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ORGANIZATIONAL AND LEGAL ASPECTS OF THE EUROPEAN COMMUNITIES MEMBERSHIP IN THE WORLD CUSTOMS ORGANIZATION AS A PRECEDENT FOR CUSTOMS AND ECONOMIC UNIONS

Sergei Mozer

РУССКИЙ

Sergei Mozer, Ph.D. (Law)

Senior Researcher in the Research Institute of the Russian Customs Academy

moser@teloneum.net

Telegram: https://t.me/teloneum

Published: Sociopolitical Sciences. – Vol. XII,  № 4. – 2022. – pages 152-161. 

© S.V. Mozer, 2022

(View original)

When using the article referance is required

 

Annotation

A task

To systematize the EC (EU) experience in terms of obtaining rights and obligations akin to those enjoyed by the WCO members, including highlighting the actions and stages in connection with the consideration of the EC application for membership in the World Customs Organization.

Conclusions

The research article is devoted to the issues of the EC (EU) legal status of in the WCO and the use of the EC precedent for the implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 (Strategic Directions) in terms of joint actions with Member States aimed at obtaining the Union’s membership status in the WCO.

The subject of the study is the activities and stages passed by the EC in the framework of interaction with the WCO to change the legal status from an observer to akin to the WCO membership. The research paper presents in abstract form the legal instruments and legal structures that have been developed at the expert level to satisfy the EC application. The identified activities, by analogy, can be used to develop an action plan (roadmap) for the Eurasian Economic Union (EEU) to obtain the WCO member status.

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 Consequences

Conducting a study of the legal status of customs and economic unions in the WCO is associated with the implementation of paragraph 11.7.5. of Strategic Directions in terms of cooperation with this international organization.

Practical value

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 the result of a comprehensive study of the issue of the legal and organizational basis for obtaining the WCO member status by economic and customs unions.  

Keywords: The World Customs Organization, the WCO, the Eurasian Economic Union, EEU, the Eurasian Economic Commission, EEC, European Communities, European Union, EU, EC, customs regulation, customs administration, international customs law, customs, observer, customs and economic union, action plan, roadmap.

The issues of developing effective interaction with the World Customs Organization (WCO) have been on the agenda of the Eurasian integration agenda since 2017, when the Memorandum of Understanding between the Eurasian Economic Commission and the World Customs Organization was signed on June 17, 2016, Brussels.[1] Over the past period, the Eurasian Economic Commission (Commission, EEC) has become an active subject of legal relations with the international customs community at the WCO site. This international customs organization permanently invites the Commission as an observer to various meetings of its working bodies. It should be noted that such interaction is bilateral, i.e. Commission – WCO. At the same time, there is no such cooperation at the level of the Eurasian Economic Union (Union) and the WCO.

According to the author, the situation has changed conceptually with the adoption of the Strategic Directions for the Development of Eurasian Economic Integration until 2025[2] (Strategic Directions), in which, among other measures, the development of cooperation with the WCO is secured through joint actions with the Member States aimed at obtaining the status of a member by the Union in the WCO; as well as the study of the possibility of joining the Union to the fundamental WCO documents.[3]

 

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The implementation of these intentions will significantly strengthen the positions of the Union and the Member States in the WCO and jointly defend the interests of the Union and the Member States in this most important international organization.[4]

The need to study the legal status of customs and economic unions in the WCO is also confirmed by a number of other circumstances, namely:

– there are no scientific and practical recommendations for customs and economic unions on building relations with the WCO;[5]

– there is no action plan (roadmap) for interaction between the EEC and the WCO;

– there is no analysis of the legal, institutional and financial implications of the Union’s accession to the WCO;

– there is no analysis of the risks associated with the membership of the Union in the WCO, including the distribution of competence of the Union and its member states;

The above circumstances determine the relevance of this study in the context of the implementation of the Strategic Directions.

 For the purposes of implementing the Strategic Directions in terms of cooperation with the WCO, by order of the Board of the Eurasian Economic Commission № 55 dated March 29, 2022, a Working Group on Cooperation with the World Customs Organization[6] (Working Group) was established. On June 7th , 2022 its first meeting was held, during which it became obvious to the authorized experts of the customs authorities of the Member States of the Union that it was necessary to study the precedent of the European Union (EU)[7] in terms of obtaining rights and obligations akin to those enjoyed by the WCO members.

