Douaneovereenkomst inzake het internationale vervoer van goederen onder dekking van carnets TIR (TIR-Overeenkomst), Genève, 14-11-1975

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Douaneovereenkomst inzake het internationale vervoer van goederen onder dekking van carnets TIR (TIR-Overeenkomst)

Authentiek : EN

Customs Convention on the International Transport of Goods under cover of TIR Carnets (TIR Convention)

The Contracting Parties,

Desiring to facilitate the international carriage of goods by road vehicle,

Considering that the improvement of the conditions of transport constitutes one of the factors essential to the development of co-operation among them,

Declaring themselves in favour of a simplification and a harmonization of administrative formalities in the field of international transport, particular at frontiers,

Have agreed as follows:

Chapter I. GENERAL

(A). DEFINITIONS

Article 1

For the purposes of this Convention:

• (a) The term “TIR transport” shall mean the transport of goods from a Customs office of departure to a Customs office of destination under the procedure, called the TIR procedure, laid down in this Convention;

• (b) the term “TIR operation” shall mean the part of a TIR transport that is carried out in a Contracting Party from a Customs office of departure or entry (en route) to a Customs office of destination or exit (en route);

• (c) the term “start of a TIR operation” shall mean that the road vehicle, the combination of vehicles or the container have been presented for purposes of control to the Customs office of departure or of entry (en route) together with the load and the TIR Carnet relating thereto and that the TIR Carnet has been accepted by the Customs office;

• (d) the term “termination of a TIR operation” shall mean that the road vehicle, the combination of vehicles or the container have been presented for purposes of control to the Customs office of destination or of exit (en route) together with the load and the TIR Carnet relating thereto;

• (e) the term “discharge of a TIR operation” shall mean the recognition by Customs authorities that the TIR operation has been terminated correctly in a Contracting Party. This is established by the Customs authorities on the basis of a comparison of the data or information available at the Customs office of destination or exit (en route) and that available at the Customs office of departure or entry (en route);

• (f) the term “import or export duties and taxes” shall mean Customs duties and all other duties, taxes, fees and other charges which are collected on, or in connexion with, the import or export of goods, but not including fees and charges limited in amount to the approximate cost of services rendered;

• (g) the term “road vehicle” shall mean not only any powerdriven road vehicle but also any trailer or semi-trailer designed to be coupled thereto;

• (h) the term “combination of vehicles” shall mean coupled vehicles which travel on the road as a unit;

• (j) the term “container” shall mean an article of transport equipment (lift-van, movable tank or other similar structure):

  • (i) fully or partially enclosed to constitute a compartment intended for containing goods;

  • (ii) of a permanent character and accordingly strong enough to be suitable for repeated use;

  • (iii) specially designed to facilitate the transport of goods by one or more modes of transport without intermediate reloading;

  • (iv) designed for ready handling, particularly when being transferred from one mode of transport to another;

  • (v) designed to be easy to fill and to empty; and

  • (vi) having an internal volume of one cubic metre or more;

  “Demountable bodies” are to be treated as containers;

• (k) the term “Customs office of departure” shall mean any Customs office of a Contracting Party where the TIR transport of a load or part load of goods begins;

• (l) the term “Customs office of destination” shall mean any Customs office of a Contracting Party where the TIR transport of a load or part load of goods ends;

• (m) the term “Customs office en route” shall mean any Customs office of a Contracting Party through which a road vehicle, combination of vehicles or container enters or leaves this Contracting Party in the course of a TIR transport;

• (n) the term “person” shall mean both natural and legal persons;

• (o) the term “holder” of a TIR Carnet shall mean the person to whom a TIR Carnet has been issued in accordance with the relevant provisions of the Convention and on whose behalf a Customs declaration has been made in the form of a TIR Carnet indicating a wish to place goods under the TIR procedure at the Customs office of departure. He shall be responsible for presentation of the road vehicle, the combination of vehicles or the container together with the load and the TIR Carnet relating thereto at the Customs office of departure, the Customs office en route and the Customs office of destination and for due observance of the other relevant provisions of the Convention;

• (p) the term “heavy or bulky goods” shall mean any heavy or bulky object which because of its weight, size or nature is not normally carried in a closed road vehicle or closed container;

• (q) the term “guaranteeing association” shall mean an association authorized by the Customs authorities or other competent authorities of a Contracting Party to act as guarantor for persons using the TIR procedure;

• (r) the term “international organization” shall mean an organization authorized by the Administrative Committee to take on responsibility for the effective organization and functioning of an international guarantee system;

• (s) the term “eTIR procedure” shall mean the TIR procedure, implemented by means of electronic exchange of data, providing the functional equivalent to the TIR Carnet. Whereas the provisions of the TIR Convention apply, the specifics of the eTIR procedure are defined in Annex 11.

(B). SCOPE

Article 2

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This Convention shall apply to the transport of goods without intermediate reloading, in road vehicles, combinations of vehicles or in containers, across one or more frontiers between a Customs office of departure of one Contracting Party and a Customs office of destination of another or of the same Contracting Party, provided that some portion of the journey between the beginning and the end of the TIR transport is made by road.

