ORGANIZATIONAL AND LEGAL FEATURES OF OBTAINING BY THE EUROPEAN UNION RIGHTS AND OBLIGATIONS AKIN TO THOSE OF THE WORLD CUSTOMS ORGANIZATION MEMBERS

РУССКИЙ

Sergei Mozer, Ph.D. (Law)

e-mail: moser@teloneum.net

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

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

Published: Gaps in Russian Legislation – Vol. XV,  № 7.  – 2022. – pages 253-265.

© S.V. Mozer, 2022

(View original)

When using the article referance is required

The presented research material is a continuation of a previously published article on the organizational and legal features of obtaining membership in the World Customs Organization (WCO) by the European Communities (EC), contains an analysis of the third and fourth stages (2006-2007), within which the EC received rights and obligations akin to those of the World Customs Organization Members.

Annotation

A task

To systematize and analyze legal and organizational features, as well as activities aimed at obtaining rights and obligations akin to those enjoyed by the WCO members for the EС in the period from 2006 and 2007.

Conclusions

The research article is devoted to the issues of the legal status of the EU 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 by the Union the WCO membership status.

The subject of the study is the stages, activities, organizational and legal instruments and consequences of EU membership in the WCO.

The performed analysis of stages and legal and organizational features of obtaining by EU the WCO membership can be used to develop conceptual approaches for the Eurasian Economic Union (EEU) to obtain the WCO membership status 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 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 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. Effective development of trade relations is impossible without creating a favorable legal climate. The presence of stable and flexible legal means that ensure a balance of interests of business and regulatory government authorities in terms of compliance with customs legislation is a guarantee of minimizing the impact of global economic challenges, including in the Eurasian Economic Union (Union). The Customs Cooperation Block of the Eurasian Economic Commission (Commission, EEC) actively interacts with the international customs community on the study of best practices in customs regulation. Bilateral relations with the World Customs Organization (WCO) can be called productive, on the platform of which the Commission participates in the development and modernization of the WCO legal instruments and tools. Such cooperation is transformed into expert work within the Commission and the Union to improve the law in the field of customs.

The study of the issues of the legal status of the European Union[1] (EU) in the World Customs Organization began at the expert level of the Eurasian Economic Commission in 2015, when a request was received from one of the countries of the Eurasian Economic Union to consider the question of obtaining 

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the so-called «associated membership of the WCO» by the Union.[2] With the adoption of the Strategic Directions for the Development of Eurasian Economic Integration until 2025[3] (Strategic Directions) and the establishment in the Commission of a Working Group on interaction with the WCO in 2022,[4] the issue of conducting joint actions with Member States aimed at obtaining the Union’s membership status in the WCO received legal consolidation and subsequent development.

By virtue of the Convention Establishing a Customs Co-operation Council of 1950[5] (CCC Convention, Convention) members of the Council are (1) the Contracting Parties to the present Convention, (2) the Government of any separate Customs territory. According to paragraph (d) of article II of the same Convention, «the Council may admit representatives of non-Member Governments or of international organizations in the capacity of observers».^[6] Thus, membership of an international organization (for example, a customs or economic union) in the WCO is limited to the legal status of an «observer».[7]

Thus, there are no legal grounds for the membership of the Union in the WCO. Despite this, the thesis is put forward about the use of the EU precedent in the WCO. For experts who draw parallels with the EU and follow this line, we note that the EU is not a member of the WCO, but has rights and obligations akin to those of WCO Members. Along with this, there is no legal interpretation of what should be understood by such a status.[8]

Without going into deep analysis, one can refer to the materials of the WCO Secretariat dated 14.07.2022 «Brief overview (synopsis of positions) of Conventions sponsored or administered by the Customs Co-operation Council», where the European Union belongs to the group of entities not members of the Council (Council non – members)[9], that is, it does not have the status of a WCO member (author’s note).

To date, we have conducted a comprehensive study «Legal and organizational basis for economic and customs unions to get the status of member of the World Customs Organization»[10] and its results, no doubt, can be useful for the expert work of the Commission in the framework of the implementation of paragraph 11.7.5. of Strategic directions in terms of cooperation with the WCO.

And the analysis of the first two stages and organizational and legal features of obtaining EU membership in the WCO in the period 2001-2002 was brought to the attention of the scientific and expert community in 2022.[11] This article is a continuation of the research material and covers the next two stages (3rd and 4th), as a result of which the European Communities were granted rights akin to those of WCO Members. Let’s consider them in detail.

THIRD STAGE. In our opinion, the beginning of the third stage on the way for the EU to obtain the status of a WCO member is the sending in June 2006 by the European Commission to the WCO Secretary General of a repeated request for the EU to join the WCO.^[12] The EU expressed its intention to resume negotiations with a view to joining the WCO.^[13]

1. General analysis . Based on the results of the analysis of the 3rd stage of obtaining the rights and obligations of the EU akin to those that WCO member countries have, we have identified the following topics that deserve the attention of the expert and scientific community:

– repeated EU request for WCO membership and its reasons;

– on the preparation by the WCO Secretariat of a comprehensive document on the institutional, financial and legal implications of EU membership
in the Organization;[14]

– analysis of the powers of various customs unions and the European Communities;

– a package of proposals (legal structure for the EU) and temporary measures associated with the granting the EU membership in the WCO;

– declaration of EU competence in matters covered by the Convention Establishing a Customs Cooperation Council;

– stages of movement towards EU membership in the WCO at the 3rd stage;

– questions on the issues of EU membership in the WCO;

– EU voting in the WCO;

– EU membership fees to the WCO;

– the opinion of the WCO Secretary General on EU membership in the WCO;

– the EU as a separate customs territory;

– implications for other regional groups.