We recall that in 2022, the author conducted a comprehensive study of the legal and organizational foundations for obtaining WCO member status by economic and customs unions.[8]  

The purpose of this article is to reveal the experience of the EU in terms of obtaining the so-called membership of an economic union in the WCO, including the stages passed and steps taken in this regard.

In the event that a customs or economic union, represented by authorized management bodies, sets the task, for example, to carry out joint actions with the member states of the union aimed at obtaining the union’s membership status in the WCO, it is required to study the EU precedent, as well as a clear understanding of what the EU had to go through to strike the political «deal» formalized in the Council Decision № 318 in June 2007.

The following is a complete list of steps taken by stakeholders to meet the EU’s two applications for WCO membership.

The list of successive EU actions presented below, in our opinion, is of practical importance for the formation of an action plan (road map) for obtaining the Union’s membership in the WCO based on the experience of the European Communities. Actually, such an action plan has already been presented to the attention of the scientific and expert community in one of the author’s research articles.[9] We have identified the following 4 stages that the EU went through to obtain the desired international legal status in the WCO:

Stage I

  1. Conducting negotiations between the European Commission and the WCO Secretariat on membership in the Organization.
  2. Adoption of the decision of the Council of Ministers of the EС to apply for membership in the WCO (adopted unanimously).
  3. The Council of Ministers of the EU instructs the European Commission (the EC) to submit an EU request to the WCO and, if necessary, to negotiate with a view to obtaining membership in the WCO (March 2001).
  4. The EU Council of Ministers authorizes the European Commission to negotiate an amendment to the Convention Establishing the Customs Cooperation Council (Decision of 19 March 2001) (CCC Convention).
  5. Applying for the WCO membership. Letter dated 19 April 2001 from the European Commission to the WCO Secretariat indicating that the Council of the European Community has authorized the EC to negotiate an amendment to the ICC Convention to allow the EU to become the WCO member.

In its letter, the Commission on the merits:

– Proposes a draft amendment to the CCC Convention that would allow the EU to become a Contracting Party to the Convention;

– suggests possible means of facilitating the entry into force of such an amendment;

– establishes a number of practical measures that may be taken prior to the adoption of such an amendment to improve the participation of the EU in the WCO work; and

– asks to create a negotiating structure in the WCO to resolve this issue.

  1. WCO Secretariat circulates EC letter to all Members for information (May 2001).
  2. Conducting consultations of the WCO Secretariat with

– depositary of the Convention (Ministry of Foreign Affairs of Belgium);

– a specialist in international contract law (Legal Adviser of the WCO Secretariat);

– Commission of the European Community;

– Familiarization with various published sources of information on EU membership in some other intergovernmental organizations.

The goal is to obtain an initial position on the legal aspects of EU membership in the WCO and prepare background material to form the basis for discussions in the Policy Commission (PC) and the Council (May 2001).

  1. Preparation by the WCO Secretariat of an information note (reference material) dated 31.05.2001 «Request for Membership of the European Community») for the 45th meeting of the PC (25-27 June 2001) in order to create a basis for discussions. The material contains the following elements:

 

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– the current status of the EU in relation to the WCO (2001);

-legal and practical provisions adopted in the organizations of which the European Community is a member (FAO and WTO);

– legal issues related to the EU request;

– practical arrangements for processing a request from the EU.

  1. Formation of position by the WCO Secretariat (31.05.2001). The Policy Commission was invited to conduct a preliminary discussion of the issues raised in the reference material (dated 31.05.2001) and make recommendations to the Council regarding:a) the principle of starting negotiations with a view to

(i) EU membership in the WCO; and

(ii) in the short term, the introduction of measures aimed at facilitating the participation of the EU in the work of the WCO; and

(b) if this principle is to be accepted, the procedures to be put in place for the success of these negotiations.

  1. Carrying out political discussions initiated by governments and the EU, seeking a political solution (since the dissemination of the information note of the WCO Secretariat dated May 31, 2002).
  2. Planning for a preliminary discussion of the EC request at the PC and Council meetings in June 2001.
  3. Preliminary discussion of the EC request at the 45th meeting of the WCO PC (25-27 June 2001) with the participation of the EC Director General responsible for taxation and the customs union.

The following actual elements are considered:

– the current status of the EU in relation to the WCO (2001);

– legal and practical provisions adopted in the organizations of which the EU is already a member (Food and Agriculture Organization of the United Nations; World Trade Organization (WTO);

– legal issues related to the EU request.

