Table 2

Evolution of trade and health text during the framework convention on tobacco control negotiations

Working GroupINB1INB2INB3INB4INB5INB6FCTC
27–29 March 200016–21 October 200030 April - 5 May 200122–28 November 200118–23 March 200214–25 October 200217–28 February 200321 May 2003
Guiding Principle D.4Guiding Principle D.4Guiding Principle D.5Guiding Principle D.5Guiding Principle D.5Article 4.553Article 4.8Preamble
Trade policy measures for tobacco control purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international tradeTrade policy measures for tobacco control purposes should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international tradeTobacco-control measures should not constitute a means of arbitrary or unjustifiable discrimination in international trade{5. Tobacco-control measures (taken to protect human health) {should not {constitute}/(be deemed as constituting) a means of arbitrary or unjustifiable discrimination in} (must take into account the rules of) international trade}(Priority should be given to measures taken to protect public health when tobacco control measures contained in this Convention and its protocols are examined for compatibility with other international agreements) or (The Parties agree that tobacco control measures shall be transparent, non-discriminatory and implemented in accordance with their existing international obligations) or (Tobacco control measures should not constitute a means of arbitrary or unjustifiable discrimination in international trade.) or (Tobacco control measures taken to protect human health should not be deemed as constituting a means of arbitrary or unjustifiable discrimination in international trade)While recognising that tobacco control and trade measures can be implemented in a mutually supportive manner, Parties agree that tobacco control measures shall be transparent, implemented in accordance with their existing international obligations, and shall not constitute a means of arbitrary or unjustifiable discrimination in international trade(4.8. While recognising that tobacco control and trade(-related) measures can be implemented in a mutually supportive manner (to protect public health), Parties agree that tobacco control measures shall be transparent, implemented in accordance with their existing international obligations, and shall not constitute a means of arbitrary or unjustifiable discrimination in international trade. or Tobacco control measures taken to promote public health in accordance with the provisions of this Convention shall not be deemed as constituting a means of arbitrary or unjustifiable discrimination in international trade.)The parties to this convention, determined to give priority to their right to protect public health, …
Article 2.3 Nothing in this Convention and its related protocols shall be interpreted as implying in any way a change in rights and obligations of a Party under any existing international treatyArticle 2.3 (2.3. (Priority should be given to measures taken to protect public health when tobacco control measures contained in this Convention and its protocols are examined for compatibility with other international agreements)/(Nothing in this Convention and its related protocols shall be interpreted as implying in any way a change in the rights and obligations of a party under any existing international treaty))
  • Bold font: Original text {…} – Deletion of text (…) – Insertion of text.