[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 30.7.2008

COM(2008) 497 final

2008/0164 (ACC)

Proposal for

COUNCIL REGULATION

amending Council Regulation (EEC) No 2112/78 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

c ONTEXT OF THE PROPOSAL

GROUNDS FOR AND OBJECTIVES OF THE PROPOSAL

The Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975 was approved on behalf of the European Economic Community by way of Council Regulation (EEC) No 2112/78. The Convention entered into force in the Community on 20 June 1983.

Following its adoption it has been necessary to amend the TIR Convention in order to modernise and strengthen the TIR procedure, to define more precisely the rights and obligations of all parties involved in the TIR system, and to introduce an electronic system that rapidly informs the international organization about the presentation of TIR carnets at customs offices of destination.

The purpose of this Regulation is for the Council to approve all amendments that have been made by the Contracting Parties to the TIR Convention, including the European Community, but were not formally introduced into the Community's legal order.

General context

The TIR Convention, which is administrated by the United Nations Economic Commission for Europe (UNECE) based in Geneva, has established a customs transit procedure for the international movement of goods by road. There are currently 68 Contracting Parties to the Convention, including the Member States of the European Community and the European Community.

The Convention enables goods, which are under customs and tax suspension, to cross international borders with a minimum of intervention en route by the customs authorities. By easing traditional impediments to the international movement of goods, the TIR system encourages the development of international trade. By reducing delays in transit, it enables significant economies to be made in transport costs. The most important advantage of the system is the fact that the TIR Convention provides, through its international guarantee chain, relatively simple access to the required guarantees.

The TIR Convention was amended several times since 1975. Some of the amendments are technical and concern vehicles or containers that can be considered as secure for transportation of goods under cover of the TIR carnet.

The layout of the TIR carnet has also been changed several times since its implementation with the aim of making the carnet easier to use and to cover all necessary data for a TIR transport.

As with other Customs transit regimes, the TIR procedure has been subject to fraudulent activity. These problems have caused significant losses to the budgets of the Contracting Parties and represented a threat to European business and trade. It has therefore been necessary to amend the TIR Convention in order to make its procedures and formalities more effective in the fight against fraud. While there have been a number of amendments made to the 1975 Convention, the majority of these have concerned highly technical matters relating to matters like vehicle design. In recent years, and in the light of the problems posed by fraudulent activity, the revision process has been more directed to the rights and obligations of the parties concerned.

After the adoption of all amendments by the Administrative Committee for the TIR Convention it appears appropriate to introduce them into the Community's legal order by amending Council Regulation (EEC) No 2112/78.

Existing provisions in the area of the proposal

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.

Consistency with the other policies and objectives of the Union

The proposed Regulation is consistent with the common policy in trade and transport. The TIR system, providing facilitation in road transport, allows goods to travel across the territory of 68 Contracting Parties with a minimum of interference by customs administrations and provides, through an international guarantee chain, relatively simple access to the required guarantees. The simplifications achieved through the TIR Convention are in line with the revised Lisbon strategy. The formal adoption of the amendments is in line with the policy of better regulation.

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT

Consultation of interested parties

Consultation methods, main sectors targeted and general profile of respondents :

Consultations were carried out with the International Road Transport Union, all guaranteeing associations, within the TIR Executive Board, and customs authorities from the Contracting Parties to the TIR Convention. Consultations took place also within the Customs Code Committee meetings, sessions of the Working Party on Customs Questions Affecting Transport, and the Administrative Committee for the TIR Convention.

Summary of responses and how they have been taken into account :

All parties consulted felt it necessary that the Community introduces the amendments to the TIR Convention into its legal order. In the Customs Code Committee the Member States expressed a preference for adoption by the Council of a consolidated version of the TIR Convention rather than a separate adoption of its almost 28 amendments, given that some of them have been overtaken by later amendments and are therefore no longer relevant.

Collection and use of expertise

There was no need for external expertise.

Impact assessment

All amendments to the TIR Convention adopted so far by the Administrative Committee and which are still in force need to be formally adopted by the Community.

Some of these amendments concern technical issues, such as the space between rings and eyelets on the sheet used for TIR vehicles, the possibility to use loading lists as annexes to the TIR carnet even when there would be enough space in the manifest to enter information on all goods carried, new security requirements to load compartment floors for TIR vehicles, the way how to secure the ventilation aperture in TIR vehicles or the construction of certain types of road vehicles.

Other amendments are of a non technical nature, such as the requirement that businesses issuing and using TIR carnets have to be authorised by the Customs authorities. Furthermore, the TIR Executive Board was established, which is an executive body comprising TIR experts who are charged with the task to supervise the application of the Convention. Finally, the roles and responsibilities of the major players involved in the TIR system have been clarified more precisely.

In order to control more effectively and safeguard the present functioning of the TIR regime, an electronic system informing the international organization in charge of the organization and functioning of the guarantee chain about the presentation of TIR carnets at customs offices of destination has been introduced. The new Annex 10 formally implements the SafeTIR system that monitors, to the benefit off all parties involved, the termination/partial termination of TIR operations.

By adopting this Regulation the Community will introduce the amended TIRConvention into its legal order for the benefit of the customs authorities and the transport industry.

LEGAL ELEMENTS OF THE PROPOSAL

Summary of the proposed action

The proposed Regulation formally introduces all amendments of the TIR Convention which are still in force and amends the 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.

Legal basis

Article 133 of the Treaty establishing the European Community.

Subsidiarity principle

The Community is a Contracting Party to the TIR Convention and therefore obliged to apply the amendments to the TIR Convention. The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply.

Proportionality principle

The proposal is in conformity with the principle of proportionality. It implements the amendments of an international agreement which as such respects the principle of proportionality. All these amendments have already been adopted by the Administrative committee for the TIR Convention and are already applied in all Member States.

Choice of instruments

Proposed instruments: Regulation.

The proposed Regulation amends Regulation (EEC) 2112/78 which introduced the TIR Convention into the Community's legal order.

BUDGETARY IMPLICATION

The proposal has no implication for the Community budget.

additional information

Simplification

The proposal provides for simplification of legislation.

The proposed Regulation introduces into the Community's legal order all amendments of the TIR Convention which are still in force.

Amendment of existing legislation

The adoption of the proposal will replace the annex to 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.

2008/0164 (ACC)

Proposal for

COUNCIL REGULATION

amending Council Regulation (EEC) No 2112/78 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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal by the Commission[1],

Whereas:

1. The Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975[2] was approved on behalf of the European Community by Council Regulation (EEC) No 2112/78[3] and entered into force in the Community on 20 June 1983[4].

2. The TIR system enables goods to be transported within an international transit regime with a minimum of interference by customs administrations en route and provides, through its international guarantee chain, relatively simple access to the required guarantees.

3. Several amendments of the TIR Convention have been adopted in different phases since 1975 in accordance with the procedure set out in Articles 59 and 60 of that Convention. The aim of these amendments which were made in different phases was to make the TIR procedure more secure and to adapt it to the changing transport and customs environment.

4. The amendments made in the first phase entered into force in February 1999 and introduced Annex 9 to the Convention. This Annex laid down minimum requirements and conditions for the access to the TIR procedure. These amendments give access to the TIR system only to authorised transport operators and approved national guaranteeing associations. This provides national administrations with a tool to fully control and monitor main users of the TIR system.

5. At the same time the TIR Executive Board was established. This body which comprises TIR experts is charged with the task to supervise the application of the Convention and, if necessary, to facilitate the settlement of disputes between Contracting Parties, associations, insurance companies and international organizations involved in the TIR system.

6. The amendments made in the second phase entered into force in May 2002 and strengthened the TIR procedure by defining more clearly the roles and responsibilities of the international organization responsible for the functioning and organization of the TIR system. The relationship between this organization, its member associations and also Administrative Committee for the TIR Convention was defined.

7. In addition, new provisions on the construction of certain types of road vehicles were introduced under the second phase. These amendments were requested by the transport industry and give the possibility to use for TIR transports vehicles or containers with sliding sheets.

8. In order to control more effectively the TIR system and to safeguard its functioning of the TIR regime provisions concerning an electronic system informing the international organization in charge of organization and functioning of the guarantee chain about the presentation of TIR carnets at customs offices of destination was introduced. The SafeTIR system was introduced as Annex 10 to the TIR Convention and entered into force in August 2006.

9. Whenever such need was identified other amendments to the TIR Convention were introduced. In order to simplify the use of the TIR carnet and to fully cover all data that is required for the TIR transport, the layout of the TIR carnet was adjusted. Under certain conditions also loading lists may be used as annexes to the TIR carnet even when there would be enough space in the manifest to enter information on all goods carried. A procedure for cases in which a part of the TIR transport cannot be made by road or where this part is not covered by the TIR system was also introduced.

10. Regulation (EEC) No 2112/78 should therefore be amended accordingly.

11. In view of the number of changes to be made, clarity requires that the Annex to Regulation (EEC) No 2112/78 is replaced in its entirety.

12. All amendments adopted in accordance with the procedure set out in Article 59 and 60 of the Convention until the end of 2008 are included in the Annex to this Regulation. Therefore, the Regulation should enter into force on 1 January 2009.

