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COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 07.07.1995 
COM(95) 304 final 
95/0181 (CNS) 
Proposal for a 
COUNCIL DECISION 
accepting resolution No 49 on short-term measures to ensure 
the safety and effective operation of the TIR transport arrangements 
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(presented by the Commission) 
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EXPLANATORY MEMORANDUM 
The Customs Convention on the International Transport of Goods under Cover of TIR 
Carnets (the TIR Convention), signed in Geneva on 14 December 1975, was approved for 
the Community by Council Regulation (EEC) No 2112/781 of 25 July 1978 and came into 
force on 20 June 1983. 
On 3 March , the working party of the Economic Commission for Europe on customs 
questions affecting transport adopted resolution No 49 on short-term measures to ensure 
the safety and effective operation of TIR transit. 
Without prejudice to a revision of the 1975 TIR Convention in the medium term, the 
resolution sets out to tackle the increasing prevalence of fraud in the transport of goods 
under the TIR carnet by introducing immediate measures to speed up administrative 
cooperation between the parties to the Convention and to make appropriate use of the 
inspection mechanisms laid down in it. 
The Commission and Member States have worked closely together and played a very 
active part in drafting the text of this resolution and in securing its adoption by the 
working party. This demonstrates the value for the Community of accepting and 
implementing this resolution. 
The decision on adoption of the resolution should be taken as soon as possible to 
strengthen the political impact of its being adopted on behalf of the Community as a party 
signatory to the 1975 Convention. 
Conclusion 
The Commission proposes that the Council accept on behalf of the Community resolution 
No 49 of 3 March 1995 by the working party of the Economic Commission for Europe on 
customs questions affecting transport. 
OJL252, 14.9.1978 
Proposal for a 
COUNCIL DECISION 
accepting resolution No 49 on short-term measures to ensure 
the safety and effective operation of the TIR transport arrangements 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas resolution No 49 contains measures both to ensure the correct implementation of 
the 1975 Tir Convention and to prevent and detect fraud in goods transported under TIR 
arrangements; 
Whereas, by virtue of its content and pending revision of the TIR Convention, the said 
resolution is of the greatest interest to the Community; whereas, it should therefore be 
adopted with immediate effect, 
HAS DECIDED AS FOLLOWS: 
Article 1 
Resolution No 49 on short-term measures to ensure the safety and effective operation of 
the TIR transit arrangements, adopted on 3 March 1995 by the working party of the UN 
Economic Commission for Europe on customs questions affecting transport is hereby 
adopted on behalf of the Community with immediate effect. 
The text of the resolution is attached to this decision. 
Article 2 
The President of the Council shall designate the person empowered to notify the executive 
secretary of the Economic Commission for Europe of the Community's acceptance, with 
immediate effect, of the above resolution. 
