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TL. BỘ TRƯỞNG BỘ NGOẠI
GIAO |
WHO Framework
Convention on Tobacco Control
Preamble
The Parties to this Convention,
Determined to give
priority to their right to protect public health,
Recognizing that the spread
of the tobacco epidemic is a global problem with serious consequences for
public health that calls for the widest possible international cooperation and
the participation of all countries in an effective, appropriate and
comprehensive international response,
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,
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 families, on the poor, and on national health systems,
Recognizing that scientific
evidence has unequivocally established that tobacco consumption and exposure to
tobacco smoke cause 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,
Recognizing also that cigarettes
and some other products containing tobacco are highly engineered so as to
create and maintain dependence, and that many of the compounds they contain and
the smoke they produce are pharmacologically active, toxic, mutagenic and
carcinogenic, and that tobacco dependence is separately classified as a
disorder in major international classifications of diseases,
Acknowledging that there is
clear scientific evidence that prenatal exposure to tobacco smoke causes
adverse health and developmental conditions for children,
Deeply concerned about the
escalation in smoking and other forms of tobacco consumption by children and
adolescents worldwide, particularly smoking at increasingly early ages
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 policymaking and implementation and the need for gender-specific
tobacco control strategies,
Deeply concerned about the high
levels of smoking and other forms of tobacco consumption by indigenous peoples,
Seriously concerned about the
impact of all forms of advertising, promotion and sponsorship aimed at
encouraging the use of tobacco products,
Recognizing that
cooperative action is necessary, to eliminate all forms of illicit trade in
cigarettes and other tobacco products, including smuggling, illicit,
manufacturing and counterfeiting,
Acknowledging that tobacco
control at all levels and particularly in developing countries and in countries
with economies in transition requires sufficient financial and technical
resources commensurate with the current and projected need for tobacco control
activities,
Recognizing the need to
develop appropriate mechanisms to address the long-term social and economic
implications of successful tobacco demand reduction strategies,
Mindful of the social
and economic difficulties that tobacco control programmes may engender in the
medium and long term in some developing countries and countries with economies
in transition, and recognizing their need for technical and financial
assistance in the context of nationally developed strategies for sustainable
development,
Conscious of the valuable
work being conducted by many States on tobacco control and commending the
leadership of the World Health Organizations 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,
Emphasizing the special
contribution of nongovernmental organizations and other members of civil
society not affiliated with the tobacco industry, including health professional
bodies, women's, youth, environmental and consumer groups, and academic and
health care institutions, to tobacco control efforts nationally and
internationally and the vital importance of their participation in national and
international tobacco control efforts,
Recognizing the need to be
alert to any efforts by the tobacco industry to undermine or subvert tobacco
control efforts and the need to be informed of activities of the tobacco
industry that have a negative impact on tobacco control efforts,
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 states that it
is the right of everyone to the enjoyment of the highest attainable standard of
physical and mental health,
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,
Determined to promote
measures of tobacco control based on current and relevant scientific, technical
and economic considerations,
Recalling that the
Convention on the Elimination of All Forms of Discrimination against Women,
adopted by the United Nations General Assembly on 18 December 1979, provides
that States Parties to that Convention shall take appropriate measures to
eliminate discrimination against women in the field of healthcare,
Recalling further that the
Convention on the Rights of the Child, adopted by the United Nations General
Assembly on 20 November 1989, provides that States Parties to that Convention
recognize the right of the child to the enjoyment of the highest attainable
standard of health, Have agreed, as follows:
Article 1
For the purposes of this Convention:
(a) "illicit trade" means any
practice or conduct prohibited by law and which relates to production,
shipment, receipt, possession, distribution, sale or purchase including any
practice or conduct intended to facilitate such activity;
(b) "regional economic integration
organization" means an organization that is composed of several sovereign
states, and to which its Member States have transferred competence over a range
of matters, including the authority to make decisions binding on its Member
States in respect of those matters;1
(c) "tobacco advertising and
promotion" means any form of commercial, communication, recommendation or
action with the aim, effect or likely effect of promoting a tobacco product or
tobacco use either directly or indirectly;
(d) "tobacco control" means a
range of supply, demand and harm reduction strategies that aim to improve the
health of a population by eliminating or reducing their consumption of tobacco
products and exposure to tobacco smoke;
(e) "tobacco industry" means
tobacco manufacturers, wholesale distributors and importers of tobacco
products;
(f) "tobacco products" means
products entirely or partly made of the leaf tobacco as raw material which are
manufactured to be used for smoking, sucking, chewing or snuffing;
1 Where
appropriate, national will refer equally to regional economic integration
organizations.
