{
  "url": "https://openlegislation.uk/eu-decision-2009-477/annex/annex-9",
  "json_url": "https://openlegislation.uk/eu-decision-2009-477/annex/annex-9.json",
  "legislation": "eudn/2009/477",
  "legislation_title": "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)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-477",
  "path": "annex/annex/9",
  "kind": "appendix",
  "number": "ANNEX 9",
  "heading": "ACCESS TO THE TIR PROCEDURE",
  "text": "PART I\nAUTHORISATION FOR ASSOCIATIONS TO ISSUE TIR CARNETS AND TO ACT AS GUARANTOR\nMinimum Minimum conditions and requirements\n1.. The minimum minimum conditions and requirements to be complied with by associations in order to be authorised by Contracting Parties to issue TIR Carnets and act as guarantor in accordance with Article 6 of the Convention are:\n(a) Proven existence for at least one year as an association established in the Contracting Party where the authorisation is issued.\n(b) Proof of sound financial standing and organisational capabilities enabling the association to fulfil its obligations under the Convention.\n(c) . . . . .\n(c) Absence of serious or repeated offences against Customs or tax legislation.\n(d) Establishment of a written agreement or any other legal instrument between the association and the competent authorities of the Contracting Party in which it is established including the acceptance by the association of its duties as set out in paragraph 3 of this Article.\n2.. A certified copy of the written agreement or any other legal instrument referred to under paragraph 1(d) together, if necessary, with a certified translation into English, French or Russian shall be deposited with the TIR Executive Board. Any changes shall be immediately brought to the attention of the TIR Executive Board.\n3.. The duties of the association are to:\n(i) comply with the obligations laid down in Article 8 of the Convention;\n(ii) accept the maximum sum per TIR Carnet determined by the Contracting Parties which may be claimed from the association in accordance with Article 8, paragraph 3 of the Convention;\n(iii) verify continuously and, in particular, before requesting authorisation for access of persons to the TIR procedure, the fulfilment of the minimum conditions and requirements as laid down in Part II of this Annex;\n(iv) provide its guarantees for all liabilities incurred in the country in which it is established in connection with operations under cover of TIR Carnets issued by itself and by foreign associations affiliated to the same international organisation as that to which it is itself affiliated;\n(v) cover its liabilities to the satisfaction of the competent authorities of the Contracting Party in which it is established with an insurance company, pool of insurers or financial institution. The insurance or financial guarantee contract(s) shall cover the totality of its liabilities in connection with operations under cover of TIR Carnets issued by itself and by foreign associations affiliated to the same international organisation as that to which it is itself affiliated;\nThe time to give notice for the termination of the insurance or financial guarantee contract(s) shall be not less than the time to give notice for the termination of the written agreement or any other legal instrument as referred to in paragraph 1(d). A certified copy of the insurance or financial contract(s) as well as all subsequent modifications thereto shall be deposited with the TIR Executive Board, including a certified translation, if necessary, into English, French or Russian;\n(vi) provide the TIR Executive Board, annually, before 1 March with the price of each type of TIR Carnet it issues;\n(vii) allow the competent authorities to verify all records and accounts kept relating to the administration of the TIR procedure;\n(viii) accept a procedure for settling efficiently disputes arising from the improper or fraudulent use of TIR Carnets, whenever possible without recourse to courts;\n(ix) comply strictly with the decisions of the competent authorities of the Contracting Party in which it is established concerning the revocation or withdrawal of the authorisation in line with Article 6 of the Convention and Part II of this Annex or the exclusion of persons in line with Article 38 of the Convention;\n(x) agree to implement faithfully all decisions adopted by the Administrative Committee and the TIR Executive Board in as much as the competent authorities of the Contracting Party in which the association is established have accepted them.\n4.. When a guaranteeing association is asked, in accordance with the procedure set out in Article 11, to pay the sums referred to in Article 8, paragraphs 1 and 2, it shall, in accordance with the written agreement referred to in Explanatory Note 0.6.2bis-1 to Article 6, paragraph 2 bis, inform the international organisation of the reception of the claim.\n5.. The Contracting Party in which the association is established shall revoke the authorisation to issue TIR Carnets and to act as guarantor in case of non-compliance with these conditions and requirements. Should a Contracting Party decide to revoke the authorisation, the decision shall become effective at the earliest three (3) months after the date of revocation.\n6.. The authorisation of an association under the terms set out above shall be without prejudice to that association's responsibilities and liabilities under the Convention.\n7.. The minimum conditions and requirements laid down above are without prejudice to additional conditions and requirements that each Contracting Party may wish to prescribe.\nPART II\nAUTHORISATION FOR NATURAL AND LEGAL PERSONS TO UTILISE TIR CARNETS\nMinimum conditions and requirements\n1.. The minimum conditions and requirements to be complied with by persons wishing to have access to the TIR procedure are:\n(a) Proven experience or, at least, capability to engage in regular international transport (holder of a licence for carrying out international transport, etc.).\n(b) Sound financial standing.\n(c) Proven knowledge in the application of the TIR Convention.\n(d) Absence of serious or repeated offences against Customs or tax legislation.\n(e) An undertaking in a written declaration of commitment to the association that the person:\n(i) will comply with all Customs formalities required under the Convention at the Customs offices of departure, en route and of destination;\n(ii) will pay the sums due, mentioned in Article 8, paragraphs 1 and 2 of the Convention, if requested to do so by the competent authorities in line with Article 8, paragraph 7 of the Convention;\n(iii) will, as far as national legislation permits, allow associations to verify information on the above minimum conditions and requirements.\n2.. Additional and more restrictive conditions and requirements for access to the TIR procedure may be introduced by the competent authorities of Contracting Parties and by the associations themselves unless the competent authorities decide otherwise.\nProcedure\n3.. Contracting Parties will decide, in line with national legislation, the procedures to be followed for access to the TIR procedure on the basis of the minimum conditions and requirements set forth in paragraphs 1 and 2.\n4.. The competent authorities shall transmit within one week from the date of authorisation or withdrawal of authorisation to use TIR Carnets, the particulars of each person to the TIR Executive Board in conformity with the specimen authorisation attached (MAF).