Active Edition from 14.11.1975
CUSTOMS CONVENTION ON THE INTERNATIONAL CARRIAGE OF GOODS USING THE TIR CARNET (TIR CONVENTION)
CUSTOMS CONVENTION
The Contracting Parties, wishing to contribute to the facilitation of the international carriage of goods by road vehicles, believing that the improvement of the conditions of carriage is one of the essential factors in the development of cooperation between them, speaking in favor of simplifying and harmonizing administrative, in particular border, formalities in the field of international transportation, have agreed on the following :
Chapter I. General Provisionsa) Definitions
In applying this Convention:
(a) the term "TIR operation" means the transport of goods from the Customs office of departure to the Customs office of destination, following the procedure, the so-called TIR procedure, set out in this Convention;
b) the term "import or export duties and taxes" means customs duties and all other duties, taxes, duties and other charges collected on or in connection with the import or export of goods, but excluding amounts and charges limited in amount to approximate cost of services rendered;
(c) The term "road vehicle" means not only a power-driven road vehicle, but also any trailer or semi-trailer intended to be towed by such a vehicle;
d) the term "combination of vehicles" means coupled vehicles that participate in road traffic as a whole;
e) the term "container" means the transport equipment (cage, movable tank or other similar device);
i) which is a fully or partially closed container designed to contain goods;
ii) of a permanent nature and therefore strong enough to serve for repeated use;
(iii) specially designed to facilitate the carriage of goods by one or more modes of transport without intermediate transhipment of goods;
(iv) designed in such a way as to facilitate its transshipment, in particular from one mode of transport to another;
v) designed to be easily loaded and unloaded;
vi) having an internal volume of at least one cubic metre.
"Swap bodies" are treated as containers;
f) the term "Customs office of departure" means any customs office of a Contracting Party where, for all or part of the consignment, international transport under the TIR procedure begins;
g) the term "Customs office of destination" means any Customs office of a Contracting Party where, for all or part of the consignment, international transport under the TIR procedure ends;
h) the term "Customs office en route" means any Customs office of a Contracting Party through which a road vehicle, combination of vehicles or container is brought in or out in the course of a TIR operation;
j) the term "person" means both natural and legal persons;
(k) The term "heavy and bulky goods" means any heavy or bulky item which, because of its weight, size or nature, is not normally transported in a closed road vehicle or in a closed container;
l) the term "guaranteeing association" means an association recognized by the customs authorities of a Contracting Party as a guarantor for persons using the TIR procedure.
b) Scope
This Convention concerns the carriage of goods carried out without intermediate transhipment in road vehicles, combinations of vehicles or containers, crossing one or more frontiers from the Customs office of departure of one of the Contracting Parties to the Customs office of destination of the other Contracting Party or of the same Contracting Party provided that a certain part of the TIR operation between its beginning and end is carried out by road.
The provisions of this Convention shall apply provided that:
a) shipments are made
(i) in road vehicles, combinations of vehicles or containers provisionally approved for carriage under the conditions referred to in chapter III (a); or
(ii) in other road vehicles, other combinations of vehicles or other containers, subject to the conditions referred to in chapter III c);
(b) Transport is guaranteed by associations recognized under the provisions of Article 6 and must be carried out using a TIR Carnet conforming to the model set out in Annex 1 to this Convention.
c) Fundamentals
Goods transported under the TIR procedure are exempted from the payment or deposit of import or export duties and taxes at customs en route.
1. Goods transported under the TIR procedure in sealed road vehicles, sealed combinations of vehicles or sealed containers are, as a rule, exempt from customs inspection at Customs offices en route.
2. However, in order to prevent abuses, the customs authorities may, in exceptional cases, and in particular if there is a suspicion of violations, carry out inspections of goods at these customs offices.
Chapter II. ISSUANCE OF TIR CARNETS. LIABILITY OF GUARANTEE ASSOCIATIONS1. Each of the Contracting Parties may, by establishing certain guarantees for this and under certain conditions, grant certain associations the right to issue, directly or through associations which are their correspondents, TIR Carnets and provide guarantees.
2. An association may be recognized in a given country only on the condition that the guarantee granted to it also covers the liability assumed by it in that country in connection with operations carried out using TIR Carnets issued by foreign associations belonging to an international organization that is part of which includes this association.
Forms of TIR Carnets sent to guaranteeing associations by foreign guaranteeing associations that are their correspondents, or by international organizations, are exempt from payment of import and export duties and taxes and are not subject to any prohibitions or restrictions during import and export.
1. The Guaranteeing Association undertakes to pay any import or export duties and taxes due, as well as any late interest that may be due under the customs laws and regulations of the country in which the violation in connection with the TIR operation is discovered. The Guarantee Association undertakes to pay the amounts mentioned above in joint and several liability with the persons from whom these amounts are due.
2. In cases where the laws and regulations of a Contracting Party do not provide for the payment of import or export duties and taxes as provided for in paragraph 1 above, the guaranteeing association undertakes to pay, under similar conditions, an amount equal to the sum of the import or export duties and taxes. and any late interest.
3. Each Contracting Party shall fix the maximum amount of the sums which may be claimed from the guaranteeing association under one TIR Carnet on the basis of the provisions of paragraphs 1 and 2 above.
4. The guaranteeing association becomes responsible towards the competent authorities of the country in which the customs office of departure is located from the moment the TIR Carnet is accepted by that customs office for processing. In the following countries, through whose territory the carriage of goods under the TIR procedure continues, this liability begins from the moment of importation of the goods or, if the TIR operation is suspended in accordance with the provisions of paragraphs 1 and 2 of Article 26, from the moment the TIR Carnet is accepted for clearance by Customs, in which the TIR operation is resumed.
5. The Guarantee Association is responsible not only for the goods listed in the TIR Carnet, but also for any goods which, not being listed in this Carnet, are in a sealed part of a road vehicle or in a sealed container. The association is not responsible for any other cargo.
6. For the purpose of determining the amounts of duties and taxes referred to in paragraphs 1 and 2 of this article, the data relating to the goods entered in the TIR Carnet shall be accepted as valid, unless proven otherwise.
7. When the amounts referred to in paragraphs 1 and 2 of this Article become due, the competent authorities shall, as far as possible, require the payment of these amounts from the person or persons from whom these amounts are directly due, before suing the guaranteeing association.
1. The Guarantee Association shall determine the period of validity of the TIR Carnet, indicating its expiry date, after which the Carnet may not be presented to the Customs office of departure for customs clearance.
2. If the carnet has been accepted for clearance by the Customs office of departure on or before the last day of its validity, as provided for in paragraph 1 of this Article, the carnet is valid until the completion of the TIR operation at the Customs office of destination.
1. Customs clearance of a TIR Carnet may be made with or without reservations; if reservations are made, they must refer to facts relating to the TIR operation itself. These facts must be noted in the TIR Carnet.
2. If the customs authorities of a country have issued a TIR Carnet without reservations, they may no longer require the guaranteeing association to pay the amounts referred to in paragraphs 1 and 2 of Article 8, unless the certificate of customs clearance was obtained illegally or fraudulently. way.
1. If the TIR Carnet has not been issued, or if this registration has been made subject to reservations, the competent authorities shall not have the right to require the guaranteeing association to pay the amounts referred to in Article 8, paragraphs 1 and 2, if, within a period of one year, counting from the date of acceptance of the TIR Carnet for clearance by these authorities, they did not notify the guaranteeing association in writing of the refusal of customs clearance or of clearance with a reservation. This provision shall also apply in the case of customs clearance obtained illegally or fraudulently, but in such a case the period shall be two years.
2. The claim for payment of the sums referred to in paragraphs 1 and 2 of Article 8 shall be forwarded to the guaranteeing association not earlier than three months from the date of notification of this association of the refusal to issue customs clearance of the carnet, of its formalization with a reservation, or of the formalization obtained illegally or fraudulently, and no later than two years from the same date. However, as regards cases referred to the court within the above two-year period, the demand for payment shall be forwarded within one year from the date of entry into force of the judgment.
3. The guaranteeing association has a period of three months from the date of the demand for payment sent to it for the payment of the amounts claimed. The sums paid will be returned to the association if, within two years following the date of the demand for payment made against it, convincing evidence is presented to the customs authorities that no irregularities have occurred in respect of the transport in question.
Chapter III. TRANSPORTATION OF GOODS USING THE TIR CARNETa) Approval for carriage of vehicles and containers
In order to be subject to the provisions of sections a) and b) of this chapter, every road vehicle must comply, as regards its construction and its equipment, with the conditions set out in Annex 2 to this Convention and must be approved for carriage in accordance with the procedure provided for in Annex 3 to this Convention. The certificate of approval must comply with the model given in Appendix 4.
1. To be subject to the provisions of sections a) and b) of this chapter, containers must be constructed in accordance with the conditions specified in Annex 7, Part I, and must be approved for carriage in accordance with the procedure laid down in Part II of this the same applications.
2. Containers authorized for carriage under Customs seals under the Customs Convention on Containers, 1956, agreements arising therefrom under the auspices of the United Nations, the Customs Convention on Containers, 1972, or any international instrument which may replace or modify this last Convention shall be considered as complying with the provisions of paragraph 1 above and shall be accepted for carriage under the TIR procedure without a new approval.
1. Each Contracting Party reserves the right not to recognize the validity of the approval of road vehicles or containers that do not meet the conditions set out in Articles 12 and 13 above. However, Contracting Parties should not delay carriage when the defects found are minor and do not create for smuggling.
2. Before being reused for the carriage of goods under customs seals, any road vehicle or container that no longer satisfies the conditions that served as the basis for its approval must either be restored to its original condition or be re-approved.
b) Transportation procedure under the TIR Carnet
1. When temporarily importing a road vehicle, a combination of vehicles or a container used for the carriage of goods in compliance with the TIR procedure, no special customs document is required. No warranties are required for a road vehicle, combination of vehicles or container.
2. The provisions of paragraph 1 of this Article shall not prevent a Contracting Party from requiring that the formalities provided for by its national regulations be carried out at the Customs office of destination to ensure that, after the end of a TIR operation, the road vehicle, combination of vehicles or container is exported.
When a TIR operation is carried out by a road vehicle or combination of vehicles, they must be affixed with rectangular plates bearing the inscription "TIR" complying with the requirements given in annex 5 to this Convention; one plate shall be placed at the front and another of the same kind at the rear of the road vehicle or combination of vehicles. These plates must be placed in such a way that they are clearly visible and must be removable.
1. One TIR Carnet shall be drawn up for each road vehicle or container. However, a single TIR Carnet may be drawn up for a combination of vehicles or for several containers loaded on one road vehicle or for a combination of vehicles. In this case, the cargo manifest of the TIR Carnet must indicate separately the contents of each vehicle that forms part of the composition of vehicles or each container.
2. The TIR Carnet is valid for one carriage only. It must contain at least as many vouchers for the acceptance of the carnet for customs clearance and for its clearance, as necessary for the implementation of this transportation.
A TIR operation may be carried out through several Customs offices of departure and destination; however, except with the express permission of the Contracting Party or Contracting Parties concerned,
a) the Customs offices of departure must be located in only one country;
b) Customs offices of destination must be located in no more than two countries;
c) total number customs offices of departure and destination should not exceed four.
The goods and road vehicle, combination of vehicles or container must be presented at the Customs office of departure together with the TIR Carnet. The Customs authorities of the country of departure shall take the necessary measures to ascertain the accuracy of the consignment manifest and to affix Customs seals or to control the Customs seals affixed under the responsibility of said Customs authorities by duly authorized persons.
Customs authorities may set a certain period of time for transports within their own country and require that the road vehicle, combination of vehicles or container follow the prescribed route.
At each Customs office en route and at the Customs offices of destination, the road vehicle, combination of vehicles or container shall be presented for control to the Customs authorities with the goods contained therein and with the TIR Carnet relating to the goods carried.
1. Except in the case of inspection of goods carried out by the customs authorities in accordance with the provision contained in paragraph 2 of Article 5, customs officers en route of each of the Contracting Parties shall, as a rule, recognize seals and seals affixed by the customs authorities of other Contracting Parties, provided that they are not damaged. However, these employees may, if required by the need for control, additionally apply their own seals and seals.
2. Customs seals recognized by the Contracting Parties shall enjoy in their territory the protection of the same legal provisions as national customs seals.
Customs authorities may only in exceptional cases:
Require that road vehicles, combinations of vehicles or containers, when passing through the territory of their country, be escorted at the expense of the carriers;
Check and inspect the cargo of road vehicles, the composition of vehicles or containers en route.
If Customs authorities carry out inspections of goods in a road vehicle, combination of vehicles or container en route or at a Customs office en route, they must make a note of the new seals and seals applied and the nature of the controls carried out on the vouchers of the TIR Carnet used in their country, on corresponding spines, as well as on the remaining vouchers of the TIR Carnet.
If the customs seals and seals are damaged in transit under conditions other than those provided for in Articles 24 and 35, or if the goods are lost or damaged, but the seals or seals are not damaged, the procedure set out in Annex 1 to this Convention shall be followed. regarding the use of the TIR Carnet, without prejudice to the possibility of applying the provisions of national legislation and, in addition, the protocol contained in the TIR Carnet must be completed.
1. When a part of the transport using a TIR Carnet is carried out through the territory of a State which is not a Contracting Party to this Convention, the TIR operation shall be suspended for that part of the journey. In this case, the customs authorities of the Contracting Party through whose territory the transport then continues, accept the TIR Carnet for the resumption of the TIR operation, provided that the customs seals and/or identification marks are not damaged.
2. The same provision applies to that part of the route on which the TIR Carnet is not used by the holder of the Carnet in the territory of the Contracting Party in connection with the implementation of simpler Customs transit procedures or when the application of the Customs transit regime is not necessary.
3. In these cases, the Customs offices at which the TIR operation was interrupted or resumed will be considered as Customs offices en route for entry or exit from the country, respectively.
Subject to the provisions of this Convention and in particular Article 18 thereof, the Customs office of destination originally designated may be replaced by another Customs office of destination.
Upon arrival of the goods at the Customs office of destination and provided that the goods are transferred to a different customs regime or are cleared of duties for domestic consumption, the customs clearance of the TIR Carnet is carried out immediately.
c) Provisions concerning the carriage of heavy goods
or bulky goods
1. The provisions of this section shall apply only to the carriage of heavy or bulky goods, as defined in paragraph k) of Article 1 of this Convention.
2. If the provisions of this section apply, the carriage of heavy or bulky goods may, by decision of the customs authorities of the place of departure, be carried out by means of unsealed means of transport or containers.
3. The provisions of this section shall apply only if, in the opinion of the customs authorities of the place of departure, heavy or bulky goods, as well as any accessories carried at the same time, can be easily identified by their description or provided with customs seals and/or identification marks. signs in such a way as to prevent any substitution or removal of the said goods without leaving visible traces.
All the provisions of this Convention, with the exception of those derogated from by the special provisions of this Section, shall apply to the carriage of heavy or bulky goods under the TIR procedure.
The liability of the guaranteeing association extends not only to the goods listed in the TIR Carnet, but also to the goods which, although not listed in this Carnet, are on the platform or between the goods listed in the TIR Carnet.
