18.10.2007 EN Official Journal of the European Union L 274/11
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
,
Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the second subparagraph of Article 300(2) thereof,
Whereas:
(1) 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).
(2) The Convention establishing a Customs Cooperation Council is expected to be amended by the Council of 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.
(3) The Member States of the European Community should support that draft amendment which, after its adoption by the Council of the World Customs Organisation, would allow the Community’s accession to the amended Convention.
(4) Following exploratory talks with the World Customs Organisation, the European Community and the World Customs Organisation examined the possibility for the European Community to exercise the rights and obligations akin to those of Members of the World Customs Organisation pending the ratification of the amended Convention establishing a Customs Cooperation Council by all Members of the World Customs Organisation.
(5) 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.
(6) The Members States of the European Community maintain their status in the World Customs Organisation.
(7) Both the European Community and its Member States have competence in the areas covered by the Convention establishing a Customs Cooperation Council.
(8) For matters falling under European Community competence a European Community position must be established. For matters falling partly within Community competence, Member States of the European Community should strive to adopt a common position to ensure the unity of external representation of the European Community and its Member States.
(9) 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,
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, subject to the conditions contained therein.
2.   The European Community accepts the rights and obligations akin to those of World Customs Organisation members as laid down in the World Customs Organisation Council decision pending the entry into force of the amendment of the Convention establishing a Customs Cooperation Council.
3.   The European Commission is authorised to communicate to the World Customs Organisation that the European 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 contribution to the World Customs Organisation to strengthen the work of the World Customs Organisation and to cover additional administrative expenses as of 1 July 2007.