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
Date: 1995-07-07
Institutions: European Commission
Subjects: UN resolution, customs fraud, customs transit, exchange of information, international road transport, transport document

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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 

(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: 

In order to facilitate the detection of fraudulently discharged 

1. 
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. 
search procedures for the transport of sensitive goods; 

Contracting Parties should institute accelerated discharge and 

Contracting Parties and the IRU shall take all necessary steps 

3. 
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; 

In order to facilitate Customs control for tobacco and alcohol 

5. 
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; 

Contracting Parties ensure that for the transport of tobacco and 

6. 
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; 

Contracting Parties ensure that the provisions of article 38 of 

8. 
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; 

Contracting Parties take all necessary measures to avoid the 

9. 
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 

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02  07 

Catalogue number  :  CB-CO-95-355-EN-C 

ISBN 92-77-91301-0 

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