13 SEPTEMBER 2004. - An Act to Enact the Framework Convention of the World Health Organization for Tobacco Control, adopted in Geneva on 21 May 2003. - Addendum (1) (2)

(1) See also Belgian Monitor of 10 November 2004, edition 4, page 75791.
(2) See Decree of the Flemish Community/ Flemish Region of 14 October 2005 (Belgian Monitor of 31 October 2005).
Decree of the French Community of 12 May 2004 (Moniteur belge of 4 June 2004 (Ed 2).
Decree of the German-speaking Community of 21 March 2005 (Moniteur belge of 28 April 2005).
Decree of the Walloon Region of 23 June 2005 (Moniteur belge of 29 June 2005).
Decree of the Walloon Region of 23 June 2005 (Moniteur belge of 30 June 2005)
Order of the Brussels-Capital Region of 3 March 2005 (Belgian Monitor of 22 March 2005 (Ed. 2)).
Order of the Joint Community Commission of 23 June 2005 (Belgian Monitor of 2 September 2005).

World Health Organization Framework Convention for 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 smoking epidemic is a global problem with serious public health consequences that calls for the widest possible international cooperation and the participation of all countries in effective, appropriate and comprehensive international action,
Acknowledging the international community's concern about the devastating health, social, economic and environmental consequences of tobacco use and tobacco smoke exposure,
Gravely concerned about the increase in global consumption and production of cigarettes and other tobacco products, particularly in developing countries, as well as the burden it represents for families, the poor and national health systems,
Acknowledging that scientific evidence has established in an irrefutable manner that tobacco use and exposure to tobacco smoke are caused by death, illness and disability, and that there is a gap between exposure to cigarettes and the use of other tobacco products and the occurrence of tobacco-related diseases,
Recognizing also that cigarettes and some other tobacco-containing products are highly sophisticated products, which aim to generate and maintain dependence, that many of the compounds they contain and that the smoke they produce are pharmacologically active, toxic, mutagenic and carcinogenic, and that dependence on tobacco is classified as a disease in major international classifications,
Aware that there is scientific evidence that prenatal exposure to tobacco smoke has an adverse impact on the health and development of children,
Deeply concerned about the high increase in the consumption of cigarettes and other forms of tobacco use among children and adolescents around the world, in particular the fact that they are starting to smoke more and more young people,
Concerned about the increase in the consumption of cigarettes and other forms of tobacco use among women and girls around the world, and bearing in mind the need for full participation of women in all levels of policy development and implementation, as well as the need for gender-based tobacco control strategies,
Deeply concerned at the high levels of smoking and other forms of tobacco use by indigenous peoples,
Seriously concerned about the effects of all forms of advertising, promotion and sponsorship to encourage the use of tobacco products,
Recognizing that concerted action is necessary to eliminate all forms of illicit trade in cigarettes and other tobacco products, including smuggling, illicit manufacturing and counterfeiting,
Recognizing that tobacco control at all levels, in particular in developing countries and countries with economies in transition, requires adequate financial and technical resources commensurate with the current and planned needs of tobacco control activities,
Recognizing the need to develop appropriate mechanisms to address the long-term social and economic impact of tobacco demand reduction strategies,
Aware of the economic and social challenges that tobacco control programmes can generate in the medium and long term, in some developing countries and countries with economies in transition, and recognizing the need for technical and financial assistance in the context of their sustainable development strategies,
Aware of the very useful work of many States in tobacco control and commending the World Health Organization for its leadership role, as well as other organizations and agencies of the United Nations system and other international and regional intergovernmental organizations for their efforts to develop tobacco control measures,
Emphasizing the special contribution made by non-governmental organizations and other members of civil society without links to the tobacco industry, including associations of health professionals, associations of women, youth, environmental and consumer advocates and educational and health institutions, to efforts to combat tobacco at the national and international levels, and the vital importance of their participation in national and international efforts to combat tobacco,
Recognizing the need to be vigilant in the eventual efforts of the tobacco industry to undermine or distort tobacco control efforts and the need to be informed about the 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 General Assembly of the United Nations on 16 December 1966, which sets out 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 possession of the highest attainable standard of health is one of the fundamental rights of every human being, regardless of race, religion, political opinions, economic or social status,
Determined to promote tobacco control measures 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 General Assembly of the United Nations on 18 December 1979 provides that States Parties to the Convention shall take all appropriate measures to eliminate the prohibition against women in the field of health care,
Recalling further that the Convention on the Rights of the Child, adopted by the General Assembly of the United Nations on 20 November 1989, provides that States Parties to the Convention recognize the right of the child to the enjoyment of the highest attainable standard of health,
agreed that:
PART I. - INTRODUCTION
Article 1^er
Use of terms
For the purposes of this Convention:
(a) "Illicit trade" means any practice or conduct prohibited by law relating to production, shipping, receipt, possession, distribution, sale or purchase, including any practice or conduct intended to facilitate such activity.
(b) "Regional Economic Integration Organization" means an organization composed of several sovereign States, and to which its Member States have given jurisdiction over a number of issues, including the power to make decisions that are binding on its Member States on these matters ( 1 ).
(c) "Advertising tobacco and promoting tobacco" means any form of communication, recommendation or commercial action intended, effect or likely effect to directly or indirectly promote a tobacco product or the use of tobacco.