(g) "tobacco sponsorship"
means any form of contribution to any event, activity or individual with the
aim, effect or likely effect of promoting a tobacco product or tobacco use
either directly or indirectly;
Article 2
Relationship
between this Convention and other agreements and legal instruments
1. In order to better protect human
health, Parties are encouraged to implement measures beyond those required by
this Convention and its 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 international law.
2. The provisions of the Convention and
its 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 the Convention and its
protocols, provided that such agreements are compatible with their obligations
under the Convention and its protocols. The Parties concerned shall communicate
such agreements to the Conference of the Parties through the Secretariat.
PRINCIPLES
AND GENERAL OBLIGATIONS
Article 3
The
objective of this Convention and its 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 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.
Article 4
To
achieve the objective of this Convention and its protocols and to implement
its provisions, the Parties shall be guided, inter alia, by the principles set
out below:
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 effective legislative, executive,
administrative or other measures should be contemplated at the appropriate
governmental level to protect all persons from exposure to tobacco smoke.
2. Strong political commitment is
necessary to develop and support, at the national, regional and international
levels, comprehensive multisectoral measures and coordinated responses, taking
into consideration:
(a) the need to take measures to
protect all persons from exposure to tobacco smoke;
(b) the need to take measures to
prevent the initiation, to promote and support cessation, and to decrease the
consumption of tobacco products in any form;
(c) the need to take measures to
promote the participation of indigenous individuals and communities in the
development, implementation and evaluation of tobacco control programmes that
are socially and culturally appropriate to their needs and perspectives; and
(d) the need to take measures to
address gender-specific risks when developing tobacco control strategies.
3. International cooperation,
particularly transfer of technology, knowledge and financial assistance and
provision of related expertise, to establish and implement effective tobacco
control programmes, taking into consideration local culture, as well as social,
economic, political and legal factors, is an important part of the Convention.
4. Comprehensive multisectoral measures
and responses to reduce consumption of all tobacco products at the national,
regional and international levels are essential so as to prevent, in
accordance with public health principles, the incidence of diseases, premature
disability and mortality due to tobacco consumption and exposure to tobacco
smoke.
5. Issues relating to liability, as
determined by each Party within its jurisdiction, are an important part of
comprehensive tobacco control.
6. The importance of technical and
financial assistance to aid the economic transition of tobacco growers and
workers whose livelihoods are seriously affected as a consequence of tobacco
control programmes in developing country Parties, as well as Parties with
economies in transition, should be recognized and addressed in the context of
nationally developed strategies for sustainable development. .
7. The participation of civil society is
essential in achieving the objective of the Convention and its protocols.
Article 5
1.
Each Party shall develop, implement, periodically update and review
comprehensive multisectoral national tobacco control strategies, plans and
programmes in accordance with this Convention and the protocols to which it is
a Party.
2. Towards this end, each Party shall,
in accordance with its capabilities:
(a) establish or reinforce and finance a
national coordinating mechanism or focal points for tobacco control; and
(b) adopt and implement effective
legislative, executive, administrative and/or other measures and cooperate, as
appropriate, with other Parties in developing appropriate policies for
preventing and reducing tobacco consumption, nicotine addiction and exposure to
tobacco smoke.
3. In setting and implementing their
public health policies with respect to tobacco control, Parties shall act to
protect these policies from commercial and other vested interests of the
tobacco industry in accordance with national law.
4. The Parties shall cooperate in the
formulation of proposed measures, procedures and guidelines for the
implementation of the Convention and the protocols to which they are Parties.
5. The Parties shall cooperate, as
appropriate, with competent international and regional intergovernmental
organizations and other bodies to achieve the objectives of the Convention
and the protocols to which they are Parties.
6. The Parties shall, within means and
resources at their disposal, cooperate to raise financial resources for
effective implementation of the Convention through bilateral and multilateral
funding mechanisms.
PART III:
MEASURES REIATING TO THE REDUCTION OF DEMAND FOR TOBACCO
Article 6
Price and tax
measures to reduce the demand for tobacco
1. The Parties recognize that price and
tax measures are an effective and important means of reducing tobacco
consumption by various segments of the population, in particular young
persons.
2.
Without prejudice to the sovereign right of the Parties to determine and
establish their taxation policies, each Party should take account of its
national health objectives concerning tobacco control and adopt or maintain, as
appropriate, measures which may include:
(a) implementing tax policies and, where
appropriate, price policies, on tobacco products so as to contribute to the
health objectives aimed at reducing tobacco consumption; and
(b) prohibiting or restricting, as
appropriate, sales to and/or importations by international travellers of tax-
and duty-free tobacco products.
3. The Parties shall provide rates of
taxation for tobacco products and trends in tobacco consumption in their
periodic reports to the Conference of the Parties, in accordance with Article
21.
