01984A0512(01) — EN — 30.11.2011 — 001.002

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►B INTERNATIONAL CONVENTION ON THE HARMONIZATION OF FRONTIER CONTROLS OF GOODS PREAMBLE (OJ L 126 12.5.1984, p. 3)

Amended by:









▼B

INTERNATIONAL CONVENTION ON THE HARMONIZATION OF FRONTIER CONTROLS OF GOODS

PREAMBLE







THE CONTRACTING PARTIES, DESIRING to improve the international movement of goods, BEARING IN MIND the need to facilitate the passage of goods at frontiers, NOTING that control measures are applied at frontiers by different control services, ACKNOWLEDGING that the conditions under which such controls are carried out may be extensively harmonized without impairing their purpose, their proper implementation and their effectiveness, CONVINCED that the harmonization of frontier controls constitutes an important means for attaining these objectives, HAVE AGREED AS FOLLOWS:







CHAPTER I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Convention:

(a) ‘Customs’ means the Government Service which is responsible for the administration of customs law and the collection of import and export duties and taxes and which also has responsibility for the application of other laws and regulations relating inter alia to the importation, transit and exportation of goods;

(b) ‘Customs control’ means measures applied to ensure compliance with the laws and regulations which the Customs are responsible for enforcing;

(c) ‘Medico-sanitary inspection’ means the inspections exercised for the protection of the life and health of persons, with the exception of veterinary inspection;

(d) ‘Veterinary inspection’ means the sanitary inspection applied to animals and animal products with a view to protecting the life and health of persons and animals, as well as that carried out on objects or goods which could serve as a carrier for animal diseases;

(e) ‘Phytosanitary inspection’ means the inspection intended to prevent the spread and the introduction across national boundaries of pests of plants and plant products;

(f) ‘Control of compliance with technical standards’ means the control to ensure that goods meet the minimum international or national standards specified by relevant laws and regulations;

(g) ‘Quality control’ means any control other than those referred to above to ensure that the goods correspond to the minimum international or national definitions of quality specified by relevant laws and regulations;

(h) ‘Control services’ means any service responsible for carrying out all or part of the controls defined above or any other controls regularly applied to the importation, exportation or transit of goods.

Article 2

Aim

In order to facilitate the international movement of goods, this Convention aims at reducing the requirements for completing formalities as well as the number and duration of controls, in particular by national and international coordination of control procedures and of their methods of application.

Article 3

Scope

1. This Convention applies to all goods being imported or exported or in transit, when being moved across one or more maritime, air or inland frontiers.

2. This Convention applies to all control services of the Contracting Parties.







CHAPTER II

HARMONIZATION OF PROCEDURES

Article 4

Coordination of controls

The Contracting Parties shall undertake, to the extent possible, to organize in a harmonized manner the intervention of the Customs services and the other control services.

Article 5

Resources of the services

To ensure that the control services operate satisfactorily, the Contracting Parties shall see to it that, as far as possible, and within the framework of national law, they are provided with:

(a) qualified personnel in sufficient numbers consistent with traffic requirements;

(b) equipment and facilities suitable for inspection, taking into account the mode of transport, the goods to be checked and traffic requirements;

(c) official instructions to officers for acting in accordance with international agreements and arrangements and with current national provisions.

Article 6

International cooperation

The Contracting Parties undertake to cooperate with each other and to seek any necessary cooperation from the competent international bodies, in order to achieve the aims of this Convention, and furthermore to attempt to arrive at new multilateral or bilateral agreements or arrangements, if necessary.

Article 7

Cooperation between adjacent countries

Whenever a common inland frontier is crossed, the Contracting Parties concerned shall take appropriate measures, whenever possible, to facilitate the passage of the goods, and they shall, in particular:

(a) endeavour to arrange for the joint control of goods and documents, through the provision of shared facilities;

(b) endeavour to ensure that the following correspond: — opening hours of frontier posts, — the control services operating there, — the categories of goods, the modes of transport and the international customs transit procedures accepted or in use there.

Article 8

Exchange of information

The Contracting Parties shall, on request, send each other information necessary for the application of this Convention under the conditions specified in the Annexes.

Article 9

Documents

1. The Contracting Parties shall endeavour to further the use, between themselves and with the competent international bodies, of documents aligned on the United Nations Layout Key.

2. The Contracting Parties shall accept documents produced by any appropriate technical process, provided that they comply with official regulations as to their form, authenticity and certification, and that they are legible and understandable.

3. The Contracting Parties shall ensure that the necessary documents are prepared and authenticated in strict compliance with the relevant legislation.







CHAPTER III

PROVISIONS CONCERNING TRANSIT

Article 10

Goods in transit

1. The Contracting Parties shall, wherever possible, provide simple and speedy treatment for goods in transit, especially for those travelling under cover of an international customs transit procedure, by limiting their inspections to cases where these are warranted by the actual circumstances or risks. Additionally, they shall take into account the situation of land-locked countries. They shall endeavour to provide for extension of the hours and the competence of existing customs posts available for customs clearance for goods carried under an international customs transit procedure.

2. They shall endeavour to facilitate to the utmost the transit of goods carried in containers or other load units affording adequate security.







CHAPTER IV

MISCELLANEOUS PROVISIONS

Article 11

Public order

1. No provision in this Convention shall preclude the application of the prohibitions or restrictions relating to importation, exportation, or transit, imposed for reasons of public order, and in particular public safety, morality, and health, or for the protection of the environment, of cultural heritage or industrial, commercial and intellectual property.