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In our opinion, the study of each of the selected topics will allow, at the expert level, to understand in a complex the problems of the formation of the current legal status of the EU in the WCO.

We believe that the third stage of the EU’s movement
towards obtaining the status of a WCO member, which we have identified, has formed the legal outlines of the settlement of this issue. It is worth noting that the main message of the work carried out by the international customs community was
that the EU is «a true Customs Union» and a «sui generis entity».

According to the author, this is a very controversial thesis, given the fact that the international customs community and the WCO Secretariat have
not yet formed the criteria for the so-called «uniqueness» for a customs or economic union that can bring it closer to obtaining rights and obligations in the WCO, similar to those that are provided and assigned to full member states of the WCO.

As much as we talk about the precedent of the EU in the WCO for other customs and economic unions, it must be understood that the legal construct on provisional measures granting the so-called EU membership in the WCO was developed exclusively for the European Communities. These words are confirmed by the speech of the WCO Secretary General at the 57th session of the WCO Policy Commission. He drew attention to the specific aspects that whereas the proposed amendment to the Convention would permit any Customs or Economic Union to become a Member of the WCO provided that the Council approved its request, the draft Decision setting out an interim solution pending the entry into force of that amendment related solely to the European Communities.^[15]

Let us pay special attention to the fact that the WCO act, which proposed to amend the said convention, is not binding on WCO members, since it is expressed in the form of a recommendation. This is not a Council decision. There is no need to build illusions that the amendment to the Convention proposed in the recommendation of the Council will come into force, and customs
and economic unions will be able to obtain the status of a WCO member before the final modernization of the Convention.

And this despite the fact that on the eve of the development of temporary measures for the EU in the WCO, Vice-Chairs representing the regions of West
and Central Africa and North Africa, the Near and Middle East
within the framework of the 56th session of the PC, they expressed a thesis of fundamental importance – «it essential that any solution adopted in order to enable the European Communities to join the WCO should not take the form of a special arrangement specific to the EC, but should also provide for the longer-term perspective of accession by other Customs Unions in the future. In this connection, it was stressed that there would be a need for clarity as to what actually constituted a Customs Union; the criteria to be fulfilled would have to be clearly specified, but care should be taken to ensure that they were not unattainable in practice».^[16]

Obviously, the vice-chairmen were not heard. No, of course, they were heard, fixing such a possibility in the recommendations for amending the convention, which will never enter into force. However, in fact, the decision of the Council on the EU took the form of a special arrangement specific to the EC, which was asked to be prevented by representatives of various WCO regions. We should note that this decision was made in 2007 by acclamation,[17] that is, without a formal vote (!).

The fact that this is a political, geopolitical, and not a technical (customs) decision. The WCO Secretary General considers, that the EC membership request was essentially a political issue, to be dealt with nationally at the Ministerial level as it was not a Customs matter per se. The European Union was a reality; as an actor in the international community, in Geneva the EC was negotiating with Governments world-wide on trade issues. In order to reflect the reality of the geopolitical situation, it would seem logical to place the WCO´s relationship with the European Communities on a more official footing, particularly bearing in mind the fact that the EC had adopted many legislative measures based on WCO instruments.^[18]

2. EU re-request. The beginning of the third stage on the path to EU membership in the WCO is the sending in June 2006 by the European Commission
   to the WCO Secretary General a repeated request for EU accession to the WCO.[19] The EU expressed its intention to resume negotiations with a view to joining the WCO.[20]
3. Reasons for the request. The European Commission announced 4 reasons for the EU’s intention to become a WCO member. To date, we have consistently identified 3 versions of such reasons, which were polished by the WCO Secretariat in the course of preparation for the PC and the Council meetings.

original version

It is necessary to provide a more accurate reflection of the reality of the European Union, since the customs union not only fell under the competence of the Community, but was in fact the first achievement of the latter.

All the work done by the EU (especially with the proposal to revise the

 

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Customs Code) has allowed the EU to say that it has made a constructive contribution to the activities of the WCO.[21]

The EU is already a contracting party to several WCO conventions and a member of several key WCO bodies. The existing cooperation can only be expanded through EU accession to the WCO.^[22]

The last reason is related to the minor institutional impact that EU accession will have on the WCO, since in terms of voting the EU will simply replace its members and will not have more «weight» in the decision-making mechanism of the WCO.

Second version (interpretation by the WCO Secretariat)     

Having the EU as a member of the WCO would provide a more accurate reflection of reality than the current situation, given the extent to which fiscal matters fall within the purview of the EU; Community Customs legislation is applicable in all EC Member countries and is administered by the European Court of Justice. The customs union falls under the competence of the Community, as does trade policy, which is the reason why the EU is a member of the WTO. The EU is simply seeking equivalent treatment within the WCO.^[23]

Over the past four years, the EC has worked on a number of issues that the WCO is also involved in, in particular in the area of supply chain security and the fight against counterfeiting and piracy.[24] As a result, the EU is in a position to make a constructive contribution to the WCO activities.^[25]

The EU is already a Contracting Party to a number of WCO instruments and full member status^[26] would be a logical extension of this situation.^[27]

In institutional terms the accession of the European Communities would have very little impact on the distribution of votes, as it would merely mean that in areas where Community competence was clearly recognized, the European Community would exercise the votes of those EU Members which were entitled to vote in the WCO body concerned.^[28] No additional votes will be used.^[29]

final version[30]

The European Communities have simply asked that the EU’s powers in matters related to customs be treated in the same way as its competencies in trade are viewed in the context of the WTO. In fact, this was the main argument of the EU in favor of WCO membership. The EC was an advanced, last-generation Customs Union with exclusive responsibilities in a number of areas of trade and customs policy, and WCO and WTO should take comparable approaches to these responsibilities.

