01987A0813(01) — EN — 04.12.2019 — 006.001

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Corrected by:









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CONVENTION ON A COMMON TRANSIT PROCEDURE







THE REPUBLIC OF AUSTRIA, THE REPUBLIC OF FINLAND, THE REPUBLIC OF ICELAND, THE KINGDOM OF NORWAY, THE KINGDOM OF SWEDEN, THE SWISS CONFEDERATION, hereinafter called the EFTA countries, THE EUROPEAN ECONOMIC COMMUNITY, hereinafter called the Community, CONSIDERING the Free Trade Agreements between the Community and each of the EFTA countries, CONSIDERING the Joint Declaration calling for the creation of a European economic space, adopted by Ministers of the EFTA countries and the Member States of the Community and the Commission of the European Communities in Luxembourg on 9 April 1984, especially with regard to simplification of border formalities and rules of origin, CONSIDERING the Convention on the simplification of formalities in trade in goods, concluded between the EFTA countries and the Community, introducing a single administrative document for use in such trade, CONSIDERING that the use of this single document within the framework of a common transit procedure for the carriage of goods between the Community and the EFTA countries and between the EFTA countries themselves would lead to simplification, CONSIDERING that the most appropriate way of achieving this aim would be to extend to those EFTA countries which do not apply it the transit procedure which currently applies to the carriage of goods within the Community, between the Community and Austria and Switzerland, and between Austria and Switzerland, CONSIDERING also the Nordic transit order applied between Finland, Norway and Sweden, HAVE DECIDED to conclude the following Convention:







General provisions

Article 1

1. This Convention lays down measures for the carriage of goods in transit between the Community and the EFTA countries as well as ►M38 between the common transit countries themselves ◄ , including, where applicable, goods transhipped, reconsigned or warehoused, by introducing a common transit procedure regardless of the kind and origin of the goods.

2. Without prejudice to the provisions of this Convention and in particular those concerning guarantees, goods circulating within the Community are deemed to be placed under the ►M38 Union transit procedure ◄ .

3. Subject to the provisions of Articles 7 to 12 below, the rules governing the common transit procedure are set out in Appendices I and II to this Convention.

4. Transit declarations and transit documents for the purposes of the common transit procedure shall conform to and be made out in accordance with Appendix III.

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Article 2

1. The common transit procedure shall hereinafter be described as the T1 procedure or the T2 procedure, as the case may be.

2. The T1 procedure may be applied to any goods carried in accordance with Article 1, paragraph 1.

3. The T2 procedure shall apply to goods carried in accordance with Article 1, paragraph 1:

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(a) in the Community: only when the goods are Union goods. ‘Union goods’ shall mean goods which fall into any of the following categories: — goods wholly obtained in the customs territory of the Community and not incorporating goods imported from countries or territories outside the customs territory of the Community; — goods brought into the customs territory of the Community from countries or territories outside that territory and released for free circulation; — goods obtained or produced in the customs territory of the Community, either solely from goods referred to in the second indent or from goods referred to in the first and second indents. ▼M6 ►M38 ◄ . However, without prejudice to this Convention, or to other Agreements concluded by the Community, goods which, although fulfilling the conditions laid down in one of the preceding three indents, are reintroduced into the customs territory of the Community after being exported outside that territory shall be deemed not to beUnion goods

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(b) in a common transit country: Only when the goods have arrived in that country under the T2 procedure and are reconsigned under the special conditions laid down in Article 9 below.

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4. The special conditions laid down in this Convention in respect of placing goods under the T2 procedure shall apply also to the issue of documents certifying ►M38 the customs status of Union goods ◄ and goods covered by such a document shall be treated in the same way as goods carried under the T2 procedure, except that the document certifying ►M38 the customs status of Union goods ◄ need not accompany them.

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Article 3

1. For the purposes of this Convention, the term:

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(a) ‘transit’ shall mean a procedure under which goods are carried under the control of the competent authorities from one Contracting Party to another Contracting Party or to the same Contracting Party over at least one frontier;

(b) ‘country’ shall mean any common transit country, any Member State of the Community, or any other State which has acceded to this Convention;

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(c) ‘third country’ shall mean any State which is not Contracting Party to this Convention;

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(d) ‘common transit country’ shall mean any country, other than a Member State of the Community, that is a Contracting Party to this Convention.

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3. In the application of the rules laid down in this Convention for the T1 or T2 procedure, the ►M38 common transit countries ◄ and the Community and its Member States shall have the same rights and obligations.

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Article 4

1. This Convention shall be without prejudice to the application of any other international agreement concerning a transit procedure, subject to any limitations to such application in respect of the carriage of goods from one point in the Community to another point in the Community and to any limitations on the issue of documents certifying the Community status of goods.

2. This Convention shall be without prejudice also to:

(a) movements of goods under a temporary admission procedure; and

(b) agreements concerning frontier traffic.

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Article 5

In the absence of an agreement between the Contracting Parties and a third country whereby goods moving between the Contracting Parties may be carried across that third country under the T1 or T2 procedure, such a procedure shall apply to goods carried across that third country only if the carriage across that country is effected under cover of a single transport document drawn up in the territory of a Contracting Party and the operation of that procedure is suspended in the territory of the third country.

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Article 6

Provided that the implementation of any measures applicable to the goods is ensured, countries may, within the T1 or T2 procedure, introduce among themselves simplified procedures, by means of bilateral or multilateral agreements, which shall conform to criteria to be laid down, where necessary, in ►M21 Appendix I ◄ and which shall be applicable to certain types of traffic or to designated undertakings.

Such agreements shall be communicated to the Commission of the European Communities and to the other countries.

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Implementation of the transit procedure

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Article 7

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1. Subject to any special provisions of this Convention, the competent offices of the common transit countries are empowered to assume the functions of customs offices of departure, customs offices of transit, customs offices of destination and customs offices of guarantee.

2. The competent offices of the Member States of the Community shall be empowered to accept T1 or T2 declarations for transit to a customs office of destination situated in a common transit country. Subject to any special provisions of this Convention, they shall be also certifying the customs status of Union goods for those goods.

3. Where several consignments of goods are grouped together and loaded on a single means of transport, and are dispatched as a consolidated load by one holder of the procedure in a single T1 or T2 operation, from one customs office of departure to one customs office of destination for delivery to one consignee, a Contracting Party may require that those consignments shall save in exceptional, duly justified cases, be included in one single T1 or T2 declaration with the corresponding list of items.

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4. Notwithstanding the requirement for ►M38 the customs status of Union goods ◄ to be certified where applicable, a person completing export formalities at the frontier customs office of a Contracting Party shall not be required to place the goods consigned under the T1 or the T2 procedure, irrespective of the customs procedure under which the goods will be placed at the neighbouring frontier customs office.

5. Notwithstanding the requirement for ►M38 the customs status of Union goods ◄ to be certified where applicable, the frontier customs office of the Contracting Party where export formalities are completed may refuse to place the goods under the T1 or T2 procedure if that procedure is to end at the neighbouring frontier customs office.

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Article 8

No addition, removal or substitution may be made in the case of goods forwarded under cover of a T1 or T2 ►M21 procedure ◄ , in particular when consignments are split up, transhipped or bulked.

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Article 9

1. Goods which are brought into ►M38 a common transit country ◄ under the T2 procedure and may be reconsigned under that procedure shall remain at all times under the control of the customs authorities of that country to ensure that there is no change in their identity or state.

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2. Where such goods are reconsigned from a common transit country after having been placed, in that common transit country, under a customs procedure other than a transit or a warehousing procedure, no T2 procedure may be applied.

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This provision shall, however, not apply to goods which are admitted temporarily to be shown at an exhibition, fair or similar public display and which have received no treatment other than that needed for their preservation in their original state or for splitting up consignments.

3. Where goods are reconsigned ►M38 from a common transit country ◄ after storage under a warehousing procedure, the T2 procedure may be applied only on the following conditions:

— that the goods have not been warehoused over a period exceeding five years; however, as regards goods falling within Chapters 1 to 24 of the Nomenclature for the Classification of Goods in Customs Tariffs (International Convention on the Harmonized Commodity Description and Coding System of 14 June 1983), that period shall be limited to six months,

— that the goods have been stored in special spaces and have received no treatment other than that needed for their preservation in their original state, or for splitting up consignments without replacing the packaging,

— that any treatment has taken place under customs supervision.

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4. Any T2 declaration accepted or any document certifying the customs status of Union goods issued by a competent office of a common transit country shall bear a reference to the corresponding T2 declaration or document certifying the customs status of Union goods under which the goods arrived in that common transit country and shall include all special endorsements appearing thereon.

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Article 10

1. Except where otherwise provided for in paragraph 2 below or in the Appendices, any T1 or T2 operation shall be covered by a guarantee valid for all Contracting Parties involved in that operation.

2. The provisions of paragraph 1 shall not prejudice the right:

(a) of Contracting Parties to agree among themselves that the guarantee shall be waived for T1 or T2 operations involving only their territories;

(b) of a Contracting Party not to require a guarantee for the part of a T1 or T2 operation between the office of departure and the first office of transit.

