CELEX: 52014PC0491
Language: en
Date: 2014-07-24
Title: 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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		52014PC0491
		
			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) /* COM/2014/0491 final - 2014/0225 (NLE) */
			
				
		
		
			
			   	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 European
Union on 20 June 1983.
The purpose of the proposed Decision is for
the European Union to adopt the latest amendments to the TIR Convention agreed
by the United Nations Economic Commission for Europe (UNECE) Working Party on
Customs Questions Affecting Transport and further adopted by the Administrative
Committee for the TIR Convention, subject to completion of the EU's internal
procedures.
On 6 February 2014 the Administrative
Committee for the TIR Convention adopted at its 57th session in Geneva proposals of amendments to Annex 1 and Annex 6 to the text of the Convention. On 12
June 2014 the Administrative Committee for the TIR Convention adopted at its 58th
session in Geneva a proposal of an amendment to Annex 9 to the text of the
Convention. The proposals will be transmitted to the UN Secretary-General, in
accordance with the provisions of Article 59 (1) and (2) and Article 60 of the
Convention and shall enter into force on 1 January 2015, unless, by 1 October
2014, at least five Contracting Parties notify the UN Secretary-General their
objections to the amendments.
1.2.        General context
The TIR Convention, which is administered
by the UNECE, 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 and the Administrative Committee for the TIR
Convention agreed that some modifications of the TIR Convention are necessary.
These modifications concern:
·                        
the amendment of Annex 1, Model of the TIR
Carnet:VERSION 2, point 5 and Annex 6, Explanatory Note to Article 8, paragraph
3, point 5 as a result of the amendments to the International Convention on the
Harmonised Commodity Description and Coding system (HS Convention), in
particular a creation of a separate subheading in heading 24.03 for water pipe
tobacco 
·                        
the amendment of Annex 6 introducing two new
Explanatory Notes to Annex 9, Part II, paragraphs 4 and 5 regarding the
transmission of the data on authorised TIR operators using the International
TIR Data Bank (ITDB) online+ application
·                        
the amendment of Annex 6 introducing a new
Explanatory Note to Article 38 paragraph 2 regarding transmission of data on
exclusions to TIR Executive Board (TIRExB) using the ITDB online+ application 
·                        
the amendment of Annex 6 introducing two new
Explanatory Notes to Annex 8, Article 9, paragraph 1 and 2 concerning the
representation and the election of a TIRExB replacement member
·                        
the amendment of Annex 9, Part I, paragraph 3
(vi) by replacing the existing wording on the deadline of 1 March by an
improved text. 
1.3.        Existing provisions in the
area of the proposal
There are no existing provisions in the
area of the proposal.
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.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
2.1.        Consultation of interested
parties
Consultation methods, main sectors
targeted and general profile of respondents
Consultations with approval on the proposals
were carried out with the Member States within the Customs Legislation
Committee (Co-ordination Geneva) meetings. Consultations took place during sessions
of the UNECE 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.
2.2.        Collection and use of
expertise
There was no need for external expertise.
2.3.        Impact assessment
The proposed amendment to HS code 24.03.10
is caused by the amendments to the codes of the Harmonised system and does not
alter the original product coverage. It leads to an alignment of the provisions
in the transit area.
The amendments introducing the possibility
to transmit legaly required data on authorised TIR operators and data on
exclusions using the ITDB online+ application instead of sending these data in
any other form (on paper or by email) introduce a facilitation tool for customs
authorities using the ITDB online+ application. This web application, managed
by the UNECE TIR Secretariat, facilitates the management of the national TIR
Carnet holder's data. The transmission of data into ITDB using electronic means
could become mandatory at some point in the future. 
The amendments in the procedure regarding
the by-election and representation of the TIRExB clarify the situation after a
resignation of the TIRExB member and outline the profesional requirements for
the prospective TIRExB members.  
All the proposed amendments to Annex 6 do
not change the substance of the TIR Convention as according to Article 43 of
the TIR Convention the explanatory notes interpret certain provisions of the
TIR Convention and its Annexes and describe certain recommended practices.  
The amendment on the wording on the
deadline in Annex 9, Part I, paragraph 3 (vi) will ensure proper understanding
of the current obligation for the national association to provide the TIRExB
annually with the prices of each type of TIR carnet it issues.
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 European 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).
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 European Union's legal
order by way of a Decision.
4.           BUDGETARY IMPLICATION 
The proposal has no implication for the European
Union budget.
2014/0225 (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 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 (TIR
Convention) of 14 November 1975 was approved on behalf of the European Economic
 Community by Council Regulation (EEC) No 2112/78 of 25 July 1978[1]and entered into force in the European Union on 20 June 1983[2].
(2)       A consolidated version of
the TIR Convention was published as Annex to Council Decision 2009/477/EC of 28
May 2009[3],
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.
(3)       Various amendments to the
International Convention on the Harmonised Commodity Description and Coding
system (HS Convention) have been agreed. These amendments entered into force
for all Contracting Parties to the HS Convention on 1 January 2012. The
