Explanatory Memorandum to COM(2002)628 - Accession of the EC to the Protocol of Amendment to the International Convention on the simplification and harmonisation of customs procedures (Kyoto Convention)

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The attached proposal is for 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).

This Protocol is now being put to the Council to be accepted which will imply that the European Community can express its will to be bound by the text of the amended Articles of the Convention and its General Annex. Further decisions will be required for the acceptance of the Specific Annexes.

The Protocol will enter into force after forty of the Contracting Parties of the Kyoto Convention have expressed their consent to be bound by it. After the entry into force of this Protocol, the European Community will be bound by the Revised Kyoto Convention which will supersede the original Kyoto Convention.

In accordance with Article 8 (5) (a) of the revised Convention, the European Community shall inform the depositary of the Revised Kyoto Convention of its competence with respect to the matters governed by the Convention.

In accordance with Article 11 of the revised Convention the European Community shall inform the depositary which territories form the Customs Union.

The Council is therefore asked to adopt the annexed proposal for a Council Decision 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).