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Article 11

1. As a general rule, identification of the goods shall be ensured by sealing.

2. The following shall be sealed:

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(a) the space containing the goods, where the means of transport or the container has been approved under other regulations or recognised by the customs office of departure as suitable for sealing;

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(b) each individual package in other cases.

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3. The customs office of departure shall consider means of transport and containers to be suitable for sealing on the following conditions:

(a) seals can be simply and effectively affixed to the means of transport or the container;

(b) the means of transport or the container is so constructed that when goods are removed or introduced, the removal or introduction leaves visible traces, the seals are broken or show signs of tampering, or an electronic monitoring system registers the removal or introduction;

(c) the means of transport or the container contains no concealed spaces where goods may be hidden;

(d) the spaces reserved for the goods are readily accessible for inspection by the customs authorities.

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4. ►M38 The customs office of departure ◄ may dispense with sealing if, having regard to other possible measures for identification, the description of the goods in the declaration data or in the supplementary documents makes them readily identifiable.

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Article 12

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3. The ►M38 holder of the procedure ◄ or his authorized representative shall, at the request of the national departments responsible for transit statistics, provide any information relating ►M21 to the T1 or T2 ►M38 declarations ◄ ◄ necessary for the compilation of statistics.







Administrative assistance

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Article 13

1. The competent authorities of the countries concerned shall furnish each other with any information at their disposal which is of importance in order to verify the proper application of this Convention.

2. Where necessary, the competent authorities of the countries concerned shall communicate to one another all findings, documents, reports, records of proceedings and information relating to transport operations carried out under the T1 or T2 procedure as well as to irregularities or infringements in connection with such operations.

Furthermore, where necessary, they shall communicate to one another all findings relating to goods in respect of which mutual assistance is provided for and which have been subject to a customs warehousing procedure.

3. Where irregularities or infringements are suspected in connection with goods which have been brought into one country from another country or have passed through a country or have been stored under a warehousing procedure, the competent authorities of the countries concerned shall on request communicate to one another all information concerning:

(a) the conditions under which those goods were carried: — ►M21 ◄ or a document certifying ►M38 ◄ , or whatever the way in which they were reconsigned, where they arrived in the country to which the request is addressed under coverof a T1 or T2 procedureor a document certifyingthe customs status of Union goods, or — ►M21 ◄ or a document certifying ►M38 ◄ ; whatever the way in which they arrived, where they were reconsigned from the country to which the request is addressed under coverof a T1 or T2 procedureor a document certifyingthe customs status of Union goods

(b) the conditions of any warehousing of those goods where they arrived in the country to which the request is addressed under cover ►M21 of a T2 procedure ◄ or a document certifying ►M38 the customs status of Union goods ◄ or where they were reconsigned from that country under cover ►M21 of a T2 procedure ◄ or a document certifying ►M38 the customs status of Union goods ◄ .

4. Any request made under paragraphs 1 to 3 shall specify the case or cases to which it refers.

5. If the competent authority of a country requests assistance which it would not be able to give if requested, it will draw attention to that fact in the request. Compliance with such a request will be within the discretion of the competent authority to whom the request is made.

6. Information obtained in accordance with paragraphs 1 to 3 shall be used solely for the purpose of this Convention and shall be accorded the same protection by a receiving country as is afforded to information of like nature under the national law of that country. Such information may be used for other purposes only with the written consent of the competent authority which furnished it and subject to any restrictions laid down by that authority.

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Recovery

Article 13 (a)

The competent authorities of the countries concerned shall, in accordance with the provisions of Appendix IV, render each other assistance for the recovery of claims, if these claims have arisen in connection with a T1 or T2 operation.

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The Joint Committee

Article 14

1. A Joint Committee is hereby established in which each Contracting Party to this Convention shall be represented.

2. The Joint Committee shall act by mutual agreement.

3. The Joint Committee shall meet whenever necessary but at least once a year. Any Contracting Party may request that a meeting be held.

4. The Joint Committee shall adopt its own rules of procedure which shall, inter alia, contain provisions for convening meetings and for the designation of the chairman and his term of office.

5. The Joint Committee may decide to set up any sub-committee or working party that can assist it in carrying out its duties.

Article 15

1. It shall be the responsibility of the Joint Committee to administer this Convention and ensure its proper implementation. For this purpose, it shall be regularly informed by the Contracting Parties on the experiences of the application of this Convention and make recommendations, and in the cases provided for in paragraph 3, it shall take decisions.

2. In particular it shall recommend:

(a) amendments to this Convention, other than those referred to in paragraph 3;

(b) any other measure required for its application.

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3. The Joint Committee shall adopt by decision:

(a) amendments to the Appendices;

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(c) other amendments to this Convention made necessary by amendments to the Appendices;

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►M17 ◄ (d) transitional measures required in the case of the accession of new Member States to the Community;

►M17 ◄ (e) invitations to third countries within the meaning of Article 3 (1) (c) to accede to this Convention in accordance with Article 15a.

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Decisions taken under points (a) to (d) shall be put into effect by the Contracting Parties in accordance with their own legislation.

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4. If, in the Joint Committee, a representative of a Contracting Party has accepted a decision subject to the fulfilment of constitutional requirements, the decision shall enter into force, if no date is contained therein, on the first day of the second month after the lifting of the reservation is notified.

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5. Decisions of the Joint Committee referred to in paragraph 3 (e) inviting a third country to accede to this Convention shall be sent to the General Secretariat of the Council of the European Communities, which shall communicate it to the third country concerned, together with a text of the Convention in force on that date.

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6. From the date referred to in paragraph 5, the third country concerned may be represented on the Joint Committee, subcommittees and working parties by observers.







Accession of third countries

Article 15a

1. Any third country may become a Contracting Party to this Convention if invited to do so by the depositary of the Convention following a decision of the Joint Committee.

2. A third country invited to become a Contracting Party to this Convention shall do so by lodging an instrument of accession with the General Secretariat of the Council of the European Communities. The said instrument shall be accompanied by a translation of the Convention into the official language(s) of the acceding country.

3. The accession shall become effective on the first day of the second month following the lodging of the instrument of accession.

4. The depositary shall notify all Contracting Parties of the date on which the instrument of accession was lodged and the date on which the accession will become effective.

5. Recommendations and decisions of the Joint Committee referred to in Article 15 (2) and (3) adopted between the date referred to in paragraph 1 of this Article and the date on which accession becomes effective shall also be communicated to the invited third country via the General Secretariat of the Council of the European Communities.

A declaration accepting such acts shall be inserted either in the instrument of accession or in a separate instrument lodged with the General Secretariat of the Council of the European Communities within six months of the communication. If the declaration is not lodged within that period the accession shall be considered void.

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Miscellaneous and final provisions

Article 16

Each Contracting Party shall take appropriate measures to ensure that the provisions of this Convention are effectively and harmoniously applied, taking into account the need to reduce as far as possible the formalities imposed on operators and the need to achieve mutually satisfactory solutions of any difficulties arising out of the operation of those provisions.

Article 17

The Contracting Parties shall keep each other informed of the provisions which they adopt for the implementation of this Convention.

Article 18

The provisions of this Convention shall not preclude prohibitions or restrictions on the importation, exportation or transit of goods enacted by the Contracting Parties or by Member States of the Community and justified on grounds of public morality, public policy or public security, the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historical or archaeological value, or the protection of industrial or commercial property.

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Article 19

The Appendices to this Convention shall form an integral part thereof.

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Article 20

1. This Convention shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, ►M38 to the territories of the common transit countries ◄ .

2. This Convention shall also apply to the Principality of Liechtenstein for as long as that Principality remains bound to the Swiss Confederation by a customs union treaty.

Article 21

Any Contracting Party may withdraw from this Convention provided it gives 12 months’ notice in writing to the depositary, which shall notify all other Contracting Parties.

Article 22

1. This Convention shall enter into force on 1 January 1988, provided that the Contracting Parties, before 1 November 1987, have deposited their instruments of acceptance with the Secretariat of the Council of the European Communities, which shall act as depositary.

2. If this Convention does not enter into force on 1 January 1988, it shall enter into force on the first day of the second month following the deposit of the last instrument of acceptance.

3. The depositary shall notify the date of the deposit of the instrument of acceptance of each Contracting Party and the date of the entry into force of this Convention.

Article 23

1. With the entry into force of this Convention, the Agreements of 30 November 1972 and 23 November 1972 on the application of the rules on Community transit, concluded by Austria and Switzerland respectively with the Community, as well as the Agreement of 12 July 1977 on the extension of the application of the rules on Community transit concluded by these countries and the Community, shall cease to apply.

2. The Agreements mentioned in paragraph 1 shall, however, continue to apply to T1 or T2 operations started before the entry into force of this Convention.

3. The Nordic transit order applied between Finland, Norway and Sweden will be terminated as from the date of the entry into force of this Convention.