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EEC) No 2112/78 is replaced by the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 1 January 2009.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

For the Council

[…]

The President

ANNEX

CONVENTION ON THE INTERNATIONAL TRANSPORT OF GOODS UNDER COVER OF TIR CARNETS (TIR CONVENTION, 1975)

THE CONTRACTING PARTIES,

DESIRING to facilitate the international carriage of goods by road vehicle,

CONSIDERING that the improvement of the conditions of transport constitutes one of the factors essential to the development of co-operation among them,

DECLARING themselves in favour of a simplification and a harmonization of administrative formalities in the field of international transport, in particular at frontiers,

HAVE AGREED as follows:

Chapter I

General

a) Definitions

Article 1

For the purposes of this Convention:

a) The term "TIR transport" shall mean the transport of goods from a Customs office of departure to a Customs office of destination under the procedure, called the TIR procedure, laid down in this Convention;

b) the term “TIR operation” shall mean the part of a TIR transport that is carried out in a Contracting Party from a Customs office of departure or entry ( en route ) to a Customs office of destination or exit ( en route );

c) the term “start of a TIR operation” shall mean that the road vehicle, the combination of vehicles or the container have been presented for purposes of control to the Customs office of departure or entry ( en route ) together with the load and the TIR Carnet relating thereto and that the TIR Carnet has been accepted by the Customs office;

d) the term “termination of a TIR operation” shall mean that the road vehicle, the combination of vehicles or the container have been presented for purposes of control to the Customs office of destination or of exit ( en route ) together with the load and the TIR Carnet relating thereto;

e) the term “discharge of a TIR operation” shall mean the recognition by Customs authorities that the TIR operation has been terminated correctly in a Contracting Party. This is established by the Customs authorities on the basis of a comparison of the data or information available at the Customs office of destination or exit ( en route ) and that available at the Customs office of departure or entry ( en route );

f) the term "import or export duties and taxes" shall mean Customs duties and all other duties, taxes, fees and other charges which are collected on, or in connection with, the import or export of goods, but not including fees and charges limited in amount to the approximate cost of services rendered;

g) the term "road vehicle" shall mean not only any power-driven road vehicle but also any trailer or semi-trailer designed to be coupled thereto;

h) the term "combination of vehicles" shall mean coupled vehicles which travel on the road as a unit;

j) the term "container" shall mean an article of transport equipment (lift-van, movable tank or other similar structure):

i) fully or partially enclosed to constitute a compartment intended for containing goods,

ii) of a permanent character and accordingly strong enough to be suitable for repeated use,

iii) specially designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading,

iv) designed for ready handling, particularly when being transferred from one mode of transport to another,

v) designed to be easy to fill and to empty, and

vi) having an internal volume of one cubic metre or more,

"demountable bodies" are to be treated as containers;

k) the term "Customs office of departure" shall mean any Customs office of a Contracting Party where the TIR transport of a load or part load of goods begins;

l) the term "Customs office of destination" shall mean any Customs office of a Contracting Party where the TIR transport of a load or part load of goods ends;

m) the term "Customs office en route " shall mean any Customs office of a Contracting Party through which a road vehicle, combination of vehicles or container enters or leaves this Contracting Party in the course of a TIR transport;

n) the term "person" shall mean both natural and legal persons;

o) the term “holder” of a TIR Carnet shall mean the person to whom a TIR Carnet has been issued in accordance with the relevant provisions of the Convention and on whose behalf a Customs declaration has been made in the form of a TIR Carnet indicating a wish to place goods under the TIR procedure at the Customs office of departure. He shall be responsible for presentation of the road vehicle, the combination of vehicles or the container together with the load and the TIR Carnet relating thereto at the Customs office of departure, the Customs office en route and the Customs office of destination and for due observance of the other relevant provisions of the Convention;

p) the term "heavy or bulky goods" shall mean any heavy or bulky object which because of its weight, size or nature is not normally carried in a closed vehicle or closed container;

q) the term "guaranteeing association" shall mean an association approved by the Customs authorities of a Contracting Party to act as surety for persons using the TIR procedure.

b) Scope

Article 2

This Convention shall apply to the transport of goods without intermediate reloading, in road vehicles, combinations of vehicles or in containers, across one or more frontiers between a Customs office of departure of one Contracting Party and a Customs office of destination of another or of the same Contracting Party, provided that some portion of the journey between the beginning and the end of the TIR transport is made by road.

Article 3

For the provisions of this Convention to become applicable:

a) the transport operation must be performed

i) by means of road vehicles, combinations of vehicles or containers previously approved under the conditions set forth in Chapter III (a), or

ii) by means of other road vehicles, other combinations of vehicles or other containers under the conditions set forth in Chapter III (c), or

iii) by road vehicles or special vehicles such as buses, cranes, sweepers, concrete-laying machines, etc. exported and therefore themselves considered as goods travelling by their own means from a Customs office of departure to a Customs office of destination under the conditions set forth in Chapter III (c). In case such vehicles are carrying other goods, the conditions as referred to under (i) or (ii) above shall apply accordingly;

b) the transport operations must be guaranteed by associations approved in accordance with the provisions of Article 6 and must be performed under cover of a TIR Carnet, which shall conform to the model reproduced in Annex 1 to this Convention.

c) Principles

Article 4

Goods carried under the TIR procedure shall not be subjected to the payment or deposit of import or export duties and taxes at Customs offices en route .

Article 5

1 Goods carried under the TIR procedure in sealed road vehicles, combinations of vehicles or containers shall not as a general rule be subjected to examination at Customs offices en route .

2 However, to prevent abuses, Customs authorities may in exceptional cases, and particularly when irregularity is suspected, carry out an examination of the goods at such offices.

Chapter II

Issue of TIR Carnets

Liability of guaranteeing associations

Article 6

1. Each Contracting Party may authorize associations to issue TIR Carnets, either directly or through corresponding associations, and to act as guarantors, as long as the minimum conditions and requirements, as laid down in Annex 9, Part I, are complied with. The authorization shall be revoked if the minimum conditions and requirements contained in Annex 9, Part I are no longer fulfilled.

2. An association shall not be approved in any country unless its guarantee also covers the liabilities incurred in that country in connection with operations under cover of TIR Carnets issued by foreign associations affiliated to the same international organization as that to which it is itself affiliated.

2 bis . An international organization, as referred to in paragraph 2, shall be authorized by the Administrative Committee to take on responsibility for the effective organization and functioning of an international guarantee system provided that it accepts this responsibility.

3. An association shall issue TIR Carnets only to persons whose access to the TIR procedure has not been refused by the competent authorities of Contracting Parties in which the person is resident or established.

4. Authorization for access to the TIR procedure shall be granted only to persons who fulfil the minimum conditions and requirements laid down in Annex 9, Part II to this Convention. Without prejudice to Article 38, the authorization shall be revoked if the fulfilment of these criteria is no longer ensured.

5. Authorization for access to the TIR procedure shall be granted according to the procedure laid down in Annex 9, Part II to this Convention.

Article 7

TIR Carnet forms sent to the guaranteeing associations by the corresponding foreign associations or by international organizations shall not be liable to import and export duties and taxes and shall be free of import and export prohibitions and restrictions.

Article 8

1. The guaranteeing association shall undertake to pay the import or export duties and taxes, together with any default interest, due under the Customs laws and regulations of the country in which an irregularity has been noted in connection with a TIR operation. It shall be liable, jointly and severally with the persons from whom the sums mentioned above are due, for payment of such sums.

2. In cases where the laws and regulations of a Contracting Party do not provide for payment of import or export duties and taxes as provided for in paragraph 1 above, the guaranteeing association shall undertake to pay, under the same conditions, a sum equal to the amount of the import or export duties and taxes and any default interest.

3. Each Contracting Party shall determine the maximum sum per TIR Carnet, which may be claimed from the guaranteeing association on the basis of the provisions of paragraphs 1 and 2 above.

4. The liability of the guaranteeing association to the authorities of the country where the Customs office of departure is situated shall commence at the time when the TIR Carnet is accepted by the Customs office. In the succeeding countries through which goods are transported under the TIR procedure, this liability shall commence at the time when the goods enter these countries or, where the TIR transport has been suspended under Article 26, paragraphs 1 and 2, at the time when the TIR Carnet is accepted by the Customs office where the TIR transport is resumed.

5. The liability of the guaranteeing association shall cover not only the goods which are enumerated in the TIR Carnet but also any goods which, though not enumerated therein, may be contained in the sealed section of the road vehicle or in the sealed container. It shall not extend to any other goods.

6. For the purpose of determining the duties and taxes mentioned in paragraphs 1 and 2 of this Article, the particulars of the goods as entered in the TIR Carnet shall, in the absence of evidence to the contrary, be assumed to be correct.

7. When payment of sums mentioned in paragraphs 1 and 2 of this Article becomes due, the competent authorities shall so far as possible require payment from the person or persons directly liable before making a claim against the guaranteeing association.

Article 9

1. The guaranteeing association shall fix the period of validity of the TIR Carnet by specifying a final date of validity after which the Carnet may not be presented for acceptance at the Customs office of departure.