Article 7
Non-price
measures to reduce the demand for tobacco
The Parties recognize that
comprehensive non-price measures are an effective and important means of
reducing tobacco consumption. Each Party shall adopt and implement effective
legislative, executive, administrative or other measures necessary to implement
its obligations pursuant to Articles 8 to 13 and shall cooperate, as
appropriate, with each other directly or through competent international
bodies with a view to their implementation. The Conference of the Parties shall
propose appropriate guidelines for the implementation of the provisions of
these Articles.
Article 8
Protection from
exposure to tobacco smoke
1.
Parties recognize that scientific evidence has unequivocally established that
exposure to tobacco smoke causes death, disease and disability.
2. Each, Party shall adopt and
implement in areas of existing national jurisdiction as determined by national
law and actively promote at other jurisdictional levels the adoption and
implementation of effective legislative, executive, administrative and/or
other measures, providing for protection from exposure to tobacco smoke in
indoor workplaces, public transport, indoor public places and, as appropriate,
other public places.
Article 9
Regulation of
the contents of tobacco products
The
Conference of the Parties, in consultation with competent international
bodies, shall propose guidelines for testing and measuring the contents and
emissions of tobacco products, and for the regulation of these contents and
emissions. Each 'Party shall, where approved by competent national
authorities, adopt and implement effective legislative, executive and
administrative or other measures 'for such testing and measuring, and for such
regulation.
Regulation of
tobacco product disclosures
Each Party shall, in accordance with its
national law, 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. Each Party shall further adopt and
implement effective measures for public disclosure of information about the
toxic constituents of the tobacco products and the emissions that they may
produce.
Article 11
Packaging and la-belling of tobacco products
1. Each Party shall, within a period of
three years after entry into force of this Convention for that Party, adopt and
implement, in accordance with its national law, effective measures to ensure
that:
(a) tobacco product packaging and
la-belling do not promote a tobacco product by any means that are false,
misleading, deceptive or likely to create an erroneous impression about its
characteristics, health effects, hazards or emissions, including any term,
descriptor, trademark, figurative or any other sign that directly or indirectly
creates the false impression that a particular tobacco product is less harmful
than other tobacco products. These may include terms such as "low
tar", "light", "ultra-light", or "mild"; and
(b) each unit packet and package of
tobacco products and any outside packaging and la-belling of such products
also carry health warnings describing the harmful effects of tobacco use, and
may include other appropriate messages. These warnings and messages:
(i) shall be approved by the competent
national authority,
(ii) shall be rotating,
(iii) shall be large, clear, visible and
legible,
(iv) should be 50% or more of the
principal display areas but shall be no less than 30% of the principal display
areas,
(v) may be in the form of or include
pictures or pictograms.
2. Each unit packet and package of
tobacco products and any outside packaging and la-belling of such products
shall, in addition to the warnings specified in paragraph l (b) of this
Article, contain information on relevant constituents and emissions of tobacco
products as defined by national authorities.
3. Each Party shall require that
the warnings and other textual information specified in paragraphs l (b) and
paragraph 2 of this Article will appear on each unit packet and package of
tobacco products and any outside packaging and la-belling of such products in
its principal language or languages.
4. For the purposes of this Article, the
term "outside packaging and labelling" in relation to tobacco
products applies to any packaging and labelling used in the retail sale of the
product.
Article 12
Education,
communication, training and public awareness
Each Party shall promote and strengthen
public awareness of tobacco control issues, using all available communication
tools, as appropriate. Towards this end, each Party shall adopt and implement
effective legislative, executive, administrative or other measures to promote:
(a) broad access to effective and
comprehensive educational and public awareness programmes on the health risks
including the addictive characteristics of tobacco consumption and exposure to
tobacco smoke;
(b) public awareness 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;
(c) public access, in accordance with
national law, to a wide range of information on the tobacco industry as
relevant to the objective of this Convention;
(d) effective and appropriate training
or sensitization and awareness programmes on tobacco control addressed to
persons such as health workers, community workers, social workers, media
professionals, educators, decision-makers, administrators and other concerned
persons;
(e) awareness and participation 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
(f) public awareness of and access to
information regarding the adverse health, economic, and environmental
consequences of tobacco production and consumption.
Article 13
Tobacco
advertising, promotion and sponsorship
1. Parties recognize that a
comprehensive ban on advertising, promotion and sponsorship would reduce the
consumption of tobacco products.
2.
Each Party shall, in accordance with its constitution or constitutional
principles, undertake a comprehensive ban of all tobacco advertising,
promotion and sponsorship. This shall include, subject to the legal environment
and technical means available to that Party, a comprehensive ban on cross
border advertising, promotion and sponsorship originating from its territory.
