ANALYSIS OF THE LEGAL INSTRUMENTS OF THE EUROPEAN UNION REGULATING ITS LEGAL STATUS IN THE WORLD CUSTOMS ORGANIZATION

Sergei Mozer

РУССКИЙ

Sergei MozerPh.D. (Law)

Senior Researcher in the Research Institute of the Russian Customs Academy

moser@teloneum.net

Published: Problems of Economics and Legal Practice. – Vol. 18,  № 5. – 2022. – pages 167-179. 

© S.V. Mozer, 2022

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Annotation

A task

To systematize and analyze the EU legal instruments and tools developed by authorized European institutions in connection with the consideration of an application for membership in the World Customs Organization.

Conclusions

The research article is devoted to the issue of the EU legal status in the WCO and the use of the EU 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 EU approaches to the legal status in the WCO; explanatory memorandum of the European Commission on WCO membership; 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; Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council.

The analysis of the EU legal instruments in relation to the WCO membership can be used to develop legal tools for the Eurasian Economic Union (EEU) to obtain the status of the WCO member in the course of implementing the Strategic Directions.

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 bloc 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 EU, 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, customs and economic union, legal instruments and tools.

 

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Introduction. This article is a continuation of the study of the implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025[1] (Strategic Directions), in terms of developing cooperation with the World Customs Organization (WCO, Organization) through joint actions with Member States aimed at obtaining the Union’s membership status in the WCO.[2]

A series of meetings of the Working Group on Interaction with the World Customs Organization (Working Group)[3] held in 2022 at the expert level in the Eurasian Economic Commission revealed the need for the preparation of analytical materials that characterize the precedent of the European Union (EU) in relation to membership in the World Customs Organization. Of particular interest is the analysis of EU legal instruments in this aspect. However, to date, there is no such a comprehensive analysis at the scientific and expert level. This argument determines the relevance of this study, as well as its practical significance for expert work in the Working Group.

 

  1. LEGAL APPROACHES OF THE EU TO THE LEGAL STATUS IN THE WCO. Exploring the legal status of the EU in the WCO, we also turned to the legal acts of the European Union. If we are talking about the EU precedent in the WCO, which can be used by other customs and economic unions in order to obtain a status bigger than the status of an «observer» and «akin to» the status of the WCO member, then EU legal approaches and adopted acts are of interest for these purposes at the expert level.

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Among the considered acts there are 4 documents, of which the final one is the decision of the EU Council of June 25, 2007 on the implementation of rights and obligations akin to membership ad interim by the European Communities in the World Customs Organization:[4]

1) proposal of the European Commission (EC) dated 14.05.2007 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:[5]

– Explanatory Memorandum;

– Proposal 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;[6]

– Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council;

– Legislative financial statement.

2) materials of the Council of the European Union dated 16.05.2007 on the Proposal 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:[7]

– Explanatory Memorandum;

– Proposal 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;

– Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council;

– Legislative financial statement.

3) materials of the Council of the European Union of 20.06.2007 on the decision of the Council Decision on the Exercise of Rights and Obligations akin to Membership ad Interim by the European Community in the World Customs Organization.[8]

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

– Declaration of competence by the European Community in matters covered by the Convention establishing a Customs Cooperation Council.[9]

4) decision of the Council of June 25, 2007 (2007/668/EC) on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization,[10] as well as an annex to the decision – a Declaration of competence by the European Community in matters covered by the Convention establishing a Customs Cooperation Council[11] (Appendix № 10).

5) «Guidelines. WCO Membership: Ensuring Community Coordination», prepared by the General Secretariat of the Council of the European Union for the Working Party on Customs Union (Customs Legislation and Policy).[12]    

Let’s look at the chronology of events. The WCO Council at its 109/110 session, which took place on June 28-30, 2007,[13] adopted Decision № 318, which granted the EU, as an interim measure, rights akin to those enjoyed by the WCO members. On the eve of this event, on June 25-27, the 57th session of the WCO Policy Commission (PC) was held, which sent the same decision in the form of a draft for consideration and approval by the Council.

1.5 months before the consideration of the issue of EU «membership» in the WCO, the European Commission on May 14, 2007 sent proposals to the EU Council for the adoption of a Council decision on the exercise of rights and

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obligations akin to membership to ad interim by the European Community in the World Customs Organization.[14] This package includes an explanatory memorandum, a draft decision of the EU Council (proposals), a declaration of competence of the European Communities, as well as a legislative financial statement.

Two days later, on May 16, 2022, the materials of the Council of the EU were prepared,[15] the content of which mirrors the sent package of documents of the European Commission dated May 14, 2022. Almost a month later, on June 20, 2007, the expert community got acquainted with the draft decision of the Council and the declaration of competence of the European Communities,[16] which were adopted a week later on June 25, 2022.[17]

For reference, we note that in the materials of the EU Council of 20.06.2007 and the decision of 25.06.2007 there is no explanatory memorandum and a legislative financial statement.

It is obvious that the named acts, as well as the steps taken by the EU, were successfully developed and implemented, taking into account the preliminary consultations and agreements reached by the European Commission, the WCO Secretariat and interested parties.

        

  1. EUROPEAN COMMISSION EXPLANATORY MEMORANDUM ON THE WCO MEMBERSHIP. Let’s consider the explanatory memorandum contained in the proposals of the European Commission dated 14.05.2007 for the decision of the Council on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization. We add that the memorandum briefly describes the history of the issue and the steps taken by the EU towards «membership» in the Organization. For the purposes of comparative analysis regarding the submission of information by the WCO Secretariat and the European Commission, we present it in full.

