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: 2008-01-29
Institutions: European Commission
Subjects: carriage of goods, customs cooperation, customs document, customs transit, international convention, international transport, motor car, road transport

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.1.2008 
COM(2008) 28 final 

2008/0010 (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  a  new  Explanatory  Note  to 
Article 3 of the TIR Convention. This amendment concerns the transport of passenger 
cars on their own wheels under the TIR procedure. The TIR Executive Board and the 
TIR Secretariat were informed of different interpretations of the provisions of Article 3 
(a) (iii) which requires clarification by means of the proposed new Explanatory Note. 

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•  General context 

The  TIR  Convention,  which  is  administrated  by  the  United  Nations  Economic 
Commission  for  Europe  (UNECE)  based  in  Geneva,  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 TIR Executive Body was informed of different interpretations, 
at  national  level,  of  the  provisions  of  Article  3  (a)  (iii)  relating  to  vehicles  "exported 
and  therefore  themselves  considered  as  goods  travelling  by  their  own  means".  Some 
Contracting Parties seemed to accept that passenger cars travelling on their own wheels 
fall under the above description, while in other Contracting Parties national legislation 
explicitly forbids the use of TIR Carnets for transport of passenger cars, unless these 
cars  are  loaded  onto  another  vehicle.  These  differences  in  interpretation  had  led  to 
situations  where  TIR  Carnets  had  been  opened  for  transport  of  passenger  cars  to  one 
Contracting  Party,  but  were  subsequently  refused  by  a  Customs  office  en  route  of 
another Contracting Party. Following an exchange of views the TIRExB felt that this 
issue should be clarified from the legal point of view and proposed a new Explanatory 
Note.  This  proposal  was  discussed  by  the  Working  Party  on  Customs  Questions 
Affecting Transport and the Administrative Committee for the TIR Convention and no 
objections were raised.  

•  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 

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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 
67 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 
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,  within  the  TIR  Executive  Board  and  customs 
authorities  from  the  Contracting  Parties  to  the  TIR  Convention.  Consultations  took 
place also within the Customs Code Committee meetings and sessions of the Working 
Party  on  Customs  Questions  Affecting  Transport  and  the  Administrative  Committee 
for the TIR Convention. 

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Summary of responses and how they have been taken into account 

Favourable opinion 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

The rules of using the TIR carnet for passenger cars exported and therefore travelling 
on their own wheels need to be clearly specified and explained in the TIR Convention.  

By  introducing  this  amendment  the  proper  interpretation  of  Article  3  (a)  (iii)  in  all 
Contracting  Parties  to  the  Convention  is  ensured.  Possible  problems  for  transport 
operators  as  regards  customs  controls  of  cars  exported  and  therefore  themselves 
considered as goods travelling by their own means are eliminated. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

This amendment proposes a new Explanatory Note to Article 3 of the TIR Convention. 

•  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 

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principle therefore does not apply. 

•  Proportionality principle 

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

The  proposal  is  in  conformity  with  the  principle  of  proportionality.  It  implements  an 
amendment  to  the  international  agreement  which  as  such  respects  the  principle  of 
proportionality. 

The proposal concerns a new Explanatory Note. The aim of this amendment is provide 
clear interpretation as regards the use of Article 3 (a) (iii) of the TIR Convention. 

•  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. 

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4)  BUDGETARY IMPLICATION 

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The proposal has no implication for the Community budget. 

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2008/0010 (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. 

The TIR Executive Board was informed about serious problems as regards the use of 
the TIR carnet for passenger cars that are "exported and therefore considered as goods 
travelling on their own wheels". It was decided that a new Explanatory Note to Article 
3  (a)  (iii)  of  the  Convention  should  be  proposed  that  limits  the  possibility  of 
transporting  passenger  cars  on  their  own  wheels  under  cover  of  TIR  Carnets,  as  the 
extension  of  the  TIR  procedure  to  such  goods  could  lead  to  a  number  of  negative 
consequences and a higher risk of fraud.  

In September 2007 the Administrative Committee for the TIR Convention decided that 
in order to provide for a proper application of Article 3 (a) (iii) of the TIR Convention 
a  new  Explanatory  Note  to  this  Article  should  be  introduced.  This  new  Explanatory 
Note aims to eliminate different interpretations, at national level, of the provisions of 
Article 3 that relate to vehicles exported and travelling by their own means.  

(4) 

The Community position concerning the proposed amendment should be determined, 

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

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HAS ADOPTED THIS DECISION:  

Article 1 

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

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels, 

For the Council 
The President 

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Add a new Explanatory Note: 

ANNEX  

"0.3 (a) (iii)  The  provisions  of  Article  3  (a)  (iii)  do  not  cover  passenger  cars  (HS-
code 8703) travelling by their own means. However, passenger cars may be carried 
under the TIR procedure if transported by means of other vehicles as referred to in 
subparagraph (a) (i) and (a) (ii) of Article 3." 

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