In this respect, within the period of five years after entry into force of this
Convention for that Party, each Party shall undertake appropriate legislative,
executive, administrative and/ or other measures and report accordingly in
conformity with Article 21.
3. A Party that is not in a position to
undertake a comprehensive ban due to its constitution or constitutional
principles shall apply restrictions on all tobacco advertising, promotion and
sponsorship. This shall include, subject to the legal environment and technical
means available to that Party, restrictions or a comprehensive ban on
advertising, promotion and sponsorship originating from its territory with
cross-border effects. In this respect, each Party shall undertake appropriate
legislative, executive, administrative and/or other measures and report
accordingly in conformity with Article 21.
4. As a minimum, an in accordance with
its constitution or constitutional principles, each Party shall:
(a) prohibit all forms of tobacco
advertising, promotion and sponsorship that promote a tobacco product by any
means that are false, misleading or deceptive or likely to create an erroneous
impression about its characteristics, health effects, hazards or emissions;
(b) require that health or other
appropriate warnings or messages accompany all tobacco advertising and, as
appropriate, promotion and sponsorship;
(c) restrict the use of direct or
indirect incentives that encourage the purchase of tobacco products by the
public;
(d) require, if it does not have a
comprehensive ban, the disclosure to relevant governmental authorities of
expenditures by the tobacco industry on advertising, promotion and sponsorship
not yet prohibited. Those authorities may decide to make those figures
available, subject to national law, to the public and to the Conference of the
Parties, pursuant to Article 21;
(e) undertake a comprehensive ban or, in
the case of a Party that is not in a position to undertake a. comprehensive
ban due to its constitution or constitutional principles, restrict tobacco
advertising, promotion and sponsorship on radio, television, print media and,
as appropriate, other media, such as the internet, within a period of five
years; and
(f) prohibit, or in the case of a Party
that is not in a position to prohibit due to its constitution or constitutional
principles restrict, tobacco sponsorship of international events, activities
and/or participants therein.
5. Parties are encouraged to implement
measures beyond the obligations set out in paragraph 4.
6. Parties shall cooperate in the
development of technologies and other means necessary to facilitate the
elimination of cross-border advertising.
7. Parties which have a ban on certain
forms of tobacco advertising, promotion and sponsorship have the sovereign
right to ban those forms of cross-border tobacco advertising, promotion and
sponsorship entering their territory and to impose equal penalties as those
applicable to domestic advertising, promotion and sponsorship originating from
their territory in accordance with their national law. This paragraph does not
endorse or approve of any particular penalty.
8. Parties shall consider the
elaboration of a protocol setting out appropriate measures that require
international collaboration for a comprehensive ban on cross-border
advertising, promotion and sponsorship.
Article 14
Demand
reduction measures concerning tobacco dependence and cessation
1. Each Party shall develop and
disseminate appropriate, comprehensive and integrated guidelines based on
scientific evidence and best practices, taking into account national
circumstances and priorities, and shall take effective measures to promote cessation
of tobacco use and adequate treatment for tobacco dependence.
2. Towards this end, each Party shall
endeavour to:
(a) design and implement effective
programmes aimed at promoting the cessation of tobacco use, in such locations
as educational institutions, health care facilities, workplaces and sporting
environments;
(b) include diagnosis and treatment of
tobacco dependence and count selling 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 as
appropriate;
(c) establish in health care facilities
and rehabilitation centres programmes for diagnosing, count selling, preventing
and treating tobacco dependence; and
(d) collaborate with other Parties to
facilitate accessibility and afford ability for treatment of tobacco
dependence including pharmaceutical products pursuant to Article 22. Such
products and their constituents may include medicines, products used to
administer medicines and diagnostics when appropriate.
PART IV:
MEASURES RELATING TO THE REDUCTION OF THE SUPPLY OF TOBACCO
Article 15
Illicit trade
in tobacco products
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 sub
regional, regional and global agreements, are essential components of tobacco
control.
2. 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 are marked to assist Parties in determining the
origin of tobacco products, and in accordance with national law and relevant
bilateral or multilateral agreements, assist Parties in determining the point
of diversion and monitor, document and control the movement of tobacco
products and their legal status. In addition, each Party shall:
(a) require that unit packets and
packages of tobacco products for retail and wholesale use that are sold on its
domestic market carry the statement: "Sales only allowed in (insert name
of the country, sub national, regional or federal unit)" or carry any
other effective marking indicating the final destination or which would assist
authorities in determining whether the product is legally for sale on the
domestic market; and
(b) consider, as appropriate, developing
a practical tracking and tracing regime that would further secure the
distribution system and assist in the investigation of illicit trade.
3. Each Party shall require that the
packaging information or marking specified in paragraph 2 of this Article
shall be presented in legible form and/or appear in its principal language or
languages.
