Considerations on COM(2007)252 - Accession of the EC to the World Customs Organisation and the exercise of rights and obligations akin to membership ad interim - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)252 - Accession of the EC to the World Customs Organisation and the exercise of rights and obligations akin to membership ad ... |
|---|---|
| document | COM(2007)252  |
| date | May 14, 2007 |
3. the Convention establishing a Customs Co-operation 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,
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 Co-operation 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 Co-operation Council in matters of Community competence,
6. the EU Members States shall 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 Co-operation Council, 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,
8. 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,
9. in view of the above the Council should adopt the necessary decision to enable European Community membership to the World Customs Organisation and to provide for the exercise of rights and obligations akin to membership ad interim.
HAS DECIDED AS FOLLOWS:
Article 1
1. 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.
2. 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 fulfilment of the procedural requirements of the EC Treaty.
Article 2
1. EU Member States shall vote in favour of the Council of the World Customs Organisation decisions 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 Commission shall submit a letter to the World Customs Organisation according to which 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 Co-operation Council.
3. The letter shall contain a declaration of competence as specified in Annex 1.
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.
Done at Brussels, […]
For the Council
The President
[…]
ANNEX Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council
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.
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. The European Communities therefore reserve the right to adjust the declaration.
Policy area | EC legislation |
Customs union, Common commercial policy, Customs cooperation | Articles 23 to 27 of the Treaty establishing the European Community, Articles 131 to 134 of the Treaty establishing the European Community, Article 135 of the Treaty establishing the European Community |
Facilitation of customs procedures | Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code 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 harmonisation of customs procedures (Kyoto Convention) (2003/231/EC) Directive 2002/6/EC of the European Parliament and of the Council on reporting formalities for ships arriving and/or departing from ports of the Member States of the Community |
Customs valuation | Council Regulation (EEC) No 2913/92 of 12 October 1992 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 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) |
Origin | Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code 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 |
Harmonised System, tariff classification | 87/369/EEC: Council Decision 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 1719/2005 of 27 October 2005 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff |
Tariff and quota matters | 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) 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 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 |
Compliance and enforcement: drug precursors, fight against counterfeiting, cash control | Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code 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 |
Supply chain security | 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 |
Transit, temporary admission | Council Regulation (EEC) No 2913/92 of 12 October 1992 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 Council Decision (EEC) No 93/329 of 15 March 1993 concerning the conclusion of the Convention on Temporary Admission and accepting its annexes Council Regulation (EEC) No 719/91 of 21 March 1991 on the use in the Community of TIR carnets and ATA carnets as transit documents |
Capacity building, technical assistance, training | Treaty establishing the European Community Part Three: Community policies, Title XX: Development Cooperation Title XXI: Economic, Financial and Technical Cooperation with Third Countries |
LEGISLATIVE FINANCIAL STATEMENT
1. NAME OF THE PROPOSAL: COUNCIL DECISION on the accession of the European Communities to the World Customs Organisation and the exercise of rights and obligations akin to membership ad interim
2. ABM / ABB FRAMEWORK
Policy Area(s) concerned and associated Activity/Activities:
1403 International aspects of taxation and customs
3. BUDGET LINES
3.1. Budget lines (operational lines and related technical and administrative assistance lines (ex- B..A lines)) including headings:
- 140303 Membership of international organisations in the field of customs and tax
The creation of this budget line to be submitted to the Budget Authority in 2007.
3.2. Duration of the action and of the financial impact:
- The period of validity of the legal base runs from adoption estimated July 2007 on.
