UNTC

STATUS AS AT : 18-04-2024 09:15:34 EDT

CHAPTER IX

HEALTH

4 . WHO Framework Convention on Tobacco Control

Geneva, 21 May 2003

Entry into force

27 February 2005, in accordance with article 36(1) "1. This Convention shall enter into force on the ninetieth day following the date of deposit of the fortieth instrument of ratification, acceptance, approval, formal confirmation or accession with the Depositary. 2. For each State that 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 ninetieth day following the date of deposit of its instrument of ratification, acceptance, approval or accession. 3. For each regional economic integration organization depositing an instrument of formal confirmation or an instrument of accession 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 ninetieth day following the date of its depositing of the instrument of formal confirmation or of accession. 4. For the purposes of this Article, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by States Members of the organization.".

Registration

27 February 2005, No. 41032

Status

Signatories : 168. Parties : 183

Text

United Nations, Treaty Series , vol. 2302, p. 166.

Note

The above Convention was adopted during the 56th World Health Assembly, which took place from 19 to 28 May 2003, at the Palais des Nations, Geneva. It was opened for signature by all Members of the World Health Organization, or Members of the United Nations, and by regional economic integration organizations from 16 June 2003 to 22 June 2003 at the World Health Organization Headquarters in Geneva, and remains open for signature at United Nations Headquarters in New York from 30 June 2003 to 29 June 2004.