  1. Participation of the EC Director General responsible for taxation and the customs union in the 45th meeting of the WCO PC (25-27 June 2001) in discussions on the Secretariat’s approach to EU membership in the WCO, as well as the submission of a Community request for membership.
  2. Discussion of the EC application at the 97-98 meeting of the WCO Council (28-30 June 2021). Event results:

The Chairman of the Council stated that there is no agreement in the Council and the PC on the principle of starting negotiations on EU membership in the WCO.

The Council agreed with the PC that it would be premature at this stage to set up a working group to start a negotiation process or take provisional measures.

Many questions have been raised that require further study, incl. related not only to customs matters, but also to the constitutional, legal or practical aspects of the EU request.

Various national authorities will need to be consulted.

The most logical solution would be to postpone the response to the EU request (for a year – author’s note) until the end of Council meetings in June 2002 and leave this document open in order to give WCO members more time for consultation and reflection, and also to facilitate the collection of additional information .

The Chair asked the Secretary-General, through the Vice-Chairs, to draw up a list of specific questions from Members that they considered merited further study.

  1. Participation of the EU representative in the 97-98 meeting of the WCO Council (28-30 June 2021) when discussing this issue and presenting the Community request for membership, as well as explaining the motives (reasons) underlying the EU request for membership.

Additional information for stage I

Creation of an effective negotiation structure

Proposals from the WCO Secretariat regarding practical arrangements for processing a request from the EU. Set out in the information note of 31.05.2001 «Request for membership of the European Community» to the 45th meeting of the PC (25-27 June 2001):

Acceptance of the principle of EU membership as worthy of study, the consequence is the initiation of a process of further consideration of issues leading to negotiations on an acceptable outcome.

Adoption of the principle of starting negotiations with a view to EU membership in the WCO at Council meetings.

Development and harmonization of the methodology of negotiations with the aim of EU membership in the WCO. Negotiations should be bilateral, that is, between, on the one hand, representatives of the EU, and on the other, representatives of the WCO.

Formation of two negotiating groups:

Establishment of a Community negotiating group composed exclusively of EC officials. EU member states do not participate in the negotiations.

Establishment of a WCO negotiating group: This should be a small but representative group of members, possibly consisting of the Chair and Vice Chairs of the Council, and a few other members appointed as Vice Chairs to ensure the best regional balance possible. The Chairman of the Council was supposed to head this negotiating group.

Stage II

  1. Formation by the Secretariat of the list of questions on the issues of EU membership in the WCO (after the 97/98 Council meeting, June 28-30, 2001).
  2. Preparation by the Secretariat of a list of questions on the issues of EU membership in the WCO to the Policy Commission.
  3. A written request from the WCO Secretariat to the Vice-Chairs to see if Members in their respective regions wish to propose any aspects of the EU membership request that should be further explored (following the 97/98th Council meeting on 28 – June 30, 2001).
  4. Received by the Secretariat from the Vice-Chair, Delegate of the United Kingdom representing the European Region, with a list of possible topics for study identified by Members in the European Region (22 October 2001).
  5. Providing survey participants with a list of possible topics for study, which were previously identified by member countries of the European Region.

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  1. Conducting consultations at the regional level by Vice-Chairs with WCO members. The goal is to get an opinion on the consequences for the WCO of the emergence of free trade areas and agreements, customs unions and other similar phenomena.
  2. Formation by November 2001 by the WCO Secretariat of the questionnaire.

The aim is to assist member countries in deciding whether to start negotiations given the EU’s membership in the WCO. Areas of study (6 questions):

– current status/aspirations of regional groupings around the world (executor – Vice Chairs, Secretariat);

– EU relations with other intergovernmental organizations (executor – EC, Secretariat);

– relations of other regional groupings with intergovernmental organizations (executor – Vice-Chairmen, Secretariat);

– the benefits of EU membership in the WCO (executor – EU, Secretariat, interested members);

– the competence of the EU and the EU member states in the case of EU membership in the WCO (executor – the EU);

– the likely impact of EU membership on the day-to-day activities of WCO technical committees (executed by the Secretariat).

Note: Questions were identified (agreed) by the WCO Policy Commission at its 46th session in December 2001 and were requested by the PC, Secretary General and WCO Members for a fact-based decision.

