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New Chair's text of a framework convention
on tobacco control
World
Health Organisation
25
June 2002
Original WHO Document: A/FCTC/INB5/2
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Preamble
I. INTRODUCTION
1. Use of terms
2. Relationship between this
Convention and other agreements and legal instruments
II. OBJECTIVE, GUIDING PRINCIPLES
AND GENERAL OBLIGATIONS
3. Objective
4. Guiding principles
5. General obligations
III. MEASURES RELATING TO THE
REDUCTION OF DEMAND FOR TOBACCO
6. Price and tax measures to
reduce the demand for tobacco
7. Non-price measures to reduce
the demand for tobacco
8. Protection from passive
smoking
9. Regulation of contents of
tobacco products
10. Regulation of tobacco product
disclosures
11. Packaging and labelling of
tobacco products
12. Education, communication,
training and public awareness
13. Advertising, promotion and
sponsorship of tobacco products
14. Demand reduction measures
concerning tobacco dependence and cessation
IV. MEASURES RELATING TO THE
REDUCTION OF THE SUPPLY OF TOBACCO
15. Illicit trade in tobacco
product
16. Sales to minors
17. Elimination of tobacco
subsidies and provision of government support for other economically viable
activities
V. PROTECTION OF THE ENVIRONMENT
18. Protection of the environment
VI. LIABILITY AND COMPENSATION
19. Liability and compensation
VII. SCIENTIFIC AND TECHNICAL
COOPERATION AND COMMUNICATION OF INFORMATION
20. Research, surveillance,
monitoring, and exchange of information
21. Reporting and exchange of
information
22. Cooperation in the
scientific, technical, and legal fields and provision of related expertise
VIII. INSTITUTIONAL ARRANGEMENTS
AND FINANCIAL RESOURCES
23. Conference of the Parties
24. Secretariat
25. Relations between the Conference
of the Parties and competent international and regional intergovernmental
organizations
26. Financial resources
IX. SETTLEMENT OF DISPUTES
27. Settlement of disputes
X. DEVELOPMENT OF THE CONVENTION
28. Amendments to this Convention
29. Adoption and amendment of
annexes to this Convention
XI. FINAL PROVISIONS
30. Reservations
31. Withdrawal
32. Right to vote
33. Protocols
34. Signature
35. Ratification, acceptance,
approval, formal confirmation or accession
36. Entry into force
37. Depositary
38. Authentic texts
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The Parties to this Convention,
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P1
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Recognizing that the spread of the
tobacco epidemic is a global problem that calls for the widest possible
international cooperation and the participation of all countries in an
effective, appropriate and coordinated international response,
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P2
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Reflecting the concern of the
international community about the devastating worldwide health, social,
economic and environmental consequences of tobacco consumption and exposure
to tobacco smoke,
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P3
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Seriously concerned about the increase in the
worldwide consumption and production of cigarettes and other tobacco
products, particularly in developing countries, as well as about the burden
this places on national health systems,
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P4
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Recognizing that scientific evidence has
unequivocally established that tobacco consumption and exposure to tobacco
smoke are linked to numerous causes of death, disease and disability, and
that there is a time lag between the exposure to smoking and the other uses
of tobacco products and the onset of tobacco-related diseases,
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P5
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Recognizing also that cigarettes are highly engineered
so as to create and maintain dependence, and that many of the compounds they
contain are pharmacologically active, toxic, mutagenic and carcinogenic, and
that tobacco dependence is separately classified as a disorder in major
international classifications of diseases,
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P6
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Acknowledging that there is clear
scientific evidence that prenatal exposure to tobacco smoke causes adverse
health and developmental conditions,
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P7
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Deeply concerned about the escalation in smoking
and other forms of tobacco consumption by children and adolescents worldwide,
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P8
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Alarmed by the increase in smoking
and other forms of tobacco consumption by women and young girls worldwide and
keeping in mind the need for full participation of women at all levels of
policy-making and implementation and the need for gender-specific tobacco
control strategies,
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P9
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Deeply concerned about the escalation in
smoking and other forms of tobacco consumption by indigenous populations and
other vulnerable groups,
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P10
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Seriously concerned about all forms of
advertising, marketing, promotion and other practices aimed at encouraging
the use of tobacco,
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P11
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Recognizing that coordinated action is
necessary to eradicate all forms of illicit trade of cigarettes and other
tobacco products, including smuggling, illicit manufacturing and
counterfeiting,
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P12
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Acknowledging that tobacco control at all
levels is seriously underfunded in relation to the current and projected
burden of disease caused by tobacco, and that new and additional financial
and technical resources would make a substantial difference in the world's
capacity to address the tobacco epidemic,
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P13
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Recognizing the need to develop
appropriate mechanisms to address the long-term social and economic
implications of successful tobacco demand reduction strategies,
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P14
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Mindful of the social and economic
difficulties that tobacco control measures may engender, in the medium and
long term, particularly in some developing countries whose economies are
dependent on tobacco growing and on manufacturing of tobacco products, and
recognizing their need for access to the financial, economic and
technological resources required to achieve sustainable development and to
decrease their medium- and long-term economic dependence upon tobacco,
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P15
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Conscious of the valuable work being
conducted by many States on tobacco control and commending the leadership of
the World Health Organization as well as the efforts of other organizations
and bodies of the United Nations system and other international and regional
intergovernmental organizations in developing measures on tobacco control,
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P16
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Emphasizing the special contribution of
nongovernmental organizations, including health professional bodies, women's,
youth, environmental and consumer groups, academic institutions, hospitals
and other members of civil society to tobacco control efforts nationally and
internationally and the vital importance of their participation in national
and international tobacco control efforts,
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P17
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Recalling Article 12 of the
International Covenant on Economic, Social and Cultural Rights, adopted by
the United Nations General Assembly on 16 December 1966, which affirms the
right of everyone to the enjoyment of the highest attainable standard of
physical and mental health,
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P18
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Recalling also the preamble to the
Constitution of the World Health Organization, which states that the
enjoyment of the highest attainable standard of health is one of the
fundamental rights of every human being without distinction of race,
religion, political belief, economic or social condition, and taking into
account all pertinent resolutions of the World Health Assembly,
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P19
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Recalling further the pertinent provisions of
the Convention on the Elimination of All Forms of Discrimination against Women adopted by
the United Nations General Assembly on 18 December 1979 and of the Convention on the
Rights of the Child adopted by the United Nations General Assembly on 20
November 1989,
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P20
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Determined to promote measures of
tobacco control based on scientific, technical and relevant economic
considerations, to be continuously re-evaluated in the light of new findings
in these areas,
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Have agreed as follows:
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PART I:
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Article
1
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For
the purposes of this Convention:
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1.a
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"Illicit
trade in tobacco" means any practice not authorized by law, relating to the
production, holding, handling, movement, or sale of tobacco products.
