Article 1
The text of the Customs Convention on the international transport...
Article 2
This Decision shall take effect on the day of its...
ANNEX
CONVENTION ON THE INTERNATIONAL TRANSPORT OF GOODS UNDER COVER OF TIR CARNETS (TIR CONVENTION, 1975)
CHAPTER I
GENERAL
(a)
Definitions
Article 1
For the purposes of this Convention: The term ‘TIR transport’...
(b)
Scope
Article 2
This Convention shall apply to the transport of goods without...
Article 3
For the provisions of this Convention to become applicable: the...
(c)
Principles
Article 4
Goods carried under the TIR procedure shall not be subjected...
Article 5
(1) Goods carried under the TIR procedure in sealed road...
CHAPTER II
ISSUE OF TIR CARNETS
Article 6
(1) Each Contracting Party may authorise associations to issue TIR...
Article 7
TIR Carnet forms sent to the guaranteeing associations by the...
Article 8
(1) The guaranteeing association shall undertake to pay up to...
Article 9
(1) The guaranteeing association shall fix the period of validity...
Article 10
(1) Discharge of a TIR operation has to take place...
Article 11
(1) Where a TIR operation has not been discharged, the...
CHAPTER III
TRANSPORT OF GOODS UNDER TIR CARNET
(a)
Approval of vehicles and containers
Article 12
In order to fall within the provisions of sections (a)...
Article 13
(1) To fall within the provisions of sections (a) and...
Article 14
(1) Each Contracting Party reserves the right to refuse to...
(b)
Procedure for transport under cover of a TIR Carnet
Article 15
(1) No special Customs documents shall be required in respect...
Article 16
When a road vehicle or combination of vehicles is carrying...
Article 17
(1) A single TIR Carnet shall be made out in...
Article 18
A TIR transport may involve several Customs offices of departure...
Article 19
The goods and the road vehicle, the combination of vehicles...
Article 20
For journeys in the territory of their country, the Customs...
Article 21
At each Customs office en route and at Customs offices...
Article 22
(1) As a general rule and except when they examine...
Article 23
The Customs authorities shall not: require road vehicles, combinations of...
Article 24
If the Customs authorities conduct an examination of the load...
Article 25
If the Customs seals are broken en route otherwise than...
Article 26
(1) When transport under cover of a TIR Carnet takes...
Article 27
Subject to the provisions of this Convention and in particular...
Article 28
(1) Termination of a TIR operation shall be certified by...
(c)
Provisions concerning transport of heavy or bulky goods
Article 29
(1) The provisions of this section apply only to the...
Article 30
All the provisions of this Convention, save those to which...
Article 31
The liability of the guaranteeing association shall cover not only...
Article 32
The cover and all vouchers of the TIR Carnet shall...
Article 33
The authorities at the Customs office of departure may require...
Article 34
The authorities at the Customs offices en route of each...
Article 35
If Customs authorities conducting an examination of the load at...
CHAPTER IV
IRREGULARITIES
Article 36
Any breach of the provisions of this Convention shall render...
Article 37
When it is not possible to establish in which territory...
Article 38
(1) Each of the Contracting Parties shall have the right...
Article 39
When TIR operations are accepted as being otherwise in order:...
Article 40
The Customs administrations of the countries of departure and of...
Article 41
When it is established to the satisfaction of the Customs...
Article 42
On receipt from a Contracting Party for a request giving...
Article 42 bis
The competent authorities, in close cooperation with the associations, shall...
Article 42 ter
The competent authorities of the Contracting Parties shall, as appropriate,...
CHAPTER V
EXPLANATORY NOTES
Article 43
The Explanatory Notes set out in Annex 6 and Annex...
CHAPTER VI
MISCELLANEOUS PROVISIONS
Article 44
Each Contracting Party shall provide the guaranteeing associations concerned with...
Article 45
Each Contracting Party shall cause to be published the list...
Article 46
(1) No charge shall be made for Customs attendance in...
Article 47
(1) The provisions of this Convention shall preclude neither the...
Article 48
Nothing in this Convention shall prevent Contracting Parties which form...