2. Provided that it has been accepted by the Customs office of departure on or before the final date of validity, as provided for in paragraph 1 of this Article, the Carnet shall remain valid until the termination of the TIR operation at the Customs office of destination.

Article 10

1. Discharge of a TIR operation has to take place without delay.

2. When the Customs authorities of a country have discharged a TIR operation they can no longer claim from the guaranteeing association payment of the sums mentioned in Article 8, paragraphs 1 and 2, unless the certificate of termination of the TIR operation was obtained in an improper or fraudulent manner or no termination has taken place.

Article 11

1. Where a TIR operation has not been discharged, the competent authorities shall not have the right to claim payment of the sums mentioned in Article 8, paragraphs 1 and 2, from the guaranteeing association unless, within a period of one year from the date of acceptance of the TIR Carnet by those authorities, they have notified the association in writing of the non-discharge. The same provision shall apply where the certificate of termination of the TIR operation was obtained in an improper or fraudulent manner, save that the period shall be two years.

2. The claim for payment of the sums referred to in Article 8, paragraphs 1 and 2 shall be made to the guaranteeing association at the earliest three months after the date on which the association was informed that the operation had not been discharged or that the certificate of termination of the TIR operation had been obtained in an improper or fraudulent manner and at the latest not more than two years after that date. However, in cases which, during the above-mentioned period of two years, become the subject of legal proceedings, any claim for payment shall be made within one year of the date on which the decision of the court becomes enforceable.

3. The guaranteeing association shall have a period of three months, from the date when a claim for payment is made upon it, in which to pay the amounts claimed. The sums paid shall be reimbursed to the association if, within the two years following the date on which the claim for payment was made, it has been established to the satisfaction of the Customs authorities that no irregularity was committed in connection with the transport operation in question.

Chapter III

Transport of goods under TIR Carnet

a) Approval of vehicles and containers

Article 12

In order to fall within the provisions of sections (a) and (b) of this Chapter, every road vehicle must as regards its construction and equipment fulfil the conditions set out in Annex 2 to this Convention and must have been approved according to the procedure laid down in Annex 3 to this Convention. The Certificate of Approval shall conform to the specimen reproduced in Annex 4.

Article 13

1. To fall within the provisions of sections (a) and (b) of this Chapter, containers must be constructed in conformity with the conditions laid down in Part I of Annex 7 and must have been approved according to the procedure laid down in Part II of that Annex.

2. Containers approved for the transport of goods under Customs seal in accordance with the Customs Convention on Containers, 1956, the agreements arising there from concluded under the auspices of the United Nations, the Customs Convention on Containers, 1972 or any international instruments that may supersede or modify the latter Convention, shall be considered as complying with the provisions of paragraph 1 above and must be accepted for transport under the TIR procedure without further approval.

Article 14

1. Each Contracting Party reserves the right to refuse to recognize the validity of the approval of road vehicles or containers which do not meet the conditions set forth in Articles 12 and 13 above. Nevertheless, Contracting Parties shall avoid delaying traffic when the defects found are of minor importance and do not involve any risk of smuggling.

2. Before it is used again for the transport of goods under Customs seal, any road vehicle or container which no longer meets the conditions which justified its approval, shall be either restored to its original state, or presented for re-approval.

b) Procedure for transport under cover of a TIR Carnet

Article 15

1. No special Customs documents shall be required in respect of the temporary importation of a road vehicle, combination of vehicles or container carrying goods under cover of the TIR procedure. No guarantee shall be required for the road vehicle or combination of vehicles or container.

2. The provisions of paragraph 1 of this Article shall not prevent a Contracting Party from requiring the fulfilment at the Customs office of destination of the formalities laid down by its national regulations to ensure that, once the TIR operation has been completed, the road vehicle, the combination of vehicles or the container will be re-exported.

Article 16

When a road vehicle or combination of vehicles is carrying out a TIR transport, one rectangular plate bearing the inscription "TIR" and conforming to the specifications given in Annex 5 to this Convention, shall be affixed to the front and another to the rear of the road vehicle or combination of vehicles. These plates shall be so placed as to be clearly visible. They shall be removable or be fitted or designed in such a way that these plates can be reversed, covered, folded or indicate in any other manner that a TIR transport is not carried out.

Article 17

1. A single TIR Carnet shall be made out in respect of each road vehicle or container. However, a single TIR Carnet may be made out in respect of a combination of vehicles or for several containers loaded on to a single road vehicle or on to a combination of vehicles. In that case the TIR manifest of the goods covered by the TIR Carnet shall list separately the contents of each vehicle in the combination of vehicles or of each container.

2. The TIR Carnet shall be valid for one journey only. It shall contain at least the number of detachable vouchers which are necessary for the TIR transport in question.

Article 18

A TIR transport may involve several Customs offices of departure and destination, but the total number of Customs offices of departure and destination shall not exceed four. The TIR Carnet may only be presented to Customs offices of destination if all Customs offices of departure have accepted the TIR Carnet.

Article 19

The goods and the road vehicle, the combination of vehicles or the container shall be produced with the TIR Carnet at the Customs office of departure. The Customs authorities of the country of departure shall take such measures as are necessary for satisfying themselves as to the accuracy of the goods manifest and either for affixing the Customs seals or for checking Customs seals affixed under the responsibility of the said Customs authorities by duly authorized persons.

Article 20

For journeys in the territory of their country, the Customs authorities may fix a time-limit and require the road vehicle, the combination of vehicles or the container to follow a prescribed route.

Article 21

At each Customs office en route and at Customs offices of destination, the road vehicle, the combination of vehicles or the container shall be produced for purposes of control to the Customs authorities together with the load and the TIR Carnet relating thereto.

Article 22

1. As a general rule and except when they examine the goods in accordance with Article 5, paragraph 2, the Customs authorities of the Customs offices en route of each of the Contracting Parties shall accept the Customs seals of other Contracting Parties, provided that they are intact. The said Customs authorities may, however, if control requirements make it necessary, add their own seals.

2. The Customs seals thus accepted by a Contracting Party shall have in the territory of that Contracting Party the benefit of the same legal protection as is accorded to the national seals.

Article 23

The Customs authorities shall not:

- require road vehicles, combinations of vehicles or containers to be escorted at the carriers' expense on the territory of their country,

- require examination en route of road vehicles, combinations of vehicles or containers and their loads

except in special cases.

Article 24

If the Customs authorities conduct an examination of the load of a road vehicle, combination of vehicles or the container in the course of the journey or at a Customs office en route , they shall record on the TIR Carnet vouchers used in their country, on the corresponding counterfoils, and on the vouchers remaining in the TIR Carnet, particulars of the new seals affixed and of the controls carried out.

Article 25

If the Customs seals are broken en route otherwise than in the circumstances of Articles 24 and 35, or if any goods are destroyed or damaged without breaking of such seals, the procedure laid down in Annex I to this Convention for the use of the TIR Carnet shall, without prejudice to the possible application of the provisions of national law, be followed and the certified report in the TIR Carnet shall be completed.

Article 26

1. When transport under cover of a TIR Carnet takes place in part in the territory of a State which is not a Contracting Party to this Convention, the TIR transport shall be suspended during that part of the journey. In that case, the Customs authorities of the Contracting Party on whose territory the journey continues shall accept the TIR Carnet for the resumption of the TIR transport, provided that the Customs seals and/or identifying marks have remained intact. Where the Customs seals have not remained intact, the customs authorities may accept the TIR Carnet for resumption of the TIR transport under the provisions of Article 25.

2. The same shall apply where for a part of the journey the TIR Carnet is not used by the holder of the Carnet in the territory of a Contracting Party because of the existence of simpler Customs transit procedures or when the use of a Customs transit regime is not necessary.

3. In such cases the Customs offices where the TIR transport is suspended or resumed shall be deemed to be Customs offices of exit en route and Customs offices of entry en route respectively.

Article 27

Subject to the provisions of this Convention and in particular of Article 18, another Customs office of destination may be substituted for a Customs office of destination originally indicated.

Article 28

1. Termination of a TIR operation shall be certified by the Customs authorities without delay. Termination of a TIR operation may be certified without or with reservation: where termination is certified with reservation this shall be on account of facts connected with the TIR operation itself. These facts shall be clearly indicated in the TIR Carnet.

2. In cases where the goods are placed under another Customs procedure or another system of Customs control, all irregularities that may be committed under that other Customs procedure or system of Customs control shall not be attributed to the TIR Carnet holder as such or any person acting on his behalf.

c) Provisions concerning transport of heavyor bulky goods

Article 29

1. The provisions of this section apply only to the transport of heavy or bulky goods as defined in Article 1, subparagraph (p), of this Convention.

2. Where the provisions of this section apply, heavy or bulky goods may, if the authorities at the Customs office of departure so decide, be carried by means of non-sealed vehicles or containers.

3. The provisions of this section shall apply only if, in the opinion of the authorities at the Customs office of departure, the heavy or bulky goods carried and any accessories carried with them can be easily identified by reference to the description given, or can be provided with Customs seals and/or identifying marks so as to prevent any substitution, or removal of the goods, without it being obvious.

Article 30

All the provisions of this Convention, save those to which the special provisions of this section make an exception, shall apply to the transport of heavy or bulky goods under the TIR procedure.