On the cover and on all vouchers of the TIR Carnet, the inscription "Heavy or bulky goods" in English or French must be written in bold type.
The Customs authorities of the place of departure may require that packing lists, photographs, drawings, etc., considered necessary for the identification of the goods transported, be attached to the TIR Carnet. In this case, they certify these documents; one copy specified documents is attached to the inside cover of the TIR Carnet and a note is made in all manifests of the Carnet about the presence of these documents.
The customs authorities of the intermediate customs offices of each Contracting Party shall recognize customs seals and/or identification marks imposed by the competent authorities of other Contracting Parties. They may, however, add other seals and/or identification marks; in this case, they shall make a note of the new seals and/or identification marks applied on the vouchers of the TIR Carnet used in their country, on the respective spines, as well as on the remaining vouchers of the TIR Carnet.
If, en route or at a Customs office en route, the cargo inspection officers are forced to remove the seals and/or identification marks, they shall make a note of the applied new seals and/or identification marks on the vouchers of the TIR Carnet used in their country, on the respective spines. , as well as on the remaining vouchers of the TIR Carnet.
Chapter IV. VIOLATION OF THE CONVENTIONAny violation of the provisions of this Convention will result in the application to the perpetrator in the country in which the violation was committed, the sanctions provided for by the legislation of that country.
In cases where it is not possible to determine in which territory the infringement occurred, it shall be deemed to have occurred in the territory of the Contracting Party where it was discovered.
1. Each Contracting Party shall have the right to temporarily or permanently deprive of the right to enjoy the provisions of this Convention any person guilty of a serious violation of the customs laws or regulations applicable in the international transport of goods.
2. Such deprivation of the right shall be immediately reported to the customs authorities of the Contracting Party in whose territory the person in question is present or has its permanent residence, as well as to the guaranteeing association(s) in the country in which the infringement has been committed.
Where TIR operations are found to be otherwise properly executed:
1. The Contracting Parties shall not pay attention to minor discrepancies concerning the observance of prescribed dates or routes.
2. In the same way, discrepancies between the details given in the TIR Carnet cargo manifest and the contents of the road vehicle, combination of vehicles or container shall not be considered as a violation of this Convention by the owner of the TIR Carnet, if there is evidence to the satisfaction of the competent authorities that these discrepancies are not the result of errors made intentionally or through negligence in loading or dispatching the goods or in drawing up the said manifest.
The Customs authorities of the country of departure and the country of destination do not hold the holder of the TIR Carnet responsible for discrepancies that may be established in these countries, if these discrepancies relate respectively to the Customs regimes that were applied before or after the TIR operation and to which the owner of the said Carnet had nothing to do .
If the customs authorities consider sufficient evidence that the goods indicated in the manifest of the TIR Carnet were destroyed or irretrievably lost as a result of a traffic accident or force majeure, or that the shortage is the result of causes inherent in the goods, they exempt from payment duties and taxes normally due.
Upon receipt of a request from a Contracting Party stating the relevant reasons, the competent authorities of the Contracting Parties interested in the given TIR operation shall provide it with all the information at their disposal necessary for the application of the provisions of Articles 39, 40 and 41 above.
Chapter V. EXPLANATORY NOTESThe explanatory notes in Annexes 6 and 7 (Part III) provide an interpretation of certain provisions of this Convention and its annexes. They also describe some recommended practices.
Chapter VI. MISCELLANEOUS REGULATIONSEach Contracting Party shall provide interested guaranteeing associations with facilities in respect of:
a) a transfer of the currency necessary for the payment of amounts charged by the competent authorities of the Contracting Parties by virtue of the provisions of Article 8 of this Convention; and
b) the transfer of the currency required to pay for the forms of the TIR Carnet sent to guaranteeing associations by foreign associations that are their correspondents or international organizations.
Each Contracting Party shall publish a list of Customs offices of departure, Customs offices en route and Customs offices of destination which it designates for TIR operations. The Contracting Parties of the countries whose territories are in contact will be consulted in order to determine, by mutual agreement, the respective border customs offices and their opening hours.
1. The performance by Customs officers of the formalities referred to in this Convention shall not entitle to claim the payment of fees, unless these formalities are carried out on the days and hours and in the places normally provided for their production.
2. The Contracting Parties will take all measures in their power to facilitate customs operations involving perishable goods.
1. The provisions of this Convention shall not prevent the application of restrictions and controls arising from national regulations and based on considerations of public morals, public safety, health or hygiene, or on grounds of a veterinary or phytopathological nature, nor the collection of fees due under these regulations. .
2. The provisions of this Convention shall not preclude the application of other national or international provisions governing carriage.
Nothing in this Convention precludes the right of Contracting Parties forming a Customs or Economic Union to apply special rules in relation to traffic originating or destination in their territories, or in transit through their territories, provided that such rules do not limit the benefits provided for in this Convention.
The provisions of this Convention shall not prevent the application of greater facilities which the Contracting Parties grant or wish to grant either under unilateral provisions or in accordance with bilateral or multilateral agreements, provided that such facilities do not prevent the application of the provisions of this Convention and, in particular, the conduct of operations TIR.
The Contracting Parties shall exchange, upon request, information necessary for the application of the provisions of this Convention, in particular information concerning the approval of road vehicles or containers, as well as specifications their designs.
Annexes to this Convention are an integral part of the Convention.
Chapter VII. FINAL PROVISIONSSignature, ratification, acceptance, approval
and accession
1. All States Members of the United Nations, or members of any specialized agency or of the International Atomic Energy Agency, or parties to the Statute of the International Court of Justice, and any other State invited by the General Assembly of the United Nations, may become Contracting Parties to this Convention:
a) by signing it without reservation as to ratification, acceptance or approval;
b) by depositing an instrument of ratification, acceptance or approval after it has been signed subject to ratification, acceptance or approval;
c) by depositing an instrument of accession.
2. This Convention shall be open for signature by the States referred to in paragraph 1 of this Article at the United Nations Office at Geneva from 1 January 1976 until 31 December 1976 inclusive. After this date it will be open for joining.
3. Customs or economic unions may also, subject to the provisions of paragraphs 1 and 2 of this article, become Contracting Parties to this Convention at the same time as all of their Member States or at any time after all Member States have become Contracting Parties to this Convention. However, these unions do not have voting rights.
4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.
Entry into force
1. This Convention shall enter into force six months after the date on which five of the States referred to in article 52, paragraph 1, have signed it without reservation as to ratification, acceptance or approval, or have deposited their instruments of ratification, acceptance or approval. or accession.
2. After five of the States referred to in article 52, paragraph 1, have signed it without reservation as to ratification, acceptance or approval, or have deposited their instruments of ratification, acceptance, approval or accession, this Convention shall enter into force for all subsequent Contracting Parties upon the expiration of six months from the date of deposit by them of their instruments of ratification, acceptance, approval or accession.
3. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention shall be deemed to apply to the amended text of this Convention.
4. Any such instrument deposited after the adoption of an amendment but before its entry into force shall be deemed to apply to the amended text of this Convention from the date on which that amendment enters into force.
Denunciation
1. Each Contracting Party may denounce this Convention by means of a notification addressed to the Secretary-General of the United Nations.
2. The denunciation shall take effect fifteen months after the date of receipt by the Secretary General of this notification.
3. The validity of TIR Carnets accepted for clearance by the Customs office of the country of departure before the effective date of the denunciation shall not be affected by this denunciation and the guarantee of the guaranteeing associations shall remain in force in accordance with the terms of this Convention.
Termination
If, after the entry into force of this Convention, the number of States which are Contracting Parties is less than five for any period of consecutive twelve months, this Convention shall cease to be in force at the expiration of the above period of twelve months.
Termination of the TIR Convention 1959
1. From the moment this Convention enters into force, it shall cancel and replace, as between the Contracting Parties to this Convention, the TIR Convention, 1959.
2. Certificates of approval issued in respect of road vehicles and containers in accordance with the terms of the TIR Convention, 1959, shall be accepted by the Contracting Parties to this Convention during their validity or any extension thereof for the transport of goods under Customs seals and seals, provided that such vehicles and containers continue to meet the requirements under which they were originally approved for transport.
Dispute Resolution
1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, as far as possible, be settled by negotiation between the parties to the dispute or other means of settlement.
2. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which cannot be settled by the means provided for in paragraph 1 of this Article shall, at the request of one of them, be submitted to an arbitral tribunal constituted as follows: each party to the dispute shall appoint an arbitrator and these arbitrators appoint another arbitrator who becomes the chairman. If, after three months from the date of receipt of the request, one of the participants has not appointed an arbitrator or the arbitrators have been unable to elect a chairman, either party may request the Secretary-General of the United Nations to appoint an arbitrator or chairman of the arbitral tribunal.
3. The decision of the arbitral tribunal appointed in accordance with the provisions of paragraph 2 shall be binding on the disputing parties.
4. The arbitral tribunal shall establish its own rules of procedure.
5. Decisions of the arbitral tribunal are adopted by a majority of votes.
6. Any disagreement that may arise between the disputing parties regarding the interpretation and enforcement of an award may be referred by either party to the arbitral tribunal that made the award.
Reservations
1. Each State may, at the time of signing, ratifying or acceding to this Convention, declare that it does not consider itself bound by Article 57, paragraphs 2 to 6, of this Convention. Other Contracting Parties shall not be bound by these paragraphs in respect of any Contracting Party which has made such a reservation.
2. Any Contracting Party which has made a reservation in accordance with paragraph 1 of this article may at any time withdraw that reservation by notification addressed to the Secretary-General of the United Nations.
3. Except for the reservations provided for in paragraph 1 of this article, no other reservations to this Convention shall be permitted.
Procedure for amending this Convention
1. Amendments to this Convention, including its annexes, may be made at the proposal of any Contracting Party in accordance with the procedure established in this article.
2. Any proposed amendment to this Convention shall be considered by an Administrative Committee composed of all Contracting Parties in accordance with the rules of procedure set out in Annex 8. Any such amendment considered or drafted at a session of the Administrative Committee and approved by the Committee by a two-thirds majority of those present and voting , is sent by the Secretary General of the United Nations to the Contracting Parties for acceptance.
3. Except as provided in Article 60, any proposed amendment circulated in accordance with the preceding paragraph shall enter into force, for all Contracting Parties, three months after the expiration of a twelve-month period after the date of communication of the proposed amendment, if, within that period, the General The Secretary of the United Nations has received no objection from any State that is a Contracting Party to the proposed amendment.
4. In the event of an objection to a proposed amendment submitted in accordance with the provisions of paragraph 3 of this article, the amendment shall be deemed not accepted and no action shall be taken in connection with it.
Special procedure for amending annexes 1, 2, 3, 4, 5, 6 and 7
1. Any proposed amendment to Annexes 1, 2, 3, 4, 5, 6 and 7 considered in accordance with paragraphs 1 and 2 of Article 59 shall enter into force on the date fixed by the Administrative Committee at the time of its adoption, unless earlier within the time limit set by the Administrative Committee at the same time, one-fifth or five of the States which are Contracting Parties, whichever is the lower of the two figures, shall not notify the Secretary-General of the United Nations that they object to the amendment. The determination by the Administrative Committee of the dates referred to in this paragraph shall be made by a two-thirds majority of those present and voting.
2. On entry into force, any amendment adopted in accordance with the procedure set out in paragraph 1 above shall supersede, for all Contracting Parties, any previous provision to which the amendment relates.
Suggestions, messages and objections
The Secretary-General of the United Nations shall inform all Contracting Parties and all States referred to in paragraph 1 of Article 52 of this Convention of all proposals, communications or objections made under Articles 59 and 60 above and of the date on which each amendment enters into force.
Revision Conference
1. Any State which is a Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising this Convention.
2. A revision conference, to which all Contracting Parties and all States referred to in paragraph 1 of Article 52 are invited, shall be convened by the Secretary-General of the United Nations if, within six months after the date of notification by the Secretary-General, at least one quarter of the States that are Contracting Parties inform him of his acceptance of this request.
3. A revision conference, to which all Contracting Parties and all States referred to in paragraph 1 of Article 52 are invited, shall also be convened by the Secretary-General of the United Nations upon such request from the Administrative Committee. The Administrative Committee shall decide whether such a request should be made by a majority of those present and voting in the Committee.
4. If a conference is convened in accordance with paragraphs 1 and 3 of this article, the Secretary-General of the United Nations shall so notify all Contracting Parties and request them to submit to him within three months the proposals which they consider desirable to be considered by the conference. At least three months before the opening of the conference, the Secretary General shall communicate to all Contracting Parties the provisional agenda of the conference, as well as the text of these proposals.
Notifications
In addition to the notifications and communications provided for in Articles 61 and 62, the Secretary-General of the United Nations shall notify all States referred to in Article 52:
a) signature, ratification, acceptance, approval and accession in accordance with Article 52;
b) the dates of entry into force of this Convention in accordance with Article 53;
c) denunciations in accordance with Article 54;
d) termination of this Convention in accordance with Article 55;
e) reservations made in accordance with article 58.
Authentic text
After 31 December 1976, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the Contracting Parties and to each of the States referred to in paragraph 1 of Article 52 that are not Contracting Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.
Done at Geneva this fourteenth day of November, one thousand nine hundred and seventy-five, in a single copy in the English, Russian and French languages, all three texts being equally authentic.
ApplicationsAttachment 1
Sample TIR CARNETThe TIR Carnet is printed in French, except for the front side of the cover, the headings of which are also printed on English language; "Rules for the use of the TIR Carnet" are reproduced in English on page 3 of this cover.
| (Name of international organization) |
TIR Carnet<*>N
| 1. Valid for the acceptance of goods by the customs office of departure until (date) _____ inclusive | |
| 2. Issued by (by)_________________________________________________ | |
| (name of the association issuing the document) | |
| 3. Holder _________________________________________________ ______________________________________________________________ | |
| (last name, address, country) | |
| 4. Signature of the representative of the association issuing the document and the seal of this association ____________________________________ | 5. Signature of the secretary of the international organization __________________ |
| (To be completed prior to use by the carnet holder) | |
| 6. Country of departure ____________________________________________ | |
| 7. Country(s) of destination<1> _______________________________________ | |
| ______________________________________________________________ | |
| 8. Registration number(s) of the road vehicle(s) (-)<1> | |
| 9. Certificate(s) of approval of the road vehicle(s) (-) (number and date)<1> | |
| ______________________________________________________________ ______________________________________________________________ | |
| 10. Identification number(s) of the container(s)<1> ______________________________________________________________ | |
| 11. Other remarks ______________________________________________ ______________________________________________________________ | |
| ____________________________________ | |
| <1>Delete unnecessary. | 12. Signature of the carnet holder ____________________________ |
<*>See Annex 1 to the TIR Convention 1975 drawn up
under the auspices of the Economic Commission for Europe Organization
United Nations.
RULES FOR THE USE OF THE TIR CARNET A. General Provisions1. Issuance: The TIR Carnet is issued in the country of departure or in the country where the holder is located or has his permanent residence.
2. Language: The TIR Carnet is printed in French, except for the front cover, the headings of which are also printed in English. "Rules for the use of the TIR Carnet" are reproduced in English on page 3 of this cover. In addition, additional pages with translations of printed text into other languages can be added.