The second reason was the level of activity of the EC and its Members, and of the European Commission in particular, in WCO affairs over the previous four years. The European Commission had considerably increased its support for the WCO and had contributed a great deal to the activities of the Organization, and wished to continue to do so. Full membership of the Organization would make this more possible for the future.^[31]

The third reason had to be found in the long-term prospects for the development of international and commercial issues at the multilateral level. Many more issues of a commercial nature could be expected to spill over from the WTO sphere into the Customs policy sphere. A typical example of this was provided by the proliferation of regional agreements on commercial policy, an issue which was going to create challenges for an Organization such as the WCO. As the EC had responsibilities in commercial policy, it should have adequate status in discussions on related Customs policy matters; therefore it would make sense, given the long-term perspectives for the organization of commercial relations at the international level, to support the current moves to confirm the status of the EC as a full Member of the WCO.[32]

4. Comprehensive Document. In order to comprehensively consider the issue being analyzed, on November 2, 2006, the Secretariat prepared a comprehensive document in the form of reference materials on the legal, institutional and financial implications of the EU’s accession
   to the WCO.[33] Among them are the following headings:

– the current status of the European Communities in relation to the WCO;

– legal issues of the consequences of amending the Convention on the Establishing a Customs Cooperation Council;

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

– financial issues: about the constant annual contributions to the WCO budget and the methodology for their calculation.[34]

5. A Study in Customs Unions. In addition, the WCO Secretariat has conducted a study, analysis of the status as of 2006 and future expectations of customs and economic unions around the world, which provides a comparative analysis of the powers of various customs unions and the European Communities.[35] The study also paid attention to the Eurasian Economic Community. A conclusion was prepared based on the results of the analysis of the powers of various customs unions and the European Communities.
6. Package of Proposals (Legal Structure) and Interim Measures for the EU at the WCO. In June 2007, the WCO Secretariat prepared a package of proposals (a set of draft texts) that were supposed to consolidate the new legal status of the EU in the WCO:

– Draft amendment to article XVIII of the Convention establishing a Customs Co-operation Council, allowing customs and economic unions to become contracting parties to the convention and therefore members of the WCO;

– Draft Recommendation of the Customs Co-operation Council required to bring into effect the amendment to article XVIII of the Convention establishing a Customs Co-operation Council;

– Draft Council Decision to give the European Communities rights and obligations akin to those of WCO Members, pending the entry into force of the amendment to Article XVIII of the Convention.

1. a) Draft decision of the Council

Since the CCC Convention does not allow the granting of WCO membership status to customs and economic unions, the WCO Secretariat has developed interim measures associated with the granting of EU membership in the WCO. This is the aforementioned draft decision of the Council on giving the European Communities rights and obligations akin to those of WCO Members, pending the entry into force of the amendment to Article XVIII of the Convention.

For reference, the Council decided that «pending the entry into force of an amendment permitting Customs or Economic Unions to accede to the Convention, the European Communities shall, as an interim measure, be granted rights akin to those enjoyed by WCO Members, subject to the following special arrangements and conditions».[36]

The temporary solution proposed in this Council’s draft decision does not actually grant EU membership in the WCO, but gives them certain rights and responsibilities akin to those of WCO Members.^[37] Also, under the terms of the draft Decision, the interim decision and the position with regard to the ratification of the amendments to the Convention were to be reviewed on a regular basis. This meant that the Council would be free to extend, alter or rescind the interim arrangements at any time, depending on how the legal situation unfolded in the future.^[38]

1. b) Draft Council Recommendation

The Draft Amendment to Article XVIII of the Convention Establishing a Customs Cooperation Council to Allow Customs and Economic Unions to Become Contracting Parties to the Convention and Hence Members of the WCO is structured as follows:

“(d) Any Customs or Economic Union may become, in accordance with paragraphs (a), (b) and (c) above, a Contracting Party to this Convention. Any request from a Customs or Economic Union to become a Contracting Party shall first be submitted to the Council for approval. For the purposes of this Convention, Customs or Economic Union means a Union constituted by, and composed of, States which has competence to adopt its own regulations that are binding on those States in respect of matters governed by this Convention, and has competence to decide, in accordance with its internal procedures, to accede to this Convention.

 

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To date, this amendment has not entered into force and, in the opinion of the author, it is unlikely that this will happen in the future.

7. EU Declaration of Competence. Special attention should be paid to the Declaration of competence by the European Communities in matters covered by the Convention Establishing a Customs Co-operation Council, which was prepared by the European Communities. The Declaration was brought to the attention of the experts for the 57th session of the WCO PC.[39]

Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council is a grouped table that consists of EU policy areas (customs union, common trade policy, customs cooperation; customs facilitation; customs valuation; origin; harmonized system, tariff classification; tariffs and quotas; law enforcement: drug precursors, counterfeiting, cash control; supply chain security; transit, temporary admission; institutional development, technical assistance, training) with reference to EU legal acts.

Such a presentation of material in the declaration does not allow to quickly understand the real competence of the EU in the selected areas of customs regulation (areas of EU policy).

This table contains a list of EU regulations, but does not provide specific explanations of EU competence that may be understandable to a wide audience of experts.

The European Communities retain or reserve the right to amend this declaration of competence.

