Analysis of the Legal Instruments of the European Union Regulating its Legal Status in the World Customs Organization
( Pp. 167-179)

More about authors
Mozer Sergei Vladimirovich Cand.Sci.(Law), Deputy Head of the Division of Advanced Customs Technologies of the Department of Customs Legislation and Law Enforcement Practice
Eurasian Economic Commission
Moscow, Russia
Abstract:
A task. To systematize and analyze the EU legal instruments and tools developed by authorized European institutions in connection with the consideration of an application for membership in the World Customs Organization. Conclusions. The research article is devoted to the issue of the EU legal status 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 the Union's membership status in the WCO. The subject of the study is the EU approaches to the legal status in the WCO; explanatory memorandum of the European Commission on WCO membership; Council decision on the accession of the European Communities to the World Customs Organization and the exercise of rights and obligations akin to membership ad interim; Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Co-operation Council. The analysis of the EU legal instruments in relation to the WCO membership can be used to develop legal tools for the Eurasian Economic Union (EEU) to obtain the status of the WCO member 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.
How to Cite:
Mozer S.V., (2022), ANALYSIS OF THE LEGAL INSTRUMENTS OF THE EUROPEAN UNION REGULATING ITS LEGAL STATUS IN THE WORLD CUSTOMS ORGANIZATION. Economic Problems and Legal Practice, 5 => 167-179.
Reference list:
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.
Kadyrkulov M.A., Mozer Sergei, Lipatova N.G. The World Customs Organization as a Modern Institute of Improvement of Customs Regulation and Trade Facilitation: a monograph. Lyubertsy: Publishing house of the Russian Customs Academy, 2017.
Moser 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.
Moser S.V. On the issue of organizing effective legal relations with the World Customs Organization: recommendations for customs and economic unions // Problems of Economics and Legal Practice. -№ 4. -2022
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. URL: https://docs.eaeunion.org/docs/ru-ru/01428320/scd_12012021_12.
International Convention on the Simplification and Harmonization of Customs Procedures of May 18, 1973 as amended by the Protocol on Amendments to the International Convention on the Simplification and Harmonization of Customs Procedures of June 26, 1999. Electronic fund of legal and normative-technical documents «Consortium Code». URL: https://docs.cntd.ru/document/1901082.
Marrakesh Agreement Establishing the World Trade Organization (Marrakesh, April 15, 1994). GARANT system: http://base.garant.ru/2541158/#ixzz4fYPzEAib.
Convention establishing a Customs Cooperation Council. Electronic fund of legal and normative-technical documents «Code». URL: https://docs.cntd.ru/document/1900878.
Treaty on the Eurasian Economic Union of May 29, 2014. Electronic fund of legal and regulatory documents «Code». URL: https://docs.cntd.ru/document/420205962.
Order of the Eurasian Economic Commission 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/.
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 Organization (2007/668/EC). Official Journal of the European Union. L 274/11. URL: https://eur-lex.europa.eu/legal-content/GA/TXT/ uri CELEX:32007D0668.
Proposal for a Council decision on the accession of the European Communities to the World Customs Organization and the exercise of rights and obligations akin to membership ad interim (presented by the Commission). Commission of the European Communities. COM (2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/ uri CELEX:52007PC0252 from EN.
Proposal for a Council decision on the accession of the European Communities to the World Customs Organization and the exercise of rights and obligations akin to membership ad interim (presented by the Commission). Commission of the European Communities. COM (2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007 // Interinstitutional File: 2007/0087 (ACC). 9692/07. UD 50. ENFOCUSTOM 51. COMER 72. Council of the European Union. Brussels, 16 May 2007. URL: https://www.psp.cz/doc/00/02/23/00022310.pdf.
Legislative acts and other instruments. Subject: Council Decision on the Exercise of Rights and Obligations akin to Membership ad Interim by the European Community in the World Customs Organization. Interinstitutional File: 2007/0087 (ACC). 10764/1/07. REV 1 (en). UD 59. UD 59 ENFOCUSTOM 67. COMER 94. Council of the European Union. Brussels, 20 June 2007. URL: https://www.eumonitor.nl/9353000/1/j4nvgs5kjg27kof j9vvik7m1c3gyxp/vi7jgt6abdy6/f /10764 1 07 rev 1.pdf.
Guidelines. WCO Membership: Ensuring Community Coordination. Doc 8594/08. UD 63. Council of the European Union. Brussels, 22 April 2008. URL: https://data.consilium.europa.eu/doc/document/ST 208594 202008 20INIT/EN/pdf.
Opinion 1/94 of the ECJ, ECR 1994, I-5267 108. URL: https://eur-lex.europa.eu/resource.html uri cellar:3568c114-591b-4373-bb72-53523ffd70ce.0002.03/DOC 1 format PDF.
Declaration of competence by the European Communities in matters covered by the Convention establishing a Customs Cooperation Council. Proposal for a Council decision on the accession of the European Communities to the World Customs Organization and the exercise of rights and obligations akin to membership ad interim (presented by the Commission). Commission of the European Communities. COM (2007) 252 final. 2007/0087 (ACC). Brussels, 14.5.2007. -P.9. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/ uri CELEX:52007PC0252 from EN.
Information. Annex II to 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). Official Journal L 086, 03/04/2003 P. 0021 -0045. -P. I.86/45. URL: https://op.europa.eu/en/publication-detail/-/publication/1554cf70-455d-4388-a9c0-d60c338f049d/language-en/format-PDF.
Membership request by the European Communities. Policy Commission. Annex II to Doc. SP0247E1a. 57th Session. SP0247E1a. Brussels, 1 June 2007.
Declaration of competence by the European Community in matters covered by the Convention establishing a Customs Cooperation Council. Annex to 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 Organization (2007/668/EC). URL: http://eur-lex.europa.eu/legal-content/EN/TXT/ uri CELEX:32007D0668.
Opinion of the Court of 15 November 1994. -Competence of the Community to conclude international agreements concerning services and the protection of intellectual property -Article 228 (6) of the EC Treaty. -Opinion 1/94. European Court Reports 1994 I-05267. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/ qid 1434894612069 uri CELEX:61994CV0001.
KARTASLOV.RU. URL: https://kartaslov.ru/znachenie-slova/akklamatsiya.
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.


