CHAPTER IX

HEALTH4WHO Framework Convention on Tobacco ControlGeneva, 21 May 2003Entry into force27 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.".Registration27 February 2005, No. 41032StatusSignatories168Parties176TextUnited Nations, <i>Treaty Series </i>, vol. 2302, p. 166.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.

ParticipantSignatureRatification, Acceptance(A), Approval(AA), Formal confirmation(c), Accession(a), Succession(d)Afghanistan29 Jun 2004 13 Aug 2010 Albania29 Jun 2004 26 Apr 2006 Algeria20 Jun 2003 30 Jun 2006 Angola29 Jun 2004 20 Sep 2007 Antigua and Barbuda28 Jun 2004 5 Jun 2006 Argentina25 Sep 2003 Armenia29 Nov 2004 aAustralia 5 Dec 2003 27 Oct 2004 Austria28 Aug 2003 15 Sep 2005 Azerbaijan 1 Nov 2005 aBahamas29 Jun 2004 3 Nov 2009 Bahrain20 Mar 2007 aBangladesh16 Jun 2003 14 Jun 2004 Barbados28 Jun 2004 3 Nov 2005 Belarus17 Jun 2004 8 Sep 2005 Belgium22 Jan 2004 1 Nov 2005 Belize26 Sep 2003 15 Dec 2005 Benin18 Jun 2004 3 Nov 2005 Bhutan 9 Dec 2003 23 Aug 2004 Bolivia (Plurinational State of)27 Feb 2004 15 Sep 2005 Bosnia and Herzegovina10 Jul 2009 aBotswana16 Jun 2003 31 Jan 2005 Brazil16 Jun 2003 3 Nov 2005 Brunei Darussalam 3 Jun 2004 3 Jun 2004 Bulgaria22 Dec 2003 7 Nov 2005 Burkina Faso22 Dec 2003 31 Jul 2006 Burundi16 Jun 2003 22 Nov 2005 Cambodia25 May 2004 15 Nov 2005 Cameroon13 May 2004 3 Feb 2006 Canada15 Jul 2003 26 Nov 2004 Cape Verde17 Feb 2004 4 Oct 2005 Central African Republic29 Dec 2003 7 Nov 2005 Chad22 Jun 2004 30 Jan 2006 Chile25 Sep 2003 13 Jun 2005 China<superscript>1</superscript>10 Nov 2003 11 Oct 2005 Colombia10 Apr 2008 aComoros27 Feb 2004 24 Jan 2006 Congo23 Mar 2004 6 Feb 2007 Cook Islands14 May 2004 14 May 2004 Costa Rica 3 Jul 2003 21 Aug 2008 Côte d'Ivoire24 Jul 2003 13 Aug 2010 Croatia 2 Jun 2004 14 Jul 2008 Cuba29 Jun 2004 Cyprus24 May 2004 26 Oct 2005 Czech Republic16 Jun 2003 1 Jun 2012 Democratic People's Republic of Korea17 Jun 2003 27 Apr 2005 Democratic Republic of the Congo28 Jun 2004 28 Oct 2005 Denmark<superscript>2</superscript>16 Jun 2003 16 Dec 2004 Djibouti13 May 2004 31 Jul 2005 Dominica29 Jun 2004 24 Jul 2006 Ecuador22 Mar 2004 25 Jul 2006 Egypt17 Jun 2003 25 Feb 2005 El Salvador18 Mar 2004 Equatorial Guinea17 Sep 2005 aEstonia 8 Jun 2004 27 Jul 2005 Ethiopia25 Feb 2004 European Union16 Jun 2003 30 Jun 2005 cFiji 3 Oct 2003 3 Oct 2003 Finland16 Jun 2003 24 Jan 2005 France16 Jun 2003 19 Oct 2004 AAGabon22 Aug 2003 20 Feb 2009 Gambia16 Jun 2003 18 Sep 2007 Georgia20 Feb 2004 14 Feb 2006 Germany24 Oct 2003 16 Dec 2004 Ghana20 Jun 2003 29 Nov 2004 Greece16 Jun 2003 27 Jan 2006 Grenada29 Jun 2004 14 Aug 2007 Guatemala25 Sep 2003 16 Nov 2005 Guinea 1 Apr 2004 7 Nov 2007 Guinea-Bissau 7 Nov 2008 aGuyana15 Sep 2005 aHaiti23 Jul 2003 Honduras18 Jun 2004 16 Feb 2005 Hungary16 Jun 2003 7 Apr 2004 Iceland16 Jun 2003 14 Jun 2004 India10 Sep 2003 5 Feb 2004 Iran (Islamic Republic of)16 Jun 2003 6 Nov 2005 Iraq29 Jun 2004 17 Mar 2008 Ireland16 Sep 2003 7 Nov 2005 Israel20 Jun 2003 24 Aug 2005 Italy16 Jun 2003 2 Jul 2008 Jamaica24 Sep 2003 7 Jul 2005 Japan 9 Mar 2004 8 Jun 2004 AJordan28 May 2004 19 Aug 2004 Kazakhstan21 Jun 2004 22 Jan 2007 Kenya25 Jun 2004 25 Jun 2004 Kiribati27 Apr 2004 15 Sep 2005 Kuwait16 Jun 2003 12 May 2006 Kyrgyzstan18 Feb 2004 25 May 2006 Lao People's Democratic Republic29 Jun 2004 6 Sep 2006 Latvia10 May 2004 10 Feb 2005 Lebanon 4 Mar 2004 7 Dec 2005 Lesotho23 Jun 2004 14 Jan 2005 Liberia25 Jun 2004 15 Sep 2009 Libya18 Jun 2004 7 Jun 2005 Lithuania22 Sep 2003 16 Dec 2004 Luxembourg16 Jun 2003 30 Jun 2005 Madagascar24 Sep 2003 22 Sep 2004 Malaysia23 Sep 2003 16 Sep 2005 Maldives17 May 2004 20 May 2004 Mali23 Sep 2003 19 Oct 2005 Malta16 Jun 2003 24 Sep 2003 Marshall Islands16 Jun 2003 8 Dec 2004 Mauritania24 Jun 2004 28 Oct 2005 Mauritius17 Jun 2003 17 May 2004 Mexico12 Aug 2003 28 May 2004 Micronesia (Federated States