Of The International Convention On The Harmonized Commodity Description

Original Language Title: o Mezinárodní úmluvě o harmonizovaném systému popisu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=37837&nr=160~2F1988~20Sb.&ft=txt

160/1988 Coll.



Decree



Minister of Foreign Affairs



of 13 October. September 1988



on the International Convention on the harmonized commodity description and coding system

the labelling of the goods and the Protocol of amendment thereto



On 14 June 2005. June 1983 was negotiated in Brussels International Convention for

the harmonized commodity description and coding of goods and 24 September.

June 1986 in Brussels was agreed Protocol amending that Convention.



On behalf of the Government of the Czechoslovak Socialist Republic was International

Convention signed in Brussels on 9 April. December 1986 and the Protocol of amendment thereto

accepted on 22. April 1987.



When signing the International Convention has been made to the provisions of the Declaration

Article 14 thereof, which is in contradiction with the Declaration on the granting of

independence of colonial Territories and peoples, which was adopted at the XV.

the UN General Assembly meeting in 1960 and the Czechoslovak

Socialist Republic is therefore considered to be obsolete.



International Convention and Protocol entered into force on 1 January 2000. January 1988 and

This day entered into force for the Czechoslovak Socialist

Republic.



Czech translation of International Convention and the Protocol shall be published at the same time. To

the text of the annex to the International Convention can be consulted on the Central Customs

management of the Federal Ministry of foreign trade.



Minister:



Ing. Now in r.



The International Convention



on the harmonized commodity description and coding of goods (closed

done at Brussels, 14. June 1983)



The preamble to the



The Contracting Parties to this Convention, drawn up under the auspices of the Council for customs

cooperation,



Desiring to facilitate international trade,



Desiring to facilitate the collection, comparison and analysis of statistics, in particular

foreign trade statistics,



Desiring to reduce expenses, resulting from the necessary new needs description,

classification and coding of the character when the goods on the international exchange of passes from

one system for grading on the second, and to facilitate the unification of the business

documents and data transmission,



considering that the technical development and the structure of international trade

necessarily require substantial amendments of the Convention on nomenclature for the classification of goods

in customs tariffs, the 15 October in Brussels. December 1950,



Bearing also in mind that the degree of detail required for tariff

and statistical purposes by Governments and business circles far exceeded in the

present stage, contained in the annex of the said Convention,



Bearing in mind the need for accurate and comparable data for the purposes

international trade negotiations,



considering that the harmonized system is intended also for use

in classifying goods and statistics relating to the various modes of transport

the goods,



considering that the harmonized system is intended to include, in

as far as possible, into the business description and coding systems

labelling of goods,



considering that the harmonized system is intended to facilitate

the drawing up of the closest building between business import and

export statistics and production statistics,



considering that the close relationship must be maintained between the

harmonised system for the classification and Master of international trade

(SITC) The United Nations,



considering that cover the above needs can be arranged

the introduction of the tariff and statistical nomenclature, applicable to the combined

the various actors in international trade,



considering the importance of the maintenance of the harmonised system in a proper

status of technical development and the structure of international trade,



considering the already done work in this area by the Committee for

the harmonized system, set up by the Customs Cooperation Council,



considering that, while previously appointed by the Convention on nomenclature

has proven itself as an effective tool for achieving some of these objectives,

the best way to achieve the desired results is

the conclusion of a new International Convention,



have agreed as follows:



Article 1



The definition of the



For the purposes of this Convention:



and) "harmonized system commodity description and coding",

"the harmonized system", nomenclature, that contains the items and

subheadings and their related numerical codes, the section, chapter notes,

subheadings, as well as to the General rules for the interpretation of the harmonized

system, contained in the annex to this Convention;



(b) the tariff nomenclature "means the nomenclature), drawn up in accordance with the legal

the order of the Contracting Parties for the purpose of collecting import duties;



(c)) "statistical nomenclatures" means goods nomenclature, drawn up

Contracting Party for the purpose of obtaining information needed to copy

import or export statistics;



d) "combined tariff/statistical nomenclature"

involving tariff nomenclature and statistics nomenclature

nomenclature, which are legally established in the Contracting Party for the purposes of

declaring goods at importation;



(e)) "the Convention establishing the Council" the Convention establishing a Customs Cooperation Council,

the Brussels 15. December 1950;



f) "Council" means the customs cooperation referred to under the abovementioned point

(e));



(g)) "the Secretary-General" means the Secretary-General of the Council;



h) "ratification" means ratification, acceptance or approval.