4. With a view to eliminating illicit
trade in tobacco products, each Party shall:
(a) monitor and collect data on cross
border trade in tobacco products, including illicit trade, and exchange
information among customs, tax and other authorities, as appropriate, and in
accordance with national law and relevant applicable bilateral or multilateral
agreements;
(b) enact or strengthen legislation,
with appropriate penalties and remedies, against illicit trade in tobacco
products, including counterfeit and contraband cigarettes;
(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 where feasible, or disposed of in accordance
with national law;
(d) adopt and implement measures to
monitor, document and control the storage and distribution of tobacco products
held or moving under suspension of taxes or duties within its jurisdiction; and
(e) adopt measures as appropriate to
enable the confiscation of proceeds derived from the illicit trade in tobacco
products.
5. Information collected pursuant to
subparagraphs 4(a) and 4(d) of this Article shall, as appropriate, be provided
in aggregate form by the Parties in their periodic reports to the Conference of
the Parties, in accordance with Article 21.
6. The Parties shall, as appropriate and
in accordance with national law, promote cooperation between national agencies,
as well as relevant regional and international intergovernmental organizations
as it relates to investigations, prosecutions and proceedings, with a view to
eliminating illicit trade in tobacco products. Special emphasis shall be
placed on cooperation at regional and sub regional levels to combat illicit
trade of tobacco products.
7. 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
Sales to and by minors
1. Each Party shall adopt and implement
effective legislative, executive, administrative or other measures at the
appropriate government level to prohibit the sales of tobacco products to
persons under the age set by domestic law, national law or eighteen. These
measures may include:
(a) requiring that all sellers of
tobacco products place a clear and prominent indicator inside their point of
sale about the prohibition of tobacco sales to minors and, in case of doubt,
request that each tobacco purchaser provide appropriate evidence of having
reached full legal age;
(b) banning the sale of tobacco products
in any manner by which they are directly accessible, such as store shelves;
(c) prohibiting the manufacture and sale
of sweets, snacks, toys or any other objects in the form of tobacco products
which appeal to minors; and
(d) ensuring that tobacco vending
machines under its jurisdiction are not accessible to minors and do not
promote the sale of tobacco products to minors.
2. Each Party shall prohibit or promote
the prohibition of the distribution of free tobacco products to the public and
especially minors.
3. Each Party shall endeavour to
prohibit the sale of cigarettes individually or in small packets which
increase the affordability of such products to minors.
4. The Parties recognize that in order
to increase their effectiveness, measures to prevent tobacco product sales to
minors should, where appropriate, be implemented in conjunction with other
provisions contained in this Convention.
5. When signing, ratifying, accepting,
approving or acceding to the Convention or at any time thereafter, a Party may,
by means of a binding written declaration, indicate its commitment to prohibit
the introduction of tobacco vending machines within its jurisdiction or, as
appropriate, to a total ban on tobacco vending machines. The declaration made
pursuant to this Article shall be circulated by the Depositary to all Parties
to the Convention.
6. 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
the obligations contained in paragraphs 1-5 of this Article.
7. Each Party should, as appropriate,
adopt and implement effective legislative, executive, administrative or other
measures to prohibit the sales of tobacco products by persons under the age
set by domestic law, national law or eighteen.
Article 17
Provision of
support for economically viable alternative activities
Parties shall, in cooperation with each
other and with competent international and regional intergovernmental
organizations, promote, as appropriate, economically viable alternatives for
tobacco workers, growers and, as the case may be, individual sellers.
PART V: PROTECTION OF THE ENVIRONMENT
Article 18
Protection of
the environment and the health of persons
In carrying out their obligations under
this Convention, the Parties agree to have due regard to the protection of the
environment and the health of persons in relation to the environment in respect
of tobacco cultivation and manufacture within their respective territories.
PART VI:
QUESTIONS RELATED TO LIABILITY
Article 19
1. For the purpose of tobacco control,
the Parties shall consider taking legislative action or promoting their
existing laws, where necessary, to deal with criminal and civil liability,
including compensation where appropriate.
2.
Parties shall cooperate with each other in exchanging information through the
Conference of the Parties in accordance with Article 21 including:
(a) information on the health effects of
the consumption of tobacco products and exposure to tobacco smoke in accordance
with Article 20.3(a); and
(b) information on legislation and
regulations in force as well as pertinent jurisprudence.
3. The Parties shall, as appropriate and
mutually agreed, within the limits of national legislation, policies, legal
practices and applicable existing treaty arrangements, afford one another
assistance in legal proceedings relating to civil and criminal liability
consistent with this Convention.
4. The Convention shall in no way
affect or limit any rights of access of the Parties to each other's courts
where such rights exist.
