COUNCIL DECISION (EU) 2020/143

of 28 January 2020

on the position to be taken on behalf of the European Union within the Administrative Committee for the Customs Convention on the international transport of goods under cover of TIR carnets as regards the amendment of the Convention

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The Customs Convention on the international transport of goods under cover of TIR carnets of 14 November 1975 (the ‘TIR Convention’) was concluded by the Union by Council Regulation (EEC) No 2112/78 (1) and entered into force in the Union on 20 June 1983 (2).

(2) Pursuant to Article 59 of the TIR Convention, the Administrative Committee may adopt amendments to that convention by a two‐thirds majority of Contracting Parties present and voting.

(3) During a session in February 2020, the Administrative Committee is to adopt a new Annex 11 and related amendments to the TIR Convention.

(4) It is appropriate to establish the position to be taken on the Union’s behalf in the Administrative Committee, as the amendments to the TIR Convention will have legal effect in the Union.

(5) The Union supports the new Annex 11 to the TIR Convention and the necessary amendments to the body of the TIR Convention as they follow the policy set out by Regulation (EU) No 952/2013 of the European Parliament and of the Council (3) according to which in principle all communications with customs authorities are to be electronic.

(6) A new paragraph (s) of Article 1 of the TIR Convention is to define the ‘eTIR procedure’ applicable to electronic exchange of data between customs authorities.

(7) A new Article 58 quater of the TIR Convention is to establish a technical implementation body which is to adopt the technical specification of the eTIR international system, without prejudice to the existing substantive and institutional framework of the TIR Convention.

(8) A new Article 60 bis is to lay down the special procedure for the entry into force of the new Annex 11 to the TIR Convention and any future amendments to that Annex.

(9) Amendments to Articles 43, 59 and 61 of the TIR Convention are to make adaptations necessary for the introduction of the new Annex 11.

(10) The new Annex 11 to the TIR Convention is to enable the Contracting Parties bound by that Annex to use eTIR operations. It is to enable the Union and its Member States to choose at what point in time to connect their systems to the eTIR international system.

(11) The position of the Union within the Administrative Committee should therefore be based on the draft amendments attached to this Decision,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union’s behalf within the Administrative Committee during its seventy‐second or a subsequent session shall be based on the draft amendments attached to this Decision.

Article 2 The position referred to in Article 1 shall be expressed by the Member States of the Union that are members of the Administrative Committee, acting jointly.

Article 3 Minor technical changes to the draft amendments referred to in Article 1 may be agreed by the representatives of the Union in the Administrative Committee.

Article 4 This decision shall enter into force on the date of its adoption.

Done at Brussels, 28 January 2020. For the Council The President A.METELKO-ZGOMBIĆ

(1) Council Regulation (EEC) No 2112/78 of 25 July 1978 concerning the conclusion of the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975 at Geneva (OJ L 252, 14.9.1978, p. 1).

(2) OJ L 31, 2.2.1983, p. 13.

(3) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).