CELEX: 51993PC0469
Language: en
Date: 1993-12-06
Title: Proposal for a COUNCIL DECISION accepting, on behalf of the Community, Resolution No 47 of the Working Party on customs questions affecting transport of the Economic Commission for Europe (ECE) on the introduction of an additional TIR carnet with higher guarantee

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                    C0M(93) 469 final
                                                                    Brussels, 6 December 1993
                                                     Proposal for a
                                                    COUNCIL DECISION
                      accepting, on behalf of the Community, Resolution No 47 of the Working Party on
                      customs questions affecting transport of the Economic Commission for Europe
                      (ECE) on the introduction of an additional TIR carnet with higher guarantee
                                             (presented by the Commission)
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 ---pagebreak---                                EXPLANATORY MEMORANDUM
The Customs Convention on the international transport of goods under cover
of TIR carnets (TIR Convention) signed           in Geneva on 14 November       1975 was
approved on the Community's behalf by Council Regulation (EEC) No 2112/78
of 25 July 1975 which came into force on 20 June 1983.1
On 2 July the Working Party on customs questions affecting transport of the
Economic Commission for Europe adopted Resolution No 47 on the introduction
of an additional TIR carnet with higher guarantee.
Its aim    is to combat     the   recent   increase    in cases of     fraud   involving
alcohol   and   tobacco   carried    under   TIR   carnets    by   introducing   a   high
guarantee    to  be   provided    by  national     transport    associations    for   the
transport of such goods.
The Commission and Member States have played a full and close role in the
preparation of this Resolution and its adoption by the Working Party.                This
is clear    evidence   of  the    importance   attached    by   the Community     to  its
acceptance and implementation.
Decision accepting the Resolution should be adopted as soon as possible as
acceptance of the Resolution by the Community as a Contracting Party to the
1975 TIR Convention will have considerable political            impact.
Conclusions
The  Commission     proposes    that   the   Council    accept,    on   behalf   of   the
Community, Resolution No 47 adopted by the ECE Working Party on customs
questions affecting transport on 2 July.
      OJ No L 252, 14.9.1978.
 ---pagebreak---                                   Proposal for a
                                                                3
                                 COUNCIL DECISION
accepting, on behalf of the Community, Resolution No 47 of the Working Party on
customs questions affecting transport of the Economic Commission for Europe
 (ECE) on the introduction of an additional TIR carnet with higher guarantee
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community and in
particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Resolution No 47 provides for measures to ensure the proper application
of the TIR Convention and to provide a higher guarantee for the transport of
certain types of goods involving a higher risk of fraudulant evasion of customs
and other dut ies;
Whereas this Resolution is of prime importance to the Community and should be
accepted by it with immediate effect,
HAS DECIDED AS FOLLOWS:
                                    Article 1
Resolution No 47 of the Working Party on customs questions affecting transport
of the Economic Commission for Europe of 2 July 1993 on the introduction of an
additional TIR carnet with higher guarantee is hereby accepted on behalf of the
Community with immediate effect.
The text of the Resolution is attached to this Decision.
 ---pagebreak---                                                                           V
                                   Art icle 2
The President of the Council is hereby authorized to designate the person
empowered to notify the Executive Secretary of the Economic Commission for
Europe of the Community's acceptance, with immediate effect, of the Resolution
referred to in Article 1.
Done at Brussels,                                  For the Counc
                                                   The President
 ---pagebreak---                                                                                  s
         INTRODUCTION OF AN ADDITIONAL TIR CARNET WITH HIGHER GUARANTEE
                                   Résolut ion No 47
                           adopted on 2 July 1993 by the
         UN/ECE Working Party on customs Questions affecting Transport
The Working Party on Customs Questions affecting Transport.
Stressing     the   importance   of    the  smooth    functioning   of  the   Customs
Convention on     the   International    Transport   of Goods under    Cover  of TIR
Carnets (TIR Convention, 1975) to facilitate the international carriage of
goods by road vehicles,
Concerned about the recent       increases in cases of fraud which may endanger
the facilitation measures provided for in the TIR Convention, 1975,
Aware of the difficulties faced by the international quaranteeing chain in
providing adequate guarantees for high-risk goods from a Customs point of
v i ew,
Considering that the introduction as soon as possible of a high-guarantee
TIR Carnet     covering   tobacco and alcohol     could provide a step towards a
solution to these problems,
Bearing    in mind the provisions of annex 1 and annex 6, explanatory note
0.8.3. of the TIR Convention, 1975,
Decides unanimously on the following inter im measures taking effect before
the relevant amendment       to the TIR Convention, 1975 will come        into force,
possibly during the course of 1994:
        In the case of transport of alcohol and tobacco, details of which are
        given   below,  Customs    authorities   are   recommended  to  increase  the
        maximum    amount    which    may   be   claimed    from   the   guaranteeing
        associations to a sum equal to $US 200,000:
        (1) Undenatured ethyl alcohol of an alcoholic strength by volume of
             80% vol or higher (HS code: 22.07.10)
 ---pagebreak---        (2) Undenatured ethyl alcohol of an alcoholic strength by volume of
           less   than   80%  vol,    spirits,   liqueurs   and  other    spirituous
           beverages; compound alcoholic preparations of a kind used for the
           manufacture of beverages (HS code: 22.08)
       (3) Cigars, cheroots and cigarillos, containing          tobacco   (HS code:
           24.02.10)
      (4) Cigarettes containing tobacco (HS code: 24.02.20)
      (5) Smoking tobacco, whether or not containing tobacco substitutes in
           any proportion (HS code: 24.03.10)
      For   the   transport  of   alcohol    and  tobacco   given   above,   Customs
      authorities shall request TIR Carnets on which are printed             in bold
      characters    the  words   "TOBACCO/ALCOHOL"    and  "TABAC/ALCOOL" on     the
      cover and all vouchers. In addition, these Carnets must contain an
      additional sheet providing details on the categories of tobacco and
      alcohol guaranteed as indicated above,
      Existing "TABAC" TIR Carnets signed by Mr. A. Wester ink are no longer
      valid,
Requests    the    International    Road    Transport    Union    (IRU),    national
guaranteeing   associations and Customs authorities        to take all     necessary
steps in order to provide for the introduction of the "TOBACCO/ALCOHOL" TIR
Carnet, as of 1 September 1993,
Requests the Contracting Parties to the TIR Convention, 1975 to notify the
Executive Secretary of the United Nations Economic Commission for Europe
(UN/ECE) by 1 September 1993, whether they accept the "TOBACCO/ALCOHOL" TIR
Carnet,
Requests the Executive Secretary of the United Nations Economic Commission
for  Europe    (UN/ECE)   to   inform   all   Contracting   Parties    to   the  TIR
Convention, 1975 about the acceptance of the "TOBACCO/ALCOHOL" TIR Carnet.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 469 final
                                                      DOCUMENTS
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                                                             ISBN 92-77-62536-8
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