CELEX: 52019PC0636
Language: en
Date: 2019-12-17
Title: Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Administrative Committee for the Customs Convention on the International Transport of goods under cover of TIR carnets as regards the proposal to amend the Convention

EUROPEAN COMMISSION
            Brussels, 17.12.2019
            COM(2019) 636 final
            ANNEX 
            to the
            Proposal for a Council Decision
            on the position to be taken on behalf of the European Union within the Administrative Committee for the Customs Convention on the International Transport of goods under cover of TIR carnets as regards the proposal to amend the Convention
            
               
         
         
            
               ATTACHMENT 
            
            
               Amendments to the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)
            
            
            
               A. Amendments to the TIR Convention
            
            
               1.Article 1, new paragraph (s)
            
            
               (s)
                     The term “eTIR procedure” shall mean the TIR procedure, implemented by means of electronic exchange of data, providing the functional equivalent to the TIR Carnet. Whereas the provisions of the TIR Convention apply, the specifics of the eTIR procedure are defined in Annex 11.
            
            
               1bis.Article 3 (b)
            
            
                  (b)
                     the transport operations must be guaranteed by associations authorized in accordance with the provisions of Article 6. They must be performed under cover of a TIR Carnet, which shall conform to the model reproduced in Annex 1 to this Convention or be carried out by the eTIR procedure.
            
            
               2.Article 43
            
            
               The Explanatory Notes set out in Annex 6, Annex 7, Part III, and Annex 11, Part II interpret certain provisions of this Convention and its Annexes. They also describe certain recommended practices.
            
            
               3.New Article 58 quarter
            
            
               A Technical Implementation Body shall be established. Its composition, functions and rules of procedure are set out in Annex 11.
            
            
               4.Article 59 
            
            
               1.
                     This Convention, including its Annexes, may be amended upon the proposal of a Contracting Party by the procedure specified in this Article.
            
            
               2.
                     Except as provided for under Articles 60 bis, any proposed amendment to this Convention shall be considered by the Administrative Committee composed of all the Contracting Parties in accordance with the rules of procedure set out in Annex 8. Any such amendment considered or prepared during the meeting of the Administrative Committee and adopted by it by a two-thirds majority of the members present and voting shall be communicated by the Secretary-General of the United Nations to the Contracting Parties for their acceptance.
            
            
               3.
                     Except as provided for under Articles 60 and 60 bis, any proposed amendment communicated in accordance with the preceding paragraph shall come into force with respect to all Contracting Parties three months after the expiry of a period of twelve months following the date of communication of the proposed amendment during which period no objection to the proposed amendment has been communicated to the Secretary-General of the United Nations by a State which is a Contracting Party.
            
            
               4.
                     If an objection to the proposed amendment has been communicated in accordance with paragraph 3 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect whatsoever.
            
            
               5.New Article 60 bis 
            
            
               Special procedure for the entry into force of Annex 11 and amendments thereto
            
         
         
            
               1.
                     Annex 11, considered in accordance with paragraphs 1 and 2 of Article 59 shall come into force with respect to all Contracting Parties three months after the expiry of a period of twelve months following the date of communication by the Secretary-General of the United Nations to the Contracting Parties, except for those Contracting Parties that have notified the Secretary-General in writing, within the aforementioned period of three months of their non-acceptance of Annex 11. Annex 11 shall enter into force for Contracting Parties which withdraw their notification of non-acceptance six months after the date on which withdrawal of such notification has been received by the depositary.
            
            
               2.
                     Any proposed amendment to Annex 11 shall be considered by the Administrative Committee. Such amendments shall be adopted by a majority of the Contracting Parties bound by Annex 11 present and voting.
            
            
               3.
                     Amendments to Annex 11 considered and adopted in accordance with paragraph 2 of this Article shall be communicated by the Secretary-General of the United Nations to all Contracting Parties for information or, for those Contracting Parties bound by Annex 11, acceptance. 
            
            
               4.
                     The date of entry into force of such amendments shall be determined at the time of their adoption, by a majority of the Contracting Parties bound by Annex 11 present and voting. 
            
            
               5.
                     Amendments shall enter into force in accordance with paragraph 4 of this Article unless by a prior date determined at the time of adoption, one-fifth or five of the States which are Contracting Parties bound by Annex 11, whichever number is less, notify the Secretary-General of their objection to the amendments.
            
            
               6.
                     On entry into force, any amendment adopted in accordance with the procedures set out in paragraphs 2 to 5 of this Article shall for all Contracting Parties bound by Annex 11 replace and supersede any previous provisions to which the amendment refers.
            
