Decree of the Minister for Foreign Affairs No. 160 / 1988 Coll.
Decree of the Minister for Foreign Affairs on the International Convention on the Harmonised Commodity Description and Coding System and the Protocol on its Amendment
Valid
Effective from 01.01.1988
160
DECLARATION
Minister for Foreign Affairs
of 13 September 1988
on the International Convention on the Harmonised Commodity Description and Coding System and the Protocol amending it
The International Convention on the Harmonised Commodity Description and Coding System was negotiated in Brussels on 14 June 1983 and the Protocol amending that Convention was negotiated in Brussels on 24 June 1986.
On behalf of the Government of the Czechoslovak Socialist Republic, the International Convention was signed in Brussels on 9 December 1986 and the Protocol amending it was adopted on 22 April 1987.
When signing the International Convention, a declaration was made on the provisions of Article 14 thereof, which is contrary to the Declaration of Independence on Colonial Territories and the Nations General Assembly meeting in 1960, and the Czechoslovak Socialist Republic considers them to be over.
Both the International Convention and the Protocol entered into force on 1 January 1988 and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the International Convention and the Protocol shall be announced at the same time. The text of the Annex to the International Convention may be consulted at the Central Customs Administration of the Federal Ministry of Foreign Trade.
Minister:
Ing. Chupek v. r.
International Convention
on the Harmonised Commodity Description and Coding System (concluded in Brussels on 14 June 1983)
Preamble
Contracting Parties to this Convention, drawn up under the auspices of the Customs Cooperation Council,
Desiring to facilitate international trade,
Desiring to facilitate the collection, comparison and analysis of statistics, in particular external trade statistics,
Desiring to limit expenditure resulting from the necessary need for a new description, classification and numerical character, where goods are transferred from one classification system to another during international exchange and to facilitate the unification of commercial documents and the transfer of data,
Bearing in mind that the technical developments and the structure of international trade necessarily require substantial amendments to the Convention on Nomenclature for the Classification of Goods in Customs Tariff, which took place in Brussels on 15 December 1950,
bearing also in mind that the degree of detail required for tariff and statistical purposes by governments and business circles has now exceeded the degree set out in the Annex to the abovementioned Convention,
taking into account the need for accurate and comparable data for international trade negotiations,
bearing in mind that the Harmonised System is also intended for use in the classification of goods and statistics relating to different modes of transport of goods,
bearing in mind that the Harmonised System is intended to be incorporated, as far as possible, into the trading systems for the description and labelling of goods,
bearing in mind that the Harmonised System is intended to facilitate the establishment of the closest link between trade import and export statistics and production statistics,
bearing in mind that close links between the Harmonised System and the United Nations Model Classification of International Trade (SITC) must be maintained,
Bearing in mind that the coverage of the abovementioned needs can be ensured by the introduction of a tariff and statistical combined nomenclature, applicable to the various participants in international trade,
taking into account the importance of maintaining the harmonised system in good condition in terms of technical developments and the structure of international trade,
having regard to the work already carried out in this area by the Harmonised System Committee established by the Customs Cooperation Council,
Bearing in mind that, although the former Nomenclature Convention has proved to be an effective instrument to achieve some of these objectives, the best way to achieve the overall desired results is to conclude a new international convention,
agree as follows:
Definitions
For the purposes of this Convention:
(a) "Harmonised Commodity Description and Coding System," hereinafter referred to as the "Harmonised System," a nomenclature, containing subheadings and subheadings and their numerical characters, notes on classes, chapters, subheadings and general rules for the interpretation of the Harmonised System, as set out in the Annex to this Convention;
(b) "tariff nomenclature" means a nomenclature drawn up in accordance with the law of a Contracting Party for the purpose of collecting import duties;
(c) "statistical nomenclature" means a nomenclature of goods drawn up by a Contracting Party in order to obtain the data necessary for the production of import or export statistics;
(d) "tariff and statistical combined nomenclature" means a combined nomenclature comprising a tariff nomenclature and a statistical nomenclature which is legally established by a Contracting Party for the purposes of the declaration of goods in imports;
(e) "Convention establishing the Council" means the Convention establishing a Customs Cooperation Council in Brussels on 15 December 1950;
(f) "Council" means the Customs Cooperation Council referred to under (e) above;
(g) "Secretary-General" means the Secretary-General of the Council;
(h) "ratification" means ratification, acceptance or approval.
