Considerations on COM(2022)186 - EU position in the World Customs Organization Council in relation to the adoption of a draft amendment to the Rules of Procedure of the Harmonized System (HS) Committee

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(1) The International Convention on the Harmonized Commodity Description and Coding System (‘the Agreement’), concluded by the Union by Council Decision 87/369 41, entered into force on 1 January 1988.

(2) Pursuant to Article 6(6) of the Agreement, the Harmonized System (HS) Committee is to draw up its own Rules of Procedure by decision taken by not less than two-thirds of the votes attributed to its members. The Rules of Procedure so drawn up are to be approved by the Council.

(3) The WCO Council is expected to approve a draft amendment to the Rules of Procedure of the HS Committee at its June sessions. Such an amendment will be approved on the basis of a proposal drawn up by the HS Committee and finalised during its 64th (18-27 September 2019) and 68th (6-28 September 2021) sessions. It will enter into force upon adoption.

(4) It is of utmost importance that the HS Committee takes its decisions in a transparent and efficient way, and that such decisions receive the maximum support from the members of this Committee.

(5) Since that draft amendment to the Rules of Procedure of the HS Committee is to be approved by the WCO Council, it is appropriate to establish the position to be taken on the Union's behalf, as once approved, the amended Rules of Procedure will be binding on the Union and capable of influencing the content of Union law, namely Annex I to Council Regulation (EEC) No 2658/87 52.

(6) Therefore, it is appropriate that the Union’s position should be to support the draft amendment to the Rules of Procedure of the HS Committee, and any minor editorial or linguistic adaptations that may be deemed necessary.