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1.b
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"Passive smoking" means exposure to tobacco smoke, or the
chemicals in tobacco smoke, without actually smoking.
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1.c
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"Public place" means any enclosed
location to which the general public is admitted, whether accessible freely,
by invitation or against payment
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1.d
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"Technical cooperation" means a
process that involves the provision of any kind of assistance in the
technical area, among Parties to the Convention.
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1.e
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"Tobacco advertising" means any
form of communication, recommendation or action that promotes a tobacco
product.
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1.f
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"Tobacco control" means a range of
supply, demand and harm reduction strategies, as well as standard-setting,
that aim to improve the health of a population by eliminating or reducing
their consumption of and exposure to tobacco in all its forms.
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1.g
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"Tobacco industry" means tobacco
processors, manufacturers and distributors of tobacco products.
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1.h
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"Tobacco products" mean products
entirely or partly made of the leaf tobacco as raw materials which are
manufactured to be used for smoking, sucking, chewing and snuffing.
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1.i
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"Tobacco promotion" means
stimulating the demand for goods by publicity and advertising, as well as by
special events to draw the attention and interest of consumers.
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1.j
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"Tobacco sponsorship" means any
form of contribution to any event, activity or individual that promotes a
tobacco product.
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1.k
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"Regional economic integration
organization" means an organization constituted by sovereign States of a
given region which has competence in respect of matters governed by the
Convention or its protocols and which has been duly authorized, in accordance
with its internal procedures, to sign, ratify, accept, approve, formally
confirm or accede to the instruments concerned
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1.l
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"Vulnerable groups" mean
populations whose defining characteristics make them more likely to be
induced to use tobacco products or to suffer health harms from their use.
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Article
2
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2.1
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1. Parties are encouraged to
implement measures beyond those required by this Convention and its related
protocols, and nothing in these instruments shall prevent a Party from
imposing stricter requirements that are consistent with their provisions, and
are in accordance with the rules of international law, in order to better
protect human health and the environment.
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2.2
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2. The provisions of this
Convention and its related protocols shall in no way affect the right of
Parties to enter into bilateral or multilateral agreements, including
regional or subregional agreements, on issues relevant or additional to these
instruments, provided that such agreements are compatible with their
obligations under these instruments. The Parties concerned shall communicate
such agreements to the Conference of the Parties through the Secretariat.
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2.3
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3. Nothing in this Convention and
its related protocols shall be interpreted as implying in any way a change in
rights and obligations of a Party under any existing international treaty.
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PART
II
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Article
3
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3.
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The objective of this Convention
and its related protocols is to protect present and future generations from
the devastating health, social, environmental and economic consequences of tobacco
consumption and exposure to tobacco smoke by providing a framework for
integrated tobacco control measures to be implemented by the Parties at the
national, regional and international levels in order to reduce continually
and substantially the prevalence of tobacco use and exposure to tobacco
smoke.
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Article
4
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4.
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To achieve the objective of this
Convention and its related protocols and to implement its provisions, the
Parties shall be guided, inter alia, by the principles set out below:
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4.1
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1. Every person should be informed of the health consequences,
addictive nature and mortal threat posed by tobacco consumption and exposure
to tobacco smoke, and necessary legislative, executive, administrative or
other measures should be enacted and implemented to protect non-smokers from
the effects of exposure to tobacco smoke. Special approaches and measures
should be developed to protect vulnerable groups.
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4.2
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Strong political commitment is necessary
to develop and support, at the national and international levels,
multisectoral measures and coordinated responses, taking into consideration:
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4.2.a
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(a) the legitimate expectation of
the entire population, particularly of the most vulnerable groups, to be
protected from exposure to tobacco smoke;
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4.2.b
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(b) the legitimate expectation of
the entire population, particularly of vulnerable groups, to be protected
from the initiation, maintenance or increase of tobacco consumption in any
form;
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4.2.c
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(c) the legitimate expectation of
the population to be protected from the harmful effects derived from the
process of production and manufacturing of tobacco products;
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4.2.d
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(d) the legitimate expectation of indigenous
people to participate in the development, implementation and evaluation of
tobacco control programmes that are socially and culturally appropriate to
their needs and perspectives; and
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4.2.e
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(e) the legitimate expectation that
gender-specific risks are addressed when developing tobacco control
strategies.
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4.3
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The importance of international cooperation, particularly
transfer of technology, knowledge and financial assistance, to establish and
implement effective tobacco control programmes, taking into consideration
local culture, as well as social, economic, political and legal factors,
should be recognized.
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4.4
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4. Comprehensive multisectoral
measures and coordinated responses to reduce consumption of all tobacco products,
including the marketing and trade of such products, should be adopted at the
national and global levels so as to prevent, in accordance with public health
principles, the incidence of diseases, premature disability and mortality due
to tobacco consumption.
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4.5
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5. While recognizing that tobacco
control and trade measures can be implemented in a mutually supportive
manner, Parties agree that tobacco control measures shall be transparent,
implemented in accordance with their existing international obligations, and
shall not constitute a means of arbitrary or unjustifiable discrimination in
international trade.
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4.6
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6. The tobacco industry is
responsible for the harm its products cause to public health and the
environment. Each Party should determine the scope of such responsibility
within its jurisdiction.
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4.7
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7. The importance of identifying
appropriate modalities to aid the economic transition of tobacco growers,
workers and individual sellers who may be displaced as a future consequence
of successful tobacco control programmes, particularly in developing country
Parties, as well as Parties with transitional economies, should be recognized
and addressed.