For the convenience of expert work and understanding of the problem of delimiting the competence of the EU and their countries in the WCO, we have identified the main theses voiced by representatives of the EU and the WCO during the consideration of this issue. They come down to this:

it is important to understand how it will be resolved, and what issues fall within the competence of the EU, and which remain the responsibility of its individual member states;

the EU will represent its members in those matters for which it is responsible under the terms of the European Treaties;

the two WCO conventions to which the EU is a contracting party (i.e. the Revised Kyoto Convention and the Istanbul Convention) require contracting customs or economic unions to delineate competence between themselves and their member states. Thus, both conventions read:

such Customs or Economic Union shall inform the depositary of its competence with respect to the matters governed by this Convention.[40] Such Customs or Economic Union shall also inform the depositary of any substantial modification in the extent of its competence; ^[41]

in the case of the Revised Kyoto Convention, the EU addressed this obligation by adopting a decision^[42] which states, inter alia, that «…the European Community is competent for all matters governed by the 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»;

the European Commission suggests that this general declaration would be useful in the WCO membership context also, adding that in practical terms, the EU Member States could continue to speak and present their opinions in matters of budget, audit, nominations, elections, and probably (pending legal advice) in matters of capacity building, integrity and enforcement. For Customs policy matters such as facilitation, valuation, origin and the Harmonized System, the European Communities would be competent.;^[43]

the European Communities would be competent in most areas of WCO business, with the Members retaining competence in certain fields, particularly those related to matters of «law and order»; there would be a small grey area for which the European Communities and its Members would need to find solutions;^[44]

within the EU on issues within the competence of the Community, common positions in the work of the WCO will be developed and expressed. This does not mean that the European Commission will be the sole representative – common positions will also be expressed by representatives of the EU members;

it is important that senior customs officials of the Member States continue to have the opportunity to speak, because the experience of efficient, expeditious customs activities is still theirs. It is equally important to note that Community positions would be elaborated only in matters of Community competence; on other matters, it was presumed that the EC would have the status of an observer as at present, having the possibility of contributing to the discussions but not the status of a full Member.^[45]

 

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8. Stages. Within each stage of the EU’s journey towards WCO membership, we highlight the actions that have been taken by the WCO Secretariat and stakeholders to achieve the EU’s goal. As part of the third stage, they are reduced to the following:

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;

Sending in June 2006 by the European Commission of a repeated request to the Secretary General for EU accession to the WCO;

Adoption of the decision of the EU Council 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 by the European Community in matters covered by the Convention establishing a Customs Cooperation Council (annex to the decision dated 25.06.2007);

Presentation by the Secretary General of the WCO of the EU request for EU accession to the WCO at the 55th session of the PC (26-28 June 2006);

Presentation of the EU request by the Director General for Taxation and Customs Union (TAXUD) at the 55th session of the PC (28-29 June 2006);

Presentation of the EU request by the Director General for Taxation and Customs Union (TAXUD) at the Council meeting (29.06.2006 – 01.07.2006);[46]

Statement by the WCO Secretary General at the 107th/108th session of the WCO Council (29 June to 1 July 2006) on the EU request for WCO accession;

Participation of the Director General for Taxation and Customs Union (TAXUD) of the EC in the 107/108th sessions 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;

Council (107/108 meeting) taking note of the EU’s request for WCO membership;

Council instructing 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 issues raised in relation to other regional groupings (29 June to 1 July 2006);

Preparation by the WCO Secretariat of an information paper
(for the 56th PC session) on the institutional, financial and legal implications of the EU’s accession to the WCO entitled «Membership Request by the European Communities», dated 2 November 2006, SP0231E1a. Document structure:

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

– legal issues of the consequences of amendments to the ССС 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.

In the operative part of the document (at the 56th meeting), the Policy Commission was invited to consider the renewed request of the EU for membership in the WCO in order to pave the way for a comprehensive discussion of this issue at the Council sessions in 2007;[47]

Preparation with the WCO Secretariat of a study (for the 56th PC session) on the status of customs and economic unions and similar regional groupings around the world, Comparative Analysis of the Powers of Different Customs Unions and European Communities, November 2, 2006, SP0231E1a;

Formation of the position of the WCO Secretariat of November 2, 2006 (doc. SP0231E1a), including procedures for amending the CCC Convention and granting EU membership to the WCO:

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

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

56th Session of the WCO Policy Commission (December 5-7, 2006):

– reviewed the working paper of the WCO Secretariat on the institutional, financial and legal implications of the EU’s accession to the WCO entitled «Membership Request by the European Communities» dated November 2, 2006, SP0231E1a;

– The Secretary General (1) proposed to put WCO relations with the EU on a more formal footing, (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 session, the Chairperson of the PC stated that, in general, the EU accession is supported, but some political and legal issues remain to be resolved;

 

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Commitment by the WCO Secretary General to prepare by the Secretariat a new working paper responding to the various issues raised at the 56th PC session (5-7 December 2006);

Preparation by the WCO Secretariat of a package of proposals for granting the status of a WCO member to the EU for consideration at the 57th session of the PC (doc. SP0247E1a, 01.06.2007):

– Draft amendment to article XVIII of the Convention establishing a  Customs Co-operation Council, allowing customs and economic unions to become contracting parties to the Convention and therefore members of the WCO;[48]

– Draft Recommendation of the Customs Co-operation Council required to bring into effect the amendment to article XVIII of the Convention establishing a Customs Co-operation Council;

– Draft Council Decision to give the European Communities rights and obligations akin to those of WCO Members, pending the entry into force of the amendment to Article XVIII of the convention;

57th session of the PC (25-27 June 2007), during which:

– The WCO Secretariat proposes an interim solution that will allow the EU to use rights akin to those of WCO members until the amendment enters into force;

– The Policy Commission unanimously agreed with the amendments proposed by the group and 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 granting the EU rights akin to those enjoyed by members, pending acceptance of the above recommendation by all contracting Parties.