Article 3

For the provisions of this Convention to become applicable:

• a) the transport operation must be performed

  • (i) by means of road vehicles, combinations of vehicles or containers previously approved under the conditions set forth in Chapter III a), or

  • (ii) by means of other road vehicles, other combinations of vehicles or other containers under the conditions set forth in Chapter III c), or

  • (iii) by road vehicles or special vehicles such as buses, cranes, sweepers, concretelaying machines, etc. exported and therefore themselves considered as goods travelling by their own means from a Customs office of departure to a Customs office of destination under the conditions set forth in Chapter III c). In case such vehicles are carrying other goods, the conditions as referred to under (i) or (ii) above shall apply accordingly;

• b) the transport operations must be guaranteed by associations authorized in accordance with the provisions of Article 6. They must be performed under cover of a TIR Carnet, which shall conform to the model reproduced in Annex 1 to this Convention or be carried out by the eTIR procedure.

(C). PRINCIPLES

Article 4

Goods carried under the TIR procedure shall not be subjected to the payment or deposit of import or export duties and taxes at Customs offices en route.

Article 5

• 1 Goods carried under the TIR procedure in sealed road vehicles, combinations of vehicles or containers shall not as a general rule be subjected to examination at Customs offices en route.

• 2 However, to prevent abuses, Customs authorities may in exceptional cases, and particularly when irregularity is suspected, carry out an examination of the goods at such offices.

Chapter II. ISSUE OF TIR CARNETS

LIABILITY OF GUARANTEEING ASSOCIATIONS

Article 6

• 1 The customs authorities or other competent authorities of a Contracting Party may Contracting Party may authorize associations to issue TIR Carnets, either directly or through corresponding associations, and to act as guarantors, as long as the minimum conditions and requirements, as laid down in Annex 9, Part I, are complied with. The authorization shall be revoked if the minimum conditions and requirements contained in Annex 9, Part I are no longer fulfilled

• 2 An association shall not be authorized in any country unless its guarantee also covers the liabilities in that country in connexion with operations under cover of TIR carnets issued by foreign associations affiliated to the same international organization as that to which it is itself affiliated.

• 2 bis An international organization shall be authorized by the Administrative Committee to take on responsibility for the effective organization and functioning of an international guarantee system. The authorization shall be granted as long as the organization fulfils the conditions and requirements laid down in Annex 9, Part III. The Administrative Committee may revoke the authorization if these conditions and requirements are no longer fulfilled.

• 3 An association shall issue TIR Carnets only to persons, whose access to the TIR procedure has not been refused by the competent authorities of Contracting Parties in which the person is resident or established.

• 4 Authorization for access to the TIR procedure shall be granted only to persons who fulfil the minimum conditions and requirements laid down in Annex 9, Part II to this Convention. Without prejudice to article 38, the authorization shall be revoked if the fulfilment of these criteria is no longer ensured.

• 5 Authorization for access to the TIR procedure shall be granted according to the procedure laid down in Annex 9, Part II to this Convention.

Article 7

TIR carnet forms sent to the guaranteeing associations by the corresponding foreign associations or by international organizations shall not be liable to import and export duties and taxes and shall be free of import and export prohibitions and restrictions.

Article 8

• 1 The guaranteeing association shall undertake to pay up to the maximum of the guaranteed amount of the import and export duties and taxes together with any default interest due under the Customs laws and regulations of the Contracting Party in which an irregularity leading up to a claim against the guaranteeing association has been established in connection with a TIR operation. It shall be liable, jointly and severally with the persons from whom the sums mentioned above are due, for payment of such sums.

• 2 In cases where the laws and regulations of a Contracting Party do not provide for payment of import or export duties and taxes as provided for in paragraph 1 above, the guaranteeing association shall undertake to pay, under the same conditions, a sum equal to the amount of the import or export duties and taxes and any default interest.

• 3 Each Contracting Party shall determine the maximum sum per TIR carnet, which may be claimed from the guaranteeing association on the basis of the provisions of paragraphs 1 and 2 above.

• 4 The liability of the guaranteeing association to the authorities of the country where the Customs office of departure is situated shall commence at the time when the TIR carnet is accepted by the Customs office. In the succeeding countries through which goods are transported under the TIR procedure, this liability shall commence at the time when the goods enter these countries or, where the TIR transport has been suspended under article 26, paragraphs 1 and 2, at the time when the TIR carnet is accepted by the Customs office where the TIR transport is resumed.

• 5 The liability of the guaranteeing association shall cover not only the goods which are enumerated in the TIR carnet but also any goods which, though not enumerated therein, may be contained in the sealed section of the road vehicle or in the sealed container. It shall not extend to any other goods.

• 6 For the purpose of determining the duties and taxes mentioned in paragraphs 1 and 2 of this article, the particulars of the goods as entered in the TIR carnet shall, in the absence of evidence to the contrary, be assumed to be correct.

Article 9

• 1 The guaranteeing association shall fix the period of validity of the TIR carnet by specifying a final date of validity after which the carnet may not be presented for acceptance at the Customs office of departure.

• 2 Provided that it has been accepted by the Customs office of departure on or before the final date of validity, as provided for in paragraph 1 of this article, the carnet shall remain valid until the termination of the TIR operation at the Customs office of destination.

Article 10

• 1 Discharge of a TIR operation has to take place without delay.

• 2 When the Customs authorities of a Contracting Party have discharged a TIR operation they can no longer claim from the guaranteeing association payment of the sums mentioned in Article 8, paragraphs 1 and 2, unless the certificate of termination of the TIR operation was obtained in an improper or fraudulent manner or no termination has taken place.

Article 11

• 1 Where a TIR operation has not been discharged, the competent authorities shall:

  • (a) notify the TIR Carnet holder at his address indicated in the TIR Carnet of the non-discharge;

  • (b) notify the guaranteeing association of the non-discharge.