Article 24

This Convention, which is drawn up in a single copy in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish, Finnish, Icelandic, Norwegian and Swedish languages, all texts being equally authentic, shall be deposited in the archives of the Secretariat of the Council of the European Communities, which shall deliver a certified copy thereof to each Contracting Party.

Done at Interlaken, 20 May 1987.

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APPENDIX I

COMMON TRANSIT PROCEDURES







TITLE I

GENERAL PROVISIONS







CHAPTER I

Subject matter and scope of the procedure and definitions

Article 1

Subject matter

1. As provided for in Article 1(3) of the Convention, this Appendix lays down rules governing the common transit procedure.

2. Save where otherwise stated, the provisions of this Appendix shall apply to operations under the common transit procedure.

Article 2

Non-application of the common transit procedure to postal consignments

The common transit procedure shall not apply to postal consignments (including postal packages) carried in accordance with the acts of the Universal Postal Union, when the goods are carried by or for holders of rights and obligations under those acts.

Article 3

Definitions

For the purposes of the Convention the following definitions apply:

(a) ‘customs authorities’ means the customs administrations responsible for applying the Convention and any other authorities empowered under national law to apply the Convention;

(b) ‘person’ means a natural person, a legal person, and any association of persons which is not a legal person but which is recognised under the Union law, national law or the law of a common transit country as having capacity to perform legal acts;

(c) ‘transit declaration’ means the act whereby a person indicates in the prescribed form and manner a wish to place goods under the common transit procedure;

(d) ‘transit accompanying document’ means document printed using electronic data-processing techniques to accompany the goods and based on the particulars of the transit declaration;

(e) ‘declarant’ means the person lodging a transit declaration in his own name or the person in whose name such a declaration is lodged;

(f) ‘holder of the procedure’ means the person who lodges the transit declaration, or on whose behalf that declaration is lodged;

(g) ‘customs office of departure’ means the customs office where a transit declaration is accepted;

(h) ‘customs office of transit’ means the customs office competent for the point of entry into the customs territory of a Contracting Party when the goods move under the common transit procedure, or the customs office competent for the point of exit from the customs territory of a Contracting Party when the goods are leaving that territory in the course of a transit operation via a frontier between that Contracting Party and a third country;

(i) ‘customs office of destination’ means the customs office where goods placed under the common transit procedure are presented in order to end the procedure;

(j) ‘Master Reference Number (MRN)’ means the registration number allocated to a transit declaration by the competent customs authority using electronic data processing techniques;

(k) ‘customs office of guarantee’ means the customs office where the customs authorities of each country decide that guarantees are to be lodged;

(l) ‘debt’ means the obligation on a person to pay the amount of import or export duties and other charges due in respect of goods placed under the common transit procedure;

(m) ‘debtor’ means any person liable for a debt;

(n) ‘release of goods’ means the act whereby the customs authorities make goods available for the purposes specified for the common transit procedure under which they are placed;

(o) ‘person established in the customs territory of a Contracting Party’ means: — in the case of a natural person, any person who has his or her habitual residence in the customs territory of that Contracting Party; — in the case of a legal person or an association of persons, any person having its registered office, central headquarters or a permanent business establishment in the customs territory of that Contracting Party;

(p) ‘electronic data-processing techniques’ means electronic information exchange between economic operators and customs authorities, among customs authorities and between customs authorities and other involved governmental or European or common transit countries' agencies or institutions in an agreed and defined format with a purpose of automated processing and storage of the data after reception using any of the following means: (i) electronic data interchange; (ii) computer-to-computer interchange; (iii) electronic transfer of structured data by standard messages or services from one electronic processing environment to another without human intervention; (iv) online introduction of data into customs data-processing systems for storage and processing resulting in online responses;

(q) ‘electronic data interchange’ (‘EDI’) means an electronic transmission of data, structured in accordance with agreed message standards, between two computer systems;

(r) ‘electronic transit system’ means electronic system used for the electronic data interchange of the common transit procedure;

(s) ‘standard message’ means a predefined structure for the electronic transmission of data;

(t) ‘personal data’ means any information relating to an identified or identifiable person;

(u) ‘fixed transport installation’ means technical means (e.g. pipelines and electric power lines) used for continuous transport of goods;

(v) ‘business continuity procedure’ means procedure based on the use of paper documents, established to allow the lodging of the transit declaration and follow-up of the transit operation where it is not possible to use the procedure based on electronic data-processing techniques.







CHAPTER II

General provisions on the common transit procedure

Article 4

Electronic system relating to the procedure

1. For the completion of the customs formalities of the common transit procedure, the electronic transit system shall be used, unless otherwise provided for in this Appendix.

2. In agreement with each other, the Contracting Parties shall adopt measures for the application of the electronic transit system laying down the following:

(a) the rules defining and governing the messages to be exchanged between customs offices, as required for the application of the customs legislation;

(b) a common data set and the format of the data messages to be exchanged under the customs legislation.

Article 5

Use of the electronic transit system

1. The competent authorities shall use the electronic transit system for information exchange for the purposes of the common transit procedure, unless otherwise provided for in this Appendix.

2. The Contracting Parties shall use Common Communication Network/Common Systems Interface of the European Union (CCN/CSI) for the information exchange referred to in paragraph 1.

The financial participation of the common transit countries, access by the common transit countries to the CCN/CSI and other related issues shall be agreed between the Union and each of the common transit countries.

Article 6

Security of data

1. The Contracting Parties shall lay down conditions for carrying out formalities by electronic data-processing techniques which shall include, inter alia, measures for checking the source of data and protecting them against accidental or unlawful destruction or accidental loss, alteration or unauthorised access.

2. In addition to the measures referred to in paragraph 1, the competent authorities shall establish and maintain adequate security arrangements for the effective, reliable and secure operation of the electronic transit system.

3. Modifications to data and deletion of data shall be recorded together with information about the reason for the modification or deletion, the exact time of the modification or deletion and the identity of the person who carried it out.

The original data or any processed data shall be kept for at least three calendar years from the end of the year in which such data was recorded, or for longer if so required by the countries.

4. The competent authorities shall monitor the security of the data regularly.

5. Any competent authorities involved shall inform each other of all suspected breaches of security.

Article 7

Protection of personal data

1. The Contracting Parties shall use the personal data exchanged in application of the Convention solely for the purposes of the common transit procedure and any customs procedure or temporary storage following the common transit procedure.

This restriction shall not prevent the use of such data by the customs authorities for the purposes of risk analysis and investigations during the common transit procedure and for legal proceedings arising out of this common transit procedure. Where that data is used for those purposes, the customs authorities which supplied the information shall be notified immediately.

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2. The Contracting Parties shall ensure that the processing of personal data exchanged in the application of the Convention is done in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council ( 1 ).

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3. Each Contracting Party shall take the necessary steps to ensure compliance with this Article.







CHAPTER III

Obligations of the holder of the procedure and of the carrier and the recipient of goods moving under the common transit procedure

Article 8

Obligations of the holder of the procedure and of the carrier and the recipient of goods moving under the common transit procedure

1. The holder of the procedure shall be responsible for all of the following:

(a) presentation of the goods intact and the necessary information at the customs office of destination, within the prescribed time-limit and in compliance with the measures taken by the customs authorities to ensure their identification;

(b) observance of the customs provisions relating to the common transit procedure;

(c) unless otherwise provided for in the Convention, provision of a guarantee in order to ensure payment of the amount of the debt, which may be incurred in respect of the goods.

2. A carrier or recipient of goods who accepts goods knowing that they are moving under the common transit procedure shall also be responsible for presentation of the goods intact at the customs office of destination within the prescribed time-limit and in compliance with the measures taken by the customs authorities to ensure their identification.







CHAPTER IV

Guarantees

Article 9

Electronic system relating to guarantees

For the exchange and storage of information pertaining to guarantees, electronic data-processing techniques shall be used.

Article 10

Obligation to provide a guarantee

1. The holder of the procedure shall provide a guarantee in order to ensure payment of the debt which may be incurred in respect of the goods placed under the common transit procedure.

2. The guarantee shall be provided as either:

(a) an individual guarantee covering a single operation; or

(b) a comprehensive guarantee covering several operations in the form of an undertaking given by a guarantor, where a simplification provided for in ►M39 Article 55(1)(a) ◄ applies.

3. However, the customs authorities may refuse to accept the type of guarantee proposed where it is incompatible with the proper functioning of the common transit procedure.

Article 11

Forms of the individual guarantee

1. The individual guarantee may be provided in one of the following forms:

(a) by a cash deposit;

(b) by an undertaking given by a guarantor;

(c) by vouchers.

2. In case referred to in paragraph 1(c), the individual guarantee shall be provided by an undertaking given by a guarantor.

Article 12

Guarantor

1. The guarantor referred to in Articles 10(2)(b), 11(1)(b) and 11(2) shall be a third person established in the Contracting Party where the guarantee is provided and approved by the customs authorities requiring the guarantee.

