CHAPTER IX

HEALTH4aProtocol to Eliminate Illicit Trade in Tobacco ProductsSeoul, 12 November 2012Entry into force25 September 2018, in accordance with article 45 which reads as follows: 1. This Protocol 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 Party to the WHO Framework Convention on Tobacco Control that ratifies, accepts, approves or formally confirms this Protocol or accedes thereto after the conditions set out in paragraph 1 for entry into force have been fulfilled, this Protocol shall enter into force on the ninetieth day following the date of deposit of its instrument of ratification, acceptance, approval, accession or formal confirmation. 3. 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 that organization.Registration1 October 2018, No. 55487StatusSignatories54Parties68TextUnited Nations,<i>Treaty Series</i>,vol. 3276. The above Protocol, which was adopted during the fifth session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control by Decision <a href="/doc/source/docs/FCTC_COP5_REC1_150413_COMPLETE.pdf" target="_blank">FCTC/COP5 (1)</a> of 12 November 2012, will be open for signature at a signing ceremony to be held in Geneva, Switzerland, from 10 to 11 January 2013 and, thereafter, at United Nations Headquarters in New York. In accordance with its article 43, the Protocol shall be open for signature by all Parties to the WHO Framework Convention on Tobacco Control at World Health Organization Headquarters in Geneva from 10 to 11 January 2013, and thereafter at United Nations Headquarters in New York until 9 January 2014.

ParticipantSignatureApproval(AA), Acceptance(A), Accession(a), Ratification, Formal confirmation(c)Austria 9 Jan 2014 28 Oct 2014 Belgium17 May 2013 22 Feb 2019 Benin24 Sep 2013 6 Jul 2018 Botswana 1 Oct 2013 Brazil14 Jun 2018 aBurkina Faso 8 Mar 2013 30 Mar 2016 Cabo Verde16 Oct 2019 aChad13 Jun 2018 aChina10 Jan 2013 Colombia21 Feb 2013 Comoros14 Oct 2016 aCongo14 May 2015 aCosta Rica21 Mar 2013 7 Mar 2017 Côte d'Ivoire24 Sep 2013 25 May 2016 Croatia10 Jun 2019 aCyprus23 Oct 2013 29 Aug 2017 Czech Republic12 Jul 2019 aDemocratic Republic of the Congo 9 Dec 2013 Denmark 7 Jan 2014 Ecuador25 Sep 2013 15 Oct 2015 Egypt10 Sep 2020 aEswatini21 Sep 2016 aEuropean Union20 Dec 2013 24 Jun 2016 cFiji11 Jul 2013 24 Apr 2019 Finland25 Sep 2013 France10 Jan 2013 30 Nov 2015 Gabon10 Jan 2013 1 Oct 2014 AGambia26 Sep 2016 aGermany 1 Oct 2013 31 Oct 2017 Ghana24 Sep 2013 22 Oct 2021 Greece 9 Jul 2013 24 May 2021 Guinea 9 May 2017 aGuinea-Bissau24 Sep 2013 Hungary23 Jun 2020 aIndia 5 Jun 2018 aIran (Islamic Republic of) 7 Jan 2014 27 Aug 2018 Iraq 2 Dec 2015 aIreland20 Dec 2013 Israel23 Dec 2013 Kenya29 May 2013 4 May 2020 Kuwait11 Nov 2013 21 Feb 2019 Latvia 4 Feb 2016 aLibya10 Jan 2013 Lithuania 6 Sep 2013 14 Dec 2016 Luxembourg25 Jul 2019 aMadagascar25 Sep 2013 21 Sep 2017 Mali 8 Jan 2014 17 Jun 2016 Malta 2 Aug 2018 aMauritius26 Jun 2018 aMongolia 1 Nov 2013 8 Oct 2014 Montenegro 1 Jul 2013 11 Oct 2017 Myanmar10 Jan 2013 Netherlands (Kingdom of the)<superscript>1</superscript> 6 Jan 2014 3 Jul 2020 ANicaragua10 Jan 2013 20 Dec 2013 Niger12 Jul 2017 aNigeria 8 Mar 2019 aNorth Macedonia 8 Jan 2014 Norway16 Oct 2013 29 Jun 2018 Pakistan29 Jun 2018 aPanama10 Jan 2013 23 Sep 2016 Paraguay27 Sep 2022 aPoland22 Sep 2023 aPortugal 8 Jan 2014 22 Jul 2015 Qatar18 Jun 2013 2 Jul 2018 Republic of Korea10 Jan 2013 Republic of Moldova10 May 2022 aRwanda19 May 2023 aSamoa29 Jun 2018 aSaudi Arabia 9 Oct 2015 aSenegal31 Aug 2016 aSerbia30 Jun 2017 aSeychelles 7 Jan 2020 aSlovakia25 Sep 2017 aSlovenia 6 Jan 2014 South Africa10 Jan 2013 Spain23 Dec 2014 aSri Lanka 8 Feb 2016 aSudan30 Sep 2013 Sweden 6 Jan 2014 9 Jul 2019 Syrian Arab Republic10 Jan 2013 Togo 9 Jan 2014 31 Jan 2018 Tunisia11 Jan 2013 Türkiye10 Jan 2013 26 Apr 2018 Turkmenistan30 Mar 2015 aUnited Kingdom of Great Britain and Northern Ireland17 Dec 2013 27 Jun 2018 United Republic of Tanzania24 Sep 2013 Uruguay10 Jan 2013 24 Sep 2014 Yemen 7 Jan 2014 Costa RicaInterpretative declaration:In the case of the Republic of Costa Rica, for the purposes of the implementation of article 27 of the Protocol, the Ministries of the Treasury, Public Health, Economic Affairs, Trade and Industry, the Interior and Police, and Public Security shall be responsible for proposing any amendments to domestic laws, regulations and rules in general that might be required for compliance with this Protocol, within their competencies and powers, and without prejudice to the constitutional powers vested in the legislative and executive branches.European