Article 49
This Convention shall not prevent the application of greater facilities...
Article 50
The Contracting Parties shall communicate to one another, on request,...
Article 51
The Annexes to this Convention form an integral part of...
CHAPTER VII
FINAL CLAUSES
Article 52
Signature, ratification, acceptance, approval and accession
Article 53
Entry into force
Article 54
Denunciation
Article 55
Termination
Article 56
Termination of the operation of the TIR Convention, 1959
Article 57
Settlement of disputes
Article 58
Reservations
Article 58 bis
Administrative Committee
Article 58 ter
TIR Executive Board
Article 59
Procedure for amending this Convention
Article 60
Special procedure for amending Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10
Article 61
Requests, communications and objections
Article 62
Review Conference
Article 63
Notifications
Article 64
Authentic text
ANNEX 1
MODEL OF THE TIR CARNET
Version 1
1.
The TIR Carnet is printed in French except for page...
2.
Carnets used for TIR operations within a regional guarantee chain...
Version 2
3.
For the transport of tobacco and alcohol for which an...
Model of the TIR Carnet:
VERSION 1
Model of the TIR Carnet:
VERSION 1
Model of the TIR Carnet:
VERSION 1
Model of the TIR Carnet:
VERSION 1
Model of the TIR Carnet:
VERSION 1
Model of the TIR Carnet:
VERSION 1
Model of the TIR Carnet:
VERSION 2
Model of the TIR Carnet:
VERSION 2
Model of the TIR Carnet:
VERSION 2
Model of the TIR Carnet:
VERSION 2
Model of the TIR Carnet:
VERSION 2
Model of the TIR Carnet:
VERSION 2
Model of the TIR Carnet:
VERSION 2
ANNEX 2
REGULATIONS ON TECHNICAL CONDITIONS APPLICABLE TO ROAD VEHICLES WHICH MAY BE ACCEPTED FOR INTERNATIONAL TRANSPORT UNDER CUSTOMS SEAL
Article 1
Basic principles
Article 2
Structure of load compartments
Article 3
Sheeted vehicles
Article 4
Vehicles with sliding sheets
Article 5
Vehicles with a sheeted sliding roof
Sketch No 1
SHEET MADE OF SEVERAL PIECES SEWN TOGETHER
Sketch No 2
SHEET MADE OF SEVERAL PIECES SEWN TOGETHER
Sketch No 2 (a)
SHEET MADE OF SEVERAL PIECES SEWN TOGETHER
Sketch No 3
SHEET MADE OF SEVERAL PIECES WELDED TOGETHER
Sketch No 4
REPAIR OF THE SHEET
Sketch No 5
EXAMPLE OF END-PIECE
Sketch No 6
EXAMPLE OF SHEET LOCKING SYSTEM
Sketch No 7
EXAMPLE OF SHEETS FIXED TO SPECIAL-SHAPED FRAME
Sketch No 8
SHEET LOCKING SYSTEM AT OPENINGS FOR LOADING AND UNLOADING
Sketch No 9
EXAMPLE OF A CONSTRUCTION OF A VEHICLE WITH SLIDING SHEETS...
Sketch No 10
EXAMPLE OF A CONSTRUCTION OF A VEHICLE WITH A SHEETED...
ANNEX 3
PROCEDURE FOR THE APPROVAL OF ROAD VEHICLES COMPLYING WITH THE TECHNICAL CONDITIONS SET FORTH IN THE REGULATIONS CONTAINED IN ANNEX 2
GENERAL
1.
Road vehicles may be approved by one of the following...
2.
An Approval Certificate conforming to the standard form of Annex...
3.
The Approval Certificate shall be kept on the road vehicle....
4.
Road vehicles shall be produced every two years, for the...
5.
If a road vehicle no longer complies with the technical...
6.
If the essential characteristics of a road vehicle are changed,...
7.
The competent authorities of the country of registration of the...
PROCEDURE FOR INDIVIDUAL APPROVAL
8.
The owner, the operator or the representative of either shall...
PROCEDURE FOR APPROVAL BY DESIGN TYPE (SERIES OF ROAD VEHICLES)...
9.
