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STATUS AS AT : 23-04-2014 05:01:22 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 : 178
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
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
 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 1
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 2
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
 
Equatorial Guinea
  17 Sep 2005 a
Estonia
 8 Jun 2004
27 Jul 2005
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
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 3
  23 Oct 2006 d
Morocco
16 Apr 2004
 
Mozambique
18 Jun 2003
 
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
16 Jun 2003
27 Jan 2005 A
New Zealand 4
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
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
Swaziland
29 Jun 2004
13 Jan 2006
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
The former Yugoslav Republic of Macedonia
  30 Jun 2006 a
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
Turkey
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
16 Jun 2003
16 Dec 2004
United Republic of Tanzania
27 Jan 2004
30 Apr 2007
United States of America
10 May 2004
 
Uruguay
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
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 5

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.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.

2.With the following territorial exclusion:

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

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

5.The 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’.”