ANALYSIS OF THE LEGAL STATUS OF OBSERVERS IN THE WORLD CUSTOMS ORGANIZATION

Mozer Sergei

РУССКИЙ

Sergei MozerPh.D. (Law)

Senior Researcher in the Research Institute of the Russian Customs Academy

e-mail: moser@teloneum.net

Web: http://customs-academy.net/?page_id=10398

ORCID: https://orcid.org/0000-0002-3143-427X

Published: Economic Problems and Legal Practice – Vol. 18,  № 1. – 2022.- pages 117-124. © S.V. Mozer, 2022

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When using the article referance is required

 

 

Purpose

To analyze the legal status of observers in the World Customs Organization (WCO).

Design/methodology/approach

The research article is devoted to the issue of the legal status of observers in the WCO. The subject of the study is the legal instruments and tools of the World Customs Organization, as well as its acts regulating the legal status of observers. The research material presents the historical aspects of the participation of observers in the WCO activities, analyzes their international legal status, and also considers the procedural aspects of the work of observers in the activities of the working bodies of this organization. Based on the results of the study, conclusions and recommendations were formed within the framework of cooperation between the Eurasian Economic Commission and the WCO.

Social implications

Conducting a study of the legal status of observers in the WCO is associated with the implementation of paragraph 11.7.5 of the Strategic Directions for the Development of Eurasian Economic Integration until 2025[1] in terms of cooperation with this international organization.

Practical meaning

The results of the study are of interest to the customs cooperation block of the Eurasian Economic Commission (EEC), and can be used by specialists from customs and other executive authorities in the EEU Member States, EEC experts to organize and implement mutually beneficial customs cooperation between the EEC and the WCO.

The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence».

Originality/value

The research material is based on an analysis of the practical aspects of the activities of the EEC, the WCO and is a continuation of scientific and practical publications on the improvement of the EEU law in the framework of interaction with the WCO.

Keywords: The World Customs Organization, the WCO, the Eurasian Economic Union, EEU, the Eurasian Economic Commission, EEC, customs regulation, customs administration, international customs law, customs, observer, customs and economic union, intergovernmental organizations, non-governmental international organizations.

 

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Introduction. The World Customs Organization (WCO, Organization) is the main international platform on which international standards of customs administration are determined. Most countries of the world are its members. At the same time, a significant number of subjects interact with the WCO in the status of an observer.

Customs regulation of almost all countries of the world, economic and customs unions is based on WCO standards.

The Eurasian Economic Union (hereinafter referred to as the EEU, the Union) is competent in the field of customs regulation, which the intensification of interaction between the Union and the international customs organization.

In this regard, the interaction of the Eurasian Economic Commission (hereinafter – the EEC, the Commission) with the Organization in the field of customs regulation is one of the important strategic areas of international customs cooperation. Today, the Commission consistently continues the line of building relations with the WCO.

The initial stage of cooperation between the Union and the WCO was the signing in 2016 of the Memorandum of Understanding between the EEC and the WCO dated June 17, 2016.[2] 

Representatives of the Commission in the status of an observer got the opportunity to participate in meetings of various WCO bodies [3]and determine international standards in the field of customs regulation, while presenting to the international customs community the opinion of the Commission on the affected customs issues that are within the competence of the Union.

This allows introducing the advanced developments of the Union into international standards and taking into account the WCO legal instruments and tools when improving the law of the Union in the field of customs regulation.

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It should be noted that the primary task of the Customs block of the Commission is to further build the capacity of the Union and the Commission in the WCO bodies, primarily for the possibility of influencing WCO decision-making in the development of legal tools.

To do this, in the Strategic Directions for the Development of Eurasian Economic Integration until 2025[4] the following activities are envisaged:

         «11.7.5. Development of cooperation with the World Customs Organization (WCO):

         – carrying out joint actions with member states aimed at obtaining the Union’s membership status in the WCO;

         – study of the possibility of joining the Union to the WCO fundamental documents».[5]        

The demand for the study of the legal status of observers in the WCO is due to a number of circumstances:

– there is no uniform interpretation of the term «legal status of a WCO observer» in legal science. Previously conducted scientific research was limited to consideration of general issues of the functioning of the WCO and the activities of its working bodies;

– there is no comprehensive analysis and classification of entities that can be granted the legal status of an observer in the WCO.

