Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, on the proposal to amend the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)
Date: 2013-05-14
Institutions: European Commission
Subjects: international convention, international road transport, revision of an agreement

EUROPEAN 
COMMISSION 

Brussels, 14.5.2013  
COM(2013) 276 final 

2013/0148 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, on 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 
Union by way of Council Regulation (EEC) No 2112/78. The Convention entered into force 
in the Union on 20 June 1983. 

The purpose of the proposed Decision is for the Union to adopt the latest amendments to the 
TIR  Convention  agreed  by  the  UNECE  Working  Party  on  Customs  Questions  Affecting 
Transport  and  further  adopted  by  the  Administrative  Committee  for  the  TIR  Convention, 
1975, subject to completion of the EU's internal procedures. 

On  5  July  2012,  the  Administrative  Committee  transmitted  to  the  Secretary-General,  in 
accordance  with  the  provisions  of  article  59  (1)  and  (2)  of  the  Convention,  proposals  of 
amendments to Articles 6.2 bis and Annex 9 to the text of the Convention, adopted at its fifty-
third session held in Geneva on 9 February 2012. On 10 July The Secretary-General issued the 
Depository  Notification  C.N.358.2012.TREATIES,  communicating  that  if  by  10  July  2013 
none of the Contracting Parties had notified any objections to the amendment proposals, they 
will enter into force on 10 October 2013.  

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  the 
amendment of Article 6 of the TIR Convention in order to introduce a new part III in Annex 9 
to the TIR Convention establishing the conditions and requirements to be complied with by an 
international  organization  which  is  authorised  to  take  on  the  responsibility  for  the  effective 
organization and functioning of an international guarantee system and to print and distribute 
TIR  Carnets.  That  international  organization  is  currently  the  International  Road  Transport 
Organization (IRU). 

This new Annex 9, part III will complement the purpose of Annex 9 which addresses access 
to the TIR procedure by the private sector and which already deals with the authorisations for 
national  associations  to  issue  TIR  carnets  as  well  as  for  natural  and  legal  persons  to  utilize 
TIR Carnets. 

1.3. 

Existing provisions in the area of the proposal 

Article 6 and Explanatory notes to Article 6, paragraph 2 bis to the TIR Convention. 

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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. 

2. 

CONSULTATION  OF 
ASSESSMENT  

INTERESTED 

PARTIES  AND 

IMPACT 

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  Legislation  Committee  (Co-ordination 
Geneva)  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 Annex 9 to the TIR Convention. 
However, the introduction of a new part III, will complement its purpose by defining clearly 
the  roles  and  responsibilities  of  the  all  players  in  the  TIR  system  for  the  purposes  of 
transparency  in  its  management.  In  addition,  as  the  international  organization  is  currently 
playing  a  vital  role  in  the  TIR  system,  the  TIR  Convention  should  clearly  define  this 
organization  and  explain how  the procedure for authorisation of this organization should be 
applied.The  introduction  of  these  conditions  and  requirements  in  the  legal  text  of  the  TIR 
Convention  will  also  simplify  the  text  of  the  written  agreement  between  UNECE  and  the 
international organization in accordance with Explanatory Note 0.6.2 bis 2. 

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  Union  concerning  the 
proposal  to  amend  the  Customs  Convention  on  the  International  Transport  of  goods  under 
cover of TIR carnets. 

3.2. 

Legal basis 

Articles 207 and 218 (9) of the Treaty on the Functioning of the European Union. 

3.3. 

Subsidiarity principle 

The proposal falls within an area of exclusive competence of the European Union (common 
commercial policy) and therefore does not deserve an examination with regard to the principle 
of subsidiarity (Article 5 (3) of the Treaty on the Functioning of the European Union). 

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The  proposed  amendments  were  preliminarily  adopted  by  the  UNECE  Working  Party  on 
Customs  Questions  Affecting  Transport  and  Administrative  Committee  for  the  TIR 
Convention. 

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 Union's legal order by way of a Decision. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Union budget. 

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2013/0148 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, on 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  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207, in conjunction with of Article 218 (9) thereof, 

Having regard to the proposal from the European 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 on behalf of the Union 
by  Council  Regulation  (EEC)  No  2112/78  of  25  July  19781and  entered  into  force  in 
the Union 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 date of entry into force. 