(d) Tobacco control is defined as a whole series of strategies for reducing supply, demand and harmful effects to improve the health of a population by eliminating or reducing its consumption of tobacco products and exposure to tobacco smoke.
(e) Tobacco industry means the wholesale manufacturing and distribution of tobacco products and importers of tobacco products.
(f) Tobacco products are defined as products manufactured entirely or partially from sheet tobacco as a raw material and intended to be smoked, sucked, licked or taken.
(g) Tobacco sponsorship means any form of contribution to any event, activity or person, for the purpose, effect or likely effect of directly or indirectly promoting a tobacco product or the use of tobacco.
Article 2
Relations between this Convention
and other legal agreements and instruments
1. In order to better protect human health, Parties are encouraged to apply measures beyond the provisions of this Convention and its Protocols, and nothing in these instruments prevents a Party from imposing more severe restrictions if they are consistent with their provisions and in accordance with international law.
2. The provisions of the Convention and its Protocols in no way affect the right of a Party to enter into bilateral or multilateral agreements, including regional or subregional agreements, on matters relating to the Convention and its Protocols, provided that such agreements are consistent with their obligations under the Convention and its Protocols. The Party concerned shall communicate the text of such agreements to the Conference of the Parties through the Secretariat.
PART II. - OBJECTIVE, PRINCIPLES
GENERAL GUIDELINES AND OBLIGATIONS
Article 3
Objective
The objective of this Convention and its Protocols is to protect present and future generations from the devastating health, social, environmental and economic effects of tobacco use and tobacco smoke exposure by providing a framework for the implementation of tobacco control measures by Parties at the national, regional and international levels, with a view to reducing the prevalence of smoking and exposure to tobacco smoke on a regular and significant basis.
Article 4
Guiding principles
In order to achieve the objective of this Convention and its Protocols and to implement its provisions, Parties shall follow, inter alia, the following guiding principles:
1. Each person must be informed of the health, dependency and fatal risk of tobacco use and exposure to tobacco smoke, and effective legislative, executive, administrative or other measures should be considered at the appropriate governmental level to protect all individuals from exposure to tobacco smoke.
2. Strong political commitment is needed to develop and support, at the national, regional and international levels, comprehensive cross-sectoral measures and coordinated actions, taking into account:
(a) the need to take measures to protect all individuals from exposure to tobacco smoke;
(b) the need to take measures to prevent individuals from starting to smoke, to promote and support withdrawal and to reduce the consumption of tobacco products in all their forms;
(c) the need to take measures to encourage Aboriginal peoples and Aboriginal communities to participate in the development, implementation and evaluation of tobacco control programmes that are socially and culturally appropriate to their needs and their way of seeing; and
(d) the need to take measures to address gender risks in the development of tobacco control strategies.
3. International cooperation, in particular the transfer of technology, knowledge and financial assistance and the provision of related expertise to establish and implement effective tobacco control programmes, taking into account local cultural factors and social, economic, political and legal factors, is an important element of the Convention.
4. Comprehensive multisectoral measures and responses to reduce the consumption of all tobacco products at the national, regional and international levels are essential to prevent, in accordance with public health principles, the incidence of disease and incapacity and premature deaths caused by tobacco use and exposure to tobacco smoke.
5. Issues relating to liability, as determined by each Party within its jurisdiction, are an important element of a comprehensive tobacco control.
6. Acknowledging and taking into account the importance of technical and financial assistance to facilitate the economic conversion of tobacco growers and workers whose livelihoods are severely compromised by the implementation of tobacco control programmes in developing countries Parties and Parties to economies in transition as part of national sustainable development strategies.
7. Civil society participation is essential to achieving the objective of the Convention and its protocols.
Article 5
General obligations
1. Each Party shall develop, implement, update and periodically review comprehensive multisectoral national tobacco control strategies and programmes in accordance with the provisions of this Convention and the protocols to which it is a Party.
2. To this end, each Party according to its capabilities:
(a) establish or strengthen, and provide financial resources, a national coordination mechanism or national 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 to develop appropriate policies to prevent and reduce tobacco use, nicotine addiction and exposure to tobacco smoke.
3. By defining and implementing their public health policies on tobacco control, Parties shall ensure that these policies are not influenced by the commercial and other interests of the tobacco industry, in accordance with national legislation.
4. Parties shall cooperate in formulating proposals for measures, procedures and guidelines for the implementation of the Convention and the protocols to which they are Parties.
5. Parties shall cooperate, where appropriate, with international and regional intergovernmental organizations and other relevant bodies in order to achieve the objectives of the Convention and the protocols to which they are Parties.
6. The Parties, within their capacity and resources, shall cooperate to obtain the necessary financial resources for the effective implementation of the Convention through bilateral and multilateral funding mechanisms.
PART III. - RELATIVE MEASURES
THE REDUCTION OF THE TABAC REQUEST
Article 6
Financial and fiscal measures to reduce tobacco demand
1. Parties recognize that financial and fiscal measures are an effective and important means of reducing tobacco use for various categories of the population, in particular young people.
2. Without prejudice to the sovereign right of the Parties to determine and set their tax policy, each Party shall take into account its national health objectives with regard to tobacco control and shall adopt or maintain, as appropriate, measures that may include:
(a) the application of tax policies and, where appropriate, price policies for tobacco products in order to contribute to health objectives aimed at reducing tobacco use; and
(b) the prohibition or restriction, as the case may be, of the sale to international travellers and/or the importation by them of tobacco products free of charge.