The memorandum notes that the decision of the EU Council that the European Community[18] should seek for membership in the WCO was adopted on March 19, 2001. In this regard, the EU Council authorized the Commission to negotiate with the WCO on EU membership in this organization. Based on this decision, the EU applied for WCO membership in April 2001.[19] The issue of EU membership in the WCO was considered in 2001 at the June meeting of the WCO Council,[20] as well as at subsequent meetings in December 2001 and June 2002. At that time several countries opposed it, and in 2002 the WCO Council left this issue open waiting for a political solution to emerge. Following contacts at political level, the above request was again presented to the WCO Council in June 2006. This time the proposal was approved and in December 2006 the WCO Council and then the WCO PC[21] examined the legal, voting and budgetary issues pertinent to the membership of the European Community in the WCO.[22]

Throughout its work, the Commission has kept Member States in the Customs Policy Group informed of the progress of the review and the practical implications of potential WCO membership. It is noteworthy that at that time the EU participated in the work of those WCO bodies that were created by international treaties or agreements to which the EU was a party.[23] As for the work of the EU in other WCO bodies, it could only participate as an observer, and in some cases a special invitation was required (for example, PC meetings).

As a member of the WCO, the European Community would be entitled to participate in all of its bodies, which are open to general membership, and to be elected to elected bodies. It should be noted that customs matters were the exclusive competence of the Community by virtue of the Treaty establishing the European Community and secondary legislation, most importantly the EU Customs Code. There is also some acquis in the area of customs cooperation related to customs offences and other matters related to EU Member States competences, as regulated by title VI of the Treaty establishing the European Union.[24]

To advance the issue of obtaining the necessary status for the EU in the WCO, it was necessary to resolve the issue of the competence of the Community and its member states in the WCO.

In this regard, the explanatory memorandum dated 14.05.2007 notes that the relevant provisions are fixed in the declaration on the competence of the Community in the World Customs Organization in the field of customs.[25] In all WCO bodies, the position of the Community on issues within the competence of the Community will be formed. In turn, for matters falling under national competence, EU Member States should strive to adopt a common position in order

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to ensure the unity of external representation of the Community and its Member States, as required by the case law of the European Court of Justice.[26]

According to the explanatory memorandum, Coordinated Community positions will be established in the Council’s Customs Union (Legislation and Policy) Working Party or in the Customs Code Committee or in the Customs Code Committee. On issues subject to Community competence, the European Community casts a number of votes equal to the number of its EU Member States in line with established practice in the World Customs Organization administered Conventions (e.g. the Revised Kyoto Convention, the Istanbul Convention) and the World Trade Organization.[27]

IX §1 Marrakesh Agreement Establishing the World Trade Organization (Marrakesh, April 15, 1994),[28] «Where the European Communities exercise their right to vote, they shall have a number of votes equal to the number of their member States which are Members of the WTO». An exception is the HS Convention, where the European Community, together with its Member States, as contracting party has only one vote. [29]

It also stipulates that EU Member States will continue to pay their membership fees to theWCO, which was recognized by the Council in its decision of 19 March 2001.

The European Community will pay an annual contribution to the WCO to strengthen the work of the Organization and to cover additional administrative expenses. The EC contribution will be such that the combined EU Member States and EC contributions to the WCO reflect the weight and importance of the European Community in international trade and customs matters. The overall share of contribution of the EC and EU Member States to the WCO will also be comparable in relative terms to the combined contributions to the WTO.[30]

The Community contribution would bring the combined contribution of the EC and the EU Member States to less than 38% of the total of the World Customs Organization, while in the case of the World Trade Organization it amounts to about 42%, calculated on the basis of share of world trade.

The WCO, the explanatory memorandum notes, will have to modify the Convention establishing a Customs Co-operation Council (CCC Convention) to enable accession of customs and economic unions inter alia the European Community. The Council of the WCO at its 109th/110th session of June 2007 is expected to adopt a decision to amend the Convention. The amendment will enter into force after all WCO members have given written notification of their acceptance of the amendment. Once the Convention has been modified, the European Community will be able to deposit a legal instrument of accession.[31]

In addition, the WCO Council at its 109th/110th session of June 2007, is also expected to adopt a decision, in order to allow the EC to temporarily exercise the rights and obligations which are akin to a member’s with immediate effect. Member States are called upon to support these two decisions of the WCO Council in the interest of the EC.[32]

Further, it is stated that the EU will be in a position to accept the interim status. In addition, the explanatory memorandum briefly reflects topics such as stakeholder consultation and impact assessment, legal elements, proposals to the Council of the EU, budgetary implications.

 

  1. DECISION OF THE COUNCIL OF THE EU ON THE ACCESSION OF THE EUROPEAN COMMUNITIES TO THE WORLD CUSTOMS ORGANIZATION AND THE EXERCISE OF RIGHTS AND OBLIGATIONS AKIN TO MEMBERSHIP AD INTERIM: AN ANALYSIS OF PROBLEMATIC ISSUES.

We noted above that the proposals of the EC dated 14.05.2007 for the decision of the Council on the accession of the European Communities to the WCO and the exercise of rights and obligations akin to membership ad interim[33] contained (1) an Explanatory Memorandum, (2) proposal 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, (3) Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council, as well as a Legislative financial statement.

The purpose of this study – to get acquainted with text of the mentioned proposals for the decision of the Council, as well as analyze them taking into account the EU Council decision of 25.06.2007.

We know three versions of the proposals for the EU Council decision and one final, adopted by this Council on 25.06.2007.

