Proposal for a Council Decisionon 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: 2009-10-29
Institutions: European Commission
Subjects: carriage of goods, customs regulations, international convention, international road transport, suspension of customs duties, transport document

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 29.10.2009 
COM(2009)587 final 

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) 

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EXPLANATORY MEMORANDUM 

1. CONTEXT OF THE PROPOSAL 

1.1. 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 for the Community to adopt the latest amendments to 
the TIR Convention agreed by the UNECE Working Party on Customs Questions Affecting 
Transport. 

1.2. General context 

The TIR Convention, which is administered 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. 

The  UNECE  Working  Party  on  Customs  Questions  Affecting  Transport  agreed  that  some 
modifications  of  the  TIR  Convention  are  necessary.  These  modifications  concern  Part  I  of 
Annex  9  to  the  TIR  Convention.  This  part  deals  with  the  process  of  authorisation  for 
associations  to  issue  TIR  Carnets  and  to  act  as  guarantor.  The  Working  Party  decided  to 
reorganize this part of the Convention and to add some new elements that exist in practice but 
were  never  clearly  defined  by  the  legal  text.  According  to  the  proposal  associations  will  be 
obliged to submit to competent authorities true and certified copies of the full and integral text 
of the global insurance contract concluded by them with the international global insurers. The 
associations  must  now  inform  the  international  organization  of  requests  for  payment 
submitted to them by customs authorities. Additionally, access to the TIR system is now open 
to associations others than those representing the interests of the transport sector. 

1.3. Existing provisions in the area of the proposal 

Part I of Annex 9 to the TIR Convention. 

1.4. 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 68 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. 

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2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 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 
IRU. Consultations took place within the Customs Code Committee meetings and sessions of 
the UNECE Working Party on Customs Questions Affecting Transport. 

Summary of responses and how they have been taken into account 

Favourable opinion. 

2.2. Collection and use of expertise 

There was no need for external expertise. 

2.3. Impact assessment 

The  proposed  amendments  do  not  change  the  substance  of  Part  I  of  Annex  9  to  the  TIR 
Convention,  but  reorganize  it  so  that  it  is  easier  to  understand  and  apply  the  authorization 
procedure  for  associations  to  issue  TIR  Carnets  and  to  act  as  guarantor.  Additionally,  some 
new elements are added. According to Article 1 of Part I to Annex 9, access to the TIR system 
is  now  open  for  associations  others  than  those  representing  the  interests  of  the  transport 
sector.  The  obligation  for  associations  to  submit  to  competent  authorities  true  and  certified 
copies of the full and integral text of the global insurance contract concluded by them with the 
international global insurers is introduced in this part of Annex 9. The associations must now 
inform the international organization of requests for payment submitted to them by customs 
authorities.  

By  introducing  these  amendments  the  authorization  procedure  for  associations  to  issue  TIR 
Carnets and to act as guarantor is more clearly described by the Convention. Open access to 
the TIR system for associations others than those representing the transport sector is ensured. 
Practical arrangements that are already in use by the main actors of the system are now clearly 
defined by the legal text of the Convention. 

3. LEGAL ELEMENTS OF THE PROPOSAL 

3.1. Summary of the proposed action 

The proposed Decision lays down 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. 

3.2. Legal basis 

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

3.3. Subsidiarity principle 

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

The  proposed  amendments  were  preliminarily  adopted  by  the  UNECE  Working  Party  on 
Customs Questions Affecting Transport. 

3.4. Proportionality principle 

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

3.5. Choice of instruments 

Proposed instrument: Decision. 

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

4. BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

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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 the second subparagraph of Article 300 (2) thereof, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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. 

A  consolidated  version  of  the  TIR  Convention  was  published  as  Annex  to  Council 
Decision  2009/477/EC  of  28  May  20093,  according  to  which  the  Commission  shall 
publish future amendments to the Convention in the Official Journal of the European 
Union indicating their of entry into force. 

In June 2009 the UNECE Working Party on Customs Questions Affecting Transport 
decided  that  some  modifications  of  the  TIR  Convention  are  necessary.  These 
modifications concern Part I of Annex 9 to the TIR Convention, which deals with the 
process of authorisation for associations to issue TIR Carnets and to act as guarantor. 

The  proposed  amendments  do  not  change  the  substance  of  Part  I  of  Annex  9  to  the 
TIR  Convention  but  reorganize  it  so  that  it  is  easier  to  understand  and  apply  the 
authorization procedure for associations to issue TIR Carnets and to act as guarantor. 
Additionally,  some  new  elements  are  added.  One  of  them  is  open  access  to  the  TIR 
system  for  associations  others  than  those  representing  the  transport  industry.  Other 
amendments concern practical arrangements already in use but not prescribed by the 
legal text of the Convention. 

All  Member  States  expressed  their  positive  opinion  as  regards  the  amendment 
proposal. The draft produced by the Working Party on Customs Questions Affecting 
Transport  was  already  discussed  within  the  Customs  Code  Committee  and  it  was 
approved. 

1 
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OJ L 252, 14.09.1978, p. 1. 
OJ L 31, 2.2.1983, p. 13. 
OJ L 165, 26.6.2009, p. 1. 

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(6) 

The  next  session  of  the  Administrative  Committee  for  the  TIR  Convention  is 
scheduled  for  September  2009  and  it  is  expected  that  all  Contracting  Parties  to  the 
Convention  will  be  ready  to  formally  adopt  proposed  amendments  of  the  TIR 
Convention. 