Despite the active development of the Commission’s relations with the WCO, there is no comprehensive study of scientific developments on the legal status of the Commission in this organization as an observer;

– to date, there is no analysis of the rules and procedures of the WCO working bodies, as well as the legal means of the Organization, in terms of granting the legal status of an observer to interested entities, such as non-Member countries; intergovernmental organizations; regional entities, including customs and economic unions; non-governmental international organizations; national bodies representing manufacturing, trade and transport interests and private firms;

– there are no analytical materials on the WCO approaches, the current legal regulation, the rights and obligations established by the internal acts of the Organization for observers, when participating in meetings of its working bodies;

– there are no scientific and methodological recommendations for improving legal relations between the EEC and the WCO.

These circumstances determine the relevance of this study.

Object of study are the legal relations associated with obtaining the legal status of an observer in the WCO, as well as the legal consequences arising in this regard.

The subject of the study is the WCO legal instruments and tools, as well as its acts regulating the legal status of observers.

Purpose of the study consists in developing scientific and practical recommendations for improving the legal status of the EEC as an observer in the World Customs Organization.

  1. Legal prerequisites for the participation of observers in meetings of the working bodies of the World Customs Organization

Let us consider the historical aspects and legal prerequisites for the formation of the legal status of an observer in the WCO. First of all , we note that in June 2002, at the 99th/100th sessions of the Customs Cooperation Council, Decision 308 was adopted in pursuance of the recommendations of the Ad Hoc Group on Committee Structures and Working Methods,[6] which met in 2001 to study the structure, functioning and management of WCO working bodies.[7] The Council Decision includes the following two provisions regarding observers at WCO meetings:

– International organizations should be invited to attend meetings, where appropriate.

– The Secretariat should develop ways to better integrate private sector organizations into the work of the WCO working bodies.[8]

It is worth noting that a little earlier at the 46th meeting of the WCO Policy Commission (hereinafter referred to as the Policy Commission), held in December 2001, a thesis was expressed about the need to develop criteria for granting observer status to requesting organizations, as well as developing mechanisms that allow private sector organizations to more fully integrate into the WCO work and its working bodies.[9]

In fact, the issue of observer status was not discussed in detail at any of the meetings of the Ad Hoc Group, although it was identified by the Group – and the meeting of WCO committee chairs – as an important issue requiring attention and guidance. The issue of observer status was considered to have political implications and was therefore outside the competence of the Ad Hoc Group. Consequently, the Council agreed that the Policy Commission would consider this matter on the basis of proposals from the Secretariat. In order to consider this issue, at the 48th meeting of the WCO Policy Commission, which took place on December 11, 2002, a note «On Observer Status» was prepared.[10]

The WCO Secretariat provided the Policy Commission with the materials necessary to make an informed recommendation on this issue. The analyzed material includes:

(a) brief notes on WCO legal provisions relating to observer status;

(b) a description of the current situation with respect to the various categories of observers, with some judgments on how this compares with the practice of other intergovernmental organizations, followed by the views and suggestions of the Secretariat on possible areas for improvement in the ongoing work, and

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(c) Draft Guidelines on Observer Status (Guidelines concerning observes) based on the above opinions and suggestions.[11]

  1. Classification of WCO observers

One of the objectives of this study is to classify the entities that can be granted legal observer status in the WCO. The following are the main principles of the World Customs Organization for the organization of cooperation with observers.

Non-Member countries

Inviting non-member countries to attend WCO meetings is seen as a practical means of encouraging new accessions. In the absence of any obvious geopolitical factors, the draft list should include any non-member customs administrations that:

– have recently shown interest in the work of the relevant body;

– asked to be invited or

– attended the previous meeting of the same body.

For Council meetings each June, the Secretariat’s draft list of observers should also include countries that have completed their formalities with the Belgian Foreign Office for accession and should become WCO members from 1 July.[12]

Intergovernmental organizations

A number of intergovernmental organizations, including some of the specialized agencies of the United Nations, deal with trade, transport and travel issues that are relevant to customs in general. Other intergovernmental organizations, whose work, at first glance, is not related to customs, may from time to time show interest in a particular program or draft document being developed by a WCO body.

