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. Author manuscript; available in PMC: 2011 May 6.
Published in final edited form as: Tob Control. 2010 Oct 13;20(1):e3. doi: 10.1136/tc.2009.035352

Table 2.

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

Working Group INB1 INB2 INB3 INB4 INB5 INB6 FCTC
27–29 March 2000
Guiding Principle D.4
Trade policy measures
for tobacco control
purposes should not
constitute a means of
arbitrary or unjustifiable
discrimination or
a disguised restriction on
international trade
16–21 October 2000
Guiding Principle D.4
Trade policy measures
for tobacco control
purposes should not
constitute a means of
arbitrary or unjustifiable
discrimination or
a disguised restriction on
international trade
30 April - 5 May 2001
Guiding Principle D.5
Tobacco-control
measures should not
constitute a means of
arbitrary or unjustifiable
discrimination in
international trade
22–28 November 2001
Guiding Principle D.5
{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}
18–23 March 2002
Guiding Principle D.5
(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)
14–25 October 2002
Article 4.553
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
17–28 February 2003
Article 4.8
(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.)
21 May 2003
Preamble
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
treaty
Article 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))