Where road vehicles are manufactured by type series, the manufacturer...
10.
The manufacturer shall state in his application the identification numbers...
11.
The application shall be accompanied by drawings and a detailed...
12.
The manufacturer shall give an undertaking in writing that he...
13.
The competent authority shall state what changes, if any, must...
14.
No approval by design-type shall be granted unless the competent...
15.
The competent authority shall notify the manufacturer in writing of...
16.
The competent authority shall take the necessary steps to issue...
17.
The holder of the Approval Certificate shall, before using the...
18.
When a vehicle which has been approved by design-type is...
PROCEDURE FOR ENDORSEMENT OF THE CERTIFICATE OF APPROVAL
19.
When an approved vehicle, carrying goods under cover of a...
20.
In each of these cases the Customs authorities shall make...
21.
Each endorsement made on the Certificate shall be dated and...
22.
When a vehicle is found to have defects which the...
ANNEX 4
MODEL CERTIFICATE OF APPROVAL OF A ROAD VEHICLE
Model certificate of approval of a road vehicle
ANNEX 5
TIR PLATES
1.
The dimensions of the plates shall be 250 mm by...
2.
The letters TIR in capital Latin characters shall be 200...
ANNEX 6
EXPLANATORY NOTES
0.
MAIN TEXT OF THE CONVENTION
0.1.
Article 1
0.1.(b)
Article 1(b) implies that, where several Customs office of departure...
0.1.(f)
The fees and charges excepted in Article 1, subparagraph (f)...
0.1.(j)
The term ‘demountable body’ means a load compartment which has...
0.1.(j)(i)
The term ‘partially enclosed’, as applied to equipment in Article...
0.2.
Article 2
0.2-1.
Article 2 provides that a transport operation under cover of...
0.2-2.
The provisions of this Article allow goods to be carried...
0.3.
Article 3
0.3(a)(iii)
The provisions of Article 3(a)(iii) do not cover passenger cars...
0.5.
Article 5
0.6.
Article 6
0.6.2.
Paragraph 2
0.6.2 bis-1.
The relationship between an international organisation and its member associations...
0.6.2 bis-2.
The authorisation granted in accordance with Article 6.2 bis shall...
0.8.
Article 8
0.8.2.
Paragraph 2
0.8.3.
Paragraph 3
0.8.5.
Paragraph 5
0.8.6.
Paragraph 6
0.8.7.. . . . . . . . . ....
0.10-1.
Article 10
0.10-2.
The phrase ‘ or no termination has taken place ’...
0.11.
Article 11
0.11-1.
The method of notification in writing is left to national...
0.11-2.
The efforts to be made by the competent authorities to...
0.11-3-1.
In deciding whether or not to release the goods or...
0.11-3-2.
The competent authorities may inform the guaranteeing association that administrative...
0.11-4.
If a guaranteeing association is asked, in accordance with the...
0.15.
Article 15
0.17.
Article 17
0.17-1.
Paragraph 1
0.17-2.
Paragraph 2
0.18.
Article 18
0.18-1.
It is essential for the smooth operation of the TIR...
0.18-2.
Goods should be so loaded that the consignment to be...
0.19.
Article 19
0.20.
Article 20
0.21.
Article 21
0.21-1.
The provisions of this Article do not restrict the right...
0.21-2.
The Customs office of entry may turn back the carrier...
0.21-3.
If in the course of an examination, Customs authorities draw...
0.28-1.
Article 28
0.28-2.
This Article provides that the termination of a TIR operation...
0.29.
Article 29
0.38.
Article 38
0.38-2.
Paragraph 2
0.39.
Article 39
0.42 bis.
Article 42 bis
0.45.
Article 45
1.
ANNEX 1
1.10.(c)
Rules regarding the Use of the TIR Carnet
2.
ANNEX 2
2.2.
Article 2
2.2.1.(a)
Paragraph 1(a) — Assembly of constituent parts
2.2.1.(b)
Paragraph 1(b) — Doors and other closing systems
2.2.1.(c)
Paragraph 1(c)-1 Ventilation apertures
2.2.1.(c)-2
Drainage apertures
2.2.3.