            
               6.Article 61
            
            
                  The Secretary-General of the United Nations shall inform all Contracting Parties and all States referred to in Article 52, paragraph 1 of this Convention of any request, communication, or objection under Articles 59, 60 and 60 bis above and of the date on which any amendment enters into force.
            
            
               7.Annex 9, Part I, paragraph 3, new subparagraph (xi)
            
            
               (xi)
                     confirm, in case of a fallback procedure described in Article 10, paragraph 2 of Annex 11, for Contracting Parties bound by Annex 11, upon request of the competent authorities, that the guarantee is valid, that a TIR transport is carried out under the eTIR procedure and provide other information relevant to the TIR transport.
            
            
               B.Annex 11 – The eTIR procedure
            
            
               1.Part I
            
            
               
               Article 1
                  Scope of application
            
            
               1.
                     The provisions in this Annex govern the implementation of the eTIR procedure as defined in Article 1, paragraph (s) of the Convention and shall apply in the relations between Contracting Parties bound by this Annex, as provided for in Article 60 bis, paragraph 1.
            
            
               2.  The eTIR procedure cannot be used for transports taking place in part in the territory of a Contracting Party, that is not bound by Annex 11 and that is a member State of a customs or economic union with a single customs territory.
            
            
               
               Article 2 
                  Definitions
            
            
               For the purposes of this Annex:
            
            
               (a)
                     The term “eTIR international system” shall mean the Information and Communication Technology (ICT) system devised to enable the exchange of electronic information between the actors involved in the eTIR procedure.
            
            
               (b)
                     The term “eTIR specifications” shall mean the conceptual, functional and technical specifications of the eTIR procedure adopted and amended in accordance with the provisions of Article 5 of this Annex.
            
            
               (c)
                     The term "advance TIR data" shall mean the data submitted to the competent authorities of the country of departure, in accordance with the eTIR specifications, of the intention of the holder to place goods under the eTIR procedure.
            
         
         
            
               (d)
                     The term "advance amendment data" shall mean the data submitted to the competent authorities of the country in which an amendment to the declaration data is requested, in accordance with the eTIR specifications, of the intention of the holder to amend the declaration data.
            
            
               (e)
                     The term “declaration data” shall mean the advance TIR data and the advance amendment data which have been accepted by the competent authorities.
            
            
               (f)
                     The term “declaration” shall mean the act whereby the holder, or his or her representative, indicates, in accordance with the eTIR specifications, the intent to place goods under the eTIR procedure. From the moment of acceptance of the declaration by the competent authorities, based on the advance TIR data or the advance amendment data, and the transfer of the declaration data to the eTIR international system it shall constitute the legal equivalent of an accepted TIR Carnet.
            
            
               (g)
                     The term “accompanying document” shall mean the printed document electronically generated by the customs system, after the acceptance of the declaration, in line with the guidelines contained in the eTIR technical specifications. The accompanying document can be used to record incidents en route and replaces the certified report pursuant to Article 25 of this Convention and for the fallback procedure.
            
            
               (h)
                     The term “authentication” shall mean an electronic process that enables the electronic identification of a natural or legal person, or the origin and integrity of data in electronic form to be confirmed.
            
            
               Explanatory Notes to Article 2 (h)
            
            
               11.2 (h)-1
                     Until a harmonized approach has been established and described in the eTIR specifications, Contracting Parties bound by Annex 11 may authenticate the holder with any process provided for in their national law, including, but not limited to, user name/password or electronic signatures.
            
            
               11.2. (h)-2
                     The integrity of the data exchanged between the eTIR international system and the competent authorities as well as the authentication of the Information and Communication Technology (ICT) systems will be ensured by means of secure connections, as defined in the eTIR technical specifications.
            
            
               
               Article 3
                  Implementation of the eTIR procedure
            
            
               1.
                     Contracting Parties bound by Annex 11 shall connect their customs systems to the eTIR international system in line with the eTIR specifications.
            
            
               2.
                     Each Contracting Party is free to establish by which date it connects its customs systems to the eTIR international system. The date of connection shall be communicated to all other Contracting Parties bound by Annex 11 at least six months prior to the effective date of connection.
            
            
               Explanatory Note to Article 3, paragraph 2
            
            
               11.3.2
                     
                     Contracting Parties bound by Annex 11 are recommended to have their national customs system updated and its connection with the eTIR international system ensured as soon as Annex 11 enters into force for them. Customs or economic unions may decide on a later date, allowing them time to connect the national customs systems of all their member States to the eTIR international system.
            
