國際菸草控制框架公約

2011世界無菸日主題：履行「菸草控制框架公約(FCTC)」年

菸品是唯一一種消費產品會危害所有暴露在該產品下的人，還會造成經常性使用者半數死亡。目前全球吸菸者約有6.5 億人口，占全世界總人口的10%，最終必將無力抵抗與菸害相關的疾病。

中低收入國家因菸害疾病而死亡的人數比例正在上升，使其不得不面對這個流行病在金融、社會和政治影響上的嚴重後果。然而，這種極高的傷害和死亡水準並非不可避免。
右圖：2011年世界無菸日海報主題-
拯救生命的三種方法：滅火器、救生圈、菸草控制框架公約

【WHO世界衛生組織新聞稿】
2011年世界無菸日頌揚《世界衛生組織菸草控制框架公約》

世界衛生組織（WHO）為有效控制菸害造成的全球性的健康、社會、經濟與環境問題，已於2003年5月通過國際「菸草控制框架公約」（簡稱FCTC），並開放各國簽署，共計十一章三十八條。

其宗旨在於促進各國認知菸草對健康的危害，並積極推動菸害防制相關工作，使菸草使用率和接觸菸草煙霧能持續性地大幅下降，從而保護當代與後代免於因菸草消費和接觸菸草煙霧而造成健康、社會、環境、經濟亟具破壞性的影響。

在向全世界政府和領導人發佈的MPOWER綜合報告中證實，全球目前有5％的人口已生活在運用FCTC來降低吸菸率全面保護人民的國家。

FCTC在2005年2月27日超過40個國家批准後，已正式生效，目前計有168國簽署，174個締約方已批准遞文。以下為FCTC部分中文摘要內容：

第一章介紹

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第二章目標、指導原則及一般性義務

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Article 3	目標
	防制菸品對為人類之危害。
Article 4	指導原則
	為達前述目標，會員國應遵守下列原則：
	1.	所有人均應受告知菸品消費之危害，政府並應以有效立法、行政措施保護人民免受菸害。
	2.	應採取強力政治行動以發展並支持跨領域機制及協同措施，包括採取手段避免暴露於菸害、於制定策略時強調不同性別之特殊風險等。
	3.	加強國際菸害資訊技術之互通合作。
	4.	進行全面性跨領域整合。
	5.	菸害責任之追究是全面菸品控制之重要環節。
	6.	應同時協助菸草種植者及工作者生存。
Article 5	一般性義務
	1.	各會員國應發展、建立並定期檢討全面菸害防制政策。
	2.	為達前述目的，各會員國應建立並資助全國性合作機制、採取有效的立法、行政等手段，並與其他會員國密切合作。
	3.	各會員國應與各國際組織合作以達成本公約目標。
	4.	各會員國應共同為有效的執行本公約籌措資金。

