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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

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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)

The Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975f1 was approved on behalf of the European Community by Council Regulation (EEC) No 2112/78f2 and entered into force in the Community on 20 June 1983f3.

(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

f1

OJ L 252, 14.9.1978, p. 2.

f2

OJ L 252, 14.9.1978, p. 1.

f3

OJ L 31, 2.2.1983, p. 13.

Contents

  1. 1Article 1
  2. 2Article 2
  3. Annex: CONVENTION ON THE INTERNATIONAL TRANSPORT OF GOODS UNDER COVER OF TIR CARNETS (TIR CONVENTION, 1975)
  4. Division
  5. Division
  6. Chapter I: GENERAL
  7. Definitions
  8. 1Article 1
  9. Scope
  10. 2Article 2
  11. 3Article 3
  12. Principles
  13. 4Article 4
  14. 5Article 5
  15. Chapter II: ISSUE OF TIR CARNETS
  16. 6Article 6
  17. 7Article 7
  18. 8Article 8
  19. 9Article 9
  20. 10Article 10
  21. 11Article 11
  22. Chapter III: TRANSPORT OF GOODS UNDER TIR CARNET
  23. Approval of vehicles and containers
  24. 12Article 12
  25. 13Article 13
  26. 14Article 14
  27. Procedure for transport under cover of a TIR Carnet
  28. 15Article 15
  29. 16Article 16
  30. 17Article 17
  31. 18Article 18
  32. 19Article 19
  33. 20Article 20
  34. 21Article 21
  35. 22Article 22
  36. 23Article 23
  37. 24Article 24
  38. 25Article 25
  39. 26Article 26
  40. 27Article 27
  41. 28Article 28
  42. Provisions concerning transport of heavy or bulky goods
  43. 29Article 29
  44. 30Article 30
  45. 31Article 31
  46. 32Article 32
  47. 33Article 33
  48. 34Article 34
  49. 35Article 35
  50. Chapter IV: IRREGULARITIES
  51. 36Article 36
  52. 37Article 37
  53. 38Article 38
  54. 39Article 39
  55. 40Article 40
  56. 41Article 41
  57. 42Article 42
  58. Chapter V: EXPLANATORY NOTES
  59. 43Article 43
  60. Chapter VI: MISCELLANEOUS PROVISIONS
  61. 44Article 44
  62. 45Article 45
  63. 46Article 46
  64. 47Article 47
  65. 48Article 48
  66. 49Article 49
  67. 50Article 50
  68. 51Article 51
  69. Chapter VII: FINAL CLAUSES
  70. 52Signature, ratification, acceptance, approval and accession
  71. 53Entry into force
  72. 54Denunciation
  73. 55Termination
  74. 56Termination of the operation of the TIR Convention, 1959
  75. 57Settlement of disputes
  76. 58Reservations
  77. 59Procedure for amending this Convention
  78. 60Special procedure for amending Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10
  79. 61Requests, communications and objections
  80. 62Review Conference
  81. 63Notifications
  82. 64Authentic text
  83. ANNEX 1MODEL OF THE TIR CARNET
  84. ANNEX 2REGULATIONS ON TECHNICAL CONDITIONS APPLICABLE TO ROAD VEHICLES WHICH MAY BE ACCEPTED FOR INTERNATIONAL TRANSPORT UNDER CUSTOMS SEAL
  85. ANNEX 3PROCEDURE FOR THE APPROVAL OF ROAD VEHICLES COMPLYING WITH THE TECHNICAL CONDITIONS SET FORTH IN THE REGULATIONS CONTAINED IN ANNEX 2
  86. ANNEX 4MODEL CERTIFICATE OF APPROVAL OF A ROAD VEHICLE
  87. ANNEX 5TIR PLATES
  88. ANNEX 6EXPLANATORY NOTES
  89. ANNEX 7REGARDING APPROVAL OF CONTAINERS
  90. ANNEX 8COMPOSITION, FUNCTIONS AND RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE AND THE TIR EXECUTIVE BOARD
  91. ANNEX 9ACCESS TO THE TIR PROCEDURE
  92. ANNEX 10INFORMATION TO BE PROVIDED BY CONTRACTING PARTIES TO AUTHORISED ASSOCIATIONS (UNDER ARTICLE 43 TER) AND AN INTERNATIONAL ORGANISATION (UNDER ARTICLE 6.2 BIS)
  93. Appendix