2. Nevertheless, whenever possible without prejudice to the effectiveness of the controls, the Contracting Parties shall endeavour to apply to the controls in connection with the application of the measures mentioned in paragraph 1 above the provisions of this Convention inter alia those which are the subject of Articles 6 to 9.

Article 12

Emergency measures

1. The emergency measures which the Contracting Parties may be led to introduce because of particular circumstances, must be proportionate to the reasons which give rise to their introduction and must be suspended or abrogated when these reasons no longer exist.

2. Whenever possible without prejudice to the effectiveness of the measures, the Contracting Parties shall publish the relevant provisions for such measures.

Article 13

Annexes

1. The Annexes to this Convention form an integral part of the Convention.

2. New annexes relating to other sectors of control may be added to this Convention according to the procedure specified in Articles 22 or 24 below.

Article 14

Relation to other treaties

Without prejudice to the provisions of Article 6, the Convention shall not override the rights and obligations arising from treaties which the Contracting Parties to the Convention concluded before becoming Contracting Parties to this Convention.

Article 15

This Convention shall not prevent the application of greater facilities which two or more Contracting Parties may wish to grant to each other, nor the right of regional economic integration organizations referred to in Article 16 which are Contracting Parties to apply their own legislation to controls at their internal frontiers, on condition that this does not reduce in any way the facilities deriving from this Convention.

Article 16

Signature, ratification, acceptance, approval and accession

1. This Convention, deposited with the Secretary-General of the United Nations, shall be open to the participation of all States and of regional economic integration organizations constituted by sovereign States which have competence to negotiate, conclude and apply international agreements on matters covered by the Convention.

2. The regional economic integration organizations referred to in paragraph 1 may, for the matters within their competence, exercise on their own behalf the rights and fulfil the responsibilities which this Convention otherwise confers on their Member States which are Contracting Parties to this Convention. In such cases the Member States of the said organizations shall not be entitled to exercise individually such rights, including the right to vote.

3. States and the regional economic integration organizations referred to above may become Contracting Parties to this Convention: (a) by depositing an instrument of ratification, acceptance or approval after signing it, or (b) by depositing an instrument of accession.

4. This Convention shall be open from 1 April 1983 until 31 March 1984 inclusive for signature at the Office of the United Nations at Geneva by all States and the regional economic integration organizations referred to in paragraph 1.

5. From 1 April 1983 it shall be open for their accession.

6. The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.

Article 17

Entry into force

1. This Convention shall enter into force three months after the date on which five States have deposited their instruments of ratification, acceptance, approval or accession.

2. After five States have deposited their instruments of ratification, acceptance, approval or accession, this Convention shall enter into force for further Contracting Parties three months after the date of the deposit of their instruments of ratification, acceptance, approval or accession.

3. Any instrument of ratification, acceptance, approval or accession. deposited after the entry into force of an amendment to this Convention shall be deemed to apply to this Convention as amended.

4. Any such instrument deposited after an amendment has been accepted in accordance with the procedure in Article 22 but before it has entered into force shall be deemed to apply to this Convention as amended on the date when the amendment enters into force.

Article 18

Denunciation

1. Any Contracting Party may denounce this Convention by so notifying the Secretary-General of the United Nations.

2. Denunciation shall take effect six months after the date of receipt by the Secretary-General of the notification of denunciation.

Article 19

Termination

If, after the entry into force of this Convention, the number of States which are Contracting Parties is for any period of 12 consecutive months reduced to less than five, the Convention shall cease to have effect from the end of the 12-month period.

Article 20

Settlement of disputes

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, so far as possible, be settled by negotiation between them or by other means of settlement.

2. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which cannot be settled by the means indicated in paragraph 1 of this Article shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these arbitrators shall appoint another arbitrator, who shall be chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the chairman, any of the parties may request the Secretary General of the United Nations to appoint an arbitrator or the chairman of the arbitration tribunal.

3. The decision of the arbitration tribunal established under the provisions of paragraph 2 shall be final and binding on the parties to the dispute.

4. The arbitration tribunal shall determine its own rules of procedure.

5. The arbitration tribunal shall take its decisions by majority vote and on the basis of the treaties existing between the parties to the dispute and of general international law.

6. Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the parties for judgement to the arbitration tribunal which made the award.

7. Each party to the dispute shall bear the cost of its own appointed arbitrator and of its representatives in the arbitral proceedings; the cost of the chairman and the remaining costs shall be borne in equal parts by the parties to the dispute.

Article 21

Reservations

1. Any Contracting Party may, at the time of signing, ratifying, accepting or approving this Convention or acceding to it, declare that it does not consider itself bound by Article 20 (2) to (7) of this Convention. Other Contracting Parties shall not be bound by these paragraphs in respect of any Contracting Party which has entered such a reservation.

2. Any Contracting Party having entered a reservation as provided for in paragraph 1 of this Article may at any time withdraw such reservation by notifying the Secretary-General of the United Nations.

3. Apart from the reservations provided for in paragraph 1 of this Article, no reservation to this Convention shall be permitted.

Article 22

Procedure for amending this Convention

1. This Convention, including its Annexes, may be amended upon the proposal of a Contracting Party by the procedure specified in this Article.

2. Any proposed amendment to this Convention shall be considered in an Administrative Committee composed of all the Contracting Parties in accordance with the rules of procedure set out in Annex 7. Any such amendment considered or prepared during the meeting of the Administrative Committee and adopted by it shall be communicated by the Sectretary-General of the United Nations to the Contracting Parties for their acceptance.