第三章降低菸品需求之相關措施

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Article 6	降低菸品需求之價格及稅捐措施
	1.	會員國體認價格及稅捐是對抗菸品消費之重要手段，尤其是對年輕人。
	2.	各會員國應建立用以降低菸品消費之價格及稅賦政策，並應禁止或限制國際旅客購買或輸入免稅菸品。
	3.	各會員國應於其定期報告中列出菸品價格狀況及稅賦政策。
Article 7	降低菸品需求之非價格措施
	會員國體認非價格措施之重要性，並將採取必要措施以實現 Art. 8-13之義務。
Article 8	提供保護以免受菸品侵害
	1.	會員國同意科學已證明菸品之危害。
	2.	會員國應有效制定及執行法律，使人民在室內工作場所、公共運輸系統、室內公共場所及其他適當之公共處所免暴露於菸品之傷害。
Article 9	菸品成分之規範
	會員大會將建議並通過菸品成分檢測之方式及標準，各會員國應透過有效立法及行政以使其成為國內之檢驗方式及標準。
Article 10	菸品資訊之揭露
	各會員國應使菸品業者對政府揭露菸品成分及有害物質等資訊。
Article 11	菸品之包裝及標示
	1.	會員國於公約生效後三年內應採取有效措施以符合下列規定：
		(a)	菸品包裝及標示不得有虛偽、誤導或造成對吸菸後果之錯誤認知，亦不可使用「低焦油」、「淡煙」、「極淡煙」或「溫和」等使消費者誤以為較其他菸品不具傷害性之誤導字眼。
		(b)	應於菸盒及其外包裝展示「警語」，該等警語應：經政府機關核可、多樣性替換使用、清楚明確、佔主要展示區域50%以上或至少不得低於30%之空間、可使用圖片或標誌。
	2.	除上述外，菸品之包裝應載明其成分及釋出物。
	3.	各會員國可要求前述警語標示必須使用會員國文字。
	4.	本條所稱外部包裝及標示係指菸品零售時之任何包裝或標示。
Article 12	教育、宣導、訓練及公眾認知
	各會員國應使用所有適當之傳播宣導工具以促進並強化公眾對菸害防制之認知。
Article 13	菸品廣告、促銷及贊助
	1.	各會員國體認菸品廣告、促銷及贊助之全面禁絕可降低菸品消費。
	2.	各會員國在其憲法之許可下，應全面禁止菸品之廣告、促銷及贊助行為，包括全面禁止跨國界之菸品廣告、促銷及贊助。就此，各會員國應於公約對其生效後五年內採取前述手段，並依Art. 21對大會提出報告。
	3.	無法全面禁絕之會員國亦應採取限制措施，包括限制或禁止於其國內作成具有跨國影響力之廣告、促銷及贊助。
	4.	各會員國最低限度應：
		(a)	禁止任何錯誤、誤導、欺騙或造成假象的廣告、促銷及贊助；
		(b)	所有廣告、促銷及贊助應有適當之健康警語；
		(c)	限制使用直接或間接誘因促進菸品購買；
		(d)	若無法全面禁絕，應要求菸商對政府揭露其廣告、促銷及贊助所支出之費用（註：美國1998年菸商與美國各州達成2060億和解，廣告量立即增加，單在美國，2000年廣告促銷費為95億美金，2001年為112億美金，也就是在每個美國人身上花費美金39元，每個成年癮君子身上花費241美元。台灣在雜誌之菸品廣告，2003年即達新台幣2億元。）；
		(e)	五年內全面禁絕電台、電視、平面及其他如網際網路之媒體的廣告、促銷及贊助，若因憲法規定而無法全面禁絕者亦應加以限制。
		(f)	全面禁止或限制國際活動之菸商贊助。
	5.	各會員國可採取較前述更積極之手段。
	6.	各會員國應合作發展消弭跨國菸品廣告之技術或手段。
	7.	各會員國若有對廣告、促銷及贊助之限制措施，對源自他國之跨國廣告、促銷及贊助亦有管轄權，並可加諸相同之處分。
	8.	各會員國應考慮建立國際合作機制以消弭跨國界之菸品廣告、促銷及贊助。
Article 14	要求採取降低菸品依賴及協助戒菸之措施
	1.	各會員國應提倡戒煙並提供有效降低菸品依賴之醫療協助。
	2.	為達前述目的，各會員國應建立各種健康教育課程及醫療矯治中心。

第四章降低菸品供應之相關措施

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Article 15	菸品之不法交易
	菸害控制應注意菸品走私、菸品偽造仿冒等問題。
	各國應通過法令要求菸品標示可辨別其原產地。
	為避免菸品非法交易，各會員國應管控跨國菸品貿易並加強查緝菸品之走私與仿冒。
Article 16	對未成年人或由未成年人販售菸品
	1.	各會員國應立法禁止對未成年人販售菸品，包括：銷售點均應有「不得販售與未成年人」之明確標示；菸品擺設不可使消費者得直接取得；不得製造或販賣菸品形狀之糖果、點心、玩具或其他任何物品(Prohibiting the manufacture and sale of sweets, snacks, toys or any other objects in the form of tobacco products which appeal to minors.)；確保未成年人無法使用菸品自動販賣機。
	2.	不可對任何人，尤其是未成年人，發送免費菸品。
	3.	不可散裝銷售，使未成年人易於購買。
	4.	各會員國簽署批准時，得同時宣示禁止菸品自動販賣機。
	5.	各會員國應立法有效禁止未成年人販賣菸品。
Article 17	對菸草工作者取得替代經濟來源提供支持
	各會員國應合作為菸草工作者、菸農及菸品銷售者尋求替代經濟來源。

第五章環境保護

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第六章責任追究問題

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第七章科學、技術合作及資訊流通

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第八章組織安排及財源

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第九章爭端解決

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第十章公約之發展

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第十一章最終條款

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Article 30	保留條款
	本公約不得保留。
Article 31	推出
	會員國加入公約兩年後得以書面聲明退出。
Article 32	投票權
	除國際組織外，各會員國各有一票之投票權。
Article 33	議定書
	各會員國均有權利提議通過議定書。
Article 34	簽署
	本公約應開放予WHO會員國、非WHO會員國但為UN會員國及區域經濟整合組織簽署。
Article 35	認可、接受、批准或正式確認
	本公約應於各會員國或國際組織批准接受後始對其生效。
Article 36	生效
	本公約應於第四十個國家遞交批准書之日起第九十日生效。公約生效後批准者，對其自遞交批准書之日起第九十日生效。
Article 37	遞交處
	聯合國秘書長為本公約之遞交處。
Article 38	官方文字
	本公約之官方文字為阿拉伯文、中文、英文、法文、俄文及西班牙文。