The Secretariat’s draft list of observers for each meeting should include both of the above types of intergovernmental organizations, as appropriate. The list should include, but not be limited to, relevant intergovernmental organizations that have previously participated in the relevant body. The aim should be to invite intergovernmental organizations that:

– will be able to provide at the meeting specific information or experience in relation to one or more items on the agenda of the meeting;

– work on tools or programs that partially coincide with or complement those that will be discussed at the meeting; or

– may, as a result of attending the meeting, be involved in the involvement of the WCO in their own projects or in highlighting the work of the WCO in the intergovernmental community.

Within that general line, the Secretariat should ensure that its draft lists remain focused and do not become unnecessarily long over time. This can be achieved in particular through:

– termination of the invitation of intergovernmental organizations that did not accept invitations during the last 18 months to 2 years (depending on the frequency of meetings). Of course, they can be reinstated later if they show interest in participating again; as well as

– termination of the invitation of organizations previously invited for thematic reasons, as soon as the relevant topic disappears from the agenda.

Regional entities, including customs and economic unions

Inviting customs and economic unions and similar regional organizations to attend meetings of WCO bodies as observers can encourage and help them incorporate the content of WCO instruments into their regional instruments, as well as provide a useful opportunity for the Secretariat to hold informal discussions with observers during their visits to Brussels, tell about the customs aspects of the work of this regional organization.

The presence of observers from regional organizations can also help offset the fact that WCO members in some regions are often unable to travel to Brussels for meetings, and also provide an indirect link to the WCO and its activities for some small island states that are interested in the work of the Organization, but cannot qualify for membership.

The draft list of observers of the Secretariat for each meeting should include all regional organizations that have requested to attend meetings of the relevant body or have recently corresponded with the Secretariat on any key topics on the meeting’s agenda.

It is needed to stop inviting regional organizations if they have not attended a meeting of the relevant WCO body within the last eighteen months or two years.

Non-Governmental International Organizations

Non-governmental international organizations representing commercial and non-commercial interests can make a significant contribution to the work of WCO bodies in providing technical expertise and sharing views and experiences from the sectors they represent.

For most meetings, the Secretariat’s draft list of observers is likely to include a number of non-governmental international organizations. The list should include, but not be limited to, relevant non-governmental organizations that have previously participated in the work of the relevant body, provided that the Secretariat is satisfied that they can make a significant contribution to this work.

Unless circumstances so require, the aim should be to invite (if necessary seek out) non-governmental organizations that:

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– really international;

– active and efficient in their field;

– represent a sector whose activities are important and directly related to the work of the relevant body;

– represent a sector that is not yet sufficiently represented by another NGO in the draft list.

In order to facilitate the assessment against the above criteria, non-governmental organizations that have not previously participated in the work of the WCO, who apply to the Secretariat for an invitation to a WCO meeting, should be asked to explain why they are seeking this status and what contribution they can make to the work of the relevant WCO body. They should also be asked to provide:

– a brief description of their history and origin;

– details of the nature of their activities;

– details of the nature, number and geographical distribution of the national associations/private firms they represent;

– copies of the latest editions of any newsletters or other publications they send to their members;

– a list of other intergovernmental organizations in which they currently have observer status;

– an indication of how their activities differ from those of any other non-governmental international organizations active in the same sector.[13]

The Secretariat should ensure that its draft lists remain focused and do not become excessively long over time. This can be achieved in particular through:

– termination of invitations to non-governmental international organizations that did not accept invitations during the last 18 months to 2 years (depending on the frequency of meetings). Subsequently, they can be reinstated if they again show interest in participating; as well as

– termination of the invitation of organizations previously invited for thematic reasons, as soon as the relevant topic disappears from the agenda.

National bodies representing manufacturing, trade and transport interests and private firms

The World Customs Organization is an intergovernmental organization, and therefore its committees and other working bodies should have as their partners international, not national bodies, as well as international associations representing the interests of private firms, and not individual private firms themselves. However, some government-funded trade facilitation bodies that have made valuable contributions to the work of the WCO over the years should be allowed to attend meetings of WCO bodies as observers.[14]

Consequently, neither national authorities nor private companies are allowed to attend meetings of WCO bodies as observers. However, there may be cases where national bodies or national firms may be invited to attend meetings of WCO working bodies as experts/advisers only on certain specific agenda items.

In any case, national organizations and private firms should be actively encouraged to participate in the annual WCO Open Days on Trade, the WCO Business Partnership and the Organization’s various symposiums and other trade-related events.