Following  extensive  deliberations,  in  October  2011  the  UNECE  Working  Party  on 
Customs  Questions  Affecting  Transport  decided  that  some  modifications  of  the  TIR 
Convention are necessary. These modifications concern Article 6 and the introduction 
of a new Part III in Annex 9 to the TIR Convention, establishing the conditions and 
requirements to be complied with by an international organization which is authorised 
to  take  on  the  responsibility  for  the  effective  organization  and  functioning  of  an 
international guarantee system and to print and distribute TIR Carnets. 

The  proposed  amendments  to  the  TIR  Convention  introduce  a  definition  of  the 
international  organization  and  clearly  define  the  authorisation  process  of  this 
organization.  The  introduction  of  a  new  part  III  of  Annex  9  will  complement  its 
purpose  by  defining  clearly  the  roles  and  responsibilities  of  all  players  in  the  TIR 
system  and  increase  the  transparency  of  its  management.  The  introduction  of  these 
conditions and requirements in the legal text of the TIR Convention will also simplify 
the text of the written agreement between UNECE and the international organization 
in accordance with Explanatory Note 0.6.2 bis 2. 

(5) 

Delegates  of  all  Member  States  expressed  their  positive  opinion  as  regards  the 
amendment  proposal  within  the  Customs  Legislation  Committee  (Co-ordination 
Geneva). 

1 
2 
3 

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) 

(7) 

In  its  53rd  session  in  February  2012  the  Administrative  Committee  for  the  TIR 
Convention adopted the proposed amendments of the TIR Convention, subject to the 
completion of the EU's internal procedures. 

On 5 July 2012,  the  Administrative Committee transmitted to the Secretary-General, 
in  accordance  with  the  provisions  of  article  59  (1)  and  (2)  of  the  Convention, 
proposals  of  amendments  to  Articles  6.2  bis  and  Annex  9  to  the  text  of  the 
Convention, adopted at its fifty-third session held in Geneva on 9 February 2012. On 
10 
the  Depository  Notification 
C.N.358.2012.TREATIES,  communicating  that  if  by  10  July  2013  none  of  the 
Contracting Parties had notified any objections to the amendment proposals, they will 
enter into force on 10 October 2013. 

Secretary-General 

issued 

July 

the 

(8) 

Therefore,  the  Union  position  concerning  the  proposed  amendment  should  be 
determined, 

HAS ADOPTED THIS DECISION:  

The position to be taken by the European Union in the Administrative Committee for the TIR 
Convention shall be based on the draft amendment attached to this Decision. 

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 Article 6, a new paragraph is introduced as follows:  

ANNEX  

Article 6, paragraph 2 bis  

Modify paragraph 2 bis to read:  

2  bis  An  international  organization  shall  be  authorized  by  the  Administrative  Committee  to 
take  on  responsibility  for  the  effective  organization  and  functioning  of  an  international 
guarantee  system.  The  authorization  shall  be  granted  as  long  as  the  organization  fulfils  the 
conditions and requirements laid  down in  Annex 9, Part III.  The  Administrative Committee 
may revoke the authorization if these conditions and requirements are no longer fulfilled.  

In Annex 9, a new Part III is introduced as follows:  

Annex 9, new part III  

Insert a new part III to read:  

Authorization  of  an  international  organization,  as  referred  to  in  Article  6,  to  take  on  the 
responsibility  for  the  effective  organization  and  functioning  of  an  international  guarantee 
system and to print and distribute TIR Carnets  

Conditions and requirements  

1.  The  conditions  and  requirements  to  be  complied  with  by  an  international  organization  in 
order  to  be  authorized,  in  accordance  with  Article  6.2  bis  of  the  Convention,  by  the 
Administrative  Committee  to  take  on  the  responsibility  for  the  effective  organization  and 
functioning of an international guarantee system and to print and distribute TIR Carnets are:  

(a)  Proof  of  sound  professional  competence  and  financial  standing  for  the  effective 
organization  and  functioning  of  an  international  guarantee  system  and  the  organizational 
capabilities to fulfil its obligations under the Convention by means of annual submissions of 
consolidated  financial  statements  duly  audited  by  internationally  recognized  independent 
auditors;  

