World Intellectual Property Organization

WHO Framework Convention on Tobacco Control

Azerbaijan

Declaration made upon accession:
"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 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."

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."

Brazil

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 made upon ratification:
"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

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 made upon ratification:
"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 (EU)

Declaration made upon ratification:
"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)."

Declaration made upon signature:
"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."

Guatemala

Declaration made upon ratification:
"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."

Declaration made upon signature:
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."

Israel

Objection made upon ratification:
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 above-mentioned 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."

Syrian Arab Republic

Declaration made upon ratification:
"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."

Uruguay

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'."

Viet Nam

Declaration made upon ratification:
"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."

 

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