WHO Framework Convention on Tobacco Control enters into force

An International Treaty for Tobacco Control

On 27 February, The WHO Framework Convention on Tobacco Control (FCTC) enters into force, becoming binding international law for its Contracting Parties.

The FCTC is the first global public health treaty created under the auspices of the World Health Organisation. The final text was adopted unanimously in May 2003 (see related EPHA’s article).

Key provisions of the Treaty

The Framework Convention covers all aspects of tobacco control including tobacco advertising, health warning labels, price and tax issues, illicit trade (smuggling) and smoking cessation programmes.

Article 11 of the FCTC recommends that health warnings on cigarette packages should occupy 50% or more of the principal display areas, but requires that they be no less than 30%. It also bans the use of misleading descriptors such as ’low tar’, ’light’, or ’mild’. This is required within three years of Convention’s entry into force.

Article 13 requires that each party to the Convention, as far as its constitution permits, undertake a comprehensive ban on all forms of tobacco advertising, promotion and sponsorship within 5 years of the Convention’s entry into force for that state.

Ratification process

At the moment there are 57 Country Parties to the Convention. The Treaty will continue to be open for ratification and accession indefinitely for States wishing to become parties to it.

The FCTC requires ratification both from the European Community and each of its member countries. This is caused by the fact that the competences of the two with regard to tobacco control are mutually exclusive. So far the Convention has been ratified by 12 of out 25 EU Member States. The Community has signed the Convention but not yet ratified it.

EU initiatives at tobacco control

Tobacco control policy in the EU has been limited by the lack of a dedicated public health legal base. To date, all of the legislation on labeling, advertising and product regulation has been based on the internal market legal base (Article 95 EC) rather than the public health one (Article 152), which does not permit this type of legislation.

In spite of this, considerable progress has been made in the last 20 years including, inter alia, the directives on tobacco advertising, tobacco products and tobacco taxation.

During his hearing in the European Parliament Markos Kyprianou, EU’s new Public Health Commissioner, pledged to aim for an EU-wide ban against smoking in workplaces and in other public areas, following the example of Ireland.