3. Validity period: The TIR Carnet is valid until the completion of the TIR operation at the Customs office of destination, if it is issued at the Customs office of departure for the period set by the issuing association of the document (heading 1 of the front cover and heading 4 of the vouchers).
4. Number of Carnets: For a combination of vehicles (coupled vehicles) or for several containers loaded either on one vehicle or per combination of vehicles, one TIR Carnet is issued (see also point 10 (d)).
5. Number of Customs offices of departure and destination: Transport routes using a TIR Carnet may pass through several Customs offices of departure and destination; however, unless special permission is given:
a) the Customs offices of departure must be in the same country;
b) Customs offices of destination may be located in no more than two countries;
c) the total number of Customs offices of departure and destination may not exceed four (see also paragraph 10(e) below).
6. Number of sheets: If the route of transport passes only one Customs office of departure and one Customs office of destination, then the TIR Carnet must contain at least 2 sheets for the country of departure, 3 sheets for the country of destination and 2 sheets for each other country, the territory in which the shipment takes place. For each additional Customs office of departure or destination, 2 or 3 additional sheets are required respectively; in addition, 2 more sheets should be added if the customs of destination are in two different countries.
7. Presentation at Customs offices: The TIR Carnet must be presented together with the road vehicle, combination of vehicles or container(s) at each Customs office of departure, each Customs office en route and each Customs office of destination. At the last Customs office of departure, the customs officer signs and date stamps under the cargo manifest on all vouchers to be used for the rest of the route (item 19).
B. METHOD OF COMPLETING THE TIR CARNET8. Erasures, blots: There must be no erasures or blots in the TIR Carnet. All corrections must be made by crossing out erroneous indications and adding, if necessary, appropriate indications. Any change must be confirmed by the person who made it and certified by the customs authorities.
9. Particulars concerning registration: If the provisions of national legislation do not provide for the registration of trailers and semi-trailers, then the identification or production number should be indicated instead of the registration number.
10. Manifest:
a) The manifest must be completed in the language of the country of departure, unless the customs authorities permit the use of another language. The customs authorities of other countries through which the carriage is carried out reserve the right to require the manifest to be translated into the language of their country. In order to avoid delays that may be caused by this requirement, carriers are advised to have appropriate translations at their disposal.
b) Instructions entered on the manifest must be typed or hectographed so that they are legible on all sheets. Sheets filled out illegibly are not accepted by the customs authorities.
c) If there is not enough space on the manifest to enter details of all goods carried, vouchers may be accompanied by additional slips of the same type as the manifest or commercial documents showing all the details that appear on the manifest. In this case, the following information must be entered on all vouchers:
i) number of additional sheets (item 10);
ii) the number and type of packages or items, and the total gross weight of the goods listed on these supplementary sheets (items 11 to 13).
d) If the TIR Carnet is issued for a set of vehicles or for several containers, the contents of each vehicle or each container must be indicated separately in the manifest. This instruction must be preceded by registration number vehicle or container identification number (section 11 of the manifest).
e) If the transport route passes through several Customs offices of departure or destination, the entries concerning the goods accepted for clearance or the goods destined for each Customs office must also be entered separately from each other on the manifest.
11. Packing lists, photographs, diagrams, etc.: If, for the identification of heavy or bulky goods, the customs authorities require that such documents be attached to the TIR Carnet, these must be certified by the customs authorities and attached to page 2 of the cover of the carnet. In addition, all vouchers under heading 10 should list these documents.
12. Signature: All vouchers (sections 16 and 17) must be dated and signed by the holder of the TIR Carnet or his representative.
C. TRAFFIC ACCIDENTS| Voucher No. 2 | 1. TIR CARNET N ........ | ||||||
| (Pink colour) | |||||||
| 2. Customs office(s) of departure | 3. Issued by (name of the association issuing the document) | ||||||
| 1. ............ 2. ........ | |||||||
| 3. | |||||||
| 4. Valid for customs clearance of the place of departure up to and including | |||||||
| For official use | 5. Carnet holder (name, address, country) | ||||||
| 6. Country of departure | 7. Country(s) of destination | ||||||
| 8. Registration number(s) of the road vehicle(s)(-) | |||||||
| 9. Certificate(s) of approval (N and date) | 10. Documents attached to the manifest | ||||||
| CARGO MANIFESTO | |||||||
| 11. a) Cargo compartment(s) or container(s) b) Identification marks and numbers of packages or items | 12. Number and type of packages or items; cargo description | 13. Gross weight in kg | 18. Imposed seals or identification marks (number, identification) | ||||
| 14. Total number of packages recorded in the manifest | |||||||
| Destination | Number | 15. I declare that the information provided under sections 1 to 14 above is accurate and complete | 19. Customs office of departure Signature of customs officer and stamp of customs with date | ||||
| 16. Place and date | |||||||
| 17. Signature of the holder or his representative | |||||||
| 1. Customs | |||||||
| 2. Customs | |||||||
| 3. Customs | |||||||
| 20. Certificate of acceptance of the cargo for customs clearance (customs office of departure or en route customs office at entry) | 26. Certificate of completed customs clearance (en route customs office at exit or customs office of destination) | ||||||
| 21. Imposed seals and | 22. Duration of transit | 27. Imposed seals and seals | |||||
| identification seals or marks are found to be intact | or identification marks are found to be intact |
||||||
| 23. Registered by customs (which one) ... | 28. Number of registered packages | ||||||
| for N..... | |||||||
| 24. Miscellaneous (established route, customs where the goods must be presented, etc.) | 29. Reservations at checkout | ||||||
| 25. Signature of the customs officer and customs stamp with the date .............................................. ........ | 30. Customs officer's signature and dated stamp .............................................................. ... | ||||||
Yellow color
RULES CONCERNING THE SPECIFICATIONS APPLICABLE TO ROAD VEHICLES THAT MAY BE ADMISSIBLE IN INTERNATIONAL TRANSPORT UNDER CUSTOMS SEALSBasic principles
Only vehicles with cargo compartments designed and equipped in such a way may be allowed for the international carriage of goods under customs seals and seals:
(a) that goods cannot be removed from, or loaded into, the sealed part of the vehicle without leaving visible traces of tampering or damage to Customs seals;
c) that they do not have any secret places for concealing goods;
The design of the cargo compartments
1. To meet the requirements of Article 1 of these Rules:
a) the components of the load compartment (walls, floor, doors, uprights, frames, cross members, etc.) must be connected either by devices that cannot be removed from the outside and put back in place without leaving visible marks, or with using methods that provide a design that cannot be changed without leaving visible traces. When the walls, floor, doors and roof are made of different elements, they must meet the same requirements and be of sufficient strength;
b) doors and other closing systems (including stopcocks, manhole covers, flanges, etc.) must have a device on which Customs seals can be affixed. This device must be such that it cannot be removed from the outside and put back in place without leaving visible marks and that doors and locking devices cannot be opened without breaking the Customs seals. The latter must be suitably protected. It is allowed to make opening roofs;
c) ventilation and drainage openings must be provided with a device preventing access to the interior of the load compartment. This device must be of such a design that it cannot be removed from the outside and put back in place without leaving visible marks.
2. Notwithstanding the provisions of Article 1, subparagraph (c) of these Regulations, load compartment components are permitted which, for practical reasons, must include hollow spaces (eg between double wall components). To ensure that these spaces cannot be used to conceal cargo:
i) it is necessary, in cases where the inner plating covers the full height of the cargo compartment from floor to ceiling, or in cases where the space between the plating and the outer wall is completely closed, to ensure that the inner plating is secured in such a way that it cannot be remove and return to the place without leaving visible traces; and
ii) it is necessary in cases where the plating does not cover the full height of the load compartment and where the space between the plating and the outer wall is not completely closed, and in all other cases where there are void spaces in the structure of the load compartment, ensure that the number of specified spaces is limited to a minimum and that these spaces are easily accessible to customs control.
3. The installation of windows is allowed provided that they are made of sufficiently durable materials and cannot be removed from the outside and reinstalled without leaving visible marks. The installation of glass is nevertheless allowed, however, in this case, the window must be equipped with a firmly fixed metal grill that cannot be removed from the outside; the mesh size in the grid should not exceed 10 mm.
4. Openings made in the floor for technical purposes such as lubrication, maintenance, sandbox filling are only permitted provided they are fitted with a cover, which must be installed in such a way that access to the load compartment from the outside is not possible.
Sheeted vehicles
1. The provisions of Articles 1 and 2 of this Regulation shall apply to sheeted vehicles insofar as they may apply to them.
In addition, these vehicles must comply with the provisions of this Article.
2. The tarpaulin must be made of either strong canvas or non-stretchable, sufficiently strong, plastic-coated or rubberized fabric. The sheet must be in good condition and made in such a way that, once the closing device is attached, access to the load compartment is not possible without leaving visible marks.
3. If the tarpaulin is made up of several pieces, the edges of these pieces must be folded into one another and stitched with two seams spaced at least 15 mm apart. These seams should be made as shown in fig. N 1<*>attached to these Rules; however, if on some parts of the tarpaulin (for example, on folding floors and reinforced corners) it is not possible to connect the strips in this way, it is enough to fold the edge of the top of the tarpaulin and sew the strips as shown in fig. N 2 or 2a<*>attached to these Rules. One of the seams must be visible only from the inside, and the color of the thread used for this seam must definitely be different from the color of the canvas itself, as well as from the color of the thread used for the other seam. All seams must be machine stitched.
4. If the tarpaulin is made up of several pieces of fabric covered with plastic, these pieces can also be joined by soldering according to fig. N 3<*>attached to these Rules. The edge of each piece must overlap the edge of the other piece by at least 15mm. The connection of the pieces must be ensured over this entire width. The outer edge of the joint must be covered with a strip of plastic at least 7 mm wide applied in the same soldering manner. On this strip, as well as on each side thereof, at least 3 mm wide, a uniform, clear relief shall be stamped. The soldering is done in such a way that the pieces cannot be separated and rejoined without leaving visible marks.
5. Repair is carried out in the manner shown in fig. N 4<*>attached to these Rules; the edges to be sewn must be folded into one another and connected by two clearly visible seams spaced at least 15 mm apart; the color of the thread visible from the inside must be different from the color of the thread visible from the outside, and from the color of the tarpaulin itself; All seams must be machine stitched. Where a sheet damaged at the edges is repaired by replacing the damaged part with a patch, the seam may also be sewn in accordance with the provisions of paragraph 3 of this article and fig. N 1<*>attached to these Rules. The repair of a plastic-coated cloth tarpaulin may also be carried out in accordance with the method described in paragraph 4 of this article, but in this case the strip must be applied on both sides of the tarpaulin and the patch applied on the inside.
6. a) The sheet must be attached to the vehicle in strict accordance with the conditions laid down in Article 1 a) and b) of this Regulation. The use of the following types of fastening is envisaged:
i) metal rings attached to the vehicle;
ii) eyelets along the edges of the sheet;
iii) a rope or rope passing through the rings above the sheet and visible from the outside along its entire length.
The sheet must rest on the rigid part of the vehicle for at least 250 mm, measured from the center of the tie-down rings, unless the vehicle's structural system itself prevents access to the load compartment.
b) if it is necessary to ensure that the edges of the sheet are permanently fixed to the vehicle, the connection must be continuous and made with strong parts.
7. The tarpaulin must be supported by an appropriate structure (pillars, sides, arches, cross members, etc.).
8. The distance between the rings and the distance between the lugs should not exceed 200 mm. Eyelets must be rigid.
9. The following types of fastening should be used:
a) steel cable with a diameter of at least 3 mm; or
b) hemp or sisal rope, at least 8 mm in diameter, enclosed in a transparent, non-stretchable plastic sheath.
The cables may be enclosed in a transparent, non-stretchable plastic sheath.
10. Each cable or rope must be one piece and have metal ends at both ends. The fixture for attaching each metal tip shall include a hollow rivet which passes through the cable or rope and through which twine or tape for Customs seals and seals can be passed. The cable or rope must remain visible on both sides of the hollow rivet so that it can be verified that it is indeed one piece (see Fig. No. 5<*>attached to these Rules).
11. Where the tarpaulin has openings used for loading and unloading, both edges of the tarpaulin should overlap accordingly. They should also be fixed with:
a) a folding floor sewn or welded in accordance with the provisions of paragraphs 3 and 4 of this article;
b) rings and lugs complying with the conditions of paragraph 8 of this Article; and
c) a belt, made from a single piece of suitable non-stretch material, not less than 20 mm wide and not less than 3 mm thick, passing through the rings and connecting both edges of the sheet and the folding floor; the belt is attached to the inside of the sheet and must have an eye for passing through the cable or rope referred to in paragraph 9 of this article.
A folding floor is not needed if there is a special device (protective partition, etc.) that prevents access to the load compartment without leaving visible marks.
<*>Figures N N 1, 2, 2a, 3, 4, 5 are not shown.
Appendix 3
PROCEDURE FOR APPROVAL OF ROAD VEHICLES THAT MEET THE TECHNICAL REQUIREMENTS PROVIDED BY THE REGULATIONS REFERRED IN ANNEX 2 General provisions1. Road vehicles may be accepted for carriage under one of the following procedures:
a) either on an individual basis,
b) either by type of construction (series of road vehicles).
2. For each vehicle approved for carriage, a certificate of approval shall be issued in accordance with the model given in annex 4. This certificate must be printed in the language of the country of issue and in French or English. When the competent authority that issued the certificate considers it necessary, photographs or drawings certified by that authority shall be attached to the certificate. In this case, the number of these documents is indicated by this body in heading No. 6 of the certificate.
3. The certificate must accompany the road vehicle.
4. Road vehicles shall be submitted every two years for inspection and, if necessary, for renewal of the certificate, to the competent authorities of the country of their registration or, in the case of an unregistered vehicle, to the competent authorities of the country in which its owner or user resides.
5. If the road vehicle no longer responds technical requirements prescribed by the approval procedure, before it can be used for the transport of goods under a TIR Carnet, it must be restored to the condition that gave rise to its approval, so as to again meet these technical requirements.
6. If the main characteristics of a road vehicle are changed, the approval of that vehicle is no longer valid and it is subject to a new approval procedure by the competent authority before it can be used for the carriage of goods under the TIR Carnet.
7. The competent authorities of the country of registration of the vehicle or, in the case of vehicles for which registration is not required, the competent authorities of the country where the owner or user of the vehicle lives, may, as appropriate, withdraw or renew the certificate of approval or issue a new certificate of approval. admission under the circumstances set out in Article 14 of this Convention and paragraphs 4, 5 and 6 of this Annex.
INDIVIDUAL ADMISSION PROCEDURE8. An application for an individual approval shall be submitted to the competent authority by the owner, the operator of the vehicle or a representative of one or the other. The competent authority shall control the submitted road vehicle in accordance with the general rules provided for in paragraphs 1 to 7 above, verify that it complies with the specifications prescribed in annex 2 and issue, after approval, a certificate conforming to the model given in annex 4 .
TYPE APPROVAL PROCEDURE (ROAD VEHICLE SERIES)9. When road vehicles of the same design type are mass-produced, the manufacturer may apply to the competent authority of the country in which they are produced for type approval.