Article 2



Annex



The annex to this Convention shall form an integral part thereof, and all references to the

This Convention shall also apply to this annex.



Article 3



Obligations of the parties



1. Subject to the exceptions listed in article 4:



and) each Contracting Party undertakes, except as provided in subparagraph (a). (c))

of this paragraph, that arranges its tariff and statistical nomenclature

According to the harmonized system to the date on which this Convention for her

it enters into force.



It is, therefore, the drawing up of its tariff and statistical

the nomenclatures undertakes to:



1. to use without the additions and changes to all items and sub-items

the harmonized system, as well as their related numerical codes;



2. for the interpretation of the harmonized system, use the General rules, as well as

and all the section, chapter notes and subheadings and not to change the scope of the

classes, chapters, subheadings of the harmonized system;



3. follow the numerical sequence of the harmonized system.



(b) each Contracting Party shall give) is also available to the public of their

import and export statistics in accordance with make numeric characters

the harmonized system, or on the initiative of the Contracting Parties in the next

a more detailed breakdown at a rate that would prevent their publication, from

such special reasons, such as the secrecy of information of a commercial nature

or because of national security.



c) Nothing in this article shall require a Contracting Party to use the

the subheading of the harmonized system in its tariff nomenclature for

conditions, they meet in their combined tariff and statistical

nomenclature of the commitments, referred to above under (a)) 1., 2. and (3).



2. in accordance with the undertaking referred to in paragraph 1 a) of this article may

Each Party shall make the necessary adjustments to the text to include

the harmonised system of the national economy.



3. nothing in this article shall prevent the Contracting Parties to create your

in their tariff or statistical nomenclatures for more detailed

the breakdown of the item than is specified in the harmonized system, provided

that this subdivision will be connected and classified under six-digit

numerical marking, referred to in the annex to this Convention.



Article 4



A partial implementation of the system of developing countries



1. each developing country which is a Contracting Party, may differently

use some or all of the subheadings of the harmonized system after

the time that is necessary due to the structure of its international

trade and official capacity.



2. each developing State which is a Contracting Party and decided to

partial use of the harmonized system in accordance with the provisions of this

Article, shall undertake to make every effort to ensure that the harmonized system was

used on the level of the six characters in the 5 years from the date on

which this Convention enters into force, or a different period,

which it considers necessary in view of the provisions of paragraph 1. 1 of this article.



3. each developing State which is a Contracting Party and decided to

partial use of the harmonized system in accordance with the provisions of this

the article uses either all subheadings with two signs one

subheadings with one sign or any or all of the subheadings with

one sign of one item or no. In the case of a partial

the use of the sixth or fifth and sixth number the number of the corresponding numeric

the character of the harmonized system, which is not carried out, it must be replaced by the

"0" or "00".



4. each developing country, who decides for partial use of the

the harmonized system in accordance with the provisions of this article, shall notify the

to the Secretary-General, which becomes a party to

subheading, which will perform at the date to which the

Convention enters into force, and shall notify it of the subheading, which will also

perform later.



5. each developing country, who decides for partial use of the

the harmonized system in accordance with the provisions of this article, may

notify the Secretary-General yet, when it becomes a party,


expressly undertakes to implement the harmonized system at the level of

six characters in the three years following the date on which the

This Convention enters into force.



6. each developing country which is a Contracting Party and that uses the

partially harmonized system with the provisions of this article, the

exempted from the obligations resulting from article 3 of the Convention

point of view that does not use subheadings.



