CELEX: 22013A0914(01)
Language: en
Date: 2013-09-14 00:00:00
Title: Amendment to the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention, 1975)

14.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 245/3
            
         Amendment to the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention, 1975 (1))
   
      According to the UN Depositary Notification C.N.433.2013.TREATIES — XI.A.16 the following amendments to the TIR Convention enter into force on 10 October 2013 for all Contracting Parties
   
   In Article 6, paragraph 2 bis is replaced by the following:
   
      ‘2 bis.   An international organisation shall be authorised by the Administrative Committee to take on responsibility for the effective organisation and functioning of an international guarantee system. The authorisation shall be granted as long as the organisation fulfils the conditions and requirements laid down in Annex 9, Part III. The Administrative Committee may revoke the authorisation if these conditions and requirements are no longer fulfilled.’
   
   In Annex 9, a new Part III is introduced as follows:
   
      ‘Part III
      Authorisation of an international organisation, as referred to in Article 6, to take on the responsibility for the effective organisation 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 organisation in order to be authorised, in accordance with Article 6.2 bis of the Convention, by the Administrative Committee to take on the responsibility for the effective organisation 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 organisation and functioning of an international guarantee system and the organisational capabilities to fulfil its obligations under the Convention by means of annual submissions of consolidated financial statements duly audited by internationally recognised independent auditors;
                           
                        
                              (b)
                           
                           
                              absence of serious or repeated offences against Customs or tax legislation.
                           
                        
            
                  2.
               
               
                  Pursuant to the authorisation, the international organisation shall:
                  
                              (a)
                           
                           
                              provide the Contracting Parties of the TIR Convention via the national associations affiliated to the international organisation 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;
                           
                        
                              (f)
                           
                           
                              provide the TIR Executive Board with details of the distribution price by the international organisation 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 to the Convention, together with national guaranteeing associations affiliated to the international organisation 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 authorisation granted in accordance with Article 6.2 bis 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 organisation of its duties set out in this paragraph.
                           
                        
            
                  3.
               
               
                  When the international organisation 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 organisation 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 authorisation 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 authorisation 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 authorisation, the decision will become effective at the earliest six (6) months after the date of revocation.
               
            
                  6.
               
               
                  The authorisation of an international organisation under the terms set out above shall be without prejudice to that organisation’s responsibilities and liabilities under the Convention.’
               
            
   
      (1)  Consolidated text published by Council Decision 2009/477/EC (OJ L 165, 26.6.2009, p. 1).