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4.8
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8. The appropriate participation of
civil society is essential in achieving the objective of this Convention and
its related protocols.
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Article
5
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5.1
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1. Each Party shall develop, implement,
periodically update, review and enforce comprehensive multisectoral national
tobacco control strategies, plans and programmes in accordance with this
Convention and the protocols to which it is a Party.
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5.2
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2. To this end, each Party shall,
to the extent possible:
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5.2.a
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(a) establish or reinforce and
adequately finance a national coordinating mechanism for tobacco control,
with inputs from relevant government and civil society sources; and
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5.2.b
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(b) adopt and implement effective
legislative, executive, administrative or other measures and cooperate with
other Parties in developing appropriate policies for preventing and reducing
tobacco consumption, nicotine addiction and exposure to tobacco smoke.
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5.3
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In setting and implementing their
public health policies, the Parties shall avoid undue interference by the
tobacco industry.
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5.4
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The Parties shall cooperate in the
formulation of agreed measures, procedures and standards for the
implementation of this Convention and the protocols to which they are
Parties.
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5.5
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The Parties shall cooperate with
competent international and regional intergovernmental organizations and
other bodies to achieve the objective of this Convention and the protocols to
which they are Parties.
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PART
III:
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Article
6
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6.1
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1. The Parties recognize that
coordinated price and tax measures can be an effective and important means of
reducing tobacco consumption by various segments of the population, in
particular young persons.
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6.2
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2. While recognizing the sovereign
right of States to establish their taxation policies, each Party shall take
account of its national public health objectives concerning tobacco control
when determining its policies by adopting and implementing legislative,
executive, administrative or other measures. Such measures should include:
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6.2.a
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(a) implementing tax policies and,
where applicable, price policies, on tobacco products so as to achieve a
progressive reduction in tobacco consumption;
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6.2.b
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(b) providing to the Conference of
the Parties, in accordance with national capabilities, and pursuant to Article 21, details of rates of taxation for
tobacco products and their impact on tobacco consumption for review by the
Conference of the Parties, in order that it may consider the development of
further recommendations; and
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6.2.c
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(c) progressively restricting, with
a view to prohibiting, duty-free sales of tobacco products.
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Article
7
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7
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The Parties recognize that
coordinated non-price measures can be an effective and important means of
reducing tobacco consumption. The Conference of the Parties and national
authorities shall endeavour to develop standards on non-price policies
designed to reduce tobacco consumption and to enhance non-smokers' protection
from exposure to the harmful effects of tobacco smoke. Each Party shall adopt
and implement effective legislative, executive, administrative or other
measures and shall cooperate with each other directly or through competent
international bodies with a view to their implementation. Such measures and
policies shall include those outlined in Articles
8 to 13. The Conference of the Parties shall establish appropriate
guidelines for the implementation of the provisions of these Articles.
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Article
8
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8
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Each Party shall adopt and implement
effective legislative, executive, administrative or other measures at the
appropriate governmental levels, providing for adequate protection from
exposure to tobacco smoke in public places, public transport and indoor
workplaces. In devising and implementing such measures, each Party shall
give, as appropriate, special attention to the protection of vulnerable
groups, with priority consideration to, inter alia, educational
establishments, health care facilities and places providing services to children.
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Article
9
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9
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Each Party shall adopt and
implement standards as recommended by the Conference of the Parties in
consultation with national authorities and competent international bodies for
the regulation of the content of tobacco products, including standards and
best practices for testing and measuring, in accordance with each Party's
capabilities, the content and emissions of such products.
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Article
10
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10
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Each Party shall adopt and
implement effective legislative, executive, administrative or other measures
requiring manufacturers and importers of tobacco products to disclose to
governmental authorities information about the contents and emissions of
tobacco products.
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Article
11
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11.1
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1. Each Party shall, in accordance
with its capabilities and national law, adopt and implement effective legislative,
executive, administrative or other measures, to ensure that:
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11.1.a
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(a) tobacco packaging and labelling
does not promote a tobacco product by any means that are false, misleading or
otherwise deceptive or that are likely to create an erroneous impression
about its characteristics, health effects, hazards or emissions;
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11.1.b
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(b) no term, descriptor or expression,
such as "low tar", "light", "ultra-light" or "mild", that has the aim or the
direct or indirect effect of creating the false impression that a particular
tobacco product is less harmful than other tobacco products, is used;
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11.1.c
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(c) each unit packet or package of
tobacco products and any outside packaging of such products prominently
carries the statement and product information to ensure the traceability of
tobacco products as specified in Article
15.3(a) and (b); and
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11.1.d
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(d) each unit packet or package of
tobacco products and any outside packaging of such products carries a clear,
visible, and legible health warning, which should include a picture or
pictogram and additional health information, as approved by the national
health authorities, describing the harmful health consequences of tobacco
use. This health warning should also clearly indicate the prohibition of
sales to minors and provide clear information on the toxic constituents of
the tobacco products and the emissions they may produce.
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11.2
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2. The information and health
warning specified in paragraphs 1(c) and (d) of this Article should appear
prominently on each unit packet and package of tobacco products and any outside
packaging of such products in the principal language or languages of the
country in whose territory the product is placed on the market.
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Article
12
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12
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Each Party shall promote and
strengthen public awareness of tobacco control issues, using all available
communication tools. To this end, each Party shall adopt and implement
effective legislative, executive, administrative or other measures to:
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12.a
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(a) develop and assure universal
access to effective and comprehensive educational and public awareness
programmes on the health risks of tobacco consumption and exposure to tobacco
smoke;
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12.b
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(b) ensure that the general public,
and notably vulnerable groups, are fully informed about the health risks of
tobacco consumption and exposure to tobacco smoke, and about the benefits of
the cessation of tobacco use and tobacco-free lifestyles as specified in Article 14.2;
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12.c
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(c) facilitate public access to a
wide range of information on the tobacco industry as relevant to the
objective of this Convention;
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12.d
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(d) develop and implement effective
and appropriate training programmes on tobacco control for health workers,
community workers, social workers, educators, political leaders,
administrators and other concerned persons;
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12.e
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(e) endeavour to promote the
participation and awareness of public and private agencies and nongovernmental
organizations not affiliated with the tobacco industry in developing and
implementing intersectoral programmes and strategies for tobacco control; and
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12.f
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(f) facilitate public awareness of
information regarding the economic, health and environmental consequences of
tobacco production.