Article 31

The liability of the guaranteeing association shall cover not only the goods enumerated in the TIR Carnet, but also any goods which, though not enumerated in the Carnet, are on the load platform or among the goods enumerated in the TIR Carnet.

Article 32

The cover and all vouchers of the TIR Carnet shall bear the endorsement "heavy or bulky goods" in bold letters in English or in French.

Article 33

The authorities at the Customs office of departure may require such packing lists, photographs, drawings, etc., as are necessary for the identification of the goods carried to be appended to the TIR Carnet. In this case they shall endorse these documents, one copy of the said documents shall be attached to the inside of the cover page of the TIR Carnet, and all the manifests of the TIR Carnet shall include a reference to such documents.

Article 34

The authorities at the Customs offices en route of each of the Contracting Parties shall accept the Customs seals and/or identifying marks affixed by the competent authorities of other Contracting Parties. They may, however, affix additional seals and/or identifying marks; they shall record particulars of the new seals and/or identifying marks on the vouchers of the TIR Carnet used in their country, on the corresponding counterfoils and on the vouchers remaining in the TIR Carnet.

Article 35

If Customs authorities conducting an examination of the load at a Customs office en route or in the course of the journey are obliged to break seals and/or remove identifying marks, they shall record the new seals and/or identifying marks on the vouchers of the TIR Carnet used in their country, on the corresponding counterfoils and on the vouchers remaining in the TIR Carnet.

Chapter IV

Irregularities

Article 36

Any breach of the provisions of this Convention shall render the offender liable, in the country where the offence was committed, to the penalties prescribed by the law of that country.

Article 37

When it is not possible to establish in which territory an irregularity was committed, it shall be deemed to have been committed in the territory of the Contracting Party where it is detected.

Article 38

1. Each of the Contracting Parties shall have the right to exclude temporarily or permanently from the operation of this Convention any person guilty of a serious offence against the Customs laws or regulations applicable to the international transport of goods.

2. This exclusion shall be notified within one week to the competent authorities of the Contracting Party on whose territory the person concerned is established or resident, to the association(s) in the country or Customs territory where the offence has been committed and to the TIR Executive Board.

Article 39

When TIR operations are accepted as being otherwise in order:

1. The Contracting Parties shall disregard minor discrepancies in the observance of time-limits or routes prescribed.

2. Likewise, discrepancies between the particulars on the goods manifest of the TIR Carnet and the actual contents of a road vehicle, combination of vehicles or container shall not be considered as infringements of the Convention by the holder of the TIR Carnet when evidence is produced to the satisfaction of the competent authorities that these discrepancies were not due to mistakes committed knowingly or through negligence at the time when the goods were loaded or dispatched or when the manifest was made out.

Article 40

The Customs administrations of the countries of departure and of destination shall not consider the holder of the TIR Carnet responsible for the discrepancies which may be discovered in those countries, when the discrepancies in fact relate to the Customs procedures which preceded or followed a TIR transport and in which the holder was not involved.

Article 41

When it is established to the satisfaction of the Customs authorities that goods specified on the manifest of a TIR Carnet have been destroyed or have been irrecoverably lost by accident or force majeure or that they are short by reason of their nature, payment of the duties and taxes normally due shall be waived.

Article 42

On receipt from a Contracting Party for a request giving the relevant reasons, the competent authorities of the Contracting Parties concerned in a TIR transport shall furnish that Contracting Party with all the available information needed for implementation of the provisions of Articles 39, 40 and 41 above.

Article 42 bis

The competent authorities, in close cooperation with the associations, shall take all necessary measures to ensure the proper use of TIR Carnets. To this effect they may take appropriate national and international control measures. National control measures taken in this context by the competent authorities shall be communicated immediately to the TIR Executive Board which will examine their conformity with the provisions of the Convention. International control measures shall be adopted by the Administrative Committee.

Article 42 ter

The competent authorities of the Contracting Parties shall, as appropriate, provide authorized associations with information that they require to fulfill the undertaking given in accordance with Annex 9, part 1, Article 1 (f) (iii).

Annex 10 set out the information to be provided in particular cases.

Chapter V

Explanatory Notes

Article 43

The Explanatory Notes set out in Annex 6 and Annex 7, Part III, interpret certain provisions of this Convention and its Annexes. They also describe certain recommended practices.

Chapter VI

Miscellaneous provisions

Article 44

Each Contracting Party shall provide the guaranteeing associations concerned with facilities for:

a) the transfer of the currency necessary for the sums claimed by the authorities of Contracting Parties by virtue of the provisions of Article 8 of this Convention; and

b) the transfer of currency for payment for TIR Carnet forms sent to the guaranteeing associations by the corresponding foreign associations or by the international organizations.

Article 45

Each Contracting Party shall cause to be published the list of the Customs offices of departure, Customs offices en route and Customs offices of destination approved by it for accomplishing TIR operations. The Contracting Parties of adjacent territories shall consult each other to agree upon corresponding frontier offices and upon their opening hours.

Article 46

1. No charge shall be made for Customs attendance in connection with the Customs operations mentioned in this Convention, save where it is provided on days or at times or places other than those normally appointed for such operations.

2. Contracting Parties shall arrange to the fullest extent possible for Customs operations concerning perishable goods at Customs offices to be facilitated.

Article 47

1. The provisions of this Convention shall preclude neither the application of restrictions and controls imposed under national regulations on grounds of public morality, public security, hygiene or public health, or for veterinary or phytopathological reasons, nor the levy of dues chargeable by virtue of such regulations.

2. The provisions of this Convention shall not preclude the application of other provisions either national or international governing transport.

Article 48

Nothing in this Convention shall prevent Contracting Parties which form a Customs or Economic Union from enacting special provisions in respect of transport operations commencing or terminating, or passing through, their territories, provided that such provisions do not attenuate the facilities provided for by this Convention.

Article 49

This Convention shall not prevent the application of greater facilities which Contracting Parties grant or may wish to grant either by unilateral provisions or by virtue of bilateral or multilateral agreements provided that such facilities do not impede the application of the provisions of this Convention, and in particular, TIR operations.

Article 50

The Contracting Parties shall communicate to one another, on request, information necessary for implementing the provisions of this Convention, and particularly information relating to the approval of road vehicles or containers and to the technical characteristics of their design.

Article 51

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

Chapter VII

Final clauses

Article 52

Signature, ratification, acceptance, approval and accession

1. All States Members of the United Nations or members of any of the specialized agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Court of Justice, and any other State invited by the General Assembly of the United Nations, may become Contracting Parties to this Convention:

a) by signing it without reservation of ratification, acceptance or approval;

b) by depositing an instrument of ratification, acceptance or approval after signing it subject to ratification, acceptance or approval; or

c) by depositing an instrument of accession.

2. This Convention shall be open from 1 January 1976 until 1 December 1976 inclusive for signature at the Office of the United Nations at Geneva by the States referred to in paragraph 1 of this Article. Thereafter it shall be open for their accession.

3. Customs or economic unions may, together with all their member States or at any time after all their member States have become Contracting Parties to this Convention, also become Contracting Parties to this Convention in accordance with the provisions of paragraphs 1 and 2 of this Article. However, these unions shall not have the right to vote.

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

Article 53

Entry into force

1. This Convention shall enter into force six months after the date on which five States referred to in Article 52, paragraph 1, have signed it without reservation of ratification, acceptance or approval or have deposited their instruments of ratification, acceptance, approval or accession.

2. After five States referred to in Article 52, paragraph 1, have signed it without reservation of ratification, acceptance or approval, or have deposited their instruments of ratification, acceptance, approval or accession, this Convention shall enter into force for further Contracting Parties six months after the date of the deposit of their instruments of ratification, acceptance, approval or accession.

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

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

Article 54

Denunciation

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

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

3. The validity of TIR Carnets accepted by the Customs office of departure before the date when the denunciation takes effect shall not be affected thereby and the guarantee of the guaranteeing association shall hold good in accordance with the provisions of this Convention.

Article 55

Termination

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

Article 56

Termination of the operation of the TIR Convention, 1959

1. Upon its entry into force, this Convention shall terminate and replace, in relations between the Contracting Parties to this Convention, the TIR Convention, 1959.

2. Certificates of approval issued in respect of road vehicles and containers under the conditions of the TIR Convention, 1959, shall be accepted during the period of their validity or any extension thereof for the transport of goods under Customs seal by Contracting Parties to this Convention, provided that such vehicles and containers continue to fulfil the conditions under which they were originally approved.

Article 57

Settlement of disputes

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

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

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

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

5. Decisions of the arbitration tribunal shall be taken by majority vote.

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

Article 58

Reservations

1. Any State may, at the time of signing, ratifying or acceding to this Convention, declare that it does not consider itself bound by Article 57, paragraphs 2 to 6, of this Convention. Other Contracting Parties shall not be bound by these paragraphs in respect of any Contracting Party which has entered such a reservation.

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

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

Article 58 bis

Administrative Committee

An Administrative Committee composed of all the Contracting Parties shall be established. Its composition, functions and rules of procedure are set out in Annex 8.

Article 58 ter

TIR Executive Board

The Administrative Committee shall establish a TIR Executive Board as a subsidiary body which will, on its behalf, fulfil the tasks entrusted to it by the Convention and by the Committee. Its composition, functions and rules of procedure are set out in Annex 8.