  The competent authorities shall notify the guaranteeing association with a maximum period of one year from the date of acceptance of the TIR Carnet by those authorities or two years when the certificate of termination of the TIR operation was falsified or obtained in an improper or fraudulent manner.

• 2 Where the payment of the sums mentioned in Article 8, paragraphs 1 and 2 becomes due, the competent authorities shall, so far as possible, require payment from the person or persons liable for such payment before making a claim against the guaranteeing association.

• 3 The claim for payment of the sums referred to in Article 8, paragraphs 1 and 2 shall be made against the guaranteeing association at the earliest one month after the date on which the association was notified that the operation had not been discharged or that the certificate of termination of the TIR operation had been falsified or obtained in an improper or fraudulent manner and not more than two years after that date. However, in cases of TIR operations which, during the above-mentioned period of two years, become the subject of administrative or legal proceedings concerning the payment obligation of the person or persons referred to in paragraph 2 of this Article, any claim for payment shall be made within one year of the date on which the decision of the competent authorities or courts becomes enforceable.

• 4 The guaranteeing association shall pay the amounts claimed within a period of three months from the date when a claim for payment is made against it.

• 5 The sums paid shall be reimbursed to the guaranteeing association if, within a two year period following the date on which the claim for payment was made against it, it has been established to the satisfaction of the competent authorities that no irregularity was committed in connection with the TIR operation in question. The two year time limit may be extended in accordance with national legislation.

Chapter III. TRANSPORT OF GOODS UNDER TIR CARNET

(A). APPROVAL OF VEHICLES AND CONTAINERS

Article 12

In order to fall within the provisions of sections (a) and (b) of this Chapter, every road vehicle must as regards its construction and equipment fulfil the conditions set out in annex 2 to this Convention and must have been approved according to the procedure laid down in annex 3 to this Convention. The certificate of approval shall conform to the specimen reproduced in annex 4.

Article 13

• 1 To fall within the provisions of sections (a) and (b) of this Chapter, containers must be constructed in conformity with the conditions laid down in Part I of annex 7 and must have been approved according to the procedure laid down in Part II of that annex.

• 2 Containers approved for the transport of goods under Customs seal in accordance with the Customs Convention on Containers, 1956, the agreements arising therefrom concluded under the auspices of the United Nations, the Customs Convention on Containers, 1972 or any international instruments that may supersede or modify the latter Convention, shall be considered as complying with the provisions of paragraph 1 above and must be accepted for transport under the TIR procedure without further approval.

Article 14

• 1 Each Contracting Party reserves the right to refuse to recognize the validity of the approval of road vehicles or containers which do not meet the conditions set forth in articles 12 and 13 above. Nevertheless, Contracting Parties shall avoid delaying traffic when the defects found are of minor importance and do not involve any risk of smuggling.

• 2 Before it is used again for the transport of goods under Customs seal, any road vehicle or container which no longer meets the conditions which justified its approval, shall be either restored to its original state, or presented for reapproval.

(B). PROCEDURE FOR TRANSPORT UNDER COVER OF A TIR CARNET

Article 15

• 1 No special Customs document shall be required in respect of the temporary importation of a road vehicle, combination of vehicles or container carrying goods under cover of the TIR procedure. No guarantee shall be required for the road vehicle or combination of vehicles or container.

• 2 The provisions of paragraph 1 of this article shall not prevent a Contracting Party from requiring the fulfilment at the Customs office of destination of the formalities laid down by its national regulations to ensure that, once the TIR operation has been completed, the road vehicle, the combination of vehicles or the container will be re-exported.

Article 16

When a road vehicle or combination of vehicles is carrying out a TIR transport, one rectangular plate bearing the inscription “TIR” and conforming to the specifications given in annex 5 to this Convention, shall be affixed to the front and another to the rear of the road vehicle or combination of vehicles. These plates shall be so placed as to be clearly visible. They shall be removable or be fitted or designed in such a way that these plates can be reversed, covered, folded or indicate in any other manner that a TIR transport is not carried out.

Article 17

• 1 A single TIR carnet shall be made out in respect of each road vehicle or container. However, a single TIR carnet may be made out in respect of a combination of vehicles or for several containers loaded on to a single road vehicle or on to a combination of vehicles. In that case the TIR manifest of the goods covered by the TIR carnet shall list separately the contents of each vehicle in the combination of vehicles or of each container.

• 2 The TIR Carnet shall be valid for one journey only. It shall contain at least the number of detachable vouchers which are necessary for the TIR transport in question.

Article 18

A TIR transport may involve several Customs offices of departure and destination but the total number of Customs offices of departure and destination shall not exceed eight. The TIR Carnet may only be presented to Customs offices of destination if all Customs offices of departure have accepted the TIR Carnet.

Customs authorities may limit the maximum number of customs offices of departure (or destination) on their territory to less than seven but not less than three.

Article 19

The goods and the road vehicle, the combination of vehicles or the container shall be produced with the TIR carnet at the Customs office of departure. The Customs authorities of the country of departure shall take such measures as are necessary for satisfying themselves as to the accuracy of the goods manifest and either for affixing the Customs seals or for checking Customs seals affixed under the responsibility of the said Customs authorities by duly authorized persons.

Article 20

For journeys in the territory of a Contracting Party or several Contracting Parties forming a customs or economic union, the competent customs authorities.

Article 21

At each Customs office en route and at Customs offices of destination, the road vehicle, the combination of vehicles or the container shall be produced for purposes of control to the Customs authorities together with the load and the TIR carnet relating thereto.

