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Brussels, 5.2.2010

COM(2010)18 final

2010/0015 (NLE)

Proposal for a

COUNCIL DECISION

XX

authorising Member States to accede to the Convention relating to international exhibitions signed at Paris on 22 November 1928 and supplemented by the Protocols of 10 May 1948, 16 November 1966, 30 November 1972 and the Amendment of 24 June 1982 and the Amendment of 31 May 1988

EN

.

EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

- Grounds for and objectives of the proposal

The Republic of Latvia has expressed its wish to accede to the Convention relating to international exhibitions signed at Paris on 22 November, 1928 and supplemented by the Protocols of 10 May, 1948, 16 November, 1966, 30 November, 1972 and the Amendment of 24 June, 1982 and the Amendment of 31 May, 1988 (hereinafter "Paris Convention").

As the Paris Convention regulates aspects falling within the European Union customs legislation, a Member State wishing to accede to that Convention therefore requires a Union authorisation.

- General context

The function of the Paris Convention is to regulate the frequency, quality and procedures of international exhibitions falling within its remit.

Article 16 and the Annex on "Customs Regulations for the importation of articles by the participants in international exhibitions" of the Paris Convention require countries organising exhibitions to allow for temporary admission of objects by the participants in international exhibitions. Granting temporary admission is regulated in Articles 137 to 144 of the Community Customs Code, Council Regulation (EEC) 2913/92, implemented with regard to exhibitions by Article 576 of the Implementing rules to the Community Customs Code, Commission Regulation (EEC) 2454/93.

The regime of temporary admission as set out in the European Union customs legislation is fully compatible with the Paris Convention.

The European Union customs legislation is part of the Commercial Policy set out in Article 207 of the Treaty on the Functioning of the European Union. Article 207 renders national measures, including the conclusion of international agreements, permissible only if they are specifically authorized by the Union.

The European Union itself cannot accede to the Paris Convention, as only sovereign States can be parties thereto.

Insofar as the Paris Convention regulates aspects falling within the European Union customs legislation, a Member State wishing to accede to that Convention therefore requires a Union authorisation.

So far 24 Member States have acceded to the Paris Convention.

2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT

It is not relevant to consult interested parties or to make an impact assessment.

3. Legal elements of the proposal

The legal basis is Articles 2(1), 207(4) first subparagraph in conjunction with Article 218(6) (a) of the Treaty on the Functioning of the European Union.

4. Budgetary implication

There is no budgetary implication.

2010/0015 (NLE)

Proposal for a

COUNCIL DECISION

of […]

authorising Member States to accede to the Convention relating to international exhibitions signed at Paris on 22 November 1928 and supplemented by the Protocols of 10 May 1948, 16 November 1966, 30 November 1972 and the Amendment of 24 June 1982 and the Amendment of 31 May 1988

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 2(1), 207(4) first subparagraph in conjunction with Article 218(6)(a) thereof,

Having regard to the proposal from the Commission[1],

Having regard to the consent of the European Parliament[2],

Whereas:

1. The Convention relating to international exhibitions signed at Paris on 22 November 1928 and supplemented by the Protocols of 10 May 1948, 16 November 1966, 30 November 1972 and the Amendment of 24 June 1982 and the Amendment of 31 May 1988 (hereinafter "Paris Convention") established the International Exhibitions Bureau. Its function is to regulate the frequency, quality and procedures of international exhibitions falling within its remit.

2. Article 16 and the Annex on "Customs Regulations for the importation of articles by the participants in international exhibitions" of the Paris Convention require countries organising exhibitions to allow for temporary admission of objects by the participants in international exhibitions.

3. The provisions of the Paris Convention for temporary admission of objects by the participants in international exhibitions fall within the Union’s exclusive competence as regards the common commercial policy. In fact, granting temporary admission is regulated in Articles 137 to 144 of Council Regulation (EEC) No 2913/92of 12 October 1992 establishing the Community Customs Code[3], implemented with regard to exhibitions by Article 576 of Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code[4].

4. Temporary admission as set out in the Community Customs Code is compatible with Article 16 and the Annex on "Customs Regulations for the importation of articles by the participants in international exhibitions" of the Paris Convention.

5. The Paris Convention entered into force on 17 January 1931. Not all Member States are parties to the Paris Convention. The European Union itself cannot accede to the Paris Convention, as only sovereign states can be parties thereto.

6. The Member States, which have not yet acceded to the Paris Convention, but wish to do so, should be authorised to do so under the conditions laid down in this Decision.

HAS ADOPTED THIS DECISION:

Article 1

Member States are hereby authorised to accede, for the parts falling under European Union competence, to the Paris Convention.

Article2

This Decision is addressed to the Member States.

Done at Brussels,

For the Council

The President

[1] OJ C , , p. .

[2] OJ C , , p. .

[3] OJ L 302, 19.10.1992, p. 1.

[4] OJ L 253, 11.10.1993, p.1.