Participant	Signature	Ratification, Acceptance(A), Approval(AA), Formal confirmation(c), Accession(a), Succession(d)
Afghanistan	29 Jun 2004	13 Aug 2010
Albania	29 Jun 2004	26 Apr 2006
Algeria	20 Jun 2003	30 Jun 2006
Andorra		11 May 2020 a
Angola	29 Jun 2004	20 Sep 2007
Antigua and Barbuda	28 Jun 2004	5 Jun 2006
Argentina	25 Sep 2003
Armenia		29 Nov 2004 a
Australia ¹	5 Dec 2003	27 Oct 2004
Austria	28 Aug 2003	15 Sep 2005
Azerbaijan		1 Nov 2005 a
Bahamas	29 Jun 2004	3 Nov 2009
Bahrain		20 Mar 2007 a
Bangladesh	16 Jun 2003	14 Jun 2004
Barbados	28 Jun 2004	3 Nov 2005
Belarus	17 Jun 2004	8 Sep 2005
Belgium	22 Jan 2004	1 Nov 2005
Belize	26 Sep 2003	15 Dec 2005
Benin	18 Jun 2004	3 Nov 2005
Bhutan	9 Dec 2003	23 Aug 2004
Bolivia (Plurinational State of)	27 Feb 2004	15 Sep 2005
Bosnia and Herzegovina		10 Jul 2009 a
Botswana	16 Jun 2003	31 Jan 2005
Brazil	16 Jun 2003	3 Nov 2005
Brunei Darussalam	3 Jun 2004	3 Jun 2004
Bulgaria	22 Dec 2003	7 Nov 2005
Burkina Faso	22 Dec 2003	31 Jul 2006
Burundi	16 Jun 2003	22 Nov 2005
Cabo Verde	17 Feb 2004	4 Oct 2005
Cambodia	25 May 2004	15 Nov 2005
Cameroon	13 May 2004	3 Feb 2006
Canada	15 Jul 2003	26 Nov 2004
Central African Republic	29 Dec 2003	7 Nov 2005
Chad	22 Jun 2004	30 Jan 2006
Chile	25 Sep 2003	13 Jun 2005
China ²	10 Nov 2003	11 Oct 2005
Colombia		10 Apr 2008 a
Comoros	27 Feb 2004	24 Jan 2006
Congo	23 Mar 2004	6 Feb 2007
Cook Islands	14 May 2004	14 May 2004
Costa Rica	3 Jul 2003	21 Aug 2008
Côte d'Ivoire	24 Jul 2003	13 Aug 2010
Croatia	2 Jun 2004	14 Jul 2008
Cuba	29 Jun 2004
Cyprus	24 May 2004	26 Oct 2005
Czech Republic	16 Jun 2003	1 Jun 2012
Democratic People's Republic of Korea	17 Jun 2003	27 Apr 2005
Democratic Republic of the Congo	28 Jun 2004	28 Oct 2005
Denmark ³	16 Jun 2003	16 Dec 2004
Djibouti	13 May 2004	31 Jul 2005
Dominica	29 Jun 2004	24 Jul 2006
Ecuador	22 Mar 2004	25 Jul 2006
Egypt	17 Jun 2003	25 Feb 2005
El Salvador	18 Mar 2004	21 Jul 2014
Equatorial Guinea		17 Sep 2005 a
Estonia	8 Jun 2004	27 Jul 2005
Eswatini	29 Jun 2004	13 Jan 2006
Ethiopia	25 Feb 2004	25 Mar 2014
European Union	16 Jun 2003	30 Jun 2005 c
Fiji	3 Oct 2003	3 Oct 2003
Finland	16 Jun 2003	24 Jan 2005
France	16 Jun 2003	19 Oct 2004 AA
Gabon	22 Aug 2003	20 Feb 2009
Gambia	16 Jun 2003	18 Sep 2007
Georgia	20 Feb 2004	14 Feb 2006
Germany	24 Oct 2003	16 Dec 2004
Ghana	20 Jun 2003	29 Nov 2004
Greece	16 Jun 2003	27 Jan 2006
Grenada	29 Jun 2004	14 Aug 2007
Guatemala	25 Sep 2003	16 Nov 2005
Guinea	1 Apr 2004	7 Nov 2007
Guinea-Bissau		7 Nov 2008 a
Guyana		15 Sep 2005 a
Haiti	23 Jul 2003
Honduras	18 Jun 2004	16 Feb 2005
Hungary	16 Jun 2003	7 Apr 2004
Iceland	16 Jun 2003	14 Jun 2004
India	10 Sep 2003	5 Feb 2004
Iran (Islamic Republic of)	16 Jun 2003	6 Nov 2005
Iraq	29 Jun 2004	17 Mar 2008
Ireland	16 Sep 2003	7 Nov 2005
Israel	20 Jun 2003	24 Aug 2005
Italy	16 Jun 2003	2 Jul 2008
Jamaica	24 Sep 2003	7 Jul 2005
Japan	9 Mar 2004	8 Jun 2004 A
Jordan	28 May 2004	19 Aug 2004
Kazakhstan	21 Jun 2004	22 Jan 2007
Kenya	25 Jun 2004	25 Jun 2004
Kiribati	27 Apr 2004	15 Sep 2005
Kuwait	16 Jun 2003	12 May 2006
Kyrgyzstan	18 Feb 2004	25 May 2006
Lao People's Democratic Republic	29 Jun 2004	6 Sep 2006
Latvia	10 May 2004	10 Feb 2005
Lebanon	4 Mar 2004	7 Dec 2005