Article 59

Procedure for amending this Convention

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

2. Any proposed amendment to this Convention shall be considered by the Administrative Committee composed of all the Contracting Parties in accordance with the rules of procedure set out in Annex 8. Any such amendment considered or prepared during the meeting of the Administrative Committee and adopted by it by a two-thirds majority of the members present and voting shall be communicated by the Secretary-General of the United Nations to the Contracting Parties for their acceptance.

3. Except as provided for under Article 60, any proposed amendment communicated in accordance with the preceding paragraph shall come into force with respect to all Contracting Parties three months after the expiry of a period of twelve months following the date of communication of the proposed amendment during which period no objection to the proposed amendment has been communicated to the Secretary-General of the United Nations by a State which is a Contracting Party.

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

Article 60

Special procedure for amending Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10

1. Any proposed amendment to Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 considered in accordance with paragraphs 1 and 2 of Article 59 shall come into force on a date to be determined by the Administrative Committee at the time of its adoption, unless by a prior date determined by the Administrative Committee at the same time, one-fifth or five of the States which are Contracting Parties, whichever number is less, notify the Secretary-General of the United Nations of their objection to the amendment. Determination by the Administrative Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting.

2. On entry into force, any amendment adopted in accordance with the procedures set out in paragraph 1 above shall for all Contracting Parties replace and supersede any previous provisions to which the amendment refers.

Article 61

Requests, communications and objections

The Secretary-General of the United Nations shall inform all Contracting Parties and all States referred to in Article 52, paragraph 1, of this Convention of any request, communication or objection under Articles 59 and 60 above and of the date on which any amendment enters into force.

Article 62

Review Conference

1. Any State which is a Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing this Convention.

2. A review conference to which all Contracting Parties and all States referred to in Article 52, paragraph 1, shall be invited, shall be convened by the Secretary-General of the United Nations if, within a period of six months following the date of notification by the Secretary-General, not less than one-fourth of the States which are Contracting Parties notify him of their concurrence with the request.

3. A review conference to which all Contracting Parties and all States referred to in Article 52, paragraph 1, shall be invited shall also be convened by the Secretary-General of the United Nations upon notification of a request by the Administrative Committee. The Administrative Committee shall make a request if agreed to by a majority of those present and voting in the Committee.

4. If a conference is convened in pursuance of paragraphs 1 or 3 of this Article, the Secretary-General of the United Nations shall so advise all the Contracting Parties and invite them to submit, within a period of three months, the proposals which they wish the conference to consider. The Secretary-General of the United Nations shall circulate to all Contracting Parties the provisional agenda for the conference, together with the texts of such proposals, at least three months before the date on which the conference is to meet.

Article 63

Notifications

In addition to the notifications and communications provided for in Articles 61 and 62, the Secretary-General of the United Nations shall notify all the States referred to in Article 52 of the following:

a) signatures, ratifications, acceptances, approvals and accessions under Article 52;

b) the dates of entry into force of this Convention in accordance with Article 53;

c) denunciations under Article 54;

d) the termination of this Convention under Article 55;

e) reservations under Article 58.

Article 64

Authentic text

After 31 December 1976, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the Contracting Parties and to the States referred to in Article 52, paragraph 1, which are not Contracting Parties.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.

DONE at Geneva, this fourteenth day of November one thousand nine hundred and seventy-five, in a single copy in the English, French and Russian languages, the three texts being equally authentic.

2.2 ANNEXES TO THE TIR CONVENTION OF 1975 (including explanatory notes and related comments)

Annex 1

MODEL OF THE TIR CARNET

Version 1

1. The TIR Carnet is printed in French except for page 1 of the cover where the items are also printed in English. The "Rules regarding the Use of the TIR Carnet" given in French on page 2 of the cover are also printed in English on page 3 of the cover. The "Certified Report" may also appear, on its reverse side, in a language other than French, as may be appropriate.

2. Carnets used for TIR operations within a regional guarantee chain may be printed in any other official language of the United Nations except for page 1 of the cover where the items are also printed in English or French. The "Rules regarding the Use of the TIR Carnet" are printed on page 2 of the cover in the official language of the United Nations used and are also printed in English or French on page 3 of the cover.

Version 2

3. For the transport of tobacco and alcohol for which an increased guarantee may be claimed from the guaranteeing association, in line with Annex 6, Explanatory Note 0.8.3, Customs authorities shall request TIR Carnets to be clearly marked "TOBACCO/ALCOHOL" and "TABAC/ALCOOL" on the cover and on all vouchers. In addition, these Carnets must provide details, at least in English and French, on the categories of tobacco and alcohol guaranteed, on a separate sheet inserted into the Carnet following page 2 of the cover of the Carnet.

Model of the TIR Carnet: VERSION 1

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Model of the TIR Carnet: VERSION 1

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Model of the TIR Carnet: VERSION 1

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Model of the TIR Carnet: VERSION 1

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Model of the TIR Carnet: VERSION 1

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Model of the TIR Carnet: VERSION 1

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Model of the TIR Carnet: VERSION 2

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Model of the TIR Carnet: VERSION 2

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Model of the TIR Carnet: VERSION 2

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Model of the TIR Carnet: VERSION 2

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Model of the TIR Carnet: VERSION 2

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Model of the TIR Carnet: VERSION 2

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Model of the TIR Carnet: VERSION 2

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Annex 2

REGULATIONS ON TECHNICAL CONDITIONS APPLICABLE TO ROAD VEHICLES WHICH MAY BE ACCEPTED FOR INTERNATIONAL TRANSPORT UNDER CUSTOMS SEAL

Article 1

Basic principles

Approval for the international transport of goods under Customs seal may be granted only to vehicles, the load compartments of which are constructed and equipped in such a manner that:

a) no goods can be removed from or introduced into, the sealed part of the vehicle without leaving obvious traces of tampering or without breaking the Customs seal;

b) Customs seals can be simply and effectively affixed to them;

c) they contain no concealed spaces where goods may be hidden;

d) all spaces capable of holding goods are readily accessible for Customs inspection.

Article 2

Structure of load compartments

1. To meet the requirements of Article 1 of these Regulations:

a) the constituent parts of the load compartment (sides, floor, doors, roof, uprights, frames, cross-pieces, etc.) shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces or by such methods as will produce a structure which cannot be modified without leaving obvious traces. When the sides, floor, doors and roof are made up of various components, these shall meet the same requirements and be of sufficient strength;

b) doors and all other closing systems (including stopcocks, manhole-covers, flanges etc.) shall be fitted with a device on which Customs seals can be fixed. This device must be such that it cannot be removed and replaced from the outside without leaving obvious traces, or the door or fastening be opened without breaking the Customs seals. The latter shall be adequately protected. Opening roofs shall be permitted;

c) apertures for ventilation and drainage shall be provided with a device preventing access to the interior of the load compartment. This device must be such that it cannot be removed and replaced from the outside without leaving obvious traces.

2. Notwithstanding the provisions of Article 1 (c) of these Regulations, constituent parts of the load compartment which, for practical reasons, have to include empty spaces (for example, between the partitions of a double wall) shall be permitted. In order that the said spaces cannot be used to conceal goods:

i) where it covers the full height from floor to roof, or, in other cases, where the space between it and the outer wall is completely enclosed, the lining inside the load compartment shall be so fitted that it cannot be removed and replaced without leaving obvious traces; and

ii) where a lining is of less than full height and the spaces between the lining and the outer wall are not completely enclosed, and in all other cases where spaces occur in the construction of a load compartment, the number of such spaces shall be kept to a minimum and these spaces shall be readily accessible for Customs inspection.

3. Windows shall be allowed provided that they are made of materials of sufficient strength and that they cannot be removed and replaced from the outside without leaving obvious traces. Glass may nevertheless be permitted, but if glass other than safety glass is used, the windows shall be fitted with a fixed metal grille which cannot be removed from the outside; the mesh of the grille shall not exceed 10 mm.

4. Openings made in the floor for technical purposes, such as lubrication, maintenance and filling of the sand-box, shall be allowed only on condition that they are fitted with a cover capable of being fixed in such a way as to render the load compartment inaccessible from the outside.

Article 3

Sheeted vehicles

1. Where applicable, the provisions of Articles 1 and 2 of these Regulations shall apply to sheeted vehicles. In addition, these vehicles shall conform to the provisions of this Article.

2. The sheet shall be either of strong canvas or of plastic-covered or rubberized cloth, which shall be of sufficient strength and unstretchable. It shall be in good condition and made up in such a way that once the closing device has been secured, it is impossible to gain access to the load compartment without leaving obvious traces.

3. If the sheet is made up of several pieces, their edges shall be folded into one another and sewn together with two seams at least 15 mm apart. These seams shall be made as shown in sketch No. 1 appended to these Regulations; however, where in the case of certain parts of the sheet (such as flaps and reinforced corners) it is not possible to assemble the pieces in that way, it shall be sufficient to fold the edge of the top section and make the seams as shown in sketches Nos. 2 or 2(a) appended to these Regulations. One of the seams shall be visible only from the inside and the colour of the thread used for that seam shall be clearly different from the colour of the sheet itself and from the colour of the thread used for the other seam. All seams shall be machine-sewn.