  1. The WCO Secretariat considered it premature to consider the questions that had been formed, although there was no doubt that they were of great importance in the negotiations on EU membership in the WCO (voiced on November 6, 2001).
  2. By the 46th meeting of the PC, December 10-12, 2001 (November 6, 2001), the WCO Secretariat formed the following positions:

in order to examine the issue of EU competence, it is necessary to send to the EC copies of the agendas of all meetings of the WCO working bodies in the last 12 months with a request to distinguish – for example, by color coding – between agenda items for which the EU will be responsible and those that will remain in the area of responsibility of individual members (note – in fact the proposal was not implemented);

it is proposed that the WCO Secretariat assess the possible impact of EU membership on the day-to-day work of WCO technical committees by comparing the degree of participation of EU Member States and the EC in (i) a committee of which the EU is a member (e.g. the HS Committee), and (ii) a committee, in in which the EU participates as an observer (for example, the Law Enforcement Committee) (note – proposal not implemented).

  1. Consideration of the issue of EU membership in the WCO at the 46th session of the PC (10 – 12 December 2001). Decisions taken:

– The WCO Secretariat has identified possible areas of study and fulfilled its mandate;

– issues in the working paper that are of direct relevance to the EU and its application for WCO accession will be referred to the EU for further comments, inputs and research;

– at the regional level, the Vice-Chairs will consult with WCO members to seek their views on the implications for the WCO of free trade areas and agreements, customs unions and other such phenomena;

– The PC will revisit this issue in June 2002 based on inputs (positions) to be received from the EU and the Vice Chairs.

  1. In December 2001, the Policy Commission instructs the WCO Secretary General to receive answers to the questions asked in accordance with the questionnaire developed by the Secretariat.
  2. The Secretariat in December 2001 invited the EC to provide preliminary information:

– about the relations that customs and economic groupings in the European Region maintain with various intergovernmental organizations;

– about the benefits of EU membership for the WCO;

– on the competence, practical consequences that may arise as a result of the EU’s admission as a member of the WCO.

The Secretariat’s formal letter of response was sent to the EU on 7 February 2002.

  1. Submission by the European Community on April 24, 2002 to the WCO Secretariat of materials (positions) on those research issues that are directly related to it:

– distribution of competence between the EU and its member states;

– EU relations with other international organizations;

– why EU membership would be beneficial for the WCO.

  1. Provision by Vice-Presidents of the views of the WCO members by region on the implications for the WCO of the emergence of free trade areas and agreements, customs unions, etc.

– 04/26/2002 – Deputy Chairman of the Asia-Pacific region.

– 05/06/2002 – Deputy Chairman from the region of North Africa, the Near and Middle East.

– May 17, 2002 – Deputy Chairman of the European Region of the WCO.

  1. By the 47th PC meeting, June 24-26, 2002 (May 31, 2002), the WCO Secretariat formed the following positions:

It was obvious and inappropriate for the WCO Secretariat to take a stand on what is essentially a matter of national policy. In these circumstances, the Secretariat limited itself to indicating that the options open to the PC could include the following:

– to recommend to the Council to start negotiations with a view to EU membership, with the Secretariat tasked to prepare draft terms of reference;

– to recommend to the Council to defer consideration of this issue until WCO priorities allow it to allocate the necessary time and resources;

 

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– to recommend to the Council to reject the EU’s request for negotiations;

– to recommend to the Council not to take a decision on the EU request for the time being, pending further consideration at the national level and/or provision of additional information (to be determined by the Policy Commission).

  1. 47th meeting of the WCO Policy Commission (24 – 26 June 2002). The main results of the meeting:

The WCO Secretariat no longer sees a need for the PC to undertake any further studies at this stage. The Head of the WCO Secretariat undertook to keep the PC and the WCO Council informed of any developments that could be reported to him in the course of political discussions.

The Policy Commission took note of the Secretary General’s remarks and agreed with him that this issue (about EU membership in the WCO – author’s note) should be left open. The Secretary General is requested to monitor the situation and inform the PC and the Council when events occur that need to be brought to their attention.

  1. 99/100 Meeting of the WCO Council (27-29 June 2002). The main results of the meeting:

The issue of EU membership in the WCO was considered. The Council took note of the following information: The Chairman of the Council explained that the Secretary General had informed the PC that the issue of EU membership in the WCO was currently the subject of political discussions initiated by governments and the EU, and suggested that it be left open until found a political solution. The PC requested the Secretary General to monitor the situation and keep the PC and Council informed of developments that need to be brought to their attention.