  1. The main content of the EC proposals to the EU Council of 14.05.2007, which had to adopt such proposals in the form of a decision, is as follows:

The preamble to the proposals of the draft decision of the EU Council notes:

On March 19, 2001, the Council decided to authorize the Commission to negotiate on behalf of the EU the accession of the European Community to the WCO;

the Convention Establishing the Customs Cooperation Council is expected to be amended by the WCO Council at its 109/110 meeting in June 2007 to allow customs or economic unions, including the EU, to gain WCO membership;

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Preliminary talks were held with the WCO, after which the EU and the WCO explored the possibility for the EU to exercise rights and obligations akin to those of WCO members pending ratification of the amended Convention Establishing the Customs Cooperation Council by all WCO members;

it is expected that the EU will be in a position to assume these rights and obligations in the framework of the CCC Convention in matters of Community competence;   

the EU Members States shall maintain their status in the WCO;

The competence of the EU and its Member States is set out in the draft decision as follows:

both the European Community and its Member States have competence in the areas covered by the CCC Convention, it is therefore desirable for the European Community to become a Contracting Party to the Convention 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 the uniform application of the Convention; 

for matters falling under European Community competence a European Community position must be established. For matters falling under national competence EU Member States should strive to adopt a common position to ensure the unity of external representation of the European Community and its Member States;[34]  

in view of the above the Council should adopt the necessary decision to enable European Community membership to the WCO and to provide for the exercise of rights and obligations akin to membership ad interim.[35]

The operative part of the proposals of the EU Council draft decision is as follows:

Upon entry into force of the amendment to the CCC Convention allowing the EC to become a member of that organization, the EC shall express its consent to be bound by the amended Convention and thereby accede to the WCO.

The Commission is hereby authorized to designate the person empowered to deposit the instrument of the formal notification to the depositor of the Convention in order to bind the Community, subject to the fulfillment of the procedural requirements of the EC Treaty.

EU Member States shall vote in favour of the Council of the WCO decisions according to which the European Community shall, as an interim measure, be granted rights akin to those enjoyed by WCO Members, subject to the conditions contained therein.[36]

The European Commission shall submit a letter to the WCO according to which the European Community accepts the rights and obligations akin to those of WCO members as laid down in the WCO Council decision pending the entry into force of the amendment of the Convention establishing a Customs Co-operation Council.

The letter shall contain a declaration of competence as specified in Annex 1.

The European Community shall pay an annual contribution to the WCO to strengthen the work of the WCO and to cover additional administrative expenses as of 1 July 2007.[37]

  1. For reference, we note that the materials of the EU Council dated 16.05.2007 on proposals sent on 14.05.2007 by the Commission for the 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[38] in the part of the draft decision of the Council were reflected in that the same editorial.
  2. In turn, the materials of the Council of the European Union dated 20.06.2007 on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization[39] on the draft decision have visible differences. Let us add that the considered draft decision of 20.06.2007 was adopted in the current version by the EU Council on 25.06.2007.

We will consider the amendments to the draft decision of the EU Council, introduced by the experts of this body of the European Community by 20.06.2007:

(a) in the preamble of the draft decision of the EU Council, the provision is completely deleted, according to which «it is therefore desirable for the European Community to become a Contracting Party to the Convention 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 the uniform application of the Convention».

Obviously, at the level of the EU Council, it was considered inappropriate to establish a rule according to which the EU and EU Member States exercise together the rights and fulfill obligations (in the specified context), set out in the convention that established the WCO;

(b) it is deleted the concept (expression) of «national competence» from the provision of the project, which separates the competence of the EU and national competence.[40] This term is replaced by the expression «matters falling under European Community competence».

Here, as above, it is clear that «national competence» and any «exercise together» the rights of the EU with its countries are «non-ideal» formulations for the EU Council. And this despite the fact that the EU, by virtue of the CCC Convention, cannot become its contracting party (until amendments are made to the convention), and, therefore, be a member of the WCO. It turns out that not a WCO member, but its observer represented by the EU, determines in the Organization the policy of subjects (EU member states) that are full members of the WCO. Thus, we see an attempt made by the EU Council to transfer the external competence of the EU to the WCO field (platform), where the European Communities have only an observer status and, by virtue of the convention, are not entitled to receive rights and bear obligations in accordance with the provisions of the CCC Convention.

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In the light of the foregoing, it can be considered legitimate the concern that was expressed on the issue of EU membership in the WCO in June 2001 at the 45th session of the PC about lowering the status of general directors of customs authorities to the status of nominal figureheads. It can be added that not only the heads, but also the lowering of the status (we read – the competence) of the customs authorities and their states.

(c) replace the provision on «the Council should adopt the necessary decision to enable European Community membership to the WCO and to provide for the exercise of rights and obligations akin to membership ad interim» with a mandatory rule according to which «the Council should provide for the exercise of rights and obligations akin to membership ad interim by the European Community in the WCO, including the payment of an annual contribution».

Maybe this amendment has its own logic, since we are talking about a decision that will be adopted by the Council of the EU anyway. Let us note that in the new version of the draft the EU Council, and not the Commission, is obliged to ensuring the exercise of rights and obligations akin to membership ad interim by the European Community in the WCO, including the payment of an annual contribution».

(d) in the operative part of the decision of the EU Council, the following provision is deleted:

«Upon entry into force of the amendment to the Convention establishing a Customs Co-operation Council allowing the European Community to become a member of that organization, the European Community shall express its consent to be bound by the amended Convention and thereby accede to the World Customs Organization».

Let us ask ourselves why in the EU Council version, in contrast to the proposals of the EU Commission, this paragraph of the decision was deleted?

The fact is that the abolished paragraph presumes that the EU will be able to become a member of the WCO only after the entry into force of the amendment to the ССС Convention. In other words, if the amendment to the СCC Convention has not entered into force, it cannot be argued that the EU has agreed and assumed the obligations arising from the convention; in this case it also cannot be argued that the EU has acceded to the WCO. Otherwise, the EU cannot obtain the rights and obligations arising from the convention.

We agree that this is a very «inconvenient» wording of the norm a week before the meeting of the WCO Policy Commission and then the WCO Council (June 2007), which should decide on granting the EU rights and obligations akin to those enjoyed by WCO Members. According to the author, we must pay tribute to the experts of the EU Council, who quickly noticed the «inconsistency» and a clear contradiction with the approaches previously presented at the WCO, as well as possible negative consequences.

(e) it is removed the provision that «the Commission is hereby authorised to designate the person empowered to deposit the instrument of the formal notification to the depositor of the Convention in order to bind the Community, subject to the fulfillment of the procedural requirements of the EC Treaty».