10. The manufacturer must indicate in his application the identification numbers or letters that he assigns to the type of road vehicle that is the subject of his application.
11. This application must be accompanied by drawings and detailed description the design type of the road vehicle to be approved.
12. The manufacturer must undertake in writing:
(a) present to the competent authority those vehicles of the given type which that authority wishes to inspect;
b) allow the competent authority to inspect other examples at any time during series production of the type;
c) inform the competent authority of any even minor changes to the drawings or design descriptions before these changes are made;
d) affix in a conspicuous place on road vehicles identification numbers or letters of the design type, as well as the serial number of each serial produced vehicle of this type (serial number);
e) keep records of vehicles manufactured in accordance with the approved type.
13. The competent authority shall indicate, if necessary, the modifications to be made to the intended design type in order to be accepted for carriage.
14. No vehicle may be approved under the type approval procedure unless the competent authority has concluded, on the basis of an inspection of one or more vehicles built to that type, that the vehicles of that type meet the specifications set out in annex 2. .
15. The competent authority shall notify writing the manufacturer about its decision on approval by design type. This decision must be dated, numbered and contain the exact name of the body that adopted it.
16. The competent authority shall take the necessary steps to issue a certificate of approval, duly certified by it, for each vehicle constructed in accordance with an approved design type.
17. Before using a vehicle for the transport of goods using a TIR Carnet, the holder of the certificate of approval shall, if required, enter in the certificate of approval:
The registration number assigned to the vehicle (item 1), or
When it comes to a vehicle not subject to registration, your name and business address (item 8).
18. When a vehicle approved for carriage by design type is exported to another country which is a Contracting Party to this Convention, no further import approval procedure is required in that country.
PROCEDURE FOR MARKING THE CERTIFICATE OF APPROVAL19. If serious malfunctions are found in an approved vehicle transporting goods using a TIR Carnet, the competent authorities of the Contracting Parties may either prohibit the further movement of the vehicle using the TIR Carnet, or allow the further movement of the vehicle using the TIR Carnet within their territory, by accepting necessary control measures. An approved vehicle must be restored to a satisfactory condition as soon as possible. short term and in any case until its new use for the transport of goods under the TIR Carnet.
20. In each of these cases, the customs authorities make an appropriate entry in section 10 of the certificate of approval of the vehicle. After the vehicle has been repaired and brought to a condition that satisfies the conditions of approval, it must be presented to the competent authorities of the Contracting Party, which shall renew the certificate by entering in section 11 a note canceling the previous marks. No vehicle bearing a mark in section 10 of the certificate in accordance with the said provisions may be re-used for the carriage of goods under the TIR Carnet until appropriate repairs have been made and the marks in section 10 have been canceled as indicated. above.
21. Each mark entered in the certificate must be certified by the customs authorities, and the date of its making must be indicated.
22. If the vehicle has such malfunctions that, in the opinion of the customs authorities, are not of a serious nature and do not create the possibility of smuggling, then the further use of this vehicle for the transport of goods using the TIR Carnet may be allowed. The holder of the certificate of approval shall be made aware of these faults and shall have his vehicle repaired accordingly within a reasonable time.
Appendix 4
Sample CERTIFICATESpage 1
Attention1. When the competent authority that issued the certificate of approval considers it necessary, photographs or drawings certified by that authority shall be attached to the certificate. In this case, the number of these documents is indicated by this body in heading No. 6 of the certificate.
2. The certificate must accompany the road vehicle.
3. Road vehicles shall be submitted every two years for inspection and, if necessary, for renewal of the certificate, to the competent authorities of the country of their registration or, in the case of an unregistered vehicle, to the competent authorities of the country in which its owner lives or user.
4. If a road vehicle no longer meets the technical requirements prescribed by the approval procedure, before it can be used for the transport of goods under the TIR Carnet, it must be restored to the condition that served as the basis for its approval, so that again meet these technical requirements.
5. If the main characteristics of a road vehicle are changed, the approval of that vehicle is no longer valid and it is subject to a new approval procedure by the competent authority before it can be used for the carriage of goods under the TIR Carnet.
page 2
CERTIFICATE OF APPROVAL OF A ROAD VEHICLE FOR CARRIAGE OF GOODS UNDER CUSTOMS SEALS AND SEALSCertificate N
TIR Convention of .......... 19 .....
Issued by (name of competent authority)
page 3
| CERTIFICATE OF APPROVAL N ... | |||||
| IDENTIFICATION | |||||
| 1. Registration number | |||||
| 2. Vehicle type | |||||
| 3. Chassis number | |||||
| 4. Brand (or name of the manufacturer) | |||||
| 5. Other data | |||||
| 6. Number of applications | |||||
| 7. ASSUMPTION Valid until | |||||
| individual assumption | |||||
| assumption by type of construction (mark with a cross in the appropriate box) | |||||
| Place | |||||
| the date | |||||
| Signature | |||||
| 8. OWNER (only for unregistered vehicles) Name and address | |||||
| 9. RENEWALS | |||||
| Valid until | |||||
| Place | |||||
| the date | |||||
| Signature | |||||
page 4
Remarks(to be completed by the competent authorities)
| 10. Noticed faults | |||
| Competent authority | Seal | Competent authority Signature | Seal |
| Signature | |||
| 10. Noticed faults | 11. Troubleshooting | ||
| Competent authority | Seal | Competent authority | Seal |
| Signature | Signature | ||
| 10. Noticed faults | 11. Troubleshooting | ||
| Competent authority | Seal | Competent authority | Seal |
| Signature | Signature | ||
12. Other remarks
SEE INSTRUCTIONS ON THE BACK
Appendix 5
tables1. The size of the signs must be: 250 mm x 400 mm.
2. The letters TIR in capital Latin letters must be 200 mm high and have a line width of at least 20 mm. Letters must be white on a blue background.
<*>The abbreviation TIR corresponds to the Russian abbreviation TIR.
Appendix 6
EXPLANATORY NOTES Introduction(i) Subject to the provisions of Article 43 of this Convention, the Explanatory Notes provide an interpretation of certain provisions of this Convention and its annexes. They also describe some recommended practices.
ii) The Explanatory Notes do not change the provisions of this Convention or its annexes, but only clarify their content, meaning and scope.
iii) In particular, in connection with the provisions of Article 12 of this Convention and Annex 2 thereto regarding the technical conditions for the approval of road vehicles for transport under Customs seals and seals, the Explanatory Notes contain, as appropriate, indications of design features to be considered by Contracting Parties Parties as complying with these provisions. Explanatory notes may also indicate, as appropriate, which design features do not comply with these provisions.
(iv) The Explanatory Notes shall ensure that the provisions of this Convention and its Annexes can be applied in the light of technical progress and the requirements of the economic order.
0. BASIC TEXT OF THE CONVENTION0.1. b) The expression "excluding amounts and charges" in subparagraph b) of Article 1 means all amounts, other than import or export duties and taxes, levied by Contracting Parties on import or export or in connection with the import or export of goods. These amounts must not exceed the approximate cost of services rendered and must not constitute an indirect defense of national products or a tax on imports or export goods in financial purposes. Such amounts and fees include, in particular, payments related to
Certificates of origin of cargo, if required for transit transportation;
Analyzes performed by customs laboratories for control purposes;
Customs inspections and other customs clearance operations carried out during non-business hours or outside the official customs territory;
Inspections related to sanitary, veterinary or phytopathological control.
0.1. (e) A "swap body" is a load compartment which has no means of movement and is intended to be transported on a road vehicle, the chassis of which, together with the base of the body, is specially designed for that purpose.
0.1. e) i) The term "partially enclosed" in relation to equipment referred to in subparagraph e) i) of Article 1 refers to equipment usually consisting of a floor and a top structure forming a loading space equivalent to that of a closed container. The top structure usually consists of metal elements that form the frame of the container. Containers of this type may also include one or more side or end walls. In some cases, there is only a roof attached to the floor with studs. This type of container is used, in particular, for the transport of bulky goods (eg cars).
2. Appendix 22.2.1 a) Subclause 1 a) - Assembly of components
a) When fasteners (rivets, screws, bolts and nuts, etc.) are used, a sufficient number of such fasteners must be inserted from the outside, pass through the elements to be fastened, protrude inside and be firmly fixed there (for example, by means of rivets, welding , bushings, bolts, riveting or welding nuts). However, conventional rivets (i.e. rivets set on both sides of the assembly being assembled) can also be inserted from the inside. Notwithstanding the foregoing, the load compartment floor may be attached using self-tapping screws or self-drilling or charge-driven rivets. explosive installed from the inside and passing vertically through the floor and the lower metal crossbars, provided, with the exception of self-tapping screws, that some of their ends do not protrude above the level of the outer surface of the crossbars or are welded to it.
b) The competent authority determines which fasteners and in what quantity must comply with the requirements of paragraph a) of this note; in doing so, he must make sure that the components are assembled in such a way that they cannot be removed and put back into place without leaving visible marks. The selection and placement of other fasteners is not subject to any restrictions.
c) The use of fasteners that can be removed or replaced from one side without leaving visible marks, i.e., parts that are set only on one side of the assembled assembly, is not allowed under the terms of paragraph a) of this note. Examples of such parts are expansion rivets, blind rivets, etc.
d) The assembly methods described above apply to special vehicles, such as insulated vehicles, refrigerated vehicles and tank trucks, insofar as they do not conflict with the technical requirements that such vehicles must satisfy in accordance with their purpose. In cases where, for technical reasons, it is not possible to fasten the composed elements using the methods described in point a) of this note, the constituent elements may be connected using the parts described in point c) of this note, provided that the fasteners used on the inside walls, there will be no access from the outside.
2.2.1 b) Item 1 b) - Doors and other closing systems
a) A device on which Customs seals may be affixed must:
i) be attached by welding or at least two fasteners that meet the requirements of paragraph a) of Explanatory Note 2.2.1 a); or
ii) be so designed that, once the load compartment has been closed and sealed, the device cannot be removed without leaving visible marks.
It must also:
iii) have holes with a diameter of at least 11 mm or slots with a length of at least 11 mm and a width of 3 mm; and
iv) provide the same degree of security regardless of the type of seals used.
b) Hinges, hinges, hinges and other parts for hanging doors, etc. must be attached in accordance with the requirements of subparagraphs i) and ii) of paragraph a) of this note. In addition, the various components of such a device (for example, hinges, pins or hinges) must be attached in such a way that, when the load compartment is closed and sealed, they cannot be removed or moved without leaving visible marks. However, in cases where such a device is not accessible from the outside, it is sufficient to ensure that the closed and sealed door cannot be detached from the hinge or similar device without leaving visible marks. Where a door or closing system has more than two hinges, only the two hinges closest to the ends of the door shall be fastened in accordance with the requirements of subparagraphs i) and ii) of paragraph a) above.
c) By way of exception, if the vehicles have insulated load compartments, a device for the installation of Customs seals and hinges and other parts, the removal of which would give access to the inside of the load compartment or other places suitable for concealing goods, may be installed on the doors of such cargo compartments by means of screw bolts or screws which are inserted from the outside but which do not otherwise satisfy the requirements of subparagraph (a) of Explanatory Note 2.2.1 above
a) provided that:
i) the stud bolt shafts of the stub screws are attached to a threaded hole plate or similar device located internally to the outer panel of the door; and
ii) the heads of an appropriate number of drive bolts or drive screws are welded to the Customs sealing device, hinges, etc. in such a way that they are completely deformed and that the screw-in bolts or screws cannot be removed without leaving visible marks.
"Insulated load compartment" refers to both refrigerated and thermally insulated cargo compartments.
d) Vehicles with a large number of closing devices such as valves, stopcocks, manhole covers, flanges, etc., must be so designed that the number of Customs seals can be as limited as possible. To this end, adjacent closing devices must be linked by a common device requiring only one Customs stamp or seal, or must be provided with a lid meeting the same requirements.
e) Vehicles with opening roofs must be constructed in such a way that they can be sealed with a minimum number of Customs seals.
2.2.1 c) - 1 Item 1 c) - Ventilation openings
a) Their maximum dimension should in principle not exceed 400 mm.
b) Openings giving direct access to the load compartment must be covered with wire mesh or perforated metal screen (with a maximum opening size of 3 mm in both cases) and protected by a welded metal grill (with a maximum opening size of 10 mm).
c) Openings that do not give direct access to the load compartment (for example, due to the presence of a system of knees or deflectors) must be equipped with the same devices, but the dimensions of the openings may be up to 10 and 20 mm respectively.
(d) Where holes are provided in the sheet, provision should in principle be made for the devices referred to in paragraph (b) of this note. However, it is allowed to install closing devices in the form of a perforated metal screen placed on the outside, and a wire or other mesh placed on the inside.
e) Identical non-metallic fittings may be allowed, provided that the dimensions of the holes are respected and that the material used is strong enough that the holes cannot be greatly enlarged without visible damage. In addition, the ventilation device must be designed in such a way that it cannot be replaced by inserting the device on one side of the sheet.
2.2.1 c) - 2 Item 1 c) - Drainage holes
a) Their maximum dimension should in principle not exceed 35 mm.
b) Openings giving direct access to the load compartment must be fitted with the devices prescribed in Explanatory Note 2.2.1 c) - 1, subparagraph b) for ventilation openings.
c) Where drainage openings do not give direct access to the load compartment, the devices referred to in subparagraph (b) of this note are not required, provided that the openings are fitted with a reliable deflector system easily accessible from the inside of the cargo compartment.
3. Appendix 31. Annex 3 provides that the competent authorities of a Contracting Party may issue a certificate of approval for a vehicle manufactured in its territory and that no additional approval procedure is required for such a vehicle in the country in which it is registered or, as appropriate, in which its owner has his permanent residence.
2. These provisions are not intended to restrict the right of the competent authorities of the Contracting Party in whose territory the vehicle is registered or in whose territory the owner has his permanent residence to require the presentation of a certificate of approval, either upon importation or subsequently for purposes related to registration or inspection of the vehicle or other similar formalities.
3.0.20. Procedure for making marks on the certificate of approval
When the fault record is to be canceled after the vehicle has been restored to a satisfactory condition, it is sufficient to affix the name of the competent authority concerned, its signature and stamp in the section 11 "Remedied faults" provided for this purpose.
<*>Figures N N 1 - 4 are not shown.
Appendix 7
Annex CONCERNING THE APPROVAL OF CONTAINERS Part I. REGULATIONS CONCERNING THE TECHNICAL CONDITIONS APPLICABLE TO CONTAINERS WHICH MAY BE ADMISSIBLE IN INTERNATIONAL CARRIAGE UNDER CUSTOMS SEALSBasic principles
Only containers designed and equipped in such a way may be allowed for the international carriage of goods under customs seals and seals:
(a) that goods cannot be removed from or loaded into the sealed part of the container without leaving visible signs of tampering or damage to Customs seals and seals;
b) that Customs seals can be applied in a simple and secure manner;
c) that they do not have any hidden places for concealing goods;
d) that all places where goods can be placed are easily accessible for customs inspection.