Stage III

  1. Organization of contacts, holding meetings at the political level, including negotiations between the EC and the WCO Secretariat on the submission of a new application for EU membership in the WCO (in 2006).
  2. Repeated request by the European Commission to the Secretary General of the WCO for EU accession to the WCO (June 2006).
  3. 55th session of the WCO Policy Commission (26 – 28 June 2006). The main results of the meeting:

The Secretary General stated that in June 2006 he received a second request from the EU for WCO membership and suggested that this issue be added to agenda item XV of the 55th PC meeting (other matters). Thus, the issue of EU membership in the WCO was re-submitted to the PC for consideration ex post facto without providing an opportunity for member countries to discuss it with the competent national authorities in advance. Accordingly, the substantive discussion during the 55th meeting of the WCO SP was not as long and deep as in 2001 and 2002.

  1. Presentation by the Secretary General of the EU request for EU accession to the WCO at the 55th meeting of the PC (26 – 28 June 2006). The Secretary General stated that any legal, institutional or financial implications of EU accession to the WCO will be presented to the December 2006 PC meeting in a report prepared by the Secretariat.
  2. Submission of the EU request by the EC Director General for Taxation and Customs Union (TAXUD) at the 55th meeting of the PC (26 – 28 June 2006). The representative of the EU proposed an amendment to Article XVIII of the CCC Convention.
  3. The Policy Commission during its 55th meeting (26-28 June 2006) «requested»* the WCO Secretariat to prepare a paper outlining the possible institutional, legal and financial implications of EU membership in the WCO for discussion at the Commission meeting in December 2006 (from the speech of the WCO Secretary General at the 107th/108th meeting of the WCO Council, June 29 – July 1, 2006).

*Author’s note: in the materials of the 55th meeting of the WCO SC (see paragraphs 234 – 244 of the report dated 06/28/2006) there is no such instruction («request»). The above is an initiative of the WCO Secretariat, but not an instruction of the Policy Commission.

  1. 107/108th Meeting of the WCO Council (29 June to 1 July 2006). The event began the day after the completion of the 55th SC meeting. The analyzed EU issues were not on the agenda of the Council meeting. The only source of information about the EU re-application of June 2006 was the report of the 55th meeting of the PC dated 28 June 2006 under the heading «political issues».

In fact, WCO members were not ready to discuss the issue of EU membership in the WCO within the framework of the 107/108th meeting of the WCO Council.

The Secretary General informed the Council of the EU’s request for WCO membership made at the 55th PC meeting (26-28 June 2006).

The Chairman of the Council suggested that it might be premature to discuss the details of the EU request at this stage.

As a result of the 107/108th meeting, the WCO Council took note of the EU’s request for WCO membership and requested the Secretariat to prepare a paper on the institutional, financial and legal implications, taking into account the questions raised regarding other regional groupings. It was noted that this issue will be discussed on the basis of the Secretariat document not only by the Policy Commission, but also at the upcoming regional meetings in order to pave the way for a comprehensive discussion at the 2007 sessions of the Council.

  1. Participation of the Director General for Taxation and Customs Union (TAXUD) of the EC in the 107/108th meeting of the WCO Council (29 June to 1 July 2006). Theses were voiced on the reasons for the repeated sending of the EU request to the WCO.
  2. Council’s instruction to the WCO Secretariat to prepare a paper on the institutional, financial and legal implications (of EU membership in the WCO – author’s note), taking into account the issues raised in relation to other regional groupings (June 29 to July 1, 2006).

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  1. Preparation by the WCO Secretariat of an information document (for the 56th PC meeting) on the institutional, financial and legal implications of EU accession to the WCO entitled «Request for Membership of the European Communities», dated 2 November 2006, Document structure:

         – the current status of the EU in relation to the WCO;

– legal issues of the consequences of amendments to the CCC Convention;

– institutional issues: the right to vote and the division of competencies between the EU and its member states;

– financial matters: about the constant annual contributions of the EU to the WCO budget and the methodology for their calculation.

The operative part of the information paper (at the 56th meeting) invited the Policy Commission to consider the EU’s renewed request for WCO membership in order to pave the way for a comprehensive discussion of this issue at the 2007 meetings of the Council.

