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: 2008-12-19
Institutions: European Commission
Subjects: carriage of goods, customs cooperation, customs harmonisation, international convention, international road transport, transport document

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 19.12.2008 
COM(2008) 849 final 

2008/0236 (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) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

Context of the Proposal 

Ground 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 amend the Explanatory Note to Article 8.3 of the 
TIR  Convention.  This  amendment  concerns  the  recommended  guarantee  level  for  the  TIR 
Carnet.  In  October  2008  the  Working  Party  on  Customs  Questions  Affecting  Transport  and 
the Administrative Committee for the TIR Convention decided that the recommended amount 
which  may  be  claimed  for  each  TIR  Carnet  should  be  changed  from  50.000USD  to 
60.000EUR. 

General context 

The  TIR  Convention  is  administrated  by  the  United  Nations  Economic  Commission  for 
Europe (UNECE) based in Geneva. The Convention established a customs transit procedure 
for the international movement of goods by road and 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. The TIR Carnets is not 
only  a  transit  declaration  but  also  a  guarantee  proof.  The  guarantee  level  of  50.000USD 
established in 1975 has never been changed. 

Over  recent  months  some  Contracting  Parties  to  the  Convention  expressed  their  concern 
regarding the present recommended guarantee level of 50.000USD for TIR transports. They 
were of the view that current exchange rates and prices are different than those applicable in 
1975 and that they therefore have to apply additional control measures, like customs escorts 
or  financial  securities.  In  order  to  avoid  such  additional  measures  and  problems  an 
amendment of the Explanatory Note 0.8.3 was proposed. 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.  

As  Community  legislation  already  applies  the  recommended  amount  of  60.000EUR  the 
proposed amendment has no effect on the Community. 

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 

EN 

2 

   EN 

 
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. 

Consultations of interested parties and impact assessment 

Consultation of interested parties 

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. Consultations took place also within sessions of the Working Party on Customs 
Questions Affecting Transport and the Administrative Committee for the TIR Convention. 

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 guarantee level for the TIR Carnet should be raised in order to secure the TIR system and 
eliminate additional control measures like escorts or required deposits of financial security or 
guarantee. 

For the Community the recommended guarantee of 60.000EUR is already applicable for some 
time and the proposed amendment will additionally align the Community legislation with the 
TIR Convention. 

By introducing this amendment the financial interests of customs administrations will be fully 
secured and the use of expensive customs escorts is expected to decline. 

Legal elements of the proposal 

This amendment amends the Explanatory Note to Article 0.8.3 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 
principle therefore does not apply. 

Proportionality principle 

EN 

3 

   EN 

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

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

The  proposal  concerns  the  Explanatory  Note.  The  aim  of  this  amendment  is  to  change  the 
recommended guarantee level for the TIR Carnet from 50.000USD to 60.000EUR. 

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. 

Budgetary implications 

The proposal has no implication for the Community budget. 

EN 

4 

   EN 

 
2008/0236 (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 Article 
133, 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. 

Some Contracting Parties to the TIR Convention expressed their concern regarding the 
present  recommended  guarantee  level  for  TIR  transports.  They  argue  that  current 
exchange rates and prices are different than those that were applicable in 1975 and that 
they  therefore  have  to  apply  additional  control  measures,  like  customs  escorts  or 
financial  securities.  In  order  to  avoid  such  additional  measures  and  problems  an 
amendment of the Explanatory Note 0.8.3 was proposed. 

In October 2008 the Administrative Committee for the TIR Convention decided that in 
order  to  secure  the  financial  interests  of  customs  authorities  involved  in  the  TIR 
system  an  amendment  to  the  Explanatory  Note  0.8.3  has  to  be  made  to  replace  the 
reference to 50.000USD by a reference to 60.000EUR. 

(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 to support the draft 
amendment annexed hereto. 

Article 1 

1 
2 

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

EN 

5 

   EN 

 
                                                 
Article 2 

This Decision is addressed to the Member States. 

Done at Brussels,  

For the Council 
The President 

EN 

6 

   EN 

 
 
 
 
 
ANNEX  

Change Explanatory Note 0.8.3 as follows: 

Replace "$ US 50 000" by "EUR 60 000" 

EN 

7 

   EN