Annex
The Annex to this Convention shall form an integral part thereof and all references to this Convention shall also apply to this Annex.
Commitments of the Contracting Parties
1. subject to the exceptions provided for in Article 4:
(a) each Contracting Party undertakes, with the exception of point (c) of this paragraph, to organise its tariff and statistical nomenclature in accordance with the Harmonised System on the date on which this Convention enters into force.
It therefore undertakes to:
1. use without amendments and amendments all the entries and subheadings of the Harmonised System and their numerical characters;
2. to apply general rules for the interpretation of the Harmonised System, as well as all notes on classes, chapters and subheadings, and not to change the scope of classes, chapters, headings and subheadings of the Harmonised System;
3. comply with the numerical arrangement of the Harmonised System.
(b) Each Party shall also give free use to the public of its import and export statistics in accordance with the six-digit figures of the Harmonised System, or, at the initiative of that Party, further detailed breakdowns to such an extent as would not prevent their publication, for such specific reasons as the confidentiality of information of a commercial nature or for reasons of national security.
(c) Nothing in this Article shall oblige the Contracting Parties to use the Harmonised System subheadings in their tariff nomenclature, provided that they fulfil the obligations referred to in (a) 1, 2 and 3 in their combined tariff and statistical nomenclature.
2. In accordance with the commitments referred to in paragraph 1 (a) of this Article, each Contracting Party may make modifications to the text necessary to integrate the harmonised system into the national economy.
3. Nothing in this Article shall prevent the Contracting Parties from establishing in their tariff or statistical nomenclature a more detailed subdivision of the goods than specified in the Harmonised System, provided that such a more detailed subdivision is attached and classified under the six-digit numerical indication set out in the Annex to this Convention.
Partial implementation of the system by developing countries
1. Any developing State which is a Contracting Party may use some or all of the subheadings of the Harmonised System differently for as long as is necessary due to the structure of its international trade and official possibilities.
2. Any developing State which is a Contracting Party and decides to apply the Harmonised System in part in accordance with the provisions of this Article shall undertake to do its utmost to ensure that the Harmonised System is used at a level of six characters within five years from the date on which this Convention enters into force for it or any period which it considers necessary in view of the provisions of paragraph 1 of this Article.
3. Each developing State which is a Contracting Party and decides to use the Harmonised System in part in accordance with the provisions of this Article shall use either all the subheadings with two characters of one subheading with one sign or none or all the subheadings with one sign of one item or none. In the case of such partial use, the sixth number or the fifth and sixth numbers of the corresponding heading of the Harmonised System which is not implemented shall be replaced by "0 'or" 00'.
4. Any developing State which decides to apply the Harmonised System in part in accordance with the provisions of this Article shall notify the Secretary-General when it becomes a Contracting Party to a subheading which will not be implemented at the date on which this Convention enters into force for it and shall also notify it of the sub-items which it will carry out at a later date.
5. Any developing State which decides to apply the Harmonised System partially in accordance with the provisions of this Article may notify the Secretary-General when it becomes a Contracting Party that it expressly undertakes to implement the Harmonised System at the level of six characters within three years following the date on which the Convention enters into force for it.
6. Any developing State which is a Contracting Party and which applies a partly harmonised system in conformity with the provisions of this Article shall be exempt from the obligations arising from Article 3 of this Convention in respect of subheadings which it does not apply.
