domenica, 19 Novembre 2017

Approvata la convenzione internazionale contro il fumo

Scritto da  il 26 Maggio 2003
 

I 192 paesi membri della WHO, World Health Organization, l’organizzazione mondiale della sanità, hanno approvato a Ginevra il primo trattato internazionale per la lotta al fumo.

Il documento, denominato “Framework convention on tabacco control” (convenzione quadro sul controllo del tabacco) è sorto dopo quattro anni di trattative tra i diversi Stati, che hanno portato nello scorso marzo alla stesura dei vari articoli e nei scorsi giorni alla loro approvazione unanime.

Inizialmente contro la convenzione si erano schierati gli Stati Uniti, che, nonostante abbiano adottato misure restrittive sul consumo tra le più severe al mondo, hanno sempre lasciato ampio margine operativo ai produttori. Caduta l’opposizione americana c’è stato il via libera per il primo accordo globale anti-fumo, che entrerà in vigore non appena verrà ratificato da quaranta paesi membri. Gli Stati membri avranno poi novanta giorni di tempo per dare seguito alle raccomandazioni con atti concreti.

La convenzione si compone di trentotto articoli, molti dei quali già vigenti in Italia tramite una legislazione ad hoc di qualche anno fa, ma inspiegabilmente mai rispettati. Probabilmente la situazione muterà nei prossimi mesi quando, entrato in vigore il documento del WHO, sarà limitata rigidamente la pubblicità del tabacco, sia essa diretta che indiretta, saranno vietate per cinque anni le sponsorizzazioni da parte dei produttori di tabacco e verrà contrastata la diffusione di messaggi pro-fumo.

Nel documento, inoltre, sono state introdotte una serie di indicazioni per i produttori e per gli Stati contraenti. Viene stabilito, infatti, che almeno il trenta per cento della superficie dei pacchetti di sigarette dovranno contenere scritte di avvertimento sui danni provocati dal fumo; dovranno scomparire tutte quelle scritte, quali mild,light ed extralight, che inducono il consumatore a ritenere certe sigarette meno pericolose di altre; dovranno essere elencate tutte le sostanze dannose per la salute umana e le informazioni sugli effetti nocivi del fumo dovranno essere «chiare, leggibili e visibili»; sarà inoltre caricato di forti significati il concetto di responsabilità legale dei produttori di tabacco.

I singoli paesi dovranno continuare nella guerra al contrabbando, dovranno aumentare le imposte sul consumo di tabacco per combattere il tabagismo,dovranno attuare programmi di lotta al fumo e dovranno divulgare il messaggio dell’organizzazione mondiale soprattutto nelle fasce d’età più giovani (per questo motivo sono state messe al bando anche la fabbrica di dolci o giocattoli a forma di sigarette).  

Tutto queste misure dovranno essere prese entro cinque anni dall’entrata in vigore del Trattato, che senza dubbio avrà luogo nel mese di giugno, quando i Capi di Stato, i Primi Ministri o i Ministri degli Esteri dei singoli Stati saranno chiamati ad apporre la loro firma.

La convenzione avrà notevole impatto nei paesi del Terzo Mondo, in cui le politiche anti-fumo sono praticamente inesistenti e dove in certi casi sono le stesse autorità ad incoraggiare le industrie produttrici ad investire nel tabacco.

Scopo del documento della WHO, secondo quanto sostenuto dalla propria direttrice, Gro Harem Brundtland, è salvare milioni di vite e proteggere la salute delle prossime generazioni. Secondo i dati della stessa agenzia mondiale, senza politiche di contrasto il fumo potrebbe raddoppiare in venti anni le sue vittime, da cinque a dieci milioni. Il settanta per cento sarebbero cittadini dei Paesi in via di sviluppo.

Segue la versione originale in lingua inglese della convenzione:

 

 

PART I: INTRODUCTION

Article 1

Use of terms

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;

(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.

1 Where appropriate, national will refer equally to regional economic integration organizations.

 

 

PART II: OBJECTIVE, GUIDING PRINCIPLES AND GENERAL 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 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

Guiding principles

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

General obligations

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 RELATING 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.

Article 10

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 labelling 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 labelling 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

labelling 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 labelling of

such products shall, in addition to the warnings specified in paragraph 1(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 1(b) and paragraph 2 of this Article will appear on each unit packet and package of tobacco

products and any outside packaging and labelling 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 crossborder

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, and 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.

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 counselling services on

cessation of tobacco use in national health and education programmes, plans and strategies, with

the participation of health workers, community workers and social workers as appropriate;

(c) establish in health care facilities and rehabilitation centres programmes for diagnosing,

counselling, preventing and treating tobacco dependence; and

(d) collaborate with other Parties to facilitate accessibility and affordability 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 products1

1. The Parties recognize that the elimination of all forms of illicit trade in tobacco products,

including smuggling, illicit manufacturing and counterfeiting, and the development and

implementation of related national law, in addition to subregional, regional and global agreements, are

essential components of tobacco control.

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, subnational, 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.

1 There has been considerable discussion throughout the pre-negotiation and negotiation process concerning the

adoption of an early protocol on illicit trade in tobacco products. The negotiation of such a protocol could be initiated by the

INB immediately following the adoption of the FCTC, or at a later stage by the Conference of the Parties.

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 environmentallyfriendly

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

subregional 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

Liability

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 fora, 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) provision, 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

Conference of the Parties

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

Secretariat

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

Financial resources

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

Settlement of disputes

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

FONT size=1>Amendments to this Convention

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

Reservations

No reservations may be made to this Convention.

Article 31

Withdrawal

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

Right to vote

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

Protocols

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

Signature

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

Entry into force

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 1 of this Article for entry into force have been fulfilled, the Convention

shall enter into force on the ninetieth day following the date of deposit of its instrument of ratification,

acceptance, approval or accession.

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

Depositary

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

Authentic texts

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 [date of month] two thousand and three.

Letto 2494 volte

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