3. Parties shall indicate the tax rates of tobacco products and trends in tobacco use in their periodic reports to the Conference of the Parties in accordance with Article 21.
Article 7
Non-financial measures to reduce tobacco demand
Parties recognize that the application of non-global financial measures is an effective and important means of reducing tobacco use. Each Party shall adopt and implement effective legislative, executive, administrative or other measures necessary to fulfil its obligations under Articles 8 to 13 and shall cooperate as necessary with other Parties, directly or through the relevant international bodies, to enforce them. The Conference of the Parties proposes appropriate guidelines for the application of the provisions contained in these articles.
Article 8
Protection against smoke exposure
1. Parties recognize that it is clearly established, on scientific basis, that exposure to tobacco smoke results in disease, disability and death.
2. Each Party shall adopt and apply, in the area within the jurisdiction of the State under national legislation, and shall actively encourage, in areas where another jurisdiction is exercised, the adoption and application of legislative, executive, administrative and/or other effective measures providing for protection against exposure to tobacco smoke in domestic workplaces, public transport, public places and, where appropriate, other public places.
Article 9
Regulation of the composition of tobacco products
The Conference of the Parties, in consultation with relevant international bodies, proposes guidelines for testing and analysis of the composition and emissions of tobacco products and for the regulation of tobacco composition and emissions. Each Party shall adopt and implement, with the approval of the competent national authorities, effective legislative, executive, administrative or other measures relating to such tests and analyses and regulations.
Article 10
Regulation of information
to be included on tobacco products
Each Party, in accordance with its national law, adopts and implements effective legislative, executive, administrative or other measures requiring tobacco manufacturers and importers to provide government authorities with information on the composition and emissions of tobacco products. Each Party shall also adopt and implement effective measures to provide the public with information on the toxic constituents of tobacco products and the emissions that they may produce.
Article 11
Packaging and labelling of tobacco products
1. Each Party shall, within three years after the entry into force of this Convention with respect to it, adopt and implement effective measures in accordance with its national legislation to ensure that:
(a) the packaging and labelling of tobacco products does not contribute to the promotion of a tobacco product by misleading, tendentious or misleading means, or may give an incorrect impression on characteristics, health effects, risks or emissions of the product, including terms, descriptions, trade marks, figurative or other signs that directly or indirectly give the impression that a particular tobacco product is less harmful than and
(b) each packet or cartridge of tobacco products and all forms of external packaging and labelling of these products also contain health warnings describing the harmful effects of tobacco use and may include other appropriate messages. These warnings and messages:
(i) are approved by the competent national authority,
(ii) are used in turn,
(iii) are large, clear, visible and legible,
(iv) should cover 50 per cent or more of the main but not less than 30 per cent,
(v) may be in the form of drawings or pictograms or include such drawings or pictograms.
2. Each package and cartridge of tobacco products and all forms of outside packaging and labelling of tobacco products, in addition to the warnings referred to in paragraph 1. (b), of this article, shall contain information on the relevant constituents and emissions of tobacco products as defined by the national authorities.
3. Each Party requires that the warnings and other textual information referred to in paragraph 1^er. (b) and paragraph 2 of this article appear on each package and cartridge of tobacco products and on all forms of external packaging and labelling of tobacco products in its main languages.
4. For the purposes of this article, the term "external packaging and labelling" means all forms of packaging and labelling used in the retail sale of the product.
Article 12
Education, communication, training and public awareness
Each Party shall endeavour to promote and strengthen public awareness of tobacco control issues, using, as appropriate, all available communication tools. To this end, each Party shall adopt and implement effective legislative, executive, administrative or other measures to promote:
(a) broad access to effective and comprehensive public education and awareness-raising programmes on health risks, including the dependent characteristics of tobacco use and tobacco smoke exposure;
(b) public awareness of the health risks associated with tobacco use and exposure to tobacco smoke, as well as the benefits of tobacco withdrawal and tobacco-free lifestyles, as stipulated in article 14.2;
(c) public access in accordance with national legislation, to a wide range of information concerning the tobacco industry relevant to the purpose of this Convention;
(d) effective and appropriate training or awareness-raising programmes and awareness-raising on tobacco control for people such as health workers, community workers, social workers, media professionals, educators, policy makers, administrators and other relevant individuals;
(e) awareness-raising and participation of public and private bodies and non-governmental organizations that are not related to the tobacco industry, in the development and implementation of intersectoral tobacco control programmes and strategies; and
(f) public awareness of information on the adverse health, economic and environmental consequences of tobacco production and consumption and public access to such information.
Article 13
Advertising for tobacco, promotion and sponsorship
1. Parties recognize that the global ban on advertising, promotion and sponsorship will reduce the consumption of tobacco products.
2. Each Party, in accordance with its constitution or constitutional principles, shall establish a comprehensive ban on advertising for tobacco and any promotion and sponsorship of tobacco. This prohibition, subject to the legal framework and technical means available to this Party, includes the comprehensive prohibition of transboundary advertising, promotion and sponsorship from its territory. In this regard, within five years of the entry into force of the Convention for that Party, the Party shall adopt legislative, executive, administrative and/or other appropriate measures and report in accordance with Article 21.