Paragraph 3 — Safety glass
2.3.
Article 3
2.3.3.
Paragraph 3 — Sheets made up of several pieces
2.3.6.(a)
Paragraph 6(a)
2.3.6.(a)-1
Vehicle with sliding rings
2.3.6.(a)-2
Vehicles with swivel rings
2.3.6.(b)
Paragraph 6(b) Permanently-secured sheets
2.3.8.
Paragraph 8 — Spaces between the rings and the eyelets...
2.3.11.(a)
Paragraph 11(a)
2.3.11.(a)-1
Sheet tension flaps
2.3.11.(a)-2
Sheet thongs
2.3.11.(a)-3
The device shown in sketch No 3 meets the requirements...
3.
ANNEX 3
3.0.17.
Paragraph 17 — Approval procedure
3.0.20.
Paragraph 20 — Procedure for endorsement of the Certificate of...
8.
ANNEX 8
8.1.
Article 1 bis
8.1 bis .6.
Paragraph 6
8.9.
Article 9
8.9.1.
Paragraph 1
8.9.2.
Paragraph 2
8.10.
Article 10
8.10.(b)
The Agreement mentioned in the Explanatory Note to Article 6.2...
8.13.
Article 13
8.13.1-1.
Paragraph 1 — Financial arrangements
8.13.1-2.
Paragraph 1 — Operation of the TIR Executive Board
8.13.1-3.
Paragraph 1 — Amount
8.13.2.
Paragraph 2
9.
ANNEX 9
9.I.
Part I
9.I.1.(a). . . . . . . . . ....
9.II.
Part II
9.II.3.
Paragraph 3 — Authorisation Committee
9.II.4.
Paragraph 4
9.II.5.
Paragraph 5
Sketch No 1
EXAMPLE OF A HINGE AND CUSTOMS SEALING DEVICE ON DOORS...
Sketch No 1a
EXAMPLE OF A HINGE NOT REQUIRING SPECIAL PROTECTION FOR THE...
Sketch No 2
SHEETED VEHICLE WITH SLIDING RINGS
Sketch No 2a
EXAMPLE OF A SWIVEL RING (‘D’ RING)
Sketch No 3
EXAMPLE OF A DEVICE FOR FASTENING VEHICLE SHEETS
Sketch No 4
DEVICE FOR FASTENING SHEETS
Sketch No 5
EXAMPLE OF A FASTENING DEVICE INSERTED FROM THE INSIDE OF...
ANNEX 7
REGARDING APPROVAL OF CONTAINERS
PART I
REGULATIONS ON TECHNICAL CONDITIONS APPLICABLE TO CONTAINERS WHICH MAY BE ACCEPTED FOR INTERNATIONAL TRANSPORT UNDER CUSTOMS SEAL
Article 1
Basic principles
Article 2
Structure of containers
Article 3
Containers capable of being folded or dismantled
Article 4
Sheeted containers
Article 5
Containers with sliding sheets
Article 6
Containers with a sheeted sliding roof
Sketch No 1
SHEETS MADE OF SEVERAL PIECES
Sketch No 2
SHEET MADE OF SEVERAL PIECES
Sketch No 3
SHEET MADE OF SEVERAL PIECES
Sketch No 4
REPAIR OF THE SHEET
Sketch No 5
SPECIMEN OF END-PIECE
Sketch No 6
EXAMPLE OF SHEET LOCKING SYSTEM
Sketch No 7
EXAMPLE OF SHEETS FIXED TO SPECIAL-SHAPED FRAMES
Sketch No 8
SHEET LOCKING SYSTEM AT OPENINGS FOR LOADING AND UNLOADING
Sketch No 9
EXAMPLE OF A CONSTRUCTION OF A CONTAINER WITH SLIDING SHEETS...
Sketch No 10
EXAMPLE OF A CONSTRUCTION OF A CONTAINER WITH A SHEETED...
PART II
PROCEDURES FOR THE APPROVAL OF CONTAINERS COMPLYING WITH THE TECHNICAL CONDITIONS PRESCRIBED IN PART I
General
1.
Containers may be approved for the transport of goods under...