The guarantor shall indicate in his undertaking an address for service or appoint an agent in each country of the Contracting Parties involved in the common transit operation.

2. The guarantor shall undertake in writing to pay the secured amount of debt. The undertaking shall also cover, within the limits of the secured amount, amounts of debt payable following a posteriori checks.

3. The customs authorities may refuse to approve a guarantor who does not appear certain to ensure payment of the amount of debt within the prescribed period.

Article 13

Guarantee Waiver

1. No guarantee shall be required in any of the following situations:

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(a) goods carried by air where the transit procedure based on an electronic transport document as transit declaration for air transport is used;

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(b) goods carried on the Rhine, the Rhine waterways, the Danube or the Danube waterways;

(c) goods carried by fixed transport installation;

(d) goods carried by rail or air where the paper-based transit procedure for goods carried by rail or air is used.

2. In cases referred to in paragraph 1(d), the guarantee waiver shall apply only to the authorisations for the use of the paper-based common transit procedure for goods carried by rail or air, granted before 1 May 2016. ►M39 That waiver shall apply until 1 May 2019 or, for authorisations having a limited period of validity, until the end of that period, whichever is the earlier. ◄







CHAPTER V

Miscellaneous provisions

Article 14

Legal status of documents and records

1. Documents issued and records kept in accordance with the rules of the country where they were issued or kept, irrespective of the technical format and measures introduced or accepted by the competent authorities of one country, shall have the same legal effect in the territory of other countries as in the country where they were issued or are kept.

2. Results of the inspections carried out under the common transit procedure by the competent authorities of one country shall have the same force in other countries as results of the inspections carried out by the competent authorities of each of those countries.

Article 15

List of customs offices competent to deal with common transit operations

Each country shall enter in the computerised system maintained by the European Commission (‘the Commission’) the list of customs offices competent to deal with common transit operations, indicating their respective identification numbers and duties and stating the days and hours when they are open. Any changes shall also be entered in the computerised system.

The Commission shall use that computerised system to communicate this information to the other countries.

Article 16

Central office

Where a country has established a central office assigned for the management and monitoring of the common transit procedure and the receipt and transmission of documents related to that procedure, it shall notify the Commission of any such office.

The Commission shall forward this information to the other countries.

Article 17

Offences and penalties

Countries shall take whatever steps are necessary to deal with any offence or irregularity and impose effective, proportionate and dissuasive penalties.







TITLE II

OPERATION OF THE PROCEDURE







CHAPTER I

Individual guarantee

Article 18

Calculation of the amount of the individual guarantee

An individual guarantee provided in accordance with Article 10(2)(a) shall cover the amount of the debt which may be incurred, calculated on the basis of the highest rates of duty applicable to goods of the same type. For the purpose of that calculation, Union goods carried in accordance with the Convention shall be treated as non-Union goods.

Article 19

Individual guarantee in the form of a cash deposit

1. An individual guarantee provided in the form of a cash deposit or by any other equivalent means of payment shall be given in accordance with the provisions in force in the country of departure in which the guarantee is required.

2. Individual guarantees in the form of a cash deposit provided in one of the Contracting Parties shall be valid in all Contracting Parties. They shall be repaid when the procedure has been discharged.

3. Where a guarantee is given by making a cash deposit or any other equivalent means of payment, no interest thereon shall be payable by the customs authorities.

Article 20

Individual guarantee in the form of an undertaking by a guarantor

1. An undertaking given by a guarantor for the purposes of an individual guarantee shall be provided using the form set out in Annex C1 to Appendix III. That undertaking shall be retained at the customs office of guarantee for the period of its validity.

2. Where required by national law, regulation or administrative provision, or in accordance with common practice, a country may allow the undertaking referred to in paragraph 1 to take a different form provided it has the same legal effect as the undertaking set out in the form.

3. For each undertaking, the customs office of guarantee shall communicate to the holder of the procedure the following information:

(a) a guarantee reference number;

(b) an access code associated with the guarantee reference number.

The holder of the procedure shall not modify that access code.

Article 21

Individual guarantee in the form of vouchers

1. An undertaking given by a guarantor for the purposes of an individual guarantee in the form of vouchers shall be provided using the form set out in Annex C2 to Appendix III. That undertaking shall be retained at the customs office of guarantee for the period of its validity.

Article 20(2) shall be applicable mutatis mutandis.

2. Vouchers shall be made out by a guarantor using the form set out in Annex C3 to Appendix III and provided to persons who intend to be the holders of the procedure. Those vouchers shall be valid in all Contracting Parties.

Each voucher shall cover an amount of EUR 10 000 for which the guarantor shall be liable. The period of validity of a voucher shall be one year from the date of issue.

3. The guarantor shall provide the customs office of guarantee with any required details about the individual guarantee vouchers that he has issued.

4. For each voucher, the guarantor shall communicate to the person who intends to be the holder of the procedure the following information:

(a) a guarantee reference number;

(b) an access code associated with the guarantee reference number.

The person who intends to be the holder of the procedure shall not modify that access code.

5. The person who intends to be the holder of the procedure shall submit at the customs office of departure a number of vouchers corresponding to the multiple of EUR 10 000 required to cover the total amount of debt which may be incurred.

6. Where a paper-based transit declaration is accepted in accordance with Article 26(1)(b), the vouchers shall be delivered in a paper-form and retained by the customs office of departure. That customs office shall communicate the identification number of each voucher to the customs office of guarantee indicated on the voucher.

Article 22

Approval of the undertaking

The undertaking given by a guarantor shall be approved by the customs office of guarantee which shall notify the approval to the person required to provide the guarantee.

Article 23

Revocation of the approval of the guarantor or of the undertaking and cancellation of the undertaking

1. The customs office of guarantee may revoke the approval of the guarantor or the approval of the undertaking by a guarantor at any time. The customs office of guarantee shall notify the revocation to the guarantor and the person required to provide the guarantee.

The revocation of the approval of the guarantor or of the undertaking of the guarantor shall take effect on the sixteenth day following the date on which the decision on the revocation is received or is deemed to have been received by the guarantor.

2. A guarantor may cancel his undertaking at any time. The guarantor shall notify the cancellation to the customs office of guarantee.

The cancellation of the undertaking of the guarantor shall not affect goods which, at the moment where the cancellation takes effect, have already been placed and still are under a common transit procedure by virtue of the cancelled undertaking.

The cancellation of the undertaking by the guarantor shall take effect on the sixteenth day following the date on which the cancellation is notified by the guarantor to the customs office of guarantee.

3. The customs authorities of the country responsible for the relevant customs office of guarantee shall introduce into the electronic system referred to in Article 9 information on any revocation of the approval of a guarantor, the approval of an undertaking by a guarantor, or cancellation by a guarantor, and the date when it becomes effective.







CHAPTER II

Means of transport and declarations

Article 24

Transit declaration and means of transport

1. Each transit declaration shall include only the goods placed under the common transit procedure that are moved or are to be moved from one customs office of departure to one customs office of destination on a single means of transport, in a container or in a package.

However, one transit declaration may include goods moved or to be moved from one customs office of departure to one customs office of destination in more than one container or in more than one package where the containers or packages are loaded on a single means of transport.

2. For the purposes of this Article, the following shall be regarded as constituting a single means of transport, provided that the goods carried are dispatched together:

(a) a road vehicle accompanied by its trailer(s) or semi-trailer(s);

(b) a set of coupled railway carriages or wagons;

(c) boats constituting a single chain.

3. Where for the purposes of the common transit procedure a single means of transport is used for loading goods at more than one customs office of departure and for unloading at more than one customs office of destination, separate transit declarations shall be lodged for each of the consignments.

Article 25

Transit declarations by means of electronic data-processing techniques

The particulars and the structure of the data of the transit declaration are set out in Annexes A1, A2 and B6 to Appendix III.

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As of the dates of deployment of the upgrading of the New Computerised Transit System (‘NCTS’) referred to in the Annex to Commission Implementing Decision (EU) 2016/578 ( 2 ) the particulars and the structure of the data of the transit declaration set out in Annexes A1a and B6a to Appendix III shall apply.

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Article 26

Paper-based transit declarations

1. The customs authority shall accept a paper-based transit declaration in the following cases:

(a) where goods are transported by travellers who have no direct access to the electronic transit system, according to the methods described in the Article 27;

(b) where the business continuity procedure is applied in accordance with Annex II, in the event of a temporary failure of: (i) the electronic transit system; (ii) the computerised system used by the holders of the procedure for lodging the common transit declaration by means of electronic data-processing techniques; (iii) the electronic connection between the computerised system used by the holders of the procedure for lodging the common transit declaration by means of electronic data-processing techniques and the electronic transit system;

(c) where a common transit country so decides.

2. For the application of paragraph 1(a) and (c), the customs authorities shall ensure that the transit data are recorded in the electronic transit system and exchanged between the customs authorities using that system.