of)28 Jun 2004 18 Mar 2005 Mongolia16 Jun 2003 27 Jan 2004 Montenegro<superscript>3</superscript>23 Oct 2006 dMorocco16 Apr 2004 Mozambique18 Jun 2003 Myanmar23 Oct 2003 21 Apr 2004 Namibia29 Jan 2004 7 Nov 2005 Nauru29 Jun 2004 aNepal 3 Dec 2003 7 Nov 2006 Netherlands16 Jun 2003 27 Jan 2005 ANew Zealand<superscript>4</superscript>16 Jun 2003 27 Jan 2004 Nicaragua 7 Jun 2004 9 Apr 2008 Niger28 Jun 2004 25 Aug 2005 Nigeria28 Jun 2004 20 Oct 2005 Niue18 Jun 2004 3 Jun 2005 Norway16 Jun 2003 16 Jun 2003 AAOman 9 Mar 2005 aPakistan18 May 2004 3 Nov 2004 Palau16 Jun 2003 12 Feb 2004 Panama26 Sep 2003 16 Aug 2004 Papua New Guinea22 Jun 2004 25 May 2006 Paraguay16 Jun 2003 26 Sep 2006 Peru21 Apr 2004 30 Nov 2004 Philippines23 Sep 2003 6 Jun 2005 Poland14 Jun 2004 15 Sep 2006 Portugal 9 Jan 2004 8 Nov 2005 AAQatar17 Jun 2003 23 Jul 2004 Republic of Korea21 Jul 2003 16 May 2005 Republic of Moldova29 Jun 2004 3 Feb 2009 Romania25 Jun 2004 27 Jan 2006 Russian Federation 3 Jun 2008 aRwanda 2 Jun 2004 19 Oct 2005 Samoa25 Sep 2003 3 Nov 2005 San Marino26 Sep 2003 7 Jul 2004 Sao Tome and Principe18 Jun 2004 12 Apr 2006 Saudi Arabia24 Jun 2004 9 May 2005 Senegal19 Jun 2003 27 Jan 2005 Serbia28 Jun 2004 8 Feb 2006 Seychelles11 Sep 2003 12 Nov 2003 Sierra Leone22 May 2009 aSingapore29 Dec 2003 14 May 2004 Slovakia19 Dec 2003 4 May 2004 Slovenia25 Sep 2003 15 Mar 2005 Solomon Islands18 Jun 2004 10 Aug 2004 South Africa16 Jun 2003 19 Apr 2005 Spain16 Jun 2003 11 Jan 2005 Sri Lanka23 Sep 2003 11 Nov 2003 St. Kitts and Nevis29 Jun 2004 21 Jun 2011 St. Lucia29 Jun 2004 7 Nov 2005 St. Vincent and the Grenadines14 Jun 2004 29 Oct 2010 Sudan10 Jun 2004 31 Oct 2005 Suriname24 Jun 2004 16 Dec 2008 Swaziland29 Jun 2004 13 Jan 2006 Sweden16 Jun 2003 7 Jul 2005 Switzerland25 Jun 2004 Syrian Arab Republic11 Jul 2003 22 Nov 2004 Thailand20 Jun 2003 8 Nov 2004 The former Yugoslav Republic of Macedonia30 Jun 2006 aTimor-Leste25 May 2004 22 Dec 2004 Togo12 May 2004 15 Nov 2005 Tonga25 Sep 2003 8 Apr 2005 Trinidad and Tobago27 Aug 2003 19 Aug 2004 Tunisia22 Aug 2003 7 Jun 2010 Turkey28 Apr 2004 31 Dec 2004 Turkmenistan13 May 2011 aTuvalu10 Jun 2004 26 Sep 2005 Uganda 5 Mar 2004 20 Jun 2007 Ukraine25 Jun 2004 6 Jun 2006 United Arab Emirates24 Jun 2004 7 Nov 2005 United Kingdom of Great Britain and Northern Ireland16 Jun 2003 16 Dec 2004 United Republic of Tanzania27 Jan 2004 30 Apr 2007 United States of America10 May 2004 Uruguay19 Jun 2003 9 Sep 2004 Uzbekistan15 May 2012 aVanuatu22 Apr 2004 16 Sep 2005 Venezuela (Bolivarian Republic of)22 Sep 2003 27 Jun 2006 Viet Nam 3 Sep 2003 17 Dec 2004 Yemen20 Jun 2003 22 Feb 2007 Zambia23 May 2008 aAzerbaijanDeclarations:"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.”BelgiumDeclaration 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.BrazilDeclarations: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.ChinaDeclaration: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<superscript>5</superscript>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.”EstoniaDeclaration:"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 UnionInterpretative 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)." GuatemalaUpon 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 RepublicDeclaration: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 NamDeclaration:"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."IsraelWith 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."1On 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.2With the following territorial exclusion:.....the Convention does not until further notice apply to the Faroe Islands and Greenland.3See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.4With 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."5The Secretary-General received the following communication 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’.”