the necessity to
enhance existing mechanisms or to establish a voluntary
global fund or other appropriate financial mechanisms to
channel
to
developing country Parties and Parties with economies in
transition to assist them in meeting the objectives of the
Convention.

as needed,

additional

resources,

financial

PART IX

SETTLEMENT OF DISPUTES

Article 27

Settlement of disputes

1.
In the event of a dispute between two or more Parties
concerning the interpretation or application of this Convention,
the Parties concerned shall seek through diplomatic channels a
settlement of
the dispute through negotiation or any other
including good offices,
peaceful means of their own choice,
mediation, or conciliation. Failure to reach agreement by good
offices, mediation or conciliation shall not absolve parties to the
dispute from the responsibility of continuing to seek to resolve
it.

2. When ratifying, accepting, approving, formally confirming
or acceding to the Convention, or at any time thereafter, a State
or regional economic integration organisation may declare in
writing to the Depositary that, for a dispute not resolved in
accordance with paragraph 1 of
it accepts, as
compulsory, ad hoc arbitration in accordance with procedures
to be adopted by consensus by the Conference of the Parties.

this Article,

3.
The provisions of this Article shall apply with respect to
any protocol as between the parties to the protocol, unless
otherwise provided therein.

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PART X

DEVELOPMENT OF THE CONVENTION

Article 28

Amendments to this Convention

1.
Any Party may propose amendments to this Convention.
Such amendments will be considered by the Conference of the
Parties.

2.
Amendments to the Convention shall be adopted by the
Conference of the Parties. The text of any proposed amendment
to the Convention shall be communicated to the Parties by the
Secretariat at least six months before the session at which it is
proposed for adoption. The Secretariat shall also communicate
proposed amendments to the signatories of the Convention
and, for information, to the Depositary.

The Parties shall make every effort to reach agreement by
3.
consensus on any proposed amendment to the Convention. If
all efforts at consensus have been exhausted, and no agreement
reached, the amendment shall as a last resort be adopted by a
three-quarters majority vote of the Parties present and voting at
the session. For purposes of this Article, Parties present and
voting means Parties present and casting an affirmative or
negative vote. Any adopted amendment shall be communicated
by the Secretariat to the Depositary, who shall circulate it to all
Parties for acceptance.

4.
Instruments of acceptance in respect of an amendment
shall be deposited with the Depositary. An amendment
adopted in accordance with paragraph 3 of this Article shall
enter into force for those Parties having accepted it on the
ninetieth day after the date of receipt by the Depositary of an
instrument of acceptance by at least two-thirds of the Parties to
the Convention.

5.
The amendment shall enter into force for any other Party
on the ninetieth day after the date on which that Party deposits
with the Depositary its instrument of acceptance of the said
amendment.

Article 29

Adoption and amendment of annexes to this Convention

Annexes to this Convention and amendments thereto
into force in

1.
shall be proposed, adopted and shall enter
accordance with the procedure set forth in Article 28.

2.
Annexes to the Convention shall form an integral part
thereof and, unless otherwise expressly provided, a reference
to the Convention constitutes at the same time a reference to
any annexes thereto.

Annexes shall be restricted to lists, forms and any other
3.
descriptive material relating to procedural, scientific, technical or
administrative matters.

PART XI

FINAL PROVISIONS

Article 30

Reservations

No reservations may be made to this Convention.

Article 31

Withdrawal

At any time after two years from the date on which this
1.
Convention has entered into force for a Party, that Party may
withdraw from the Convention by giving written notification to
the Depositary.

2.
Any such withdrawal shall take effect upon expiry of one
year from the date of receipt by the Depositary of the notifi-
cation of withdrawal, or on such later date as may be specified
in the notification of withdrawal.

Any Party that withdraws from the Convention shall be
to

3.
considered as also having withdrawn from any protocol
which it is a Party.

Article 32

Right to vote

Each Party to this Convention shall have one vote, except

1.
as provided for in paragraph 2 of this Article.

Regional economic integration organisations,

2.
in matters
within their competence, shall exercise their right to vote with
a number of votes equal to the number of their Member States
that are Parties to the Convention. Such an organisation shall
its Member States
not exercise its right
exercises its right, and vice versa.

to vote if any of

Article 33

Protocols

Any Party may propose protocols. Such proposals will be

1.
considered by the Conference of the Parties.

2.
The Conference of the Parties may adopt protocols to this
Convention. In adopting these protocols every effort shall be
made to reach consensus. If all efforts at consensus have been
exhausted, and no agreement reached, the protocol shall as a
last resort be adopted by a three-quarters majority vote of the
Parties present and voting at the session. For the purposes of
this Article, Parties present and voting means Parties present
and casting an affirmative or negative vote.

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The text of any proposed protocol shall be communicated
3.
to the Parties by the Secretariat at least six months before the
session at which it is proposed for adoption.

Article 36

Entry into force

Only Parties to the Convention may be parties to a

4.
protocol.

Any protocol to the Convention shall be binding only on
5.
in question. Only Parties to a
the parties to the protocol
protocol may take decisions on matters exclusively relating to
the protocol in question.

The requirements for entry into force of any protocol shall

6.
be established by that instrument.

Article 34

Signature

This Convention shall be open for signature by all Members of
the World Health Organisation and by any States that are not
Members of the World Health Organisation but are members of
the United Nations and by regional economic integration orga-
nisations at the World Health Organisation Headquarters in
Geneva from 16 June 2003 to 22 June 2003, and thereafter
at United Nations Headquarters in New York, from 30 June
2003 to 29 June 2004.