9. Questions about EU membership in the WCO. As part of the third stage of consideration of the issue of EU membership in the WCO, we identified the following issues of the expert community:

If the European Union is admitted as a member of the WCO, the Council should be prepared for similar requests from other economic groupings around the world. For the sake of uniformity, it is important to clearly state how such requests will be dealt with.

Will any amendments to the CCC Convention be required to take into account the changed situation of the EU Member States in relation to the Organization? It would be a prerequisite that EU accession should under no circumstances lead, de jure or de facto, to the withdrawal from the Organization of any EU Member State.

What amendments would need to be made to other official documents, such as the Council’s rules of procedure?

To what extent will the formal documents of the various WCO committees and other technical bodies need to be changed to reflect the new status of the EU in these bodies?

Who sought to join the WCO – the European Union or the European Communities, and what was the difference between them?

What will the EU be able to do as a member of the WCO that it has not yet done in its current status?

Which issues will fall within the competence of the EU, and which will remain the responsibility of the EU member states?

If it is a financial question, what level of contribution is expected from the EU, what balance will be struck between the contribution of the EU and the contribution of the EU Member States, and what will be the relationship between the contribution and the number of votes awarded?

10. EU vote at the WCO. The main theses on this issue can be divided into 2 groups: those voiced in the third stage, as well as formalized in the draft decision of the Council on giving the European Communities rights and obligations akin to those (rights and obligations) of WCO members, before the entry into force of the amendment to Article XVIII of the Convention.

During the discussions, the following approaches were voiced:

in terms of voting, the EU will simply replace its members and have no more «weight» in the decision-making mechanism of the WCO;

the admission of the European Communities as members will not affect the total number of votes currently enjoyed by the EU as a whole;^[49]

The European Commission will only cast the same number of votes as currently granted to EU Member States;

From an institutional point of view, EU accession will have very little effect on the distribution of votes, since it will simply mean that in those areas where Community competence is explicitly recognized, the European Community will exercise the voting rights of those EU members that had the right to vote in the relevant WCO body.^[50] No additional votes will be used;^[51]

EU membership does not confer any additional voting rights on the EU and its members. The suggestion that the EU simply exercise the voting power of its member states is entirely in line with the situation in the WTO and in the WCO bodies.[52]

 

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With regard to the interim measures formalized in the Council’s draft decision, here are excerpts:

«3. In all other WCO bodies,[53] the European Communities shall have the same rights and responsibilities as the Members of the WCO, with the following exceptions:

3.1. where a vote is held on a matter within its competence, the European Communities shall not have an individual vote, but shall exercise in its own name the votes of all of its Member States that have the right to vote in accordance with the Rules of Procedure. In such case, the Member States of the European Communities shall not be allowed individually to exercise their voting rights;

3.2. where a vote is held on a matter which does not fall within its competence, the European Communities shall not have a vote. Those Member States of the European Communities which are represented at the meeting shall individually exercise their voting rights». [54]

11. Membership fee. One of the important issues of the analyzed problems is the annual contribution of the EU to the WCO budget, as well as the method of its calculation.

For the first time at the regulatory level, the amount of the annual contribution of the EU was determined on 01.06.2007 in the draft Council Decision for the 57th session of the WCO Policy Commission[55] in the amount of
1 million euros. In the final wording of the mentioned draft decision, submitted to the 109/110 Council meeting, this rule is formed as follows:

«5. The European Communities shall contribute to the WCO an amount of 1,000,000 euros per year. This amount shall be adjusted in line with the evolution of the WCO Members’ overall contributions».[56]

12. Opinion of the Secretary General. It is believed that the opinion of the WCO Secretary General is actually identified with the position of the Secretariat of the Organization. In this regard, we have highlighted the following of his theses on EU membership in the WCO:

the fact that the СCC Convention of the Council does not allow customs unions to join the Organization is clearly a serious difficulty;^[57]

the EC membership request was essentially a political issue, to be dealt with nationally at the Ministerial level as it was not a Customs matter per se. The European Union was a reality; as an actor in the international community, in Geneva the EC was negotiating with Governments world-wide on trade issues. In order to reflect the reality of the geopolitical situation, it would seem logical to place the WCO´s relationship with the European Communities on a more official footing, particularly bearing in mind the fact that the EC had adopted many legislative measures based on WCO instruments;^[58]

irrespective of the outcome of the European Communities’ request, the Organization should reflect on what could be done to facilitate the involvement of regional groupings in the work of the WCO;^[59]

political and technical issues should not outweigh each other.

13. EU as an autonomous customs territory. At the third stage, an approach was announced on the possibility of granting the EU the status of a autonomous customs territory. However, none of those who participated in the discussion showed any interest in the possibility of the EU joining the WCO as an autonomous customs territory in accordance with the existing provision of the Council convention.^[60] It is noted that it is difficult to interpret this provision as allowing the EU to join, as they are not an «separate» customs territory as required by the provision.

FOURTH STAGE. The fourth and final stage – the acquisition by the European Union of WCO membership, or rather, rights and obligations akin to those enjoyed by members of the Organization, in our opinion, begins in June 2007, when the 109/110 sessions of the WCO Council (28- 30 June). The main theses that characterize this period are as follows:

1. Interim measures, which gave the EU rights and obligations akin to those of WCO members, were adopted at the 109/110 sessions of the WCO Council, which took place from 28 to 30 June 2007 at WCO Headquarters in Brussels.[61]
2. The option proposed at the Council meeting for EU membership in the WCO was a two-stage process.