4. If the sheet is of plastic-covered cloth, and is made up of several pieces, the pieces may alternatively be welded together in the manner shown in sketch No. 3 appended to these Regulations. The edges of the pieces shall overlap by at least 15 mm. The pieces shall be fused together over the whole width of the overlap. The edge of the outer sheet shall be covered with a band of plastic material at least 7 mm wide, affixed by the same welding process. The plastic band and the sheet on each side of it for a width of at least 3 mm shall have a clearly-defined uniform relief pattern stamped on them. The pieces shall be welded in such a way that they cannot be separated and rejoined without leaving obvious traces.

5. Repairs shall be made in accordance with the method described in sketch No. 4 appended to these Regulations; the edges shall be folded into one another and sewn together with two visible seams at least 15 mm apart; the colour of the thread visible from the inside shall be different from that of the thread visible from the outside and from that of the sheet itself; all seams shall be machine-sewn. When a sheet which has been damaged near the edges is repaired by replacing the damaged part by a patch, the seam can also be made in accordance with the provisions of paragraph 3 of this Article and sketch No. 1 appended to these Regulations. Sheets of plastic-covered cloth may alternatively be repaired in accordance with the method described in paragraph 4 of this Article, but in that case the plastic band must be affixed to both sides of the sheet, the patch being fitted on the inside of the sheet.

6. The sheet shall be fixed to the vehicle in strict compliance with the conditions set forth in Article 1(a) and (b) of these Regulations. The following systems can be used:

a) The sheet can be secured by:

i) metal rings fixed to the vehicles,

ii) eyelets let into the edge of the sheet, and

iii) a fastening passing through the rings above the sheet and visible from the outside for its entire length.

The sheet shall overlap solid parts of the vehicle by at least 250 mm, measured from the centre of the securing rings, unless the system of construction of the vehicle in itself prevents all access to the load compartment.

b) When any edge of a sheet is to be permanently secured to a vehicle, the two surfaces shall be joined together without a break and shall be held in place by strong devices.

c) When a sheet locking system is used it shall in locked position join the sheet tightly to the outside of the load compartment (as an example see sketch No.6).

7. The sheet shall be supported by an adequate superstructure (uprights, sides, arches, slats, etc.).

8. The spaces between the rings and the spaces between the eyelets shall not exceed 200 mm. The spaces may however be greater but shall not exceed 300 mm between rings and eyelets on either side of the upright if the construction of the vehicle and the sheet is such as to prevent all access to the load compartment. The eyelets shall be reinforced.

9. The following fastenings shall be used:

a) steel wire ropes of at least 3 mm diameter; or

b) ropes of hemp or sisal of at least 8 mm diameter encased in a transparent sheath of unstretchable plastic; or

c) ropes consisting of batches of fibre-optic lines inside a spirally wound steel housing encased in a transparent sheath of unstretchchable plastic; or

d) ropes comprising a textile cord surrounded by at least four strands consisting solely of steel wire and completely covering the core, under the condition that the roper (without taking into account the transparent sheath, if any) are not less than 3 mm in diameter.

Ropes in accordance with paragraph 9 (a) or (d) of this Article may have a transparent sheath of unstretchable plastic.

In cases where the sheet has to be fixed to the frame in a system of construction which otherwise complies with the provisions of paragraph 6 (a) of this Article, a thong can be used as fastening (an example of such a system of construction is given in sketch No.7 appended to this Annex). The thong has to comply with the requirements stipulated in paragraph 11 (a)(iii) with regard to material, dimensions and shape.

10. Each rope shall be in one piece and have a hard metal end-piece at each end. Each metal end-piece shall allow the introduction of the thread or strap of the Customs seal. The fastener of each metal end-piece of ropes in accordance with the provisions of paragraph 9 (a), (b) and (d) of this Article shall include a hollow rivet passing through the rope so as to allow the introduction of the thread or strap of the Customs seal. The rope shall remain visible on either side of the hollow rivet so that it is possible to ensure that the rope is in one piece (see sketch No. 5 appended to these Regulations).

11. At the openings in the sheet, used for loading and unloading, the two surfaces shall be joined together. The following systems can be used:

a) The two edges of the sheet shall have an adequate overlap. They shall also be fastened by:

i) a flap sewn or welded in accordance with paragraphs 3 and 4 of this Article,

ii) rings and eyelets meeting the conditions of paragraph 8 of this Article, the rings shall be manufactured of metal, and

iii) a thong made of appropriate material, in one piece and unstretchable, at least 20 mm wide and 3 mm thick, passing through the rings and holding together the two edges of the sheet and the flap; the thong shall be secured inside the sheet and fitted either with:

- an eyelet to take the rope mentioned in paragraph 9 of this Article, or,

- an eyelet which can be attached to a metal ring mentioned in paragraph 6 of this Article and be secured by the rope mentioned in paragraph 9 of this Article.

A flap shall not be required if a special device, such as a baffle plate, is fitted, which prevents access to the load compartment without leaving obvious traces. Neither shall a flap be required for vehicles with sliding sheets.

b) A special locking system holding the edges of the sheets tightly locked when the load compartment is closed and sealed. The system shall be provided with an opening through which a metal ring mentioned in paragraph 6 of this Article can pass and be secured by the rope mentioned in paragraph 9 of this Article. Such a system is described in sketch No. 8 appended to this Annex.

Article 4

Vehicles with sliding sheets

1. Where applicable, the provisions of Articles 1, 2 and 3 of these Regulations shall apply to vehicles with sliding sheets. In addition, these vehicles shall conform to the provisions of this Article.

2. The sliding sheets, floor, doors and all other constituent parts of the load compartment shall fulfil either the requirements in Article 3, paragraphs 6, 8, 9 and 11 of these Regulations or the requirements set out in (i) to (vi) below.

i) The sliding sheets, floor, doors and all other constituent parts of the load compartment shall be assembled in such a way that they cannot be opened or closed without leaving obvious traces.

ii) The sheet shall overlap the solid parts at the top of the vehicle by at least 1/4 of the actual distance between the tensioning straps. The sheet shall overlap the solid parts at the bottom of the vehicle by at least 50 mm. The horizontal opening between the sheet and the solid parts of the load compartment may not exceed 10 mm measured perpendicular to the longitudinal axis of the vehicle at any place when the load compartment is secured and sealed for Customs purposes.

iii) The sliding sheet guidance and other movable parts shall be assembled in such a way that closed and Customs sealed doors and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding sheet guidance and other movable parts shall be assembled in such a way that it is impossible to gain access to the load compartment without leaving obvious traces. The system is described in sketch No. 9 appended to these Regulations.

iv) The horizontal distance between the rings, used for Customs purposes, on the solid parts of the vehicle shall not exceed 200 mm. The space may, however, be greater but shall not exceed 300 mm between the rings on either side of the upright if the construction of the vehicle and the sheets is such as preventing all access to the load compartment. In any case, the conditions laid down in (ii) above shall be complied with.

v) The distance between the tensioning straps shall not exceed 600 mm.

vi) The fastenings used to secure the sheets to the solid parts of the vehicle shall fulfil the requirements in Article 3, paragraph 9 of these Regulations.

Sketch No. 1

SHEET MADE OF SEVERAL PIECES SEWN TOGETHER

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Sketch No. 2

SHEET MADE OF SEVERAL PIECES SEWN TOGETHER

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*This sketch shows the top folded section of the sheet according to Annex 2, Article 3, paragraph 3

Sketch No. 2 (a)

SHEET MADE OF SEVERAL PIECES SEWN TOGETHER

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*This sketch shows the top folded section of the sheet according to Annex 2, Article 3, paragraph3

Sketch No. 3

SHEET MADE OF SEVERAL PIECES WELDED TOGETHER

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Sketch No. 4

REPAIR OF THE SHEET

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*Threads visible from the inside shall have a colour different from that of the threads visible from the outside and from that of the sheet.

Sketch No. 5

EXAMPLE OF END-PIECE

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Sketch No. 6

EXAMPLE OF SHEET LOCKING SYSTEM

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Sketch No. 7

EXAMPLE OF SHEETS FIXED TO SPECIAL-SHAPED FRAME

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Sketch No. 8

SHEET LOCKING SYSTEM AT OPENINGS FOR LOADING AND UNLOADING

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Description

In this locking system the two edges at the openings in the sheet used for loading and unloading are united by means of an aluminium locking rod. The sheet openings are provided with a hem over its entire length enclosing a rope (see sketch No. 8.1). This makes it impossible to pull the sheet out of the locking rod's profile. The hem shall be on the outside and be welded in accordance with Annex 2, Article 3, paragraph 4 of the Convention.

The edges are to be passed into the open profiles on the aluminium locking rod and slid into two parallel longitudinal channels which should be closed at their lower end. When the locking rod is in its upper position the edges of the sheet are united.

At the upper end of the opening the locking rod is stopped by a transparent plastic cap fixed by riveting to the sheet (see sketch No. 8.2). The locking rod consists of two sections, joined by a riveted hinge, to allow folding for easy fitting and removal. This hinge must be designed in such a way so as not to allow the removal of the swivel pin once the system is locked (see sketch No. 8.3).