Provisions common to both approval procedures
2.
The competent authority responsible for granting approval shall issue to...
3.
The beneficiary of approval shall affix an approval plate to...
4.
The approval plate shall be affixed permanently and in a...
5.
The approval plate, conforming to model No I reproduced in...
6.
If a container no longer complies with the technical conditions...
7.
If the essential characteristics of a container are changed, the...
Special provisions for approval by design type at the manufacturing...
8.
Where the containers are manufactured by type series, the manufacturer...
9.
The manufacturer shall state in his application the identification numbers...
10.
The application shall be accompanied by drawings and a detailed...
11.
The manufacturer shall give an undertaking in writing that he...
12.
The competent authority shall state what changes, if any, must...
13.
No type-approval by design type shall be granted unless the...
14.
When a container type is approved there shall be issued...
Special provisions for approval at a stage subsequent to manufacture...
15.
If approval has not been applied for at the manufacturing...
16.
An application for approval submitted under paragraph 15 of this...
17.
When the competent authority has ascertained that the container or...
Appendix 1
Model No I
Approval plate (English version) Model No I Approval plate (French version) Appendix...
Model No I
Approval plate (French version) Appendix 2 Model No II IMPORTANT NOTICE (Annex...
Appendix 2
Model No II
IMPORTANT NOTICE
(Annex 7, Part II, paragraphs 6 and 7 to the...
Appendix 3
Model No III
IMPORTANT NOTICE
(Annex 7, Part II, paragraphs 6 and 7, to the...
PART III
EXPLANATORY NOTES
DEVICE FOR AFFIXING SHEETS AROUND CONTAINERS' CORNER CASTINGS
ANNEX 8
COMPOSITION, FUNCTIONS AND RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE AND THE TIR EXECUTIVE BOARD
COMPOSITION, FUNCTIONS AND RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE...
Article 1
The Contracting Parties shall be members of the Administrative Committee....
Article 1 bis
(1) The Committee shall consider any proposed amendment to the...
Article 2
The Secretary-General of the United Nations shall provide the Committee...
Article 3
The Committee shall, at its first session each year, elect...
Article 4
The Secretary-General of the United Nations shall convene under the...
Article 5
Proposals shall be put to the vote. Each State which...
Article 6
A quorum consisting of not less than one third of...
Article 7
Before the closure of its session, the Committee shall adopt...
Article 8
In the absence of relevant provisions in this Annex, the...
COMPOSITION, FUNCTIONS AND RULES OF PROCEDURE OF THE TIR EXECUTIVE...
Article 9
(1) The TIR Executive Board established by the Administrative Committee...
Article 10
The TIR Executive Board shall: supervise the application of the...
Article 11
(1) A session of the Board shall be convened by...
Article 12
The TIR Secretary shall be a member of the secretariat...
Article 13
(1) The operation of the TIR Executive Board and the...
ANNEX 9
ACCESS TO THE TIR PROCEDURE
PART I
AUTHORISATION FOR ASSOCIATIONS TO ISSUE TIR CARNETS AND TO ACT AS GUARANTOR
PART II
AUTHORISATION FOR NATURAL AND LEGAL PERSONS TO UTILISE TIR CARNETS
MODEL AUTHORISATION FORM (MAF)
PART III
ANNEX 10
INFORMATION TO BE PROVIDED BY CONTRACTING PARTIES TO AUTHORISED ASSOCIATIONS (UNDER ARTICLE 43 TER) AND AN INTERNATIONAL ORGANISATION (UNDER ARTICLE 6.2 BIS)
1.
Customs authorities shall transmit to an international organisation or to...
2.
The Model Reconciliation Form (MRF) contained in the Appendix may...
3.
Customs authorities and national guaranteeing associations shall conclude an agreement,...
4.
An international organisation shall give Customs authorities access to the...
Appendix
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 1975 was approved on behalf of the European Community by Council Regulation (EEC) No 2112/78 and entered into force in the Community on 20 June 1983 .
(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:
OJ L 252, 14.9.1978, p. 2.
OJ L 252, 14.9.1978, p. 1.
OJ L 31, 2.2.1983, p. 13.