3. A Party that is unable to establish a comprehensive prohibition as a result of its constitution or constitutional principles imposes restrictions on tobacco advertising and any promotion and sponsorship of tobacco. These restrictions, subject to the legal framework and technical means available to this Party, include restrictions or the overall prohibition of advertising, promotion and sponsorship from its territory with transboundary effects. In this regard, each Party shall adopt legislative, executive and/or other appropriate measures and report in accordance with Article 21.
4. As a minimum measure, and in accordance with its constitution or constitutional principles, each Party shall:
(a) prohibits all forms of advertising in favour of tobacco, promotion and sponsorship that contribute to the promotion of a tobacco product by misleading, tendentious or misleading means or which may give an incorrect impression on the characteristics, effects on health, risks or emissions of the product;
(b) require that a health warning or other appropriate warnings or messages be accompanied by advertisements for tobacco and, where appropriate, any promotion and sponsorship of tobacco;
(c) limit the use of direct or indirect incentives that encourage the purchase of tobacco products by the public;
(d) if it has not imposed a comprehensive ban, it requires the tobacco industry to make known to the relevant government authorities the expenses it spends on advertising, promotion and sponsorship that are still not prohibited. These authorities, under the conditions established by national legislation, may decide to make these figures available to the public and to the Conference of the Parties, in accordance with Article 21;
(e) impose a global ban or, if it is unable to impose a comprehensive prohibition on the basis of its constitution or constitutional principles, limit advertising, promotion and sponsorship on radio, television, in the written press and, where applicable, in other media such as the Internet, within five years, and
(f) prohibits or, if it is unable to prohibit by virtue of its constitution or constitutional principles, limits the sponsorship of international events or activities or participants in such events or activities.
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 transboundary advertising.
7. Parties that have prohibited certain forms of tobacco advertising, promotion and sponsorship have the sovereign right to prohibit these forms of transboundary advertising, promotion and sponsorship entering their territory and to impose the same sanctions as those that apply to advertising, promotion and sponsorship, both domestically and from their territory, in accordance with their national legislation. This paragraph does not endorse or approve any specific sanctions.
8. Parties are considering the development of a protocol defining appropriate measures that require international collaboration for a comprehensive ban on cross-border advertising, promotion and sponsorship.
Article 14
Measures to reduce reporting demand
with addiction to tobacco and smoking withdrawal
1. Each Party shall develop and disseminate appropriate, comprehensive and integrated guidelines based on scientific data and best practices, taking into account national context and priorities, and shall take effective measures to promote smoking withdrawal and adequate treatment of tobacco dependence.
2. To this end, each Party shall endeavour:
(a) design and implement effective programmes to promote smoking cessation in places such as educational institutions, health institutions, workplaces and sports practice;
(b) include the diagnosis and treatment of tobacco dependence and counselling services on smoking withdrawal in national health and education programs, plans and strategies, with the participation of health workers, community workers and social workers, as appropriate;
(c) establish, in health facilities and rehabilitation centres, programmes for the diagnosis, counselling, prevention and treatment of tobacco dependence; and
(d) collaborate with other Parties to facilitate access to affordable tobacco dependence treatment, including pharmaceuticals, in accordance with Article 22. These products and components may include medications or products used to administer medications and diagnostics, if any.
PART IV. - RELATIVE MEASURES
TABAC OFFRE
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 manufacture and counterfeiting, and the development and implementation of national legislation in this area, in addition to subregional, regional and global agreements, are essential aspects of tobacco control.
2. Each Party shall adopt and implement effective legislative, executive, administrative or other measures to ensure that all packages and cartridges of tobacco products and all forms of outer packaging of tobacco products contain a mark to assist Parties in determining the origin of tobacco products and, in accordance with relevant national legislation and bilateral or multilateral agreements, to assist Parties in determining the extent to which the diversion occurs and to monitor, monitor and monitor the movement of tobacco products. In addition, each Party:
(a) requires that packages and cartridges of tobacco products intended for retail or wholesale sale in its domestic market include the indication "Authorized Sales only in (register the country name, national, regional or federal subdivision)" or any other appropriate brand indicating the final destination or likely to assist the authorities in determining whether the product is legally on sale in the domestic market; and
(b) Consider, as appropriate, the establishment of a practical regime to track and trace products so as to make the distribution system safer and contribute to the investigation of illicit trade.
3. Each Party shall require that information on the packaging or marks referred to in paragraph 2 of this Article be readable and/or written in its or its main languages.
4. In order to eliminate the illicit trade in tobacco products, each Party:
(a) monitors cross-border trade in tobacco products, including illicit trade, collects data on this subject and ensures the exchange of information between customs and tax administrations and other jurisdictions, as appropriate and in accordance with national legislation and applicable bilateral or multilateral agreements;
(b) Adopt or strengthen legislative measures, with appropriate sanctions and remedies, against the illicit trade in tobacco products, including smuggler and smuggler cigarettes;
(c) Take appropriate measures to ensure the destruction of all manufacturing equipment and cigarettes and other products of confiscated contra-feit and contraband tobacco, by means of environmentally friendly methods, or their elimination in accordance with national legislation;
(d) adopts and implements measures to monitor, verify and control the storage and distribution of tobacco products that are kept or that are tax-free under its jurisdiction; and
(e) Adopt appropriate measures to allow for the confiscation of profits derived from the illicit trade in tobacco products.
5. Information collected pursuant to paragraphs 4. (a) and 4. (d), of this Article shall be provided as appropriate by the Parties in aggregate form in their periodic reports to the Conference of the Parties, in accordance with Article 21.