5. The Conference of the Parties may
consider, if possible, at an early stage, taking account of the work being
done in relevant international for-a, issues related to liability including
appropriate international approaches to these issues and appropriate means to
support, upon request, the Parties in their legislative and other activities in
accordance with this Article.
PART VII:
SCIENTIFIC AND TECHNICAL COOPERATION AND COMMUNICATION OF INFORMATION
Article 20
Research, surveillance and exchange of information
1. The Parties undertake to develop and
promote national research and to coordinate research programmes at the regional
and international levels in the field of tobacco control. Towards this end,
each Party shall:
(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 as well as research for identification of alternative crops; and
(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.
2. The Parties shall establish, as
appropriate, 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 international levels, as appropriate.
3. Parties recognize the importance of
financial and technical assistance from international and regional
intergovernmental organizations and other bodies. Each Party shall endeavour
to:
(a) establish progressively a national
system for the epidemiological surveillance of tobacco consumption and related
social, economic and health indicators;
(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 3(a) of this Article; and
(c) cooperate with the World Health
Organization in the development of general guidelines or procedures for
defining the collection, analysis and dissemination of tobacco -related
surveillance data.
4. The Parties shall, subject to
national law, promote and facilitate the exchange of publicly available
scientific, technical, socioeconomic, commercial and legal information, as
well as information regarding practices of the tobacco industry and the cultivation
of tobacco, which is relevant to this Convention, and in so doing shall take
into account and address the special needs of developing country Parties and
Parties with economies in transition. Each Party shall endeavour to:
(a) progressively establish and
maintain an updated database of laws and regulations on tobacco control and,
as appropriate, information about their enforcement, as well as pertinent
jurisprudence, and cooperate in the development of programmes for regional and
global tobacco control;
(b) progressively establish and
maintain updated data from national surveillance programmes in accordance
with paragraph 3(a) of this Article; and
(c) cooperate with competent
international organizations to progressively establish and maintain a global
system to regularly collect and disseminate information on tobacco production,
manufacture and the activities of the tobacco industry which have an impact on
the Convention or national tobacco control activities.
5. Parties should cooperate in regional
and international intergovernmental organizations and financial and
development institutions of which they are members, to promote and encourage
provision of technical and financial resources to the Secretariat to assist
developing country Parties and Parties with economies in transition to meet
their commitments on research, surveillance and exchange of information.
Article 21
Reporting
and exchange of information
1. Each Party shall submit to the Conference of the Parties, through the
Secretariat, periodic reports on its implementation of this Convention, which
should include the following:
(a) information on legislative,
executive, administrative or other measures taken to implement the Convention;
(b) information, as appropriate, on any
constraints or barriers encountered in its implementation of the Convention,
and on the measures taken to overcome these barriers;
(c) information, as appropriate, on
financial and technical assistance provided or received for tobacco control
activities;
(d) information on surveillance and
research as specified in Article 20; and
(e) information specified in
Articles 6.3, 13.2, 13.3, 13.4(d), 15.5 and 19.2.
2.
The frequency and format of such reports by all Parties shall be determined by
the Conference of the Parties. Each Party shall make its initial report within
two years of the entry into force of the Convention for that Party.
3. The Conference of the Parties,
pursuant to Articles 22 and 26, shall consider arrangements to assist
developing country Parties and Parties with economies in transition, at their
request, in meeting their obligations under this Article.
4. The reporting and exchange of
information under the Convention shall be subject to national law regarding
confidentiality and privacy. The Parties shall protect, as mutually agreed,
any confidential information that is exchanged.
Article 22
Cooperation in
the scientific, technical, and legal fields and provision of related expertise
1. The Parties shall cooperate directly
or through competent international bodies to strengthen their capacity to
fulfill the obligations arising from this Convention, taking into account the
needs of developing country Parties and Parties with economies in transition.
Such cooperation shall promote the transfer of technical, scientific and legal
expertise and technology, as mutually agreed, to establish and strengthen
national tobacco control strategies, plans and programmes aiming at, inter
alia:
(a) facilitation of the development,
transfer and acquisition of technology, knowledge, skills, capacity and
expertise related to tobacco control;
(b) provision of technical, scientific,
legal and other expertise to establish and strengthen national tobacco control
strategies, plans and programmes, aiming at implementation of the Convention
through, inter alia:
(i) assisting, upon request, 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;
(ii) assisting, as appropriate, tobacco
workers in the development of appropriate economically and legally viable
alternative livelihoods in an economically viable manner; and
(iii) assisting, as appropriate, tobacco
growers in shifting agricultural production to alternative crops in an
economically viable manner;
(c) support for appropriate training or
sensitization programmes for appropriate personnel in accordance with Article
12;
(d) povision, as appropriate, of the
necessary material, equipment and supplies, as well as logistical support, for
tobacco control strategies, plans and programmes;
(e) identification of methods for
tobacco control, including comprehensive treatment of nicotine addiction; and
(f) promotion, as appropriate, of
research to increase the affordability of comprehensive treatment of nicotine
addiction.