At the lower part of the locking rod is an opening through which the ring passes. The opening is oval and of a size just sufficient to allow the ring to pass through it (see sketch No. 8.4). The TIR fastening rope will be pulled through this ring to secure the locking rod.

Sketch No. 9

EXAMPLE OF A CONSTRUCTION OF A VEHICLE WITH SLIDING SHEETS

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Annex 3

PROCEDURE FOR THE APPROVAL OF ROAD VEHICLES COMPLYING WITH THE TECHNICAL CONDITIONS SET FORTH IN THE REGULATIONS CONTAINED IN ANNEX 2

GENERAL

1. Road vehicles may be approved by one of the following procedures:

a) individually; or,

b) by design type (series of road vehicles).

2. An Approval Certificate conforming to the standard form of Annex 4 shall be issued for approved vehicles. This Certificate shall be printed in the language of the country of issue and in French or English. When the authority which has granted the approval deems it necessary, photographs or diagrams authenticated by that authority shall be attached to the Certificate. The number of those documents shall then be inserted by that authority under item No. 6 of the Approval Certificate.

3. The Approval Certificate shall be kept on the road vehicle.

4. Road vehicles shall be produced every two years, for the purposes of inspection and of renewal of approval where appropriate, to the competent authorities of the country in which the vehicle is registered or, in the case of unregistered vehicles, of the country in which the owner or user is resident.

5. If a road vehicle no longer complies with the technical conditions prescribed for its approval, it shall, before it can be used for the transport of goods under cover of TIR Carnets, be restored to the condition which had justified its approval so as to comply again with the said technical conditions.

6. If the essential characteristics of a road vehicle are changed, the vehicle shall cease to be covered by the approval and shall be re-approved by the competent authority before it can be used for the transport of goods under cover of TIR Carnets.

7. The competent authorities of the country of registration of the vehicle, or, in the case of vehicles for which registration is not required, the competent authorities of the country where the owner or user of the vehicle is established may, as the case may be, withdraw or renew the Approval Certificate or issue a new Approval Certificate in the circumstances set out in Article 14 of this Convention and in paragraphs 4, 5 and 6 of this Annex.

PROCEDURE FOR INDIVIDUAL APPROVAL

8. The owner, the operator or the representative of either shall apply to the competent authority for individual approval. The competent authority shall inspect the road vehicle produced in accordance with the general rules laid down in paragraph s 1 to 7 above and shall satisfy itself that the vehicle complies with the technical conditions prescribed in Annex 2, and after approval shall issue a certificate conforming to the model in Annex 4.

PROCEDURE FOR APPROVAL BY DESIGN TYPE (SERIES OF ROAD VEHICLES)

9. Where road vehicles are manufactured by type series, the manufacturer may apply to the competent authority of the country of manufacture for approval by design-type.

10. The manufacturer shall state in his application the identification numbers or letters which he assigns to the type of road vehicle to which his application for approval relates.

11. The application shall be accompanied by drawings and a detailed design specification of the type of road vehicle to be approved.

12. The manufacturer shall give an undertaking in writing that he will:

a) produce to the competent authority such vehicles of the type concerned as that authority may wish to examine;

b) permit the competent authority to examine further units at any time during the production of the type series concerned;

c) advise the competent authority of any change, however small, in the design or specification before proceeding with such change;

d) mark the road vehicles in a visible place with the identification numbers of letters of the design-type and the serial number of the vehicle in the type series (manufacturer's number);

e) keep a record of vehicles manufactured to the approved design-type.

13. The competent authority shall state what changes, if any, must be made to the proposed design-type in order that approval may be granted.

14. No approval by design-type shall be granted unless the competent authority has satisfied itself by examination of one or more vehicles manufactured to the design-type concerned that vehicles of that type comply with the technical condition prescribed in Annex 2.

15. The competent authority shall notify the manufacturer in writing of its decision to grant approval by design-type. This decision shall be dated and numbered. The authority which took the decision shall be clearly designated.

16. The competent authority shall take the necessary steps to issue an Approval Certificate, which it has duly signed, in respect of every vehicle built in conformity with an approved design-type.

17. The holder of the Approval Certificate shall, before using the vehicle for the carriage of goods under the cover of a TIR Carnet, fill in, as may be required, on the Approval Certificate:

- the registration number given to the vehicle (item No.1); or

- in the case of a vehicle not subject to registration, particulars of his name and business address (item No. 8).

18. When a vehicle which has been approved by design-type is exported to another country which is a Contracting Party to this Convention, no further approval procedure shall be required in that country on account of its importation.

PROCEDURE FOR ENDORSEMENT OF THE CERTIFICATE OF APPROVAL

19. When an approved vehicle, carrying goods under cover of a TIR Carnet, is found to have major defects, the competent authorities of Contracting Parties may either refuse to allow the vehicle to continue its journey under a TIR Carnet, or allow the vehicle to continue its journey under a TIR Carnet on its territory while taking the necessary security precautions. The approved vehicle must be restored to a satisfactory state as rapidly as possible, and in any case before it is again used for the transport of goods under cover of a TIR Carnet.

20. In each of these cases the Customs authorities shall make an appropriate endorsement in item No. 10 of the Certificate of Approval of the vehicle. When the vehicle has been restored to a condition which justifies approval, it shall be presented to the competent authorities of a Contracting Party who shall revalidate the Certificate by adding an endorsement to item No. 11 cancelling the earlier observations. No vehicle, the Certificate of which has been endorsed at item No. 10 under the provisions of the preceding paragraph , may again be used for the transport of goods under a TIR Carnet until it has been restored to a satisfactory condition and until the endorsement in item No. 10 has been cancelled as stated above.

21. Each endorsement made on the Certificate shall be dated and authenticated by the competent authorities.

22. When a vehicle is found to have defects which the Customs authorities consider to be of minor importance and not involving the risk of smuggling, the continued use of the vehicle for the transport of goods under cover of a TIR Carnet can be authorized. The holder of the Approval Certificate shall be notified of the defects and shall restore his vehicle to a satisfactory state within a reasonable time.

Annex 4

MODEL CERTIFICATE OF APPROVAL OF A ROAD VEHICLE

Model certificate of approval of a road vehicle

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Model Certificate of Approval of a Road Vehicle (cont'd)

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Model Certificate of Approval of a Road Vehicle (cont'd)

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Annex 5

TIR PLATES

1. The dimensions of the plates shall be 250 mm by 400 mm.

2. The letters TIR in capital Latin characters shall be 200 mm high and their strokes at least 20 mm wide. The letters shall be white on a blue ground.

Annex 6

EXPLANATORY NOTES

Introduction to Explanatory Notes

i) In accordance with the provisions of Article 43 of this Convention, the Explanatory Notes interpret certain provisions of this Convention and of its Annexes. They also describe certain recommended practices,

ii) The Explanatory Notes do not modify the provisions of this Convention or of its Annexes but merely make their contents, meaning and scope more precise,

iii) In particular, having regard to the provisions of Article 12 of this Convention and of Annex 2 relating to the technical conditions for the approval of road vehicles for transport under Customs seal, the Explanatory Notes specify, where appropriate, the construction techniques to be accepted by the Contracting Parties as complying with those provisions. The Explanatory Notes also specify, where appropriate, which construction techniques do not comply with those provisions,

iv) The Explanatory Notes provide a means of applying the provisions of this Convention and of its Annexes so as to take into account the development of technology and economic requirements.

0 MAIN TEXT OF THE CONVENTION

0.1 Article 1

0.1 b) Article 1 (b) implies that, where several Customs office of departure or destination are located in one or several countries, there may be more than one TIR operation in a Contracting Party. Under these circumstances the national leg of a TIR transport carried out between two successive Customs offices, regardless of whether they are offices of departure, destination or en route, can be considered as a TIR operation.

0.1 f) The fees and charges excepted in Article 1, subparagraph (f) mean all sums, other than import or export duties and taxes, levied by Contracting Parties on or in connection with importation or exportation. These sums shall be limited in amount to the approximate cost of the services rendered and shall not represent an indirect protection to domestic products or a tax on imports or exports for fiscal purposes. Such fees and charges include inter alia payments relating to:

- certificates of origin if they are required for transit,

- analyses carried out by Customs laboratories for control purposes,

- Customs inspections and other clearance operations carried out outside normal working hours or away from Customs offices,

- inspections for sanitary, veterinary or phytopathological reasons.

0.1 j) The term "demountable body" means a load compartment which has no means of locomotion and which is designed in particular to be transported upon a road vehicle, the chassis of which, together with the under-framing of the body, is especially adapted for this purpose. It covers also a swap-body which is a load compartment designed especially for combined road and rail transport.

0.1 j) i) The term "partially enclosed", as applied to equipment in Article 1, subparagraph (j) (i), relates to equipment generally consisting of a floor and a superstructure marking off a loading space equivalent to that of a closed container. The superstructure is generally made up of metal members forming the frame of a container. Containers of this type may also comprise one or more lateral or frontal walls. In some cases there is only a roof attached to the floor by uprights. This type of container is used in particular for the transport of bulky goods (motor cars, for example).