Part II. PROCEDURE FOR APPROVAL OF CONTAINERS MEETING THE TECHNICAL REQUIREMENTS PROVIDED BY THE REGULATIONS GIVEN IN PART I1. Containers may be approved for the carriage of goods under customs seals and stamps:
a) either at the production stage, by design type (approval procedure at the production stage);
b) or at some subsequent stage - on an individual basis
<*>Indicate the letters and numbers that will appear on the approval plate (see subparagraph 5 "b" of part II of Annex 7 to the Customs Convention on the International Carriage of Goods under the TIR Carnet, 1975).
(back side)
Part III. EXPLANATORY NOTES1. The Explanatory Notes to Annex 2 given in Annex 6 to this Convention shall apply, mutatis mutandis, to containers accepted for carriage under Customs seals and seals pursuant to the provisions of this Convention.
2. Part I - subparagraph "a" of paragraph 6 of Article 4
An example of a Customs acceptable system for attaching a sheet to the corner fittings of a container is shown in the figure attached to this Part III.
3. Part II - paragraph 5
If two containers covered with a sheet, approved for carriage under customs seals and seals, are connected in pairs in such a way that they form one container covered with one sheet and meets the requirements for carriage under customs seals and seals, then such a combination of containers does not require a separate approval certificate or a separate approval plate.
Appendix 8
COMPOSITION AND RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEEi) Contracting Parties are members of the Administrative Committee.
ii) The Board may permit the competent administrations of the States referred to in paragraph 1 of Article 52 of this Convention that are not Contracting Parties, or representatives of international organizations, to attend sessions of the Board as observers when discussing matters of interest to them.
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Traditionally, in the course of international road transport, customs authorities, when goods cross the territory of one or more states, apply in each of them national control systems and procedures. They differ from state to state, but often involve inspection of the cargo at each national border and the application of national guarantee requirements (guarantee, customs bonds, deposits) in order to cover the possible amount of duties and taxes during the transit of goods through each of the territories. Similar measures applied in each successive country of transit lead to significant costs, delays and delays in transit. In this regard, the TIR system was developed, with the aim of reducing the difficulties faced by the carrier, and at the same time providing the Customs authorities with an international control system that can replace traditional national procedures, while ensuring that each State, on whose territory transportation of goods, receipt of income.
The origin of the TIR system is an agreement concluded in 1949 by a small number of European countries under the auspices of the Economic Commission for Europe. The positive results of this limited system led to the conclusion of the 1959 TIR Convention. This Convention was revised in 1975 in the light of practical experience in the functioning of this system, as well as technical advances and changing requirements. As a result, the 1975 TIR Convention entered into force on 20 March 1978. Upon entry into force, it replaced, as between the Contracting Parties, the TIR Convention of 1959, which had been discontinued. However, the former Convention is still in force as one of the 38 Contracting Parties has not yet acceded to the new Convention. The 1975 TIR Convention currently has 43 Contracting Parties, including the European Economic Community.
In order to ensure minimum demurrage of goods during transport and at the same time provide maximum guarantees for customs authorities in all countries of transit, the TIR system contains the following four basic requirements:
goods must be transported in secure vehicles or containers
duties and charges in respect of which there is a risk of non-payment must be secured for the entire period of carriage by an international guarantee
the cargo must be accompanied by an internationally recognized carnet, accepted for use in the country of departure and valid as a control document in the countries of departure, transit and destination
customs control measures carried out in the country of departure should be recognized by the countries of transit and destination
In accordance with the TIR Convention, the carriage of goods must be carried out in containers or in the cargo compartments of vehicles, the design of which prevents access to the contents with Customs seals and seals, and any attempt to access these contents will be immediately visible. The Convention establishes standards for the design and procedures for the approval of vehicles and containers, as a result of which the transport of goods can only be carried out under TIR in vehicles or containers approved in accordance with the requirements mentioned above or with the requirements of the Customs Convention on Containers, 1972 . Special provisions apply to the transport of heavy and bulky goods that cannot be carried by conventional means of transport. Contracting Parties are required to recognize guaranteeing associations in their territories, which must belong to the international guarantee system and accept obligations to bear any liability under this guarantee system regarding customs duties payable by other associations of this system in respect of claims arising in its territory. Such guarantee systems issue TIR Carnets for use by the guaranteeing associations belonging to them, and the presentation of such a TIR Carnet in connection with a transit operation confirms the existence of the guarantee.
Therefore, such a system can be seen as a sequence of national transit operations, nonetheless based on international rather than national measures, i.e. transportation under an international guarantee using an international transit document certified by the customs authorities of the country of departure, and in the conditions of safety of the cargo controlled by the customs authorities with the help of stamps and seals imposed in the country of departure. The only international guarantee system operating under the TIR system is administered by the International Union road transport(IRU) in Geneva, Switzerland.
Initially, the TIR system was intended only for international road transport cargo. However, the limitation of the scope of this system only to road transport has been gradually relaxed, taking into account the needs foreign trade. The 1975 TIR Convention now requires that at least part of the transport be carried out by road. As a result, at present, the Convention allows transportation not only by cars, but, for example, by trailers in mixed rail-road traffic, as well as the transportation of containers various types transport. Thus, a wide range of transport operations can now take advantage of a proven international transit system that is of value to both traders and customs authorities.
This system certainly has advantages for the customs authorities, since it makes it possible to reduce the number of usual requirements established by national transit procedures (guarantees, documentation, controls) or make them less stringent. At the same time, it avoids the need for time-consuming and equipment-intensive physical searches in countries of transit, which are now limited to checking the seals and external condition of a vehicle or container of goods in transit in the country of destination, and the provision of valid national guarantees; and the introduction of a national document verification system. In addition, there are also the advantages that international transit operations are carried out under one transit document - the TIR Carnet - which reduces the risk of providing incorrect information to the customs authorities.
The benefits for trade and transport firms are no less obvious. Goods can cross national borders with minimal delays from customs authorities. By reducing transit obstacles to the movement of foreign trade goods, the TIR system contributes to the development international trade. It allows you to significantly reduce transport costs by reducing delays in transit. In addition, the revised provisions of the 1975 TIR Convention allow greater use of its benefits for the transport of goods in containers. Finally, by removing customs barriers to international road transport, it gives exporters more freedom to choose the mode of transport best suited to their needs.
One can judge the success of the TIR from the fact that it went far beyond the center of Europe. Now the TIR system covers almost all European countries. Its scope has expanded to now include countries stretching from the Middle East region to Afghanistan. It is used by the United States of America and Canada and has spread in Africa to the Maghreb countries. Another indicator of its success is that in 1952 3,243 TIR Carnets were issued, and in 1985 more than 860,000.
In order to make the TIR system as accessible as possible to all countries wishing to use it, the 1975 TIR Convention is open to accession by all countries Members of the United Nations or any of its specialized agencies, as well as international bodies similar to them. It is also open to any other State at the invitation of the General Assembly of the United Nations. The decision on administrative matters related to this Convention is entrusted to the Administrative Committee, of which all Contracting Parties have the right to be members. The Committee meets annually to consider issues related to the application of the Convention, and, if necessary, makes changes to it in accordance with modern requirements.
Guarantee system of the TIR Convention
1. International guarantee
The TIR guarantee system has a simple operating principle. Each association representing carriers in a given country and recognized by its customs authority, as well as the holder of the TIR Carnet, by way of joint and several liability, guarantees the payment in that country of any duties and taxes that may be due in the event of any irregularity arising in the course of a transport operation, carried out in the territory of this country by national or foreign carriers using a TIR Carnet issued by this national guaranteeing association or an association of another country. Consequently, each country benefits from the guarantee granted in its territory from all transport operations using the TIR Carnet in its territory.
The National Guarantee Associations constitute the Guarantee System, managed and funded by the International Road Transport Union (IRU) in Geneva, Switzerland.
In the event of any infringement, the customs authorities, before suing the guaranteeing association, should, as far as possible, seek payment from the person directly responsible. If it becomes necessary to apply a guarantee (for example, due to the bankruptcy of the person directly liable), the customs authorities will in any case bring a claim against the guarantee association of the country in which the violation occurred, in order to resolve this issue within that country. However, the guaranteeing association may, through the IRU, claim reimbursement of expenses from the international insurance fund.
Since there is a need to limit the amount of the guarantee, such monetary limits are determined for each country separately. However, the maximum sum insured is set by the IRU at USD 50,000 per TIR Carnet.
The TIR Convention also sets a time limit for bringing a claim by the customs authorities to the guaranteeing association. In this regard, it provides that if the customs authorities have issued a TIR Carnet without reservations, they can only sue the guaranteeing association if it is proved that the certificate of customs clearance was obtained illegally or fraudulently. In the event that the TIR Carnet has not been issued, or if this registration has been made with reservations, the competent authorities of the respective country must, within a period of one year, counting from the date of acceptance of the TIR Carnet for registration, notify the Guarantee Association of this in writing. The demand for payment of the necessary fees may be presented no earlier than three months from the date of such notification. During this period, a detailed investigation can be carried out and appropriate explanations can be provided to the customs authorities, which can in many cases make payment unnecessary.
The TIR Convention also provides for restrictions on material coverage, i.e. The Guaranteeing Association is only liable for loads that are in the sealed part of the road vehicle (or on the loading platform in the case of transporting heavy or bulky goods). It follows that the customs authorities cannot sue the guaranteeing association for goods hidden in other parts of the vehicle or transported by the driver himself.
2. Relationships within the framework of the international system of guarantees
Relationships between the international insurance association (hereinafter referred to as "insurers"), the IRU, national guaranteeing associations and carriers using TIR Carnets are built on the basis of a guarantee and insurance agreement between insurers and the IRU governing the use of TIR Carnets, an agreement on obligations between the guaranteeing association and the IRU and a declaration of commitment between the carrier and its guaranteeing association.
3. Warranty and insurance agreement
This agreement aims to insure the IRU and national guaranteeing associations against the risk that may arise from the illegal use of TIR Carnets by carriers. In accordance with the insurance contract, insurers are obliged to pay to the customs authorities within the prescribed time limits the amounts due, or to reimburse these amounts to the insured if they have already been paid directly by him to the customs authorities (IRU or guaranteeing association).
At the request of the customs authorities, insurers guarantee them payment, either independently or through a local insurance company or bank, in joint and several liability with the national guaranteeing association.
The volume of the insurance guarantee for one TIR Carnet is limited to the amount determined in each country by the customs authorities and accepted by the national guaranteeing association. However, the maximum sum insured must not exceed $50,000 per book.
Relationships stipulated by the guarantee and insurance agreement are governed by the relevant national legislation.
4. Agreement on the obligations of the guaranteeing association towards the IRU
In accordance with the Guarantee Insurance Agreement, national guarantee associations, through the IRU, assume various obligations regarding the accuracy of compliance with the rules for the functioning of the international guarantee system. These obligations are set out in the agreement on the obligations of the guaranteeing association to the IRU. Thus, each association must:
inform the insurers, through the IRU, of any notifications received from the customs authorities regarding the refusal of clearance or cases of receipt of a certificate of customs clearance of the TIR Carnet in an unlawful or fraudulent manner
collect and send to insurers through the IRU documents regarding any customs dispute (identification of the carrier, relevant information on the nature of the violation, amount claimed and information contained in the agreement)
seek permission from the IRU to pay the claim amount to the customs authorities
take any necessary measures to relieve liability if the request of the customs authorities is not justified or illegal
to issue TIR Carnets only to carriers who have signed a declaration of commitment in relation to the association and to transmit such declarations through the IRU to insurers upon their request
suspend the issuance of new carnets to carriers who have been found guilty of any infringement or to carriers who no longer provide the guarantees required of them at the time of entry
transfer to insurers all rights of recourse against persons responsible for the acts that led to the presentation of relevant claims to the customs authorities, as well as for the customs bond submitted by the carrier
be jointly and severally liable in the amount determined by the insurers for the payment of amounts due to the customs authorities in case of failure to fulfill the above obligations
The relationship between the IRU and national guaranteeing associations, conditioned by the commitment agreement, is governed by Swiss law.
The declaration of the carrier's obligations towards the guaranteeing association is signed by each user of the TIR Carnet and imposes on him the following obligations:
provide, at the request of its association, a guarantee or a deposit in an amount to be determined by this association
comply with all the provisions of the TIR Convention governing the use of TIR Carnets and the instructions of the guaranteeing association
register the receipt and return of TIR Carnets to the association after their use with the appropriate seals of the customs authorities. Unused TIR Carnets must be returned immediately after the expiration date
prevent the use of blank TIR Carnets issued in his name (for example, for resale)
in relation to the use of TIR Carnets, accept responsibility for his own acts and omissions, as well as for the acts and omissions of his agents and any other persons whose services he uses
comply with all customs formalities required at the customs of the country of departure, transit and destination
immediately require the appropriate customs officials to apply the seals and signatures necessary for the proper execution of the transport operation using the TIR Carnet, or require the appropriate certificate if it is not possible to obtain the seal or signature of these authorities, or the immediate return by the customs authority of the country of destination of the TIR Carnet
check whether the data recorded in the manifest of the TIR Carnet correspond to the nature of the cargo actually loaded onto the vehicle; and otherwise require the customs authorities to submit an appropriate certificate indicating the differences
take, together with the customs authorities, or another person or authority, all possible measures for the correct implementation of the transport operation using the TIR system
resolve directly with the customs authorities any dispute arising from the use of TIR Carnets, in particular, pay any amount required by them
refund unconditionally any amount the IRU or insurers may be required to pay in accordance with the TIR Convention in respect of TIR Carnets issued to it
The relationship between the carrier and its guaranteeing association arising from the declaration of commitment is governed by national law.
6. Relationship between national guaranteeing associations and customs authorities
There is no single form of documents regulating the relationship between the national guaranteeing association and the customs authorities. In some cases there is an exchange of letters between the customs authorities and the guaranteeing association, however, more often a special document called "Agreement" is drawn up, which is signed by the customs authorities and the guaranteeing association. Regardless of the form and name adopted, it is "a contract for the provision of guarantees concluded by the guaranteeing association on the basis of national law (Explanatory Note 0.11.2 to Article 11 of the TIR Convention), which is therefore governed by the national civil commercial) law applicable under the contract on the provision of guarantees The content of the agreement on the provision of guarantees does not have a single form, however, it must include:
an indication that the guaranteeing association is a branch of the IRU and is authorized by it to issue TIR Carnets, indicating its name
the obligation of the association to fulfill all the obligations incumbent on the guaranteeing association of the TIR Convention, in particular to pay the amounts required by the customs authorities in accordance with the conventions and customs legislation and determined to be payable by national or foreign carriers for imported, exported or transit goods transported using a TIR Carnet issued by a national guaranteeing association or a foreign association affiliated with the IRU
statement of the maximum amount per TIR Carnet that can be claimed from the guaranteeing association in case of illegal or fraudulent use of the TIR Carnet
an indication that the association guarantee arising from the contract and relating to the payment of amounts claimed by the customs authorities must be reinsured by the relevant insurance company (or by a national or international association of insurers that has concluded an insurance contract with the IRU)
procedure for settling disputes arising from the illegal or fraudulent use of TIR Carnets
procedure for settling disputes arising from the termination of the guarantee agreement
If the guarantee agreement provides that the guarantee of the national guaranteeing association regarding the payment of amounts claimed by the customs authorities must be reinsured by an insurance company (or a national or international association of insurers), then the association must provide the customs authorities with a guarantee presented by the insurer.