3. Any proposed amendment communicated in accordance with the preceding paragraph shall come into force with respect to all Contracting Parties three months after the expiry of a period of 12 months following the date of communication of the proposed amendment during which period no objection to the proposed amendment has been communciated to the Secretary-General of the United Nations by a State which is a Contracting Party or by a regional economic integration organization, itself a Contracting Party, which then acts within the conditions specified in Article 16 (2) of this Convention.

4. If an objection to the proposed amendment has been communicated in accordance with paragraph 3 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect whatsoever.

Article 23

Requests, communications and objections

The Secretary-General of the United Nations shall inform all Contracting Parties and all States of any request, communication or objection under Article 22 and of the date on which any amendment enters into force.

Article 24

Review conference

After this Convention has been in force for five years, any Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing the Convention, indicating the proposals which should be dealt with by the conference. In such a case:

(i) The Secretary-General of the United Nations shall notify all the Contracting Parties of the request and invite them to submit, within a period of three months, their comments on the original proposals and such other proposals as they may wish the conference to consider.

(ii) The Secretary-General of the United Nations shall also communicate to all the Contracting Parties the text of any other proposals made and shall convene a review conference if, within a period of six months from the date of that communication, not less than one-third of the Contracting Parties notify the Secretary-General of the United Nations of their concurrence with the convening of such a conference.

(iii) However, if the Secretary-General of the United Nations considers that a review proposal may be regarded as a proposed amendment under paragraph 1 of Article 22, he may, by agreement with the Contracting Party which has made the proposal, implement the amendment procedure provided for by Article 22 instead of the review procedure.

Article 25

Notifications

In addition to the notifications and communications provided for in Articles 23 and 24, the Secretary-General of the United Nations shall notify all States of the following:

(a) signatures, ratifications, acceptances, approvals and accessions under Article 16;

(b) the dates of entry into force of this Convention in accordance with Article 17;

(c) denunciations under Article 18;

(d) the termination of this convention under Article 19;

(e) reservations under Article 21.

Article 26

Certified true copies

After 31 March 1984 the Secretary-General of the United Nations shall transmit two certified true copies of this Convention to each of the Contracting Parties and to all States which are not Contracting Parties.

Done at Geneva, this twenty-first day of October one thousand nine hundred and eighty-two, in a single original, of which the English, French, Russian and Spanish texts are equally authentic.

In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto, have signed this Convention.

ANNEX 1

HARMONIZATION OF CUSTOMS CONTROLS AND OTHER CONTROLS

Article 1

Principles

1. As the customs are present at all frontiers and as their interventions are of a general nature, other controls shall, as far as possible, be organized in a harmonized manner with customs controls.

2. In application of this principle, it is possible if appropriate to carry out all or part of these controls elsewhere than at the frontier, provided that the procedures used contribute to facilitate the international movement of goods.

Article 2

1. The customs shall be kept fully informed of the requirements prescribed by laws or regulations which may lead to the operation of controls other than customs controls.

2. When it is found that other controls are necessary, the customs shall ensure that the services concerned are informed and shall cooperate with them.

Article 3

Organization of controls

1. When several controls have to be carried out at the same place, the competent services shall make all appropriate arrangements to carry them out simultaneously, if possible, or with the minimum delay. They shall endeavour to coordinate their requirements as to documents and information.

2. In particular, the competent services shall make all appropriate arrangements for the necessary personnel and facilities to be available at the place where the controls are carried out.

3. The customs may, through explicit delegation of powers by the competent services, carry out on their behalf all or part of the controls of which these services are responsible. In this case, these services will see to it that the necessary means be furnished to customs.

Article 4

Result of controls

1. In all matters dealt with by this Convention, control services and customs shall exchange all relevant information as soon as possible so as to ensure that controls are efficient.

2. On the basis of the results of the controls carried out, the competent service shall decide on the subsequent treatment of the goods, and if necessary, shall inform the services responsible for other controls. On the basis of this decision customs shall subject the goods to the appropriate customs procedure.

ANNEX 2

MEDICO-SANITARY INSPECTION

Article 1

Principles

Wherever carried out, medico-sanitary inspection shall comply with the principles laid down in this Convention, and particularly in Annex 1 thereto.

Article 2

Information

Each Contracting Party shall ensure that information on the following is readily available to any person interested:

— the goods subject to medico-sanitary inspection;

— the places where the goods in question may be presented for inspection;

— the requirements as set out in laws and regulations concerning medico-sanitary inspection as well as their procedures of general application.

Article 3

Organization of controls

1. The control services shall see to it that the necessary facilities at frontier points where medico-sanitary inspection may take place are provided.

2. Medico-sanitary inspection may also be carried out at places in the interior of the country, if it is clear from the certificates produced and from the transport techniques employed, that the goods cannot deteriorate or cause contamination during carriage.

3. Within the framework of Conventions in force the Contracting Parties shall endeavour to reduce, as far as possible, the physical controls of perishable goods en route.

4. When goods have to be held pending the results of medico-sanitary inspection, the competent control services of the Contracting Parties shall arrange that such storage shall be in conditions providing for the conservation of the goods and involving the minimum of customs formalities.

Article 4

Goods in transit

Within the framework of Conventions in force the Contracting Parties shall, as far as possible, dispense with the medico-sanitary inspection of goods in transit in those circumstances where there is no risk of contamination.

Article 5

Cooperation

1. The medico-sanitary inspection services shall cooperate with the corresponding services of other Contracting Parties so as to expedite the passage of perishable goods subjected to medico-sanitary inspection inter alia through the exchange of useful information.