- The payments will continue after 31/12/2013
3.3. Budgetary characteristics:
Budget line | Type of expenditure | New | EFTA contribution | Contributions from applicant countries | Heading in financial perspective |
140303 | Non-comp | Diff i | YES | NO | NO | No 4 |
4. SUMMARY OF RESOURCES
4.1. Financial Resources
4.1.1. Summary of commitment appropriations (CA) and payment appropriations (PA)
EUR million (to 3 decimal places)
Expenditure type | Section no. | Year 2007 | 2008 | 2009 | 2010 | 2011 | 2012 and later | Total |
Operational expenditure i |
Commitment Appropriations (CA) | 8.1. | a | 0.5 | 1 | 1 | 1 | 1 | 2 | 6.5 |
Payment Appropriations (PA) | b | 0.5 | 1 | 1 | 1 | 1 | 2 | 6.5 |
Administrative expenditure within reference amount i |
Technical & administrative assistance (NDA) | 8.2.4. | c | - | - | - | - | - | - | - |
TOTAL REFERENCE AMOUNT |
Commitment Appropriations | a+c | 0.5 | 1 | 1 | 1 | 1 | 2 | 6.5 |
Payment Appropriations | b+c | 0.5 | 1 | 1 | 1 | 1 | 2 | 6.5 |
Administrative expenditure not included in reference amount i |
Human resources and associated expenditure (NDA) | 8.2.5. | d | - | 0.216 | 0.216 | 0.216 | 0.216 | 0.432 | 1.296 |
Administrative costs, other than human resources and associated costs, not included in reference amount (NDA) | 8.2.6. | e | - | 0.014 | 0.014 | 0.014 | 0.014 | 0.028 | 0.084 |
Total indicative financial cost of intervention |
TOTAL CA including cost of Human Resources | a+c+d+e | 0.5 | 1.23 | 1.23 | 1.23 | 1.23 | 2.46 | 7.88 |
TOTAL PA including cost of Human Resources | b+c+d+e | 0.5 | 1.23 | 1.23 | 1.23 | 1.23 | 2.46 | 7.88 |
The amount mentioned in this financial statement refer only to the period covered by the Financial Framework 2007-2013
Co-financing details
If the proposal involves co-financing by Member States, or other bodies (please specify which), an estimate of the level of this co-financing should be indicated in the table below (additional lines may be added if different bodies are foreseen for the provision of the co-financing):
EUR million (to 3 decimal places)
Co-financing body | Year n | n + 1 | n + 2 | n + 3 | n + 4 | n + 5 and later | Total |
…………………… | f |
TOTAL CA including co-financing | a+c+d+e+f |
4.1.2. Compatibility with Financial Programming
x Proposal is compatible with existing financial programming.
( Proposal will entail reprogramming of the relevant heading in the financial perspective.
( Proposal may require application of the provisions of the Interinstitutional Agreement i (i.e. flexibility instrument or revision of the financial perspective).
( A provision has been foreseen in the APS 2008 decision for the accession of the European Communities to the World Customs Organisation.
4.1.3. Financial impact on Revenue
x Proposal has no financial implications on revenue
( Proposal has financial impact – the effect on revenue is as follows:
4.2. Human Resources FTE (including officials, temporary and external staff) – see detail under point 8.2.1.
Annual requirements | Year 2007 | 2008 | 2009 | 2010 | 2011 | 2012 and later |
Total number of human resources | 0 | 2 | 2 | 2 | 2 | 2 |
5. CHARACTERISTICS AND OBJECTIVES
5.1. Need to be met in the short or long term
With the membership to the World Customs Organisation, EC will assume a role which is commensurate with its responsibilities in Customs policy areas.
5.2. Value-added of Community involvement and coherence of the proposal with other financial instruments and possible synergy
Currently the EC participates in those WCO bodies which are created by other international conventions or agreements to which it is already a party (e.g. Valuation Agreement, Harmonised System, Revised Kyoto Convention, etc.).
As member to the WCO, the EC would be entitled to participate fully in all WCO bodies which are open to the general membership, notably Council of the WCO, Permanent Technical Committee, Enforcement Committee, etc., and to be elected to WCO bodies with elected membership, notably Policy Commission, Finance Committee, Audit Committee.
5.3. Objectives, expected results and related indicators of the proposal in the context of the ABM framework
5.4. Method of Implementation (indicative)
x Centralised Management
x directly by the Commission
( indirectly by delegation to:
( executive Agencies
( bodies set up by the Communities as referred to in art. 185 of the Financial Regulation
( national public-sector bodies/bodies with public-service mission
( Shared or decentralised management
( with Member states
( with Third countries
( Joint management with international organisations (please specify)
Relevant comments: None
6. MONITORING AND EVALUATION
6.1. Monitoring system
Reporting in the Annual Activity Report (AAR) of Taxation and Customs Union Directorate General
6.2. Evaluation
6.2.1. Ex-ante evaluation
Council decision of 19 March 2001 to start negotiations to obtain membership to WCO
6.2.2. Measures taken following an intermediate/ex-post evaluation (lessons learned from similar experiences in the past)
Lessons learned from Community membership to FAO and other international organisations.