            
               
               Article 4
                  Composition, functions and rules of procedure of the Technical Implementation Body
            
            
               1.
                     The Contracting Parties bound by Annex 11 shall be members of the Technical Implementation Body. Its sessions shall be convened at regular intervals or at the request of the Administrative Committee, as required for the maintenance of the eTIR specifications. The Administrative Committee shall be regularly informed of the activities and considerations of the Technical Implementation Body.
            
            
               2.
                     Contracting Parties which have not accepted Annex 11 as provided for in Article 60 bis, paragraph 1 and representatives of international organizations may attend sessions of the Technical Implementation Body as observers.
            
            
               3.
                     The Technical Implementation Body shall monitor the technical and functional aspects of implementing the eTIR procedure, as well as coordinate and foster the exchange of information on matters falling within its competence.
            
            
               4.
                     The Technical Implementation Body shall, at its first session, adopt its rules of procedure and submit them to the Administrative Committee for endorsement by the Contracting Parties bound by Annex 11.
            
            
               
               Article 5 
                  Adoption and amendment procedures for the eTIR specifications
            
            
               The Technical Implementation Body shall:
            
         
         
            
               (a)
                     adopt the technical specifications of the eTIR procedure, and amendments thereto, to ensure their alignment with the functional specifications of the eTIR procedure. At the time of adoption, it shall decide on the appropriate transitional period for their implementation.
            
            
               (b)
                     prepare the functional specifications of the eTIR procedure, and amendments thereto, to ensure their alignment with the conceptual specifications of the eTIR procedure. They shall be transmitted to the Administrative Committee for adoption by a majority of Contracting Parties bound by Annex 11 present and voting as well as implemented and, when required, developed into technical specifications at a date to be determined at the time of adoption.
            
            
               (c)
                     consider amendments to the conceptual specifications of the eTIR procedure if so requested by the Administrative Committee. The conceptual specifications of the eTIR procedure, and amendments thereto, shall be adopted by a majority of Contracting Parties bound by Annex 11 present and voting as well as implemented and, when required, developed into functional specification at a date to be determined at the time of adoption.
            
            
               
               Article 6
                  Submission of advance TIR data and advance amendment data
            
            
               1. 
                     Advance TIR data and advance amendment data shall be submitted by the holder, or his or her representative, to the competent authorities of the country of departure and of the country in which an amendment to the declaration data is requested. Once the declaration, or the amendment, has been accepted in line with national law, the competent authorities shall forward the declaration data, or the amendment thereto, to the eTIR international system. 
            
            
               2.
                     Advance TIR data and advance amendment data mentioned in paragraph 1 may be submitted either directly to the competent authorities or via the eTIR international system.
            
            
               3.
                     Contracting Parties bound by Annex 11 shall accept the submission of advance TIR data and advance amendment data via the eTIR international system. 
            
            
               Explanatory Note to Article 6, paragraph 3
            
            
               11.6.3
                     
                     Contracting Parties bound by Annex 11 are recommended to recognize, in as far as possible, the submission of advance TIR data and advance amendment data by the methods indicated in the functional and technical specifications.
            
            
               4.
                     The competent authorities shall publish the list of all electronic means by which advance TIR data and advance amendment data can be submitted. 
            
            
               
               Article 7
                  Authentication of the holder
            
            
               1.
                     While accepting the declaration in the country of departure or an amendment to the declaration data in any country along the itinerary, competent authorities shall authenticate the advance TIR data, or the advance amendment data, and the holder, in accordance with national law.
            
            
               2.
                     Contracting Parties bound by Annex 11 shall accept the authentication of the holder performed by the eTIR international system.
            
            
               Explanatory Note to Article 7, paragraph 2
            
            
               11.7.2
                     
                     The eTIR international system ensures, by means described in the eTIR specifications, the integrity of the advance TIR data, or the advance amendment data, and that the data were sent by the holder.
            
            
               3.
                     The competent authorities shall publish a list of authentication mechanisms other than that specified in paragraph 2 of the present Article that may be used for authentication.
            
            
               4.
                     Contracting Parties bound by Annex 11 shall accept the declaration data received from the competent authorities of the country of departure and of the country in which an amendment to the declaration data is requested via the eTIR international system as the legal equivalent to an accepted TIR Carnet.
            
            
               Explanatory Note to Article 7, paragraph 4
            
            
               11.7.4
                     
                     The eTIR international system ensures, by means described in the eTIR specifications, the integrity of the declaration data and that the data were sent by the competent authorities of the countries involved in the transport.
            