Article 22

• 1 As a general rule and except when they examine the goods in accordance with article 5, paragraph 2, the Customs authorities of the Customs offices en route of each of the Contracting Parties shall accept the Customs seals of other Contracting Parties, provided that they are intact. The said Customs authorities may, however, if control requirements make it necessary, add their own seals.

• 2 The Customs seals thus accepted by a Contracting Party shall have in the territory of that Contracting Party the benefit of the same legal protection as is accorded to the national seals.

Article 23

The Customs authorities shall not

• - require road vehicles, combinations of vehicles or containers to be escorted at the carriers' expense on the territory of their country

• - require examination en route of road vehicles, combinations of vehicles or containers and their loads

except in special cases.

Article 24

If the Customs authorities conduct an examination of the load of a road vehicle, combination of vehicles or container in the course of the journey or at a Customs office en route, they shall record on the TIR carnet vouchers used in their country, on the corresponding counterfoils, and on the vouchers remaining in the TIR carnet, particulars of the new seals affixed and of the controls carried out.

Article 25

If the Customs seals are broken en route otherwise than in the circumstances of articles 24 and 35, or if any goods are destroyed or damaged without breaking of such seals, the procedure laid down in annex 1 to this Convention for the use of the TIR carnet shall, without prejudice to the possible application of the provisions of national law, be followed, and the certified report in the TIR carnet shall be completed.

Article 26

• 1 When transport under cover of a TIR carnet takes place in part in the territory of a State which is not a Contracting Party to this Convention, the TIR transport shall be suspended during that part of the journey. In that case, the Customs authorities of the Contracting Party on whose territory the journey continues shall accept the TIR carnet for the resumption of the TIR transport, provided that the Customs seals and/or identifying marks have remained intact. Where the Customs seals have not remained intact, the Customs authorities may accept the TIR Carnet for resumption of the TIR transport under the provisions of Article 25.

• 2 The same shall apply where for a part of the journey the TIR carnet is not used by the holder of the carnet in the territory of a Contracting Party because of the existence of simpler Customs transit procedures or when the use of a Customs transit régime is not necessary.

• 3 In such cases the Customs offices where the TIR transport is suspended or resumed shall be deemed to be Customs offices of exit en route and Customs offices of entry en route respectively.

Article 27

Subject to the provisions of this Convention and in particular of article 18, another Customs office of destination may be substituted for a Customs office of destination originally indicated.

Article 28

• 1 Termination of a TIR operation shall be certified by the Customs authorities without delay. Termination of a TIR operation may be certified without or with reservation: where termination is certified with reservation this shall be on account of facts connected with the TIR operation itself. These facts shall be clearly indicated in the TIR Carnet.

• 2 In cases where the goods are placed under another Customs procedure or another system of Customs control, all irregularities that may be committed under that other Customs procedure or system of Customs control shall not be attributed to the TIR Carnet holder as such or any person acting on his behalf.

(C). PROVISIONS CONCERNING TRANSPORT OF HEAVY OR BULKY GOODS

Article 29

• 1 The provisions of this section apply only to the transport of heavy or bulky goods as defined in Article 1, subparagraph p), of this Convention.

• 2 Where the provisions of this section apply, heavy or bulky goods may, if the authorities at the Customs office of departure so decide, be carried by means of non-sealed vehicles or containers.

• 3 The provisions of this section shall apply only if, in the opinion of the authorities at the Customs office of departure, the heavy or bulky goods carried and any accessories carried with them can be easily identified by reference to the description given, or can be provided with Customs seals and/or identifying marks so as to prevent any substitution, or removal of the goods, without it being obvious.

Article 30

All the provisions of this Convention, save those to which the special provisions of this section make an exception, shall apply to the transport of heavy or bulky goods under the TIR procedure.

Article 31

The liability of the guaranteeing association shall cover not only the goods enumerated in the TIR carnet, but also any goods which, though not enumerated in the carnet, are on the load platform or among the goods enumerated in the TIR carnet.

Article 32

The cover and all vouchers of the TIR carnet shall bear the endorsement “heavy or bulky goods” in bold letters in English or in French.

Article 33

The authorities at the Customs office of departure may require such packing lists, photographs, drawings, etc., as are necessary for the identification of the goods carried to be appended to the TIR carnet. In this case they shall endorse these documents, one copy of the said documents shall be attached to the inside of the cover page of the TIR carnet, and all the manifests of the TIR carnet shall include a reference to such documents.

Article 34

The authorities at the Customs offices en route of each of the Contracting Parties shall accept the Customs seals and/or identifying marks affixed by the competent authorities of other Contracting Parties. They may, however, affix additional seals and/or identifying marks; they shall record particulars of the new seals and/or identifying marks on the vouchers of the TIR carnet used in their country, on the corresponding counterfoils and on the vouchers remaining in the TIR carnet.

Article 35

If Customs authorities conducting an examination of the load at a Customs office en route or in the course of the journey are obliged to break seals and/or remove identifying marks, they shall record the new seals and/or identifying marks on the vouchers of the TIR carnet used in their country, on the corresponding counterfoils and on the vouchers remaining in the TIR carnet.

Chapter IV. IRREGULARITIES

Article 36

Any breach of the provisions of this Convention shall render the offender liable, in the country where the offence was committed, to the penalties prescribed by the law of that country.

Article 37

When it is not possible to establish in which territory an irregularity was committed, it shall be deemed to have been committed in the territory of the Contracting Party where it is detected.