Article 5



Technical assistance to developing States



The developed States which are Contracting Parties shall provide developing

States, at their request, technical assistance, by mutual agreement, for

in particular, the training of staff, transfer their current nomenclatures

to the harmonised system and the guidelines for the implementation of measures to

maintain systems, including the amendments to the harmonised

the system, as well as the implementation of the provisions of this Convention.



Article 6



The Harmonized System Committee



1. in accordance with this Convention, the Committee called the "Committee for the

harmonised system ", consisting of representatives of each party.



2. The Harmonized System Committee shall meet as a rule at least twice

per year.



3. The meetings shall be convened by the Secretary-General and, where the Contracting

parties otherwise decide, shall be held at the headquarters of the Council.



4. the Harmonized System Committee each Contracting Party has the right to

one vote; for the purposes of this Convention, and regardless of the Convention,

to be concluded in the future, they will have a customs or economic Union

as well as one or more of the Member States which are Contracting

Parties, only one vote. Yet if all Member States Customs

or economic Union, which may become parties to it within the meaning of

the provisions of article 11 (b)), to become Contracting Parties, have only one

voice.



5. The Harmonized System Committee shall elect its Chairman, as well as one

or more Vice-Chairmen.



6. it shall draw up its rules of procedure and shall adopt it by a two thirds majority of the votes

of its members. This order is submitted for approval to the Council.



7. In the event that it considers it useful, invites you to attend its

work of intergovernmental and other international organizations as observers.



8. If necessary, subcommittees or working groups shall be set up, and it

particularly in terms of the provisions of paragraph 1 and article 7 provides for the) composition,

voting rights and the rules of procedure of these organs.



Article 7



The Committee's activities



1. The Harmonized System Committee shall exercise, with regard to the provisions of article

8 this activity:



and submit all proposals for) an amendment to this Convention, which it considers

beneficial in terms of user needs and technical developments or

the structure of international trade;



b) publishes explanatory notes, classification of the goods and the other

tutorials from the perspective of the interpretation of the harmonized system;



(c)), to prepare recommendations to secure uniformity in the interpretation and

the implementation of the harmonized system;



d) collects and publishes all the information relating to the implementation

the harmonized system;



e) provides ex officio or at the request of information or advice to all

issues concerning the classification of goods in the harmonized system

the Contracting Parties, to the Member States of the Council, as well as intergovernmental organisations

and other international organizations, as it deems appropriate;



(f) each meeting of the Board) submit reports of its activities, including proposals

explanatory notes to the changes, the instructions for the classification of goods and the other

tutorials;



(g)) in terms of the harmonised system, shall exercise all other powers

and activities that the Council or the Contracting Parties may deem necessary.



2. the administrative decision of the HS Committee, which have an impact

on the budget, are presented for approval to the Council.



Article 8



The Role Of The Council



1. the Council examines proposals for amendments to this Convention, drawn up by the Committee for

the harmonized system and recommends that the Contracting Parties in accordance with

procedure referred to in article 16, provided that no Member State of the Council,

which is a Contracting Party to this Convention requests that the relevant part or

the entire design was not returned to the Committee for re-examination.



2. The explanatory notes, classification guides, other tutorials

with regard to the interpretation of the harmonized system and recommendations to ensure

uniform interpretation and application of the harmonized system, which was

drawn up in the course of a meeting of the Committee for the harmonised

system in accordance with the provisions of paragraph 1 of article 7, shall be construed as

approved by the Council, if before the end of the second month following the

months ago, during which it was closed by the meeting of the Council, did not disclose any

a Contracting Party to this Convention to the Secretary-General asking that the issue of

was submitted to the Council.



3. If the question is submitted to the Council in accordance with the provisions of paragraph

2 of this article, the Council of such explanatory notes, classification

goods, other guides or recommendations will be approved by, or in the event that a Member

the Council of State which is a Contracting Party to this Convention, the requested, it returns

wholly or partly to the Committee for re-examination.



Article 9



The above tariff rates



The adoption of this Convention, the contracting parties do not assume any obligations of

point of view of the amount of customs duties.