            
               
               Article 8
                  Mutual recognition of the authentication of the holder
            
         
         
            
               The authentication of the holder performed by the competent authorities of the Contracting Parties bound by Annex 11 which accept the declaration, or changes to the declaration data, shall be recognized by the competent authorities of all subsequent Contracting Parties bound by Annex 11 throughout the TIR transport.
            
            
               Explanatory Note to Article 8
            
            
               11.8
                     
                     The eTIR international system ensures, by means described in the eTIR specifications, the integrity of the declaration data, including the reference to the holder, authenticated by the competent authorities that accept the declaration, received from and transmitted to competent authorities.
            
            
               
               Article 9
                  Additional data requirements
            
            
               1.
                     In addition to the data specified in the functional and technical specifications, competent authorities may request additional data stipulated by national legislation.
            
            
               2.
                     Competent authorities should, to the extent possible, limit data requirements to those contained in the functional and technical specifications and endeavour to facilitate the submission of additional data so as not to impede TIR transports carried out in accordance with this Annex.
            
            
               
               Article 10
                  Fallback procedure
            
            
               1.
                     Where the eTIR procedure cannot be started for technical reasons at the customs office of departure, the TIR Carnet holder may revert to the TIR procedure.
            
            
               2.
                     Where an eTIR procedure has started but its continuation is impeded for technical reasons, the competent authorities shall accept the accompanying document and process it in line with the procedure described in the eTIR specifications, subject to the availability of additional information from alternative electronic systems as described in the functional and technical specifications.
            
            
               3.
                     The competent authorities of Contracting Parties are also entitled to request national guaranteeing associations to confirm that the guarantee is valid, that a TIR transport is carried out under the eTIR procedure and provide other information relevant to the TIR transport.
            
            
               4.
                     The procedure described in paragraph 3 shall be established in the agreement between the competent authorities and the national guaranteeing association, as stipulated by Annex 9, Part I, paragraph 1 (d).
            
            
               
               Article 11
                  Hosting of the eTIR international system
            
            
               1.
                     The eTIR international system shall be hosted and administered under the auspices of the United Nations Economic Commission for Europe (ECE). 
            
            
               2.
                     ECE shall assist countries in connecting their customs systems to the eTIR international system, including by means of conformance tests to ensure their proper functioning prior to the operational connection. 
            
            
               3.
                     The necessary resources shall be made available to ECE to fulfil the obligations set forth in paragraphs 1 and 2 of this Article. Unless the eTIR international system is financed by resources from the United Nations regular budget, the required resources shall be subject to the financial rules and regulations for extrabudgetary funds and projects of the United Nations. The financing mechanism for the operation of the eTIR international system at ECE shall be decided on and approved by the Administrative Committee.
            
            
               Explanatory Note to Article 11, paragraph 3
            
            
               11.11.3
                     If necessary, Contracting Parties may decide to finance the operational costs of the eTIR international system through an amount per TIR transport. In such cases, Contracting Parties shall decide on the appropriate time to introduce alternative financing mechanisms and on their modalities. The required budget shall be prepared by ECE, reviewed by the Technical Implementation Body and approved by the Administrative Committee.
            
            
               
               Article 12
                  Administration of the eTIR international system
            
            
               1.
                     ECE shall make the appropriate arrangements for the storage and archiving of the data in the eTIR international system for a minimum period of 10 years.
            
            
               2.
                     All data stored in the eTIR international system may be used by ECE on behalf of the competent bodies of this Convention for the purpose of extracting aggregated statistics.
            
         
         
            
               3.
                     The competent authorities of Contracting Parties in whose territory a TIR transport is carried out under the eTIR procedure which becomes the subject of administrative or legal proceedings concerning the payment obligation of the person or persons directly liable or of the national guaranteeing association, may request ECE and obtain information stored in the eTIR international system pertaining to the claim in dispute for verification purposes. This information may be produced as evidence in national administrative or legal proceedings.
            
            
               4.
                     In cases other than those specified in this Article, the dissemination or disclosure of information stored in the eTIR international system to non-authorized persons or entities shall be prohibited.
            
            
               
               Article 13
                  Publication of the customs offices capable of handling eTIR
            
            
                  The competent authorities shall ensure that the list of customs offices of departure, customs offices en route and customs offices of destination approved for accomplishing TIR operations under the eTIR procedure, is at all times accurate and updated in the electronic database for approved customs offices, developed and maintained by the TIR Executive Board.
            