Lesotho	23 Jun 2004	14 Jan 2005
Liberia	25 Jun 2004	15 Sep 2009
Libya	18 Jun 2004	7 Jun 2005
Lithuania	22 Sep 2003	16 Dec 2004
Luxembourg	16 Jun 2003	30 Jun 2005
Madagascar	24 Sep 2003	22 Sep 2004
Malawi		18 Aug 2023 a
Malaysia	23 Sep 2003	16 Sep 2005
Maldives	17 May 2004	20 May 2004
Mali	23 Sep 2003	19 Oct 2005
Malta	16 Jun 2003	24 Sep 2003
Marshall Islands	16 Jun 2003	8 Dec 2004
Mauritania	24 Jun 2004	28 Oct 2005
Mauritius	17 Jun 2003	17 May 2004
Mexico	12 Aug 2003	28 May 2004
Micronesia (Federated States of)	28 Jun 2004	18 Mar 2005
Mongolia	16 Jun 2003	27 Jan 2004
Montenegro ⁴		23 Oct 2006 d
Morocco	16 Apr 2004
Mozambique	18 Jun 2003	14 Jul 2017
Myanmar	23 Oct 2003	21 Apr 2004
Namibia	29 Jan 2004	7 Nov 2005
Nauru		29 Jun 2004 a
Nepal	3 Dec 2003	7 Nov 2006
Netherlands (Kingdom of the)	16 Jun 2003	27 Jan 2005 A
New Zealand ⁵	16 Jun 2003	27 Jan 2004
Nicaragua	7 Jun 2004	9 Apr 2008
Niger	28 Jun 2004	25 Aug 2005
Nigeria	28 Jun 2004	20 Oct 2005
Niue	18 Jun 2004	3 Jun 2005
North Macedonia		30 Jun 2006 a
Norway	16 Jun 2003	16 Jun 2003 AA
Oman		9 Mar 2005 a
Pakistan	18 May 2004	3 Nov 2004
Palau	16 Jun 2003	12 Feb 2004
Panama	26 Sep 2003	16 Aug 2004
Papua New Guinea	22 Jun 2004	25 May 2006
Paraguay	16 Jun 2003	26 Sep 2006
Peru	21 Apr 2004	30 Nov 2004
Philippines	23 Sep 2003	6 Jun 2005
Poland	14 Jun 2004	15 Sep 2006
Portugal	9 Jan 2004	8 Nov 2005 AA
Qatar	17 Jun 2003	23 Jul 2004
Republic of Korea	21 Jul 2003	16 May 2005
Republic of Moldova	29 Jun 2004	3 Feb 2009
Romania	25 Jun 2004	27 Jan 2006
Russian Federation		3 Jun 2008 a
Rwanda	2 Jun 2004	19 Oct 2005
Samoa	25 Sep 2003	3 Nov 2005
San Marino	26 Sep 2003	7 Jul 2004
Sao Tome and Principe	18 Jun 2004	12 Apr 2006
Saudi Arabia	24 Jun 2004	9 May 2005
Senegal	19 Jun 2003	27 Jan 2005
Serbia	28 Jun 2004	8 Feb 2006
Seychelles	11 Sep 2003	12 Nov 2003
Sierra Leone		22 May 2009 a
Singapore	29 Dec 2003	14 May 2004
Slovakia	19 Dec 2003	4 May 2004
Slovenia	25 Sep 2003	15 Mar 2005
Solomon Islands	18 Jun 2004	10 Aug 2004
South Africa	16 Jun 2003	19 Apr 2005
Spain	16 Jun 2003	11 Jan 2005
Sri Lanka	23 Sep 2003	11 Nov 2003
St. Kitts and Nevis	29 Jun 2004	21 Jun 2011
St. Lucia	29 Jun 2004	7 Nov 2005
St. Vincent and the Grenadines	14 Jun 2004	29 Oct 2010
Sudan	10 Jun 2004	31 Oct 2005
Suriname	24 Jun 2004	16 Dec 2008
Sweden	16 Jun 2003	7 Jul 2005
Switzerland	25 Jun 2004
Syrian Arab Republic	11 Jul 2003	22 Nov 2004
Tajikistan		21 Jun 2013 a
Thailand	20 Jun 2003	8 Nov 2004
Timor-Leste	25 May 2004	22 Dec 2004
Togo	12 May 2004	15 Nov 2005
Tonga	25 Sep 2003	8 Apr 2005
Trinidad and Tobago	27 Aug 2003	19 Aug 2004
Tunisia	22 Aug 2003	7 Jun 2010
Türkiye	28 Apr 2004	31 Dec 2004
Turkmenistan		13 May 2011 a
Tuvalu	10 Jun 2004	26 Sep 2005
Uganda	5 Mar 2004	20 Jun 2007
Ukraine	25 Jun 2004	6 Jun 2006
United Arab Emirates	24 Jun 2004	7 Nov 2005
United Kingdom of Great Britain and Northern Ireland ⁶	16 Jun 2003	16 Dec 2004
United Republic of Tanzania	27 Jan 2004	30 Apr 2007
United States of America	10 May 2004
Uruguay ¹	19 Jun 2003	9 Sep 2004
Uzbekistan		15 May 2012 a
Vanuatu	22 Apr 2004	16 Sep 2005
Venezuela (Bolivarian Republic of)	22 Sep 2003	27 Jun 2006
Viet Nam	3 Sep 2003	17 Dec 2004
Yemen	20 Jun 2003	22 Feb 2007
Zambia		23 May 2008 a
Zimbabwe		4 Dec 2014 a