6. Parties shall encourage, as appropriate and in accordance with their national legislation, cooperation between national agencies, as well as between relevant international and regional intergovernmental organizations, with regard to investigations, prosecutions and procedures, to eliminate the illicit trade in tobacco products. Special attention is given to cooperation at the regional and subregional levels to combat the illicit trade in tobacco products.
7. Each Party shall endeavour to adopt and apply other measures, including licensing, where appropriate, to control or regulate the production and distribution of tobacco products in order to prevent illicit trade.
Article 16
Sale of minors and minors
1. Each Party shall adopt and implement effective legislative, executive, administrative or other measures at the appropriate governmental level to prohibit the sale of tobacco products to persons who have not attained the age of domestic law or established by national legislation or the age of eighteen years. These measures may include:
(a) the requirement for all tobacco sellers to display visibly and clearly in their point of sale a notice of prohibition of the sale of tobacco to minors and, in case of doubt, to ask each buyer to prove by appropriate means that it has reached the legal age;
(b) prohibiting the sale of tobacco products by making them directly accessible, e.g. on store shelves;
(c) the prohibition on the manufacture and sale of confectionery, snacks, toys or other objects in the form of attractive tobacco products for minors, and
(d) measures taken to ensure that automatic distributors of tobacco products under its jurisdiction are not accessible to minors and do not promote the sale of tobacco products to minors.
2. Each Party prohibits the free distribution of tobacco products to the public and especially to minors or encourages this prohibition.
3. Each Party shall endeavour to prohibit the sale of cigarettes in the room or in small packages, which facilitates the access of these products to minors.
4. The Parties recognize that, to enhance its effectiveness, measures to prohibit the sale of tobacco products to minors should, as appropriate, be implemented in conjunction with the other provisions of this Convention.
5. When signing, ratifying, accepting or approving the Convention or acceding to it, or at any time thereafter, a Party may, by a written declaration that is binding, indicate that it undertakes to prohibit the introduction of automatic tobacco distributors in its jurisdiction or, where appropriate, to fully prohibit these machines. The declaration made under this article shall be communicated by the Depositary to all Parties to the Convention.
6. Each Party shall adopt and implement effective legislative, executive, administrative or other measures, including sanctions against vendors and distributors, to ensure compliance with the obligations set out in paragraphs 1^er-5 of this article.
7. Each Party should adopt and implement, as appropriate, effective legislative, executive, administrative or other measures to prohibit the sale of tobacco products by persons who have not reached the age of domestic law or established by national legislation, or the age of eighteen years.
Article 17
Provision of support to activities
economically viable replacement
The Parties shall endeavour, by cooperating with each other and with relevant international and regional intergovernmental organizations, to promote, where appropriate, economically viable alternatives for farmers, workers and, as appropriate, vendors.
PART V. - ENVIRONMENTAL PROTECTION
Article 18
Protection of the environment and human health
By complying with their obligations under this Convention, the Parties agree to give due consideration to the cultivation of tobacco and the manufacture of tobacco products in their respective territory, the protection of the environment and the health of people in the context of the environment.
PART VI. - QUESTIONS
THE RESPONSIBILITY
Article 19
Accountability
1. For the purpose of tobacco control, Parties shall consider taking legislative measures or promoting existing laws, if necessary, with respect to criminal and civil liability, including compensation where appropriate.
2. Parties shall cooperate to exchange 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 existing legislation and regulations, as well as relevant jurisprudence.
3. Parties, as appropriate and mutually agreed, within the limits of national legislation, applicable legal policies, practices and treaty provisions, shall provide mutual legal assistance for any judicial proceedings relating to civil and criminal liability, in accordance with this Convention.
4. The Convention does not affect or restrict the rights of parties to the courts of other Parties where such rights exist.
5. The Conference of the Parties may consider, where possible, in an initial phase, taking into account the ongoing work in relevant international forums, issues related to liability, including appropriate international approaches to these issues and appropriate means to assist Parties, at their request, in their legislative and other activities, in accordance with this article.
PART VII. - SCIENTIFIC COOPERATION
AND TECHNICAL AND COMMUNICATION OF INFORMATION
Rule 20
Research, monitoring and information exchange
1. Parties are committed to developing and promoting national research and coordinating research programmes at the regional and international levels in the field of tobacco control. To this end, each Party shall endeavour:
(a) to undertake, directly or through international and regional intergovernmental organizations and other relevant scientific assessment and research activities, and to cooperate with them, by encouraging research on the determinants and consequences of tobacco use and exposure to tobacco smoke, as well as the search for alternative crops; and
(b) to promote and strengthen, with the support of international and regional intergovernmental organizations and other relevant bodies, the training and support of all those involved in tobacco control activities, including research, implementation and evaluation.
2. The Parties shall, as the case may be, establish national, regional and global monitoring programmes on the scale, trends, determinants and consequences of tobacco use and exposure to tobacco smoke. To this end, Parties integrate smoking surveillance programmes into national, regional and global health monitoring 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 organizations. Each Party shall endeavour:
(a) progressively establish a national system of epidemiological surveillance of tobacco use and related social, economic and health indicators;
(b) cooperate with international and regional intergovernmental organizations and other relevant organizations, including governmental and non-governmental organizations, regional and global tobacco monitoring and information exchange on the indicators referred to in paragraph 3. (a) this article; and
(c) cooperate with the World Health Organization in the development of general guidelines or procedures to collect, analyze and disseminate tobacco-related monitoring data.