Technical assistance to developing countries
The developed States which are Contracting Parties shall, upon request, provide technical assistance to developing States by mutual agreement, in particular concerning the training of workers, the transfer of their current nomenclature to the Harmonised System and the guidelines for implementing measures to maintain their transferred systems, including changes to the Harmonised System, as well as the implementation of the provisions of this Convention.
Harmonised System Committee
1. In accordance with this Convention, a Committee called the "Harmonized System Committee 'is hereby established, composed of representatives of each Party.
2. The Harmonised System Committee shall, as a general rule, meet at least twice a year.
3. Its meetings shall be convened by the Secretary-General and, unless the Parties decide otherwise, shall be held at the Council's seat.
4. Each Contracting Party shall be entitled to one vote in the Harmonised System Committee; for the purposes of this Convention and notwithstanding other conventions to be concluded in the future, customs or economic unions and their one or more Contracting States shall have only one vote. Where all Member States of a customs or economic union which may become parties within the meaning of Article 11 (b) become parties, they shall have only one vote.
5. The Harmonised System Committee shall elect its chairman and one or more Vice-Presidents.
6. It shall draw up its rules of procedure and adopt it by a two-thirds majority of its members. These Rules shall be submitted to the Council for approval.
7. If it considers it useful, it shall invite intergovernmental and other international organisations as observers to participate in its work.
8. Where necessary, it shall set up subcommittees or working groups, in particular with regard to the provisions of paragraph 1 (a) of Article 7 and shall lay down the composition, voting rights and internal rules of these bodies.
Proceedings of the Committee
1. The Harmonised System Committee shall carry out the following activities with regard to the provisions of Article 8:
(a) submit any proposal to amend this Convention which it considers to be beneficial in terms of user needs and technical developments or the structure of international trade;
(b) issue explanatory notes, instructions for classification of goods and other instructions with regard to the interpretation of the Harmonised System;
(c) drawing up the recommendations necessary to ensure uniform interpretation and implementation of the harmonised system;
(d) collect and supply all information relating to the implementation of the harmonised system;
(e) provide, on its own initiative or at the request, information or advice on all matters relating to the classification of goods in the Harmonised System to the Contracting Parties, the Council Member States, and intergovernmental organisations and other international organisations which it considers competent;
(f) submit reports from its activities to each Council meeting, including proposals for amendments, explanatory notes, instructions for the classification of goods and other instructions;
(g) exercise from the point of view of the harmonised system all other powers and activities which the Council or the Contracting Parties may consider useful.
2. Administrative decisions of the Harmonised System Committee affecting the budget shall be submitted to the Council for approval.
Role of the Council
1. The Council shall examine proposals for amendments to this Convention, drawn up by the Committee for the Harmonised System and shall recommend them to the Parties in accordance with the procedure referred to in Article 16, provided that no Member State of the Council which is a Party to this Convention requests that the relevant part or the whole of the proposal be returned to the Committee for re-examination.
2. The explanatory notes, the instructions for classification of goods, other instructions affecting the interpretation of the Harmonised System and the recommendations to ensure uniform interpretation and implementation of the Harmonised System which have been drawn up during a meeting of the Harmonized System Committee in accordance with the provisions of paragraph 1 of Article 7, shall be deemed to be approved by the Council if, before the end of the second month following the month during which the Council meeting was concluded, no Contracting Party to this Convention has communicated to the Secretary-General requesting that the question be referred to the Council.
3. Where a question is referred to the Council in accordance with the provisions of paragraph 2 of this Article, the Council shall approve such explanatory notes, instructions for the classification of goods, other instructions or recommendations or, if the Member State of the Council which is a Contracting Party to this Convention so requests, return them to the Committee in whole or in part for re-examination.
Rate of duty
By adopting this Convention, the Contracting Parties shall not assume any obligations with regard to the level of customs duties.
Dispute settlement
1. Any dispute between the Contracting Parties concerning the interpretation or implementation of this Convention shall, as far as possible, be dealt with by direct negotiations between those Parties.