Article 38

• 1 Each of the Contracting Parties shall have the right to exclude temporarily or permanently from the operation of this Convention any person guilty of a serious or repeated offence against the customs laws or regulations applicable to the international transport of goods. The conditions in which the offence against the customs laws or regulations is considered to be serious shall be decided by the Contracting Party.

• 2 This exclusion shall be notified without delay to the competent authorities of the Contracting Party on whose territory the person concerned is established or resident, to the association(s) in the country or Customs territory where the offence has been committed and to the TIR Executive Board.

Article 39

When TIR operations are accepted as being otherwise in order:

• 1. The Contracting Parties shall disregard minor discrepancies in the observance of time-limits or routes prescribed.

• 2. Likewise, discrepancies between the particulars on the goods manifest of the TIR carnet and the actual contents of a road vehicle, combination of vehicles or container shall not be considered as infringements of the Convention by the holder of the TIR carnet when evidence is produced to the satisfaction of the competent authorities that these discrepancies were not due to mistakes committed knowingly or through negligence at the time when the goods were loaded or dispatched or when the manifest was made out.

Article 40

The Customs administrations of the countries of departure and of destination shall not consider the holder of the TIR carnet responsible for the discrepancies which may be discovered in those countries, when the discrepancies in fact relate to the Customs procedures which preceded or followed a TIR transport and in which the holder was not involved.

Article 41

When it is established to the satisfaction of the Customs authorities that goods specified on the manifest of a TIR carnet have been destroyed or have been irrecoverably lost by accident or force majeure or that they are short by reason of their nature, payment of the duties and taxes normally due shall be waived.

Article 42

On receipt from a Contracting Party of a request giving the relevant reasons, the competent authorities of the Contracting Parties concerned in a TIR transport shall furnish that Contracting Party with all the available information needed for implementation of the provisions of articles 39, 40 and 41 above.

Article 42 bis

The competent authorities, in close cooperation with the associations, shall take all necessary measures to ensure the proper use of TIR Carnets. To this effect they may take appropriate national and international control measures. National control measures taken in this context by the competent authorities shall be communicated immediately to the TIR Executive Board which will examine their conformity with the provisions of the Convention. International control measures shall be adopted by the Administrative Committee.

Article 42ter

The competent authorities of the Contracting Parties shall, as appropriate, provide authorized associations with information that they require to fulfil the undertaking given in accordance with Annex 9, Part I, Article I f) (iii).

Annex 10 sets out the information to be provided in particular cases.

Chapter V. EXPLANATORY NOTES

Article 43

The Explanatory Notes set out in Annex 6, Annex 7, Part III, and Annex 11, Part II interpret certain provisions of this Convention and its Annexes. They also describe certain recommended practices.

Chapter VI. MISCELLANEOUS PROVISIONS

Article 44

Each Contracting Party shall provide the guaranteeing associations concerned with facilities for:

• (a) the transfer of the currency necessary for the sums claimed by the authorities of Contracting Parties by virtue of the provisions of article 8 of this Convention; and

• (b) the transfer of currency for payment for TIR carnet forms sent to the guaranteeing associations by the corresponding foreign associations or by the international organizations.

Article 45

Each Contracting Party shall cause to be published the list of the Customs offices of departure, Customs offices en route and Customs offices of destination approved by it for accomplishing TIR operations. The Contracting Parties of adjacent territories shall consult each other to agree upon corresponding frontier offices and upon their opening hours.

Article 46

• 1 No charge shall be made for Customs attendance in connexion with the Customs operations mentioned in this Convention, save where it is provided on days or at times or places other than those normally appointed for such operations.

• 2 Contracting Parties shall arrange to the fullest extent possible for Customs operations concerning perishable goods at Customs to be facilitated.

Article 47

• 1 The provisions of this Convention shall preclude neither the application of restrictions and controls imposed under national regulations on grounds of public morality, public security, hygiene or public health, or for veterinary or phytopathological reasons, nor the levy of dues chargeable by virtue of such regulations.

• 2 The provisions of this Convention shall not preclude the application of other provisions either national or international governing transport.

Article 48

Nothing in this Convention shall prevent Contracting Parties which form a Customs or economic union from enacting special provisions in respect of transport operations commencing or terminating in, or passing through, their territories, provided that such provisions do not attenuate the facilities provided for by this Convention.

Article 49

This Convention shall not prevent the application of greater facilities which Contracting Parties grant or may wish to grant either by unilateral provisions or by virtue of bilateral or multilateral agreements provided that such facilities do not impede the application of the provisions of this Convention, and in particular, TIR operations.

Article 50

The Contracting Parties shall communicate to one another, on request, information necessary for implementing the provisions of this Convention, and particularly information relating to the approval of road vehicles or containers and to the technical characteristics of their design.

Article 51

The annexes to this Convention form an integral part of the Convention.

Chapter VII. FINAL CLAUSES

Article 52. Signature, ratification, acceptance, approval and accession

• 1 All States Members of the United Nations or members of any of the specialized agencies 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 signing it subject to ratification, acceptance or approval, or

  • (c) by depositing an instrument of accession.

• 2 This Convention shall be open from 1 January 1976 until 31 December 1976 inclusive for signature at the Office of the United Nations at Geneva by the States referred to in paragraph 1 of this article. Thereafter it shall be open for their accession.

• 3 Customs or economic unions may, together with all their member States or at any time after all their member States have become Contracting Parties to this Convention, also become Contracting Parties to this Convention in accordance with the provisions of paragraphs 1 and 2 of this article. However, these unions shall not have the right to vote.

• 4 The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.