4. Parties, subject to their national legislation, encourage and facilitate the exchange of scientific, technical, socio-economic, commercial and legal information in the public domain, as well as information on tobacco industry practices and tobacco culture in relation to the Convention, taking into account the special needs of developing country Parties and Parties with economies in transition and taking action in this regard. Each Party shall endeavour:
(a) to progressively establish and maintain an updated database on tobacco control laws and regulations and, where appropriate, a set of information on their application, as well as relevant jurisprudence, and to cooperate in the development of tobacco control programmes at the regional and global levels;
(b) to establish and maintain an updated database of national monitoring programmes, in accordance with paragraph 3 (a) of this Article, and
(c) To cooperate with relevant international organizations to progressively establish and maintain a global system to collect and disseminate information on tobacco production, tobacco production and tobacco industry activities that have an impact on the Convention or on national tobacco control activities on a regular basis.
5. Parties shall cooperate, within international and regional intergovernmental organizations and financial and development institutions of which they are members, to promote and encourage the provision of technical and financial resources to the Secretariat in order to assist developing country Parties and Parties with economies in transition in meeting their research, monitoring and information exchange obligations.
Article 21
Notification and exchange of information
1. Each Party shall submit to the Conference of the Parties, through the Secretariat, periodic reports on the implementation of this Convention, which shall include:
(a) information on legislative, executive, administrative or other measures taken to implement the Convention;
(b) information, where appropriate, on the difficulties or obstacles encountered in the implementation of the Convention and on the measures taken to overcome them;
(c) information, if any, on the financial and technical assistance provided or received for tobacco control activities;
(d) information on monitoring and research as specified in section 20; and
(e) the information specified in articles 6.3, 13.2, 13.3, 13.4, (d), 15.5 and 19.2.
2. The frequency and form of reports submitted by all Parties shall be determined by the Conference of the Parties. Each Party shall prepare its initial report within two years after the entry into force of the Convention for that Party.
3. The Conference of the Parties, in accordance with Articles 22 and 26, shall consider arrangements to assist developing country Parties and Parties with economies in transition, upon request, in meeting their obligations under this Article.
4. The notification and exchange of information under the Convention are governed by the national privacy and privacy law. Parties shall protect, as agreed, any confidential information that is exchanged.
Article 22
Cooperation in the scientific, technical and
Legal and related expertise
1. Parties shall cooperate directly or through relevant international bodies to strengthen their capacity to fulfil the obligations under this Convention, taking into account the needs of developing country Parties and Parties with economies in transition. This cooperation facilitates, under mutually agreed terms, the transfer of technical, scientific and legal expertise and technology to establish and strengthen national tobacco control strategies, plans and programmes, including:
(a) to promote the development, transfer and acquisition of technologies, knowledge, skills and capacities related to tobacco control;
(b) To provide technical, scientific and legal or other expertise to establish and strengthen national strategies, plans and programmes for the implementation of the Convention, including:
(i) by assisting, upon request, in the development of a strong legislative basis and technical programmes aimed, inter alia, at deterring people from smoking, encouraging them to quit smoking and protect them from exposure to tobacco smoke;
(ii) assisting, where appropriate, tobacco workers to find other appropriate economically and legally viable livelihoods in an economically and legally viable manner; and
(iii) helping, where appropriate, tobacco growers to move to other crops economically viable;
(c) support well-designed training or awareness-raising programmes tailored to the staff concerned, in accordance with Article 12;
(d) to provide, where appropriate, equipment, equipment and supplies, as well as logistical support for tobacco control strategies, plans and programmes;
(e) to define methods of tobacco control, including for the complete treatment of nicotin addiction; and
f) to promote, where appropriate, research to make the cost of full treatment of nicotin addiction more affordable.
2. The Conference of the Parties shall encourage and facilitate the transfer of technical, scientific and legal and technological expertise with financial support provided in the manner provided for in Article 26.
PART VIII. - INSTITUTIONAL PROVISIONS
FINANCIAL RESOURCES
Article 23
Conference of the Parties
1. A Conference of the Parties shall be established. The first session of the Conference will be convened by the World Health Organization no later than one year after the entry into force of this Convention. The Conference will determine the venue and date of the subsequent regular sessions at its first session.
2. Extraordinary sessions of the Conference of the Parties may be held at any other time if the Conference deems it necessary, or at the written request of a Party, provided that within six months of its submission to such Parties by the Secretariat of the Convention, such request shall be supported by at least one third of the Parties.
3. The Conference of the Parties will adopt its rules of procedure by consensus at its first session.
4. The Conference of the Parties shall adopt by consensus its own financial regulations which will also apply to the financing of the subsidiary bodies that it may establish and financial arrangements that will govern the functioning of the Secretariat. At each of its regular sessions, it adopts a budget for the fiscal year ending its next regular session.