3. The acceptance of a paper-based transit declaration as referred to in paragraph 1(b) (ii) and (iii) shall be subject to the approval by the customs authorities.

Article 27

Transit declaration for travellers

In the cases referred to in Article 26(1)(a), the traveller shall draw up the paper-based transit declaration in accordance with Articles 5 and 6 and Annex B6 to Appendix III.

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As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, in the cases referred to in Article 26(1)(a), the traveller shall draw up the paper-based transit declaration in accordance with Articles 5 and 6 and Annex B6a to Appendix III.

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Article 28

Mixed consignments

A consignment may comprise both goods which are to be placed under the T1 procedure and goods which are to be placed under the T2 procedure, provided that each item of the goods is marked accordingly in the transit declaration with the codes ‘T1’, ‘T2’ or ‘T2F’.

Article 29

Authentication of the transit declaration and responsibility of the holder of the procedure

1. The transit declaration shall be authenticated by the declarant.

2. Lodging of a transit declaration by the holder of the procedure to the customs authorities shall render that holder responsible for all of the following:

(a) the accuracy and completeness of the information given in the transit declaration;

(b) the authenticity, accuracy and validity of any document supporting the transit declaration;

(c) compliance with all the obligations relating to the placing of the goods under the common transit procedure stated in the transit declaration.

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Article 29a

Lodging a transit declaration prior to the presentation of the goods

As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, a transit declaration may be lodged prior to the expected presentation of the goods to the customs office of departure. If the goods are not presented within 30 days of lodging of the transit declaration, that declaration shall be deemed not to have been lodged.

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CHAPTER III

Formalities at the customs office of departure

Article 30

Lodging and acceptance of a transit declaration

1. The transit declaration shall be lodged at the customs office of departure.

2. That customs office of departure shall accept the transit declaration provided that the following conditions are met:

(a) it contains all the data necessary for the purposes of the common transit procedure as specified in Annex II to Appendix III;

(b) it is accompanied by all the necessary documents;

(c) the goods to which the transit declaration refers have been presented to customs during the official opening hours.

The customs office of departure may, at the request of the declarant, allow the goods to be presented outside the official opening hours or at any other place.

3. The customs authorities may allow the documents referred to in paragraph 1(b) not to be presented to the customs office of departure. In that case those documents shall be in the declarant's possession and at the disposal of the customs authorities.

Article 31

Amendment of a transit declaration

1. The declarant shall, upon application, be permitted to amend one or more of the particulars of the transit declaration after it has been accepted by the customs authorities. The amendment shall not render the transit declaration applicable to goods other than those it originally covered.

2. No such amendment shall be permitted where it is applied for after any of the following events:

(a) the customs authorities have informed the declarant that they intend to examine the goods;

(b) the customs authorities have established that the particulars of the customs declaration are incorrect;

(c) the customs authorities have released the goods.

Article 32

Invalidation of a transit declaration

1. The customs office of departure shall, upon application by the declarant, invalidate a transit declaration already accepted in either of the following cases:

(a) where it is satisfied that the goods are immediately to be placed under another customs procedure;

(b) where it is satisfied that, as a result of special circumstances, the placing of the goods under the customs procedure for which they were declared is no longer justified.

However, where the customs office of departure has informed the declarant of their intention to examine the goods, an application for invalidation of the customs declaration shall not be accepted before the examination has taken place.

2. The transit declaration shall not be invalidated after the goods have been released unless where:

(a) goods in free circulation in a Contracting Party have been declared in error for a common transit procedure and their customs status as goods being in free circulation in the same Contracting Party has been proved afterwards;

(b) the goods have been erroneously declared under more than one customs declaration.

Article 33

Itinerary for movements under common transit

1. Goods placed under the common transit procedure shall be moved to the customs office of destination along an economically justified itinerary.

2. Where the customs office of departure or the declarant considers it necessary, that customs office shall prescribe an itinerary for the movements of goods during the common transit procedure taking into account any relevant information communicated by the declarant.

When prescribing an itinerary, the customs office shall enter in the electronic transit system at least the indication of the countries through which the transit is to take place.

Article 34

Time-limit for the presentation of goods

1. The customs office of departure shall set a time-limit within which the goods shall be presented at the customs office of destination, taking into account the following:

(a) the itinerary;

(b) the means of transport;

(c) transport legislation or other legislation which might have an impact on setting a time-limit;

(d) any relevant information communicated by the holder of the procedure.

2. Where the time-limit is set by the customs office of departure, it shall be binding on the customs authorities of the countries the territory of which the goods enter during a common transit operation, and that time-limit shall not be altered by those authorities.

Article 35

Verification of a transit declaration and the examination of the goods

1. The customs office of departure may, for the purpose of verifying the accuracy of the particulars contained in a transit declaration which has been accepted:

(a) examine the declaration and the supporting documents;

(b) require the declarant to provide other documents;

(c) examine the goods;

(d) take samples for analysis or for detailed examination of the goods.

2. The customs office of departure shall verify the existence and the validity of the guarantee.

3. The examination of the goods provided for in paragraph 1(c) shall be carried out in the places designated by the customs office of departure for that purpose and during the official opening hours. However, the customs authorities may, at the declarant's request, carry out the examination of the goods outside the official opening hours or at any other place.

Article 36

Identification of seals

The customs office of departure shall record the number of the seals affixed by that customs office and the individual seal identifiers, in the electronic transit system.

Article 37

Suitability for sealing

Road vehicles, trailers, semi-trailers and containers approved for the carriage of goods under customs seal in accordance with an international agreement to which the Union and the common transit countries are contracting parties shall also be regarded as suitable for sealing.

Article 38

Characteristics of customs seals

1. Customs seals shall have at least the following essential characteristics and comply with the following technical specifications:

(a) essential characteristics of the seals: (i) remaining intact and securely fastened in normal use; (ii) being easily checkable and recognisable; (iii) being so manufactured that any breakage, tampering or removal leaves traces visible to the naked eye; (iv) being designed for single use or, if intended for multiple use, being so designed that they can be given a clear, individual identification mark each time they are re-used; (v) bearing of individual seal identifiers which are permanent, readily legible and uniquely numbered;

(b) technical specifications: (i) the form and dimensions of seals may vary with the sealing method used but the dimensions shall be such as to ensure that identification marks are easy to read; (ii) the identification marks of seals shall be impossible to falsify and difficult to reproduce; (iii) the material used shall be resistant to accidental breakage and such as to prevent undetectable falsification or reuse.

2. Where seals have been certified by a competent body in accordance with ISO International Standard No 17712:2013 ‘Freight containers — Mechanical Seals’, those seals shall be deemed to fulfil the requirements laid down in paragraph 1.

For containerised transports, seals with high-security features shall be used to the greatest extent possible.

3. The customs seal shall bear the following indications:

(a) the word ‘Customs’ in one of the official languages of the Union or of the common transit countries or a corresponding abbreviation;

(b) a country code, in the form of the ISO-alpha-2 country code, identifying the country in which the seal is affixed.

The Contracting Parties may in agreement with each other decide to use common security features and technology.

4. Each country shall notify its customs seal types in use to the Commission. The Commission shall make this information available to all countries.

5. Whenever a seal needs to be removed to allow customs inspection, the customs authority shall endeavour to reseal as necessary, with a customs seal of at least equivalent security features and note the particulars of the action, including the new seal number, on the cargo documentation.

6. Customs seals compliant ►M39 with Annex II to Appendix I to the Convention ◄ as amended by Decision No 1/2008 of the EC-EFTA Joint Committee ( 3 ) may continue to be used until stocks run out or 1 May 2019, whichever is the earlier.

Article 39

Alternative identification measures to sealing

1. By way of derogation from Article 11(1) of the Convention, the customs office of departure may decide not to seal the goods placed under the common transit procedure and instead rely on the description of the goods in the transit declaration or in the supplementary documents provided that the description is sufficiently precise to permit easy identification of the goods and states their quantity and nature and any special features such as serial numbers of the goods.

2. By way of derogation from Article 11(1) of the Convention, unless the customs office of departure decides otherwise, neither the means of transport nor the individual packages containing the goods shall be sealed where:

(a) the goods are carried by air, and either labels are affixed to each consignment bearing the number of the accompanying airway bill, or the consignment constitutes a load unit on which the number of the accompanying airway bill is indicated;

(b) the goods are carried by rail, and identification measures are applied by the railway companies.

Article 40

Release of goods for the common transit procedure

1. Only goods which have been sealed in accordance with Article 11(1), (2) and (3) of the Convention or in respect of which alternative identification measures have been taken in accordance with Article 11(4) of the Convention and Article 39 of this Appendix shall be released for the common transit procedure.

2. On release of the goods, the customs office of departure shall transmit the particulars of the common transit operation:

(a) to the declared customs office of destination;

(b) to each declared customs office of transit.

Those particulars shall be based on data derived from the transit declaration, as amended where appropriate.

3. The customs office of departure shall notify the holder of the procedure of the release of the goods for the common transit procedure.