0.2 Article 2

0.2-l Article 2 provides that a transport operation under cover of a TIR Carnet may begin and end in the same country on condition that part of the journey is performed in foreign territory. In such cases there is nothing to prevent the Customs authorities of the country of departure from requiring, in addition to the TIR Carnet, a national document, intended to ensure duty-free reimportation of the goods. It is nevertheless recommended that Customs authorities should not insist on the use of such a document but accept instead an appropriate endorsement on the TIR Carnet.

0.2-2 The provisions of this Article allow goods to be carried under cover of a TIR Carnet when only part of the journey is made by road. They do not specify what part of the journey has to be made by road and it is sufficient that this should occur at some point between the beginning and the end of the TIR transport. However, it may happen that, for unforeseen reasons of a commercial or accidental nature, no part of the journey can be made by road, despite the intentions of the sender at the start of the journey. In these exceptional cases the Contracting Parties shall nevertheless accept the TIR Carnet and the liability of the guaranteeing associations shall remain in force.

0.5 Article 5

This Article does not exclude the right to carry out spot checks on the goods but stresses that these checks should be very limited in number. The international TIR Carnet procedure, in fact, provides protection greater than that given by national procedures. Firstly the particulars on the TIR Carnet relating to the goods must agree with the particulars given on the Customs documents which may be required in the country of departure. In addition the countries of transit and destination are given protection by the controls which are carried out at departure and which are certified by the Customs authorities at the office of departure (see Explanatory Note to Article 19).

0.6 Article 6

0.6.2 Paragraph 2

Under the provisions of this paragraph, the Customs authorities of a country may approve more than one association, each of which may incur liability arising from the operations undertaken under cover of the Carnets issued by it or by its corresponding associations.

0.6.2 bis-1

The relationship between an international organization and its member associations shall be defined in written agreements on the functioning of the international guarantee system.

0.6.2 bis-2

The authorization granted in accordance with Article 6.2 bis shall be reflected in a written Agreement between the UNECE and the International Organization. The Agreement shall stipulate that the International Organization shall fulfil the relevant provisions of the Convention, shall respect the competences of the Contracting Parties to the Convention and shall comply with the decisions of the Administrative Committee and the requests of the TIR Executive Board. By signing the Agreement, the International Organization confirms that it accepts the responsibilities imposed by the authorization. The Agreement shall also apply to the responsibilities of the International Organization set out in Annex 8, Article 10 (b), in case the centralized printing and distribution of TIR Carnets is performed by the above-mentioned international organization. The Agreement shall be adopted by the Administrative Committee.

0.8 Article 8

0.8.2 Paragraph 2

The provisions of this paragraph shall be applicable where, in case of irregularities of the type covered in Article

8, paragraph 1, the laws and regulations of a Contracting Party provide for the payment of sums other than import or export duties and taxes, such as administrative fines or other pecuniary sanctions. However, the sum to be paid shall not exceed the amount of import or export duties and taxes which would have been due if the goods had been imported or exported in accordance with the relevant Customs provisions, this amount being increased by any default interests.

0.8.3 Paragraph 3

Customs authorities are recommended to limit to a sum equal to $US 50,000 per TIR Carnet the maximum amount which may be claimed from the guaranteeing association. In the case of transport of alcohol and tobacco, details of which are given below, and which exceed the threshold levels provided further below, Customs authorities are recommended to increase the maximum amount which may be claimed from the guaranteeing associations to a sum equal to $US 200,000:

1) Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher (HS code: 22.07.10)

2) Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages; compound alcoholic preparations of a kind used for the manufacture of beverages (HS code 22.08)

3) Cigars, cheroots and cigarillos, containing tobacco (HS code 24.02.10)

4) Cigarettes containing tobacco (HS code: 24.02.20)

5) Smoking tobacco, whether or not containing tobacco substitutes in any proportion (HS code: 24.03.10).

The maximum amount which may be claimed from guaranteeing associations is recommended to be limited to a sum equal to $US 50,000, if the following quantities are not exceeded for the above tobacco and alcohol categories:

1) 300 litres

2) 500 litres

3) 40 000 pieces

4) 70 000 pieces

5) 100 kilograms.

The exact quantities (litres, pieces, kilograms) of the above categories of tobacco and alcohol must be inscribed into the goods manifest of the TIR Carnet.

0.8.5 Paragraph 5

If the guarantee is questioned for goods not listed in the TIR Carnet, the administration concerned should indicate the facts on which it based its opinion that the goods were contained in the sealed section of the road vehicle or the sealed container.

0.8.6 Paragraph 6

1. In the absence in the TIR Carnet of particulars detailed enough to enable charges on the goods to be determined, the Parties concerned may produce evidence of their precise nature.

2. If no evidence is furnished, duties and taxes will be charged, not at a flat rate unrelated to the nature of the goods, but at the highest rate applicable to the kind of goods covered by the particulars in the TIR Carnet.

0.8.7 Paragraph 7

Measures to be taken by the competent authorities in order to require payment from the person or persons directly liable shall include at least notification of the non-discharge of the TIR operation and/or transmission of the claim for payment to the TIR Carnet holder.

0.10 Article 10

The certificate of termination of the TIR operation shall be regarded as having been obtained in an improper or fraudulent manner when the TIR operation has been carried out by means of load compartments or containers adapted for fraudulent purposes, or when such malpractice as the use of false or inaccurate documents, the substitution of goods, tampering with Customs seals, etc., have been discovered, or when the certificate has been obtained by other illicit means.

0.11 Article 11

0.11-1 Paragraph 1

In addition to the notification to the guaranteeing association, Customs authorities should also notify the TIR Carnet holder as soon as possible when a TIR operation has not been discharged. This could be done at the same time as the notification to the guaranteeing association.

0.11-2 Paragraph 2

In deciding whether or not to release the goods or vehicle, Customs authorities should not, when they have other means in law of protecting the interests for which they are responsible, be influenced by the fact that the guaranteeing association is liable for the payment of duties, taxes and default interest payable by the holder of the Carnet.

0.11-3 Paragraph 3

If a guaranteeing association is asked, in accordance with the procedure set out in Article 11, to pay the sums referred to in Article 8, paragraphs 1 and 2, and fails to do so within the time-limit of three months prescribed by the Convention, the competent authorities may rely on national regulations in requiring payment of the sums in question because what is involved in such cases is a failure to carry out a contract of guarantee entered into by the guaranteeing association under national law.

0.15 Article 15

Certain difficulties may arise in the case of vehicles not subject to registration, such as in some countries trailers or semi-trailers, when Customs documents are not required for temporary admission. In that case, the provisions of Article 15 may be observed, while assuring adequate protection for the Customs authorities, by recording particulars of these vehicles (make and numbers) on vouchers No. 1 and No. 2 of the TIR Carnet used by the countries concerned and on the corresponding counterfoils.

0.17 Article 17

0.17-1 Paragraph 1

The provision that the manifest of the goods covered by the TIR Carnet shall show separately the contents of each vehicle or a combination of vehicles, or of each container, is only intended to simplify Customs inspection of the contents of each vehicle or container. This provision shall not therefore be interpreted so rigidly that each variation between the actual contents of a vehicle or container and the contents of that vehicle or container as shown on the manifest is considered a breach of the provisions of the Convention.

If the carrier can satisfy the relevant authorities that, notwithstanding such a variation, all the goods shown on the manifest agree with the total of goods loaded in the combination of vehicles or in all the containers covered by the TIR Carnet, this shall not normally be considered a breach of Customs requirements.

0.17-2 Paragraph 2

In the case of household removals, the procedure laid down in paragraph 10 (c) of the Rules for the use of the TIR Carnet can be applied, the list of articles concerned being reasonably condensed.

0.18 Article 18

0.18-1 It is essential for the smooth operation of the TIR procedure that the Customs authorities of one country should refuse to designate a Customs office of exit as a Customs office of destination for a transport operation which is going on to a neighbouring country when that country is also a Contracting Party to this Convention, unless there are some special circumstances to justify the request.

0.18-2 1. Goods should be so loaded that the consignment to be unloaded at the first unloading point can be taken out of the vehicle or the container without it being necessary to unload the other consignment or consignments of goods due to be unloaded at the other unloading points.

2. Where a transport operation involves unloading at more than one office it is necessary that, after a partial unloading, a record of it should be made in box 12 on all the remaining manifests of the TIR Carnet, and at the same time another record should be made on the remaining vouchers and the corresponding counterfoils to the effect that new seals have been affixed.

0.19 Article 19

The requirement that the Customs office of departure should check the accuracy of the goods manifest implies the need to verify at least that the particulars in the goods manifest tally with those in the export documents and in the transport or other commercial documents relating to the goods; the Customs office of departure may also have to examine the goods. The Customs office of departure must also, before affixing seals, check the condition of the road vehicle or container and, in the case of sheeted vehicles or containers, the condition of the sheets and sheet fastenings, as this equipment is not included in the Certificate of Approval.

0.20 Article 20

When fixing time-limits for the transport of goods within their territory, Customs authorities must likewise take into account inter alia any special regulations to which carriers are subject, particularly regulations concerning working hours and mandatory rest periods for drivers of road vehicles. It is recommended that these auth