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Article
13
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Footnote
1
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There has been considerable discussion throughout the
pre-negotiation and negotiation FCTC process concerning the adoption of an
early protocol on advertising, promotion and sponsorship. The negotiation of
such a protocol could be initiated by the INB before the FCTC is adopted, by
the INB following the adoption of the FCTC, or at a later stage by the
Conference of Parties.
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13
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Each
Party shall, in accordance with its capabilities, adopt and implement
effective legislative, executive, administrative or other measures to reduce,
with the view to gradually eliminating, the advertising, promotion and
sponsorship of tobacco products. Towards this goal, each Party, in accordance
with its national law and in cooperation with other Parties, shall endeavour
to:
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13.a
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(a) ensure that tobacco
advertising, promotion and sponsorship does not promote a tobacco product by
any means that are false, misleading or otherwise deceptive or that are
likely to create an erroneous impression about its characteristics, health
effects, hazards or emissions;
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13.b
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(b) require the phasing out of
tobacco sponsorship of sporting and cultural events;
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13.c
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(c) require the phasing out of
cross-border tobacco advertising, promotion and sponsorship, including, inter
alia, on cable and satellite television, radio, the Internet, newspapers,
magazines and other printed media;
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13.d
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(d) require full disclosure of all
expenditures by the tobacco industry on advertising, promotion and sponsorship
and make those figures available to the public and to the Conference of the
Parties pursuant to Article 21; and
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13.e
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(e) impose strict restrictions on all
forms of tobacco advertising, promotion and sponsorship targeted at
vulnerable groups, including incentives such as gifts, coupons, rebates,
competitions and frequent-purchaser programmes, with the aim of reducing the
appeal of tobacco products to all segments of society.
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Article
14
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14.1
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1. Each Party shall develop
appropriate, comprehensive and integrated guidelines, and shall take effective
measures to secure adequate treatment for tobacco dependence and to promote
cessation of tobacco use.
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14.2
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2. To this end, each Party shall
endeavour to:
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14.2.a
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(a) design and implement effective
programmes aimed at promoting the cessation of tobacco use, including in
educational institutions, health care facilities, workplaces and sporting
environments;
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14.2.b
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(b) include treatment of tobacco
dependence and counselling services on cessation of tobacco use in national health
and education programmes, plans and strategies, with the participation of
health workers, community workers and social workers;
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14.2.c
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(c) establish in health care
facilities and rehabilitation centres programmes for counselling, prevention and
treatment of tobacco dependence; and
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14.2.d
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(d) collaborate with other Parties
to facilitate access to pharmaceutical products for treating tobacco
dependence pursuant to Article 22.
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PART
IV:
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Article
15
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Footnote
1
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There has been considerable discussion throughout
the pre-negotiation and negotiation FCTC process concerning the adoption of
an early protocol on illicit trade. The negotiation of such a protocol could
be initiated by the INB before the FCTC is adopted, by the INB following the
adoption of the FCTC, or at a later stage by the Conference of Parties.
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15.1
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1. The Parties recognize that the
elimination of all forms of illicit trade in tobacco products, including
smuggling, illicit manufacturing and counterfeiting, and the development and implementation
of related national law, in addition to subregional, regional and global
agreements, are essential components of tobacco control.
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15.2
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2. The Parties agree that measures to
this end shall be transparent, well-defined, non-discriminatory and
implemented in accordance with their national, regional and international
obligations.
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15.3
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3. Each Party shall adopt and
implement effective legislative, executive, administrative or other measures
to ensure that all unit packets and packages of tobacco products and any
outside packaging of such products for retail or wholesale use that are sold
or manufactured on its domestic market or under its jurisdiction:
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15.3.a
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(a) carry a marking in any
appropriate manner in order to identify the origin and enable the tracking of
the product, including the name of the manufacturer, the country of origin,
the product and batch number and the date of production; and
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15.3.b
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(b) carry the statement "Sales only
allowed in (insert name of the country, subnational, regional or federal
unit where the product is to be placed on the market)" or carry any other
effective marking which would assist authorities in determining whether the
product is legally for sale on the market for which it is intended as a final
destination.
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15.4
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4. Each Party shall ensure that the
packaging information or markings specified in paragraph 3 of this Article
shall be presented in written form and appear in the principal language or
languages of the country in whose territory the product is placed on the
market, in accordance with Article 11.
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15.5
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5. In order to eliminate illicit trade
in tobacco products, each Party shall:
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15.5.a
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(a) monitor and collect data on
cross-border trade in tobacco products, including illicit trade, and exchange
information among customs, tax and other appropriate authorities;
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15.5.b
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(b) enact or strengthen
legislation, with appropriate penalties and remedies, that prohibits illicit
trade in tobacco products, including counterfeit and contraband cigarettes;
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15.5.c
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(c) take appropriate steps to
ensure that all confiscated manufacturing equipment, counterfeit and
contraband cigarettes and other tobacco products are destroyed, using
environmentally-friendly methods, or disposed of in accordance with domestic
law; and
|
|
|
15.5.d
|
(d) adopt and implement measures to
monitor, document and control the distribution and movement of duty-free
tobacco products, pending their prohibition in accordance with Article 6.2(c).
|
|
|
15.6
|
6. Information collected pursuant
to subparagraphs 5(a) and 5(d) of this Article shall be provided to the
Conference of the Parties in accordance with Article
21.
|
|
|
15.7
|
7. The Parties shall promote
cooperation between national agencies, as well as regional and international
intergovernmental organizations, as it relates to investigations,
prosecutions and proceedings, in order to eliminate illicit trade in tobacco
products. Special emphasis shall be placed on cooperation at regional and
subregional levels to combat illicit trade of tobacco products.
|
|
|
15.8
|
8. Each Party shall endeavour to
adopt and implement further measures including licensing, where appropriate,
to control or regulate the production and distribution of tobacco products in
order to prevent illicit trade.