5. The Conference of the Parties shall regularly review the implementation of the Convention and make the necessary decisions to promote its effective implementation; it may adopt protocols, annexes and amendments to the Convention, in accordance with articles 28, 29 and 33. To this end, the Conference:
(a) encourage and facilitate the exchange of information in accordance with Articles 20 and 21;
(b) Encourages and directs the development and periodic improvement of comparable methodologies for research and data collection, in addition to those provided for in Article 20, on the implementation of the Convention;
(c) Encourages, as appropriate, the development, application and evaluation of strategies, plans and programs, as well as policies, laws and other measures;
(d) consider reports submitted by Parties in accordance with Article 21 and adopt periodic reports on the implementation of the Convention;
(e) Encourages and facilitates the mobilization of financial resources for the implementation of the Convention in accordance with Article 26;
(f) establish the subsidiary bodies necessary to achieve the objective of the Convention;
(g) requires, as appropriate, services, cooperation and information provided by relevant and relevant organizations and bodies of the United Nations system and other international organizations, regional intergovernmental organizations and non-governmental organizations to strengthen the implementation of the Convention; and
(h) consider other actions, if any, to achieve the objective of the Convention, in the light of the experience gained in the implementation of the Convention.
6. The Conference of the Parties sets the criteria for the participation of observers in its deliberations.
Article 24
Secretariat
1. The Conference of the Parties will appoint a permanent secretariat and organize its operation. The Conference of the Parties will endeavour to carry out this task at its first session.
2. Until a permanent secretariat is designated and established, the secretariat functions of this Convention will be provided by the World Health Organization.
3. The functions of the Secretariat are as follows:
(a) Organize and provide the necessary services to the sessions of the Conference of the Parties and any subsidiary body;
(b) transmit the reports it receives in accordance with the Convention;
(c) assist requesting Parties, and in particular developing country Parties and Parties with economies in transition, to compile and communicate the information required in accordance with the provisions of the Convention;
(d) prepare reports on its activities under the Convention under the authority of the Conference of the Parties and submit them to the Conference of the Parties;
(e) ensure, under the authority of the Conference of the Parties, the necessary coordination with international and regional intergovernmental organizations and other relevant bodies;
(f) take, under the authority of the Conference of the Parties, the administrative or contractual arrangements necessary for the effective performance of its functions; and
(g) perform other secretariat functions specified by the Convention and any of its protocols, as well as other functions that may be assigned to it by the Conference of the Parties.
Rule 25
Relations between the Conference of the Parties
and intergovernmental organizations
In order to ensure the technical and financial cooperation required to achieve the objective of this Convention, the Conference of the Parties may seek cooperation from relevant international and regional intergovernmental organizations, including financial and development institutions.
Rule 26
Financial resources
1. Parties recognize the important role of financial resources in achieving the objective of this Convention.
2. Each Party provides financial support for national activities to achieve the objective of the Convention, in accordance with national plans, priorities and programmes.
3. Parties shall encourage, where appropriate, the use of bilateral, regional, subregional and other multilateral channels to provide funds for the development and strengthening of the comprehensive and multisectoral tobacco control programmes of developing countries Parties and Parties with economies in transition. Economically viable alternatives to tobacco production, including crop diversification, must therefore be considered and supported through national sustainable development strategies.
4. Parties represented in relevant international and regional intergovernmental organizations and financial and development institutions encourage these entities to provide financial assistance to developing country Parties and Parties with economies in transition to assist them in fulfilling their obligations under the Convention, without limitation of the right to participation in those organizations.
5. Parties agreed that:
(a) to enable Parties to fulfil their obligations under the Convention, all relevant potential and existing resources, whether financial, technical or other, both public and private, that are available for tobacco control activities shall be mobilized and used for 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 existing sources of funding to assist them in implementing their obligations under the Convention;
(c) on the basis of a study undertaken by the Secretariat and other relevant information, the Conference of the Parties shall consider, at its first session, existing and potential sources and assistance mechanisms and determine the extent to which they are appropriate;
(d) The Conference of the Parties shall take into account the outcome of this review to determine whether there is a need to strengthen existing mechanisms or to establish a global voluntary fund or any other appropriate funding mechanism to channel additional resources, if necessary, to developing country Parties and Parties with economies in transition, and to assist them in achieving the objectives of the Convention.
PART IX. - DIFFERENDUM REGULATIONS
Rule 27
Settlement of disputes
1. If a dispute arises between two or more Parties with respect to the interpretation or application of this Convention, the Parties concerned shall endeavour to resolve it through diplomatic channels, negotiation or any other peaceful means of their choice, including through good offices or mediation of a third party or conciliation. In the event of failure, the Parties in question remain obliged to continue their efforts to reach a settlement.
2. When ratifying, accepting, approving or formally confirming the Convention or acceding to it, or at any time thereafter, any State or regional economic integration organization may declare in writing to the Depositary that it accepts as obligatory to submit a dispute that is not settled in accordance with paragraph 1^er to ad hoc arbitration in accordance with the procedures adopted by consensus by the Conference of the Parties.
3. The provisions of this Article shall apply in respect of any protocol between the Parties to the Protocol, unless otherwise provided in that Protocol.
PART X. - ELABORATION
ULTERIA OF THE PRESENT CONVENTION
Rule 28
Amendments to this Convention
1. Any Party may propose amendments to this Convention. These amendments are considered by the Conference of the Parties.
2. Amendments to this Convention shall be adopted by the Conference of the Parties. The text of any proposed amendments to the Convention shall be communicated by the Secretariat to the Parties at least six months before the session at which it is proposed for adoption. The Secretariat also communicates the proposed amendments to the signatories to the Convention and, for information, to the Depositary.
3. Parties shall make every effort to reach agreement by consensus on any proposed amendment to the Convention. If all efforts to this end have been exhausted and an agreement has not been reached, the amendment shall be adopted as a last resort by a three-fourths majority vote of the Parties present and voting at the session. For the purposes of this Article, Parties present and voting shall be the Parties present and voting for or against. Any amendment adopted shall be communicated by the Secretariat to the Depositary transmitting it to all Parties for acceptance.