2. When a consignment of perishable goods is intercepted during medico-sanitary inspection, the competent service shall endeavour to notify the corresponding service of the country of exportation within as short a time as possible, indicating the reasons for the interception and the measures taken concerning the goods.

ANNEX 3

VETERINARY INSPECTION

Article 1

Principles

Wherever carried out, veterinary inspection shall comply with the principles laid down in the Convention, and particularly in Annex 1 thereto.

Article 2

Definitions

The veterinary inspection defined in Article 1 (d) of this Convention covers also the inspection of means and conditions of transport of animals and animal products. It may also include the inspections bearing on quality standards and the various regulations, such as the inspection aiming at the conservation of endangered species, which, for reasons of effectiveness, are often associated with the veterinary inspection.

Article 3

Information

Each Contracting Party shall ensure that information on the following is readily available to any person interested:

— the goods subject to veterinary inspection,

— the places where the goods may be presented for inspection,

— the compulsorily notifiable diseases,

— the requirements as set out in laws and regulations concerning veterinary inspection as well as their procedures of general application.

Article 4

Organization of controls

1. The Contracting Parties shall endeavour: — to set up, where necessary and possible, appropriate facilities for veterinary inspection, in conformity with traffic requirements, — to facilitate the movement of goods, in particular through the coordination of working hours of the veterinary and customs services and agreement to effect clearance outside normal hours, where their arrival has been notified in advance.

2. The veterinary inspection of animal products may be undertaken at points within the country provided that it can be shown, and the means of transport used are such, that the products will not deteriorate or cause contamination during their transport.

3. Within the framework of Conventions in force the Contracting Parties shall endeavour to reduce, as far as possible, the physical controls of perishable goods en route.

4. When goods have to be held pending the results of veterinary inspection, the competent control services of the Contracting Parties shall arrange that such storage shall take place with the minimum of customs formalities and in conditions providing for the quarantine safety and conservation of the goods.

Article 5

Goods in transit

Within the framework of Conventions in force the Contracting Parties shall, as far as possible, dispense with the veterinary inspection of animal products in transit in those circumstances where there is no risk of contamination.

Article 6

Cooperation

1. The veterinary inspection services shall cooperate with the corresponding services of other Contracting Parties so as to expedite the passage of goods subjected to veterinary inspection inter alia through the exchange of useful information.

2. When a consignment of perishable goods or live animals is intercepted during veterinary inspection, the competent service shall endeavour to notify the corresponding service of the country of exportation within as short a time as possible, indicating the reasons for the interception and the measures taken concerning the goods.

ANNEX 4

PHYTOSANITARY INSPECTION

Article 1

Principles

Wherever carried out, phytosanitary inspection shall comply with the principles laid down in this Convention, and particularly in Annex 1 thereto.

Article 2

Definitions

The phytosanitary inspection defined in Article 1 (e) of the present Convention covers also the inspection of means and conditions of transport of plants and plant products. It may also cover the measures aiming at the conservation of endangered plant species.

Article 3

Information

Each Contracting Party shall ensure that information on the following is readily available to any person interested:

— the goods subject to special phytosanitary conditions,

— the places where particular plants and plant products may be presented for inspection,

— the list of pests of plants and plant products for which prohibitions and restrictions are in force,

— the list of requirements as set out in laws and regulations concerning phytosanitary inspection as well as their procedures of general application.

Article 4

Organization of controls

1. The Contracting Parties shall endeavour: — to set up, where necessary and possible, appropriate phytosanitary inspection, storage, and disinfestation and disinfection facilities, in conformity with traffic requirements, — to facilitate the movement of goods, in particular through the coordination of working hours of the phytosanitary and customs services and agreement to effect clearance of perishable goods outside normal hours where their arrival has been notified in advance.

2. The phytosanitary inspection of plants and plant products may be undertaken at points within the country provided that it can be shown, and the means of transport used are such, that the goods will not cause infestation during their transport.

3. Within the framework of Conventions in force the Contracting Parties shall endeavour to reduce, as far as possible, the physical controls of perishable plants and plant products en route.

4. When goods have to be held pending the results of phytosanitary inspection, the competent control services of the Contracting Parties shall arrange that such storage shall take place with the minimum of customs formalities and in conditions providing for the quarantine safety and conservation of the goods.

Article 5

Goods in transit

Within the framework of Conventions in force the Contracting Parties shall, as far as possible, dispense with the phytosanitary inspection of goods in transit, unless such measures are necessary for the protection of their own plants.

Article 6

Cooperation

1. The phytosanitary services shall cooperate with the corresponding services of other Contracting Parties so as to expedite the passage of plants and plant products subjected to phytosanitary inspection inter alia through the exchange of useful information.

2. When a consignment of plants or plant products is intercepted during phytosanitary inspection, the competent service shall endeavour to notify the corresponding service of the country of exportation within as short a time as possible, indicating the reasons for the interception and the measures taken concerning the goods.

ANNEX 5

CONTROL OF COMPLIANCE WITH TECHNICAL STANDARDS

Article 1

Principles

Wherever carried out, the control of compliance with technical standards relating to the goods covered by this Convention, shall comply with the principles laid down in the Convention, and particularly in Annex 1 thereto.

Article 2

Information

Each Contracting Party shall ensure that information on the following is readily available to any person interested:

— the standards applied by it,

— the places where the goods may be presented for inspection,

— the requirements as set out in laws and regulations concerning the control of compliance with technical standards as well as their procedures of general application.

