Proposal for a Council Decision on the position to be taken by the Community concerning the proposal to amend the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)
Date: 2007-10-15
Institutions: European Commission
Subjects: carriage of goods, customs cooperation, customs document, customs union, international convention, international transport

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 15.10.2007 
COM(2007) 596 final 

2007/0208 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the Community concerning the proposal to amend the 
Customs Convention on the International Transport of goods under cover of TIR 
carnets (TIR Convention 1975) 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  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. 

The  purpose  of  the  proposed  Decision  is  to  introduce  amendments  in  Article  13  of 
Annex  8  to  the  TIR  Convention.  These  amendments  concern  the  financial 
arrangements  as  regards  the  functioning  of  the  TIR  Executive  Board  and  the  TIR 
Secretariat of the UN Economic Commission for Europe. 

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•  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.  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.  

Over  recent  months  the  Public-Private  Partnership  established  by  the  customs 
authorities and the guaranteeing associations encountered serious problems within the 
TIR system in particular in respect of the financing of the TIR Executive Board and the 
TIR  Secretariat.  In  order  to  strengthen  the  TIR  system  and  the  Public-Private 
Partnership  both  partners  decided  to  take  all  the  necessary  steps  to  amend  the  TIR 
Convention  so  that  the  word  "levy"  is  replaced  by  "amount"  and  the  procedure  for 
establishing this amount is clearly specified. Another necessary action was the drawing 
up  of  a  procedural  agreement  between  the  UNECE  and  the  IRU.  These  actions  will 
certainly provide for a transparent system of financing the UNECE secretariat and the 
TIR Executive Body.  

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with the other policies and objectives of the Union 

The  proposed  Decision  is  consistent  with  the  common  policy  in  trade  and  transport. 
The TIR system, providing facilitation in road transport, allows goods to travel across 
66 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 

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line with the revised Lisbon strategy. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

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Consultation methods, main sectors targeted and general profile of respondents 

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

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Summary of responses and how they have been taken into account 

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Favourable opinion 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The rules of financing the TIRExB and the TIR Secretariat need to be clearly specified 
in the TIR Convention.  

By  introducing  these  amendments  the  sustainability  of  the  TIR  system  is  maintained 
and the continued existence of the TIR bodies is possible. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

These amendments concern  the changes  in terminology in Article 13 of  Annex 8, by 
replacing the word "levy" by "amount." It is also clearly described how the procedure 
for calculation of an amount per TIR carnet should be established and fulfilled.  

•  Legal basis 

Articles 133 and 300 (2) of the Treaty establishing the European Community 

•  Subsidiary principle 

The proposal falls under the exclusive competence of the Community. The subsidiary 
principle therefore does not apply. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

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The  proposal  is  in  conformity  with  the  principle  of  proportionality.  It  implements  an 

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amendment  to  the  international  agreement  which  as  such  respects  the  principle  of 
proportionality. 

The proposal requires changes in the terminology in Article 13 of Annex 8 to the TIR 
Convention. The aim of these amendments is also to clearly define the mechanism of 
financing  of  the  TIR  bodies  and  future  cooperation  between  the  public  and  private 
partners in this respect. 

•  Choice of instruments 

Proposed instruments: Decision. 

Other means would not be adequate for the following reason(s). 

International  agreements  and  amendments  to  these  arrangements  are  normally 
introduced into the Community's legal order by way of a Decision. 

4)  BUDGETARY IMPLICATION 

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The proposal has no implication for the Community budget. 

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2007/0208 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken by the Community concerning the proposal to amend the Customs 
Convention on the International Transport of goods under cover of TIR carnets (TIR 
Convention 1975) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article133, in conjunction with Article 300 (2) thereof, 

Whereas: 

(1) 

(2) 

(3) 

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 
Community  by  Council  Regulation  (EEC)  No  2112/78  of  25  July  19781and  entered 
into force in the Community on 20 June 19832. 

In January 2007 the Administrative Committee for the TIR Convention decided that in 
order to cooperate efficiently within the Public-Private Partnership some amendments 
to the TIR Convention should be implemented to provide for a transparent system of 
financing  the  UNECE  Secretariat  and  the  TIR  Executive  Board.  These  amendments 
concern  the  linguistic  changes  as  well  as  clearly  describe  the  procedure  for  the 
calculation of an amount per TIR Carnet. 

All  Member  States  expressed  their  positive  opinion  as  regards  the  amendment 
proposal. The draft produced by the Administrative Committee to the TIR Convention 
was  already  discussed  within  the  Customs  Code  Committee  and  it  was  preliminarily 
approved. 

(4) 

The Community position concerning the proposed amendment should be determined, 

HAS ADOPTED THIS DECISION:  

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

Article 1 

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OJ L252, 14.09.1978 
OJ L31, 2.2.1983, p.13 

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Article  

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

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Replace the existing text of Annex 8, Article 13, paragraph 1 by: 

ANNEX  

"1. 

The  operation  of  the  TIR  Executive  Board  and  the  TIR  Secretariat  shall  be 
financed, until such time as alternative sources of funding are obtained, through 
an  amount  per  TIR  carnet  distributed  by  the  international  organization  as 
referred  to  in  Article  6.  This  amount  shall  be  approved  by  the  Administrative 
Committee." 

Add a new Explanatory Note: 

"8.13.1-3 

Amount 

The amount referred to in paragraph 1 shall be based on (a) the budget and cost plan 
of the TIR Executive Board and TIR Secretariat as approved by the Administrative 
Committee  and  (b)  the  forecast  of  the  number  of  TIR  carnets  to  be  distributed  as 
established by the international organization." 

Replace the existing text of Annex 8, Article 13, paragraph 2 by: 

"2. 

The procedure to implement the financing of the operation of the TIR Executive 
Board  and  the  TIR  Secretariat  shall  be  approved  by  the  Administrative 
Committee." 

Add a new Explanatory Note: 

"8.13.2. Following consultation with the international organization as referred in Article 6, the 
procedure referred to in paragraph 2 shall be reflected in the agreement between the 
UNECE,  as  mandated  by  and  acting  on  behalf  of  the  Contracting  Parties,  and  the 
international  organization  as  referred  to  in  Article  6.  The  agreement  shall  be 
approved by the Administrative committee." 

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