|
|
|
Article
16
|
|
|
|
16.1
|
1. Each Party shall adopt and
implement effective legislative, executive, administrative or other measures to
restrict sales of tobacco products to legal minors as determined by national
law. These measures may include, as appropriate:
|
|
|
16.1.a
|
(a) requiring that all sellers of
tobacco products request that each tobacco purchaser provide appropriate
evidence of having reached full legal age and placing a clear and prominent
indicator inside their point of sale about the prohibition of tobacco sales
to legal minors as determined by national law;
|
|
|
16.1.b
|
(b) banning the sale of tobacco
products in self-service displays or store shelves and other places where the
customer can directly access such products;
|
|
|
16.1.c
|
(c) phasing out gradually the use
of vending machines to sell tobacco or, where the practice of using vending machines
to sell tobacco does not currently exist, prohibiting it; and
|
|
|
16.1.d
|
(d) prohibiting the manufacture as
well as import and sale of sweets and toys in the form of tobacco products.
|
|
|
16.2
|
2. Each Party shall prohibit the free
distribution of tobacco products.
|
|
|
16.3
|
3. Each Party shall endeavour to
prohibit the sale of cigarettes individually or in small packets which
increase the affordability of such products to legal minors as determined by
national law.
|
|
|
16.4
|
4. Each Party shall adopt and
implement effective legislative, executive, administrative or other measures
including penalties against sellers and distributors, in order to ensure
compliance with paragraphs 1-3 of this Article.
|
|
|
16.5
|
5. The Parties recognize that in
order to increase their effectiveness, measures to prevent tobacco product
sales to legal minors as determined by national law should, where
appropriate, be implemented in
conjunction with other provisions contained in this Convention.
|
|
|
Article
17
|
|
|
|
17
|
Each Party undertakes to phase out,
with the view to eliminating subsidies, including tax exemptions, loans and
rebates, for tobacco growing and manufacturing of tobacco products. Each
Party shall, in cooperation with other Parties and with competent
international and regional intergovernmental organizations, promote, as
appropriate, other economically viable alternatives for tobacco workers,
growers and individual sellers.
|
|
|
PART
V:
|
|
|
|
Article
18
|
|
|
|
18
|
In carrying out their obligations
under this Convention, in respect of cultivating tobacco and manufacturing
tobacco products within their territories, the Parties agree to have due
regard to their commitments under international legal instruments relating to
the environment to which they are Parties. Towards this end, the Parties
agree to:
|
|
|
18.a
|
(a) monitor the use of pesticides
and wood fuel in tobacco growing and processing;
|
|
|
18.b
|
(b) take measures in cooperation
with the private sector and civil society to ensure that tobacco curing will
be carried out in an environmentally-friendly manner;
|
|
|
18.c
|
(c) encourage investment in
alternative technologies for tobacco curing that are not based on wood fuel;
|
|
|
18.d
|
(d) take measures to ensure that
tobacco farm workers are trained in the use of pesticides and to provide
protective clothing and equipment for the application of pesticides; and
|
|
|
18.e
|
(e) promote research on
alternatives to the use of pesticides for tobacco growing
|
|
|
PART
VI:
|
|
|
|
Article
19
|
|
|
|
19.1
|
1. The Parties shall take
legislative action or promote their existing laws to deal with liability and
compensation for the purpose of tobacco control.
|
|
|
19.2
|
2. Recognizing that international
approaches to liability and compensation are an important and complementary
means of addressing damage caused by tobacco, each Party shall cooperate with
other Parties by providing the Conference of the Parties pursuant to Article 21 with:
|
|
|
19.2.a
|
(a) information in its possession
on the health effects of the consumption of tobacco products in accordance
with Article 20.2(a); and
|
|
|
19.2.b
|
(b) information on the legislation
and regulations in force in the country and on any relevant decisions taken
by national courts in accordance with Article
20.3(a).
|
|
|
19.3
|
3. The Parties shall, as
appropriate, afford one another assistance in any legal proceedings relating
to the objective of this Convention.
|
|
|
19.4
|
4. With regard to the health
injuries arising from tobacco consumption and exposure to tobacco smoke, the
Conference of the Parties, in consultation with competent international and
regional intergovernmental organizations, shall consider establishing an advisory
committee of experts to set up, inter alia, a technical and scientific
database of information collected pursuant to Article
21 to be placed at the disposal of State Parties to support them in their
legislative and judicial activities. This database should be reviewed and
updated periodically.
|
|
|
PART
VII:
|
|
|
|
Article
20
|
|
|
|
20.1
|
1. The Parties undertake to
develop, promote and coordinate national, regional and global research
programmes. To this end, each Party shall endeavour to:
|
|
|
20.1.a
|
(a) initiate and cooperate in, directly
or through competent international and regional intergovernmental
organizations and other bodies, the conduct of research and scientific
assessments and in so doing promote and encourage research that addresses the
determinants and consequences of tobacco consumption and exposure to tobacco
smoke; and
|
|
|
20.1.b
|
(b) promote and strengthen, with
the support of competent international and regional intergovernmental
organizations and other bodies, training and support for all those engaged in
tobacco control activities, including research, implementation and
evaluation.
|
|
|
20.2
|
2. The Parties shall establish
joint or complementary programmes for national, regional and global
surveillance of the magnitude, patterns, determinants and consequences of
tobacco consumption and exposure to tobacco smoke. Towards this end, the
Parties should integrate tobacco surveillance programmes into national,
regional and global health surveillance programmes so that data are
comparable and can be analysed at the regional and global levels, as
appropriate. Recognizing the importance of financial and technical assistance
from international and regional intergovernmental organizations and other
bodies, each Party shall endeavour to:
|
|
|
20.2.a
|
(a) establish progressively a
national system for the epidemiological surveillance of tobacco consumption
and related social, economic and health indicators;
|
|
|
20.2.b
|
(b) cooperate with competent
international and regional intergovernmental organizations and other bodies,
including governmental and nongovernmental agencies in regional and global
tobacco surveillance and exchange of information on the indicators specified
in paragraph 2(a) of this Article; and
|
|
|
20.2.c
|
(c) cooperate under the auspices of
the World Health Organization in the development of general model standards
or procedures defining the collection, analysis and dissemination of major
surveillance data.