(7) 

Therefore,  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 
amendment annexed hereto. 

Article 1 

This Decision is addressed to the Member States. 

Article 2 

The  Commission  shall  publish  the  amendment,  once  adopted,  in  the  Official  Journal  of  the 
European Union indicating its date of entry into force. 

Done at Brussels,  

For the Council 
The President 

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In Annex 9, Part I is replaced as follows: 

ANNEX  

"PART I 

AUTHORIZATION FOR ASSOCIATIONS TO ISSUE TIR CARNETS 
AND TO ACT AS GUARANTOR 

CONDITIONS AND REQUIREMENTS 

1. 

The conditions and requirements to be complied with by associations in order to be 
authorized  by  Contracting  Parties  to  issue  TIR  Carnets  and  to  act  as  guarantor  in 
accordance with Article 6 of the Convention are: 

(a)  Proven  existence  for  at  least  one  year  as  an  association  established  in  the 

Contracting Party where the authorization is issued. 

(b)  Proof  of  sound  financial  standing  and  organizational  capabilities  enabling  the 

association to fulfil its obligations under the Convention. 

(c)  Absence of serious or repeated offences against Customs or tax legislation. 

(d)  Establishment of a written agreement or any other legal instrument between the 
association and the competent authorities of the Contracting Party in which it is 
established including the acceptance by the association of its duties as set out 
in paragraph 3 of this Article. 

2. 

A  certified  copy  of  the  written  agreement  or  any  other  legal  instrument  referred  to 
under paragraph 1(d) together, if necessary, with a certified translation into English, 
French  or  Russian,  shall  be  deposited  with  the  TIR  Executive  Board.  Any  changes 
shall be immediately brought to the attention of the TIR Executive Board. 

3. 

The duties of the association are to: 

(i) 

comply with the obligations laid down in Article 8 of the Convention; 

(ii) 

accept the maximum sum per TIR Carnet determined by the Contracting Party 
which  may  be  claimed  from  the  association  in  accordance  with  Article  8, 
paragraph 3 of the Convention; 

(iii)  verify  continuously  and,  in  particular,  before  requesting  authorization  for 
access  of  persons  to  the  TIR  procedure,  the  fulfilment  of  the  minimum 
conditions and requirements as laid down in Part II of this Annex; 

(iv)  provide  its  guarantee  for  all  liabilities  incurred  in  the  country  in  which  it  is 
established in connection with operations under cover of TIR Carnets issued by 

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itself  and  by  foreign  associations  affiliated  to  the  same  international 
organization as that to which it is itself affiliated; 

(v) 

cover  its  liabilities  to  the  satisfaction  of  the  competent  authorities  of  the 
Contracting Party in which it is established with an insurance company, pool of 
insurers  or  financial 
insurance  or  financial  guarantee 
contract(s) shall cover the totality of its liabilities in connection with operations 
under  cover  of  TIR  Carnets  issued  by  itself  and  by  foreign  associations 
affiliated  to  the  same  international  organization  as  that  to  which  it  is  itself 
affiliated. 

institution.  The 

The  time  to  give  notice  for  the  termination  of  the  insurance  or  financial 
guarantee  contract(s)  shall  be  not  less  than  the  time  to  give  notice  for  the 
termination of the written agreement or any legal instrument as referred to in 
paragraph  1(d).  A  certified  copy  of  the  insurance  or  financial  contract(s)  as 
well  as  all  subsequent  modifications  thereto  shall  be  deposited  with  the  TIR 
Executive  Board,  including  a  certified  translation,  if  necessary,  into  English, 
French or Russian; 

(vi)  provide the TIR Executive Board annually, as per 1  March,  with the price of 

each type of TIR Carnets it issues; 

(vii)  allow the competent authorities to verify all record and accounts kept relating 

to the administration of the TIR procedure; 

(viii)  accept a procedure for settling efficiently disputes arising from the improper or 

fraudulent use of TIR Carnets, whenever possible without recourse to courts; 

(ix)  comply  strictly  with  the  decisions  of  the  competent  authorities  of  the 
Contracting  Party  in  which  it  is  established  concerning  the  revocation  of  the 
authorization or the exclusion or  withdrawal of persons in line with  Article 6 
and Article 38 of the Convention and Part II of this Annex; 

(x) 

agree  to  implement  faithfully  all  decisions  adopted  by  the  Administrative 
Committee  and  the  TIR  Executive  Board  in  as  much  as  the  competent 
authorities of the Contracting Party in which the association is established have 
accepted them. 

When a guaranteeing association is asked, in accordance with the procedures set out 
in  Article  11,  to  pay  sums  referred  to  in  Article  8  paragraphs  1  and  2,  it  shall,  in 
accordance with the written agreement referred to in Explanatory Note 0.6.2bis-1 to 
Article  6,  paragraph  2bis,  inform  the  international  organization  of  the  reception  of 
the claim. 

The  Contracting  Party  in  which  the  association  is  established  shall  revoke  the 
authorization to issue TIR Carnets and to act as guarantor in case of non-compliance 
with these conditions and requirements. Should a Contracting Party decide to revoke 
the authorization, the decision will become effective at the earliest three (3) months 
after the date of revocation. 

4. 

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6. 

7. 

The  authorization  of  an  association  under  the  terms  set  out  above  shall  be  without 
prejudice to that association's responsibilities and liabilities under the Convention. 

The conditions and requirements laid down above are without prejudice to additional 
conditions and requirements Contracting Parties may wish to prescribe." 

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