6.2.3. Terms and frequency of future evaluation
Non applicable
7. Anti-fraud measures
Participation to WCO Finance and Audit Committees
8. DETAILS OF RESOURCES
8.1. Objectives of the proposal in terms of their financial cost
Commitment appropriations in EUR million (to 3 decimal places)
Year 2007 | Year 2008 | Year 2009 | Year 2010 | Year 2011 | Year 2012 |
Officials or temporary staff i (XX 01 01) | A*/AD | - | 2 | 2 | 2 | 2 | 2 |
B*, C*/AST | - | - | -. | - | - | - |
Staff financed i by art. XX 01 02 | - | - | -. | - | - | - |
Other staff i financed by art. XX 01 04/05 | - | - | -. | - | - | - |
TOTAL | - | 2 | 2 | 2 | 2 | 2 |
8.2.2. Description of tasks deriving from the action
Preparation, coordination and representation of Community position in the WCO
8.2.3. Sources of human resources (statutory)
( Posts currently allocated to the management of the programme to be replaced or extended
x Posts pre-allocated within the APS/PDB exercise for year 2008 : 1 AD post
( Posts to be requested in the next APS/PDB procedure
X Posts to be redeployed using existing resources within the managing service (internal redeployment) : 1 AD post
( Posts required for year n although not foreseen in the APS/PDB exercise of the year in question
8.2.4. Other Administrative expenditure included in reference amount (XX 01 04/05 – Expenditure on administrative management)
EUR million (to 3 decimal places)
Budget line (number and heading) | Year 2007 | Year 2008 | Year 2009 | Year 2010 | Year 2011 | Year 2012 and later | TOTAL |
Other technical and administrative assistance | - | - | - | - | - | - | - |
- intra muros | - | - | - | - | - | - | - |
- extra muros | - | - | - | - | - | - | - |
Total Technical and administrative assistance | - | - | - | - | - | - | - |
8.2.5. Financial cost of human resources and associated costs not included in the reference amount
EUR million (to 3 decimal places)
Type of human resources | Year 2007 | Year 2008 | Year 2009 | Year 2010 | Year 2011 | Year 2012 and later |
Officials and temporary staff (XX 01 01) | - | 0.216 | 0.216 | 0.216 | 0.216 | 0.216 |
Staff financed by Art XX 01 02 (auxiliary, END, contract staff, etc.) (specify budget line) | p.m. | p.m. | p.m. | p.m. | p.m. | p.m. |
Total cost of Human Resources and associated costs (NOT in reference amount) | - | 0.216 | 0.216 | 0.216 | 0.216 | 0.216 |
Calculation– Officials and Temporary agents
108,000 EUR per year per official /temporary staff
Calculation– Staff financed under art. XX 01 02
Non applicable
8.2.6. Other administrative expenditure not included in reference amount EUR million (to 3 decimal places) |
Year 2007 | Year 2008 | Year 2009 | Year 2010 | Year 2011 | Year 2012 and later | TOTAL |
XX 01 02 11 01 – Missions | - | 0.002 | 0.002 | 0.002 | 0.002 | 0.004 | 0.012 |
XX 01 02 11 02 – Meetings & Conferences | 0.012 | 0.012 | 0.012 | 0.012 | 0.024 | 0.072 |
XX 01 02 11 03 – Committees i | - | - | - | - | - | - | - |
XX 01 02 11 04 – Studies & consultations | - | - | - | - | - | - | - |
XX 01 02 11 05 - Information systems | - | - | - | - | - | - | - |
2 Total Other Management Expenditure (XX 01 02 11) | - | 0.014 | 0.014 | 0.014 | 0.014 | 0.028 | 0.084 |
3 Other expenditure of an administrative nature (specify including reference to budget line) | - | - | - | - | - | - | - |
Total Administrative expenditure, other than human resources and associated costs (NOT included in reference amount) | - | 0.014 | 0.014 | 0.014 | 0.014 | 0.028 | 0.084 |
Calculation - Other administrative expenditure not included in reference amount
1,000 EUR per mission
The membership will entail two meetings of the Expert group International Affairs for coordination of EC position.Meetings : travel expenses for 27 experts.
“World Customs Organization”, to more clearly reflect its scope. Presently the WCO has 171 members.
"(…) 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.".
§108.
§1, third sentence, of the Marrakesh Agreement establishing the World Trade Organisation reads: "Where the European Communities exercise their right to vote they shall have a number of votes equal to the number of their EU Member States which are members of the World Trade Organisation.
“World Customs Organization”, to more clearly reflect its scope. Presently the World Customs Organisation has 171 members.