First. The Council adopted a recommendation that amended two articles of the CCC Convention to allow customs or economic unions to join the WCO with the approval of the Council.

Second. The Council adopted a decision that granted the EU, as an interim measure, rights akin to those enjoyed by WCO Members. It should be noted in particular that, according to the decision of the Council, the European Communities were granted neither membership nor the status of a member of the WCO, but rights and obligations akin to those enjoyed by WCO Members.

 

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3. The Russian side fully supported the recommendation allowing the accession of customs or economic unions to the CCC Convention, as well as the temporary solution proposed in favor of the EU, which immediately gave the EU rights and obligations equivalent to those applicable to WCO members, including the corresponding financial obligations.
4. When discussing the issue of the status of the EU in the WCO, the delegates operated with such concepts as the status akin to that of a Member, rights and obligations similar to those of WCO Members, interim membership for the EU, rights and obligations equivalent to those applicable to WCO Members, rights and obligations similar to those of WCO Members.

At the same time, in the final decision of the Council № 318, in relation to the legal status of the EU, the wording «rights akin to those enjoyed by WCO Members» is used.

5. As part of the discussions, clarification was received from the WCO according to which the interim solution proposed in the draft Council Decision does not actually grant EU membership in the WCO, but only grants them certain rights and obligations akin to those that WCO members have.
6. The thesis that Decision of the Council № 318, 5 July 2007 (109/110 Sessions, June 2007 – «Status of the European Communities vis-à-vis the World Customs Organization») represents «de juris recognition of a membership» that already existed de facto due to the participation of the EU Member States in the WCO activities of the, is highly controversial.
7. The positive aspects of WCO Council Decision № 318 are as follows:

decision (interim measure) of the WCO № 318 on granting the EU rights akin to those enjoyed by WCO members, as well as a provision according to which, in the working bodies of the WCO, the EU has the same rights and responsibilities as the WCO members^[62] is of great political importance for the EU and was considered at a difficult time for the development of customs;

setting a precedent for other economic and customs unions;

in its composition, the WCO receives one of the largest economic integration associations in the world;

consolidation of efforts on the WCO platform to solve problems related to world trade and improve customs regulation.

8. The main risks (concerns) that were voiced by representatives of individual WCO member states are as follows:

in granting interim EU membership, the Council is not acting in accordance with the provisions of the CCC Convention;

the legal status of acts (actions) that are performed by a new WCO member in accordance with the temporary status is not clear;

the decision of the Council to grant certain rights and obligations to the EU should not create legal problems;

         WCO legal texts on the admission of customs and economic unions to the Organization should contain clear, objective criteria that will apply to any other customs or economic unions seeking to join the WCO in the future;

amendments to the CCC Convention may require amendments to the respective national laws of member countries through the country’s legislature.

9. The EU precedent presupposes the existence of a common position of the member states of the respective customs, economic union on granting the integration association a certain status in the WCO.
10. Voting procedure. According to Rule 21 of the Rules of Procedure of the Council, decisions are made by a majority of at least two-thirds of the members present at the meeting and having the right to vote, except for decisions concerning the Rules of Procedure, where a majority of at least two-thirds of all members is required (Article VI of the CCC Convention).[63]

At the same time, the decision to grant the EU rights and obligations in the WCO was taken by the Council by acclamation. In the theory of law, acclamation is understood as the method of decision-making used in international organizations and at conferences without voting, based on the approval of the decision by applause, remarks, etc.

Conclusions.

We have completed a study of all stages and activities that have been implemented by the EU to obtain a status akin to membership in the WCO. The first 2 stages refer to the period 2001 – 2002. Their main analysis is presented in a separate research material.[64]  

The next 2 stages in the period 2006 – 2007 became the final for the EU on the way to obtaining the desired status in the WCO, when the legal status of an observer was transformed into the status of a non-member of the WCO, but similar to membership. The EU has been given rights and obligations akin to those enjoyed by WCO members.

In this article we presented a general analysis of the problems of EU membership in the WCO, considered the repeated request of the EU to the WCO and the reasons for sending it, analyzed the package of proposals and interim measures for the EU in the WCO, paid attention to the declaration of EU competence, systematized the stages (activities) of 2006-2007, as well as voiced topical issues of membership, voting and payment of EU membership fees in the WCO. Along with this, risks are highlighted.

 

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The listed elements make it possible to analyze the legal and organizational dynamics on the path of the so-called EU membership in the international customs organization, and also enable the experts of the working group on interaction with the WCO[65] to have a comprehensive understanding of the prospects for the implementation of the Strategic Directions in terms of joint actions with member states aimed at obtaining by the EEU the status of a member in the WCO (based on the experience of the EU).[66]     

The results of the study are proposed to be used within the framework of the expert activities of the mentioned working group.

 

SOURCES USED

 

1. Goshin V.A., Mozer S.V. Prospects for the entry of the Eurasian Economic Union into the World Customs Organization / / 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) V. 2 h. Part 1 – Rostov n/a: Russian Customs Academy, Rostov branch, 2015. Electronic resource «Russian Customs Academy: SCIENCE»: http://www.customs-academy.net/?p=8539
2. 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. URL: https://www.elibrary.ru/item.asp?id=24913948
3. Mozer S.V. Analysis of the stages and organizational and legal features of obtaining membership of the European Union in the World Customs Organization // Problems in Russian legislation. – № 6. – 2022 URL: https://customs-academy.net/?p=17773
4. 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: https://customs-academy.net/?p=14924
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
6. 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/
7. Conventions sponsored or administered by the Customs Co-operation Council. – Synopsis of position as of 30 June 2022. General Secretariat. SG0223Eb. Brussels, 14 July 2022.      

