... Adopted at the Sixth Plenary Meeting, November 18, 2010, the COP-4 Punta del Este
R ecalling the preamble to the Constitution the World Health Organization in which it states that the enjoyment of the highest attainable health is one of the fundamental rights of every human being
R ecalling the preamble WHO Framework Convention Snuff Control (WHO FCTC), which states that the Parties to the Convention are determined to give priority to their right to protect public health, in view of the devastating health, social, economic and environmental consequences of consumption of snuff and snuff smoke exposure in the world;
R Recognizing that the spread of the tobacco epidemic is a global problem with serious consequences for public health and science has demonstrated unequivocally that the use of snuff and snuff exposure to secondhand smoke cause death, disease and disabilities that affect all sectors of the population of all countries and especially the youth sector population
R Recognizing that measures to protect public health, including those related to the implementation of the FCTC and its guidelines, come within the purview of sovereign states legislate in the public interest, including public health
T iven that Article 5.3 of the FCTC states: "At the time of setting and implementing their policies public health for the monitoring of snuff, act in a way to protect these policies against the interests commercial and other vested interests of the tobacco industry in accordance with national law ";
R ecalling Article XX (b) of the General Agreement on Tariffs and Trade (GATT 1947), which states that nothing in this Agreement shall be construed to prevent any contracting party to adopt or implement measures necessary to protect public health, provided that not applied in a manner that constitutes a means of arbitrary or unjustifiable countries where the same conditions prevail or a disguised restriction on international trade;
R ecalling Article 2.2 of the Agreement on Technical Barriers to Trade, which specifies that members shall ensure that not prepare, adopt or apply technical regulations which have as their object or effect of creating unnecessary obstacles to international trade and to this end, technical regulations shall not more trade restrictive than necessary to achieve a legitimate objective, such as the protection of human health or safety, taking into account the risks non-fulfillment;
R ecalling Article 7 of the Agreement on Trade-Related Property Rights Trade-Related Intellectual Property Rights (TRIPS), which stipulates that the protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and transfer and dissemination of technology, mutual benefit producers and users of technological knowledge and in a manner conducive to social and economic welfare and the balance of rights and obligations;
R ecalling Article 8 of the TRIPS Agreement, which states that members may adopt the measures necessary to protect public health, provided that such measures are consistent with the provisions of this Agreement;
Recalling paragraph 4 of the Doha Declaration on the TRIPS Agreement and Public Health, which provides that the Agreement should not prevent members from taking measures to protect public health. Accordingly, while reiterating our commitment to the TRIPS Agreement, this can and should be interpreted and implemented in a way that supports the right of WTO members to protect public health;
R ecalling further that paragraph 5 (a) of the Declaration recognizes, the light of paragraph 4, although we maintain our commitments to the TRIPS Agreement, we recognize that between these flexibilities include that, applying the customary rules of interpretation of public international law, each of the provisions of the TRIPS Agreement is interpreted in the light of the object and purpose of that agreement, as expressed in particular in its objectives and principles,
Parties to the WHO Framework Convention for the Control of DECLARE snuff :
1. Its determination prioritize implementation of sanitary measures to control the consumption of snuff in their respective jurisdictions.
2. His concern for the actions of the tobacco industry seeking to subvert and undermine the government policies of control of snuff.
3. The need to exchange information on national and international activities of the tobacco industry that interfere with the implementation of public health policies regarding the control of snuff.
4. That according to the provisions of Articles 7 and 8 of the TRIPS Agreement and Declaration Doha, Parties may take measures to protect public health, and in particular to regulate the exercise of intellectual property rights in accordance with national policies on public health, provided that such measures are consistent with the Agreement.
5. That Parties have the right to define and implement national public health policies designed to properly fulfill the agreements and commitments undertaken under the aegis of the World Health Organization, and in particular the WHO FCTC.
6. The need to urge the Ad Hoc Interagency Working Group of the United Nations Tobacco Control to support multi-sectoral and inter-agency coordination to strengthen the implementation of the FCTC in the entire United Nations system.
7. The need to include the 'challenges to the control of snuff "on the agenda of the summit on noncommunicable diseases will be organized by the United Nations in 2011.
8. The need to encourage all countries that have not yet done so to ratify the FCTC, to implement its provisions and to take the measures recommended in its guidelines.
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