Let’s ask another question: how «slightly» to overlook (not to notice) the rules of the CCC Convention in terms of «joining» an international organization (ratifying the convention) in such a way that everything is beautiful and does not raise questions from experts? To do this, it is sufficient not to mention or delete in the draft decision the reference to the rule on the deposit of an instrument of ratification. After all, if (in the case of the WCO) the instrument of ratification has not been deposited with the Belgian Foreign Ministry, then this organization will not be able to notify all signatory and acceding governments, as well as the WCO Secretary General, about each document deposited, that is, about membership in the WCO.

The analysis of this paragraph leads us to turn to Article XVI of the CCC Convention, according to which the convention shall be subject to ratification, and the Instruments of ratification shall be deposited with the Belgian Ministry of Foreign Affairs, which shall notify all signatory and acceding Governments and the Secretary General of each such deposit.[41]

According to article XVIII of the same international act, the Government of any State which is not a signatory to the present Convention may accede thereto as from 1 April, 1951.

It follows that the Commission is not authorized to deposit (at the Belgian Foreign Office – author’s note) an instrument of official notification (Instruments of ratification), and therefore cannot bind the Community, provided that the procedural requirements of the EU Treaty are met. Such an action can only be taken by the acceding government and not by an international organization.

This is the reason to change the proposal of the Commission in this part by the EU Council.

(e) a new provision is introduced whereby «The European Community accepts the rights and obligations akin to those of World Customs Organization members as laid down in the World Customs Organization Council decision pending the entry into force of the amendment of the Convention establishing a Customs Cooperation Council».

Let us pay attention to the fact that the draft decision of the EU Council of 20.06.2007[42] recognizes the rights and obligations set out in the WCO Council decision, which does not yet exist (!) even at the time of the adoption of this project by the EU Council on June 25, 2007.[43]

 

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It is difficult to imagine that an international organization, for example, the Eurasian Economic Commission or the South African Customs Union, in its legal act in advance assumed rights and obligations that were not granted to them by the decision of another international organization (WCO).

Of course, we understand what rights and obligations we are talking about in relation to the materials of the 56th and 57th meetings of the WCO PC, as well as 109/110 sessions of the WCO Council. But the fact is that by June 25, 2007, such rights and obligations had not been granted by the WCO Council to the European Communities.

Let’s imagine for a moment that the decision of the WCO Council dated July 5, 2007 № 318 «Status of the European Communities vis-à-vis the World Customs Organization» was not adopted for any reason. What’s next? What will be the next steps and consequences for the decision taken by the EU Council?

According to the author the talk is about political agreements unknown to us, that the WCO Council will make the right decision. In our opinion, EU «membership» in the WCO is a purely political issue, and the decision itself is preliminarily reached agreements and an orchestrated action plan with interested parties. This thesis is confirmed by the abstention (refrain) from the formal voting procedure in the WCO Council on the status of the EU in the WCO. After all, the decision was made by acclamation,[44] i.e. without a formal vote.

It should be noted that by November 2, 2006 The WCO Secretariat formulated the position that «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». Obviously, something went wrong.

(g) in the same way as in paragraph «e» of this analysis, the obligation of the EC under the draft decision of the EU Council of 14.05.2007 «send a letter to the WCO in which the EU accepts rights and obligations akin to the rights and obligations of WCO members» looks like. Accordingly, it is not entirely clear how one can send a letter of the European Commission and assume rights and obligations, if legally such rights and obligations of the EU are not granted and do not legally exist.

In addition, this paragraph has been slightly modernized by replacing the obligation to «submit a letter to the WCO…» with «to communicate to the World Customs Organization that the European Community accepts the rights and obligations akin to those of World Customs Organization members».

So, we examined the main differences between the draft proposals of the EC and the draft decision of the EU Council, which was adopted on June 25, 2007 (2007/668/EC) on the exercise of rights and obligations akin to membership to ad interim by the European Community in the WCO.[45]

 

  1. DECLARATION OF COMPETENCE OF THE EUROPEAN COMMUNITIES IN MATTERS COVERED BY THE CCC CONVENTION. An extremely important issue, in our opinion, is the competence of the customs or economic union in the WCO, associated with the rights and obligations that, accordingly, the subject of international law[46] in the WCO assumes when preparing, and subsequently – when executing decisions (arrangements) reached in the working bodies of this Organization. In this context, it is worth recalling that, according to the Treaty on the Eurasian Economic Union of May 29, 2014, the EEU Member States implement a coordinated policy (including customs – author’s note) within the limits and volumes established by international treaties within the Union.[47]

When examining the EU legal instruments, which were used to obtain certain rights and obligations in the WCO, one should highlight the next document of the European Commission, dated 14.05.2007 – «Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council». The Declaration is an annex to the Council’s proposed decision by the European Commission on the accession of the EU to the WCO and the exercise of rights and obligations akin to membership ad interim.

In the text part of the declaration of competence, it is noted that, in accordance with the Treaty establishing the European Community, as amended, this declaration sets out the competence that the EU Member States have transferred to the Communities in matters governed by the Convention establishing a Customs Co-operation Council. However the exercise of competence which EU Member States has transferred to the European Communities pursuant to the Treaties is, by its nature, liable to continuous change. It is also noted here that the European Communities therefore reserve the right to adjust the declaration.[48]

For the purposes of comparative analysis, we note that in accordance with subparagraph «a» of paragraph 5 of Article 8 of the International Convention on the Simplification and Harmonization of Customs Procedures, «Any Customs or Economic Union may become, in accordance with paragraphs 1, 2 and 3 of this

 

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Article, a Contracting Party to this Convention. Such Customs or Economic Union shall inform the depositary of its competence with respect to the matters governed by this Convention. Such Customs or Economic Union shall also inform the depositary of any substantial modification in the extent of its competence».[49]

In the case of the Kyoto Convention, the competence of the Community was set out in a declaration in Annex II to the Council Decision of 17 March 2003 on the accession of the European Community to the Protocol amending the International Convention on the Simplification and Harmonization of Customs Procedures.