            
               
               Article 14
                  Legal requirements for data submission under Annex 10 of the TIR Convention
            
            
               The legal requirements for data submission, as set out in Annex 10, paragraph 1, 3 and 4 of this Convention, are deemed to be fulfilled by implementing the eTIR procedure.
            
            
         
         
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 17.12.2019
            COM(2019) 636 final
            2019/0279(NLE)
            eTIR Package
            Proposal for a
            COUNCIL DECISION 
            on the position to be taken on behalf of the European Union within the Administrative Committee for the Customs Convention on the International Transport of goods under cover of TIR carnets as regards the proposal to amend the Convention
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.Subject matter of the proposal
            
            
               This proposal concerns the Decision establishing the position to be taken on the Union's behalf in the Administrative Committee established by the Customs Convention on the International Transport of goods under cover of TIR
                  1
                carnets (“the TIR Convention”) in connection with the envisaged adoption of amendments concerning the introduction of the legal basis for the electronic TIR (eTIR) procedure.
            
            
               2.Context of the proposal
            
            
               2.1.The Customs Convention on the International Transport of goods under cover of TIR carnets
            
            
               The Customs Convention on the International Transport of goods under cover of TIR carnets of 14 November 1975 (“the TIR Convention”) aims to facilitate the international carriage of goods from customs offices of departure to customs offices of destination and through as many countries as necessary. 
            
            
               The TIR Convention entered into force in 1978. As of January 2019, there are 76 parties to the Convention, including 75 states and the European Union. The European Union is a party to the TIR Convention
                  2
                since 20 June 1983. All Member States are also parties to the TIR Convention.
            
            
               2.2.The Administrative Committee
            
            
               The Administrative Committee acts within the framework of the TIR Convention. Its role is to consider and adopt amendments to the TIR Convention. Proposals are put to the vote and each State, which is a party and is represented at a session of the Administrative Committee, has one vote. The Union has exclusive competence in the area of customs governed by the TIR Convention. However, the Union, as an international organisation, does not have voting rights; the EU Member States are contracting parties with voting rights.
            
            
               Amendments to the TIR Convention are adopted by a two-thirds majority of parties present and voting. A quorum consisting of not less than one third of the States which are parties is required to take a decision. 
            
            
               2.3.The envisaged act of the administrative committee
            
            
               At the February session 2020, the Administrative Committee is likely to take a decision on the adoption of the proposed amendments to the TIR Convention (‘the envisaged act’).
            
            
               The purpose of the envisaged act is to provide the necessary legal basis for the eTIR procedure. This legal basis will be constituted by a new Annex 11 to the TIR Convention and several related amendments to the body and Annex 9 of the Convention.
            
            
               The envisaged act will become binding on the parties in accordance with article 59 of the TIR Convention which provides: “Except as provided for under Article 60, any proposed amendment communicated in accordance with the preceding paragraph shall come into force with respect to all Contracting Parties three months after the expiry of a period of twelve months following the date of communication of the proposed amendment during which period no objection to the proposed amendment has been communicated to the Secretary-General of the united Nations by a State which is a Contracting Party. If an objection to the proposed amendment has been communicated in accordance with paragraph 3 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect whatsoever.”
            
            
               3.Position to be taken on the Union's behalf
            
            
               3.1 Description of the proposed amendments to the TIR Convention
            
            
               As the TIR Convention falls under the Union’s exclusive competence, the Union must adopt a common position for all its Members States which are Contracting Parties to the TIR Convention on its proposed amendments. The decision to be taken is whether or not to be bound by the new proposed Annex 11 which is aimed at providing the legal basis for the possibility to use an electronic TIR procedure instead of the paper TIR Carnet. It must, however be noted that, even if the Union decided to be bound by the new proposed Annex 11, the Union and its Members States would still have the flexibility to decide when to connect their IT systems to the eTIR system hosted by the United Nations.
            
            
               Below is a detailed explanation of the content of the new proposed Annex 11 as well as of the proposed changes to the body of the TIR Convention which are a consequence of the introduction of the new proposed Annex 11.
            
            
               Articles of the Convention related to Annex 11
            
         
         
            
               The new Annex 11 cannot be implemented without amending the body and Annex 9 of the TIR Convention. 
            
            
               The proposal for a new paragraph (s) to Article 1 to the TIR Convention was elaborated to give a definition of the “eTIR procedure” which is a TIR procedure, implemented by means of electronic exchange of data, which provides the functional equivalent to the TIR Carnet. This Article also stipulates that the “eTIR procedure” is legally defined in the new Annex 11 of the TIR Convention. 
            