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

2. Pursuant to the authorization, the international organization shall:  

(a)  provide  the  Contracting  Parties  of  the  TIR  Convention  via  the  national  associations 
affiliated  to  the  international  organization  with  certified  copies  of  the  global  guarantee 
contract and proof of guarantee coverage;  

(b)  provide  the  competent  bodies  of  the  TIR  Convention  with  information  on  the  rules  and 
procedures set out for the issue of TIR Carnets by national associations;  

(c)  provide  the  competent  bodies  of  the  TIR  Convention,  on  a  yearly  basis,  with  data  on 
claims lodged, pending, paid or settled without payment;  

(d) provide the competent bodies of the TIR Convention with full and complete information 
on the functioning of the TIR system, in particular, but not limited to, timely and well founded 
information  on  trends  in  the  number  of  non-terminated  TIR  operations,  claims  lodged, 
pending, paid or settled without payment that might give rise to concerns with regard to the 
proper  functioning  of  the  TIR  system  or  that  could  lead  to  difficulties  for  the  continued 
operation of its international guarantee system;  

(e) provide the competent bodies of the TIR Convention with statistical data on the number of 
TIR Carnets distributed to each Contracting Party, broken down by type;  

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(f) provide the TIR Executive Board with details of the distribution price by the international 
organization of each type of TIR Carnet;  

(g) take all possible steps to reduce the risk of counterfeiting TIR Carnets;  

(h)  take  the  appropriate  corrective  action  in  cases  where  faults  or  deficiencies  with  the  TIR 
Carnet have been detected and report these to the TIR Executive Board;  

(j)  fully  participate  in  cases  where  the  TIR  Executive  Board  is  called  upon  to  facilitate  the 
settlement of disputes;  

(k) ensure that any problem involving fraudulent activities or other difficulties with regard to 
the  application  of  the  TIR  Convention  is  immediately  brought  to  the  attention  of  the  TIR 
Executive Board;  

(l) manage the control system for TIR Carnets, provided for in Annex 10 of the Convention, 
together  with  national  guaranteeing  associations  affiliated  to  the  international  organization 
and the Customs authorities and inform the Contracting Parties and the competent bodies of 
the Convention of problems encountered in the system;  

(m)  provide  the  competent  bodies  of  the  TIR  Convention  with  statistics  and  data  on  the 
performance of Contracting Parties with regard to the control system provided for in Annex 
10;  

(n)  conclude,  not  less  than  two  months  before  the  provisional  date  of  entry  into  force  or 
renewal  of  the  authorization  granted  in  accordance  with  Article  6.2bis  of  the  Convention,  a 
written  agreement  with  the  United  Nations  Economic  Commission  for  Europe  secretariat, 
mandated by and acting on behalf of the Administrative Committee, which shall include the 
acceptance by the international organization of its duties set out in this paragraph.  

3. When the international organization is informed by a guaranteeing association of a claim 
for payment, it shall, within a period of three (3) months inform the guaranteeing association 
of its position concerning the claim.  

4. All information acquired, directly or indirectly, by the international organization under the 
Convention, which is by nature confidential or which is provided on a confidential basis, shall 
be covered by the obligation of professional secrecy and shall not be used or processed neither 
for any commercial purpose nor for any other purpose than for which it has been provided or 
disclosed  to  any  third  party  without  the  express  permission  of  the  person  or  authority  that 
provided  it.  Such  information  may,  however,  be  disclosed  without  permission  to  competent 
authorities  of  Contracting  Parties  to  this  Convention,  where  there  is  an  authorization  or 
obligation  to  do  so  pursuant  to  provisions  of  national  or  international  law  or  in  connection 
with  legal  proceedings.  The  disclosure  or  communication  of  information  shall  take  place  in 
full compliance with data-protection provisions in force.  

5. The Administrative Committee shall have the right to revoke the authorization granted in 
accordance  with  Article  6.2  bis  in  case  of  non-compliance  with  the  above  conditions  and 
requirements.  Should  the  Administrative  Committee  decide  to  revoke  the  authorization,  the 
decision will become effective at the earliest six (6) months after the date of revocation.  

6.  The  authorization  of  an  international  organization  under  the  terms  set  out  above  shall  be 
without prejudice to that organization’s responsibilities and liabilities under the Convention.  

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