  1. Preparation by the WCO Secretariat of a study (for the 56th SC meeting) on the status of customs and economic unions and similar regional groupings around the world «Comparative analysis of the powers of various customs unions and the European Communities» dated November 2, 2006.
  2. Formation by the WCO Secretariat of the position dated November 2, 2006, including on the procedures for amending the CCC Convention and granting EU membership in the WCO:

– preparation and approval of the wording of the necessary amendments to the legal texts of the CCC Convention;

– the adoption of a formal decision of the Council setting out these amendments, which must be approved by a two-thirds majority of the members present at the meeting of the Council and having the right to vote;

– amendments to the CCC Convention should then be recommended by the Council to the contracting parties to the CCC Convention;

– contracting parties that accept the amendments must notify the Belgian Foreign Ministry of their acceptance in writing;

– the amendments enter into force three months after the Belgian Ministry of Foreign Affairs receives a written notification of the acceptance of such amendments to the CCC Convention from all contracting parties to the convention;

– while the amendment procedure is pending, the Council may wish to adopt a decision that can be implemented with immediate effect, giving the EU the same rights and obligations [the same rights and obligations] (as amended) enjoyed by WCO members;

– such a decision of the Council must be approved by a two-thirds majority of the members present at the meetings of the Council and having the right to vote.

  1. 56th session of the WCO PC (December 5-7, 2006). The main results of the meeting:

– reviewed the working paper of the WCO Secretariat on the institutional, financial and legal implications of the EU’s accession to the WCO under the title «Request for Membership of the European Communities» dated November 2, 2006.

– The Secretary General (1) proposed to put the WCO relations with the EU on a more formal basis, (2) committed to prepare a new working paper by the Secretariat to respond to the various issues raised by the PC.

– Based on the results of the meeting, the Chairman of the PC stated that, in general, the EU accession is supported, but some political and legal issues have to be resolved.

  1. Statement by the EC Director General for Taxation and Customs Union at the 57th meeting of the PC (5-7 December 2006). The EU representative appreciated the working paper of the WCO Secretariat on the institutional, financial and legal implications of the EU’s accession to the WCO, entitled «Request for membership of the European Communities» dated 2 November 2006, and also stated the reasons for the EU’s application to seek membership in the WCO in 2001.
  2. Preparation by the WCO Secretariat of a package of proposals for granting the EU the status of a WCO member for consideration at the 57th meeting of the Policy Commission (01.06.2007):

– a draft amendment to Article XVIII of the Convention establishing a Customs Cooperation Council allowing customs and economic unions to become Contracting Parties to the Convention and hence members of the WCO;

– a draft recommendation of the Council required solely for the purposes of formalizing the adoption of the aforementioned amendment and bringing it to the attention of WCO member governments for adoption;

– a draft decision of the Council, according to which, as a transitional measure pending the entry into force of the amendment to Article XVIII of the Convention, the European Communities will be endowed with rights and obligations akin to those of WCO Members.

Along with this, in the WCO Secretariat prepared material dated 01.06.2007, the thesis was put forward that the Council should be proposed to adopt a decision allowing the EU to have rights and obligations akin to those of WCO membership prior to ratification of the amendment to the CCC Convention.

In the operative part of the WCO Secretariat document dated 06/01/2007, the PC was asked to decide whether it is ready to recommend to the Council to take steps to allow customs and economic unions to become members of the Organization and take temporary measures in favor of the EU.

If so, the PC is invited to study and, if necessary, recommend to the Council for adoption the listed 3 draft documents.

  1. Proposals of the European Commission of 14.05.2007 have been prepared for a Council Decision on the accession of the European Communities to the World Customs Organization and the exercise of rights and obligations akin to membership ad interim (COM(2007) 252 final . 2007/0087 (ACC). Brussels, 14.5 .2007):

 

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– explanatory memorandum;

– proposals for a decision of the Council on the accession of the European Communities to the World Customs Organization and the exercise of rights and obligations akin to membership ad interim;

– declaration of competence of the European Communities in matters covered by the Convention establishing the Customs Cooperation Council.

– legislative financial report (statement).

  1. Materials of the Council of the European Union dated 05/16/2007 on the proposals sent on 05/14/2007 by the Commission for the decision of the Council on the accession of the European Communities to the World Customs Organization and the fulfillment of rights and obligations akin to membership ad interim have been prepared:

– explanatory memorandum;

– proposals for a decision of the Council on the accession of the European Communities to the World Customs Organization and the exercise of rights and obligations akin to membership ad interim;

– declaration of competence of the European Communities in matters covered by the Convention establishing the Customs Cooperation Council.

– legislative financial report (statement).

  1. Prepared materials of the Council of the European Union dated 20.05.2007 – Legislative acts and other instruments. Subject: Decision of the Council on the exercise of rights and obligations akin to membership ad interim of the European Communities in the World Customs Organization:

– decision of the Council to exercise rights and obligations akin to membership ad interim by the European Communities in the World Customs Organization;

– declaration of competence of the European Communities in matters covered by the Convention establishing the Customs Cooperation Council.