            
               The proposal for an amendment of paragraph b) to Article 3 to the TIR Convention is needed to specify that the TIR transport carried out by the eTIR procedure must be guaranteed by authorized association. 
            
            
               The proposal for an amendment to Article 43 to the TIR Convention aims to take into account the new Explanatory note in Annex 11, Part II, which interprets certain provision of the Convention and its Annexes. This amendment can be considered as of an editorial nature.
            
            
               The proposal for a new Article 58 quarter to the TIR Convention was elaborated to establish the Technical Implementation Body. This body will be in charge of the adoption and amendment of the technical eTIR specifications in line with the conceptual and functional specifications adopted by the Administrative Committee. 
            
            
               The proposal for an amendment to Article 59, a new Article 60 bis and an amendment of Article 61 to the TIR Convention contains the procedure for the entry into force of Annex 11 and future amendments. Annex 11 will enter into force with respect to all Contracting Parties except for those that will notify their non-acceptance to the Secretary-General of the United Nations. Therefore, this will lead to a situation where some Contracting Parties to the TIR Convention will be bound by this new Annex and others will not. 
            
            
               The proposal for a new subparagraph (xi) to paragraph 3 of Part I of Annex 9 creates a new duty for authorized associations in case of a fallback situation during an eTIR procedure. Upon request of the competent authorities, associations will have to confirm that the transport is carried out under the eTIR procedure, that the guaranty is valid and provide any other relevant information related to the TIR transport. 
            
            
               New Annex 11
            
            
               The first part of Annex 11 is composed of fourteen Articles which describe the functioning of the future eTIR procedure in detail. 
            
            
               Article 1 underlines that provisions of this Annex should only apply to Contracting Parties bound by Annex 11 as provided in the new Article 60 bis paragraph 1 of the TIR Convention and that the eTIR procedure cannot be used for transports taking place in part in the territory of a Contracting Party that is not bound by Annex 11 and is a member State of a customs or economic union with a single customs territory. 
            
            
               Article 2 provides for the necessary definitions in order to correctly describe the new eTIR system. In this article, the definition of the following terms are provided: “eTIR international system”, “eTIR specifications”, “advance TIR data”, “advance amendment data”, “declaration data”, “declaration”, “accompanying document” and “authentication”. 
            
            
               The Explanatory Notes to Article 2, paragraph (h) underlines that until a harmonized approach has been established and described in the eTIR specifications, Contracting Parties will have a certain flexibility to authenticate the holder of the eTIR procedure in line with their national law. They also state that the security of data exchanged between the eTIR international system and the competent authorities will be ensured as defined in the eTIR technical specifications. 
            
            
               Article 3 deals with the concrete implementation of the eTIR system which requires that Contracting Parties connect their IT systems to the eTIR International system. However, this article, in line with the formulation proposed by the Union, gives to the Contracting Parties bound by Annex 11 the flexibility to establish by which date their customs systems would be connected to the eTIR international system. This point is crucial for the Union because it will have an impact on the Customs IT systems of all Members States and on the central components hosted by the European Commission (and the EU’s common system specifications). As a consequence, even if the Union and its Members States were bound by Annex 11 and had a say in its futures amendments, they would be free to choose when to connect their systems to the new eTIR international system. 
            
            
               The Explanatory Note to Article 3, paragraph 2 recommends to the Contracting Parties bound by Annex 11 to have their national customs systems updated and their connections with the eTIR international system ensured as soon as Annex 11 enters into force. However, in line with the request made by the Union, it leaves to customs or economic unions the flexibility to decide on a later date, allowing them time to connect the national customs systems of all their member States to the eTIR international system. 
            
            
               Article 4 establishes the composition, functions and provisions for the rules of procedure of the new Technical Implementation Body established by the new Article 58 quater of the TIR Convention. It is important to underline that only the Contracting Parties bound by the Annex 11 will be members of this body. Contracting Parties which have not accepted Annex 11 may only attend sessions of the Technical Implementation Body as observers. 
            
            
               Article 5 explains how the new Technical Implementation Body will prepare for the adoption and amendment of the conceptual and functional specification of the eTIR international system by the Administrative Committee. This article also specifies how the Technical Implementation Body prepares and adopts or amends the technical specification of the eTIR procedure in line with the conceptual and functional specifications. 
            
            
               Article 6 describes the submission of advance TIR data. These data will be submitted by operators in advance by electronic means. The competent authorities will have to publish the list of all electronic means by which advance TIR data and amendment data can be submitted. This article should be read in connection with the draft Article 9 of Annex 11 which describes how additional data requirements, imposed by legislation, could be added to the advance TIR data. This article furthermore stipulates that Contracting Parties should facilitate the submission of such additional data together with advance TIR data. 
            