Annex II establishes competences in accordance with the requirements of the Convention: «For the purposes of Article 8(5)(a) of the Convention, as amended by the Protocol of Amendment , the European Community is competent for all matters governed by body of the Convention and its General Annex, except for those matters not falling within its  exclusive explicit or implicit competence as laid down in the Treaty establishing the European Community as amended and within secondary  Community legislation».[50]

The Declaration of Competence of 14.05.2007 grouped the policy areas and corresponding EU legal acts. In particular, the following policy areas (competences) transferred to the Community are given in the table of the annex under study: customs union, common commercial policy; customs cooperation; facilitation of customs procedures; customs valuation; origin; Harmonized system, tariff classification; tariff and quota matters; compliance and enforcement: drug precursors, fight against counterfeiting, cash control; supply chain security; transit, temporary admission; capacity building, technical assistance, training.[51] 

It is necessary to note that the grouping of legal acts by policy areas, as well as the list of these acts in the declaration of 05/14/2007, fully coincide with the grouping and list in the declaration of competence of the European Communities on issues covered by the CCC Convention of 06/01/2007,[52] presented to the attention of the 57th session of the Policy Commission.

A similar content of the declaration of EU competence is contained in the materials of the EU Council of 16.05.2007.[53]

Already in the EU Council materials of 20.06.2007[54] the listed policy areas, named in the draft declaration dated 14.05.2007, as well as brought to the attention of the WCO PC by 01.06.2007, are not mentioned at all, but only a list of EU acts is given. Wherein the declaration of EU competence of 20.06.2007 was changed in comparison with the draft declaration of 16.05.2007 and adopts a different content, which is approved after 5 days by the EU Council decision of 25.06.2007 № 2007/668/EC. It is worth noting that in the EU Council decision of 25.06.2007, the above list of EU legal acts is now referred to as «measures», «legal instruments» relating to customs issues adopted by the Community.

The question cannot but arise – how do these measures relate to the СCC Convention and the institutions of customs law, and also, why was it not considered necessary to reflect the political areas (competences) transferred to the Community in the final document of the EU Council of 25.06.2007?

Thus, the EU Declaration of Competence of 01.06.2007, sent by the European Commission for consideration at the 57th meeting of the PC in the framework of the issue of EU membership in the WCO, differs from the declaration adopted by the Council of the EU on 25.06.2006.

Another question logically arises – about the powers of the European Commission to send a declaration of its competence to the WCO PC by 06/01/2007 in advance to consider the issue of EU membership, while such a declaration, but already in a modified form, was adopted by the EU Council three weeks later on June 25, 2007? In other words, the European Commission sends a document (declaration) to the PC, which will be adopted at the EU level after 3 weeks, and the WCO Secretariat does not ask any questions about this.

When examining the issue of competence transferred to the Community by the EU Member States, let us turn to the declaration of competence, which was approved by the decision of the EU Council on June 25, 2007 № 2007/668/EC.[55] As noted above, this act was adopted by the EU Council 3 days before the meeting of the WCO Council 109/110 2007, which took place from 28 to 30 June 2007.

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The declaration of competence adopted by the Council states that, in accordance with the Treaty establishing the European Community, as amended, this declaration establishes the competence which the EU Member States have transferred to the Communities in matters governed by the Convention establishing a Customs Co-operation Council.[56]

The European Community declares that, in accordance with Articles 131-134 of the Treaty establishing the European Community, it has exclusive competence on common commercial policy.

The European Community may conclude international agreements whenever the internal competence has already been used in order to adopt measures for implementing common policies or if international agreement is necessary to obtain one of the European Community’s objectives. The European Community’s external competence is exclusive to the extent to which an international agreement affects internal European Community rules or alters their scope. Where this is the case, it is not for the Member States of the European Community but for the European Community to enter into external undertakings with third States or International Organizations. A list of measures concerning customs matters adopted by the Community is provided for in the list of legal instruments in the Annex to this Declaration.[57]

The exercise of competence which Member States of the European Community have transferred to the European Community pursuant to the Treaties is, by its nature, liable to continuous change. The European Community therefore reserves the right to adjust the declaration.

The exercise of the powers conferred by the Member States of the European Community to the European Community in accordance with the Treaties is, by its very nature, subject to constant change. The European Community therefore reserves the right to correct the declaration.[58]

Let us pay attention to the legal technique in the preparation of both declarations. Thus, in contrast to the draft (European Commission and Council of the EU) declarations of competence of May 14, 2007 and May 16, 2007, the adopted EU declaration of competence of June 25, 2007 does not contain references to specific policy areas (in the field of customs regulation), nor a list of legal acts grouped by areas of customs regulation.[59] For this case, the declaration dated June 25, 2007 is accompanied by an appendix, which only names the acts (measures affecting customs issues) of the EU without their correspondence to specific blocs of areas of customs regulation.

In the context of the issue under consideration, let us turn to the case law of the EU. Thus, before obtaining membership in the WCO, it was planned that in all WCO bodies the Community would form a position on issues within its competence. At the same time, on matters within national competence, the EU Member States were to seek to adopt a common position in order to ensure the unity of the external representation of the Community and its Member States, as required by the case law of the European Court of Justice (currently called the Court of Justice of the European Union).[60]

According to paragraph 108 of Opinion 1/94 of 15 November 1994 (Community competence to conclude international agreements relating to services and the protection of intellectual property – Article 228(6) of the EC Treaty)[61] «where it is apparent that the subject-matter of an agreement or convention falls in part within the competence of the Community and in part within that of the Member States, it is essential to ensure close cooperation between the Member States and the Community institutions, both in the process of negotiation and conclusion and in the fulfillment of the commitments entered into. That obligation to cooperate flows from the requirement of unity in the international representation of the Community».

        

CONCLUSIONS:

  1. The process of obtaining the so-called EU «membership» in the WCO, along with ongoing intensive political consultations and negotiations of the EU with the WCO Secretariat and foreign partners, simultaneously required the creation of a legal framework within the EU. Such legal foundations were formed promptly and in a very short time – from 14.05.2007 to 25.06.2007.