Conclusions and recommendations

The comprehensive analysis of the legal status of WCO observers[15] made it possible to formulate the following conclusions:

  1. The issue of more active involvement of international organizations and the development of ways to better integrate private sector organizations into the work of the WCO working bodies was initiated in 2001 by the Policy Commission and the Customs Cooperation Council. This topic touched upon, among other things, the development of criteria for granting observer status to requesting organizations, as well as relevant mechanisms. For the WCO, the issue of observer status has political implications.
  2. Today, the rules of procedure of the main WCO technical committees (bodies) provide for the possibility of inviting representatives of the governments of countries that are not members and international organizations as observers (wording may be different). An analysis of the rules of procedure showed that in some cases, the WCO Secretary General may invite observers on his own, in others – only upon agreement with the chairman of the relevant working body.

There is no official accreditation procedure for observers.

  1. Prior to 2003, none of the WCO legal texts contained any guidance as to the purpose or procedures for inviting observers, or any information that could help in deciding which international organizations and other bodies to invite.

The legal texts of the rules and procedures of a number of WCO working bodies contain provisions on the possibility of participation of observers at meetings. However, such internal acts do not disclose the procedure for inviting, direct participation of observers in the work of a particular WCO body, as well as the rights and obligations of observers. Exception – observers can take part in the discussion of issues on the agenda of the meeting, consult, make presentations, but not take part in the decision-making process.

4. The study made it possible to identify the following groups of observers of the World Customs Organization:

-non-member countries;

intergovernmental organizations;

-regional entities (for example, customs and economic unions );

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non-governmental international organizations;

– national bodies representing manufacturing, trade and transport interests and private firms.

A description of the legal status of each of the named observers is presented above in this article.

  1. The WCO policy to admit observers, which are not its members, to most of its meetings as observers is broadly in line with the policies of other intergovernmental organizations, although it is noted that some organizations have formal accreditation procedures for observer governments or require membership formalities to be completed for a certain period of time.

To date, the WCO does not see a particular need to impose an additional administrative burden on itself by introducing a formal accreditation procedure for observers.

In order to ensure strict compliance with the Organization’s legal instruments on observer status since 2003, the Secretariat has proposed a simple procedure, obtaining the Secretariat’s approval from the Chairman of the Council or the Chairman of the relevant committee before inviting any observers, and preparing a list of all observers[16] who have been invited to attend meetings of any WCO bodies as observers during the previous twelve months. This list shall be circulated for information at Council sessions each year.

  1. Intergovernmental organizations are considered to play a much more important role at WCO meetings than observer countries, not only in terms of numbers, but also in terms of their impact on the work. Their participation is of great practical and strategic importance for the Organization because:

– it provides a means to ensure that the tools and programs developed by WCO bodies complement the tools and programs of other intergovernmental organizations working in similar areas and do not duplicate or conflict with their work ;

observers from other intergovernmental organizations will often be able to provide useful input from experts on various trade, transport and public health/security issues discussed at meetings of WCO bodies ;

these observers will report to their organizations on what the WCO is doing, thereby helping to raise the WCO profile in the intergovernmental community;

– by inviting observers from other intergovernmental organizations to participate in its meetings, the WCO maximizes the chances of obtaining observer status in these organizations, which in turn gives the WCO the opportunity to increase its credibility, and also seeks to ensure that customs issues are properly addressed in tools and programs interested intergovernmental organizations.[17]

         According to the author, the above theses can be applied to customs and economic unions and, above all, to the EEU. Thus, the Customs Cooperation bloc of the Eurasian Economic Commission, as part of its rule-making activities, develops legal means, referring to the WCO legal instruments and tools. Representatives of this bloc, participating in meetings of various WCO working bodies, certainly make a useful contribution when considering issues of improving customs regulation and facilitation of trade procedures. The significance of the WCO authority in the EEU is evidenced at least by the fact that the Strategic Directions for the Development of Eurasian Economic Integration until 2025 provide for a number of measures, including «11.7.5. Development of cooperation with the World Customs Organization (WCO):

         – carrying out joint actions with member states aimed at obtaining the Union’s membership status in the WCO;

         – study of the possibility of joining the Union to the fundamental WCO documents».[18]

         The issue of granting observer status to the WCO in the EEU has not yet been raised and can be considered as a prospect for the future. However, we repeat again, the WCO authority in the international customs community, as well as in the framework of the Eurasian economic integration, is quite high.