            
               The Explanatory Note to Article 6, paragraph 3 recommends to the Contracting Party bound by Annex 11 to recognize the methods indicated in the eTIR specifications to submit advance TIR data. 
            
            
               Article 7 defines the necessary mechanisms to authenticate the holder, or its representative, who submits advance TIR data to the competent authorities. It is important to underlines that Contracting Parties bound by Annex 11 will have to accept the declaration data received from the competent authorities of the country of departure and of the country in which an amendment to the declaration data is requested via the eTIR international system. 
            
            
               The Explanatory Note to Article 7, paragraph 2 ensures that the eTIR international system is able to confirm the integrity of the advance TIR data or advance amendment sent by the holder. 
            
         
         
            
               The Explanatory Note to Article 7, paragraph 4 ensures that the eTIR international system is able to confirm the integrity of the declaration data sent by the competent authorities. 
            
            
               Article 8 recalls a fundamental principal to the TIR Convention which is the mutual recognition of the authentication of the holder performed by the competent authorities of the Contracting Parties bound by Annex 11. 
            
            
               The Explanatory Note to Article 8 ensures that the eTIR international system is able to confirm the integrity of the reference to the holder received from the competent authorities that accepted the declaration. 
            
            
               Article 10 introduces a fallback procedure in the event that an eTIR procedure is impeded for technical reasons and recalls the duties of national guaranteeing associations in that situation. 
            
            
               Article 11 and Article 12 describe how the eTIR international system will be hosted, financed and administrated. Since the beginning of the discussion on this issue, the Union has been in favour of the proposed solution of having an eTIR system hosted and administrated directly under the auspices of the United Nations Economic Commission for Europe so as to ensure the independence of the eTIR International system from the international organisation (currently the IRU). 
            
            
               The Explanatory Note to Article 11, paragraph 3 clarifies the rules to finance the operational costs of the eTIR international system in case the cost are to be covered through an amount per TIR transport. In this case, the Contracting Parties have the responsibility to decide on the appropriate financing mechanisms and on their modalities. The budget will be approved by the Administrative Committee.
            
            
               Article 13 establishes the rules concerning the publication of the customs offices capable of handling eTIR operations. The competent authorities shall ensure that the list of customs offices for accomplishing TIR operations under the eTIR procedure is accurate and updated in the electronic database for approved customs offices developed and maintained by the TIR Executive Board. 
            
            
               Article 14 specifies that data submission to end TIR operation is deemed to be fulfilled by the application of the eTIR procedure. 
            
            
               3.2 Proposed position
            
            
               The Union shares the objective of the new proposed Annex 11 of the TIR Convention: after more than fifteen years of preparatory works, time has come to make a step towards an electronic TIR environment. This is fully in line with the EU policy and legislation on electronic customs which is based on the shift by customs to a paperless and fully electronic and interoperable environment with core values of simplicity, service and speed.
            
            
               Consultations on the proposed amendments were carried out with the Members States within the Customs Expert Groups for TIR (Geneva coordination). Further consultations took place during sessions of the Working Party on Customs Questions Affecting Transport of the United Nations Economic Commission for Europe (UNECE). The European Commission on behalf of the Union and number of its Member States have also participated in expert groups under the auspices of UNECE which were set up to draft both legal and technical provisions for eTIR.
            
            
               Internal coordination as well as the joint discussions with Member States clearly showed that there is wide support for to the proposed new Annex 11.
            
            
               It is therefore proposed that the Union supports the adoption of the amendments concerning the introduction of the legal basis for the electronic TIR (eTIR) procedure.
            
            
               4.4. Legal basis
            
            
               4.1.Procedural legal basis
            
            
               4.1.1.Principles
            
            
               Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
            
            
               Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a party to the agreement
                  3
               .
            
            
               The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’
                  4
               .
            
            
               4.1.2.Application to the present case
            
         
         
            
               The Administrative Committee is a body set up by an agreement, namely the Customs Convention on the International Transport of goods under cover of TIR carnets.
            
            
               The act which the Administrative Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 59 and 60 of the Customs Convention on the International Transport of goods under cover of TIR carnets. 
            
            
               The procedural legal basis for the proposed decision is Article 218(9) TFEU.
            
            
               4.2.Substantive legal basis
            
            
               4.2.1.Principles
            
            
               The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
            
            
               4.2.2.Application to the present case
            
            
               The main objective and content of the envisaged act relate to customs.
            