4. Instruments for acceptance of amendments shall be deposited with the Depositary. Any amendment adopted in accordance with paragraph 3 of this Article shall enter into force between the Parties having accepted it on the ninetieth day after the date of receipt by the Depositary of instruments of acceptance deposited by at least two thirds of the Parties to the Convention.
5. The amendment shall enter into force with respect to any other Party on the ninetieth day after the date of the deposit by that Party to the Depositary of its instrument of acceptance of the amendment.
Rule 29
Adoption and amendment of the annexes to the present Convention
1. Annexes to this Convention and amendments thereto are proposed, adopted and come into force in accordance with the procedure described in Article 28.
2. Annexes to the Convention shall be an integral part of the Convention and, unless expressly provided otherwise, any reference to this Convention shall also be a reference to such annexes.
3. The annexes will contain only lists, forms and other descriptions relating to procedural, scientific, technical or administrative matters.
PART XI. - FINAL PROVISIONS
Rule 30
Reservations
No reservation may be made to this Convention.
Rule 31
Denunciation
1. At any time after the expiration of two years from the date of entry into force of this Convention in respect of a Party, the said Party may denounce the Convention by written notification to the Depositary.
2. The denunciation shall take effect upon the expiration of one year from the date on which the Depositary has received notification of the denunciation, or at any other later date specified in the notification.
3. Any Party that has denounced the Convention is also deemed to have denounced any protocol to which it is a Party.
Rule 32
Voting rights
1. Each Party to this Convention shall have one vote, subject to the provisions of paragraph 2 of this Article.
2. Regional economic integration organizations shall have a number of votes equal to the number of their Member States that are Parties to the Convention in order to exercise their right to vote in areas within their competence. These organizations do not exercise their right to vote if any of their Member States exercises their own, and vice versa.
Rule 33
Protocols
1. Any Party may propose protocols. These proposals are considered by the Conference of the Parties.
2. The Conference of the Parties may adopt protocols to this Convention. All efforts are being made to adopt these protocols by consensus. If all efforts to reach consensus have been exhausted and no agreement has been reached, the protocol is ultimately adopted by a three-quarters majority of the Parties present and voting at the session. For the purposes of this Article, Parties present and voting shall be the Parties present voting for or against the protocol.
3. The text of any proposed protocol shall be communicated by the Secretariat to the Parties 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. Protocols to the Convention are binding only for Parties to the protocols in question. Only Parties to a protocol may make decisions on matters of exclusively relevance to the protocol.
6. The conditions of entry into force of any protocol are governed by the said instrument.
Rule 34
Signature
This Convention will be open for signature by all Members of the World Health Organization and States that are not Members of the World Health Organization but are Members of the United Nations and regional economic integration organizations at World Health Organization Headquarters in Geneva from 16 June 2003 to 22 June 2003, then at United Nations Headquarters in New York from 30 June 2003 to 29 June 2004.
Rule 35
Ratification, acceptance,
approval, formal confirmation or accession
1. This Convention shall be subject to the ratification, acceptance, approval or accession of States and to the formal confirmation or accession of regional economic integration organizations. It will be open to membership on the day after the day it ceases to be open for signature. Instruments of ratification, acceptance, approval, formal confirmation or accession shall be deposited with the Depositary.
2. Any regional economic integration organization that becomes a Party to the Convention, without any of its Member States being a Party, is bound by all the obligations set out in the Convention. When one or more Member States of one of these organizations are Parties to the Convention, the organization and its Member States agree on their respective responsibilities with respect to the fulfilment of their obligations under the Convention. In such cases, the organization and Member States are not entitled to simultaneously exercise their rights under the Convention.
3. Regional economic integration organizations in their instruments of formal confirmation, or in their instruments of accession, indicate the extent of their competence in areas governed by the Convention. These organizations also notify the Depositary of any significant changes in the scope of their competence to inform Parties in turn.
Rule 36
Entry into force
1. This Convention shall enter into force on the ninetieth day after the date of the deposit of the fortieth instrument of ratification, acceptance, approval, formal confirmation or accession to the Depositary.
2. In respect of each State that ratifies, accepts or approves or accedes to the Convention, after the conditions set out in paragraph 1^er the Convention shall enter into force on the ninetieth day after the date of the deposit by the said State of its instrument of ratification, acceptance, approval or accession.
3. With respect to each regional economic integration organization having a formal confirmation instrument or an instrument of accession after the conditions set out in paragraph 1^er the Convention shall enter into force on the ninetieth day after the date of the deposit by the said organization of its instrument of formal confirmation or accession.
4. For the purposes of this article, none of the instruments deposited by a regional economic integration organization shall be considered to be added to the instruments already deposited by the Member States of that organization.
Rule 37
Depositary
The Secretary-General of the United Nations will be the Depositary of this Convention and the related amendments and the protocols and annexes adopted in accordance with articles 28, 29 and 33.
Rule 38
Faithful texts
The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, will be deposited with the Secretary-General of the United Nations.
In faith, the undersigned, to this duly authorized, have signed this Convention.
Done in Geneva, 21 May 2003.

World Health Organization Framework Convention for Tobacco Control, Geneva, 21 May 2003
For the consultation of the table, see image