Article 3

Harmonization of standards

In the absence of international standards, Contracting Parties which apply national standards shall endeavour to harmonize them by way of international agreements.

Article 4

Organization of controls

1. The Contracting Parties shall endeavour: — to set up, where necessary and possible, stations for the control of compliance with technical standards, in conformity with traffic requirements, — to facilitate the movement of goods, in particular through the coordination of working hours of the service responsible for the control of compliance with technical standards and the customs services and agreement to effect clearance of perishable goods outside normal hours where their arrival has been notified in advance.

2. The control of compliance with technical standards may also be undertaken at points within the country provided that it can be shown, and the means of transport used are such, that the goods, and especially perishable goods, will not deteriorate during their transport.

3. Within the framework of Conventions in force the Contracting Parties shall endeavour to reduce, as far as possible, the physical controls en route of perishable goods subjected to control of compliance with technical standards.

4. The Contracting Parties shall organize control of compliance with technical standards, harmonizing wherever possible the procedures of the service responsible for these controls with those of any services responsible for other controls and inspections.

5. In the case of perishable goods held pending the results of control of compliance with technical standards, the competent control services of the Contracting Parties shall ensure that the storage of the goods or the parking of transport equipment shall take place with the minimum of customs formalities and in conditions providing for the conservation of the goods.

Article 5

Goods in transit

The controls of compliance with technical standards do not normally apply to goods in through transit.

Article 6

Cooperation

1. The services responsible for the control of compliance with technical standards shall cooperate with the corresponding services of other Contracting Parties so as to expedite the passage of perishable goods subjected to control of compliance with technical standards inter alia through the exchange of useful information.

2. When a consignment of perishable goods is intercepted during control of compliance with technical standards, the competent service shall endeavour to notify the corresponding service of the country of exportation within as short a time as possible, indicating the reasons for the interception and the measures taken concerning the goods.

ANNEX 6

QUALITY CONTROL

Article 1

Principles

Wherever carried out, quality control of the goods covered by this Convention, shall comply with the principles laid down in the Convention, and particularly in Annex 1 thereto.

Article 2

Information

Each Contracting Party shall ensure that information on the following is readily available to any person interested:

— the place where the goods may be presented for inspection,

— the requirements as set out in laws and regulations concerning quality control as well as their procedures of general application.

Article 3

Organization of controls

1. The Contracting Parties shall endeavour: — to set up, where necessary and possible, quality control stations, in conformity with traffic requirements; — to facilitate the movement of goods, in particular through the coordination of working hours of the quality control and customs services and agreement to effect clearance of perishable goods outside normal hours where their arrival has been notified in advance.

2. The quality control may be undertaken at points within the country provided that the procedures used contribute to facilitate the international movement of goods.

3. Within the framework of Conventions in force the Contracting Parties shall endeavour to reduce, as far as possible, the physical controls en route of perishable goods subjected to quality control.

4. The Contracting Parties shall organize quality control, harmonizing wherever possible the procedures of the service responsible for this control with those of any services responsible for other controls and inspections.

Article 4

Goods in transit

Quality controls do not normally apply to goods in through transit.

Article 5

Cooperation

1. The quality control services shall cooperate with the corresponding services of other Contracting Parties so as to expedite the passage of perishable goods subjected to quality control inter alia through the exchange of useful information.

2. When a consignment of perishable goods is intercepted during quality control, the competent service shall endeavour to notify the corresponding service of the country of exportation within as short a time as possible, indicating the reasons for the interception and the measures taken concerning the goods.

ANNEX 7

RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE REFERRED TO IN ARTICLE 22 OF THIS CONVENTION

Article 1

Members

The members of the Administrative Committee shall be the Contracting Parties to this Convention.

Article 2

Observers

1. The Administrative Committee may decide to invite the competent administrations of all States which are not Contracting Parties, or representatives of international organizations which are not Contracting Parties, to attend, for questions which interest them, the sessions of the Committee as observers.

2. However, without prejudice to Article 1, the international organizations referred to in paragraph 1 which are competent for the subjects dealt with in the Annexes to this Convention, shall have the right to participate as observers in the work of the Administrative Committee.

Article 3

Secretariat

The Secretariat of the Committee shall be provided by the Executive Secretary of the Economic Commission for Europe.

Article 4

Convocations

The Executive Secretary of the Economic Commission for Europe shall convene the Committee:

(i) two years after the Convention entered into force;

(ii) thereafter, at a date fixed by the Committee, but not less frequently than every five years;

(iii) at the request of the competent administrations of at least five States which are Contracting Parties.

Article 5

Officers

The Committee shall elect a chairman and a vice-chairman on the occasion of every session.

Article 6

Quorum

A quorum consisting of not less than one-third of the States which are Contracting Parties is required for the purposes of taking decisions.

Article 7

Decisions

(i) Proposals shall be put to the vote.

(ii) Each State which is a Contracting Party represented at the session shall have one vote.

(iii) Where Article 16 (2) of the Convention applies, the regional economic integration organizations parties to the Convention shall have in case of voting only a number of votes equal to the total votes allotted to their Member States which are also parties to the Convention. In this latter case, these Member States do not exercise their right to vote.

(iv) Subject to the provisions of subparagraph (v) below, proposals shall be adopted by a simple majority of the members present and voting in accordance with the conditions specified in subparagraphs (ii) and (iii) above.

(v) Amendments to this Convention shall be adopted by a two-thirds majority of the members present and voting in accordance with the conditions specified in subparagraphs (ii) and (iii) above.