The guarantee certificate signed by the insurer must contain an obligation to pay, in the manner of joint and several liability, the amounts payable, claimed from the guaranteeing association, by the customs authorities in accordance with the TIR Convention and national customs legislation, in the amount established for one TIR Carnet in the guarantee agreement.
The issuance of such a certificate is usually preceded by the conclusion of an agreement between the insurer and the national guaranteeing association, which determines the terms of the liability of the insurer. In addition, in the case of a national insurer, the international association of insurers confirms that all amounts paid under the guarantee certificate will be reimbursed by the association to the insured.
Use of the TIR Carnet
TIR Carnets are issued by the International Road Transport Union (IRU) to national guaranteeing associations in accordance with the conditions specified in contractual obligations signed by them and the IRU. Each national guaranteeing association issues TIR Carnets to carriers in its own country in accordance with the conditions specified in the declaration of commitment signed by the carrier and the association.
The TIR Carnet consists of two cover pages, a voucher and spine N 1 / N 2 (called the yellow manifest), vouchers and spines (N 1 and N 2), a protocol and, if necessary, a special sheet for multimodal transport (which, however, , does not apply to customs authorities).
The first page of the cover is printed in English and French, on the second page the rules for using the TIR Carnet are printed in French and on the third page in English.
The books used for the TIR operation under the regional guarantee system may be published in any other official language of the United Nations, with the exception of the front cover page, the headings of which are also printed in English or French. In this case, the "Rules for the use of the TIR Carnet" are printed on page 2 of the cover in the official language of the United Nations used, and on the third cover of the page also in English or French.
The yellow manifest is printed in the language of the country of departure, vouchers No. 1 and No. 2, spines and protocol - in French.
The Yellow Manifesto aims to facilitate the completion of the TIR Carnet and the necessary checks in the event of any customs dispute. It must under no circumstances be separated from the TIR Carnet. The protocol is filled in in case of damage in transit of customs seals and seals or in case of loss or damage to goods with intact seals and seals, as well as in case of need for re-shipment or urgent unloading of goods. A special sheet for intermodal transport serves to more accurately identify carriers when more than one mode of transport is used.
The first page of the cover, as well as the vouchers and the spine, arranged in pairs (N 1 and N 2), are the most important part of the TIR Carnet with regard to customs control and the operation of the guarantee system. A set of two vouchers and two spines (No. 1 and No. 2) is issued in each country in which any TIR operation is carried out. The TIR Carnet currently in use contains 14 or 20 vouchers and vouchers (No. 1 and No. 2), as a result of which it can be used in at most 7 or 10 countries.
The presentation of a valid TIR Carnet containing the names, seals and signatures of the IRU and the issuing association and duly completed by the carrier is in itself proof of the existence and validity of the guarantees. The TIR Carnet is valid until the completion of the TIR operation at the customs office of the country of departure within the time limits set by the association that issued it. One TIR Carnet is issued for each transportation by one vehicle or container. However, one TIR Carnet may also be issued per combination of vehicles or for several containers loaded on one vehicle or per combination of vehicles.
If the sheet torn off by the Customs office at the point of exit from the country contains reservations or, if it is not received by the Customs office of the point of departure, the latter sends a request to the guaranteeing association of its country, informing it that the TIR Carnet was issued with reservations or at all was not framed. If the explanations provided do not satisfy the competent Customs authorities, they apply the provisions of the TIR Convention and national legislation to determine the amounts due to Customs. If customs duties and taxes cannot be collected from the person directly responsible, the competent customs authorities shall notify the guaranteeing association that it must pay the said amount.
In each country of transit, the system is similar to that applied in the country of origin. The customs authority at the point of entry into the country checks the applied seals and tears off the next voucher No. 1 in the TIR Carnet. The customs authority of the point of exit from the country does the same. Both sheets are matched for final control and this completes the whole operation. In the country of destination, the customs authority, if the point of entry into the country is also the point of destination, when issuing a TIR Carnet, retains vouchers No. 1 and No. 2 and becomes responsible for the goods that must be subjected to another customs procedure(import cleaning, transfer to a warehouse, etc.). If goods are transported under the TIR system to another customs office in the same country, then the customs office at the point of receipt of the goods proceeds in the same way as the customs office at the point of entry into the country, and the last customs office is the one at the destination .
Normally the system is applied as described above, but each customs authority retains the right to carry out controls. If the customs authority has suspicions of violating the rules, finds the seals broken or fears that the TIR Carnet has been forged, then it controls the transported goods.
In order to ensure more effective control, Customs may require transportation along a route on which vehicles are easily identifiable by the obligatory TIR plate affixed to them. In addition, the transportation must be carried out within a reasonable time. A carrier that is unable for any reason to comply with the requirements regarding the timing of transportation or established routes (flood, snowfall, breakdown, etc.) must be able to justify itself. In more serious cases (breaking of seals, the need to reload goods onto another vehicle, total or partial destruction of the goods), the carrier must obtain an official application from any nearest local authority certifying the protocol contained in the TIR Carnet. On the basis of such a protocol, the customs authorities may initiate any investigation necessary to clarify the circumstances of the case.
The Customs office of the point of departure, which is usually the authority handling the export formalities, checks the consignment on the basis of the information entered in the TIR Carnet by the consignor. The customs authority seals the vehicle, makes an appropriate entry in the TIR Carnet, retains voucher No. 1 and certifies the corresponding spine No. 1. The TIR Carnet is returned to the carrier. When crossing the border at the point of exit from the country, the customs authority checks the seals, tears off voucher No. 2 from the TIR Carnet and certifies the corresponding stub No. 2. The vehicle can leave the country, and both stubs certified by customs give reason to assume that in this country the TIR operation was properly implemented.
Checks are carried out in accordance with the following procedure: the customs authority of the point of exit from the country sends voucher No. 2 to the customs authority of the point of departure. The latter compares the received sheet with the originally left voucher No. 1. If there are no objections or reservations from the customs authority of the point of exit from the country, then the TIR operation in this country ends, and the TIR Carnet is considered issued without reservations.
History and general information
Work on the creation of such a transit system began under the auspices of the United Nations Economic Commission for Europe shortly after the end of World War II. In 1949, several European states signed the first Agreement on International Road Transport (TIR). This regional Agreement was successful, and in 1959 the UNECE Inland Transport Committee prepared the first edition of the TIR Convention, which entered into force in 1960. The first TIR Convention was finalized in 1975, taking into account the experience gained in the process of its use, technical advances, changes in customs and transport regulations in order to make it even more efficient, less complicated and at the same time more secure from a customs point of view. Another reason for the modification of the Convention was the emergence in the early 60s of new types of transport equipment: containers for sea transport, a little later - containers for combined transport by road and rail, designed to increase their efficiency.
In November 1975, under the auspices of the United Nations Economic Commission for Europe (UNECE), a conference was held to revise the TIR Convention. The new version of the TIR Convention entered into force in 1978. Since then, it has remained one of the most effective international transport conventions and, in fact, the only global customs transit system.
The basic ideas and principles of the 1975 TIR Convention and its transit regime were the basis of many other transit systems and thus, directly or indirectly, the 1975 TIR Convention contributed to the simplification international transport in general and automotive in particular, not only in Europe and the Middle East, but also in regions such as Africa and Latin America.
In practice, the operation of the Convention can be observed by anyone traveling on the roads of Europe. Thousands of trucks and semi-trailers using the TIR transit system are marked with a blue TIR plate affixed to the vehicle body. The abbreviation TIR arose in accordance with the name of the Convention in French "Transport international routier" (translated into Russian as "International road transport", abbreviated as TIR). For drivers, carriers and shippers, this blue plate with white lettering is a kind of pass that simplifies and speeds up international road transport.
Since 1975, the TIR Convention has been amended and supplemented twenty-seven times. In 1995, the UNECE Customs Working Party, supported by several ad hoc expert groups, began work on a major revision of the TIR system. After completion in 1997 of the revision process, the TIR came into force on 17 February 1999 new edition conventions. The second package of amendments to the TIR Convention, also developed working group UNECE (WP.30), entered into force on 12 May 2002 These amendments clearly and unambiguously define the legal and administrative obligations customs authorities, carriers and an international organization that has been additionally made responsible for effective organization and the functioning of the international safeguards system. In 2000, work began on phase III of the TIR revision process. Among its goals is the introduction into the TIR system of modern electronic technology data processing without changing the basic principles and the recently updated legal and administrative structure of the Convention. The latest amendment, which entered into force on 12 August 2006, provides for the establishment of an international monitoring system for the use of TIR Carnets to store data transmitted by the Customs authorities and available to associations and Customs administrations on the termination of TIR operations at the Customs offices of destination. The purpose of this international control system is to provide the transport industry and the TIR guarantee chain with the most important risk management tool when using the TIR regime in commercial purposes and to simplify the tracing procedures applied by the Customs authorities after the termination of TIR operations.
Implementation of the principles of the Convention
In order to ensure the smooth movement of goods with minimum delays in transit and at the same time ensure maximum customs security, the TIR regime contains five main elements:
- Goods must be transported in safe (from the point of view of customs) vehicles or containers;
- Payment customs duties and taxes for which there is a risk of non-payment must be secured by an international guarantee;
- Goods must be accompanied by a customs document (TIR Carnet) recognized by all States Parties to the Convention, accepted for registration in the state of departure and serving as a control document in the states of departure, transit and destination;
- Customs control measures taken in the State of departure must be recognized by all countries of transit and destination;
- Access to the TIR procedure for national associations (permission to issue TIR Carnets) and individuals and legal entities (permission to use TIR Carnets) should be controlled by the competent national authorities.
To ensure the safety of transport, the TIR Convention states that goods must be transported in containers or load compartments of vehicles designed in such a way as to exclude the possibility of access to the contents of the sealed part of the vehicle or container without leaving visible traces of opening the load compartment of the vehicle, container or damaging customs seals and seals.
TIR Carnet (Carnet TIR) is an international customs document, which is the cornerstone of the entire transit system and confirms that there is an international guarantee for goods transported under the TIR procedure.
To date, the International Road Transport Union (IRU) is the only international organization that has received (under the control of the TIR Executive Board) the right to centrally produce and distribute TIR Carnets to national guaranteeing associations in accordance with contractual obligations approved by the TIR Administrative Committee. In turn, each national guaranteeing association issues TIR Carnets to the carriers of its state under the conditions specified in the declaration - the obligation of the carrier.
The front cover page, as well as the vouchers and stubs, grouped by two, are the most important part of the TIR Carnet for Customs control and operation of the guarantee system. A set of two vouchers and two spines is used in each State in whose territory a TIR operation takes place.
The presentation of a TIR Carnet duly completed by the carrier, containing the signatures and seals of the international organization and the guaranteeing association that issued it, is in itself proof of the existence and validity of the guarantee. The TIR Carnet is valid until the completion of the TIR transport at the Customs office of destination, provided that the operation is started at the Customs office of departure within the time limits set by the guaranteeing association that issued the TIR Carnet.
Customs Convention on the International Carriage of Goods under the TIR Carnet (TIR Convention)
Chapter I General Information
Article 1
In applying this Convention:
a. term "Operation TIR" means the carriage of goods from the Customs office of departure to the Customs office of destination under the procedure, the so-called TIR procedure, set out in this Convention;
b. term "import or export duties and taxes" means customs duties and all other duties, taxes, duties and other amounts collected on importation or exportation or in connection with the importation or exportation of goods, but excluding amounts and taxes limited in amount to the approximate cost of services rendered;
c. term "road vehicle" means not only a power-driven road vehicle, but also any trailer or semi-trailer intended to be towed by such a vehicle;
d. term "composition of vehicles" means coupled vehicles which participate in road traffic as one unit;
e. term "container" means transport equipment (cage, demountable tank or other similar device);
i. which is a fully or partially closed container designed to place goods in it;
ii. having a permanent character and therefore strong enough to serve for repeated use;
iii. specially designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading of goods;
iv. designed in such a way as to facilitate its transfer, in particular from one mode of transport to another;
v. designed in such a way that it can be easily loaded and unloaded;
vi. having an internal volume of at least one cubic meter.
"Detachable bodies" treated as containers;
f. term "customs office of departure" means any customs office of a Contracting Party where, for all or part of a consignment, international transport begins under the TIR procedure;
g. term "customs office of destination" means any customs office of a Contracting Party where, for all or part of a consignment, international transport under the TIR procedure ends;
h. term "en route customs" means any Customs office of a Contracting Party through which a road vehicle, combination of vehicles or container is imported or exported in the course of a TIR operation;
i. term "face" means both an individual and a legal entity;
j. term "heavy and bulky goods" means any heavy or bulky item which, due to its weight, size or nature, is not normally transported in a closed road vehicle or in a closed container;
k. term "guaranteed association" means an association recognized by the customs authorities of a Contracting Party as a guarantor for persons using the TIR procedure.
b) Scope
Article 2
This Convention concerns the carriage of goods carried out without intermediate transhipment in road vehicles, combinations of vehicles or containers, crossing one or more frontiers from the Customs office of departure of one of the Contracting Parties to the Customs office of destination of the other Contracting Party or of the same Contracting Party provided that a certain part of the TIR operation between its beginning and end is carried out by road.
Article 3
The provisions of this Convention shall apply provided that:
a. shipments are made
i. in road vehicles, combinations of vehicles or containers provisionally approved for carriage under the conditions referred to in Chapter III (a); or
ii. in other road vehicles, other combinations of vehicles or other containers, subject to the conditions referred to in chapter III c);
b. transport is guaranteed by associations recognized under the provisions of Article 6 and must be carried out using a TIR Carnet conforming to the model set out in Annex 1 to this Convention.
c) Fundamentals
Article 4
Goods transported under the TIR procedure are exempted from the payment or deposit of import or export duties and taxes at customs en route.
Article 5
1. Goods transported under the TIR procedure in sealed road vehicles, sealed combinations of vehicles or sealed containers are, as a rule, exempt from customs inspection at Customs offices en route.
2. However, in order to prevent abuses, the customs authorities may, in exceptional cases, and in particular if there is a suspicion of violations, carry out inspections of goods at these customs offices.
Chapter II Issuance of TIR Carnets. Liability of guaranteeing associations
Article 6
- Each of the Contracting Parties may, by establishing certain guarantees for this and under certain conditions, grant certain associations the right to issue, directly or through associations which are their correspondents, TIR Carnets and provide guarantees.
- An association may be recognized in a given country only on the condition that the guarantee granted to it also covers the liability assumed by it in that country in connection with operations carried out using TIR Carnets issued by foreign associations belonging to the international organization to which it belongs and this association.
Article 7
Forms of TIR Carnets sent to guaranteeing associations by foreign guaranteeing associations that are their correspondents, or by international organizations, are exempt from payment of import and export duties and taxes and are not subject to any prohibitions or restrictions during import and export.
Article 8
- The Guaranteeing Association undertakes to pay any import or export duties and taxes due, as well as any late interest that may be due under the customs laws and regulations of the country in which the violation in connection with the TIR operation is discovered. The Guarantee Association undertakes to pay the amounts mentioned above in joint and several liability with the persons from whom these amounts are due.
