Proposal for a Council Decision on the position to be taken by the Community concerning the proposal to amend the TIR Convention 1975
Date: 2004-04-30
Institutions: European Commission
Subjects: amendment, carriage of goods, customs cooperation, customs harmonisation, international convention, international road transport, transport document

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.4.2004 
COM(2004) 331 final 

2004/0116 (ACC) 

. 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the Community concerning the proposal to amend 
the TIR Convention 1975 

. 

(presented by the Commission) 

EN 

   EN 

 
 
 
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3. 

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5. 

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EXPLANATORY MEMORANDUM 

The TIR Convention 1975 enables the movement of  goods  that are under  duty  and 
tax  suspension  to  cross  international  borders  with  the  minimum  of  intervention  by 
Customs en route. The TIR system is based on the use of an internationally accepted 
Customs transit document, the TIR carnet, which also provides a financial guarantee 
for  the  suspended  duties  and  taxes.  The  guarantee  system  is  managed  by  an 
International  Organization  authorized  by  the  Administrative  Committee  of  the  TIR 
Convention.  The  organization  currently  authorized  is  the  International  Road 
Transport Union (IRU). 

On 20 October 1995, the Administrative Committee adopted a Recommendation for 
the introduction of a control system for TIR carnets in order to apply Resolution No 
49 (adopted on 3 March 1995 by the UNECE Working Party on Customs Questions 
Affecting  Transport  –  WP.30)  on  the  short-term  measures  needed  to  ensure  the 
security  and  the  efficient  functioning  of  the  TIR  system.  In  accordance  with  this 
recommendation,  Customs  authorities  should  transmit  to  the  competent  national 
guaranteeing associations by the fastest available means and, if possible, on a daily 
basis, the information concerning the termination of all TIR carnets presented at their 
Customs  offices  of  destination.  Consequently  the  IRU  developed  an  electronic 
control system designed to monitor the termination of the TIR transport. The system, 
known  as  SafeTIR,  potentially  enables  better  control  of  the  TIR  system  and  is 
recognised  by  the  Customs  authorities  as  being  a  useful  tool  in  the  fight  against 
fraud. 

For some time it has been the IRU’s ambition to enhance the profile (and usage) of 
SafeTIR  and  to  incorporate  reference  to  the  system  in  the  body  of  the  TIR 
Convention.  At  the  beginning  of  2003  the  Latvian  government  presented  to  the 
WP.30  a  proposal  to  amend  the  TIR  Convention  to  effectively  replace  the 
Recommendation and to introduce reference to the SafeTIR into the TIR Convention. 

The  matter  has  been  discussed  in  subsequent  sessions  of  the  WP.30  and  the 
Commission,  taking  into  account  the  views  of  the  Member  state’s  TIR  policy 
experts, has suggested certain modifications to the Latvian proposal. 

As  a  result  of  these  discussions  the  original  proposal  by  Latvia  has  been  modified 
and now comprises a proposal to amend the Convention to create a new Article 42ter 
and  a  new  Annex  10.  The  new  Article  42ter  merely  serves  to  introduce  the  new 
Annex  10,  which  in  turn  essentially  reproduces the  text  of  the  Recommendation  of 
20  October  1995.  For  purely  technical  reasons  Article  60  (1)  also  requires  to  be 
amended. 

There is a consensus among the Member States in support of the modified proposal 
and this support is shared by the Commission services. The WP.30 at its June 2003 
session  endorsed  the  modified  proposal  (as  subsequently  set  out  in  UNECE 
document  TRANS/WP.30/AC.2/2004/6),  and  the  proposal  now  has  to  be  formally 
adopted  by  the  Administrative  Committee  –  the  highest  organ  under  the  TIR 
Convention. 

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8. 

Given  this  level  of  support  it  is  likely  that  the  proposal  will  be  adopted  without 
further amendment. However it is possible that some minor drafting changes might 
be proposed by the Administrative Committee but it is anticipated that the essence of 
the proposal shall remain intact. 

In  the  light  of  the  above,  the  Commission  proposes  that  the  Council  adopt  the 
annexed decision. 

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2004/0116 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the Community concerning the proposal to amend 
the TIR Convention 1975 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
133, in conjunction with 300 (2), 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The Customs Convention on the international transport of goods under cover of TIR 
carnets  (TIR  Convention)  of  14  November  1975  was  approved  by  the  Regulation 
(EEC) No 2112/78, of 25 July 19781 and entered into force in the Community on 20 
June 19832, 

The Council, on 29 June 2000, authorised the Commission to negotiate, on behalf of 
the European Community, amendments to the TIR Convention3, 

The United Nations Economic Commission for Europe (UN/ECE) Working Party on 
Customs Questions Affecting Transport – WP.30 at its June 2003 session endorsed a 
proposal initially submitted by the Latvian government and subsequently modified, to 
amend the TIR Convention to introduce in the Convention a reference to an electronic 
control system for TIR carnets, 

The  Administrative  Committee,  being  the  highest  organ  under  the  TIR  Convention, 
has  been  asked  to  formally  adopt  the  proposed  amendment  at  its  February  2004 
session, 

(5) 

The Community position concerning the proposed amendment should be determined. 

HAS DECIDED AS FOLLOWS: 

1 
2 
3 

OJ L 252, 14.9.1978 
OJ L 31, 2.2.1983, p. 13. 
Council document 9496/00 refers, adopted by the Council on 29 June 2000. 