2. The Conference of the Parties shall
promote and facilitate transfer of technical, scientific and legal expertise
and technology with the financial support secured in accordance with Article
26.
PART VIII:
INSTITUTIONAL ARRANGEMENTS AND FINANCIAL RESOURCES
Article 23
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.
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.
3. The Conference of the Parties shall
adopt by consensus its Rules of Procedure at its first session.
4. The Conference of the Parties shall
by consensus adopt financial rules for itself as well as governing the funding
of any subsidiary bodies it may establish as well as financial provisions
governing the functioning of the Secretariat. At each ordinary session, it
shall adopt a budget for the financial period until the next ordinary session.
5. The Conference of the Parties shall
keep under regular review the implementation of the 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. Towards this end, it shall:
(a) promote and facilitate the exchange
of information pursuant to Articles 20 and 21;
(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;
(c) promote, as appropriate, the
development, implementation and evaluation of strategies, plans, and
programmes, as well as policies, legislation and other measures;
(d) consider reports submitted by the
Parties in accordance with Article 21 and adopt regular reports on the
implementation of the Convention;
(e) promote and facilitate the
mobilization of financial resources for the implementation of the Convention
in accordance with Article 26;
(f) establish such subsidiary bodies as
are necessary to achieve the objective of the Convention;
(g) request, where appropriate, the
services and cooperation of, and information provided by, competent and
relevant 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
(h) consider other action, as
appropriate, for the achievement of the objective of the Convention in the
light of experience gained in its implementation.
6. The Conference of the Parties shall
establish the criteria for the participation, of observers at its proceedings.
Article 24
1. The Conference of the Parties shall
designate a permanent secretariat and make arrangements for its functioning.
The Conference of the Parties shall endeavour to do so at its first session.
2. Until such time as a permanent
secretariat is designated and established, secretariat functions under this
Convention shall be provided by the World Health Organization.
3. Secretariat functions shall be:
(a) to make arrangements for sessions of
the Conference of the Parties and any subsidiary bodies and to provide them
with services as required;
(b) to transmit reports received
by it pursuant to the Convention;
(c) to provide support to the Parties,
particularly developing country Parties and Parties with economies in
transition, on request, in the compilation and communication of information
required in accordance with the provisions of the Convention;
(d) to prepare reports on its activities
under the Convention under the guidance of the Conference of the Parties and
submit them to the Conference of the Parties;
(e) to ensure, under the guidance of the
Conference of the Parties, the necessary coordination with the competent
international and regional intergovernmental organizations and other bodies;
(f) to enter, under the 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
(g) to perform other secretariat
functions specified by the Convention and by any of its protocols and such
other functions as may be determined by the Conference of the Parties.
Article 25
Relations
between the Conference of the Parties and intergovernmental organizations
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 including
financial and development institutions.
Article 26
1. The Parties recognize the important
role that financial resources play in achieving the objective of this
Convention.
2. Each Party shall provide financial
support in respect of its national activities intended to achieve the objective
of the Convention, in accordance with its national plans, priorities and
programmes.
3. Parties shall promote, as
appropriate, the utilization of bilateral, regional, subregional and other
multilateral channels to provide funding for the development and
strengthening of multisectoral comprehensive tobacco control programmes of
developing country Parties and Parties with economies in transition.
Accordingly, economically viable alternatives to tobacco production, including
crop diversification should be addressed and supported in the context of
nationally developed strategies of sustainable development.
4. Parties represented in relevant
regional and international intergovernmental organizations, and financial and
development institutions shall encourage these entities to provide financial
assistance for developing country Parties and for Parties with economies in
transition to assist them in meeting their obligations under the Convention,
without limiting the rights of participation within these organizations.
5. The Parties agree that:
(a) to assist Parties in meeting their
obligations under the Convention, all relevant potential and existing
resources, financial, technical, or otherwise, both public and private that are
available for tobacco control activities, should be mobilized and utilized
for the benefit of all Parties, especially developing countries and countries
with economies in transition;
(b) the Secretariat shall advise
developing country Parties and Parties with economies in transition, upon
request, on available sources of funding to facilitate the implementation of
their obligations under the Convention;
(c) the Conference of the Parties in its
first session shall review existing and potential sources and mechanisms of
assistance based on a study conducted by the Secretariat and other relevant
information, and consider their adequacy; and
(d) the results of this review shall be
taken into account by the Conference of the Parties in determining the
necessity to enhance existing mechanisms or to establish a voluntary global
fund or other appropriate financial mechanisms to channel additional financial
resources, as needed, to developing country Parties and Parties with economies
in transition to assist them in meeting the objectives of the Convention.