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8. Convention on the Establishment of the Council of Customs Cooperation of 1950. Electronic fund of legal and regulatory documents «Consortium Code». URL: https://docs.cntd.ru/document/1900878
9. Report of the Policy Commission. 55th Session. SP0217E1b. Brussels, 28 June 2006.
10. Membership Request by the European Communities. Policy Commission. 56th Session. Chennai. SP0231E1a. Brussels, 2 November 2006.
11. Comparative Analysis of the Powers of Various Customs Unions and the European Communities. Annex to Doc. SP0231E1a.  Membership Request by the European Communities. Policy Commission. 56th Session. Chennai. SP0231E1a. Brussels, 2 November 2006.
12. Membership request by the European Communities. Report of the Policy Commission. Policy Commission. 56th Session. SP0232E1a. Brussels, 26 January 2007.
13. Membership request by the European Communities. Policy Commission. 57th Session. SP0247E1a.  Brussels, 1 June 2007.
14. 14. Membership request by the European Communities. Report of the Policy Commission. Policy Commission. 57th Session. SP0250E1b. Brussels, 27 June 2007.
15. Membership request by the European Communities. Minutes of the 109th/110th sessions of the Customs Co-operation Council. Brussels, 28 – 30 June 2007. SC0082E1a. Brussels, 14 August 2007.
16. Draft decision of the Council № 109th/110th sessions – June 2007. Status of the European Communities vis-à-vis the World Customs Organization. Report of the Policy Commission. Policy Commission. 57th Session. SP0250E1b. Brussels, 27 June 2007.
17. EC 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) (2003/231/EC), published in OJ L86, 3.4.2003. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32003D0231
18. KARTASLOV.RU. URL: https://kartaslov.ru/значение-слова/аккламация

 

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[1]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).

[2]See, for example, Goshin V.A., Mozer S.V. Prospects for the entry of the Eurasian Economic Union into the World Customs Organization // 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) V. 2 h. Part 1 – Rostov n/a: Russian Customs Academy, Rostov branch, 2015. – p.20-29. «RTA:  Science»: http://www.customs-academy.net/?p=8539 ; 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 . en / item . asp ? id =24913948   

[3]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 / ru – ru /01428320/ scd _12012021_12  

[4]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 . en / tamdoc / 22r00055 /   

[5]Convention Establishing Customs Cooperation Council, 1950. Electronic fund of legal and regulatory documents «Consortium Code». URL: https://docs.cntd.ru/document/1900878

[6]Paragraph (d) of Article II of the 1950 Customs Cooperation Council Convention URL: http://www.wcoomd.org/en/about-us/legal-instruments/~/media/85C43EA98BB443FABAE073FD17B0965B.ashx

[7]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: https://customs-academy.net/?p=14924

[8]Mozer S.V. On 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 : https://customs-academy.net/?p=14597

[9]Conventions sponsored or administered by the Customs Co-operation Council. – Synopsis of position as of 30 June 2022. General Secretariat. SG 0223 Eb . Brussels, 14 July 2022. – P.6.

[10] Mozer Sergei.  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

[11]Mozer Sergei. Analysis of stages and organizational and legal features of obtaining membership by the European Union in the World Customs Organization // Problems in Russian Legislation. – № 6. – 2022. (Article). URL: https://customs-academy.net/?p=17773

[12] See point 2. Report of the Policy Commission. 55th session. SP0217E1b. Brussels, 28 June 2006. – P.1.

[13] Point 234.Ibid. – P.37.

[14]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: https://customs-academy.net/?p=14924

[15] Point 210. Membership request by the European Communities. Report of the Policy Commission. Policy Commission. 57th session. SP0250E1b. Brussels, 27 June 2007. – P.35.

[16] Point 328. Membership request by the European Communities.  Policy Commission. Policy Commission. 56th session. SP0232E1a. Brussels, January 26, 2007. – P. 56.

[17] 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      

[18] Point 312. Membership request by the European Communities.  Policy Commission. Policy Commission. 56th session. SP0232E1a. Brussels, 26 January 2007. – P. 54.

[19] See  Point 2. Report of the Policy Commission. 55th session. SP0217E1b. Brussels, 28 June 2006. – P.1.

[20] Point 234. Ibid . – P.37 .

[21]For example, from the point of view of the security of the international supply chain of goods or the fight against counterfeit products and piracy.

[22] Point 240. Report of the Policy Commission. 55th session. SP0217E1b. Brussels, 28 June 2006. – P.38.

[23]It was actually voiced by the EU in June 2006: the first reason is that it is necessary to provide a more accurate reflection of the reality of the European Union, since the Customs Union not only fell under the competence of the Community, but was in fact the first achievement of the latter.

[24]See 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     

[25] It was actually voiced by the EU in June 2006: the second reason was that all the work done by the EU over the past four years (especially with the proposal to revise the Customs Code) allowed the EU to naturally say that it has made a constructive contribution to the WCO activities, for example, in terms of the security of the international supply chain of goods or the fight against counterfeiting and piracy.

[26] Point 8. Membership Request by the European Communities. Policy Commission. 56th session. Chennai. SP0231E1a. Brussels , November 2 , 2006. – P.2.

[27]It was actually voiced by the EU in June 2006: as a third reason, the Director General added that the EU is already a contracting party to some WCO conventions and a member of several key WCO bodies. He pointed out that the existing cooperation could only be expanded through EU accession to the WCO.