Article 53. Entry into force

• 1 The Convention shall enter into force six months after the date on which five States referred to in article 52, paragraph 1, have signed it without reservation of ratification, acceptance or approval or have deposited their instruments of ratification, acceptance, approval or accession.

• 2 After five States referred to in article 52, paragraph 1, have signed it without reservation of ratification, acceptance or approval, or have deposited their instruments of ratification, acceptance, approval or accession, this Convention shall enter into force for further Contracting Parties six months after the date of the deposit 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 this Convention as amended.

• 4 Any such instrument deposited after an amendment has been accepted but before it has entered into force shall be deemed to apply to this Convention as amended on the date when the amendment enters into force.

Article 54. Denunciation

• 1 Any Contracting Party may denounce this Convention by so notifying the Secretary-General of the United Nations.

• 2 Denunciation shall take effect fifteen months after the date of receipt by the Secretary-General of the notification of denunciation.

• 3 The validity of TIR carnets accepted by the Customs office of departure before the date when the denunciation takes effect shall not be affected thereby and the guarantee of the guaranteeing association shall hold good in accordance with the provisions of this Convention.

Article 55. Termination

If, after the entry into force of this Convention, the number of States which are Contracting Parties is for any period of twelve consecutive months reduced to less than five, the Convention shall cease to have effect from the end of the twelve-month period.

Article 56. Termination of the operation of the TIR Convention, 1959

• 1 Upon its entry into force, this Convention shall terminate and replace, in relations between the Contracting Parties to this Convention, the TIR Convention, 1959.

• 2 Certificates of approval issued in respect of road vehicles and containers under the conditions of the TIR Convention, 1959, shall be accepted during the period of their validity or any extension thereof for the transport of goods under Customs seal by Contracting Parties to this Convention, provided that such vehicles and containers continue to fulfil the conditions under which they were originally approved.

Article 57. Settlement of disputes

• 1 Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, so far as possible, be settled by negotiation between them 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 indicated in paragraph 1 of this article shall, at the request of one of them, be referred to an arbitration tribunal composed as follows:

  each party to the dispute shall appoint an arbitrator and these arbitrators shall appoint another arbitrator, who shall be chairman. If, three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the chairman, any of the parties may request the Secretary-General of the United Nations to appoint an arbitrator or the chairman of the arbitration tribunal.

• 3 The decision of the arbitration tribunal established under the provisions of paragraph 2 shall be binding on the parties to the dispute.

• 4 The arbitration tribunal shall determine its own rules of procedure.

• 5 Decisions of the arbitration tribunal shall be taken by majority vote.

• 6 Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the parties for judgment to the arbitration tribunal which made the award.

Article 58. Reservations

• 1 Any 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 entered such a reservation.

• 2 Any Contracting Party having entered a reservation as provided for in paragraph 1 of this article may at any time withdraw such reservation by notifying the Secretary-General of the United Nations.

• 3 Apart from the reservations provided for in paragraph 1 of this article, no reservation to this Convention shall be permitted.

Article 58 bis. Administrative Committee

An Administrative Committee composed of all the Contracting Parties shall be established. Its composition, functions and rules of procedure are set out in Annex 8.

Article 58 ter. TIR Executive Board

The Administrative Committee shall establish a TIR Executive Board as a subsidiary body which will, on its behalf, fulfil the tasks entrusted to it by the Convention and by the Committee. Its composition functions and rules of procedure are set out in Annex 8.

Article 58 quater. Technical Implementation Body

A Technical Implementation Body shall be established. Its composition, functions and rules of procedure are set out in Annex 11.

Article 59. Procedure for amending this Convention

• 1 This Convention, including its Annexes, may be amended upon the proposal of a Contracting Party by the procedure specified in this Article.

• 2 Except as provided for under Articles 60 bis, any proposed amendment to this Convention shall be considered by the Administrative Committee composed of all the Contracting Parties in accordance with the rules of procedure set out in Annex 8. Any such amendment considered or prepared during the meeting of the Administrative Committee and adopted by it by a two-thirds majority of the members present and voting shall be communicated by the Secretary-General of the United Nations to the Contracting Parties for their acceptance.

• 3 Except as provided for under Articles 60 and 60 bis, any proposed amendment communicated in accordance with the preceding paragraph shall come into force with respect to all Contracting Parties three months after the expiry of a period of twelve months following the date of communication of the proposed amendment during which period no objection to the proposed amendment has been communicated to the Secretary-General of the United Nations by a State which is a Contracting Party.

• 4 If an objection to the proposed amendment has been communicated in accordance with paragraph 3 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect whatsoever.

Article 60. Special procedure for amending Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10

• 1 Any proposed amendment to Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 considered in accordance with paragraphs land 2 of Article 59 shall come into force on a date to be determined by the Administrative Committee at the time of its adoption, unless by a prior date determined by the Administrative Committee at the same time, one-fifth or five of the States which are Contracting Parties, whichever number is less, notify the Secretary-General of the United Nations of their objection to the amendment. Determination by the Administrative Committee of dates referred to in this paragraph shall be by a two-thirds majority of those present and voting.

• 2 On entry into force, any amendment adopted in accordance with the procedures set out in paragraph 1 above shall for all Contracting Parties replace and supersede any previous provisions to which the amendment refers.