amendments make it necessary to amend the Model of the TIR Carnet and a
reference in the Explanatory note. 
(4)       As a consequence of the
introduction of ITDB online+, an international repository of information
concerning all persons authorised by Contracting Parties to use the TIR procedure,
the Administrative Committee for the TIR Convention agreed that using ITDB
online+ to transmit to ITDB the legally required data on authorized TIR
operators makes submission of such data in any other form, for example, on
paper or by e-mail, redundant. To clarify this principle in the text of the
Convention, the Committee advocated the introduction of two new Explanatory
Notes. A similar Explanatory Note is proposed regarding transmission of data on
exclusions to TIR Executive Board (TIRExB). 
(5)       Following the discussion
of the TIRExB on the professional requirements for the nomination of TIRExB
members and on the intermediate election of replacement TIRExB members, including
considerations how to amend the existing Rules of Procedures, the TIRExB transmitted
to the Administrative Committee for the TIR Convention proposals for two new
Explanatory Notes. The first proposed Explanatory Note aims to address the profesional
requirements of prospective TIRExB members, in order to signal to Contracting
Parties how to best proceed when nominating a candidate. The second new
Explanatory Note recommends the practice to follow in case a member of the
TIRExB resigns or is unable to complete his/her mandated term of office. It
also gives the Administrative Committee for the TIR Convention an opportunity
to decide whether the by-election will take place.  The amendment to Rules of
Procedures of the TIRExB containing both modifications were adopted at its 49th
and 50th sessions. 
(6)       An amendment of the Annex
9, Part I of the Convention entered into force on 1 January 2012 (OJ L66/1 from
6 March 2012) and introduced, among others, a new obligation for the national
associations to provide the TIRExB with the prices of TIR Carnets. However the
deadline to fulfill this obligation was not very clear. The proposed amendment
will clarify this deadline.
(7)       In its 57th and
58th session in February 2014 the Administrative Committee for the
TIR Convention adopted the proposed amendments of the TIR Convention, subject
to the completion of the Union's internal procedures.
(8)       Therefore, the Union
position concerning the proposed amendment should be determined,
HAS ADOPTED THIS DECISION: 
Article 1
The position to be taken by the European
Union in the Administrative Committee for the TIR Convention shall be based on
the draft amendments attached to this Decision.
Minor changes to the draft amendments may
be agreed to by the representatives of the Union in the Administrative
Committee for the TIR Convention without further decision of the Council.
Article 2
This Decision shall enter into force on the
day of its adoption.
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
[1]               OJ L 252, 14.09.1978, p. 1.
[2]               OJ L 31, 2.2.1983, p. 13.
[3]               OJ L 165, 26.6.2009, p. 1.
Amendments to the Customs Convention on
the International Transport of Goods Under the Cover of TIR Carnets (TIR
Convention 1975)
Annex 1, page 11, point (5) 
For HS code:
24.03.10 read HS code: 24.03.11 and 24.03.19 (ECE/TRANS/WP.30/AC.2/113,
para. 35)
Annex 6, Explanatory Note 0.8.3, point
(5)
For HS code:
24.03.10 read HS code: 24.03.11 and 24.03.19 (ECE/TRANS/WP.30/AC.2/113,
para. 35)
Annex 6, new Explanatory Note 0.38.2 
Add a new
Explanatory Note to Article 38, paragraph 2 to read
Explanatory Note to paragraph 2
0.38.2  The legal requirement to notify the
TIR Executive Board that a person has been temporarily or permanently excluded
from the operation of the Convention is deemed to be fulfilled by means of the
proper use of electronic applications developed to this end by the TIR
secretariat under the supervision of the TIR Executive Board.
(ECE/TRANS/WP.30/AC.2/115, para. 43)
Annex 6, New Explanatory Notes 8.9.1
Add new
Explanatory Note to Annex 8, Article 9, paragraph 1 to read
8.9.1    The members of the TIR Executive
Board shall be competent and experienced in the application of Customs
procedures, particularly the TIR transit procedure, both at national and
international levels. Board members shall be nominated by their respective
Governments or organizations being Contracting Parties to the Convention. They
shall represent the interests of the Contracting Parties to the Convention and
not the specific interests of any one individual Government or organization.
(ECE/TRANS/WP.30/AC.2/117, para. 29)
Annex 6, New Explanatory Note 8.9.2
Add new
Explanatory Note to Annex 8, Article 9, paragraph 2 to read
8.9.2    In case a member of the TIR
Executive Board resigns before the completion of his/her mandated term of
office, the TIR Administrative Committee may elect a replacement member. In
that case the elected member shall only hold office for the unexpired portion
of the term of office of his/her predecessor. In the event that a member of the
TIR Executive Board is unable, for reasons other than resignation, to complete
his or her term of office, this information should be transmitted in writing to
the TIR Executive Board and the TIR secretariat by the national administration
of the member concerned. In this case, the Administrative Committee may elect a
replacement member for the unexpired portion of the term of office.
(ECE/TRANS/WP.30/AC.2/117, para. 29)
Annex 6, New Explanatory Note 9.II.4
Add a new
Explanatory Note to Annex 9, Part II, paragraph 4 to read
Explanatory Note to paragraph 4
9.II.4   The legal requirements for data
submission, as set out in paragraph 4 are deemed to be fulfilled by means of
the proper use of electronic applications developed to this end by the TIR
secretariat under the supervision of the TIR Executive Board.
(ECE/TRANS/WP.30/AC.2/113, para. 30)
Annex 6, New Explanatory Note 9.II.5
Add a new
Explanatory Note to Annex 9, Part II, paragraph 5 to read
Explanatory Note to paragraph 5
9.II.5   Explanatory Note 9.II.4 applies mutatis
mutandis to paragraph 5.  ECE/TRANS/WP.30/AC.2/113, para. 30)
Annex 9, Part I, paragraph 3 (vi)
For the
existing text read
“(vi) provide the TIR Executive Board,
annually, before 1 March with the price of each type of TIR Carnet it issues;”