  1. Adoption of the decision of the Council of the EU of 25 June 2007 (2007/668/EC) on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization, as well as the declaration of competence of the European Communities in matters covered by the Convention establishing the Customs Council cooperation (annex to the decision of 25.06.2007).
  2. 57th session of the WCO PC (June 25-27, 2007). The main results of the meeting:

The Secretary General stated the following:

– The WCO Secretariat proposes an interim solution that will allow the EU to enjoy rights akin to membership until the amendment enters into force;

– a draft decision of the Council on the status of the EU in relation to the WCO (01.06.2007) was drawn up in consultation with the EC;

– the draft Council decision setting out an interim solution pending the entry into force of this amendment concerns exclusively the EU.

The PC unanimously agreed to the amendments proposed by the group. It recommended to the Council:

(a) adopt a draft recommendation (draft WCO recommendation to amend the CCC Convention) for customs and economic unions to become members of the WCO, and

(b) adopt a draft decision on the granting to the European Communities of rights akin to membership, pending acceptance of the above recommendation by all contracting Parties.

Stage IV

  1. 109/110 WCO Council Meeting (28-30 June), WCO Headquarters, Brussels. The main results of the meeting:

The Secretary General noted that the WCO Council is being asked to approve a two-stage process comprising the Council’s recommendation for an amendment to the CCC Convention and a draft decision to be applied until the amendments enter into force. He expressed the hope that six years after the EU first asked for negotiations to join the WCO, the Organization could welcome into its membership the largest economic grouping in the world.

The adoption of temporary measures that gave the EU rights and obligations akin those enjoyed by the WCO membership. The WCO Council adopted by acclamation:

– a draft Recommendation of the Customs Co-operation Council concerning the amendment of the Convention Establishing a Customs Co-operation Council (note – for customs and economic unions to become members of the WCO);

– a draft decision of the Council to give the EU rights and obligations akin to those enjoyed by the WCO members, pending the entry into force of the amendment to Article XVIII of the Convention.

Note: According to the decision of the Council, the European Communities were not granted membership or the status of a member of the WCO, but rights and obligations akin to those enjoyed by the WCO Members.

  1. Participation of the EC Director General responsible for Taxation and Customs Union (TAXUD) in the 109/110 meeting of the WCO Council (28-30 June) in discussions on the agenda of the meeting regarding the satisfaction of the Community request for WCO membership.
  2. 119/120 WCO Council Meetings, 28-30 June 2012. The WCO Secretariat review on the EU Statue at WCO.
  3. Development of guidelines «WCO Membership: Ensuring Community Coordination». The document was prepared by the General Secretariat of the Council of the European Union and submitted to the Working Party on the Customs Union (customs law and policy) on 22 April 2008 on the subject of «EU membership in the World Customs Organization – Ensuring Community Coordination».

        

The above list of activities that were implemented by the EU to obtain rights and obligation akin to those enjoyed by the WCO members in the period from 2001-2008 is formalized in 56 steps and conditionally divided by us into 4 stages.

-159–

The study of this list allows us to formulate a comprehensive view on the issues of membership of the customs and economic union in the WCO and, most importantly, to convey to the experts of the working group on interaction with the WCO[10] that the implementation of clause 11.7.5. of Strategic Direction in terms of «carrying out joint actions with member states aimed at obtaining by the Union a status of the WCO member» [11] requires an integrated approach and is not an easy task.

According to the author, the formulated list is of interest for expert work at the site of the customs cooperation bloc of the Commission associated with the forthcoming development of an action plan for the Union in terms of carrying out joint actions with member states aimed at obtaining the status of the WCO  member.

At the same time, organizational and legal approaches can be used as a basis for discussions (organization of the work of the Commission and the Member States of the Union; legal and organizational approaches for the Union to obtain the status of a WCO member; activities; legal acts of the Union necessary for the implementation of paragraph 11.7.5. of the Strategic Directions) formulated by the author for these purposes in a separate research material.[12]

 

See also Sergei Mozer. On the issue of the organization of effective legal relations with the World Customs Organization: recommendations for customs and economic unions // Problems of Economics and legal practice. – № 4. – 2022. (Article) URL: http://customs-academy.net/?p=14597

 

