Proposal for a COUNCIL DECISION accepting, on behalf of the Community, Resolution No 47 of the Working Party on customs questions affecting transport of the Economic Commission for Europe (ECE) on the introduction of an additional TIR carnet with higher guarantee
Date: 1993-12-06
Institutions: European Commission
Subjects: Ecosoc, UN resolution, customs formalities, guarantee, international road transport, transport document

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(93) 469 final 

Brussels, 6 December  1993 

Proposal  for a 

COUNCIL DECISION 

accepting, on behalf of  the Community,  Resolution  No 47 of  the Working  Party on 

customs questions affecting  transport  of  the Economic Commission  for Europe 

(ECE) on  the  introduction of an additional  TIR  carnet  with  higher  guarantee 

(presented  by  the Commission) 

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EXPLANATORY  MEMORANDUM 

The  Customs  Convention  on  the  international  transport  of  goods under  cover 

of  TIR  carnets  (TIR  Convention)  signed  in Geneva  on  14  November  1975  was 

approved  on  the  Community's  behalf  by  Council  Regulation  (EEC) No  2112/78 

of  25 July  1975 which  came  into force on 20 June  1983.1 

On 2 July  the Working  Party on customs questions affecting  transport  of  the 

Economic Commission  for  Europe adopted  Resolution No 47 on  the  introduction 

of an additional  TIR  carnet  with  higher  guarantee. 

Its  aim  is  to  combat  the  recent  increase  in  cases  of  fraud  involving 

alcohol  and  tobacco  carried  under  TIR  carnets  by  introducing  a  high 

guarantee  to  be  provided  by  national  transport  associations  for  the 

transport  of  such goods. 

The  Commission  and  Member  States  have  played  a  full  and  close  role  in the 

preparation of  this Resolution  and  its adoption  by  the Working  Party.  This 

is  clear  evidence  of  the  importance  attached  by  the  Community  to  its 

acceptance  and  implementation. 

Decision  accepting  the Resolution  should  be adopted  as soon  as possible  as 

acceptance of  the Resolution  by the Community  as a Contracting  Party  to the 

1975 TIR Convention will  have considerable political  impact. 

Conclusions 

The  Commission  proposes  that  the  Council  accept,  on  behalf  of  the 

Community,  Resolution  No  47  adopted  by  the  ECE  Working  Party  on  customs 

questions affecting  transport  on 2 July. 

OJ No L 252, 14.9.1978. 

Proposal  for a 

COUNCIL DECISION 

3 

accepting, on behalf  of  the Community,  Resolution No 47 of  the Working Party on 

customs questions affecting  transport  of  the Economic Commission  for  Europe 

(ECE) on  the  introduction of an additional  TIR  carnet  with  higher  guarantee 

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 47 provides  for measures  to ensure  the proper  application 

of  the TIR Convention  and  to provide  a higher  guarantee  for  the transport of 

certain  types of goods  involving  a higher  risk of  fraudulant  evasion of  customs 

and other  dut ies; 

Whereas  this Resolution  is of prime  importance  to the Community  and should be 

accepted  by  it with  immediate  effect, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Resolution  No 47 of  the Working  Party on customs questions affecting  transport 

of  the Economic Commission  for Europe of 2 July  1993 on  the  introduction of an 

additional  TIR  carnet  with  higher  guarantee  is hereby  accepted  on behalf of the 

Community  with  immediate  effect. 

The text of  the Resolution  is attached  to this Decision. 

Art icle 2 

V 

The President  of  the Council  is hereby  authorized  to 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 Resolution 

referred  to  in Article 1. 

Done at Brussels, 

For  the Counc 

The President 

s 

INTRODUCTION OF AN ADDITIONAL TIR CARNET WITH HIGHER  GUARANTEE 

Résolut ion No 47 

adopted on 2 July  1993 by the 

UN/ECE Working  Party on customs Questions affecting Transport 

The Working  Party on Customs Questions affecting  Transport. 

Stressing  the  importance  of  the  smooth  functioning  of  the  Customs 

Convention  on  the  International  Transport  of  Goods  under  Cover  of  TIR 

Carnets  (TIR  Convention,  1975) to facilitate  the  international  carriage of 

goods by  road vehicles, 

Concerned  about  the  recent  increases  in cases  of  fraud  which  may  endanger 

the facilitation measures provided  for  in the TIR Convention, 1975, 

Aware  of  the  difficulties  faced  by  the  international  quaranteeing  chain  in 

providing  adequate  guarantees  for  high-risk  goods  from  a Customs  point  of 

v i ew, 

Considering  that  the  introduction  as  soon  as  possible  of  a  high-guarantee 

TIR  Carnet  covering  tobacco  and  alcohol  could  provide  a  step  towards  a 

solution  to these problems, 

Bearing  in mind  the  provisions  of  annex  1  and  annex  6,  explanatory  note 

0.8.3. of  the TIR Convention, 1975, 

Decides unanimously  on  the  following  inter im measures  taking  effect  before 

the  relevant  amendment  to  the  TIR  Convention,  1975  will  come  into  force, 

possibly  during  the course of 1994: 

In the case of  transport  of alcohol  and  tobacco, details of which  are 

given  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) 

For  the  transport  of  alcohol  and  tobacco  given  above,  Customs 

authorities  shall  request  TIR  Carnets  on  which  are  printed  in bold 

characters  the  words  "TOBACCO/ALCOHOL"  and  "TABAC/ALCOOL"  on  the 

cover  and  all  vouchers.  In  addition,  these  Carnets  must  contain  an 

additional  sheet  providing  details  on  the  categories  of  tobacco  and 

alcohol  guaranteed  as  indicated  above, 

Existing  "TABAC" TIR Carnets signed by Mr. A. Wester ink are no  longer 

valid, 

Requests  the 

International  Road  Transport 

Union 

(IRU),  national 

guaranteeing  associations  and  Customs  authorities  to  take  all  necessary 

steps  in order  to provide  for  the  introduction of  the  "TOBACCO/ALCOHOL" TIR 

Carnet, as of  1 September  1993, 

Requests  the Contracting  Parties  to the TIR  Convention,  1975  to notify  the 

Executive  Secretary  of  the  United  Nations  Economic  Commission  for  Europe 

(UN/ECE) by  1 September  1993, whether  they accept  the  "TOBACCO/ALCOHOL" TIR 

Carnet, 

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  the  "TOBACCO/ALCOHOL" TIR  Carnet. 

ISSN 0254-1475 

COM(93) 469 final 

DOCUMENTS 

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Catalogue number : CB-CO-93-686-EN-C 

ISBN 92-77-62536-8 

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