Date: 2025-07-02Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2025/1308 of 23 June 2025 on the position to be taken on behalf of the European Union within the World Customs Organization (WCO) Council in relation to a WCO Article 16 Recommendation amending the Harmonised System
Executive Summary:
This Council Decision establishes the EU's position within the World Customs Organization (WCO) Council regarding a Recommendation to amend the Harmonized System (HS). The amendment is based on a proposal prepared by the Harmonized System Committee and finalised on 10-21 March 2025. The EU supports the draft Recommendation, aiming for its entry into force on 1 January 2028, and will accept it during the June 2025 sessions.
Key Points / Main Content:
* **Objective:** Define the EU's stance on the WCO's draft Recommendation to amend the Harmonized System Nomenclature (HS Nomenclature).
* **Legal Basis:**
* The decision is based on Article 31 and Article 207(4), first subparagraph, in conjunction with Article 218(9) of the Treaty on the Functioning of the European Union.
* It relates to the International Convention on the Harmonized Commodity Description and Coding System (HS Convention).
* **WCO Council Decision:**
* The WCO Council is expected to decide on the draft Recommendation during its June 2025 sessions.
* The draft Recommendation is to be adopted based on a proposal prepared by the Harmonized System Committee and finalised during its 75th meeting on 10-21 March 2025.
* The draft Recommendation is scheduled to enter into force on 1 January 2028.
* **EU Position:**
* The EU supports the draft Recommendation, including any minor editorial changes.
* The EU representatives within the WCO Council are authorized to agree to minor editorial changes to the draft Recommendation, in consultation with Member States.
* **Implementation:** The decision enters into force on the date of its adoption (23 June 2025).
Impact Analysis:
Stakeholders:
* European Union:
* Impact: The Recommendation, once accepted, will have legal effects on the Union and influence Union law, particularly Annex I to Council Regulation (EEC) No 2658/87.
* Action Required: Support the draft Recommendation at the WCO Council's June 2025 sessions and implement any necessary changes to Union law.
* Member States:
* Impact: Affected by changes to the Harmonized System Nomenclature and related tariff and statistical classifications.
* Action Required: Consult with Union representatives during on-the-spot coordination meetings regarding minor editorial changes.
* World Customs Organization (WCO):
* Impact: The EU's position influences the adoption and implementation of the Recommendation to amend the Harmonized System.
* Action Required: N/A
* Users of the Harmonized System Nomenclature:
* Impact: The updated HS Nomenclature will better reflect trade patterns, new technologies, and user needs.
* Action Required: Adapt to the changes in the HS Nomenclature effective 1 January 2028.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
World Customs Organization (WCO): An intergovernmental organization that develops international standards and promotes cooperation in customs matters.
Harmonized System (HS): The Harmonized Commodity Description and Coding System, an internationally standardized system of names and numbers to classify traded products.
Treaty on the Functioning of the European Union: One of the primary treaties of the European Union, outlining its objectives, organization, and procedures.
European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's budget.
Harmonized System Committee: A committee within the World Customs Organization responsible for proposing amendments to the Harmonized System Nomenclature.
Council Regulation EEC No 2658/87: A Council Regulation on the tariff and statistical nomenclature and on the Common Customs Tariff.
Luxembourg: The city where the Council Decision was done.
Official Journal EN
of the European Union L series
2025/1308 2.7.2025
COUNCIL DECISION (EU) 2025/1308
of 23 June 2025
on the position to be taken on behalf of the European Union within the World Customs Organization
(WCO) Council in relation to a WCO Article 16 Recommendation amending the Harmonised System
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 31 and Article 207(4), first
subparagraph, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The International Convention on the Harmonized Commodity Description and Coding System (the ‘HS Convention’)
was concluded by the Union by Council Decision 87/369/EEC(1) and entered into force on 1 January 1988.
(2) Pursuant to Article 7 of the HS Convention, the Harmonized System Committee may propose to the World Customs
Organization (WCO) Council proposals for amendments to the Harmonized System Nomenclature (the ‘HS
Nomenclature’). Pursuant to Article 16 of the HS Convention, the WCO Council may recommend amendments to
the Contracting Parties.
(3) The WCO Council is expected to decide on a draft Recommendation to the Contracting Parties for an amendment to
the HS Nomenclature at its June 2025 sessions (the ‘draft Recommendation’). The draft Recommendation is to be
adopted on the basis of a proposal prepared by the Harmonized System Committee and finalised during its 75th
meeting on 10-21 March 2025. It is to enter into force on 1 January 2028.
(4) It is of utmost importance that the HS Nomenclature be kept up-to-date and in line with the evolution of trade
patterns and the development of new technologies, and that it reflect as closely as possible the needs of the users.
The draft Recommendation includes numerous sets of amendments that take into account the need to modernise or
adapt the HS Nomenclature to its environment.
(5) It is appropriate to establish the position to be taken on the Union’s behalf within the WCO Council in relation to
the draft Recommendation, as once accepted under Article 16 of the HS Convention, the Recommendation will have
legal effects on the Union and be capable of decisively influencing the content of Union law, in particular Annex I to
Council Regulation (EEC) No 2658/87(2).
(6) The position of the Union within the WCO Council should be to support the draft Recommendation, as well as any
minor editorial changes that may be deemed necessary,
HAS ADOPTED THIS DECISION:
Article 1
1. The position to be taken on the Union’s behalf within the World Customs Organization (WCO) Council at its June
2025 sessions shall be to accept the draft Recommendation under Article 16 of the International Convention on the
Harmonized Commodity Description and Coding System (the ‘HS Convention’) concerning the amendment to the
Harmonized System as set out in Annex Q to Document NC3358Ba (Report HSC/75/March 2025).
(1) Council Decision 87/369/EEC 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 (OJ L 198, 20.7.1987, p. 1, ELI: http://data.
europa.eu/eli/dec/1987/369/oj).
(2) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs
Tariff (OJ L 256, 7.9.1987, p. 1, ELI: http://data.europa.eu/eli/reg/1987/2658/oj).
ELI: http://data.europa.eu/eli/dec/2025/1308/oj 1/2EN
OJ L, 2.7.2025
2. The representatives of the Union within the WCO Council may agree to minor editorial changes to the draft
Recommendation under Article 16 of the HS Convention in light of developments at the upcoming WCO Council sessions,
in consultation with Member States during on-the-spot coordination meetings, without a further decision of the Council.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 23 June 2025.
For the Council
The President
C. SIEKIERSKI
2/2 ELI: http://data.europa.eu/eli/dec/2025/1308/oj