Article 10



Resolution of disputes



1. any dispute between the Contracting Parties concerning the interpretation or implementation of this

the Convention is dealt with, if possible, direct negotiation between the parties.



2. Any dispute which is not settled in this way, it is submitted by the

Parties in dispute to the Harmonized System Committee, which shall review the

and shall make recommendations for its settlement.



3. If the Harmonized System Committee is unable to settle the dispute,

submit it to the Council, which shall make recommendations in accordance with article III (e))

The Convention establishing the Council.



4. the Contracting Parties in dispute may adopt recommendations to submit in advance

The Committee or the Council.



Article 11



The conditions under which it is possible to become a Contracting Party to the



Parties to this Convention may become:



and the Member States of the Council;)



(b) a customs or economic Union), which was referred to the power to enter into

agreement in terms of total or partial subject to this Convention; and



(c) any other State) that the Secretary-General at the direction of the Council

the invitation for this purpose.



Article 12



The procedure for the adoption of the Convention



1. any State or customs or economic Union, which meets the required

conditions, may become a Contracting Party to this Convention:



and by signing it without reservation of ratification);



b) saving instruments of ratification after signing it subject to ratification, or



(c)) access to it after the Convention has already been closed for signature.



2. this Convention is open for signature by the States and customs or economic

unions, referred to in article 11, in the headquarters of the Council in Brussels, until 31 December 2006. December

1986. After that date, shall be open for their accession.



3. the instruments of ratification or accession shall be deposited with the

Secretary.



Article 13



Entry into force



1. this Convention shall enter into force on January 1, that follows in

a period of at least 12 months and a maximum of twenty-four months after it

at least 17 States or customs or economic unions referred to in

Article 11 have signed it without reservation of ratification or have deposited their

instruments of ratification or accession, but not before 1 January 2002. in January 1987.



2. for each State or customs or economic Union that they sign this

the Convention without reservation of ratification, ratifying it or acceding to

After the minimum number was reached, referred to in paragraph 1, it shall enter

This Convention shall enter into force on January 1, which follows, within a period of at least

12 months and a maximum of twenty-four months of the date on which this

State or customs or economic Union without specifying a nearer date signed

the Convention without reservation of ratification, or after the deposit of instruments of ratification or

accession. In doing so, the date of entry into force, arising from the

the provisions of this paragraph, cannot precede the date resulting from the

paragraph 1 of this article.



Article 14



The implementation of the Convention, the dependent territories



1. Any State may, at the time it becomes party to this Convention

or at a later time, notify the Secretary-General that the Convention will be

apply to all or any of the territories for whose international

relations it is responsible and which said in the notice. This notice will enter

into force on January 1, which follows, within a period of at least 12

months and a maximum of twenty-four months from the date of its receipt by the

Secretary, if it is not listed in an earlier date. However, the Convention will be

to pay for these territories only after the entry into force for the

State.



2. this Convention shall cease to apply to territory on the date on which the

the international relations of that territory have left under the responsibility

the Contracting Party concerned, or to any earlier date, notified

the Secretary-General, under the conditions laid down in article 15.



Article 15



Notice of termination



This Convention is concluded for an unlimited period of time. Each Contracting Party shall, however,

may terminate and the denunciation shall take effect within one year after

receipt of the notification of denunciation by the Secretary-General, unless stated

a later date.



Article 16



Procedure for amendments to the Convention




1. the Council may recommend amendments to this Convention to the Contracting Parties.



2. each Contracting Party may notify the Secretary-General that it has

a reminder to the recommended change, and may additionally cancel this reminder

within a time limit set by paragraph 3 of this article.



3. Any recommended amendment shall be deemed to have been accepted within six

months from the date on which the Secretary-General has communicated this change provided

that, to this date there is no reminder.



4. Accepted amendments shall enter into force for all Contracting Parties in

some of the following time limits:



and in the case of that) is the recommended amendment is notified before 1. April, 1. January

of the second year following the date of this notification, or



(b)) when the recommended amendment is notified to the 1. April or later, 1.

