Council Decision of 28 May 2009 publishing in consolidated form the text of the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975 as amended since that date (2009/477/EC)
EU Decision 2009/477 · Adopted 28 May 2009 · Extends to United Kingdom
Council Decision
of 28 May 2009
publishing in consolidated form the text of the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975 as amended since that date
(2009/477/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with first sentence of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)
(2)
The TIR system enables goods to be transported within an international transit regime with a minimum of interference by customs administrations en route and provides, through its international guarantee chain, relatively simple access to the required guarantees.
(3)
Several amendments of the TIR Convention have been adopted in different phases since 1975 in accordance with the procedure set out in Articles 59 and 60 of that Convention. The aim of these amendments, which were made at various stages, was to make the TIR procedure more secure and to adapt it to the changing transport and customs environment.
(4)
The amendments made in the first phase entered into force in February 1999 and introduced Annex 9 to the Convention. This Annex lays down minimum requirements and conditions for access to the TIR procedure. It gives access to the TIR system only to authorised transport operators and approved national guaranteeing associations. This provides national administrations with a tool to fully control and monitor the main users of the TIR system.
(5)
At the same time, the TIR Executive Board was established. This body, which comprises TIR experts, has the task of supervising the application of the Convention and, if necessary, of facilitating the settlement of disputes between Contracting Parties, associations, insurance companies and international organisations involved in the TIR system.
(6)
The amendments made in the second phase entered into force in May 2002 and strengthened the TIR procedure by defining more clearly the roles and responsibilities of the international organisation responsible for the functioning and organisation of the TIR system. The relationship between this organisation, its member associations and the Administrative Committee for the TIR Convention was defined.
(7)
In addition, the amendments made in the second phase also introduced new provisions on the construction of certain types of road vehicles. These amendments were requested by the transport industry and give the possibility to use vehicles or containers with sliding sheets for TIR transport.
(8)
In order to control more effectively the TIR system and to safeguard the functioning of the TIR regime, provisions were introduced concerning an electronic system (the SafeTIR system) which informs the international organisation responsible for the organisation and functioning of the guarantee chain about the TIR carnets presented at customs offices of destination. The SafeTIR system was introduced as Annex 10 to the TIR Convention and entered into force in August 2006.
(9)
Whenever a need was identified other amendments to the TIR Convention were introduced. The layout of the TIR carnet was adjusted in order to simplify the use of the TIR carnet and to fully cover all data that is required for the TIR transport. Under certain conditions, loading lists may also be used as annexes to the TIR carnet even when there would be enough space in the manifest to enter information on all goods carried. A procedure for cases in which a part of the TIR transport cannot be made by road or where this part is not covered by the TIR system was also introduced.
(10)
For the sake of transparency those amendments to the Convention, which are binding on the institutions of the Community and on Member States, should be published in the Official Journal for information purposes, and provision should be made for the publishing of future amendments.
(11)
In view of the number of changes made, clarity requires that all amendments adopted in accordance with the procedure set out in Articles 59 and 60 of the Convention until the end of 2008 be published in consolidated form and included in an Annex to this Decision,
HAS DECIDED AS FOLLOWS:
Annotations to the whole text
Footnotes
Contents
- 1Article 1
- 2Article 2
- Annex: CONVENTION ON THE INTERNATIONAL TRANSPORT OF GOODS UNDER COVER OF TIR CARNETS (TIR CONVENTION, 1975)
- Division
- Division
- Chapter I: GENERAL
- Definitions
- 1Article 1
- Scope
- 2Article 2
- 3Article 3
- Principles
- 4Article 4
- 5Article 5
- Chapter II: ISSUE OF TIR CARNETS
- 6Article 6
- 7Article 7
- 8Article 8
- 9Article 9
- 10Article 10
- 11Article 11
- Chapter III: TRANSPORT OF GOODS UNDER TIR CARNET
- Approval of vehicles and containers
- 12Article 12
- 13Article 13
- 14Article 14
- Procedure for transport under cover of a TIR Carnet
- 15Article 15
- 16Article 16
- 17Article 17
- 18Article 18
- 19Article 19
- 20Article 20
- 21Article 21
- 22Article 22
- 23Article 23
- 24Article 24
- 25Article 25
- 26Article 26
- 27Article 27
- 28Article 28
- Provisions concerning transport of heavy or bulky goods
- 29Article 29
- 30Article 30
- 31Article 31
- 32Article 32
- 33Article 33
- 34Article 34
- 35Article 35
- Chapter IV: IRREGULARITIES
- 36Article 36
- 37Article 37
- 38Article 38
- 39Article 39
- 40Article 40
- 41Article 41
- 42Article 42
- Chapter V: EXPLANATORY NOTES
- 43Article 43
- Chapter VI: MISCELLANEOUS PROVISIONS
- 44Article 44
- 45Article 45
- 46Article 46
- 47Article 47
- 48Article 48
- 49Article 49
- 50Article 50
- 51Article 51
- Chapter VII: FINAL CLAUSES
- 52Signature, ratification, acceptance, approval and accession
- 53Entry into force
- 54Denunciation
- 55Termination
- 56Termination of the operation of the TIR Convention, 1959
- 57Settlement of disputes
- 58Reservations
- 59Procedure for amending this Convention
- 60Special procedure for amending Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10
- 61Requests, communications and objections
- 62Review Conference
- 63Notifications
- 64Authentic text
- ANNEX 1MODEL OF THE TIR CARNET
- ANNEX 2REGULATIONS ON TECHNICAL CONDITIONS APPLICABLE TO ROAD VEHICLES WHICH MAY BE ACCEPTED FOR INTERNATIONAL TRANSPORT UNDER CUSTOMS SEAL
- ANNEX 3PROCEDURE FOR THE APPROVAL OF ROAD VEHICLES COMPLYING WITH THE TECHNICAL CONDITIONS SET FORTH IN THE REGULATIONS CONTAINED IN ANNEX 2
- ANNEX 4MODEL CERTIFICATE OF APPROVAL OF A ROAD VEHICLE
- ANNEX 5TIR PLATES
- ANNEX 6EXPLANATORY NOTES
- ANNEX 7REGARDING APPROVAL OF CONTAINERS
- ANNEX 8COMPOSITION, FUNCTIONS AND RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE AND THE TIR EXECUTIVE BOARD
- ANNEX 9ACCESS TO THE TIR PROCEDURE
- ANNEX 10INFORMATION TO BE PROVIDED BY CONTRACTING PARTIES TO AUTHORISED ASSOCIATIONS (UNDER ARTICLE 43 TER) AND AN INTERNATIONAL ORGANISATION (UNDER ARTICLE 6.2 BIS)
- Appendix