- In cases where the laws and regulations of a Contracting Party do not provide for the payment of import or export duties and taxes as provided for in paragraph 1 above, the guaranteeing association undertakes to pay, on similar terms, an amount equal to the sum of the import or export duties and taxes and any late interest.
- Each Contracting Party shall fix the maximum amount of amounts that can be claimed from the guaranteeing association per TIR Carnet on the basis of the provisions of paragraphs 1 and 2 above.
- The guaranteeing association becomes responsible towards the competent authorities of the country in which the customs office of departure is located from the moment the TIR Carnet is accepted by that customs office for processing. In the following countries, through whose territory the carriage of goods under the TIR procedure continues, this liability begins from the moment of importation of the goods or, if the TIR operation is suspended in accordance with the provisions of paragraphs 1 and 2 of Article 26, from the moment the TIR Carnet is accepted for clearance by Customs, in which the TIR operation is resumed.
- The Guarantee Association is responsible not only for the goods listed in the TIR Carnet, but also for any goods which, not being listed in this Carnet, are in a sealed part of a road vehicle or in a sealed container. The association is not responsible for any other cargo.
- For the purposes of determining the amounts of duties and taxes referred to in paragraphs 1 and 2 of this Article, the data relating to the goods entered in the TIR Carnet shall be accepted as valid, unless proven otherwise.
- When the payment of the sums referred to in paragraphs 1 and 2 of this Article becomes due, the competent authorities shall, as far as possible, require the payment of those sums from the person or persons from whom these sums are directly due, before suing the guaranteeing association.
Article 9
- The guaranteeing association determines the period of validity of the TIR Carnet, indicating its expiration date, after which the Carnet cannot be presented to the Customs office of departure for customs clearance.
- If the carnet has been accepted for clearance by the Customs office of departure on or before the last day of its validity, as provided for in paragraph 1 of this Article, the carnet is valid until the completion of the TIR operation at the Customs office of destination.
Article 10
- Customs clearance of the TIR Carnet can be made with or without reservations; if reservations are made, they must refer to facts relating to the TIR operation itself. These facts must be noted in the TIR Carnet.
- If the customs authorities of a country have issued a TIR Carnet without reservations, they may no longer require the guaranteeing association to pay the amounts referred to in Article 8, paragraphs 1 and 2, unless the certificate of customs clearance has been obtained illegally or fraudulently.
Article 11
- In the event that the TIR Carnet has not been issued, or if this registration has been made with reservations, the competent authorities will not have the right to demand from the guaranteeing association the payment of the amounts referred to in paragraphs 1 and 2 of Article 8, if, within a period of one year, counting from the date of acceptance of the TIR Carnet for registration these authorities, they did not notify the guaranteeing association in writing of the refusal of customs clearance or of clearance with a reservation. This provision shall also apply in the case of customs clearance obtained illegally or fraudulently, but in such a case the period shall be two years.
- The claim for payment of the amounts referred to in paragraphs 1 and 2 of Article 8 shall be forwarded to the guaranteeing association not earlier than three months from the date of notification of this association of the refusal to customs clearance of the carnet, of its clearance with a reservation, or of the clearance obtained in an unlawful or fraudulent manner. , and not later than two years later, counting from the same day. However, as regards cases referred to the court within the above two-year period, the demand for payment shall be forwarded within one year from the date of entry into force of the judgment.
- The guaranteeing association has a period of three months from the date of the demand for payment sent to it for the payment of the amounts claimed. The sums paid will be returned to the association if, within two years following the date of the demand for payment made against it, convincing evidence is presented to the customs authorities that no irregularities have occurred in respect of the transport in question.
Chapter III Carriage of goods using a TIR Carnet
a) Approval for carriage of vehicles and containers
Article 12
In order to be subject to the provisions of sections a) and b) of this chapter, every road vehicle must comply, as regards its construction and its equipment, with the conditions set out in Annex 2 to this Convention and must be approved for carriage in accordance with the procedure provided for in Annex 3 to this Convention. The certificate of approval must comply with the model given in Appendix 4.
Article 13
- In order to be subject to the provisions of sections a) and b) of this chapter, containers must be constructed in accordance with the conditions specified in Annex 7, Part I, and must be approved for carriage in accordance with the procedure laid down in Part II of that Annex. .
- Containers admitted to the carriage of goods under Customs seals and seals in accordance with the Customs Convention on Containers, 1956, agreements arising therefrom under the auspices of the United Nations, the Customs Convention on Containers, 1972, or any international instrument which may replace or modify this last Convention, shall be considered as complying with the provisions of paragraph 1 above and shall be accepted for carriage under the TIR procedure without a new approval.
Article 14
- Each Contracting Party reserves the right not to recognize the validity of the approval of road vehicles or containers that do not meet the conditions set out in Articles 12 and 13 above. However, Contracting Parties should not delay transport when the defects found are minor and do not create opportunities for smuggling .
- Before being reused for the carriage of goods under Customs seals, any road vehicle or container no longer meeting the conditions that gave rise to its approval must either be restored to its original condition or be re-approved.
b) Transportation procedure under the TIR Carnet
Article 15
- When temporarily importing a road vehicle, a combination of vehicles or a container used for the transport of goods in compliance with the TIR procedure, no special customs document is required. No warranties are required for a road vehicle, combination of vehicles or container.
- The provisions of paragraph 1 of this Article shall not prevent a Contracting Party from requiring the completion at the Customs office of destination of the formalities provided for by its national regulations in order to ensure that, after the end of a TIR operation, the road vehicle, combination of vehicles or container is exported.
When a TIR operation is carried out by a road vehicle or combination of vehicles, they must be affixed with rectangular plates bearing the inscription "TIR" complying with the requirements given in annex 5 to this Convention; one plate shall be placed at the front and another of the same kind at the rear of the road vehicle or combination of vehicles. These plates must be placed in such a way that they are clearly visible and must be removable.
Article 17
- One TIR Carnet is drawn up for each road vehicle or container. However, a single TIR Carnet may be drawn up for a combination of vehicles or for several containers loaded on one road vehicle or for a combination of vehicles. In this case, the cargo manifest of the TIR Carnet must indicate separately the contents of each vehicle that forms part of the composition of vehicles or each container.
- The TIR Carnet is valid for one carriage only. It must contain at least as many vouchers for the acceptance of the carnet for customs clearance and for its clearance, as necessary for the implementation of this transportation.
Article 18
A TIR operation may be carried out through several Customs offices of departure and destination; however, except with the express permission of the Contracting Party or Contracting Parties concerned,
a. the customs office of departure must be located in only one country;
b. Customs offices of destination must be located in no more than two countries;
c. the total number of customs offices of departure and destination shall not exceed four.
Article 19
The goods and road vehicle, combination of vehicles or container must be presented at the Customs office of departure together with the TIR Carnet. The Customs authorities of the country of departure shall take the necessary measures to ascertain the accuracy of the consignment manifest and to affix Customs seals or to control the Customs seals affixed under the responsibility of said Customs authorities by duly authorized persons.
Article 20
Customs authorities may set a certain period of time for transports within their own country and require that the road vehicle, combination of vehicles or container follow the prescribed route.
Article 21
At each Customs office en route and at the Customs offices of destination, the road vehicle, combination of vehicles or container shall be presented for control to the Customs authorities with the goods contained therein and with the TIR Carnet relating to the goods carried.
Article 22
- With the exception of cases of inspection of goods carried out by the customs authorities in accordance with the provision contained in paragraph 2 of Article 5, officers of intermediate customs offices of each of the Contracting Parties shall, as a rule, recognize seals and seals affixed by the customs authorities of other Contracting Parties, provided that they do not damaged. However, these employees may, if required by the need for control, additionally apply their own seals and seals.
- Customs seals recognized by the Contracting Parties shall enjoy in their territory the protection of the same legal provisions as national customs seals.
Article 23
Customs authorities may only in exceptional cases:
require road vehicles, combinations of vehicles or containers to be escorted through the territory of their country at the expense of the carriers;
check and inspect the cargo of road vehicles, the composition of vehicles or containers on the way.
Article 24
If Customs authorities carry out inspections of goods in a road vehicle, combination of vehicles or container en route or at a Customs office en route, they must make a note of the new seals and seals applied and the nature of the controls carried out on the vouchers of the TIR Carnet used in their country, on corresponding spines, as well as on the remaining vouchers of the TIR Carnet.
Article 25
If the customs seals and seals are damaged in transit under conditions other than those provided for in Articles 24 and 35, or if the goods are lost or damaged, but the seals or seals are not damaged, the procedure set out in Annex 1 to this Convention shall be followed. regarding the use of the TIR Carnet, without prejudice to the possibility of applying the provisions of national legislation and, in addition, the protocol contained in the TIR Carnet must be completed.
Article 26
- When a part of the transport using a TIR Carnet is carried out through the territory of a state that is not a Contracting Party to this Convention, the TIR operation is suspended for this part of the journey. In this case, the customs authorities of the Contracting Party through whose territory the transport then continues, accept the TIR Carnet for the resumption of the TIR operation, provided that the customs seals and/or identification marks are not damaged.
- The same provision applies to that part of the route on which the TIR Carnet is not used by the holder of the Carnet in the territory of the Contracting Party in connection with the implementation of simpler Customs transit procedures or when the application of the Customs transit regime is not necessary.
- In these cases, the Customs offices at which the TIR operation was interrupted or resumed will be considered as Customs offices en route when entering or leaving the country, respectively.
Article 27
Subject to the provisions of this Convention and in particular Article 18 thereof, the Customs office of destination originally designated may be replaced by another Customs office of destination.
Article 28
Upon arrival of the goods at the Customs office of destination and provided that the goods are transferred to a different customs regime or are cleared of duties for domestic consumption, the customs clearance of the TIR Carnet is carried out immediately.
c) Provisions concerning the carriage of heavy or bulky goods
Article 29
- The provisions of this section shall apply only to the carriage of heavy or bulky goods as defined in Article 1(k) of this Convention.
- If the provisions of this section apply, the carriage of heavy or bulky goods may, by decision of the customs authorities of the place of departure, be carried out by means of unsealed means of transport or containers.
- The provisions of this section shall apply only if, in the opinion of the customs authorities of the place of departure, heavy or bulky goods, as well as any accessories carried at the same time, can be easily identified by their description or provided with customs seals and/or identification marks such in such a manner as to prevent any substitution or removal of said goods without leaving visible traces.
Article 30
All the provisions of this Convention, with the exception of those derogated from by the special provisions of this Section, shall apply to the carriage of heavy or bulky goods under the TIR procedure.
Article 31
The liability of the guaranteeing association extends not only to the goods listed in the TIR Carnet, but also to the goods which, although not listed in this Carnet, are on the platform or between the goods listed in the TIR Carnet.
Article 32
On the cover and on all vouchers of the TIR Carnet, the inscription "Heavy or bulky goods" in English or French must be written in bold type.
Article 33
The Customs authorities of the place of departure may require that packing lists, photographs, drawings, etc., considered necessary for the identification of the goods transported, be attached to the TIR Carnet. In this case, they certify these documents; one copy of these documents is attached to the inside cover of the TIR Carnet and a note is made in all manifests of the carnet about the presence of these documents.
Article 34
The customs authorities of the intermediate customs offices of each Contracting Party shall recognize customs seals and/or identification marks imposed by the competent authorities of other Contracting Parties. They may, however, add other seals and/or identification marks; in this case, they shall make a note of the new seals and/or identification marks applied on the vouchers of the TIR Carnet used in their country, on the respective spines, as well as on the remaining vouchers of the TIR Carnet.
Article 35
If, en route or at a Customs office en route, the cargo inspection officers are forced to remove the seals and/or identification marks, they shall make a note of the applied new seals and/or identification marks on the vouchers of the TIR Carnet used in their country, on the respective spines. , as well as on the remaining vouchers of the TIR Carnet.
Chapter IV Violation of the provisions of the Convention
Article 36
Any violation of the provisions of this Convention will result in the application to the perpetrator in the country in which the violation was committed, the sanctions provided for by the legislation of that country.
Article 37
In cases where it is not possible to determine in which territory the infringement occurred, it shall be deemed to have occurred in the territory of the Contracting Party where it was discovered.
Article 38
- Each Contracting Party shall have the right, temporarily or permanently, to deprive of the right to enjoy the provisions of this Convention any person who is guilty of a serious violation of the customs laws or regulations applicable in the international carriage of goods.
- Such deprivation of the right shall be immediately reported to the customs authorities of the Contracting Party in whose territory the person in question is present or has its permanent residence, as well as to the guaranteeing association(s) in the country in which the infringement has been committed.
Article 39
Where TIR operations are found to be otherwise properly executed:
- The Contracting Parties shall not pay attention to minor discrepancies concerning the observance of prescribed dates or routes.
- In the same way, discrepancies between the details given in the TIR Carnet cargo manifest and the contents of the road vehicle, combination of vehicles or container shall not be considered as a violation of this Convention by the holder of the TIR Carnet, if there is evidence to the satisfaction of the competent authorities that these discrepancies are not the result of errors committed intentionally or negligently during the loading or dispatch of the goods or during the preparation of the said manifest.
Article 40
The Customs authorities of the country of departure and the country of destination do not hold the holder of the TIR Carnet responsible for discrepancies that may be established in these countries, if these discrepancies relate respectively to the Customs regimes that were applied before or after the TIR operation and to which the owner of the said Carnet had nothing to do .
Article 41
If the customs authorities consider sufficient evidence that the goods indicated in the manifest of the TIR Carnet were destroyed or irretrievably lost as a result of a traffic accident or force majeure, or that the shortage is the result of causes inherent in the goods, they exempt from payment duties and taxes normally due.
Article 42
Upon receipt of a request from a Contracting Party stating the relevant reasons, the competent authorities of the Contracting Parties interested in the given TIR operation shall provide it with all the information at their disposal necessary for the application of the provisions of Articles 39, 40 and 41 above.
Chapter V Explanatory Notes
Article 43
The explanatory notes in Annexes 6 and 7 (Part III) provide an interpretation of certain provisions of this Convention and its annexes. They also describe some recommended practices.
Chapter VI Miscellaneous Regulations
Article 44
Each Contracting Party shall provide interested guaranteeing associations with facilities in respect of:
a. transfer of the currency necessary for the payment of amounts charged by the competent authorities of the Contracting Parties by virtue of the provisions of Article 8 of this Convention; and
b. transfer of the currency necessary for paying for the forms of the TIR Carnet sent to guaranteeing associations by foreign associations that are their correspondents or international organizations.
Article 45
Each Contracting Party shall publish a list of Customs offices of departure, Customs offices en route and Customs offices of destination which it designates for TIR operations. The Contracting Parties of the countries whose territories are in contact will be consulted in order to determine, by mutual agreement, the respective border customs offices and their opening hours.
Article 46
- The performance by Customs officers of the formalities referred to in this Convention does not give rise to the right to demand the payment of fees, except in cases where these formalities are not carried out on the days and hours and in the places usually provided for their production.
- The Contracting Parties shall take all measures in their power to facilitate customs operations involving perishable goods.
Article 47
- The provisions of this Convention shall not prevent the application of restrictions and controls resulting from national regulations based on considerations of public morals, public safety, public health or hygiene, or on grounds of a veterinary or phytopathological nature, nor the collection of fees due under these regulations.