  1. Speaking about the legal status of customs and economic unions in the WCO, it is worth noting that such entities are classified in the group «Regional entities (ie, Customs and Economic Unions, and similar regional bodies not representing the private sector)».[19] In 2002, the WCO Secretariat was asked to try to work more closely with customs and economic unions and similar regional entities around the world. Against this backdrop, the Secretariat considered that regional organizations that express an interest in attending meetings as observers should definitely be allowed to do so, as this could encourage and help them incorporate the content of WCO documents into their regional instruments, as well as provide the Secretariat with a useful opportunity to conduct informal discussions with observers during their visits to Brussels on customs aspects of the work of regional organizations. For reference, we note that the same provision is reflected in the WCO Guidelines on Observers.

The Secretariat is of the opinion that regional organizations that request to attend meetings of WCO bodies as observers should be invited to do so.[20]

Within the framework of comparative law, we note that the European Community was already in 2002 called a special case for the WCO, since it was a full member of several main working bodies of the WCO. 

  1. In June 2003, at the 101/102 sessions of the Customs Cooperation Council, which took place in Brussels from 26 to 28 June 2003,[21] the Guidelines on observers were approved.[22] The purpose of the document is to introduce clear and transparent principles that facilitate the invitation of observers whose participation would be beneficial to the WCO.

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Along with fixing the position of the WCO Secretariat in 2002 on the need to invite customs and economic unions to sessions of the WCO working bodies, the Guidelines fix the following procedural aspects:

«The Secretariat’s draft list of observers for each meeting should include all regional organizations that have requested to attend meetings of the relevant body or have recently corresponded with the Secretariat on any key topics on the meeting’s agenda.

It should be stopped inviting regional organizations if they have not attended a meeting of the relevant WCO body within the last eighteen months or two years».

Here it is important to pay attention to the mandatory nature of the presence of regional organizations, including customs and economic unions, at meetings of the working bodies of the Organization and their active participation in the WCO work. Otherwise, the interested subject (entity) may be excluded from the list of observers .

  1. Analysis of the practice of interaction between the Commission and the WCO, as well as legal instruments and tools, allows us to highlight the following rights and obligations of observers in the WCO:
  • exchange open information and documents of mutual interest;
  • participate by invitation in events held by the WCO;
  • hold joint meetings, consultations, scientific and practical seminars and conferences on issues of mutual interest;
  • take part in the discussion of the agenda of the meeting of the WCO working bodies;
  • prepare a position, corrections and proposals on the agenda of the meeting and working materials, as well as voice them at the sessions of the working bodies;
  • submit documents for consideration, written comments to the Secretariat documents;
  • voice proposals for the modernization of WCO legal instruments and tools, as well as programs for the development of customs regulation and trade facilitation;
  • make proposals for making changes and additions to the draft final report of the meeting of the WCO working body on issues that were voiced by the observer;
  • provide consultations and presentations on the agenda of the meeting;
  • influence through discussions on a particular issue or course of action being pursued;
  • to participate with the Secretariat in correspondence during the intersessional period;
  • provide technical knowledge, special information;
  • disseminate the views and experiences of the organizations and the regulatory sectors they represent;
  • share with the WCO regional experience on customs regulation and trade facilitation;
  • be involved in the World Customs Organization projects;
  • download relevant working papers directly from the website of WCO Members;
  • take seats in the meeting room immediately behind the last row of seats occupied by member delegations;
  • do not have the right to vote;
  • if the chair of a WCO working body deems it necessary, observers may be asked to leave the meeting room during voting.

In our opinion, the legal status of an observer gives broad powers to interact with the WCO. In practice, the observer has the opportunity to represent the interests of its organization, to express positions on any issue on the agenda of the meeting, which is associated with its competence. The only limitation is the lack of the right to vote, as well as the lack of competence in the formation of the agenda of the session of the working body of the Organization.

  1. The rules of procedure, as well as the established procedure for cooperation with observers, do not contain normative restrictions on their participation in the discussion of the agenda. On the contrary, the active involvement of observers in improving customs regulation at the WCO site is only welcomed by the Secretariat. Another issue is that not all initiatives of observers can be taken into account by the WCO working body. But there may be political and practical reasons for this.