\n5.. The association shall transmit annually an updated list as per 31 December of all authorised persons as well as of persons whose authorisation has been withdrawn. This list shall be transmitted one week following the 31 December to the competent authorities. The competent authorities shall forward a copy thereof to the TIR Executive Board.\n6.. The authorisation for access to the TIR procedure does not constitute in itself a right to obtain TIR Carnets from the associations.\n7.. Authorisation of a person to utilise TIR Carnets under the minimum conditions and requirements set out above, shall be without prejudice to that person's responsibilities and liabilities under the Convention.\nMODEL AUTHORISATION FORM (MAF)\nCountry: …\nName of association: …\nCompetent authority: …\nif available.\nif appropriate.\nTo be completed by national associations and/or competent authorities\nID-number\nName of person(s)/enterprise\nBusiness address\nContact point and access number (Tel, fax and e-mail number)\nBusiness registration or licence number, etc.\nEarlier withdrawal of authorisation\nDate of authorisation\nDate of withdrawal of authorisation\nStamp/signature\n…\n…\n…\nFor each person for which a request for authorisation is transmitted by the authorized association, the following information shall, at least, be provided to the competent authorities:\nIndividual and unique identification (ID) number assigned to the person by the guaranteeing association (in cooperation with the international organisation to which it is affiliated) in accordance with a harmonised format. The format of an ID-number shall be determined by the Administrative Committee,\nName(s) and address(es) of the person(s) or enterprise (in case of a business association, also the names of responsible managers),\nContact point (natural person authorised to provide information on the TIR operation to Customs authorities and associations) with complete telephone, fax and e-mail numbers),\nCommercial registration No or international transport licence No or other (if available),\n(if applicable) Earlier withdrawal of authorisation, including dates, length and nature of withdrawal of authorisation.\nPART III\nAuthorisation 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\nConditions and requirements:\n1.. 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:\n(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;\n(b) absence of serious or repeated offences against Customs or tax legislation.\n2.. Pursuant to the authorisation, the international organisation shall:\n(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;\n(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;\n(c) provide the competent bodies of the TIR Convention, on a yearly basis, with data on claims lodged, pending, paid or settled without payment;\n(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;\n(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;\n(f) provide the TIR Executive Board with details of the distribution price by the international organisation of each type of TIR Carnet;\n(g) take all possible steps to reduce the risk of counterfeiting TIR Carnets;\n(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;\n(j) fully participate in cases where the TIR Executive Board is called upon to facilitate the settlement of disputes;\n(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;\n(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;\n(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(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 ;\n(o) maintain separate records and accounts containing information and documentation which pertain to the organization and functioning of an international guarantee system and the printing and distribution of TIR Carnets;\n(p) provide its full and timely cooperation, including, but not limited to, allowing access to the above records and accounts to the competent United Nations services or to any other duly authorized competent entity and, at all times, facilitating additional inspections and audits performed by them on behalf of Contracting Parties, pursuant to Annex 8, Article 1 bis , paragraphs 5 and 6;\n(q) engage an independent external auditor to conduct annual audits of the records and accounts mentioned under subparagraph (o). The external audit shall be performed in accordance with International Standards on Auditing (ISA) and shall result in an annual audit report and a management letter which shall be submitted to the Administrative Committee.\n3.. 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.\n4.. 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.\n5.. 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.\n6.. 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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Inserted by Amendment to the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention, 1975Consolidated text published by Council Decision 2009/477/EC (OJ L 165, 26.6.2009, p. 1). ) According to the UN Depositary Notification C.N.659.2011.TREATIES — 3 the following amendments to the TIR Convention enter into force on 1 January 2012 for all Contracting Parties."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Deleted by Amendment to the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention, 1975Consolidated text published by Council Decision 2009/477/EC (OJ L 165, 26.6.2009, p. 1). ) According to the UN Depositary Notification C.N.659.2011.TREATIES — 3 the following amendments to the TIR Convention enter into force on 1 January 2012 for all Contracting Parties."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Inserted by Amendments to the Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention 1975) According to the UN Depositary Notification C.N.201.2018.TREATIES – XI.A.16 the following amendments to the TIR Convention enter into force on 1 July 2018 for all Contracting Parties."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Substituted by Amendment to the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention, 1975Consolidated text published by Council Decision 2009/477/EC (OJ L 165, 26.6.2009, p. 1). ) According to the UN Depositary Notification C.N.659.2011.TREATIES — 3 the following amendments to the TIR Convention enter into force on 1 January 2012 for all Contracting Parties."
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Substituted by Amendment to the Customs Convention on the International Transport of Goods Under the Cover of TIR Carnets (TIR Convention, 1975)."
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Substituted by Amendments to the Customs Convention on the International Transport of Goods under Cover of TIR Carnets (TIR Convention 1975) According to the UN Depositary Notification C.N.201.2018.TREATIES – XI.A.16 the following amendments to the TIR Convention enter into force on 1 July 2018 for all Contracting Parties."
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Inserted by Amendment to the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (TIR Convention, 1975Consolidated text published by Council Decision 2009/477/EC (OJ L 165, 26.6.2009, p. 1). )."
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "if available."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "if appropriate."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/477/annex/annex/9",
    "retrieved_at": "2026-11-01T15:16:28.167573+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}