Frequently asked questions about the WHO FCTC entry into force
1. When does the Treaty enter into force? Why will the WHO FCTC enter into force on 27 February 2005?
The depositary had accepted in deposit the instrument of ratification to the WHO FCTC by Peru on 30 November 2004 (the instrument was already verified). At that time, there were 39 other instruments accepted in deposit and verified Contracting Parties to the WHO FCTC. When Peru's instrument had been officially deposited, the UN Treaty section sent the information to WHO that the 40 Parties to the WHO FCTC had been achieved. However, Syria's instrument of ratification was sent in Arabic on 22 November 2004. The instrument could not be accepted in deposit until verified. The English translation of the instrument was not returned to the Treaty Section until 7 December 2004, at which point the above mentioned instrument was verified. However, the date of deposit is the date of receipt at UN Headquarters, which is 22 November 2004 in the case of Syria. The confirmation that Syria's instrument was a valid ratification was received by WHO on 8 December 2004.
In accordance with the provisions of the Convention, all 40 instruments of ratification or legal equivalent are required to trigger the entry into force of the Convention. As such, the depositary does not officially "rank" States for the purposes of this provision since all 40 are necessary to bring the Convention into force. On 29 November 2004, the Treaty Section accepted in deposit and verified Armenia's instrument of accession and Ghana's instrument of ratification, therefore, both Armenia's accession and Ghana's ratification triggered the countdown for the entry into force of the Convention, which is 27 February 2005.
2. Why is reaching 40 Contracting Parties such an important point?
As stated on the Treaty itself, 90 days after the deposit of the 40th instrument of ratification or legal equivalent, the Treaty will enter into force, and become international binding law by which countries that are Parties to it are bound by it. These countries are legally bound to implement the provisions in the Treaty accordingly. Reaching 40 Contracting Parties unleashes the next step in the process of the WHO FCTC. This sets forth the mechanism for establishing the supreme body of the Convention the Conference of the Parties (COP), which will oversee the implementation of the WHO FCTC.
3. What is the Conference of the Parties? Who will regulate the process of the Treaty?
The Conference of the Parties (COP), which is comprised of the Contracting Parties, will be the regulating body in charge of deciding in detail, inter alia, procedural, institutional, financial, and reporting matters relating to the implementation of the Treaty. The first session of the COP will take place on 6-17 February 2006, which is within a year of the entry into force, which was on 27 February 2005. The first session of the COP will be crucial for determining how the Treaty body will function. The COP will also be a forum to share and exchange technical and scientific information that will be very valuable during the implementation of national tobacco control programmes.
4. Is there a deadline for becoming a Party?
No, the Treaty will continue from now on to be open to ratification, acceptance or approval for those countries that have signed, and is open for accession for those that have not. There is no deadline for countries to become Contracting Parties to the WHO FCTC.
5. What is the advantage of being a Party?
These countries will be part of the Conference of the Parties (COP) and will be able to partake in the decisions to be made regarding COP procedural, institutional, and financial issues. As mentioned in a number of articles of the WHO FCTC, the Contracting Parties will be eligible to receive financial and technical support for implementation of the Treaty obligations.
6. Do the countries that have signed the Treaty have an obligation to implement it?
No. Signing the Treaty shows the government’s interest or intention to become a party at a later stage. Once a country has signed it is also expected that its government will act in good faith not to undermine the provisions set out in the Treaty.
7. Do countries need to sign and/or become a Party in order to implement tobacco control measures?
No. Many countries have in place important and effective tobacco control programmes, but it is important, especially with the current globalization of trade and communications, that some transnational standards prevailing across the borders are established to prevent the tobacco industry from circumventing national restrictions.
8. Do countries need to sign and/or become a Party in order to implement tobacco control measures?
No. Many countries have in place important and effective tobacco control programmes, but it is important, especially with the current globalization of trade and communications, that some transnational standards prevailing across the borders are established to prevent the tobacco industry from circumventing national restrictions.