Declarations

(Unless otherwise indicated, the objections were made upon
ratification, acceptance, approval, formal confirmation or accession.)

Azerbaijan

Declarations:

"The Republic of Azerbaijan declares that none of the rights, obligations and provisions set out in the Convention shall be applied by the Republic of Azerbaijan in respect of the Republic of Armenia.
In accordance with paragraph 2 of Article 27 of the Convention, the Republic of Azerbaijan declares that, where any disputes arising between the Republic of Azerbaijan and any Party concerning the implementation and interpretation of the Convention can not be settled by negotiations and other diplomatic means, according to paragraph 1 of the above-mentioned Article such disputes shall be settled through arbitration.”

Belgium

Declaration made upon signature:

This signature also engages the French community, Flemish community and German-speaking community, the Waloon region, the Flemish region and the Brussels-capital region.

Declaration made upon ratification:

The Kingdom of Belgium declares that, for a dispute not resolved in accordance with paragraph 1 of Article 27 of the Convention, it accepts, as compulsory, ad hoc arbitration in accordance with procedures to be adopted by consensus by the Conference of the Parties.

Brazil

Declarations:

With respect to matters relating to the support for economically viable alternative activities to tobacco, proposed by the Framework Convention for Tobacco Control of the World Health Organization, adopted by the World Health Assembly on 21 May 2003, Brazil makes the following interpretative declaration:

       Brazil declares that, in the context of preambular paragraphs 15 and 16, and of Articles 4 (6), 17 and 26 (3) of the Framework Convention for Tobacco Control of the World Health Organization, there is no prohibition to the production of tobacco or restriction to national policies of support for farmers currently dedicated to this activity.
       In addition, Brazil declares it to be imperative that the Convention be an effective instrument for the international mobilization of technical and financial resources in order to help developing countries to make economic alternatives to the agricultural production of tobacco viable, as part of their national strategies for sustainable development.
       Lastly, Brazil also declares that it will not support any proposal with a view to utilizing the Framework Convention for Tobacco Control of the World Health Organization as an instrument for discriminatory practices to free trade.

China

Declaration:

In accordance with the provision of Article 16, paragraph 5.....the People's Republic of China indicates hereby its commitment to prohibit the introduction of tobacco vending machines within its jurisdiction.

Czech Republic ¹

Interpretative declaration:

“The Czech Republic makes the following interpretative declaration to the Convention:

       The Czech Republic welcomes international cooperation in the field of tobacco control aimed at strengthening public health protection.
       The Czech Republic declares that it does not consider guidelines adopted by the Conference of the Parties as instruments directly establishing legal obligations under the Convention.
       The Czech Republic declares that it will not support any future proposals amending the Convention or relating to its Protocols which would be in contradiction with the constitutional principles of the Czech Republic as well as commitments arising from its membership in the European Union and from international agreements on free trade to which the Czech Republic has acceded.
       The Czech Republic also declares that it considers Article 5 (3) a provision not affecting the right to non-discriminatory treatment of the tobacco industry by the Parties and thus permitting the necessary extent of cooperation with the tobacco industry as regards tobacco control.”

Estonia

Declaration:

"In accordance with article 16, paragraph 5 of the Convention, the Republic of Estonia indicates its commitment to a total ban on tobacco vending machines within its jurisdiction.

European Union

Interpretative declaration made upon signature and confirmed upon formal confirmation:

"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 tobacco advertising, promotion and sponsorship may make use of the provision enshrined in Article 13(3) of the Framework Convention on Tobacco Control to accommodate regulations so as to respect national constitutional constraints."

Upon formal confirmation:

Declaration:

       "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 the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008) (OJ L 271, 9.10.2002, p. 1).
       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, 16.32004, p.8).
       Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.0.1992, 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)."

Guatemala

Upon signature :

Declaration:

With respect to Article 21 1(e) and (4) of the World Health Organization Framework Convention on Tobacco Control, adopted by the United Nations General Assembly on May 21, 2003, that the Republic of Guatemala makes the following interpretative declaration:

The Republic of Guatemala declares that it interprets, in the context of Article 21 1(e) and (4) of the Convention, that the implementation of Article 13 4(d) of the Convention, concerning disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet prohibited, will be subject to national law regarding confidentiality and privacy.

Upon ratification :

Declaration:

The Republic of Guatemala declares that its interpretation, in the context of Article 21.1 (e) (4) of the Convention, is that the implementation of Article 13.4 (d) of the Convention, concerning disclosure to relevant governmental authorities of expenditures by the tobacco industry on advertising, promotion and sponsorship not yet prohibited, will be subject to national law regarding confidentiality and privacy.