Article 8

Report

Before the closure of its session, the Committee shall adopt its report.

Article 9

Supplementary provisions

In the absence of relevant provisions in this Annex, the Rules of Procedure of the Economic Commission for Europe shall be applicable, unless the Committee decides otherwise.

▼M1

ANNEX 8 TO THE INTERNATIONAL CONVENTION ON THE HARMONISATION OF FRONTIER CONTROLS OF GOODS

FACILITATION OF BORDER CROSSING PROCEDURES FOR INTERNATIONAL ROAD TRANSPORT







Article 1

Principles

Complementing the provisions of the Convention and in particular those provided in Annex 1, the present Annex intends to define the measures that need to be implemented in order to facilitate border crossing procedures for international road transport.

Article 2

Facilitation of visa procedures for professional drivers

1. The Contracting Parties should endeavour to facilitate the procedures for the granting of visas for professional drivers engaged in international road transport in accordance with national best practice for all visa applicants and national immigration rules as well as international commitments.

2. The Contracting Parties agree to regularly exchange information on best practices with regard to the facilitation of visa procedures for professional drivers.

Article 3

International road transport operations

1. In order to facilitate the international movement of goods, the Contracting Parties shall regularly inform all parties involved in international transport operations in a harmonised and coordinated manner on border control requirements for international road transport operations in force or planned as well as on the actual situation at borders.

2. Contracting Parties shall endeavour to transfer, to the extent possible and not only for transit traffic, all necessary control procedures to the places of departure and destination of the goods transported by road so as to alleviate congestion at the border crossing points.

3. Referring in particular to Article 7 of this Convention, priority shall be given to urgent consignments, e.g. live animals and perishable goods. In particular, the competent services at border crossing points: (i) shall take the necessary measures to minimise waiting times for ATP-approved vehicles transporting perishable foodstuffs or for vehicles transporting live animals, as from their time of arrival at the frontier until their regulatory, administrative, Customs and sanitary controls; (ii) shall ensure that the required controls mentioned under (i) are carried out as quickly as possible; (iii) shall allow, as far as possible, the operation of the necessary refrigerating units of vehicles carrying perishable foodstuffs during the time of crossing the border, unless this is impossible as a result of the required control procedure; (iv) shall cooperate, in particular through advance information exchange, with their counterparts in other Contracting Parties in order to accelerate border crossing procedures for perishable foodstuffs and live animals, in case these loads are subject to sanitary inspections.

Article 4

Vehicle inspection

1. The Contracting Parties, not yet Parties to the Agreement Concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections (1997), should endeavour, in line with relevant national and international laws and regulations, to facilitate the crossing of road vehicles across borders by accepting the International Technical Inspection Certificate as provided for in this Agreement. The Technical Inspection Certificate, as contained in the Agreement as of 1 January 2004, is contained in Appendix 1 to this Annex.

2. With a view to identifying ATP-approved vehicles carrying perishable foodstuffs, the Contracting Parties may utilise the distinguishing marks affixed to the relevant equipment and the ATP certificate or plate of approval provided for in the Agreement on the International Carriage of Perishable Foodstuffs and the Special Equipment to be used for such Carriage (1970).

Article 5

International Vehicle Weight Certificate

1. In order to accelerate border crossings, the Contracting Parties, in line with relevant national and international laws and regulations, should endeavour to avoid repetitive vehicle weighing procedures at border crossings by accepting and mutually recognising the International Vehicle Weight Certificate as contained in Appendix 2 to this Annex. In case the Contracting Parties accept such certificates, no further weight measurements shall be carried out apart from random checks and controls in the case of supposed irregularities. Vehicle weight measurements recorded in such certificates shall take place only in the country of origin of international transport operations. The results of such measurements shall be duly reflected and certified in such certificates.

2. Each Contracting Party, accepting the International Vehicle Weight Certificate, shall publish a list of all weighing stations in their country authorised in accordance with international principles as well as any modification thereto. This list as well as any modification thereto shall be transmitted to the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) for distribution to each Contracting Party and to the international organisations referred to in Annex 7, Article 2 to this Convention.

3. The minimum requirements for authorised weighing stations, the principles of authorisation and the basic features of weighing procedures to be applied are contained in Appendix 2 to this Annex.

Article 6

Border crossing points

In order to ensure that the required formalities at border crossing points are streamlined and accelerated, the Contracting Parties shall meet, as far as possible, the following minimum requirements for border crossing points open for international goods traffic:

(i) facilities enabling joint controls between neighbouring States (one-stop technology), 24 hours a day, whenever justified by trade needs and in line with road traffic regulations;

(ii) separation of traffic for different types of traffic on both sides of the border allowing to give preference to vehicles under the cover of valid international Customs transit documents or carrying live animals or perishable foodstuffs;

(iii) off-lane control areas for random cargo and vehicle checks;

(iv) appropriate parking and terminal facilities;

(v) proper hygiene, social and telecommunications facilities for drivers;

(vi) encourage forwarding agents to establish adequate facilities at border crossings with the intention that they can offer services to transport operators on a competitive basis.

Article 7

Reporting mechanism

With regard to Articles 1 to 6 of this Annex, the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) shall carry out, every second year, a survey among Contracting Parties on progress made to improve border crossing procedures in their countries.

Appendix 1 to Annex 8 to the Convention

INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE ( 2 )

In accordance with the Agreement Concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections (1997), entered into force on 27 January 2001.