January of the third year following the date of such notification.



5. the statistical nomenclatures of each Contracting Party, as well as its pricing

nomenclature or in the case referred to in paragraph 1 (c)) of article 3, its

tariff and statistical nomenclature, shall be given to the

accordance with harmonised system-supplied.



6. for each State or customs or economic Union, to sign this

the Convention without reservation of ratification, which it ratifies or accedes thereto,

is deemed to have accepted the changes to the date on which such State

or this Union become a Contracting Party, have entered into force or have been

adopted in accordance with the provisions of paragraph 3 of this article.



Article 17



Permission of the Contracting Parties to the harmonized system



In terms of issues, relating to the harmonized system, provides

paragraph 4 of article 6, article 8 and paragraph 2 of article 16 of the permissions of each

Contracting Party:



and) to all parts of the harmonized system which performs identically to the

the provisions of this Convention; or



(b)) to the date on which this Convention enters into force for it in accordance with the

the provisions of article 13, in respect of all parts of the harmonized system which

is obliged to carry out on this date in accordance with the provisions of this Convention;

or



(c)) to all parts of the harmonized system, provided that it is expressly

undertake to implement fully harmonized system at the level of a six-digit character

within three years, referred to in paragraph 5 of article 4 and until the passage of this

the time limits.



Article 18



Reservations



To this Convention are not admitted no reservations.



Article 19



Notification by the Secretary-General



The Secretary-General shall notify the Contracting Parties, to other States that the Convention

signed, the Member States of the Council that are not Contracting Parties to this

Convention, and the Secretary-General of the United Nations:



a) notifications received in accordance with article 4;



b) signatures, ratifications and approaches referred to in article 12;



(c)), the date on which this Convention enters into force in accordance with article 13;



d) notifications under article 14;



e) denunciations under article 15;



f) Add-ons to the Convention recommended under article 16;



g) comments on the add-ins registered under article 16 and

their withdrawal;



h):: adopted pursuant to article 16 and the date of their entry into

force.



Article 20



Registration with the United Nations



This Convention shall be registered in accordance with the provisions of article 102

The Charter of the United Nations at the request of the Secretary-General of the Council.



In witness whereof, the undersigned representatives, duly authorised for that purpose, this

the Convention was signed.



Done at Brussels on 14 June. June 1983 in the English and French languages,

both texts are identical, in a single copy, which shall be

deposited with the Secretary-General of the Council, who shall send certified copies of it

to all States and to all customs or economic unions referred to in article 11

of this Convention.



XIII.



Protocol



the amendment to the International Convention on the harmonized commodity description and coding system

labelling of goods (Brussels, June 24, 1986)



The Contracting Parties to the Convention establishing a Customs Cooperation Council, signed in

Done at Brussels, 15. December 1950, and of the European economic community,



considering that the International Convention on the harmonized commodity

commodity description and coding system (done at Brussels on 14 June

1983) enters into force on 1 January 2000. January 1988,



considering that, if article 13 of the said Convention has not changed,

He would be the entry into force of this Convention, an uncertain,



have agreed as follows:



Article 1



Paragraph 1 of article 13 of the International Convention on the harmonised commodity description

and coding of goods, done at Brussels on 14 June. June 1983

(hereinafter referred to as the Convention), is replaced by the following:



"1. This Convention shall enter into force on the 1. January, which immediately follows the

at least three months after the date on which not less than seventeen States

or customs or economic unions referred to in article 11, it

have signed it without reservation of ratification or have deposited their instruments of ratification or

accession, but not before 1 January 2002. January 1988. "



Article 2



A. this Protocol shall enter into force simultaneously with the Convention under the condition that

Seventeen 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 its instrument of acceptance of this Protocol only

If a previously signed or signed the Convention without at the same time

reservation of ratification or have deposited their instruments of ratification at the same time or impose

or accession to the Convention.



(B) any State or customs or economic Union which become Contracting

party to the Convention after the entry into force of this Protocol, within the meaning of the above

the said paragraph and, are parties to the Convention, referred to in

Protocol.