     Less than a year later, on April 28, 2008, the expert community got acquainted with the approaches – «Guidelines. WCO Membership: Ensuring Community Coordination», prepared by the General Secretariat of the Council of the European Union for the Working Party on Customs Union (Customs Law and Policy).[62]    

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  1. 1.5 months before the consideration of the issue of EU «membership» in the WCO, the European Commission on May 14, 2007 sent proposals to the EU Council for the adoption of a Council decision on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization.[63] This package includes an explanatory memorandum, a draft decision of the EU Council (proposals), a declaration of competence of the European Communities, as well as a legislative financial statement.
  2. Two days later, on May 16, 2022, materials of the EU Council were prepared,[64] the content of which mirrors the sent package of documents of the EC dated May 14, 2022. Almost a month later, on June 20, 2007, the expert community got acquainted with the draft decision of the Council and the declaration of competence of the European Communities,[65] which were adopted a week later by the decision of the EU Council of June 25, 2007 (2007/668 / EC) on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization.[66]
  3. According to the author, the named acts, as well as the steps taken by the EU, were successfully developed and implemented taking into account the preliminary political consultations and agreements reached by the European Commission, the WCO Secretariat and interested parties.

 (View original)

 

Other publications on this topic

  1. Sergei Mozer. Legal and organizational basis for economic and customs unions to get the status of member of the World Customs Organization»: monograph /S.V. Mozer. Moscow: Publishing House of the Russian Customs Academy, 2022. 462 pages.URL: http://customs-academy.net/?p=14986
  2. 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
  3. Sergei Mozer. Organizational and legal aspects of the European Communities membership in the World Customs Organization as a precedent for customs and economic unions // Socio-political Sciences. – № 4. – 2022. (Article) URL: http://customs-academy.net/?p=14924

 

 

REFERENCE LIST:

  1. 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.
  2. Kadyrkulov M.A., Mozer Sergei, Lipatova N.G. The World Customs Organization as a Modern Institute of Improvement of Customs Regulation and Trade Facilitation: a monograph. Lyubertsy: Publishing house of the Russian Customs Academy, 2017. URL: http://customs-academy.net/wp-content/uploads/2018/11/Мон.-ВТамО_Кадыркулов_Мозер_Липатова_.pdf
  3. Mozer S.V. Organizational and legal aspects of the membership of the European Communities in the World Customs Organization as a precedent for customs and economic unions // Socio-political sciences. – № 4. – 2022. URL: http://customs-academy.net/?p=14924
  4. 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. URL: http://customs-academy.net/?p=14597
  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. International Convention on the Simplification and Harmonization of Customs Procedures of May 18, 1973 as amended by the Protocol on Amendments to the International Convention on the Simplification and Harmonization of Customs Procedures of June 26, 1999. URL: https://www.wcoomd.org/-/media/wco/public/global/pdf/topics/facilitation/instruments-and-tools/conventions/kyoto-convention/revised-kyoto-convention/body_gen-annex-and-specific-annexes.pdf?la=en

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  1. Marrakesh Agreement Establishing the World Trade Organization (Marrakesh, April 15, 1994). GARANT system: http://base.garant.ru/2541158/#ixzz4fYPzEAib
  2. Convention establishing a Customs Co-operation Council. URL: https://www.wcoomd.org/en/about-us/legal-instruments/~/media/7E31EB9C9DC24D7984C217508F05D9E8.ashx
  3. Treaty on the Eurasian Economic Union of May 29, 2014. Electronic fund of legal and regulatory documents «Code». URL: https://docs.cntd.ru/document/420205962
  4. Order of the Eurasian Economic Commission 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/
  5. Council decision of 25 June 2007 on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32007D0668
  6. Proposal 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 (presented by the Commission). Commission of the European Communities. COM(2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007PC0252&from=EN
  7. Proposal 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 (presented by the Commission). Commission of the European Communities. COM(2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007 // Interinstitutional File: 2007/0087 (ACC). 9692/07. UD 50. ENFOCUSTOM 51. COMER 72. Council of the European Union. Brussels, 16 May 2007. URL: https://www.psp.cz/doc/00/02/23/00022310.pdf
  8. Legislative acts and other instruments. Subject: Council Decision on the Exercise of Rights and Obligations akin to Membership ad Interim by the European Community in the World Customs Organization. Interinstitutional File: 2007/0087 (ACC). 10764/1/07. REV 1 (en). UD 59.  UD 59 ENFOCUSTOM 67. COMER 94.  Council of the European Union. Brussels, 20 June 2007. URL:  https://www.eumonitor.nl/9353000/1/j4nvgs5kjg27kof_j9vvik7m1c3gyxp/vi7jgt6abdy6/f=/10764_1_07_rev_1.pdf
  9. Guidelines. WCO Membership: Ensuring Community Coordination. Doc 8594/08. UD 63. Council of the European Union. Brussels, 22 April 2008. URL: https://data.consilium.europa.eu/doc/document/ST%208594%202008%20INIT/EN/pdf
  10. Opinion 1/94 of the ECJ, ECR 1994, I-5267 §108. URL: https://eur-lex.europa.eu/resource.html?uri=cellar:3568c114-591b-4373-bb72-53523ffd70ce.0002.03/DOC_1&format=PDF
  11. Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council. Proposal 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 (presented by the Commission). Commission of the European Communities. COM(2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007PC0252&from=EN
  12. Information. Annex II to Council Decision of 17 March 2003 concerning the accession of the European Community to the Protocol of Amendment to the International Convention on the simplification and harmonization of customs procedures (Kyoto Convention). Official Journal L 086, 03/04/2003 P. 0021 – 0045. – P. I.86/45. URL: https://op.europa.eu/en/publication-detail/-/publication/1554cf70-455d-4388-a9c0-d60c338f049d/language-en/format-PDF