If we are talking about regional entities, such as customs and economic unions, then the organization of joint work and coordination of efforts of this category of observers and WCO member countries that are the subject of a regional association (customs or economic union) can become a solution to the problem. Here, it is necessary to develop legal procedures for the interaction of the executive body of the union, as an observer of the WCO (in whose competence are customs regulation issues) with the customs services of the member states of this union on issues considered at the WCO site, as well as agreeing a joint position on the agenda of the meeting in the Organization. The optimal solution, in our opinion, is the creation of a permanent advisory body for interaction with the WCO, which includes experts from the executive body of the customs or economic union and the customs authorities of the member states of such a union.

Full participation of customs and economic unions in the WCO work and representation of the interests of such unions and their member states makes it possible to monitor the development of international standards in the field of customs regulation, analyze their compliance with the law of the union in the field of customs regulation, bring information to the customs services of the member states of the union and adopt coordinated decisions on expressing a position on the documents being developed. This allows the executive body of the customs or economic union to ensure constant monitoring of the standards developed at the WCO platform and bring this information to the customs authorities, which, regardless of participation in the events, will be able to keep abreast of the acts being developed and the work being done in the WCO.

  1. The WCO legal instruments and tools, as well as the internal acts of the Organization, do not establish rules to whom an application should be sent to obtain observer status at the WCO. However, following the logic, when the list of

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observers is annually formed by the WCO Secretariat and brought to the attention of the chairmen of its working bodies, such an appeal should be written to the Secretary General of the World Customs Organization.

  1. To date, the Eurasian Economic Commission has observer status due to its participation in meetings of various WCO working bodies. In order not to «lose» this status, it is necessary to use the opportunity and continue to actively participate in the discussion of the WCO substantive agenda, fully exercising the rights and obligations established for the observer.

An equally important issue is the organization on the Commission platform  the work on interaction between the customs services and the Commission, as well as the development of a legal mechanism for cooperation in order to promote common interests in the World Customs Organization and implement the Strategic Directions for the Development of Integration in this direction.

 

Used sources

  1. Mozer Sergei. International legal status of observers in the World Customs Organization: an analytical review / S.V. Mozer. Moscow: Publishing House of the Russian Customs Academy, 2021. 80 p.
  2. Strategic directions for the development of Eurasian economic integration until 2025, Approved by the Decision of the Supreme Eurasian Economic Council dated December 11, 2020 № 12.URL: https://docs.eaeunion.org/docs/ru-ru/01428320/scd_12012021_12
  3. Minutes of the 99th/100th sessions of the Customs Co-operation Council (Brussels, 27 to 29 June 2002). Doc. SC0034E1. Brussels, 30 August 2002.
  4. Implementation of the recommendations made by the Ad Hoc Group on Committee Structures and Working Methods. Decision of the Council No. 308. 99th/100th Sessions – June 2002. Annex IV to Doc. SC0034E1.
  5. Report of the Policy Commission. 46th Session. Doc. SP0090E1. Brussels, 29 January 2002.
  6. Observer Status (Item X on the Agenda). SP0116E1. Brussels, 11 November 2002. Policy Commission. 48th Session. Istanbul.
  7. Guidelines concerning observes. Anneх I to Doc. SP0116E1. Observer Status (Item X on the Agenda). SP0116E1. Brussels, 11 November 2002. Policy Commission. 48th Session. Istanbul.
  8. Observer status. Minutes of the 101st/102nd sessions of the Customs Co-operation Council. (Brussels, 26 to 28 June 2003). Doc. SC0050E1. Brussels, 25 August 2003.
  9. Guidelines Concerning Observers. Annex to Doc. SP0129E1 – Observer Status. (Item X (a) on the Agenda). Policy Commission. 49th Session. Brussels, 23 May 2003.

OTHER PUBLICATIONS

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[1] Approved by the Decision of the Supreme Eurasian Economic Council dated December 11, 2020 № 12.

[2] For reference: according to the Memorandum, the EEC and the WCO expressed their intention to cooperate in such areas as: improvement of customs legislation based on international standards; development of effective and modern customs regulation standards; organization of practical interaction between the Parties on customs regulation issues; introduction of best practices in customs regulation, etc.

At the same time, within the framework of joint activities, the Memorandum provides for cooperation through the exchange of open information and documents of mutual interest; participation of representatives of one Party in events held by the other Party; holding joint meetings, consultations, scientific and practical seminars and conferences on issues of mutual interest, etc.

