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.