Article 60 bis. Special procedure for the entry into force of Annex 11 and amendments thereto

• 1 Annex 11, considered in accordance with paragraphs 1 and 2 of Article 59 shall come into force with respect to all Contracting Parties three months after the expiry of a period of twelve months following the date of communication by the Secretary- General of the United Nations to the Contracting Parties, except for those Contracting Parties that have notified the Secretary-General in writing, within the aforementioned period of three months of their non-acceptance of Annex 11. Annex 11 shall enter into force for Contracting Parties which withdraw their notification of non-acceptance six months after the date on which withdrawal of such notification has been received by the depositary.

• 2 Any proposed amendment to Annex 11 shall be considered by the Administrative Committee. Such amendments shall be adopted by a majority of the Contracting Parties bound by Annex 11 present and voting.

• 3 Amendments to Annex 11 considered and adopted in accordance with paragraph 2 of this Article shall be communicated by the Secretary-General of the United Nations to all Contracting Parties for information or, for those Contracting Parties bound by Annex 11, acceptance.

• 4 The date of entry into force of such amendments shall be determined at the time of their adoption, by a majority of the Contracting Parties bound by Annex 11 present and voting.

• 5 Amendments shall enter into force in accordance with paragraph 4 of this Article unless by a prior date determined at the time of adoption, one-fifth or five of the States which are Contracting Parties bound by Annex 11, whichever number is less, notify the Secretary-General of their objection to the amendments.

• 6 On entry into force, any amendment adopted in accordance with the procedures set out in paragraphs 2 to 5 of this Article shall for all Contracting Parties bound by Annex 11 replace and supersede any previous provisions to which the amendment refers.

Article 61. Requests, communications and objections

The Secretary-General of the United Nations shall inform all Contracting Parties and all States referred to in Article 52, paragraph 1 of this Convention of any request, communication, or objection under Articles 59, 60 and 60 bis above and of the date on which any amendment enters into force.

Article 62. Review 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 reviewing this Convention.

• 2 A review conference to which all Contracting Parties and all States referred to in article 52, paragraph 1, shall be invited, shall be convened by the Secretary-General of the United Nations if, within a period of six months following the date of notification by the Secretary-General, not less than one-fourth of the States which are Contracting Parties notify him of their concurrence with the request.

• 3 A review conference to which all Contracting Parties and all States referred to in article 52, paragraph 1, shall be invited shall also be convened by the Secretary-General of the United Nations upon notification of a request by the Administrative Committee. The Administrative Committee shall make a request if agreed to by a majority of those present and voting in the Committee.

• 4 If a conference is convened in pursuance of paragraphs 1 or 3 of this article, the Secretary-General of the United Nations shall so advise all the Contracting Parties and invite them to submit, within a period of three months, the proposals which they wish the conference to consider. The Secretary-General of the United Nations shall circulate to all Contracting Parties the provisional agenda for the conference, together with the texts of such proposals, at least three months before the date on which the conference is to meet.

Article 63. 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 the States referred to in article 52 of the following:

• (a) signatures, ratifications, acceptances, approvals and accessions under 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 under article 55;

• (e) reservations under 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 the States referred to in article 52, paragraph 1, which 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, French and Russian languages, the three texts being equally authentic.

Annex I

VERSION 1

• 1. The TIR Carnet is printed in French except for page 1 of the cover where the items are also printed in English. The “Rules regarding the use of the TIR Carnet” given in French on page 2 of the cover are also printed in English on page 3 of the cover. The ‘Certified Report’ may also appear, on its reverse side, in a language other than French, as may be appropriate.

• 2. Carnets used for TIR operations within a regional guarantee chain may be printed in any other official language of the United Nations except for page 1 of the cover where the items are also printed in English or French. The “Rules regarding the use of the TIR Carnet” are printed on page 2 of the cover in the official language of the United Nations used and are also printed in English or French on page 3 of the cover.

Model of the TIR Carnet: VERSION 1

Model of the TIR Carnet: VERSION 1

Model of the TIR Carnet: VERSION 1

Model of the TIR Carnet: VERSION 1

Model of the TIR Carnet: VERSION 1

Model of the TIR Carnet: VERSION 1

VERSION 2

• 3. For the transport of tobacco and alcohol for which an increased guarantee may be claimed from the guaranteeing association, in line with Annex 6, Explanatory Note 0.8.3, Customs authorities shall request TIR Carnets to be clearly marked “TOBACCO/ALCOHOL” and “TABAC/ALCOOL” on the cover and on all vouchers. In addition, these Carnets must provide details, at least in English and French, on the categories of tobacco and alcohol guaranteed, on a separate sheet inserted into the Carnet following page 2 of the cover of the Carnet.

Model of the TIR Carnet: VERSION 2

Model of the TIR Carnet: VERSION 2

Model of the TIR Carnet: VERSION 2

[Red.: De Russische tekst is niet opgenomen.]

Model of the TIR Carnet: VERSION 2

Model of the TIR Carnet: VERSION 2

Model of the TIR Carnet: VERSION 2

Model of the TIR Carnet: VERSION 2

Annex 2. REGULATIONS ON TECHNICAL CONDITIONS APPLICABLE TO ROAD VEHICLES WHICH MAY BE ACCEPTED FOR INTERNATIONAL TRANSPORT UNDER CUSTOMS SEAL

Article 1. Basic principles

Approval for the international transport of goods under Customs seal may be granted only to vehicles, the load compartments of which are constructed and equipped in such a manner that:

• (a) no goods can be removed from, or introduced into, the sealed part of the vehicle without leaving obvious traces of tampering or without breaking the Customs seal;

• (b) Customs seals can be simply and effectively affixed to them;

• (c) they contain no concealed spaces where goods may be hidden;

• (d) all spaces capable of holding goods are readily accessible for Customs inspection.