|
|
|
20.3
|
3. The Parties shall promote and facilitate
the exchange of scientific, technical, socioeconomic, commercial and legal
information, as well as information regarding practices of the tobacco
industry and the cultivation of tobacco, relevant to this Convention and in
so doing will take into account and address the special needs of developing
country Parties and Parties with transitional economies. Each Party shall
endeavour to:
|
|
|
20.3.a
|
(a) establish and maintain an
updated database of laws and regulations on tobacco control and enforcement,
as well as relevant decisions taken by national courts and cooperate in the
development of complementary programmes for national, regional and global
tobacco control;
|
|
|
20.3.b
|
(b) establish and maintain updated data
from national surveillance programmes in accordance with paragraph 2(a) of
this Article; and
|
|
|
20.3.c
|
(c) cooperate with competent
international organizations to establish and maintain a global monitoring
system to regularly collect and disseminate information on tobacco
production, manufacture and the activities of the tobacco industry which have
an impact on this Convention or national tobacco control activities.
|
|
|
20.4
|
4. Regional and international intergovernmental
organizations should be encouraged to provide technical and financial
resources to the Secretariat of this Convention to assist developing country
Parties and Parties with transitional economies to meet their commitments on
surveillance, research and information exchange.
|
|
|
Article
21
|
|
|
|
21.1
|
1. In accordance with guidelines
adopted by the Conference of the Parties and the relevant provisions of this
Convention, each Party shall submit to the Conference, through the
Secretariat, periodic reports on its implementation of the Convention,
including the following:
|
|
|
21.1.a
|
(a) information on legislative,
executive, administrative or other measures taken or planned to implement the
Convention;
|
|
|
21.1.b
|
(b) information on any constraints
or barriers encountered in its implementation of the Convention, and on the
measures taken to overcome these barriers;
|
|
|
21.1.c
|
(c) information on surveillance and
research as specified in Article 20;
|
|
|
21.1.d
|
(d) information specified in Articles 6.2(b), 13(d), 15.6
and 19.2; and
|
|
|
21.1.e
|
(e) information on other measures
as determined by the Conference of the Parties.
|
|
|
21.2
|
2. Each Party shall make its initial
report within two years of the entry into force of this Convention for that
Party. The frequency of subsequent reports by all Parties shall be determined
by the Conference of the Parties.
|
|
|
21.3
|
3. The Conference of the Parties,
pursuant to Article 26, shall
consider administrative or financial arrangements in order to assist
developing country Parties and Parties with transitional economies, at their
request, in meeting their obligations under this Article.
|
|
|
Article
22
|
|
|
|
22.1
|
1. The Parties shall cooperate
directly or through competent international bodies to strengthen their capacity
to fulfil the obligations arising from this Convention, taking into account
the needs of developing country Parties and Parties with transitional
economies. Such cooperation shall be carried out through the transfer of
technical, scientific and legal expertise and technology, to establish and
strengthen national tobacco control strategies, plans and programmes aiming
at, inter alia:
|
|
|
22.1.a
|
(a) facilitation of the
development, transfer and acquisition of technology, knowledge, skills, capacity
and expertise related to tobacco control;
|
|
|
22.1.b
|
(b) provision of technical,
scientific, legal and other expertise to establish and strengthen national
tobacco control strategies, plans and programmes, aiming at, inter alia:
|
|
|
22.1.b.i
|
(i) assisting in the development of
a strong legislative foundation as well as technical programmes, including
those on prevention of initiation, promotion of cessation and protection from
exposure to tobacco smoke;
|
|
|
22.1.b.ii
|
(ii) assisting tobacco workers who
are affected by the implementation of the Convention in the development of
appropriate alternative livelihoods in an economically viable
non-trade-distorting manner, consistent with the international obligations of
Parties; and
|
|
|
22.1.b.iii
|
(iii) assisting tobacco growers who
are affected by the implementation of the Convention in shifting agricultural
production to alternative crops in an economically viable
non-trade-distorting manner, consistent with the international obligations of
Parties;
|
|
|
22.1.c
|
(c) supporting the establishment
and maintenance of training and educational programmes for appropriate
personnel in accordance with Article
12;
|
|
|
22.1.d
|
(d) provision of the necessary
material, equipment and supplies, as well as logistical support, for tobacco
control strategies, plans and programmes; and
|
|
|
22.1.e
|
(e) study of methods for tobacco
control, including treatment of nicotine addiction.
|
|
|
22.2
|
2. The Conference of the Parties
shall promote and facilitate transfer of technical, scientific and legal
expertise and technology with the financial support outlined in Article 26.
|
|
|
PART
VIII:
|
|
|
|
Article
23
|
|
|
|
23.1
|
1. A Conference of the Parties is
hereby established. The first session of the Conference shall be convened by the
World Health Organization not later than one year after the entry into force
of this Convention. The Conference will determine the venue and timing of
subsequent regular sessions at its first session.
|
|
|
23.2
|
2. Extraordinary sessions of the Conference
of the Parties shall be held at such other times as may be deemed necessary
by the Conference, or at the written request of any Party, provided that,
within six months of the request being communicated to them by the
Secretariat of the Convention, it is supported by at least one-third of the
Parties.
|
|
|
23.3
|
3. The Conference of the Parties
shall by simple majority, at its first session, adopt Rules of Procedure and
Financial Rules. Until that time, the Conference of the Parties shall, on an
interim basis, use the Rules of Procedure of the World Health Assembly.