[28] Point 8. Membership Request by the European Communities. Policy Commission. 56th session. Chennai. SP0231E1a. Brussels , November 2 , 2006. – P.2.

[29]It was actually voiced by the EU in June 2006: the latter reason has to do with the slight institutional impact that EU accession will have on the WCO, since in terms of voting the EU will simply replace its members and will not have more «weight» in the decision-making mechanism of the WCO.

[30] Presented at the 56th meeting of the Policy Commission.

[31] Point 317. Membership request by the European Communities.  Policy Commission. Policy Commission. 56th session. SP0232E1a. Brussels, 26 January 2007. – P. 54.

[32] Ibid.

[33] Membership Request by the European Communities. Policy Commission. 56th session. Chennai. Brussels, November 2, 2006.

[34]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: https://customs-academy.net/?p=14924

[35] See  Comparative Analysis of the Powers of Various Customs Unions and the European Communities. Annex to Doc. SP0231E1a. Membership Request by the European Communities. Policy Commission. 56th session. Chennai. SP0231E1a. Brussels , November 2 , 2006.

[36]Annex V to Doc. SP0250E1b. Draft decision of the Council No. .109th/110th sessions – June 2007. Status of the European Communities vis-à-vis the World Customs Organization. Report of the Policy Commission. Policy Commission. 57th session. SP0250E1b. Brussels, 27 June 2007. – P. VI/3.

[37]In response, the secretary general remarked that the interim solution proposed in the draft Decision now before the Council would not actually grant the EC membership of the WCO, but would merely give it certain rights and obligations similar to those of WCO Members.

[38]Point 165. Membership request by the European Communities. Minutes of the 109th/110th sessions of the Customs Co-operation Council. Brussels , 28 – 30 June 2007. SC0082E1a. Brussels , 14 August 2007. – P.31.

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

[40]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: https://customs-academy.net/?p=14924  

[41]See Revised Kyoto Convention, Article 8, paragraph 5(a), and Istanbul Convention, Article 24, paragraph 7.

[42]EC 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) (2003/231/EC), published in OJ L86, 3.4. 2003. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32003D0231; https://www.wcoomd.org/-/media/wco/public/global/pdf/about-us/legal-instruments/conventions-and-agreements/contracting-parties-and-instruments/european-union/ec-200303-instrument-of-accession.pdf?la=en

[43] Point 45. Membership Request by the European Communities. Policy Commission. 56th session. Chennai. SP0231E1a. Brussels, 2 November 2006. – P.9.

[44] Membership request by the European Communities. Policy Commission. Policy Commission. 56th session. SP0232E1a. Brussels, 26 January 2007.

[45]Point 319. Membership request by the European Communities. Policy Commission. Policy Commission. 56th session. SP0232E1a. Brussels , January 26 , 2007. – P. 55.

[46]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: https://customs-academy.net/?p=14924

[47]Ibid.

[48]Ibid.

[49] Membership request by the European Communities. Policy Commission. Policy Commission. 56th session. SP0232E1a. Brussels, 26 January 2007.

[50] Point 8. Membership Request by the European Communities. Policy Commission. 56th session. Chennai. SP0231E1a. Brussels , November 2 , 2006. – P.2.

[51]It was actually voiced by the EU in June 2006: The last reason has to do with the slight institutional impact that EU accession will have on the WCO, since in terms of voting, the EU will simply replace its members and will not have more «weight» in the decision-making mechanism of the WCO.

[52]Such as the Revised Kyoto Convention Management Committee and the Istanbul Convention Administrative Committee, where the EU is already a member. The only notable exception is the Harmonized System Committee, in which, in accordance with the provisions of the HS Convention, the European Communities and its 25 member states together have one vote. In practice, this vote is taken by the Community Delegate.

[53] Including, but not limited to: the Council, the Permanent Technical Committee, the Enforcement Committee, the Information Management Sub-Committee and the Integrity Sub-Committee.

[54]Annex V to Doc. SP0250E1b. Draft decision of the Council No. 109th/110th sessions – June 2007. Status of the European Communities vis-à-vis the World Customs Organization. Report of the Policy Commission. Policy Commission. 57th session. SP0250E1b. Brussels, 27 June 2007. – P. VI/3.

[55]Annex IV to Doc. SP0247E1a. Membership request by the European Communities. Policy Commission. 57th session. SP0247E1a. Brussels, 1 June 2007. – IV/3.

[56]Annex V to Doc. SP0250E1b. Draft decision of the Council No. ..109th/110th sessions – June 2007. Status of the European Communities vis-à-vis the World Customs Organization. Report of the Policy Commission. Policy Commission. 57th session. SP0250E1b. Brussels, 27 June 2007. – P. VI/3.

[57] Membership request by the European Communities. Policy Commission. Policy Commission. 56th session. SP0232E1a. Brussels, 26 January 2007.

[58] Point 312. Membership request by the European Communities.  Policy Commission. Policy Commission. 56th session. SP0232E1a. Brussels, 26 January 2007. – P. 54.

[59] Point 313.Ibid.

[60] Membership request by the European Communities.  Policy Commission. Policy Commission. 56th session. SP 0232 E1a. Brussels , January 26, 2007.

[61]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: https://customs-academy.net/?p=14924

[62] Paragraphs 1-7 of Council Decision № 318.

[63] 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 Russian Customs Academy, 2017.

[64]See Mozer S.V. Analysis of the stages and organizational and legal features of obtaining membership of the European Union in the World Customs Organization // Problems in Russian legislation. – № 6. – 2022 URL: https://customs-academy.net/?p=17773

[65] It was created by the 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/     

[66]See 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: https://customs-academy.net/?p=14924