2007/668/EC: 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 Organisation
Date: 2007-06-25
Institutions: Council of the European Union
Subjects: World Customs Organisation, accession to an agreement, customs cooperation

18.10.2007

EN

Official Journal of the European Union

L 274/11

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COUNCIL

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 Organisation

(2007/668/EC)

THE COUNCIL OF THE EUROPEAN UNION,

establishing the European
Having regard to the Treaty
Community,
in
conjunction with the second subparagraph of Article 300(2)
thereof,

and in particular Article 133 thereof,

Whereas:

(1)

(2)

(3)

The Council decided on 19 March 2001 to authorise the
Commission to negotiate on behalf of
the European
Community, the accession of the European Community
to the World Customs Organisation (1).

The Convention establishing a Customs Cooperation
is expected to be amended by the Council of
Council
the World Customs Organisation at
its 109th/110th
session in June 2007 to allow customs or economic
unions,
including the European Community to acquire
membership of the World Customs Organisation.

The Member States of the European Community should
support that draft amendment which, after its adoption
the World Customs Organisation,
by the Council of
would
accession to the
amended Convention.

allow the Community’s

(4)

Following exploratory talks with the World Customs
Organisation, the European Community and the World

(1) The World Customs Organisation was established by Convention
(signed on 15
establishing a Customs Cooperation Council
December 1950). The Convention came into force in 1952.
In
1994 the Customs Cooperation Council adopted the working
name ‘World Customs Organisation’,
its
scope. Presently the World Customs Organisation has 171 members.

to more clearly reflect

(5)

(6)

(7)

(8)

(9)

Customs Organisation examined the possibility for the
European Community to exercise the rights and obli-
the World
gations akin to those of Members of
Customs Organisation pending the ratification of
the
amended Convention establishing a Customs Coop-
eration Council by all Members of the World Customs
Organisation.

The European Community is expected to be in a position
to assume these rights and obligations in the framework
of the Convention establishing a Customs Cooperation
Council in matters of Community competence.

The Members States of
the European Community
maintain their status in the World Customs Organisation.

Both the European Community and its Member States
have competence in the areas covered by the Convention
establishing a Customs Cooperation Council.

falling

For matters
falling
competence, Member

European Community
under
For matters
competence a European Community position must be
within
established.
the
Community
European Community
a
should
common position to ensure the unity of external repre-
sentation of the European Community and its Member
States.

partly
States
to

of
adopt

strive

In view of the above the Council should provide for the
exercise of rights and obligations akin to membership
ad interim by the European Community in the World
Customs Organisation,
including the payment of an
annual contribution,

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Official Journal of the European Union

18.10.2007

HAS DECIDED AS FOLLOWS:

Sole Article

1.
The Member States of the European Community shall vote
in favour of the Council of the World Customs Organisation
decision according to which the European Community shall, as
an interim measure, be granted rights akin to those enjoyed by
World Customs Organisation Members,
to the
conditions contained therein.

subject

Community accepts the rights and obligations akin to those
of World Customs Organisation members and to submit to
the World Customs Organisation the required declaration of
competence as specified in the Annex.

4.
The European Community shall pay an annual contri-
bution to the World Customs Organisation to strengthen the
work of the World Customs Organisation and to cover addi-
tional administrative expenses as of 1 July 2007.

The European Community accepts the rights and obli-
2.
gations
akin to those of World Customs Organisation
members as laid down in the World Customs Organisation
the
the
Council decision pending
amendment of the Convention establishing a Customs Coop-
eration Council.

into force of

entry

3.
to the World Customs Organisation that

The European Commission is authorised to communicate
the European

Done at Luxembourg, 25 June 2007.

For the Council
The President

A. SCHAVAN

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L 274/13

ANNEX

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

In accordance with the Treaty establishing the European Community, as amended,
the
competence that the Member States of the European Community have transferred to the European Community in
matters governed by the Convention establishing a Customs Cooperation Council.

this declaration sets out

The European Community declares that it has, in accordance with Articles 131 to 134 of the Treaty establishing the
European Community, 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 Organisations. 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.

The exercise of competence which Member States of the European Community have transferred to the European
liable to continuous change. The European Community
Community pursuant
therefore reserves the right to adjust the declaration.

to the Treaties is, by its nature,

Annex

EC LEGISLATION

Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code

Council Decision 2003/231/EC of 17 March 2003 concerning the accession of the European Community to the Protocol
of Amendment to the International Convention on the simplification and harmonisation of customs procedures (Kyoto
Convention)

Directive 2002/6/EC of the European Parliament and of the Council of 18 February 2002 on reporting formalities for
ships arriving and/or departing from ports of the Member States of the Community

Council Decision 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting
from the 1973 to 1979 trade negotiations (OJ L 71, 17.3.1980, p. 1).

Several joint committee decisions with third countries, e.g. 2006/343/EC: Decision No 2/2005 of the EC-Iceland Joint
Committee of 22 December 2005 amending Protocol 3 to the Agreement, concerning the definition of the concept of
originating products and methods of administrative cooperation

Council Decision 87/369/EEC of 7 April 1987 concerning the conclusion of the International Convention on the
Harmonized Commodity Description and Coding System and of the Protocol of Amendment thereto

Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common
Customs Tariff

Commission Regulation (EC) No 1549/2006 of 17 October 2006 amending Annex I to Council Regulation (EEC) No
2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

Articles 26 and 133 of the Treaty establishing the European Community

Council Regulation (EC) No 2505/96 of 20 December 1996 opening and providing for the administration of Community
tariff quotas for certain agricultural and industrial products and amending Regulation (EC) No 3059/95 opening and
providing for the administration of Community tariff quotas for certain agricultural and industrial products (first series
1996)

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Official Journal of the European Union

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Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not
members of the European Community as amended

Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidized imports from countries not
members of the European Community as amended

Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports and repealing Regulation
(EC) No 518/94 as amended

Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the
Member States and cooperation between the latter and the Commission to ensure the correct application of the law on
customs and agricultural matters

Council Regulation (EEC) No 3677/90 of 13 December 1990 laying down measures to be taken to discourage the
diversion of certain substances to the illicit manufacture of narcotic drugs and psychotropic substances

Commission Regulation (EEC) No 3769/92 of 21 December 1992 implementing and amending Council Regulation (EEC)
No 3677/90 laying down measures to be taken to discourage the diversion of certain substances to the illicit manufacture
of narcotic drugs and psychotropic substances

Council Regulation (EC) No 111/2005 of 22 December 2004 laying down rules for the monitoring of trade between the
Community and third countries in drug precursors

Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing
certain intellectual property rights and the measures to be taken against goods found to have infringed such rights

Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash
entering or leaving the Community

Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council
Regulation (EEC) No 2913/92 establishing the Community Customs Code

Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council
Regulation (EEC) No 2913/92 establishing the Community Customs Code

Convention between the European Economic Community, the Republic of Austria, the Republic of Finland, the Republic
of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation, on a common transit
procedure of 20 May 1987

Council Decision 93/329/EEC of 15 March 1993 concerning the conclusion of the Convention on Temporary Admission
and accepting its Annexes