1. Accredited Technical Inspection Centres are responsible for conducting the inspection tests, granting the approval of compliance with the inspection requirements of the relevant rule(s) annexed to the 1997 Vienna Agreement, and specifying the latest date of next inspection to be indicated in line No 12.5 of the International Technical Inspection Certificate, the model of which is reproduced hereafter.

2. The International Technical Inspection Certificate shall contain the information indicated hereafter. It may be a booklet in format A6 (148 × 105 mm), with a green cover and white inside pages, or a sheet of green or white paper of format A4 (210 × 197) folded to format A6 in such a way that the section containing the distinguishing sign of the State or of the United Nations forms the top of the folded certificate.

3. Items of the certificate and their content shall be printed in the national language of the issuing Contracting Party by maintaining the numbering.

4. The periodical inspection reports which are in use in the Contracting Parties to the Agreement may be used as an alternative. A sample of them shall be transmitted to the Secretary-General of the United Nations for information to the Contracting Parties.

5. Handwritten, typed or computer generated entries on the International Technical Inspection Certificate to be made exclusively by the competent authorities, shall be in Latin characters.

Appendix 2 to Annex 8 to the Convention

INTERNATIONAL VEHICLE WEIGHT CERTIFICATE

1. The objective of the International Vehicle Weight Certificate (IVWC) is to facilitate border crossing procedures and, in particular, to avoid repetitive weight measurements of goods road vehicles en route in the Contracting Parties. Duly filled-in certificates, accepted by the Contracting Parties, shall be accepted as bearing valid weight measurements by the competent authorities of Contracting Parties. Competent authorities shall refrain from requiring additional weight measurements apart from random checks and controls in the case of supposed irregularities.

2. The International Vehicle Weight Certificate, which shall conform to the model reproduced below in this Appendix, shall be issued and used under the supervision of a designated Governmental authority in each Contracting Party accepting such certificates in line with the procedure described in the annexed certificate.

3. The use of the certificate by transport operators is optional.

4. The Contracting Parties, accepting such certificates, shall approve authorised weighing stations to fill in, together with the operator/driver of the goods road vehicle, the International Vehicle Weight Certificate in accordance with the following minimum requirements:

(a) Weighing stations shall be equipped with certified weighing instruments. For performing the weight measurements, the Contracting Parties accepting such certificates may select the method and instruments they consider appropriate. The Contracting Party accepting such certificates shall ensure the competence of the weighing stations by, for example, an accreditation or assessment process and shall ensure to use of appropriate weighing instruments, the deployment of qualified personnel, and the existence of properly documented quality control systems and testing procedures.

(b) The weighing stations and their instruments shall be well maintained. The instruments shall be regularly verified and sealed by the relevant authorities responsible for weights and measures. The weighing instruments, their maximum permissible errors and usage shall comply with the Recommendations established by the International Organisation for Legal Metrology (OIML).

(c) Weighing stations shall be equipped with weighing instruments corresponding to either: — OIML Recommendation R 76 ‘Non-automatic weighing instruments’ accuracy Class III or better, — OIML Recommendation R 134 ‘Automatic instruments for weighing road vehicles in motion’, accuracy Classes 2, or better, higher error values may apply in case of individual axle weight measurements.

5. In exceptional cases and, particularly when irregularities are suspected, or at the demand of the transport operator/driver of the respective road vehicle, the competent authorities may re-weigh the vehicle. In case a weighing station produces several mistaken measurements, observed by the control authorities in a Contracting Party accepting such certificates, the competent authorities of the country of the weighing station shall take appropriate measures in order to ensure that such events will not occur again.

6. The model of the certificate may be reproduced in any of the languages of the Contracting Parties accepting such certificates provided that the layout of the certificate and the placing of the items therein are not modified.

7. Each Contracting Party accepting such certificates, shall publish a list of all weighing stations in their countries authorised in accordance with international principles as well as any modifications thereto. This list as well as any modification thereto shall be transmitted to the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) for distribution to each Contracting Party and to the international organisations referred to in Annex 7, Article 2 to this Convention.

8. (Transitional provision) Since only very few weighing stations are equipped at present with weighing instruments able to provide individual axle weight or axle group measurements, the Contracting Parties, accepting such certificates agree that, during a transitional period, expiring 12 months following the entry into force of this Annex, gross vehicle weight measurements as provided for under item 7.3 in the International Vehicle Weight Certificate shall be sufficient and shall be accepted by the competent national authorities.

ATTACHMENT

to the INTERNATIONAL VEHICLE WEIGHT CERTIFICATE (IVWC)

Sketches of types of goods road vehicles as required under item 7.1 of the IVWC







No Goods road vehicles Vehicle Type * means first alternative axle configuration ** means second alternative axle configuration Distance between axles (m) (1) I. RIGID VEHICLES 1 A2 D < 4.0 2 A2* D ≥ 4.0 3 A3 4 A4 5 A3* 6 A4* 7 A5 II. COMBINATION OF VEHICLES (coupled vehicles according to the Convention on Road Traffic (1968), Chapter I, Article 1 (t) 1 A2 T2 2 A2 T3 3 A3 T2 4 A3 T3 5 A3 T3* 6 A2 C2 7 A2 C3 8 A3 C2 9 A3 C3 10 A2 C1 11 A3 C1 III. ARTICULATED VEHICLES 1 with 3 axles A2 S1 2 with 4 axles (single or tandem) A2 S2 D ≤ 2.0 A2 S2* D > 2.0 A3 S1 3 With 5 or 6 axles (single, tandem, triple) A2 S3 A2 S3* A2 S3** A3 S2 D ≤ 2.0 A3 S2* D > 2.0 A3 S3 A3 S3* A3 S3** Without sketch An Sn ( 1 ) No specification is given if not relevant

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ANNEX 9

FACILITATION OF BORDER CROSSING PROCEDURES FOR INTERNATIONAL RAIL FREIGHT

Article 1

Principles

1. This Annex, supplementing the provisions of the Convention, is intended to define the steps that need to be taken to facilitate and expedite the crossing of borders for international rail freight.