            
               The substantive legal basis of the proposed decision, therefore, is Article 207 TFEU.
            
            
               4.3.Conclusion
            
            
               The legal basis of the proposed decision should be Article 207 in conjunction with Article 218(9) TFEU.
            
            
               5.Publication of the envisaged act
            
            
               As the act of the Administrative Committee will amend the Customs Convention on the International Transport of goods under cover of TIR carnets and its annexes, it is appropriate to publish it in the Official Journal of the European Union after its adoption.
            
            
               2019/0279 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the position to be taken on behalf of the European Union within the Administrative Committee for the Customs Convention on the International Transport of goods under cover of TIR carnets as regards the proposal to amend the Convention
            
            
               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 Article 218(9) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
         
         
            
               Whereas:
            
            
               (1)The Customs Convention on the International Transport of goods under cover of TIR carnets of 14 November 1975 (‘the TIR Convention’) was concluded by the Union by Council Regulation (EEC) No 2112/78
                  5
                and entered into force in the Community on 20 June 1983
                  6
               .
            
            
               (2)Pursuant to Article 59 of the TIR Convention, the Administrative Committee may adopt amendments by a two-thirds majority of Contracting Parties present and voting.
            
            
               (3)The Administrative Committee, during a session in February 2020, is to adopt a new Annex 11 and related amendments to the TIR Convention.
            
            
               (4)It is appropriate to establish the position to be taken on the Union's behalf in the Administrative Committee, as the amendments to the TIR Convention will be binding on the Union.
            
            
               (5)The Union support the new Annex 11 to the TIR Convention and the necessary amendments to the body of the TIR Convention as it follows the policy set out by Regulation (EU) No 952/2013 of the European Parliament and of the Council
                  7
                according to which in principle all communications with customs authorities is to be electronic. 
            
            
               (6)A new paragraph (s) of Article 1 of the TIR Convention is to define the “eTIR procedure” applicable to electronic exchange of data between the customs authorities. 
            
            
               (7)A new Article 58 of the TIR Convention is to establish a technical implementation body which is to adopt the technical specification of the eTIR International system. 
            
            
               (8)A new Article 60 bis is to lay down the special procedure for the entry into force of the new Annex 11 to the TIR Convention and its future amendments.
            
            
               (9)Amendments to Articles 43, 59 and 61 make adaptations necessary for the introduction of the new Annex 11. 
            
            
               (10)The new Annex 11 to the TIR Convention is to enable the Contracting Parties bound by it to use eTIR operations. It is to enable the Union and its Member States to choose in a flexible way at what point in time to connect their systems to eTIR International system.
            
            
               (11)The position to be adopted on behalf of the Union within the Administrative Committee should therefore be based on the draft amendments attached to this Decision, 
            
            
               HAS ADOPTED THIS DECISION:
            
            
               Article 1
            
            
               The position to be taken on the Union's behalf in the seventy-second or subsequent session of the Administrative Committee shall be based on the draft amendments attached to this Decision.
            
            
               Article 2
            
            
               The position referred to in Article 1 shall be expressed by the Member States of the Union that are members of the Administrative Committee, acting jointly. 
            
            
               Article 3
            
            
               Further changes to the draft amendment of Article 1 of this decision may be agreed by the representative of the Union in the Administrative Committee, if the negociations so require. 
            
            
               Article 4
            
         
         
            
               This decision shall enter into force on the date of its adoption.
            
            
            
               This Decision is addressed to the Member States.
            
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  
                        TIR stands for "Transports Internationaux Routiers" or "International Road Transports".
               
               
                  
                     (2)
                  
                        Council Regulation (EEC) No 2112/78 of 25 July 1978 concerning the conclusion of the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975 at Geneva OJ L 252/1.
               
               
                  
                     (3)
                  
                        Judgment of the Court of Justice of 7 October 2014, Germany v Council, Case C-399/12, ECLI:EU:C:2014:2258, paragraph 64. 
               
               
                  
                     (4)
                  
                        Judgment of the Court of Justice of 7 October 2014, Germany v Council, Case C-399/12, ECLI:EU:C:2014:2258, paragraphs 61to 64. 
               
               
                  
                     (5)
                  
                        Council Regulation (EEC) No 2112/78 of 25 July 1978 concerning the conclusion of the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975 at Geneva (OJ L 252, 14.9.1978, p. 1).
               
               
                  
                     (6)
                  
                        OJ L 31, 2.2.1983, p. 13.
               
               
                  
                     (7)
                  
                        Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).