Syrian Arab Republic

Declaration:

Accession of the Syrian Arab Republic to the said Convention does not, in any way, imply recognition of Israel, nor shall it lead to entry into any dealings with the Israel in the matters governed by the provisions of the Convention.

Viet Nam

Declaration:

"Any dispute arising between the Socialist Republic of Viet Nam and any other Parties to the Convention concerning the implementation or application of the Convention, which is not resolved through negotiation or any other peaceful means in accordance with paragraph 1, article 27 thereof, shall be referred to arbitration for settlement, only on the basis of agreement between the Socialist Republic of Viet Nam and such parties, on the basis of case by case."

Objections

(Unless otherwise indicated, the objections were made upon
ratification, acceptance, approval, formal confirmation or accession.)

Israel

With regard to the declaration made by the Syrian Arab Republic upon ratification:
       "The Government of the State of Israel has noted that the instrument of ratification of the Syrian Arab Republic of the abovementioned Convention [...] contains a declaration with respect to the State of Israel.
       The Government of the State of Israel considers that such declaration, which is explicitly of a political nature, is incompatible with the purposes and objectives of the Convention.
       The Government of Israel therefore objects to the aforesaid declaration made by the Syrian Arab Republic."

End Note

1.The Secretary-General received the following communications relating to the interpretative declaration made by the Czech Republic upon ratification:

Uruguay (17 July 2012)

“The Government of Uruguay acknowledges receipt of the Depositary Notification on the interpretative declaration made by the Czech Republic when acceding the Framework Convention on Tobacco Control of the World Health Organization on 1 June 2012.

In this regard, the Government of Uruguay would like to state that such interpretative declaration cannot be deemed to be a reservation, expressly prohibited under article 30 of the FCTC, nor can it be considered to exempt any Party of its obligations under the Convention.

Article 5.3 of the FCTC expressly states that ‘Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law’.

Uruguay wishes to remind States Parties of the Guidelines for implementation of Article 5.3 of the FCTC, which state that ‘there is a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests’.”

Czech Republic (10 January 2013)

“On the Communication of Uruguay to the Interpretative Declaration of the Czech Republic to the Framework Convention on Tobacco Control (FCTC) Concerning Article 5(3) FCTC

When depositing the FCTC ratification instrument, the Czech Republic made an Interpretative Declaration to the FCTC. This Declaration is solely of an interpretative nature and the Czech Republic thereby raised no reservations against the text of the FCTC; under Article 30 of the FCTC this is not even possible. Under no circumstances the Czech Republic, by means of this act, challenges the obligations imposed on the Parties by the FCTC.

On Article 5(3) of the FCTC the Czech Republic declares that it ‘considers Article 5(3) a provision not affecting the right to non-discriminatory treatment of the tobacco industry by the Parties and thus permitting the necessary extent of cooperation with the tobacco industry as regards tobacco control’. This statement was made to alleviate certain concerns and possibly misunderstandings, which some Czech competent authorities expressed regarding the interpretation of Article 5(3). Some public administration tasks require limited contact with the tobacco industry, such as consultations with all relevant subjects concerned, including tobacco industry, while preparing a regulatory impact assessment of a new legislation related to tobacco products regulation, performance of reporting and control tasks, etc.

After all, a certain level of interaction of the Parties to the FCTC with the tobacco industry is mentioned also by the Guidelines for implementation of Article 5(3) - Principle No. 2 ‘Establish measures to limit interactions with the tobacco industry and ensure the transparency of those interactions that occur.’ The Declaration thus corresponds with Recommendation No. 2.1 under this Principle, according to which ‘the parties should interact with the tobacco industry only when and to the extent strictly necessary to enable them to effectively regulate the tobacco industry and tobacco products.’

Naturally, all necessary interactions are done in full awareness of the fundamental and irreconcilable conflict between the interests of the tobacco industry and the interests of the public health protection. It should also be stressed that the word ‘cooperation’ used in the Czech Interpretative Declaration should be interpreted as not exceeding the sense of the ‘interaction’ which is mentioned in the Guidelines for implementation of Article 5(3).”

