Council Decision of 2 June 2004 concerning the conclusion of the WHO Framework Convention on Tobacco Control (2004/513/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 95, 133 and 152, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament(1),

Whereas:

(1) The Commission has negotiated on behalf of the Community a Framework Convention on Tobacco Control under the auspices of the World Health Organisation (WHO).

(2) This Convention was signed, on behalf of the European Community, on 16 June 2003 subject to its possible conclusion at a later date, in accordance with the Decision by the Council on 2 June 2003 .

(3) This Convention should be approved.

(4) Both the Community and its Member States have competence in the areas covered by the Convention. It is therefore desirable for the Community and its Member States simultaneously to become Contracting Parties in order to carry out together the obligations laid down in the Convention and exercise together the rights it confers in cases of shared competence in order to guarantee uniform application of the Convention,

HAS DECIDED AS FOLLOWS:

Article 1

The WHO Framework Convention on Tobacco Control is hereby approved on behalf of the Community.

The text of the Convention is attached to this Decision as Annex I.

Article 2

The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the European Community the act of approval provided for in Article 35 of the Convention, in order to express the consent of the Community to be bound and to make the declaration contained in Annex II to this Decision, together with the interpretative declaration set out in Annex III to this Decision.

Done at Luxembourg, 2 June 2004 .

For the Council

The President

M. Martin

(1) Opinion delivered on 21 April 2004 (not yet published in the Official Journal).