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  1. Membership request by the European Communities. Policy Commission. Annex II to Doc. SP0247E1a. 57th Session. SP0247E1a. Brussels, 1 June 2007.
  2. Declaration of competence by the European Community in matters covered by the Convention establishing a Customs Cooperation Council. Annex to Council Decision of 25 June 2007 on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization (2007/668/EC). URL: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32007D0668
  3. Opinion of the Court of 15 November 1994. – Competence of the Community to conclude international agreements concerning services and the protection of intellectual property – Article 228 (6) of the EC Treaty. – Opinion 1/94. European Court Reports 1994 I-05267. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1434894612069&uri=CELEX:61994CV0001
  4. KARTASLOV.RU. URL: https://kartaslov.ru/значение-слова/аккламация

 

 

 

[1]See paragraph 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 № 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

[2]Mozer S.V. Organizational and legal aspects of the European Communities membership in the World Customs Organization as a precedent for customs and economic unions // Socio-political Sciences.– № 4. – 2022. URL: http://customs-academy.net/?p=14924; Mozer S.V. 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. URL: http://customs-academy.net/?p=14597

[3]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/

[4]Council decision of 25 June 2007 on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32007D0668

[5]Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007PC0252&from=EN

[6]Proposal 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 (presented by the Commission).

[7]Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007 // Interinstitutional File: 2007/0087 (ACC). 9692/07. UD50. ENFOCUSTOM 51. COMER 72. Council of the European Union. Brussels, 16 May 2007. URL: https://www.psp.cz/doc/00/02/23/00022310.pdf

[8] Legislative acts and other instruments. Subject: Council Decision on the Exercise of Rights and Obligations akin to Membership ad Interim by the European Community in the World Customs Organization. Interinstitutional File: 2007/0087 (ACC). 10764/1/07. REV 1(en). UD 59.  UD 59 ENFOCUSTOM 67. COMER 94.  Council of the European Union. Brussels, 20 June 2007. URL: https://www.eumonitor.nl/9353000/1/j4nvgs5kjg27kof_j9vvik7m1c3gyxp/vi7jgt6abdy6/f=/10764_1_07_rev_1.pdf

[9] Declaration of competence by the European Community in matters covered by the Convention establishing a Customs Cooperation Council.

[10]Council decision of 25 June 2007 on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32007D0668

[11] Declaration of competence by the European Community in matters covered by the Convention establishing a Customs Cooperation Council.

[12] Guidelines. WCO Membership: Ensuring Community Coordination. Doc 8594/08. UD 63. Council of the European Union. Brussels, 22 April 2008. URL: https://data.consilium.europa.eu/doc/document/ST%208594%202008%20INIT/EN/pdf

[13]Held from 28 to 30 June 2007 at the WCO Headquarters in Brussels.

[14]Council decision of 25 June 2007 on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32007D0668

[15]Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007 // Interinstitutional File: 2007/0087 (ACC). 9692/07. UD50. ENFOCUSTOM 51. COMER 72. Council of the European Union. Brussels, 16 May 2007. URL: https://www.psp.cz/doc/00/02/23/00022310.pdf

[16] Legislative acts and other instruments. Subject: Council decision on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization. Interinstitutional File: 2007/0087 (ACC). 10764/1/07. REV 1(en). UD 59.  UD 59 ENFOCUSTOM 67. COMER 94.  Council of the European Union. Brussels, Brussels, 20 June 2007. URL: https://www.eumonitor.nl/9353000/1/j4nvgs5kjg27kof_j9vvik7m1c3gyxp/vi7jgt6abdy6/f=/10764_1_07_rev_1.pdf

[17]Council decision of 25 June 2007 on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32007D0668

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

[19] Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. – P.2. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007PC0252&from=EN

[20]The WCO Council is the highest decision-making body of the World Customs Organization, including all members at the level of heads of customs services.

[21]Policy Commission of the World Customs Organization.

[22] Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. – P.2. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007PC0252&from=EN

[23]For example, the Agreement on Customs Valuation, the Harmonized System, the Revised Kyoto Convention.

[24] Ibid. – P.3.

[25]A declaration of Community competence to the World Customs Organization in the field of customs matters.

[26]Opinion 1/94 of the ECJ, ECR 1994, I-5267 §108. URL: https://eur-lex.europa.eu/resource.html?uri=cellar:3568c114-591b-4373-bb72-53523ffd70ce.0002.03/DOC_1&format=PDF

[27] Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. – P.3. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007PC0252&from=EN

[28] Marrakesh Agreement Establishing the World Trade Organization (Marrakesh, April 15, 1994).URL:

https://www.wto.org/english/docs_e/legal_e/04-wto_e.htm

[29] Ibid.

[30] Ibid.

[31] Ibid. – P. 4.

[32] Ibid

[33]Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007PC0252&from=EN

[34]Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52007PC0252&from=EN

[35] Ibid.

[36] Ibid.

[37] Ibid.

[38]Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007 // Interinstitutional File: 2007/0087 (ACC). 9692/07. UD50. ENFOCUSTOM 51. COMER 72. Council of the European Union. Brussels, 16 May 2007. URL: https://www.psp.cz/doc/00/02/23/00022310.pdf

[39] Legislative acts and other instruments. Subject: COUNCIL DECISION on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization. Interinstitutional File: 2007/0087 (ACC). 10764/1/07. REV 1(en). UD 59.  UD 59 ENFOCUSTOM 67. COMER 94.  Council of the European Union. Brussels, Brussels, 20 June 2007. URL: https://www.eumonitor.nl/9353000/1/j4nvgs5kjg27kof_j9vvik7m1c3gyxp/vi7jgt6abdy6/f=/10764_1_07_rev_1.pdf

[40]7. For matters falling under European Community competence a European Community position must be established. For matters falling under national competence EU Member States should strive to adopt a common position to ensure the unity of external representation of the European Community and its Member States.