UnionDeclaration pursuant to article 44:The European Union (EU) submits, in accordance with Article 44 of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation's Framework Convention on Tobacco Control ("FCTC Protocol"), the following Declaration of Competences specifying the categories and policy areas in respect of which the Member States of the EU have conferred competences upon the EU in the areas covered by the FCTC Protocol.1. General PrinciplesThe categories and areas of Union competence are set out in Articles 2 to 6 TFEU. When the Treaties confer on the EU exclusive competence in a specific area, only the EU may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the EU or for the implementation of EU acts. When the Treaties confer on the EU a competence shared with the Member States in a specific area, the EU and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the EU has not exercised its competence. The Member States shall again exercise their competence to the extent that the EU has decided to cease exercising its competence.As regards the conclusion of international agreements, for the policy areas listed in Article 3(1) TFEU, only the EU has the competence to act. For the policy areas listed in Article 4(2) TFEU the EU and its Member States share competence, but only the EU has the competence to act when the envisaged action is necessary to enable the Union to exercise its internal competence, or insofar as the provisions in the agreement may affect common rules or alter their scope within the meaning of Article 3(2) TFEU; insofar as this isnot the case (i.e. the conditions of Article 3(2) TFEU are not met), Member States may exercise their competence to act in these policy areas.Competences not attributed to the EU by the Treaties fall within the competences of the Member States of the EU.The EU will duly notify any substantial modification of the extent of its competences, in accordance with Article 44 of the Protocol, without this constituting a prerequisite for the exercise of its competence in matters covered by the FCTC Protocol.2. Exclusive competence of the EU2.1. The EU has exclusive competence to act with respect to the matters covered by the FCTC Protocol that fall under the scope of the common commercial policy of the EU (Article 207 TFEU).2.2. In addition, the EU has exclusive competence to act with regard to matters covered by the FCTC protocol that fall under the scope of customs cooperation (Article 33 TFEU), approximation of laws in the internal market (Articles 113 and 114 TFEU), judicial cooperation in criminal matters (Article 82 TFEU) and definition of criminal offences (Article 83 TFEU), only insofar as the provisions of a Union act establish common rules that may be affected or altered in scope by provisions of the FCTC protocol.The list of Union acts below illustrates the extent to which the Union has exercised its internal competence in these fields in accordance with the Treaty on the Functioning of the European Union. The extent of Union exclusive competence ensuing from these acts must be assessed by reference to the precise provisions of each measure, and in particular the extent to which these provisions establish common rules that risk to be affected or altered in scope by the provisions of the FCTC Protocol or an act adopted in implementation thereof.– Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1);– Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15);– Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1);– Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12);– Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ L 176, 5.7.2011, p. 24);– Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime (OJ L 182, 5.7.2001, p. 1);– Council Act of 26 July 1995 drawing up the Convention on the protection of the European Communities' financial interests (OJ C 316, 27.11.1995, p. 48).3. Competence of the Member StatesFor other matters covered by the FCTC Protocol not mentioned in sections 2.1 and 2.2, for which the EU has not exclusive competence to act, the Member States remain competent to act.Republic of MoldovaDeclaration:Respecting the provisions of the article 25 from the mentioned Protocol, the Republic of Moldova declares that the stipulations of the Protocol are applicable on the entire territory of the Republic of Moldova, within the internationally recognized borders. The Republic of Moldova will cooperate with neighboring states and external partners to ensure the implementation of the mentioned Protocol.1For the European part of the Netherlands.