2. Any dispute which is not dealt with in this way shall be submitted by the Parties in a dispute of the Harmonised System Committee which shall examine it and adopt recommendations for its settlement.
3. If the Harmonised System Committee is unable to settle the dispute, it shall submit it to the Council, which shall adopt a recommendation in accordance with Article III (e) of the Convention establishing the Council.
4. In a dispute, the Contracting Parties may submit to the recommendation of the Committee or of the Council in advance.
Conditions under which a Contracting Party may become a Contracting Party
Contracting Parties to this Convention may become:
(a) Member States of the Council;
(b) a customs or economic union to which the power to conclude agreements has been delegated in respect of the partial or complete subject matter of this Convention; and
(c) all other States to which the Secretary-General shall send an invitation to that effect on the Council's instructions.
Procedure for the adoption of the Convention
1. Any State or customs or economic union meeting the required conditions may become a Contracting Party to this Convention:
(a) a signature without reservation of ratification;
(b) by deposit of instruments of ratification after signature, subject to ratification; or
(c) access to it after the Convention has already been concluded for signature.
2. This Convention shall be open for signature by the States and the customs or economic union referred to in Article 11 at the Council's seat in Brussels until 31 December 1986. After that date, it will be open to their access.
3. The instruments of ratification or accession shall be deposited with the Secretary-General.
Entry into force
1. This Convention shall enter into force on the first January following a period of at least 12 months and not more than 24 months after at least 17 States or customs or economic unions referred to in Article 11 have signed or deposited their instruments of ratification or accession without reservation, but not before 1 January 1987.
2. For each State or customs or economic union which signs this Convention without reservation of ratification, which ratifies it or accedes to it after the minimum number referred to in paragraph 1 has been reached, this Convention shall enter into force on the first January following a period of at least 12 months and not more than 24 months on the date on which that State or the customs or economic union signed the Convention without the date specified, without reservation of ratification or after the deposit of the instrument of ratification or accession. The date of entry into force resulting from the provisions of this paragraph may not be preceded by the date resulting from paragraph 1 of this Article.
Implementation of the Convention by dependent territories
1. Each State may, at the time it becomes a Contracting Party to this Convention or at a later date, notify the Secretary-General that this Convention shall apply to all or to certain territories for whose international relations it is responsible and which it has indicated in the notification. This notification shall enter into force on the first January following a period of at least 12 months and not more than 24 months from the date of receipt by the Secretary-General, unless the earlier date is stated. However, the Convention will not apply to these territories until it enters into force for the State concerned.
2. This Convention shall cease to apply to designated territories at the date on which the international relations of that territory are no longer under the responsibility of the Contracting Party concerned or at any earlier date, notified to the Secretary-General under the conditions laid down in Article 15.
Termination
This Convention shall be concluded for an unlimited period. However, each Contracting Party may denounce it and such denunciation shall take effect within one year of receipt of the notice of denunciation by the Secretary-General, unless a later date is set.
Procedure for amending the Convention
The Council may recommend to the Contracting Parties amendments to this Convention.
2. Each Contracting Party may inform the Secretary-General that it has a comment on the recommended amendment and may, in addition, cancel that comment within the period provided for in paragraph 3 of this Article.
3. Any amendment recommended shall be deemed to have been adopted within six months of the date on which the Secretary-General communicated the amendment, provided that no comment has been made on that date.
4. The amendments adopted shall enter into force for all Contracting Parties within one of the following time limits:
(a) where the recommended amendment is notified before 1 April, 1 January of the second year following the date of such notification; or
(b) where the recommended amendment is communicated on or after 1 April, 1 January of the third year following the date of such notification.
5. The statistical nomenclature of each Contracting Party, as well as its tariff nomenclature or, in the case referred to in paragraph 1 (c) of Article 3, its tariff and statistical Combined Nomenclature, shall be aligned with the supplemented Harmonised System.