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Article 41

Transit accompanying document and List of items

1. The customs office of departure shall provide a transit accompanying document to the declarant. The transit accompanying document shall be provided using the form set out in Annex A3 to Appendix III and shall include the particulars set out in Annex A4 to Appendix III.

2. If necessary, the transit accompanying document shall be supplemented by a List of items established using the form set out in Annex A5 to Appendix III and shall include the particulars set out in Annex A6 to Appendix III. The List of items shall form the integral part of the transit accompanying document.

3. As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, the customs office of departure shall provide to the declarant a transit accompanying document supplemented by a List of items. The List of items shall form an integral part of the transit accompanying document.

The transit accompanying document shall be provided using the form set out in Annex A3a to Appendix III and shall include the particulars set out in Annex A4a to Appendix III. The List of items shall be provided using the form set out in Annex A5a to Appendix III and shall include the particulars set out in Annex A6a to Appendix III.

The transit accompanying document and the List of items shall be provided in printed form.

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CHAPTER IV

Formalities during transport

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Article 42

Presentation of the transit accompanying document

The transit accompanying document with the MRN of the transit declaration and other documents accompanying the goods shall be presented whenever the customs authorities so require.

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Article 43

Presentation of goods moved under the common transit procedure at the customs office of transit

1. The goods together with the transit accompanying document with the corresponding MRN shall be presented at each customs office of transit.

2. The customs office of transit shall record the border passage of the goods on the basis of the particulars of the common transit operation received from the customs office of departure. That passage shall be notified by the customs offices of transit to the customs office of departure.

3. The customs offices of transit may inspect the goods. Any inspection of the goods shall be carried out mainly on the basis of the particulars of the common transit operation received from the customs office of departure.

4. Where goods are carried via a customs office of transit other than that declared, the actual customs office of transit shall request the particulars of the common transit operation from the customs office of departure and notify the border passage of the goods to the customs office of departure.

5. Paragraphs 1, 2 and 4 shall not apply to the transport of goods by rail provided that the customs office of transit can verify the border passage of the goods by other means. Such verification shall take place only in case of need. The verification may take place retrospectively.

Article 44

Incidents during movement of goods under a common transit operation

1. The carrier shall be required to make the necessary entries in the transit accompanying document and present without undue delay after the incident the goods together with that document to the nearest customs authority of the country in whose territory the means of transport is located where:

(a) the carrier is obliged to deviate from the itinerary prescribed in accordance with Article 33(2) due to circumstances beyond his control;

(b) seals are broken or tampered with in the course of a transport operation for reasons beyond the carrier's control;

(c) under the supervision of the customs authority, goods are transferred from one means of transport to another means of transport;

(d) imminent danger necessitates immediate partial or total unloading of the sealed means of transport;

(e) there is an incident which may affect the ability of the holder of the procedure or the carrier to comply with his obligations;

(f) any of the elements constituting a single means of transport as referred to in Article 24(2) is changed.

Where the customs authorities in whose territory the means of transport is located consider that the common transit operation concerned may continue, once they have taken any steps that may be necessary, they shall endorse the entries made by the carrier in the transit accompanying document.

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As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, the carrier shall present without undue delay after the incident the goods and the transit accompanying document with the MRN of the transit declaration to the nearest customs authority of the country in whose territory the means of transport is located in situation referred to in points (a) to (f) of the first subparagraph.

Where the customs authorities in whose territory the means of transport is located consider that the common transit operation concerned may continue, they shall take any steps that they consider necessary, and shall record relevant information concerning the incidents referred to in the first subparagraph of this paragraph in the electronic transit system referred to in Article 4.

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2. The carrier shall not be required to present the goods and the transit accompanying document with the necessary entries made to the customs authority referred to in paragraph 1 in the following cases:

(a) Incidents as referred to in paragraph 1(c), if the goods are transferred from a means of transport that is not sealed;

(b) Incidents as referred to in paragraph 1(f), where one or more carriages or wagons are withdrawn from a set of coupled railway carriages or wagons due to technical problems;

(c) Incidents as referred to in paragraph 1(f), where the tractor unit of a road vehicle is changed without its trailers or semi trailers being changed.

As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, the carrier shall not be required to present the goods and the transit accompanying document with the MRN of the transit declaration to the customs authority referred to in paragraph 1, provided that the holder of the procedure or the carrier on behalf of the holder of the procedure provides relevant information concerning the incident to that customs authority in the following cases:

(a) Incidents as referred to in paragraph 1(c), if the goods are transferred from a means of transport that is not sealed;

(b) Incidents as referred to in paragraph 1(f), where one or more carriages or wagons are withdrawn from a set of coupled railway carriages or wagons due to technical problems;

(c) Incidents as referred to in paragraph 1(f), where the tractor unit of a road vehicle is changed without its trailers or semi-trailers being changed.

3. The relevant information in the transit accompanying document concerning the incidents referred to in paragraph 1 shall be recorded in the electronic transit system by the customs authorities as the case may be at the customs office of transit or at the customs office of destination.

As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, the relevant information concerning incidents referred to in paragraph 1 shall be recorded in the electronic transit system by the nearest customs authority of the country in whose territory the means of transport is located.

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CHAPTER V

Formalities at the customs office of destination

Article 45

Presentation of goods placed under the common transit procedure at the customs office of destination

1. Where goods placed under a common transit procedure arrive at the customs office of destination, the following shall be presented at that customs office:

(a) the goods;

(b) the transit accompanying document;

(c) any information required by the customs office of destination.

The presentation shall take place during the official opening hours. However, the customs office of destination may, at the request of the person concerned, allow the presentation to take place outside the official opening hours or at any other place.

2. Where the presentation has taken place after expiry of the time-limit set by the customs office of departure in accordance with Article 34(1), the holder of the procedure shall be deemed to have complied with the time-limit where he or the carrier proves to the satisfaction of the customs office of destination that the delay is not attributable to him.

3. ►M39 The customs office of destination shall keep the transit accompanying document.

The customs office of destination shall in general carry out customs controls on the basis of the particulars of the common transit declaration received from the customs office of departure. ◄

4. Where the common transit procedure is ended, no irregularity has been detected by the customs office of destination, and the holder of the procedure presents the transit accompanying document, that customs office shall endorse that document at the request of the holder of the procedure for the purposes of providing alternative proof in accordance with Article 51(1). The endorsement shall consist of the stamp of that customs office, the official's signature, the date and the following text:

‘— Alternative proof — 99202’.

5. The common transit procedure may be ended at a customs office other than that declared in the transit declaration. That customs office shall then be considered to be the customs office of destination.

Article 46

Receipt

1. At the request of the person presenting the goods at the customs office of destination, that customs office shall endorse a receipt which certifies the presentation of the goods and of the transit accompanying document at that customs office.

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The receipt shall contain a reference to the MRN of the transit declaration.

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2. The receipt shall be provided using the form set out in Annex B10 to Appendix III and be completed in advance by the person concerned.

3. The receipt shall not be used as an alternative proof of the common transit procedure having ended within the meaning of Article 51(1).

Article 47

Notification of arrival of goods under the common transit procedure and control results

1. The customs office of destination shall notify the customs office of departure of the arrival of the goods on the day the goods and the transit accompanying document are presented in accordance with Article 45(1).

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As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, the customs office of destination shall notify the customs office of departure of the arrival of the goods on the day the goods and the transit accompanying document with the MRN of the transit declaration are presented in accordance with Article 45(1).

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2. Where the common transit operation is ended at a customs office other than that declared in the transit declaration, the customs office considered to be the customs office of destination in accordance with Article 45(5) shall notify the arrival to the customs office of departure on the day the goods and the transit accompanying document are presented in accordance with Article 45(1).

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As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, where the common transit operation is ended at a customs office other than that declared in the transit declaration, the customs office considered to be the customs office of destination in accordance with Article 45(5) shall notify the arrival to the customs office of departure on the day the goods and the transit accompanying document with the MRN of the transit declaration are presented in accordance with Article 45(1).

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The customs office of departure shall notify the arrival to the customs office of destination declared in the transit declaration.

3. The notification of the arrival, referred to in paragraphs (1) and (2) shall not be considered to be proof that the common transit procedure has been ended correctly.

4. The customs office of destination shall notify the control results to the customs office of departure at the latest on the third day following the day the goods are presented at the customs office of destination or at another place in accordance with Article 45(1). In exceptional cases, that time-limit may be extended up to six days.

5. By derogation from paragraph 4 of this Article, where goods are received by an authorised consignee as referred to in Article 87 the customs office of departure shall be notified at the latest on the sixth day following the day the goods were delivered to the authorised consignee.

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As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, where goods are carried by rail and one or more carriages or wagons are withdrawn from a set of coupled railway carriages or wagons due to technical problems, as referred to in Article 44(2)(b), the customs office of departure shall be notified at the latest on the 12th day following the day the first part of goods has been presented.