Related Articles

1. Constitutional law; Constitutional judicial process; Municipal law Pages: 10-13 Issue №3884
COMMON LAW Tuvinians - BASIS FORMATION AND DEVELOPMENT OF STATE ELECTION LAW
customs standards of conduct tradition traditional forms of behavior, rituals customs
Show more
INTERNATIONAL LAW Pages: 230-243 DOI: 10.33693/2541-8025-2023-19-1-230-243 Issue №24449
Methodology for the Analysis of Legal Instruments and Tools of the World Customs Organization
The World Customs Organization the WCO the Eurasian Economic Union EEU the Eurasian Economic Commission
Show more
SPECIALTY 12.00.10 Pages: 191-197 Issue №14694
LEGAL BASIS FOR THE FORMATION OF A SINGLE DIGITAL SPACE IN THE TERRITORY OF REGIONAL ASSOCIATIONS (EU, BRICS, SCO, ETC.) IN ORDER TO IMPLEMENT THE BEST PRACTICES IN THE LAW OF THE EAEU
integration associations European Union BRICS SCO APEC
Show more
9. International law; European Law Pages: 186-199 Issue №15895
FORMATION OF LEGAL INSTITUTE OF ELECTRONIC CUSTOMS: RUSSIAN EXPERIENCE
The World Customs Organization the WCO the Eurasian Economic Union EEU the Eurasian Economic Commission
Show more
9. Financial law; Tax law; Budgetary law; Information Law; Administrative law; Administrative process Pages: 183-186 Issue №3007
Authorized economic operator. Special simplified AS THE EXCLUSIVE RIGHT TO customs operations
Таможее6нный Union authorized economic operator administrative and legal status special simplify advantages
Show more
8. TAX AND CUSTOMS PROBLEMS, FINANCIAL LAW, BUDGET LAW Pages: 151-155 Issue №4395
Methodical recommendations on improvement of customs control of imported goods introduced to Mongolia by means of the road vehicles
Customs control customs administration instruments simplifying trade procedures the "single window" integrated border management
Show more
8. International law; European Law Pages: 193-202 Issue №13807
Digital Customs in the context of the Capacity Building of the World Customs Organization
The World Customs Organization the WCO the Eurasian Economic Union EEU the Eurasian Economic Commission
Show more
5. INTERNATIONAL LAW (5.1.5.) Pages: 253-266 Issue №22457
Organizational and Legal Features of Obtaining by the European Union Rights and Obligations Akin to Those of the World Customs Organization Members
The World Customs Organization the WCO the Eurasian Economic Union EEU the Eurasian Economic Commission
Show more
13. International law; European Law Pages: 166-174 Issue №15378
ANALYSIS OF THE DIGITAL CUSTOMS WORK PROGRAM OF THE WORLD CUSTOMS ORGANIZATION
The World Customs Organization the WCO the Eurasian Economic Union EEU the Eurasian Economic Commission
Show more
10. Administrative law; Administrative process Pages: 202-207 Issue №7594
Development of administrative arrest as an exceptional form of punishment in the countries of the Eurasian Economic Union
administrative arrest the exclusivity of punishment The Eurasian economic Union humanization of the Institute of administrative arrest
Show more