[3]For example, the Council, the Permanent Technical Committee, the Revised Kyoto Convention Management Committee, the SAFE Working Group, etc.

[4]Strategic directions for the development of Eurasian economic integration until 2025, Approved by the Decision of the Supreme Eurasian Economic Council dated December 11, 2020 №12. URL : https :// docs . eaeunion . org / docs / ru ru /01428320/ scd _12012021_12  

[5]Strategic directions for the development of Eurasian economic integration until 2025, Approved by the Decision of the Supreme Eurasian Economic Council dated December 11, 2020 № 12. URL: https://docs.eaeunion.org/docs/ru-ru/01428320/scd_12012021_12 .

[6] Ad Hoc Group on Committee Structures and Working Methods.

[7] See  Minutes of the 99th/100th sessions of the Customs Co-operation Council (Brussels, 27 to 29 June 2002). Doc. SC0034E1. Brussels, August 30, 2002.

[8] Implementation of the recommendations made by the Ad Hoc Group on Committee Structures and Working Methods. Decision of the Council No. 308. 99th/100th Sessions – June 2002. Annex IV to Doc. SC0034E1. – P.IV/3.

[9] Point 99. Report of the Policy Commission. 46th session. Doc. SP0090E1. Brussels, 29 January 2002. – P.18 .

[10] Observer Status (Item X on the Agenda). SP0116E1. Brussels, 11 November 2002. Policy Commission. 48th session. Istanbul.

[11]Guidelines concerning observations. Annex I to Doc. SP0116E1. Observer Status (Item X on the Agenda). SP0116E1. Brussels, 11 November 2002. Policy Commission. 48th session. Istanbul.

[12]Guidelines concerning observations. Anne x I to Doc. SP0116E1. Observer Status (Item X on the Agenda). SP0116E1. Brussels, 11 November 2002. Policy Commission. 48th session. Istanbul. – P.I /2.

[13]Guidelines concerning observations. Anne x I to Doc. SP0116E1. Observer Status (Item X on the Agenda). SP0116E1. Brussels, 11 November 2002. Policy Commission. 48th session. Istanbul. – P.I /4. 

[14]Fragment of the coursework – proposed changes at the 49th meeting of the Political Commission. See Guidelines Concerning Observers. Annex to Doc. SP0129E1 – Observer Status. (Item X (a) on the Agenda). Policy Commission. 49th session. Brussels , May 23 , 2003.

[15]See International legal status of observers in the World Customs Organization: an analytical review / S.V. Mozer. M.: Publishing house of the Russian Customs Academy, 2021. 80. p.

[16]In accordance with the WCO Observer Guidelines, in the interests of greater transparency, an information document on observers should be prepared by the Secretariat once a year for distribution to the annual sessions of the Council. This document, for each WCO committee or other body, should list all non-member countries, organizations and other entities that have been invited to attend meetings during the year. Those who accepted the invitation and sent an observer should be in bold type. Any countries, organizations or other entities that have never previously been invited to a WCO meeting should be marked with an asterisk. See Guidelines Concerning Observers. Annex to Doc. SP0129E1 – Observer Status. (Item X (a) on the Agenda). Policy Commission. 49th session. Brussels, May 23, 2003.

[17] Observer Status (Item X on the Agenda). SP0116E1. Brussels, 11 November 2002. Policy Commission. 48th _ session . istanbul . – P . – 6.

[18]Strategic directions for the development of Eurasian economic integration until 2025, Approved by the Decision of the Supreme Eurasian Economic Council dated December 11, 2020 No. 12. URL: https://docs.eaeunion.org/docs/ru-ru/01428320/scd_12012021_12    

[19] Regional entities (ie, Customs and Economic Unions, and similar regional bodies not representing the private sector).

[20] Observer Status (Item X on the Agenda). SP0116E1. Brussels, 11 November 2002. Policy Commission. 48th session. Istanbul. – P. 8.

[21] Points 116-118. ( i ) Observer status. Minutes of the 101st/102nd sessions of the Customs Co-operation Council. (Brussels, 26 to 28 June 2003). Doc. SC0050E1. Brussels, 25 August 2003. – P. I/27.  

[22] Guidelines Concerning Observers. Annex to Doc. SP0129E1 – Observer Status. (Item X (a) on the Agenda). Policy Commission. 49th session. Brussels, May 23, 2003.