|
|
|
23.4
|
4. The Conference of the Parties
shall keep under regular review the implementation of this Convention and
take the decisions necessary to promote its effective implementation and may
adopt protocols, annexes and amendments to the Convention, in accordance with
Articles 28, 29
and 33. To this end, it shall:
|
|
|
23.4.a
|
(a) promote and facilitate the
exchange of information pursuant to Articles
20 and 21;
|
|
|
23.4.b
|
(b) promote and guide the
development and periodic refinement of comparable methodologies for research
and the collection of data, in addition to those provided for in Article 20, relevant to the implementation
of the Convention;
|
|
|
23.4.c
|
(c) promote, as appropriate, the
harmonization, development, implementation and evaluation of strategies,
plans, and programmes, as well as policies, legislation and other measures;
|
|
|
23.4.d
|
(d) consider reports submitted by
the Parties in accordance with Article 21
and adopt regular reports on the implementation of the Convention;
|
|
|
23.4.e
|
(e) make recommendations to the Parties
and competent international and regional intergovernmental organizations and
other bodies on any matters necessary for the implementation of the
Convention;
|
|
|
23.4.f
|
(f) seek to mobilize financial
resources to support secretariat services pursuant to Article 24 and for the implementation of the
Convention in accordance with Article 26;
|
|
|
23.4.g
|
(g) establish such subsidiary
bodies as are deemed necessary;
|
|
|
23.4.h
|
(h) take into consideration, where
appropriate, the services and cooperation of, and information provided by,
competent organizations and bodies of the United Nations system and other
international and regional intergovernmental organizations and
nongovernmental organizations and bodies as a means of strengthening the
implementation of the Convention; and
|
|
|
23.4.i
|
(i) exercise such other functions
as are required for achieving the objective of the Convention, as well as all
other functions assigned to it under the Convention.
|
|
|
23.5
|
5. The Conference of the Parties
shall establish the criteria for the participation of observers at its
proceedings.
|
|
|
Article
24
|
|
|
|
24.1
|
1. Secretariat functions under this
Convention shall be provided by the World Health Organization until such time
that the Conference of the Parties determines permanent arrangements.
|
|
|
24.2
|
2. The functions of the Secretariat
shall be:
|
|
|
24.2.a
|
(a) to make arrangements for
sessions of the Conference of the Parties and its subsidiary bodies and to
provide them with services as required;
|
|
|
24.2.b
|
(b) to compile, transmit and disseminate
reports submitted to it pursuant to this Convention;
|
|
|
24.2.c
|
(c) to facilitate support to the
Parties, particularly developing country Parties and Parties with
transitional economies, on request, in the compilation and communication of information
required in accordance with the provisions of the Convention;
|
|
|
24.2.d
|
(d) to prepare reports on its
activities under the Convention and submit them to the Conference of the
Parties;
|
|
|
24.2.e
|
(e) to ensure, under the overall guidance
of the Conference of the Parties, the necessary coordination with other
competent international and regional intergovernmental organizations and
other bodies;
|
|
|
24.2.f
|
(f) to enter, under the overall
guidance of the Conference of the Parties, into such administrative or
contractual arrangements as may be required for the effective discharge of
its functions; and
|
|
|
24.2.g
|
(g) to perform other secretariat
functions specified in the Convention and in any of its protocols and such other
functions as may be determined by the Conference of the Parties.
|
|
|
Article
25
|
|
|
|
25
|
In order to provide technical and
financial cooperation for achieving the objective of this Convention, the
Conference of the Parties may request the cooperation of competent
international and regional intergovernmental organizations.
|
|
|
Article
26
|
|
|
|
26.1
|
1. Each Party undertakes to provide
financial support in respect of its national activities intended to achieve
the objective of this Convention, in accordance with its national strategies,
plans and programmes. The Parties also recognize the important role that
financial resources through bilateral, regional and other multilateral
channels can play in achieving the objective of the Convention. They shall
consider providing funding through such channels to support the development
and strengthening of comprehensive tobacco control programmes, including
actions to develop alternative crops, taking into account the needs of
developing country Parties, especially of least developed countries, as well
as of Parties with transitional economies.
|
|
|
26.2
|
2. Regional and international
intergovernmental organizations should be encouraged to provide technical and
financial assistance to developing country Parties and to Parties with
transitional economies with respect to, inter alia, Article 20 and also with respect to Article 22 as set out in this Convention.
Parties to the Convention shall cooperate within these regional and
international organizations in order to achieve this objective.
|
|
|
26.3
|
3. The Conference of the Parties
shall consider, in due course, the establishment of appropriate funding
mechanisms, which could include a multilateral global fund, for the provision
of financial resources and the transfer and development of sustainable
technology to developing country Parties, especially least developed
countries, as well as to Parties with transitional economies. Pursuant to the
objective of this Convention, the Conference shall determine the policy,
strategy and programme priorities, as well as detailed criteria and
guidelines for eligibility for, access to, and use of, the financial
resources, including regular monitoring and evaluation of such use. The
Conference shall decide on the arrangements to give effect to this provision
in consultation with the World Health Organization.
|
|
|
PART
IX:
|
|
|
|
Article
27
|
|
|
|
27.1
|
1. In the event of a dispute between
two or more Parties concerning the interpretation or application of this
Convention, the Parties concerned shall seek a settlement of the dispute
through negotiation or any other peaceful means of their own choice,
including the good offices of or mediation by a third party.
|
|
|
27.2
|
2. Failure to reach agreement by
negotiation, good offices or mediation shall not absolve parties to the
dispute from the responsibility of continuing to seek to resolve it. When
ratifying, accepting, approving, formally confirming or acceding to this
Convention, or at any time thereafter, a State or regional economic
integration organization may declare in writing to the Depositary that, for a
dispute not resolved in accordance with paragraph 1 of this Article, it
accepts, as compulsory, ad hoc arbitration in accordance with procedures to
be adopted by the Conference of the Parties.
|
|
|
27.3
|
3. This Article does not preclude
the application of the dispute settlement provisions of any other treaty in
force between two or more of the Parties in relation to disputes covered by
those provisions.
|
|
|
|
4. The provisions of this Article
shall apply with respect to any protocol, unless otherwise provided therein.
|
|
|
PART
X:
|
|
|
|
Article
28
|
|
|
|
|
1. Any Party may propose amendments
to this Convention. Such amendments will be considered by the Conference of
the Parties.
|
|
|
|
2. Amendments to this Convention
shall be adopted at any regular session of the Conference of the Parties. The
text of any proposed amendment to the Convention shall be communicated to the
Parties by the Secretariat at least six months before the meeting at which it
is proposed for adoption. The Secretariat shall also communicate proposed
amendments to the signatories of the Convention and, for information, to the
Depositary.