PART IX: SETTLEMENT OF DISPUTES
Article 27
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 through diplomatic channels a
settlement of the dispute through negotiation or any other peaceful means of
their own choice, including good offices, mediation, or conciliation. Failure
to reach agreement by good offices, mediation or conciliation shall not absolve
parties to the dispute from the responsibility of continuing to seek to resolve
it.
2. When ratifying, accepting,
approving, formally confirming or acceding to the 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 consensus by the Conference of
the Parties.
3. The provisions of this Article shall
apply with respect to any protocol as between the parties to the protocol,
unless otherwise provided therein.
PART X:
DEVELOPMENT OF THE CONVENTION
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 the Convention shall be
adopted by 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 session 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 the Convention. If
all efforts at consensus have been exhausted, and no agreement reached, the
amendment shall as a last resort be adopted by a three-quarters majority vote
of the Parties present and voting at the session. For purposes of this Article,
Parties present and voting means Parties present and casting an affirmative or
negative vote. Any adopted amendment shall be communicated by the Secretariat to
the Depositary, who shall circulate it to all Parties for 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 the 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
Adoption
and amendment of annexes to this Convention
1. Annexes to this Convention and
amendments thereto shall be proposed, adopted and shall enter into force in
accordance with the procedure set forth in Article 28.
2. Annexes to the 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.
3. Annexes shall be restricted to
lists, forms and any other descriptive material relating to procedural,
scientific, technical
or administrative matters.
PART XI:
FINAL PROVISIONS
Article 30
No reservations may be
made to this Convention.
Article 31
1. At any time after two 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.
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.
3. Any Party that withdraws from the
Convention shall be considered as also having withdrawn from any protocol to
which it is a Party.
Article 32
1. Each Party to this Convention shall have one vote, except as provided for in
paragraph 2 of this Article.
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 the 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
1. Any Party may propose protocols. Such
proposals will be considered by the Conference of the Parties.
2. The Conference of the Parties may
adopt protocols to this Convention. In adopting these protocols every effort
shall be made to reach consensus. If all efforts at consensus have been
exhausted, and no agreement reached, the protocol shall as a last resort be
adopted by a three quarters majority vote of the Parties present and voting at
the session. For the purposes of this Article, Parties present and voting means
Parties present and casting an affirmative or negative vote.
3. The text of any proposed protocol
shall be communicated to the Parties by the Secretariat at least six months
before the session at which it is proposed for adoption.
4. Only Parties to the Convention may be
parties to a protocol.
5. Any protocol to the Convention shall
be binding only on the parties to the protocol in question. Only Parties to a
protocol may take decisions on matters exclusively, relating to the protocol
in question.
6. The requirements for entry into force
of any protocol shall be established by that instrument.
Article 34
This Convention shall be open for
signature by all Members of the World Health Organization and by any States
that are not Members of the World Health Organization but are members of the
United Nations and by regional economic integration organizations at the World
Health Organization Headquarters in Geneva from 16 June 2003 to 22 June 2003,
and thereafter at United Nations Headquarters in New York, from 30 June 2003 to
29 June 2004.
Article 35
Ratification,
acceptance, approval, formal confirmation or accession
1. This Convention shall be subject to
ratification, acceptance, approval or accession by States and to formal
confirmation or accession 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.
2. Any regional economic integration
organization which becomes a Party to the 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.
3. Regional economic integration
organizations shall, in their instruments relating to formal confirmation or
in their instruments of accession, declare the extent of their competence with
respect to the matters governed by the 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.
Article 36
1. This Convention shall enter into
force on the ninetieth day following the date of deposit of the fortieth
instrument of ratification, acceptance, approval, formal confirmation or
accession with the Depositary.
2. For each State that ratifies; accepts
or approves the Convention or accedes thereto after the conditions set out in
paragraph of this Article for entry into force have been fulfilled, the
Convention shall enter into force on the ninetieth day following the date of
deposit of its instrument of ratification, acceptance, approval or accession.
3. For each regional economic
integration organization depositing an instrument of formal confirmation or
an instrument of accession after the conditions set out in paragraph 1 of this
Article for entry into force have been fulfilled, the Convention shall enter
into force on the ninetieth day following the date of its depositing of the
instrument of formal confirmation or of accession.
4. For the purposes of this Article, any
instrument deposited by a regional economic integration organization shall not
be, counted as additional to those deposited by States Members of the
organization.
Article 37
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.
Article 38
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.
IN WITNESS WHEREOF the undersigned,
being duly authorized to that effect, have signed this Convention.
DONE at GENEVA this twenty-first day of
May two thousand and three.
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