2. The Contracting Parties shall undertake to cooperate in order to standardise as fully as possible formalities and requirements in respect of documents and procedures in all areas connected with the carriage of goods by rail.

Article 2

Definition

‘Border (interchange) station’ shall mean a railway station where operational or administrative procedures are performed in view of enabling a border crossing of rail freight. This railway station may be at the border or near the border.

Article 3

Crossing of borders by officials and other persons engaged in international rail transport

1. The Contracting Parties shall endeavour to facilitate the procedures for granting of visas for locomotive crews, refrigerated unit crews, persons accompanying freight shipments and staff at border (interchange) stations engaged in international rail transport in accordance with national best practice for all visa applicants.

2. The border crossing procedure for the persons listed in paragraph 1, including official documents confirming their status, shall be determined on the basis of bilateral agreements.

3. When a joint control is carried out, the officials of the border, customs and other agencies that conduct controls at border (interchange) stations shall, in the performance of their official duties, cross the State frontier using documents stipulated by the Contracting Parties for their nationals.

Article 4

Requirements for border (interchange) stations

To rationalise and expedite the required formalities at border (interchange) stations, the Contracting Parties shall observe the following minimum requirements for border (interchange) stations open to international rail freight traffic:

(1) Border (interchange) stations shall have buildings (premises), plant, facilities and technical equipment enabling them to carry out daily and round-the-clock controls, if this is justified and is appropriate to the volume of freight traffic;

(2) Border (interchange) stations where phytosanitary, veterinary and other controls are carried out shall be provided with technical equipment;

(3) The carrying and traffic capacity of border (interchange) stations and adjacent tracks must be adequate for the volume of traffic;

(4) Inspection areas must be available, as well as warehousing for the temporary storage of goods subject to customs or other forms of control;

(5) Equipment, facilities, information technology and communications systems must be available to enable the exchange in advance of information, including on goods approaching border (interchange) stations, as contained in the railway consignment note and customs declaration;

(6) Sufficient qualified staff of the railway, customs, border and other agencies must be on hand at border (interchange) stations to cope with the freight volumes involved;

(7) Border (interchange) stations shall have the technical equipment, facilities, information technology and communications systems to be able, prior to the arrival of rolling stock at the border, to receive and use data concerning the technical approval and the technical inspections of the rolling stock made by authorities and railways within the framework of their competence, unless Contracting Parties put in place alternative arrangements to fulfil these functions.

Article 5

Cooperation between adjacent countries at border (interchange) stations

In accordance with the provisions of Article 7 of the Convention, Contracting Parties shall coordinate actions with respect to the controls of rolling stock, containers, piggyback semi-trailers and goods as well as the processing of shipping and accompanying documentation and shall endeavour to arrange all forms of joint controls on the basis of bilateral agreements.

Article 6

Controls

The Contracting Parties:

(1) Shall establish a mechanism for reciprocal recognition of all forms of control of rolling stock, containers, piggyback semi-trailers and goods, provided the objectives thereof coincide;

(2) Shall carry out customs controls relying on the principle of selection on the basis of risk evaluation and management. As a general rule, if required information on the goods has been provided and if the goods are contained in a properly closed and sealed rolling stock unit, container, piggyback semi-trailer or wagon, physical examination shall not be carried out;

(3) Shall carry out simplified controls at border (interchange) stations and shall, as far as possible, move certain forms of controls to the stations of departure and destination;

(4) Without prejudice to Article 10 of the Convention, Article 4 of Annex 2, Article 5 of Annex 3 and Article 5 of Annex 4, shall carry out inspections of transit goods only in cases where these are warranted by the actual circumstances or risks.

Article 7

Time limits

1. The Contracting Parties shall ensure compliance with the time limits specified in bilateral agreements for technical operations involving the reception and transfer of trains at border (interchange) stations, including all types of controls, and shall endeavour to reduce these time limits by improving the technology and equipment used. The Contracting Parties shall undertake to reach a maximum reduction in the time limit in the coming years.

2. The Contracting Parties shall record delays of the trains or wagons at border (interchange) stations and transmit the information to the parties involved which conduct subsequent analysis and propose measures to reduce the delays.

Article 8

Documentation

1. The Contracting Parties shall ensure that shipping and accompanying documents are properly formulated in accordance with the legislation of the importing and transit countries.

2. In their mutual relations, the Contracting Parties shall endeavour to reduce paper documents and to simplify documentation procedures by using electronic systems for the exchange of information corresponding to the information contained in railway consignment notes and customs declarations accompanying the goods, drawn up in accordance with the legislation of the Contracting Parties.

3. The Contracting Parties shall endeavour to provide the customs authorities in advance with information on goods arriving at border (interchange) stations as contained in the railway consignment note and customs declaration. The format, and the procedure and deadlines for providing the information, shall be determined by the Contracting Parties.

Article 9

Use of the CIM/SMGS railway consignment note

The Contracting Parties may use, instead of the other shipping documents currently stipulated by international treaties, the CIM/SMGS railway consignment note, which at the same time could be a customs document.