[41]Convention establishing the Customs Cooperation Council. URL: https://www.wcoomd.org/en/about-us/legal-instruments/~/media/7E31EB9C9DC24D7984C217508F05D9E8.ashx

[42] Legislative acts and other instruments. Subject: COUNCIL DECISION on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization. Interinstitutional File: 2007/0087 (ACC). 10764/1/07. REV 1(en). UD 59.  UD 59 ENFOCUSTOM 67. COMER 94.  Council of the European Union. Brussels, Brussels, 20 June 2007. URL: https://www.eumonitor.nl/9353000/1/j4nvgs5kjg27kof_j9vvik7m1c3gyxp/vi7jgt6abdy6/f=/10764_1_07_rev_1.pdf

[43]Council decision of 25 June 2007 on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32007D0668

[44] Acclamation (lat. acclamatio – «shout, exclamation») – a simplified procedure for making or rejecting a decision based on the reaction of the participants, expressed in the form of applause, exclamations, remarks and other direct (informal) expression of one’s opinion / KARTASLOV.RU. URL : https :// kartaslov . ru /meaning-words/acclamation

[45]Council decision of 25 June 2007 on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32007D0668

[46]Economic or customs union.

[47]Clause 2 of Article 5 of the Treaty on the Eurasian Economic Union dated May 29, 2014. Electronic fund of legal and regulatory documents “Code”. URL: https :// docs . cntd . en / document /420205962

[48] Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council. Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. – P.9. URL: https :// eur lex . europa . eu / legal content / EN / TXT / PDF /? uri = CELEX :52007 PC 0252& from = EN

[49] Pp. «a» paragraph 5 of Art. 8 (Ratification of the Convention) International Convention on the Simplification and Harmonization of Customs Procedures of May 18, 1973, as amended by the Protocol amending the International Convention on the Simplification and Harmonization of Customs Procedures of June 26, 1999. URL: https://www.wcoomd.org/-/media/wco/public/global/pdf/topics/facilitation/instruments-and-tools/conventions/kyoto-convention/revised-kyoto-convention/body_gen-annex-and-specific-annexes.pdf?la=en

[50] Information. Annex II to Council Decision of 17 March 2003 concerning the accession of the European Community to the Protocol of Amendment to the International Convention on the simplification and harmonization of customs procedures (Kyoto Convention). Official Journal L 086, 03/04/2003 P. 0021 – 0045. – PI86/45. URL: https://op.europa.eu/en/publication-detail/-/publication/1554cf70-455d-4388-a9c0-d60c338f049d/language-en/format-PDF

[51] Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council. Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. URL: https :// eurlex . europa . eu / legal contentEN / TXT / PDF /? uri = CELEX :52007 PC 0252& from = EN

[52] Membership request by the European Communities. Policy Commission. Annex II to Doc. SP0247E1a. 57th session. SP0247E1a. Brussels, 1 June 2007. – II/1.

[53]Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007 // Interinstitutional File: 2007/0087 (ACC). 9692/07. UD50. ENFOCUSTOM 51. COMER 72. Council of the European Union. Brussels, 16 May 2007. URL: https://www.psp.cz/doc/00/02/23/00022310.pdf

[54] Legislative acts and other instruments. Subject: COUNCIL DECISION on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization. Interinstitutional File: 2007/0087 (ACC). 10764/1/07. REV 1(en). UD 59.  UD 59 ENFOCUSTOM 67. COMER 94.  Council of the European Union. Brussels, Brussels, 20 June 2007. URL: https://www.eumonitor.nl/9353000/1/j4nvgs5kjg27kof_j9vvik7m1c3gyxp/vi7jgt6abdy6/f=/10764_1_07_rev_1.pdf

[55] Declaration of competence by the European Community in matters covered by the Convention establishing a Customs Cooperation Council. Annex to Council Decision of 25 June 2007 on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization (2007/668/EC). URL: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32007D0668

[56] Declaration of competence by the European Community in matters covered by the Convention establishing a Customs Cooperation Council. Annex to Council Decision of 25 June 2007 on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization (2007/668/EC). URL: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32007D0668

[57] Ibid.

[58] Ibid.

[59]Areas: customs union, common commercial  policy; customs cooperation; facilitation of customs procedures; customs valuation; origin; Harmonized system, tariff classification; tariff and quota matters; compliance and enforcement: drug precursors, fight against counterfeiting, cash control; supply chain security; transit, temporary admission; capacity building, technical assistance, training.

[60]Opinion of the Court of 15 November 1994. – Competence of the Community to conclude international agreements concerning services and the protection of intellectual property – Article 228 (6) of the EC Treaty. – Opinion 1/94. European Court Reports 1994 I-05267. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1434894612069&uri=CELEX:61994CV0001

[61]Ibid.

[62] Guidelines. WCO Membership: Ensuring Community Coordination. Doc 8594/08. UD 63. Council of the European Union. Brussels, 22 April 2008. URL: https://data.consilium.europa.eu/doc/document/ST%208594%202008%20INIT/EN/pdf

[63]Council decision of 25 June 2007 on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32007D0668

[64]Proposal 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 (presented by the Commission). Commission of the European Communities. COM( 2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007 // Interinstitutional File: 2007/0087 (ACC). 9692/07. UD50. ENFOCUSTOM 51. COMER 72. Council of the European Union. Brussels, 16 May 2007. URL: https://www.psp.cz/doc/00/02/23/00022310.pdf

[65] Legislative acts and other instruments. Subject: COUNCIL DECISION on the exercise of rights and obligations akin to membership ad interim by the European Community in the World Customs Organization. Interinstitutional File: 2007/0087 (ACC). 10764/1/07. REV 1(en). UD 59.  UD 59 ENFOCUSTOM 67. COMER 94.  Council of the European Union. Brussels, Brussels, 20 June 2007. URL: https://www.eumonitor.nl/9353000/1/j4nvgs5kjg27kof_j9vvik7m1c3gyxp/vi7jgt6abdy6/f=/10764_1_07_rev_1.pdf

[66]Council decision of 25 June 2007 on the exercise of rights and obligations akin to membership to ad interim by the European Community in the World Customs Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:32007D0668