The WHO Framework Convention on Tobacco Control (FCTC) became
effective on February 27. This is the first international health
treaty drawn up by the WHO and, of the 168 countries that
originally signed it, 51 have now ratified it.
Xiong Bilin, an official from the National Development and
Reform Commission (NDRC) said China signed the convention in
November 2003, the 77th country to do so, and is presently in the
process of ratifying it.
China attended negotiations on the convention's drafting, and
the final draft is thought to be close to its initial expectations
regarding issues of packaging, advertising and liability.
The FCTC requires country parties to adopt extensive bans on
tobacco advertising, to raise the price of and tax on tobacco
products, and to give health warnings on packaging, as well as
adopting other control measures to prevent people being affected by
passive smoking.
According to a Foreign Ministry official, Article 19 of the FCTC
will have the greatest impact on China. This article requires that
member countries deal with criminal and civil liability through
legislative action and promoting law enforcement.
One of the expected direct effects will be an increase in
tobacco related lawsuits, especially with regard to compensation.
Article 19 to some extent gives passive smokers the right to
protection from the harm of others' smoking. Up to now, 88 Chinese
cities have banned public smoking.
The FCTC will also challenge state monopoly of the tobacco
industry. One expert named Zhou Yangmin said it would have far more
impact on the government than on consumers and manufacturers. He
said that stipulations for tobacco control imply free and fair
competition, which would require private investment in the
industry.
China is one of a few countries still exercising a state
monopoly on tobacco. Production and delivery of tobacco products
are under strict government control. According to the State Tobacco
Monopoly Bureau, China is now the No.1 producer and consumer of
tobacco products in the world, producing 30 percent of the world's
cigarettes while consuming one third. Tax and profits from the
industry account for about 10 percent of government revenue.
Article 6 of the FCTC aims to reduce tobacco sales through price
and tax hikes. Jiang Yuan with the China Center for Disease Control
and Prevention said that if the price of a packet of cigarettes is
raised by 10 percent, sales will fall by about 4 percent in
high-income countries, and 8 percent in medium and low-income
countries.
The NDRC official said China is sufficiently prepared for the
impact of the FCTC. He said its concerns have been addressed in the
convention's negotiation process, and that it will not have a
negative impact on justice and legislation systems.
In what could have been a signal of intent, the Beijing
Municipal Administration for Industry and Commerce banned on
February 23 five television advertisements suspected of indirectly
promoting tobacco products, contravening existing regulations
against tobacco advertising.
(China.org.cn by Wind Gu, March 3, 2005)