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CHAPTER VI

Formalities related to the end of the procedure

Article 48

End and discharge of the procedure

1. The common transit procedure shall end and the obligations of the holder of the procedure shall be met when the goods placed under the procedure and the required information are available at the customs office of destination, in accordance with the customs legislation.

2. The customs authorities shall discharge the common transit procedure when they are in a position to establish, on the basis of a comparison of the data available to the customs office of departure and those available to the customs office of destination, that the procedure has ended correctly.

Article 49

Enquiry procedure for goods moved under the common transit procedure

1. Where the customs office of departure has not received the control results within six days in accordance with Article 47(4) or Article 47(5) after receiving the notification of arrival of the goods, that customs office shall immediately request the control results from the customs office of destination which sent the notification of arrival of the goods.

The customs office of destination shall send the control results immediately after receiving the request from the customs office of departure.

2. Where the customs authority of the country of departure has not yet received information that allows for the discharge of the common transit procedure or for the recovery of the debt, it shall request the relevant information from the holder of the procedure or, where sufficient particulars are available at destination, from the customs office of destination, in the following cases:

(a) the customs office of departure has not received the notification of arrival of the goods by the expiry of the time-limit for the presentation of the goods set in accordance with Article 34;

(b) the customs office of departure has not received the control results requested in accordance with paragraph 1;

(c) the customs office of departure becomes aware that the notification of arrival of the goods or the control results were sent in error.

3. The customs authority of the country of departure shall send requests for information in accordance with paragraph 2(a) within a period of seven days after the expiry of the time-limit referred to therein and requests for information in accordance with paragraph 2(b) within a period of seven days after the expiry of the applicable time-limit referred to in paragraph 1.

However, if, before the expiry of those time-limits, the customs authority of the country of departure receives information that the common transit procedure has not been ended correctly, or suspects that to be the case, it shall send the request without delay.

4. Replies to requests made in accordance with paragraph 2 shall be sent within 28 days from the date on which the request was sent.

5. Where, following a request in accordance with paragraph 2, the customs office of destination has not provided sufficient information for the common transit procedure to be discharged, the customs authority of the country of departure shall request the holder of the procedure to provide that information, at the latest 28 days after initiating the enquiry procedure.

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As of the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, where, following a request in accordance with paragraph 2, the customs office of destination has not provided sufficient information for the common transit procedure to be discharged, the customs authority of the country of departure shall request the holder of the procedure to provide that information, at the latest 35 days after initiating the enquiry procedure.

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The holder of the procedure shall reply to that request within 28 days from the date on which it was sent.

6. If the information provided in a reply from the holder of the procedure in accordance ►M39 with paragraph 5 ◄ is not sufficient to discharge the common transit procedure, but the customs authority of the country of departure considers it sufficient in order to continue the enquiry procedure, that authority shall immediately send a request for supplementary information to the customs office involved.

That customs office shall reply to the request within 40 days from the date on which it was sent.

7. Where, during the steps of an enquiry procedure set out in paragraphs 1 to 6, it is established that the common transit procedure was ended correctly, the customs authority of the country of departure shall discharge the common transit procedure and shall immediately inform the holder of the procedure of the discharge of that procedure and, where appropriate, any customs authority that may have initiated recovery.

8. Where, during the steps of an enquiry procedure set out in paragraphs 1 to 6, it is established that the common transit procedure cannot be discharged, the customs authority of the country of departure shall establish whether a debt has been incurred.

If a debt has been incurred, the customs authority of the country of departure shall take the following measures:

(a) identify the debtor;

(b) determine the customs authority responsible for the notification of the debt.

Article 50

Request to transfer recovery of the debt

1. Where the customs authority of the country of departure during the enquiry procedure and before the time-limit referred to in Article 114(2) expires, obtain evidence that the place where the events from which the debt arises occurred is in another country, that customs authority shall immediately, and in any event within that time-limit send all the information available to the competent customs authority at that place.

2. The competent customs authority at that place shall acknowledge receipt of the information and inform the customs authority of the country of departure whether it is responsible for the recovery. If the customs authority of the country of departure has not received that information within 28 days, it shall all immediately resume the enquiry procedure or start the recovery.

Article 51

Alternative proof of ending the common transit procedure

1. The common transit procedure shall be considered as having been ended correctly where the holder of the procedure presents, to the satisfaction of the customs authority of the country of departure, one of the following documents identifying the goods:

(a) a document certified by the customs authority of the country of destination which identifies the goods and establishes that the goods have been presented at the customs office of destination, or have been delivered to an authorised consignee as referred to in Article 87;

(b) a document or a customs record, certified by the customs authority of a country which establishes that the goods have physically left the customs territory of the Contracting Party;

(c) a customs document issued in a third country where the goods are placed under a customs procedure;

(d) a document issued in a third country, stamped or otherwise certified by the customs authority of that country and establishing that goods are considered to be in free circulation in that country.

2. Instead of the documents referred to in paragraph 1, copies thereof certified as being true copies by the body which certified the original documents, by the authority of the third country concerned or by the authority of a country may be provided as proof.

Article 52

Verification and administrative assistance

1. The competent customs authorities may carry out post-release controls of the information supplied and any documents, forms, authorisations or data relating to the common transit operation in order to check that the entries, the information exchanged and the stamps are authentic. Such controls shall be made where doubts arise as to the accuracy and authenticity of the information provided or where fraud is suspected. They may also be made on the basis of risk analysis or by random selection.

2. A competent customs authority receiving a request to make a post-release control shall respond without delay.

3. Where the competent customs authority of the country of departure makes a request to the competent customs authority for a post-release control of information related to the common transit operation, the conditions of Article 48(2) for discharging the transit procedure shall be deemed not to have been fulfilled until the authenticity and accuracy of the data have been confirmed.







CHAPTER VII

Common transit procedure for moving goods by fixed transport installation

Article 53

Common transit procedure for moving goods by fixed transport installation

1. Where goods transported by a fixed transport installation enter the customs territory of one Contracting Party through that installation, those goods shall be deemed to be placed under the common transit procedure when entering that territory.

2. Where goods are already in the customs territory of one Contracting Party and is transported by a fixed transport installation, those goods shall be deemed to be placed under the common transit procedure when placed into the fixed transport installation.

3. For the purposes of the common transit procedure where goods are transported by fixed transport installations, the holder of the procedure shall be the operator of the fixed transport installation established in the Contracting Party through the territory of which the goods enter the customs territory of the Contracting Parties in the case referred to in paragraph 1 or the operator of the fixed transport installation in the Contracting Party in which the movement starts in the case referred to in paragraph 2.

The holder of the procedure and the customs authority shall agree on the methods of customs supervision over the goods transported.

4. For the purposes of Article 8(2), the operator of a fixed transport installation established in a country through the territory of which the goods are transported by fixed transport installation shall be regarded as the carrier.

5. Without prejudice to the provisions of paragraph 8, the common transit procedure shall be deemed to have ended when the appropriate entry is made in the commercial records of the consignee or the operator of the fixed transport installation certifying that the goods transported by fixed transport installation:

(a) have arrived at the consignee's plant;

(b) are accepted into the distribution network of the consignee; or

(c) have left the customs territory of the Contracting Parties.

6. When goods moved by fixed transport installation between two Contracting Parties are deemed to have been placed under the common transit procedure in accordance with the provisions of paragraph 2 and, in the course of the operation, cross the territory of a common transit country where the procedure is not used for movement by fixed transport installation, the said procedure shall be suspended whilst the goods cross the territory.

7. When goods are moved by fixed transport installation from a common transit country where the common transit procedure is not used for movement by fixed transport installation to a destination in a Contracting Party where the procedure is used, the said procedure shall be deemed to begin when the goods enter the territory of the latter Contracting Party.

8. When goods are moved by fixed transport installation from a Contracting Party where the common transit procedure is used for movement by fixed transport installation to a destination in a common transit country where the procedure is not used, the said procedure shall be deemed to end when the goods leave the territory of the Contracting Party where the said procedure is used.

Article 54

Optional application of the common transit procedure to the movement of goods by fixed transport installation

A common transit country may decide not to apply the common transit procedure to the movement of goods by fixed transport installation. Such decisions shall be communicated to the Commission which shall inform the other countries.







TITLE III

SIMPLIFICATIONS USED FOR THE COMMON TRANSIT PROCEDURE







CHAPTER I

General provisions concerning simplifications

Article 55

Types of transit simplifications

►M39 1. ◄ Upon application the customs authorities may authorise any of the following simplifications:

(a) use of a comprehensive guarantee or guarantee waiver;

(b) the use of seals of a special type, where sealing is required to ensure the identification of the goods placed under the common transit procedure;

(c) the status of authorised consignor, allowing the holder of the authorisation to place goods under the common transit procedure without presenting them to customs;

(d) the status of authorised consignee, allowing the holder of the authorisation to receive goods moved under the common transit procedure at an authorised place to end the procedure in accordance with Article 48(1);

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(e) the use of the paper-based common transit procedure for goods carried by air;

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(f) the use of the paper-based common transit procedure specific for the goods carried by rail;

(g) the use of other simplified procedures based on Article 6 of the Convention;

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(h) the common transit procedure based on an electronic transport document as a transit declaration for air transport;

(i) the use of a customs declaration with reduced data requirements to place goods under the common transit procedure.