- The provisions of this Convention shall not preclude the application of other national or international provisions governing carriage.
Article 48
Nothing in this Convention precludes the right of Contracting Parties forming a Customs or Economic Union to apply special rules in relation to traffic originating or destination in their territories, or in transit through their territories, provided that such rules do not limit the benefits provided for in this Convention.
Article 49
The provisions of this Convention shall not prevent the application of greater facilities which the Contracting Parties grant or wish to grant either under unilateral provisions or in accordance with bilateral or multilateral agreements, provided that such facilities do not prevent the application of the provisions of this Convention and, in particular, the conduct of operations TIR.
Article 50
The Contracting Parties shall exchange, upon request, information necessary for the application of the provisions of this Convention, in particular information concerning the approval of road vehicles or containers, as well as the technical characteristics of their design.
Article 51
Annexes to this Convention are an integral part of the Convention.
Chapter VII Final Provisions
Article 52 Signature, Ratification, Acceptance, Approval and Accession
- All States Members of the United Nations, or members of any specialized agency or of the International Atomic Energy Agency, or parties to the Statute of the International Court of Justice, and any other State invited by the General Assembly of the United Nations, may become Contracting Parties to this Convention:
a. by signing it without reservation of ratification, acceptance or approval;
b. by depositing an instrument of ratification, acceptance or approval after it has been signed subject to ratification, acceptance or approval;
c. by depositing an instrument of accession.
- This Convention shall be open for signature by the States referred to in paragraph 1 of this article at the United Nations Office at Geneva from 1 January 1976 until 31 December 1976 inclusive. After this date it will be open for joining.
- Customs or economic unions may also, subject to the provisions of paragraphs 1 and 2 of this article, become Contracting Parties to this Convention at the same time as all of their Member States or at any time after all Member States have become Contracting Parties to this Convention. However, these unions do not have voting rights.
- Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.
Article 53 Entry into force
- This Convention shall enter into force six months after the date on which five of the States referred to in Article 52, paragraph 1, have signed it without reservation as to ratification, acceptance or approval, or have deposited their instruments of ratification, acceptance, approval or accession. .
- After five of the States referred to in Article 52, paragraph 1, have signed it without reservation as to ratification, acceptance or approval, or have deposited their instruments of ratification, acceptance, approval or accession, this Convention shall enter into force for all subsequent Contracting Parties. six months after the date on which they have deposited their instruments of ratification, acceptance, approval or accession.
- Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention shall be deemed to apply to the amended text of this Convention.
- Any such instrument deposited after the adoption of an amendment but before its entry into force shall be deemed to apply to the amended text of this Convention from the date on which that amendment enters into force.
Article 54 Denunciation
- Each Contracting Party may denounce this Convention by notification addressed to the Secretary-General of the United Nations.
- The denunciation shall take effect fifteen months after the date of receipt by the Secretary General of this notification.
- The validity of TIR Carnets accepted for clearance by the Customs office of the country of departure before the effective date of the denunciation shall not be affected by this denunciation and the guarantee of the guaranteeing associations shall remain in force in accordance with the terms of this Convention.
Article 55 Termination
If, after the entry into force of this Convention, the number of States which are Contracting Parties is less than five for any period of consecutive twelve months, this Convention shall cease to be in force at the expiration of the above period of twelve months.
Article 56 Termination of the TIR Convention 1959
- From the moment this Convention enters into force, it shall cancel and replace, as between the Contracting Parties to this Convention, the TIR Convention of 1959.
- Certificates of approval issued in respect of road vehicles and containers in accordance with the terms of the TIR Convention, 1959, shall be accepted by the Contracting Parties to this Convention during their validity or any extension thereof for the carriage of goods under Customs seals and seals, provided that such vehicles and containers continue to meet the requirements under which they were originally approved for carriage.
Article 57 Settlement of disputes
- Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, as far as possible, be settled by negotiation between the parties to the dispute or other means of settlement.
- Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which cannot be settled by the means provided for in paragraph 1 of this Article shall, at the request of one of them, be submitted to an arbitral tribunal constituted as follows: Each party to the dispute shall appoint an arbitrator, and these arbitrators appoint another arbitrator who becomes the chairman. If, after three months from the date of receipt of the request, one of the participants has not appointed an arbitrator or the arbitrators have been unable to elect a chairman, either party may request the Secretary-General of the United Nations to appoint an arbitrator or chairman of the arbitral tribunal.
- The decision of the arbitral tribunal appointed in accordance with the provisions of paragraph 2 shall be binding on the disputing parties.
- The arbitral tribunal shall establish its own rules of procedure.
- Decisions of the arbitral tribunal are taken by majority vote.
- Any disagreement that may arise between the disputing parties regarding the interpretation and enforcement of an award may be submitted by either party to the arbitral tribunal that made the award.
Article 58 Reservations
- Each State may, at the time of signing, ratifying or acceding to this Convention, declare that it does not consider itself bound by paragraphs 2 to 6 of Article 57 of this Convention. Other Contracting Parties shall not be bound by these paragraphs in respect of any Contracting Party which has made such a reservation.
- Any Contracting Party which has made a reservation in accordance with paragraph 1 of this article may at any time withdraw that reservation by notification addressed to the Secretary-General of the United Nations.
- Except for the reservations provided for in paragraph 1 of this article, no other reservations to this Convention shall be permitted.
Article 59 Procedure for amending this Convention
- Amendments to this Convention, including its annexes, may be made at the proposal of any Contracting Party in accordance with the procedure established in this Article.
- Any proposed amendment to this Convention shall be considered by an Administrative Committee composed of all Contracting Parties in accordance with the rules of procedure set out in Annex 8. Any such amendment considered or drafted at a session of the Administrative Committee and approved by the Committee by a two-thirds majority of those present and voting shall be sent to by the Secretary General of the United Nations to the Contracting Parties for acceptance.
- Except as provided in Article 60, any proposed amendment circulated in accordance with the preceding paragraph shall enter into force, for all Contracting Parties, three months after the expiration of a twelve-month period after the date of communication of the proposed amendment, if, within that period, the Secretary-General of the Organization The United Nations has received no objection from any State that is a Contracting Party to the proposed amendment.
- In the event of an objection to a proposed amendment submitted in accordance with the provisions of paragraph 3 of this article, the amendment shall be deemed not accepted and no action shall be taken in connection with it.
Article 60 Special procedure for amending annexes 1, 2, 3, 4, 5, 6 and 7
- Any proposed amendment to Annexes 1, 2, 3, 4, 5, 6 and 7, considered in accordance with Article 59, paragraphs 1 and 2, shall enter into force on the date fixed by the Administrative Committee at the time of its adoption, if before the earlier date, established by the Administrative Committee at the same time, one-fifth or five States which are Contracting Parties, whichever is the lower of the two figures, shall not notify the Secretary-General of the United Nations that they object to the amendment. The determination by the Administrative Committee of the dates referred to in this paragraph shall be made by a two-thirds majority of those present and voting.
- Upon entry into force, any amendment adopted in accordance with the procedure set out in paragraph 1 above shall replace, for all Contracting Parties, any previous provision to which the amendment relates.
Article 61 Proposals, communications and objections
The Secretary-General of the United Nations shall inform all Contracting Parties and all States referred to in paragraph 1 of Article 52 of this Convention of all proposals, communications or objections made under Articles 59 and 60 above and of the date on which each amendment enters into force.
Article 62 Revision Conference
- Any State which is a Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising this Convention.
- A revision conference, to which all Contracting Parties and all States referred to in paragraph 1 of Article 52 are invited, shall be convened by the Secretary-General of the United Nations if, within six months after the date of notification by the Secretary-General, at least one quarter of the States that are Contracting Parties inform his consent to this request.
- A Revision Conference, to which all Contracting Parties and all States referred to in Article 52, paragraph 1, are invited, shall also be convened by the Secretary-General of the United Nations upon such request from the Administrative Committee. The Administrative Committee shall decide whether such a request should be made by a majority of those present and voting in the Committee.
- If a conference is convened in accordance with paragraphs 1 and 3 of this Article, the Secretary-General of the United Nations shall notify all Contracting Parties thereof and request them to submit to him within three months the proposals which they consider desirable to be considered by the conference. At least three months before the opening of the conference, the Secretary General shall communicate to all Contracting Parties the provisional agenda of the conference, as well as the text of these proposals.
Article 63 Notices
In addition to the notifications and communications provided for in Articles 61 and 62, the Secretary-General of the United Nations shall notify all States referred to in Article 52:
a. on signature, ratification, acceptance, approval and accession in accordance with Article 52;
b. the dates of entry into force of this Convention in accordance with Article 53;
c. denunciations under article 54;
d. the termination of this Convention in accordance with Article 55;
e. on reservations made in accordance with article 58.
Article 64 Authentic text
After 31 December 1976, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the Contracting Parties and to each of the States referred to in paragraph 1 of Article 52 that are not Contracting Parties.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.
Done at Geneva this fourteenth day of November, one thousand nine hundred and seventy-five, in a single copy in the English, Russian and French languages, all three texts being equally authentic.
The document on the accession of the USSR to the Customs Convention on the International Carriage of Goods under the TIR Carnet (TIR Convention) dated November 14, 1975 was deposited with the UN Secretary General on June 8, 1982 with the following declarations and reservation:
(a) Declaration in connection with Article 52, paragraph 1, of the Convention:
"The Union of Soviet Socialist Republics considers that the provision of paragraph 1 of Article 52 of the Customs Convention on the International Carriage of Goods Using the TIR Carnet (TIR Convention) of 1975, which limits the participation of certain states in it, is contrary to the generally recognized principle of the sovereign equality of states";
b) a declaration in connection with paragraph 3 of Article 52 of the Convention:
"The participation of customs or economic unions in the Customs Convention on the International Carriage of Goods under the TIR Carnet (TIR Convention) of 1975 does not change the position of the Soviet Union in relation to various international organizations";
c) Reservation in connection with paragraphs 2-6 of Article 57 of the Convention:
"The Union of Soviet Socialist Republics does not consider itself bound by the provisions of paragraphs 2-6 of Article 57 of the Customs Convention on the International Carriage of Goods Using a TIR Carnet (TIR Convention), 1975, which provide for the submission of disputes regarding the interpretation or application of the Convention to an arbitration tribunal at the request of one of the disputing Parties, and declares that the consent of all the Parties to the dispute is necessary in each individual case for the submission of such a dispute to arbitration."
Customs Convention on the International Carriage of Goods (TIR Convention 1975)
Work on the creation of a TIR transit system began under the auspices of the United Nations Economic Commission for Europe (ECE) shortly after the end of World War II. The first TIR agreement was signed by several European states in 1949. The success of this agreement led to the adoption of the TIR Convention by the UNECE Inland Transport Committee in 1959, which entered into force in 1960. The first TIR Convention was finalized in 1975, taking into account the accumulated in the process of using the system of experience, technical achievements, changes in customs and transport regulations. On February 17, 1999, the 1975 TIR Convention was amended to strengthen control by the States Parties (Contracting Parties) of the Convention over the TIR system.
The TIR system is based on 4 main principles:
- 1. Reliable vehicles or containers.
- 2. International guarantee.
- 3. Carnet TIR.
- 4. Mutual recognition of customs control measures.
In accordance with the TIR Convention, the carriage of goods must be carried out in containers or in the cargo compartments of vehicles, the design of which prevents access to the contents, with customs seals and seals, and any attempt to access these contents will be immediately noticeable. The TIR Convention establishes standards for the design and procedures for the approval of vehicles and containers, as a result of which the transport of goods can only be carried out using a TIR carnet in vehicles or containers approved in accordance with the requirements mentioned above or the requirements of the Customs convention concerning containers. For each closed customs premise ( freight car with an awning, a trailer with an awning, a semi-trailer with an awning, a van, a refrigerator), which are registered in the traffic police as international transport, a Certificate of suitability of the motor vehicle for international transportation of goods is issued. Certificate forms must be printed in the language of the country of issue, as well as French or English. The certificate is issued for 2 years and is registered by the carrier or the owner of the vehicle if he has a license for the right to carry out international transportation of goods. Photos of the vehicle are attached to the certificate.
The international guarantee system is the second main element of the TIR transit regime. The TIR guarantee system is built according to the following principle. Each guarantee association representing carriers in a state party to the TIR Convention 1975 and recognized by its customs authorities guarantees the payment in that country of duties and taxes that may be payable in case of violations of national customs legislation during transport using a TIR Carnet. This association is jointly and severally liable for the payment of customs duties with both national and foreign carriers carrying out transportation using a TIR carnet issued by a national guaranteeing association or a similar association of another country. Thus, the customs authorities deal with a national guarantor, to whom they can turn in case of any violations based on national legislation.
The third and most visible element of the entire TIR system are the TIR Carnets, which are the main administrative element of the TIR system. A TIR carnet consists of two cover pages, a non-tear-off sheet and stubs No. 1 and 2 (called the yellow manifest), vouchers and stubs (No. , does not apply to customs authorities). The first page of the cover is printed in English and French, the second page contains the rules for using the TIR Carnet in French and the third page in English. The yellow manifest is printed in the language of the country of departure, vouchers No. 1 and No. 2 and stubs in French. The Yellow Manifesto is intended to facilitate the completion of the TIR carnet and the necessary checks in case of any customs dispute. It should never be separated from the TIR carnet. The protocol is filled in in case of damage in transit of customs seals and seals or destruction or damage to goods with intact seals and seals, as well as if it is necessary to reship goods or urgently unload them. A special sheet for intermodal transport serves to more accurately identify carriers when more than one mode of transport is used. The front cover page, and the vouchers and stubs, arranged in pairs (No. 1 and No. 2), are the most important part of the TIR carnet in terms of customs control and the operation of the guarantee system. A set of two vouchers and two stubs (No. 1 and No. 2) is issued in every country in which any TIR operation takes place. The currently used TIR carnet contains 14 or 20 vouchers and vouchers (No. 1 and No. 2), so that it can be used in at most 7 or 10 countries. Presentation of a TIR carnet containing the names, seals and signatures of the IRU and the issuing association, and duly completed by the carrier, is in itself proof of the existence and validity of guarantees. The TIR Carnet is valid until the completion of the TIR operation at the customs office of the country of destination, provided that it was started at the customs office of the country of departure within the time limits set by the issuing association.
The fourth and final basic element underlying the TIR system is the principle of acceptability of customs control measures taken in the country of departure for countries of transit and destination. According to this principle, goods transported in accordance with the TIR procedure in sealed road vehicles or containers are usually not screened at customs en route, which is precisely the main advantage of the TIR system for the carrier. Of course, this does not exclude the right of Customs to conduct selective inspections on an exceptional basis.
The TIR system has clear advantages for customs authorities as it reduces the number of normal requirements for national transit procedures. At the same time, it avoids the time and expense of physical inspections in countries of transit, in addition to inspection of seals and the external condition of vehicles and containers. It also avoids the application of national guarantees and the execution of national documents. In addition, its advantage stems from the fact that international transit operations are supported by only one transit document, the TIR carnet, which limits the possibility of providing inaccurate information to customs authorities. By removing some of the traditional barriers to international freight traffic, the TIR system promotes international trade.