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)