2. The authorisations in accordance with paragraph 1(i) to use of a customs declaration with reduced data requirements to place goods under the common transit procedure shall be granted for:

(a) transport of goods by rail;

(b) transport of goods by air where an electronic transport document is not used as a transit declaration.

3. Until the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, the paper based common transit procedure for goods carried by air as referred to in paragraph 1(e) and the paper based common transit procedure specific for the goods carried by rail as referred to in paragraph 1(f) shall apply. After those dates, those common transit procedures shall not apply.

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Until the dates of deployment of the upgrading of the NCTS referred to in the Annex to Implementing Decision (EU) 2016/578, the simplification referred to in paragraph 1(i) shall not apply.

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Article 56

Territorial scope of the authorisations of simplifications

1. The simplifications referred to in ►M39 Article 55(1)(b) and (c) ◄ shall apply only to common transit operations beginning in the Contracting Party where the authorisation of the simplifications is granted.

2. The simplification referred to in ►M39 Article 55(1)(d) ◄ shall apply only to common transit operations ending in the Contracting Party where the authorisation of the simplification is granted.

3. The ►M39 simplifications ◄ referred to in ►M39 Article 55(1)(e) and (h) ◄ shall apply in the Contracting Parties specified in the authorisation of the ►M39 simplifications ◄ .

4. The ►M39 simplifications ◄ referred to in ►M39 Article 55(1)(a), (f) and (i) ◄ shall apply in all Contracting Parties.

Article 57

General conditions for authorisations of simplifications

1. The authorisation referred to in ►M39 Article 55(1)(a) ◄ shall be granted to applicants fulfilling the following conditions:

(a) the applicant is established in the customs territory of a Contracting Party;

(b) the applicant has not committed any serious infringement or repeated infringement of customs legislation and taxation rules, including no record of serious criminal offences relating to his economic activity;

(c) the applicant regularly uses the common transit procedure or he has the practical standards of competence or professional qualifications directly related to the activity carried out.

2. The authorisations referred to in ►M39 Article 55(1)(b), (c), (d) and (i) ◄ shall be granted to applicants fulfilling the following conditions:

(a) the applicant is established in the customs territory of a Contracting Party;

(b) the applicant declares that he will regularly use the common transit arrangements;

(c) the applicant has not committed any serious infringement or repeated infringement of customs legislation and taxation rules, including no record of serious criminal offences relating to his economic activity;

(d) the applicant demonstrates a high level of control of his operations and of the flow of goods, by means of a system of managing commercial and, where appropriate, transport records, which allows appropriate customs controls;

(e) the applicant has the practical standards of competence or professional qualifications directly related to the activity carried out.

3. The authorisations referred to in ►M39 Article 55(1)(e) ◄ shall be granted to applicants fulfilling the following conditions:

(a) in case of the paper-based common transit procedure for goods carried by air, the applicant is an airline company and is established in the customs territory of a Contracting Party;

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(c) the applicant regularly uses the common transit arrangements, or the competent customs authority knows that he can meet the obligations under those arrangements;

(d) the applicant has not committed any serious or repeated offences against customs or tax legislation.

4. The authorisations referred to in ►M39 Article 55(1)(f) ◄ shall be granted to applicants fulfilling the following conditions:

(a) the applicant is a railway undertaking;

(b) the applicant is established in the customs territory of a Contracting Party;

(c) the applicant regularly uses the transit procedure, or the competent customs authority knows that he can meet the obligations under the procedure; and

(d) the applicant has not committed any serious or repeated offences against customs or tax legislation.

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5. The authorisations referred to in Article 55(1)(h) shall be granted to applicants fulfilling the following conditions:

(a) the applicant is established in the customs territory of a Contracting Party;

(b) the applicant declares that he will regularly use the common transit arrangements;

(c) the applicant has not committed any serious infringement or repeated infringement of customs legislation and taxation rules, including no record of serious criminal offences relating to his economic activity;

(d) the applicant demonstrates a high level of control of his operations and of the flow of goods, by means of a system of managing commercial and, where appropriate, transport records, which allows appropriate customs controls;

(e) the applicant has the practical standards of competence or professional qualifications directly related to the activity carried out;

(f) the applicant operates a significant number of flights between airports in the Contracting Parties;

(g) the applicant demonstrates that he will be able to ensure that the particulars of the electronic transport document are available to the customs office of departure at the airport of departure and to the customs office of destination at the airport of destination and that those particulars are the same at the customs office of departure and the customs office of destination.

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►M39 6. ◄ The authorisations shall only be granted provided that the customs authority considers that it will be able to supervise the common transit procedure and carry out controls without an administrative effort disproportionate to the requirements of the person concerned.

Article 58

Monitoring of the conditions for authorisations

The customs authorities shall monitor the conditions to be fulfilled by the holder of the authorisation. They shall also monitor compliance with the obligations resulting from that authorisation. Where the holder of the authorisation has been established for less than three years, the customs authority shall closely monitor that holder during the first year after the authorisation is granted.

Article 59

Contents of the application for authorisation

1. An application for an authorisation to use simplifications shall be dated and signed. The Contracting Parties shall determine how the application shall be lodged.

2. Applications shall include all the facts which will allow the customs authorities to check that the conditions subject to which use of such simplifications may be granted have been met.

Article 60

Responsibility of the applicant

Persons applying for simplifications shall be responsible, under the provisions in force in the Contracting Parties, and without prejudice to the possible application of penal provisions, for the following:

(a) the accuracy and completeness of the information given in the application;

(b) the authenticity, accuracy and validity of any document supporting the application.

Article 61

Customs authorities competent to grant the authorisation

1. The applications for the simplification referred to in ►M39 Article 55(1)(c) ◄ shall be submitted to the customs authorities competent to grant the authorisation in the country where the common transit operations are due to begin.

2. The applications for the simplification referred to in ►M39 Article 55(1)(d) ◄ shall be submitted to the customs authorities competent to grant the authorisation in the country where the common transit operation are due to be ended.

3. The applications for the simplification referred to in ►M39 Article 55(1)(a), (b), (e), (f), (h) and (i) ◄ shall be submitted to the customs authorities competent for the place where the applicant's main accounts for customs purposes are held or accessible, and where at least part of the activities covered by the authorisation are to be carried out.

The applicant's main accounts shall relate to records and documentation enabling the customs authorities to grant the authorisation.

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4. Where either an authorised consignor as referred to in Article 55(1)(c) or an applicant who is applying for the simplification referred to in Article 55(1)(c) also applies for the simplification referred to in Article 55(1)(b), that application may be submitted to the customs authority competent to take a decision in the country where the common transit operations of the authorised consignor are due to begin.

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Article 62

Acceptance and rejection of applications and granting of authorisations

1. Applications shall be accepted or rejected and authorisations shall be granted in accordance with the provisions in force in the Contracting Parties.

2. Decisions rejecting applications shall state the reasons for rejection and shall be communicated to the applicant in accordance with the time-limits and provisions in force in the relevant Contracting Party.

Article 63

Content of the authorisation

1. The authorisation and one or more certified copies, if necessary, shall be given to the holder of the authorisation.

2. The authorisation shall specify the conditions for use of the simplifications and lay down the operating and control measures.

Article 64

Date of effect of the authorisation

1. The authorisation shall take effect from the date on which the applicant receives it, or is deemed to have received it, and shall be enforceable by the customs authorities from that date.

Except where otherwise provided in the customs legislation, the authorisation shall be valid without limitation of time.

2. The authorisation shall take effect from the date which is different from the date on which the applicant receives it or is deemed to have received it in the following cases:

(a) where the authorisation will favourably affect the applicant and the applicant has requested a different date of effect, in which case the authorisation shall take effect from the date requested by the applicant provided it is subsequent to the date from which it would have been applicable in accordance with paragraph 1;

(b) where a previous authorisation has been issued with a limitation of time and the sole aim of the current decision is to extend its validity, in which case the authorisation shall take effect from the day after the expiry of the period of validity of the former authorisation;

(c) where the effect of the authorisation is conditional upon the completion of certain formalities by the applicant, in which case the authorisation shall take effect from the day on which the applicant receives, or is deemed to have received, the notification from the competent customs authority stating that the formalities have been satisfactorily completed.

Article 65

Annulment, revocation and amendment of authorisations

1. The holder of an authorisation shall inform the customs authorities of any factor arising after the authorisation was granted which may influence its continuation or content.

2. The customs authorities shall annul an authorisation if all the following conditions are fulfilled:

(a) the authorisation was granted on the basis of incorrect or incomplete information;

(b) the holder of the authorisation knew or ought reasonably to have known that the information was incorrect or incomplete;

(c) if the information had been correct and complete, the decision on the authorisation would have been different.

3. An