國際菸草控制框架公約（FCTC）全文下載(中文) doc

pdf

世界衛生組織菸草控制框架公約的實施準則
公約第7條要求締約方會議擬訂公約的實施準則，以協助締約方履行其公約義務。

締約方會議在第二屆和第三屆會議中，通過了世衛組織菸草控制框架公約第5.3、第8、第11和第13條的實施準則。締約方會議還要求工作小組擬訂世衛組織菸草控制框架公約第9、第10、第12、第14、第17 和第18條的實施準則和建議草案，供2010年締約方會議於第四屆會議進行審議。

世衛組織菸草控制框架公約第5.3條的實施準則 doc

pdf

(防止菸草控制方面的公共衛生政策受菸草業的商業和其他既得利益的影響)

世衛組織菸草控制框架公約第8條的實施準則 doc

pdf

(防止接觸菸草煙霧)

世衛組織菸草控制框架公約第11條的實施準則 doc

pdf

(菸草製品的包裝和標籤)

世衛組織菸草控制框架公約第13條的實施準則 doc

pdf

(菸草廣告、促銷和贊助)

以下為FCTC英文內容

PART I: INTRODUCTION

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

PART II: OBJECTIVE, GUIDING PRINCIPLES
AND GENERAL OBLIGATIONS

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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

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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 cross-border advertising, promotion and sponsorship originating from its territory. In this respect, within the period of five years after entry into force of this Convention for that Party, each Party shall undertake appropriate legislative, executive, administrative and/or other measures and report accordingly in conformity with Article 21. 3. A Party that is not in a position to undertake a comprehensive ban due to its constitution or constitutional principles shall apply restrictions on all tobacco advertising, promotion and sponsorship. This shall include, subject to the legal environment and technical means available to that Party, restrictions or a comprehensive ban on advertising, promotion and sponsorship originating from its territory with cross-border effects. In this respect, each Party shall undertake appropriate legislative, executive, administrative and/or other measures and report accordingly in conformity with Article 21. 4. As a minimum, 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.
Article 14	Demand reduction measures concerning tobacco dependence and cessation
	1. Each Party shall develop and disseminate appropriate, comprehensive and integrated guidelines based on scientific evidence and best practices, taking into account national circumstances and priorities, and shall take effective measures to promote cessation of tobacco use and adequate treatment for tobacco dependence. 2. Towards this end, each Party shall endeavour to: (a) design and implement effective programmes aimed at promoting the cessation of tobacco use, in such locations as educational institutions, health care facilities, workplaces and sporting environments; (b) include diagnosis and treatment of tobacco dependence and 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

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Article 15	Illicit trade in tobacco products
	1. The Parties recognize that the elimination of all forms of illicit trade in tobacco products, including smuggling, illicit manufacturing and counterfeiting, and the development and implementation of related national law, in addition to 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. 3. Each Party shall require that the packaging information or marking specified in paragraph 2 of this Article shall be presented in legible form and/or appear in its principal language or languages. 4. With a view to eliminating illicit trade in tobacco products, each Party shall: (a) monitor and collect data on cross-border trade in tobacco products, including illicit trade, and exchange information among customs, tax and other authorities, as appropriate, and in accordance with national law and relevant applicable bilateral or multilateral agreements; (b) enact or strengthen legislation, with appropriate penalties and remedies, against illicit trade in tobacco products, including counterfeit and contraband cigarettes; (c) take appropriate steps to ensure that all confiscated manufacturing equipment, counterfeit and contraband cigarettes and other tobacco products are destroyed, using environmentally-friendly methods where feasible, or disposed of in accordance with national law; (d) adopt and implement measures to monitor, document and control the storage and distribution of tobacco products held or moving under suspension of taxes or duties within its jurisdiction; and (e) adopt measures as appropriate to enable the confiscation of proceeds derived from the illicit trade in tobacco products. 5. Information collected pursuant to subparagraphs 4(a) and 4(d) of this Article shall, as appropriate, be provided in aggregate form by the Parties in their periodic reports to the Conference of the Parties, in accordance with Article 21. 6. The Parties shall, as appropriate and in accordance with national law, promote cooperation between national agencies, as well as relevant regional and international intergovernmental organizations as it relates to investigations, prosecutions and proceedings, with a view to eliminating illicit trade in tobacco products. Special emphasis shall be placed on cooperation at regional and 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

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PART VI: QUESTIONS RELATED TO LIABILITY

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PART VII: SCIENTIFIC AND TECHNICAL COOPERATION
AND COMMUNICATION OF INFORMATION

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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

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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

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PART X: DEVELOPMENT OF THE CONVENTION

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Article 28	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

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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 twenty-first day of May two thousand and three.

＊感謝董氏基金會執行長-姚思遠教授、世界衛生組織網站(http://www.who.int/fctc/zh/)資料提供

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