Australia (5 January 2015)

“WHEREAS the Minister for Foreign Affairs of the Government of Australia has approved the lodgement of an Interpretative Declaration ('Declaration') in relation to the text of an Interpretative Declaration lodged by the Czech Republic on its ratification on 1 June 2012 of the WHO Framework

Convention on Tobacco Control done at Geneva on 21 May 2003 [2005] ATS 7('Convention') which entered into force for Australia on 27 February 2005;

NOW THEREFORE THESE PRESENTS CERTIFY that Australia's Declaration with regard to the Declaration lodged by the Czech Republic upon its ratification of the Convention on 1 June 2012 isas follows:

1. Australia declares that the Convention does not recognise any 'right to non-discriminatory treatment of the tobacco industry'.

2. Australia recognises that Article 5.3 (General obligations) of the Convention requires the Parties to act to protect their tobacco control policies from commercial and other vested interests of the tobacco industry in accordance with national law.

3. Australia declares its understanding that Parties to the Convention should interact with the tobacco industry only when and to the extent strictly necessary to enable them to effectively regulate the tobacco industry and tobacco products, and should ensure that any such interactions are conducted transparently.”

Czech Republic (8 July 2016)

“On the Communication of Australia to the Interpretative Declaration of the Czech Republic to the Framework Convention on Tobacco Control (‘Convention’) concerning Article 5.3 of the Convention

First, the Czech Republic confirms that it has taken note of the Communication of Australia to the Interpretative Declaration made by the Czech Republic to Framework Convention on Tobacco Control (‘Convention’) concerning Article 5.3 (General obligations) of the Convention.

In response, the Czech Republic refers to its previous Communication on the related Communication of Uruguay 2, where the reasons for the Interpretative Declaration of the Czech Republic in respect of Article 5.3 of the Convention are fully explained.

With regard to point No. 1 of the Communication of Australia, the Czech Republic emphasizes its awareness of the fact that the Convention does not recognize any “right to non-discriminatory treatment of the tobacco industry”. The purpose of the Interpretative Declaration made by the Czech Republic is to confirm that at the same time the Convention does not prohibit the “non-discriminatory treatment of the tobacco industry” and thereby maintains, within the commitments made in the Convention, the possibility of certain level of interaction with the tobacco industry.

Finally, the current national legislative and other initiatives related to the prevention of tobacco use may be considered as evidence of the immense effort of the Czech Republic in promoting tobacco control and the implementation of the Convention including its Article 5.3.”

2.On 11 October 2005, the Government of China informed the Secretary-General of the following:

In accordance with the provision of article 153 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and article 138 of the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Government of the People’s Republic of China decides that the WHO Framework Convention on Tobacco Control and the declaration made by the People’s Republic of China on the prohibition of the introduction of tobacco vending machines shall apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People’s Republic of China.

3.With the following territorial exclusion:

.....the Convention does not until further notice apply to the Faroe Islands and Greenland.

4.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.

5.With the following territorial exclusion:

"... consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this ratification shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory."

6.On 7 November 2019, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that its ratification of the Convention would extend to the territories of Guernsey and the Bailiwick of Jersey, as follows:

“…the Government of the United Kingdom of Great Britain and Northern Ireland hereby extends the application of the United Kingdom's ratification of the Convention to Guernsey and the Bailiwick of Jersey, for whose international relations the United Kingdom is responsible.

The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Convention to Guernsey and the Bailiwick of Jersey to take effect on the date of deposit of this notification…”

On 29 June 2020, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that its ratification of the Convention would extend to the territory of Gibraltar, as follows:

“… the Government of the United Kingdom of Great Britain and Northern Ireland hereby extends to the territory of Gibraltar, for the international relations of which the United Kingdom is responsible, the application of the United Kingdom's ratification of, firstly, the Convention and, secondly, the Protocol.

The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Convention and the Protocol to the territory of Gibraltar will take effect on the date of deposit of this notification.”

On 14 March 2023, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that its ratification of the Convention would extend to the territory of the Cayman Islands, as follows:

“… the Government of the United Kingdom of Great Britainand Northern Ireland hereby extends the United Kingdom’s ratification of the Convention to the territory of the Cayman Islands, for the international relations of which the United Kingdom is responsible.

The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the Convention to the territory of the Cayman Islands shall take effect on the date of deposit of this notification.”