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Article 1 

The  Community's  position  within  the  Administrative  Committee  shall  be  based  on  the  draft 
amendment annexed hereto. 

Done at Brussels, […] 

For the Council 
The President   

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ANNEX  

Draft 

PROPOSED AMENDMENTS TO THE TIR CONVENTION 

"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.” 

"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 dates referred to in this paragraph 
shall be by a two-thirds majority of those present and voting.” 

“Annex 10 

INFORMATION TO BE PROVIDED BY CONTRACTING PARTIES TO AUTHORIZED 
ASSOCIATIONS AND AN INTERNATIONAL ORGANIZATION UNDER ARTICLE 42 
TER 

By  virtue  of  Article  6,  paragraph  1  and  Annex  9,  Part  I,  paragraph  1  (f)  (iii)  of  this 
Convention, authorized associations are required to give an undertaking that they shall verify 
continuously that persons authorized to have access to the TIR procedure fulfill the minimum 
conditions and requirements as laid down in Annex 9, Part II of the Convention. 

On  behalf  of  its  member  associations  and  in  fulfilment  of  its  responsibilities  as  an 
international  organization  authorized  under  Article  6,  paragraph  2  bis,  an  international 
organization  shall  establish  a  control  system  for  TIR  Carnets  to  hold  data,  transmitted  by 
Customs  authorities  and  accessible  by  the  associations  and  Customs  administrations,  about 
the termination of TIR operations at offices of destination. To enable the associations to fulfil 
their  undertaking  effectively,  Contracting  Parties  shall  provide  information  to  the  control 
system in accordance with the following procedure: 

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(1) 

Customs authorities shall transmit to an international organization or to the national 
guaranteeing  associations,  if  possible  via  central  or  regional  offices,  by  the  fastest 
available  means  of  communication  (fax,  electronic  mail,  etc.)  and  if  possible  on  a 
daily basis, at least the following information in a standard format in respect of all 
TIR Carnets presented at Customs offices of destination, as defined in Article 1 (l) of 
the Convention: 

(a) 

TIR Carnet reference number; 

(b) 

Date and record number in the Customs ledger; 

(c) 

Name or number of Customs office of destination; 

(d) 

Date and reference number indicated in the certificate of termination of the TIR 
operation (boxes 24-28 of voucher No. 2) at the Customs office of destination 
(if different from (b)); 

(e) 

Partial or final termination; 

(f) 

Termination  of  the  TIR  operation  certified  with  or  without  reservation  at  the 
Customs  office  of  destination  without  prejudice  to  Articles  8  and  11  of  the 
Convention; 

(g) 

Other information or documents (optional); 

(h) 

Page number. 

(2) 

The  annexed  Model  Reconciliation  Form  (MRF)  may  be  addressed  to  Customs 
authorities by national associations or by an international organization 

– 

– 

in  case  of  discrepancies  between  the  data  transmitted  and  those  on  the 
counterfoils in the used TIR Carnet; or 

in  case  no  data  have  been  transmitted  whereas  the  used  TIR  Carnet  has  been 
returned to the national association. 

Customs authorities shall reply to the reconciliation requests if possible by returning 
the duly filled-in MRF as soon as possible. 

Customs  authorities  and  national  guaranteeing  associations  shall  conclude  an 
agreement, in line with national law, covering the above data exchange. 

An international organization shall give Customs authorities access to the database of 
terminated TIR Carnets and to the database of invalidated TIR Carnets.” 

(3) 

(4) 

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Annex 

Model Reconciliation Form (MRF) 

To be filled-in by the initiator of the request for reconciliation 

Destination: 
Regional Customs office (optional): 
Name: 

Customs office of destination:  
Name: 

Received on: 

Received on: 

Date: 
Stamp 

Date: 
Stamp 

Data to be confirmed

Data source: 

(cid:31) TIR Carnet 

(cid:31) Control system data 

TIR Carnet 
Reference 
Number 

Name or number 
of Customs office 
of destination* 

Reference number 
indicated in the 
certificate of 
termination of the 
TIR operation (boxes 
24-28 of voucher No. 
2) at the Customs 
office of destination* 

Date indicated in 
the certificate of 
termination of the 
TIR operation at 
the Customs 
office of 
destination* 

Page 
number 

Partial  /  final
termination 

Number of 
packages 
(optional) 

Termination 
of the TIR 
operation 
certified with 
or without 
reservation at 
the Customs 
office of 
destination 

Attachments: 

(cid:31) Copy of TIR Carnet counterfoils 

Other: _______________ 

Response from Customs office of destination 

(cid:31) Confirmation 

(cid:31) Correction 
(please insert the corrections below)

(cid:31) No reference found 
on the termination of the TIR operation 

TIR Carnet 
Reference 
Number 

Name or number 
of Customs office 
of destination* 

Reference number 
indicated in the 
certificate of 
termination of the 
TIR operation (boxes 
24-28 of voucher No. 
2) at the Customs 
office of destination* 

Date indicated in 
the certificate of 
termination of the 
TIR operation at 
the Customs 
office of 
destination* 

Page 
number 

Partial / final 
termination 

Number of 
packages 
(optional) 

Termination 
of the TIR 
operation 
certified with 
or without 
reservation at 
the Customs 
office of 
destination 

Comments: 

Date: 

Comments: 

Stamp and signature 
of Customs office 
of destination: 

Central Customs office (optional) 

Date: 

Stamp and/or signature 

* Please note that these data refer to the Customs office of Destination where the TIR movement terminated 

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