Done at For the Council 
The President 
SHORT TERM MEASURES 
TO ENSURE THE SECURITY AND THE EFFICIENT FUNCTIONING 
OF THE TIR TRANSIT REGIME 
Resolution No. 49 
adopted on 3 March 1995 by the 
UN/ECE Working Party on Customs Questions affecting Transport 
The Working Party on Customs Questions affecting Transport, 
Emphasizing the importance of the smooth and efficient functioning of 
the Customs Convention on the International Transport of Goods under Cover 
of TIR Carnets (TIR Convention, 1975) to facilitate international transport 
and trade, 
Concerned about the amount of Customs fraud and smuggling in the 
framework of the TIR transit system which may endanger the facilitation 
measures provided for in the TIR Convention, 1975, 
Determined to safeguard the TIR transit system which facilitates the 
development of trade, in particular the international movement of goods, 
Convinced that the TIR transit system can only be safeguarded through 
joint and concerted action by all parties of the TIR transit system (Customs 
authorities, national guaranteeing and Carnet issuing associations and the 
IRU, and insurance companies), whereby an open exchange of information on 
all aspect of the system is considered to be essential, 
Whilst awaiting the revision of the TIR Convention, 1975, decides 
unanimously on the following short-term measures to be implemented as soon 
as possible by the competent authorities of Contracting Parties to the TIR 
Convention, 1975: 
1. In order to facilitate the detection of fraudulently discharged 
TIR Carnets and to accelerate the discharge procedure, Contracting 
Parties may wish to create, as far as possible and in line with 
national requirements, centralized offices or procedures for the 
administration of TIR Carnets; 
2. Contracting Parties should institute accelerated discharge and 
search procedures for the transport of sensitive goods; 
3. Contracting Parties and the IRU shall take all necessary steps 
to ensure the early re-introduction of the "Tobacco/Alcohol" TIR 
Carnets together with guarantees in a fixed sum which reflects the 
potential charges at risk; 
4. Contracting Parties ensure, through appropriate national 
regulations, that Customs offices of destination or exit return TIR 
Carnet vouchers No.2 to centralized offices or Customs offices of 
departure or entry as soon as possible and no later than five working 
days following the completion of the TIR operation; 
5. In order to facilitate Customs control for tobacco and alcohol 
consignments, Contracting Parties may wish to limit, in line with 
national administrative practices, the number of Customs offices 
authorized to accept "Tobacco/Alcohol" TIR Carnets; 
6. Contracting Parties ensure that for the transport of tobacco and 
alcohol as well as for other sensitive goods as determined by the 
competent authorities, advance information on the transport of such 
goods under Customs seal is forwarded immediately by the Customs 
office of departure or entry to the Customs office of destination or 
exit ; 
7. In accordance with article 20 of the TIR Convention, 1975, 
Contracting Parties prescribe time-limits and, to the extent possible, 
routes to be followed for road vehicles and containers in case of 
transport under Customs seal of tobacco and alcohol as well as of 
other sensitive goods as determined by the competent authorities. 
Contracting Parties are urged to apply sanctions, in line with 
national law, in case of non-respect of such prescriptions; 
8. Contracting Parties ensure that the provisions of article 38 of 
the TIR Convention, 1975 should be applied, which provide the 
possibility to exclude temporarily or permanently from the operation 
of the TIR Convention, 1975 any person guilty of a serious offence 
against national Customs laws or the regulations applicable to the 
international transport of goods; 
9. Contracting Parties take all necessary measures to avoid the 
theft and misuse of Customs stamps and may provide for the use of new 
technologies, such as special security ink, to impede the 
falsification of Customs stamps,-
10. Contracting Parties request that IRU and national guaranteeing 
associations apply strictly agreed criteria and administrative 
controls when issuing TIR Carnets, with a view to ensuring, as far as 
possible, the reliability and integrity of transport operators; 
11. Contracting Parties of the TIR transit regime intensify the 
exchange of information and intelligence concerning the TIR transit 
system amongst themselves, in accordance with national legislation. 
For that purpose they establish focal points for the combat of fraud 
within the competent authorities. Addresses, including telephone and 
telefax numbers of such focal points will be transmitted, as soon as 
possible, to the UN/ECE secretariat for the setting up of an 
international directory. 
Invites Contracting Parties to study carefully the IRU proposals on 
laie introduction of electronic data interchange systems for the 
.administration of TIR Carnets which will be transmitted to them by the 
•B/ECE secretariat with a view to their possible introduction; 
Requests the Contracting Parties to the TIR Convention, 1975 to notify 
Executive Secretary of the United Nations Economic Commission for Europe 
/ECE) by 1 June 1995, whether they accept the present resolution; 
Requests the Executive Secretary of the United Nations Economic 
Commission for Europe (UN/ECE) to inform all Contracting Parties to the TIR 
Convention, 1975 about the acceptance of this resolution. 
ISSN 0254-1475 
COM(95) 304 final 
DOCUMENTS 
EN 02 07 
Catalogue number : CB-CO-95-355-EN-C 
ISBN 92-77-91301-0 
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