BIBLIOGRAPHIC LIST

  1. Mozer S.V. International and legal status of observers in the World Customs Organization: an analytical review / S.V. Moser. Moscow: RIO Russian Customs Academy, 2021. URL: http://customs-academy.net/?p=14338
  2. Mozer S.V. On the issue of organizing effective legal relations with the World Customs Organization: recommendations for customs and economic unions // Problems of Economics and Legal Practice. – № 4. – 2022.
  3. Goshin V.A., Mozer S.V. Prospects for getting the World Customs Organization membership status by the Eurasian Economic Union // Features of state regulation of foreign trade activities in modern conditions: materials of the II scientific and practical conference (Rostov-on-Don, November 19-20, 2015). In 2 parts. Part 1 – Rostov-on-Don: Russian Customs Academy, Rostov branch, 2015. – p.20-29. Electronic resource «Russian Custom Academy: SCIENCE»: http://www.customs-academy.net/?p=8539
  4. Goshin V.A., Mozer S.V. The possibility of obtaining the status of a member of the World Customs Organization by economic and customs unions: the experience of the European Union // Bulletin of the Russian Customs Academy № 4, 2015. p. 52-60. URL: https://www.elibrary.ru/item.asp?id=24913948
  5. Kadyrkulov M.A., Mozer S.V., Lipatova N.G. World Customs Organization as a Modern Institute for Improving Customs Administration and Trade Facilitation Procedures: monograph. Lyubertsy: RIO Russian Customs Academy, 2017.
  6. 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 «On Strategic Directions for the Development of Eurasian Economic Integration until 2025». URL: https://docs.eaeunion.org/docs/en-us/01428320/scd_12012021_12
  7. Order of the EEC Board dated March 29, 2022 № 55 «On the working group on interaction with the World Customs Organization». IS Alta-Soft. URL: https://www.alta.ru/tamdoc/22r00055/
  8. Memorandum of Understanding between the Eurasian Economic Commission and the World Customs Organization of June 17, 2016 // Kadyrkulov M.A., Mozer S.V., Lipatova N.G. World Customs Organization as a Modern Institute for Improving Customs Administration and Trade Facilitation Procedures: monograph. Lyubertsy: RIO Russian Customs Academy, 2017., – P. 165. URL: http://customs-academy.net/?p=10587

 -161–

[1]Memorandum of Understanding between the Eurasian Economic Commission and the World Customs Organization of June 17, 2016 // Kadyrkulov M.A., Mozer S.V., Lipatova N.G. The World Customs Organization as a Modern Institute for Improving Customs Administration and Facilitating Trade Procedures: monograph. Lyubertsy: RIO of the Russian Customs Academy, 2017. – P. 165. URL: http://customs-academy.net/?p=10587    

[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 No. 12. “On Strategic directions for the development of Eurasian economic integration until 2025”. URL: https://docs.eaeunion.org/docs/en-us/01428320/scd_12012021_12   

[3]Clause 11.7.5. 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 No. 12. “On Strategic Directions for the Development of Eurasian Economic Integration until 2025”. URL : https://docs.eaeunion.org/docs/ru-ru/01428320/scd_12012021_12

[4]Moser S.V. International legal status of observers in the World Customs Organization: an analytical review / S.V. Moser. M.: RIO of the Russian Customs Academy, 2021. – P. 5.

[5]Moser S.V. On the issue of organizing effective legal relations with the World Customs Organization: recommendations for customs and economic unions // Problems of Economics and Legal Practice. – No. 4. – 2022.

[6]Order of the EEC Board dated March 29, 2022 No. 55 “On the working group for interaction with the World Customs Organization”. IS Alta -Soft. URL: https://www.alta.ru/tamdoc/22r00055/  

[7]Note: On December 1, 2009, following the entry into force of the Treaty of Lisbon, the successor to the European Community became the European Union (therefore, the concept of the European Community has not been used since).

[8]See Mozer Sergei. On the issue of organizing effective and legal relations with the World Customs Organization: recommendations for customs and economic unions // Problems of Economics and Legal Practice. – № 4. – 2022. URL: http://customs-academy.net/?p=14597

[9]Ibid.

[10]Order of the EEC Board dated March 29, 2022 №  55 “On the working group for interaction with the World Customs Organization”. IS Alta -Soft. URL: https://www.alta.ru/tamdoc/22r00055/

[11]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. “On Strategic directions for the development of Eurasian economic integration until 2025”. URL: https://docs.eaeunion.org/docs/en-us/01428320/scd_12012021_12    

[12]Mozer S.V. On the issue of organizing effective and legal relations with the World Customs Organization: recommendations for customs and economic unions // Problems of Economics and Legal Practice. – №  4. – 2022. URL: http://customs-academy.net/?p=14597