Article 35

Ratification, acceptance, approval, formal confirmation or
accession

to

be

shall

subject

This Convention

1.
ratification,
acceptance, approval or accession by States and to formal
confirmation or accession by regional economic integration
It shall be open for accession from the day
organisations.
after
closed for
signature.
ratification, acceptance, approval,
formal confirmation or accession shall be deposited with the
Depositary.

the date on which the Convention is

Instruments of

Any regional economic integration organisation which
2.
becomes a Party to the Convention without any of
its
Member States being a Party shall be bound by all the obli-
gations under the Convention.
In the case of those organi-
sations, one or more of whose Member States is a Party to
the Convention, the organisation and its Member States shall
decide on their respective responsibilities for the performance of
their obligations under the Convention. In such cases, the orga-
nisation and the Member States shall not be entitled to exercise
rights under the Convention concurrently.

relating to formal

Regional economic integration organisations shall, in their
3.
instruments
in their
instruments of accession, declare the extent of their competence
with respect to the matters governed by the Convention. These
organisations shall also inform the Depositary, who shall in turn
inform the Parties, of any substantial modification in the extent
of their competence.

confirmation or

This Convention shall enter into force on the 90th day
the fortieth instrument of
confirmation or

1.
following the date of deposit of
ratification,
approval,
accession with the Depositary.

acceptance,

formal

For each State that

2.
ratifies, accepts or approves the
Convention or accedes thereto after the conditions set out in
paragraph 1 of
this Article for entry into force have been
fulfilled, the Convention shall enter into force on the 90th
day following the date of deposit of its instrument of ratifi-
cation, acceptance, approval or accession.

For

economic

each regional

integration organisation
3.
an
confirmation or
depositing an instrument of
in
set out
instrument of accession after
paragraph 1 of
this Article for entry into force have been
fulfilled, the Convention shall enter into force on the 90th
day following the date of its depositing of the instrument of
formal confirmation or of accession.

formal
the

conditions

4.
For the purposes of this Article, any instrument deposited
by a regional economic integration organisation shall not be
counted as additional to those deposited by States Members
of the organisation.

Article 37

Depositary

The Secretary General of
the United Nations shall be the
Depositary of this Convention and amendments thereto and
of protocols and annexes adopted in accordance with Articles
28, 29 and 33.

Article 38

Authentic texts

The original of this Convention, of which the Arabic, Chinese,
English, French, Russian and Spanish texts are equally authentic,
shall be deposited with the Secretary-General of the United
Nations.

IN WITNESS WHEREOF the undersigned, being duly authorised to
that effect, have signed this Convention.

Done at Geneva, this twenty-first day of May two thousand and
three.

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ANNEX II

Declaration made by the European Community pursuant to Article 35(3) of the WHO Framework Convention
on Tobacco Control

The European Community declares that,
in accordance with the provisions of the Treaty establishing the European
Community, and in particular Articles 3(1)(p) and 152 thereof, it is competent to adopt measures, which complement
the national policies of its Member States, directed towards improving public health, preventing human illness and
diseases, and obviating sources of danger to human health.

The current members of the Community are the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the
Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic,
Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy
of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria,
the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland,
the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

Community competence exists in areas already covered by Community legislation. The Community acts listed below are
illustrative of the Community's sphere of competence in accordance with the provisions of the Treaty establishing the
European Community.

The exercise of competence that Member States have transferred to the Community by virtue of the Treaties is, by its very
nature, bound to continuously evolve. Therefore in this regard, the Community reserves its right to issue further
declarations in the future.

List of Community acts and programmes contributing to promoting tobacco control:

Council Directive 89/552/EC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation
or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 298,
17.10.1989, p. 23). Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ
L 202, 30.7.1997, p. 60).

Directive 2001/37/EC of the European Parliament and of the Council of 5 June 2001 on the approximation of the laws,
regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of
tobacco products (OJ L 194, 18.7.2001, p. 26).

Directive 2003/33/EC of 26 May 2003 of the European Parliament and of the Council on the approximation of the laws,
regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco
products (OJ L 152, 20.6.2003, p. 16).

Commission Decision 2003/641/EC of 5 September 2003 on the use of colour photographs or other illustrations as
health warnings on tobacco packages (OJ L 226, 10.9.2003, p. 24).

Decision No 1786/2002/EC of
programme of Community action in the field of public health (2003-2008) (OJ L 271, 9.10.2002, p. 1).

the European Parliament and of

the Council of 23 September 2002 adopting a

Commission Regulation (EC) No 2182/2002 of 6 December 2002 laying down detailed rules for the application of
Council Regulation (EEC) No 2075/92 with regard to the Community Tobacco Fund (OJ L 331, 7.12.2002, p. 16).
Regulation as amended by Regulation (EC) No 480/2004 (OJ L 78, 16.3.2004, p. 8).

Council Regulation (EEC)No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302,
19.10.1992, p. 1). Regulation as last amended by the 2003 Act of Accession.

Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the
Member States and cooperation between the latter and the Commission to ensure the correct application of the law on
customs and agricultural matters (OJ L 82, 22.3.1997, p 1). Regulation as amended by Regulation (EC) No 807/2003 (OJ
L 122, 16.5.2003, p. 36).

Council Regulation (EC) No 3295/94 of 22 December 1994 laying down measures to prohibit the release for free
circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods (OJ L 341, 30.12.1994,
p. 8) replaced from 1.7.2004 by Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action
against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods
found to have infringed such rights (OJ L 196, 2.8.2003, p. 7).

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ANNEX III

Interpretative declaration to be made by the Community
‘The Community and its Member States declare that a Member State of the European Community whose national
constitution or constitutional principles do not permit the introduction of a comprehensive ban on all tobacco adver-
tising, promotion and sponsorship may make use of the provision enshrined in Article 13(3) of the WHO Framework
Convention on Tobacco Control to accommodate regulations so as to respect national constitutional constraints.’