6. For each State or customs or economic union which signs this Convention without reservation of ratification, ratifying it or acceding to it, it shall be deemed to have accepted amendments which, at the date on which that State or that Union became a Contracting Party, entered into force or were adopted in conformity with the provisions of paragraph 3 of this Article.
Authorisation of the Parties to the Harmonised System
With regard to matters relating to the Harmonised System, paragraph 4 of Article 6, Article 8 and paragraph 2 of Article 16 shall confer an authorisation on each Contracting Party:
(a) all parts of the Harmonised System which are implemented in conformity with the provisions of this Convention; or
(b) on the date on which this Convention enters into force in accordance with the provisions of Article 13, on all parts of the Harmonised System which are required to be implemented on that date in accordance with the provisions of this Convention; or
(c) to all parts of the Harmonised System, provided that it expressly undertakes to implement a fully harmonised system at the level of a six-digit character within the three-year period referred to in paragraph 5, Article 4 and until that period has passed.
Reservations
No reservations shall be made to this Convention.
Notification by the Secretary-General
The Secretary-General shall notify the Contracting Parties, the other States which have signed the Convention to the Member States of the Council which are not Parties to this Convention and to the Secretary-General of the United Nations:
(a) notifications received pursuant to Article 4;
(b) the signatures, ratifications and approaches referred to in Article 12;
(c) the date on which this Convention enters into force pursuant to Article 13;
(d) notifications received pursuant to Article 14;
(e) statements received pursuant to Article 15;
(f) supplements to this Convention recommended under Article 16;
(g) comments on the supplements recommended in accordance with Article 16, as well as any repeal thereof;
(h) the additions adopted pursuant to Article 16 and the date of their entry into force.
Registration with the United Nations
This Convention shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations at the request of the Secretary-General of the Council.
By way of proof, the signed representatives, duly authorised to do so, signed this Convention.
Done at Brussels, 14 June 1983, in the languages of the English and French languages, the two texts being the same, in a single copy to be deposited with the Secretary-General of the Council, who shall send certified copies to all States and to all customs or economic unions referred to in Article 11 of this Convention.
Protocol of amendment
International Conventions on the Harmonised Commodity Description and Coding System (Brussels, 24 June 1986)
Contracting Parties to the Convention establishing a Customs Cooperation Council, signed in Brussels on 15 December 1950, and the European Economic Community,
Recalling that the International Convention on the Harmonised Commodity Description and Coding System (concluded in Brussels on 14 June 1983) will enter into force on 1 January 1988,
bearing in mind that if Article 13 of that Convention had not been amended, the entry into force of that Convention would have become uncertain,
agree as follows:
Paragraph 1 of Article 13 of the International Convention on the Harmonised Commodity Description and Coding System concluded in Brussels on 14 June 1983 (hereinafter referred to as the Convention) is replaced by the following:
"1. This Convention shall enter into force on 1 January, following at least three months after the date on which at least 17 States or customs or economic unions referred to in Article 11 signed it without reservation of ratification or deposit their instruments of ratification or accession, but not before 1 January 1988. ';
A. This Protocol shall enter into force at the same time as the Convention, provided that 17 States or customs or economic unions referred to in Article 11 of the Convention have deposited their instruments of acceptance of the Protocol with the Secretary-General of the Customs Cooperation Council. In so doing, States or customs or economic union may deposit their instruments of acceptance of this Protocol only if they have previously signed or signed at the same time the Convention without reservation of ratification or deposit or deposit simultaneously their instruments of ratification or accession to the Convention.
B. Any State or Customs or Economic Union which becomes a Contracting Party to the Convention after the entry into force of this Protocol within the meaning of paragraph A above shall be Contracting Parties to the Convention referred to in the Protocol.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 160 / 1988 Coll., concerning the International Convention on the Harmonised Commodity Description and Coding System and the Protocol amending it |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1988 |
|---|---|
| Effective from | 01.01.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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