|
|
|
|
3. The Parties shall make every
effort to reach agreement by consensus on any proposed amendment to this
Convention. If all efforts at consensus have been exhausted, and no agreement
reached, the amendment shall as a last resort be adopted by a two-thirds
majority vote of the Parties present and voting at the session. The adopted
amendment shall be communicated by the Secretariat to the Depositary, who
shall circulate it to all Parties for their acceptance.
|
|
|
|
4. Instruments of acceptance in
respect of an amendment shall be deposited with the Depositary. An amendment adopted
in accordance with paragraph 3 of this Article shall enter into force for
those Parties having accepted it on the ninetieth day after the date of
receipt by the Depositary of an instrument of acceptance by at least
two-thirds of the Parties to this Convention.
|
|
|
|
5. The amendment shall enter into
force for any other Party on the ninetieth day after the date on which that
Party deposits with the Depositary its instrument of acceptance of the said
amendment.
|
|
|
Article
29
|
|
|
|
|
1. Annexes to this Convention shall
form an integral part thereof and, unless otherwise expressly provided, a
reference to the Convention constitutes at the same time a reference to any
annexes thereto.
|
|
|
|
2. Annexes to this Convention shall
be proposed and adopted in accordance with the procedure set forth in Article 28.
|
|
|
|
3. An annex that has been adopted in
accordance with paragraph 2 of this Article shall enter into force for all
Parties to this Convention six months after the date of the communication by
the Depositary to such Parties of the adoption of the annex, except for those
Parties that have notified the Depositary, in writing, within that period of
their non-acceptance of the annex. The annex shall enter into force for
Parties which withdraw their notification of non-acceptance on the ninetieth
day after the date on which withdrawal of such notification has been received
by the Depositary.
|
|
|
|
4. The proposal, adoption and entry
into force of amendments to annexes to this Convention shall be subject to
the same procedure as that for the proposal, adoption and entry into force of
annexes to the Convention, in accordance with paragraphs 2 and 3 of this
Article.
|
|
|
|
5. If the adoption of an annex or
an amendment to an annex involves an amendment to this Convention, that annex
or amendment to an annex shall not enter into force until such time as the
amendment to the Convention enters into force.
|
|
|
PART
XI:
|
|
|
|
Article
30
|
|
|
|
30
|
No reservations may be made to this
Convention.
|
|
|
Article
31
|
|
|
|
31.1
|
1. At any time after three years
from the date on which this Convention has entered into force for a Party,
that Party may withdraw from the Convention by giving written notification to
the Depositary.
|
|
|
31.2
|
2. Any such withdrawal shall take
effect upon expiry of one year from the date of receipt by the Depositary of
the notification of withdrawal, or on such later date as may be specified in
the notification of withdrawal.
|
|
|
31.3
|
3. Any Party that withdraws from
this Convention shall be considered as also having withdrawn from any
protocol to which it is a Party.
|
|
|
Article
32
|
|
|
|
32.1
|
1. Each Party to the Convention shall
have one vote, except as provided for in paragraph 2 of this Article.
|
|
|
32.2
|
2. Regional economic integration
organizations, in matters within their competence, shall exercise their right
to vote with a number of votes equal to the number of their Member States
that are Parties to this Convention. Such an organization shall not exercise
its right to vote if any of its Member States exercises its right, and vice
versa.
|
|
|
Article
33
|
|
|
|
33.1
|
1. Only Parties to this Convention
may be parties to a protocol to the Convention.
|
|
|
33.2
|
2. Any protocol to this Convention
shall be binding only on the parties to the protocol in question.
|
|
|
33.3
|
3. Decisions concerning any protocol
shall be taken only by the parties to the protocol concerned.
|
|
|
33.4
|
4. The requirements for entry into
force of any protocol shall be established by that protocol.
|
|
|
Article
34
|
|
|
|
34
|
This Convention shall be open for
signature by Member States of the World Health Organization and by regional
economic integration organizations at the World Health Organization
headquarters in Geneva from (day, month, year) to (day, month, year), and thereafter
at United Nations Headquarters in New York, from (day, month, year) to (day,
month, year).
|
|
|
Article
35
|
|
|
|
35.1
|
1. This Convention shall be subject
to ratification, acceptance, approval or accession by States and to acts of
formal confirmation by regional economic integration organizations. It shall
be open for accession from the day after the date on which the Convention is
closed for signature. Instruments of ratification, acceptance, approval,
formal confirmation or accession shall be deposited with the Depositary.
|
|
|
35.2
|
2. Any regional economic
integration organization which becomes a Party to this Convention without any
of its Member States being a Party shall be bound by all the obligations
under the Convention. In the case of those organizations, one or more of
whose Member States is a Party to the Convention, the organization and its
Member States shall decide on their respective responsibilities for the
performance of their obligations under the Convention. In such cases, the
organization and the Member States shall not be entitled to exercise rights
under the Convention concurrently.
|
|
|
35.3
|
3. In their instruments relating to
acts of formal confirmation, regional economic integration organizations
shall declare the extent of their competence with respect to the matters
governed by this Convention. These organizations shall also inform the Depositary,
who shall in turn inform the Parties, of any substantial modification in the
extent of their competence.
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Article
36
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36.1
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1. This Convention shall enter into
force on the ninetieth day following the date of deposit of the thirtieth
instrument of ratification, acceptance, approval, formal confirmation or
accession with the Depositary.
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36.2
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2. For each State that ratifies,
accepts or approves this 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.
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36.3
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3. For each regional economic
integration organization depositing an instrument relating to an act of
formal confirmation or an instrument of accession, this Convention shall enter
into force on the ninetieth day following the date of its depositing of the
instrument of formal confirmation or of accession.
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36.4
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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.
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Article
37
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37
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The Secretary-General of the United
Nations shall be the Depositary of this Convention and amendments thereto and
of protocols and annexes adopted in accordance with Articles 28, 29
and 33.
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Article
38
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38
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The original of this Convention, of
which the Arabic, Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited with the Secretary-General of the
United Nations.
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IN WITNESS WHEREOF the undersigned,
being duly authorized to that effect, have signed this Convention. DONE at
GENEVA this [date of month] two thousand and three.
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