• Français
  • |
  • Contact Us

Home Page

  • Home
  • Overview
    • Glossary
    • FAQ
    • Sitemap
    • Contact Us
  • Depositary
    • Status of Treaties
    • Depositary Notifications
    • Certified True Copies
    • Photos of Treaty Ceremonies
    • Model Instruments
    • Titles of Treaties
    • League of Nations Treaties
    • Status of treaties (1959-2009)
  • Registration & Publication
    • UN Treaty Series
    • Monthly Statements
    • Cumulative Index
    • League of Nations Treaty Series
    • Registration Checklist
    • Publication Checklist
    • Limited Publication Policy
    • Technical Guidelines
  • Resources
    • Treaty Handbook
    • Final Clauses Handbook
    • Summary of Practice
    • General Assembly Resolutions
    • Notes verbales
    • Regulations
    • Secretary-General Bulletin
    • Model Instruments
    • Model Certifying Statement
  • Training
    • UN Headquarters
    • Regional
    • Legal Technical Assistance
  • Treaty Events
    • Current Event
    • Past Events
    • Special Events
Image Loading..

Depositary

  • Status of Treaties
  • Depositary Notifications
  • Certified True Copies
  • Photos of Treaty Ceremonies
  • Model Instruments
  • Titles of Treaties
  • League of Nations Treaties
  • Status of treaties (1959-2009)
  • Automated Subscription Services
  • PRINT
  • SEND MAIL
  • VIEW THIS PAGE IN PDF
  • FULL DETAILS
  • VIEW CTC
  • VIEW XML
  • BOOKMARK
STATUS AS AT : 19-05-2025 09:15:31 EDT
CHAPTER IX
HEALTH
4. a Protocol to Eliminate Illicit Trade in Tobacco Products
Seoul, 12 November 2012
Entry into force
:
25 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.
Registration :
1 October 2018, No. 55487
Status :
Signatories : 54. Parties : 70
Text : Certified true copy

United Nations,Treaty Series,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 FCTC/COP5 (1) 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.

Note :

Participant
Signature
Approval(AA), Acceptance(A), Accession(a), Ratification, Formal confirmation(c)
Austria
 9 Jan 2014
28 Oct 2014
Belgium
17 May 2013
22 Feb 2019
Benin
24 Sep 2013
 6 Jul 2018
Botswana
 1 Oct 2013
 
Brazil
  14 Jun 2018 a
Burkina Faso
 8 Mar 2013
30 Mar 2016
Cabo Verde
  16 Oct 2019 a
Chad
  13 Jun 2018 a
China
10 Jan 2013
 
Colombia
21 Feb 2013
 
Comoros
  14 Oct 2016 a
Congo
  14 May 2015 a
Costa Rica
21 Mar 2013
 7 Mar 2017
Côte d'Ivoire
24 Sep 2013
25 May 2016
Croatia
  10 Jun 2019 a
Cyprus
23 Oct 2013
29 Aug 2017
Czech Republic
  12 Jul 2019 a
Democratic Republic of the Congo
 9 Dec 2013
 
Denmark
 7 Jan 2014
 
Ecuador
25 Sep 2013
15 Oct 2015
Egypt
  10 Sep 2020 a
Eswatini
  21 Sep 2016 a
European Union
20 Dec 2013
24 Jun 2016 c
Fiji
11 Jul 2013
24 Apr 2019
Finland
25 Sep 2013
 
France
10 Jan 2013
30 Nov 2015
Gabon
10 Jan 2013
 1 Oct 2014 A
Gambia
  26 Sep 2016 a
Germany
 1 Oct 2013
31 Oct 2017
Ghana
24 Sep 2013
22 Oct 2021
Greece
 9 Jul 2013
24 May 2021
Guinea
   9 May 2017 a
Guinea-Bissau
24 Sep 2013
 
Hungary
  23 Jun 2020 a
India
   5 Jun 2018 a
Iran (Islamic Republic of)
 7 Jan 2014
27 Aug 2018
Iraq
   2 Dec 2015 a
Ireland
20 Dec 2013
 
Israel
23 Dec 2013
 
Jordan
  25 Jul 2024 a
Kenya
29 May 2013
 4 May 2020
Kuwait
11 Nov 2013
21 Feb 2019
Latvia
   4 Feb 2016 a
Libya
10 Jan 2013
 
Lithuania
 6 Sep 2013
14 Dec 2016
Luxembourg
  25 Jul 2019 a
Madagascar
25 Sep 2013
21 Sep 2017
Mali
 8 Jan 2014
17 Jun 2016
Malta
   2 Aug 2018 a
Mauritius
  26 Jun 2018 a
Mongolia
 1 Nov 2013
 8 Oct 2014
Montenegro
 1 Jul 2013
11 Oct 2017
Myanmar
10 Jan 2013
 
Netherlands (Kingdom of the) 1
 6 Jan 2014
 3 Jul 2020 A
Nicaragua
10 Jan 2013
20 Dec 2013
Niger
  12 Jul 2017 a
Nigeria
   8 Mar 2019 a
North Macedonia
 8 Jan 2014
19 Mar 2025
Norway
16 Oct 2013
29 Jun 2018
Pakistan
  29 Jun 2018 a
Panama
10 Jan 2013
23 Sep 2016
Paraguay
  27 Sep 2022 a
Poland
  22 Sep 2023 a
Portugal
 8 Jan 2014
22 Jul 2015
Qatar
18 Jun 2013
 2 Jul 2018
Republic of Korea
10 Jan 2013
 
Republic of Moldova
  10 May 2022 a
Rwanda
  19 May 2023 a
Samoa
  29 Jun 2018 a
Saudi Arabia
   9 Oct 2015 a
Senegal
  31 Aug 2016 a
Serbia
  30 Jun 2017 a
Seychelles
   7 Jan 2020 a
Slovakia
  25 Sep 2017 a
Slovenia
 6 Jan 2014
 
South Africa
10 Jan 2013
 
Spain
  23 Dec 2014 a
Sri Lanka
   8 Feb 2016 a
Sudan
30 Sep 2013
 
Sweden
 6 Jan 2014
 9 Jul 2019
Syrian Arab Republic
10 Jan 2013
 
Togo
 9 Jan 2014
31 Jan 2018
Tunisia
11 Jan 2013
 
Türkiye
10 Jan 2013
26 Apr 2018
Turkmenistan
  30 Mar 2015 a
United Kingdom of Great Britain and Northern Ireland
17 Dec 2013
27 Jun 2018
United Republic of Tanzania
24 Sep 2013
 
Uruguay
10 Jan 2013
24 Sep 2014
Yemen
 7 Jan 2014
 
Close Window
Declarations
(Unless otherwise indicated, the declarations were made upon
ratification, acceptance, approval, formal confirmation or accession.)
Costa Rica

Costa Rica

Interpretative 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 Union

European Union

Declaration 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 Principles

       The 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 EU

       2.1. 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 States

       For 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 Moldova

Republic of Moldova

Declaration:

       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.

End Note
1For the European part of the Netherlands.

chevron-down chevron-up

ABOUT

  • Treaty Section
  • Office of Legal Affairs

QUICK LINKS

  • Automated Subscription Services
  • Treaty Handbook
  • Final Clauses Handbook
  • Summary of Practice

HELP

  • FAQ
  • Website User Guide
  • Sitemap
  • COPYRIGHT
  • |
  • FRAUD ALERT
  • |
  • PRIVACY NOTICE
  • |
  • TERMS OF USE