Decision 2013/745 - 2013/745/EU: Council Decision of 9 December 2013 on the signing of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
Contents
official title
2013/745/EU: Council Decision of 9 December 2013 on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2013/745 |
| Original proposal | COM(2013)538  |
| CELEX number i | 32013D0745 |
| Document | 09-12-2013 |
|---|---|
| Publication in Official Journal | 12-12-2013; OJ L 333 p. 75-76 |
| Effect | 13-12-2013; Entry into force Date pub. +1 See Art 3 |
| End of validity | 31-12-9999 |
12.12.2013 |
EN |
Official Journal of the European Union |
L 333/75 |
COUNCIL DECISION
of 9 December 2013
on the signing, on behalf of the European Union, of the Protocol to Eliminate Illicit Trade in Tobacco Products to the World Health Organisation’s Framework Convention on Tobacco Control, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation
(2013/745/EU)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 33, 113, 114 and 207(4), first subparagraph, in conjunction with Article 218(5) and 218(8), second subparagraph, thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
On 22 October 1999, the Council authorised the Commission to negotiate, in the context of the World Health Organisation (WHO), a Framework Convention on Tobacco Control (FCTC) and related protocols. This authorisation was amended by the Council on 21 April 2001 and, on 20 December 2007, in relation to the Protocol to Eliminate Illicit Trade in Tobacco Products (‘the Protocol’). Negotiations were conducted by the Commission within the terms of the negotiating directives adopted by the Council and were successfully finalised by the adoption of the Protocol at the fifth Conference of the Parties to the WHO FCTC on 12 November 2012, in Seoul, Republic of Korea. |
(2) |
The conclusion of the FCTC was approved on behalf of the Community by Council Decision 2004/513/EC (1), which is a condition for the Union’s becoming a Party to the Protocol. |
(3) |
The Protocol represents a significant contribution to the international efforts to eliminate all forms of illicit trade in tobacco products, which constitute an essential component of tobacco control. |
(4) |
The Union has exclusive competence for a number of provisions of the Protocol which fall within the scope of the Union’s common commercial policy or where corresponding Union legislation has been adopted. Therefore, the Protocol should be signed on behalf of the Union, subject to its conclusion at a later date. |
(5) |
By signing the Protocol, the Union will not be exercising shared competence, hence Member States retain their competence in the areas covered by the Protocol which do not affect common rules or alter the scope of such rules. |
(6) |
The Protocol sets out obligations for the contracting parties related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation. As a consequence, those provisions fall within the scope of Title V of Part Three of the Treaty on the Functioning of the European Union, and the Protocols (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice and (No 22) on the position of Denmark, both annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, apply. |
(7) |
A separate decision (2) relating to the signing of the Protocol, as regards its provisions on obligations related to judicial cooperation in criminal matters, |
HAS ADOPTED THIS DECISION:
Article 1
The signing of the Protocol to Eliminate Illicit Trade in Tobacco Products to the WHO Framework Convention on Tobacco Control, with the exception of its provisions on obligations related to judicial cooperation in criminal matters, the definition of criminal offences, and police cooperation, is hereby authorised subject to the conclusion of the said Protocol (3).
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union, with the exception of its provisions on obligations related to...
More
This text has been adopted from EUR-Lex.
This dossier is compiled each night drawing from aforementioned sources through automated processes. We have invested a great deal in optimising the programming underlying these processes. However, we cannot guarantee the sources we draw our information from nor the resulting dossier are without fault.
This page is also available in a full version containing the legal context, de Europese rechtsgrond, other dossiers related to the dossier at hand and the related cases of the European Court of Justice.
The full version is available for registered users of the EU Monitor by ANP and PDC Informatie Architectuur.
The EU Monitor enables its users to keep track of the European process of lawmaking, focusing on the relevant dossiers. It automatically signals developments in your chosen topics of interest. Apologies to unregistered users, we can no longer add new users.This service will discontinue in the near future.