Article 2. Structure of load compartments

• 1 To meet the requirements of article 1 of these Regulations:

  • (a) the constituent parts of the load compartment (sides, floor, doors, roof, uprights, frames, cross-pieces, etc.) shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces or by such methods as will produce a structure which cannot be modified without leaving obvious traces. When the sides, floor, doors and roof are made up of various components, these shall meet the same requirements and be of sufficient strength;

  • (b) doors and all other closing systems (including stopcocks, manhole-covers, flanges etc.) shall be fitted with a device on which Customs seals can be fixed. This device must be such that it cannot be removed and replaced from the outside without leaving obvious traces, or the door or fastening be opened without breaking the Customs seals. The latter shall be adequately protected. Opening roofs shall be permitted;

  • (c) apertures for ventilation and drainage shall be provided with a device preventing access to the interior of the load compartment. This device must be such that it cannot be removed and replaced from the outside without leaving obvious traces.

• 2 Notwithstanding the provisions of article 1 (c) of these Regulations, constituent parts of the load compartment which, for practical reasons, have to include empty spaces (for example, between the partitions of a double wall) shall be permitted. In order that the said spaces cannot be used to conceal goods:

  • (i) where it covers the full height from floor to roof, or, in other cases, where the space between it and the outer wall is completely enclosed the lining inside the load compartment shall be so fitted that it cannot be removed and replaced without leaving obvious traces; and

  • (ii) where a lining is of less than full height and the spaces between the lining and the outer wall are not completely enclosed, and in all other cases where spaces occur in the construction of a load compartment, the number of such spaces shall be kept to a minimum and these spaces shall be readily accessible for Customs inspection.

• 3 Windows shall be allowed provided that they are made of materials of sufficient strength and that they cannot be removed and replaced from the outside without leaving obvious traces. Glass may nevertheless be permitted, but if glass other than safety glass is used, the windows shall be fitted with a fixed metal grill which cannot be removed from the outside; the mesh of the grill shall not exceed 10 mm.

• 4 Openings made in the floor for technical purposes, such as lubrication, maintenance and filling of the sand-box, shall be allowed only on condition that they are fitted with a cover capable of being fixed in such a way as to render the load compartment inaccessible from the outside.

Article 3. Sheeted vehicles

• 1 Where applicable, the provisions of articles 1 and 2 of these Regulations shall apply to sheeted vehicles. In addition, these vehicles shall conform to the provisions of this article.

• 2 The sheet shall be either of strong canvas or of plastic-covered or rubberized cloth, which shall be of sufficient strength and unstretchable. It shall be in good condition and made up in such a way that once the closing device has been secured, it is impossible to gain access to the load compartment without leaving obvious traces.

• 3 If the sheet is made up of several pieces, their edges shall be folded into one another and sewn together with two seams at least 15 mm apart. These seams shall be made as shown in sketch No. 1 appended to these Regulations; however, where in the case of certain parts of the sheet (such as flaps and reinforced corners) it is not possible to assemble the pieces in that way, it shall be sufficient to fold the edge of the top section and make the seams as shown in sketches Nos. 2 or 2 (a) appended to these Regulations. One of the seams shall be visible only from the inside and the colour of the thread used for that seam shall be clearly different from the colour of the sheet itself and from the colour of the thread used for the other seam. All seams shall be machine-sewn.

• 4 If the sheet is of plastic-covered cloth, and is made up of several pieces, the pieces may alternatively be welded together in the manner shown in sketch No. 3 appended to these Regulations. The edges of the pieces shall overlap by at least 15 mm. The pieces shall be fused together over the whole width of the overlap. The edge of the outer sheet shall be covered with a band of plastic material at least 7 mm wide, affixed by the same welding process. The plastic band and the sheet on each side of it for a width of at least 3 mm shall have a clearly-defined uniform relief pattern stamped on them. The pieces shall be welded in such a way that they cannot be separated and rejoined without leaving obvious traces.

• 5 Repairs shall be made in accordance with the method described in sketch No. 4 appended to these Regulations; the edges shall be folded into one another and sewn together with two visible seams at least 15 mm apart; the colour of the thread visible from the inside shall be different from that of the thread visible from the outside and from that of the sheet itself; all seams shall be machinesewn. When a sheet which has been damaged near the edges is repaired by replacing the damaged part by a patch, the seam can also be made in accordance with the provisions of paragraph 3 of this article and sketch No. 1 appended to these Regulations. Sheets of plastic-covered cloth may alternatively be repaired in accordance with the method described in paragraph 4 of this article, but in that case the plastic band must be affixed to both sides of the sheet, the patch being fitted on the inside of the sheet.

• 6 The sheet shall be fixed to the vehicle in strict compliance with the conditions set forth in article 1 (a) and (b) of these Regulations. The following systems can be used:

  • (a) The sheet can be secured by

    • (i) metal rings fixed to the vehicles,

    • (ii) eyelets let into the edge of the sheet and visible from the outside for its entire length.

    • (iii) a fastening passing through the rings above the sheet and

    The sheet shall overlap solid parts of the vehicle by at least 250 mm, measured from the centre of the securing rings, unless the system of construction of the vehicle in itself prevents all access to the load compartment.

  • (b) When any edge of a sheet is to be permanently secured to a vehicle, the two surfaces shall be joined together without a break and shall be held in place by strong devices.

  • (c) When a sheet locking system is used it shall in locked position join the sheet tightly to the outside of the load compartment (as an example see sketch No. 6).

• 7 The sheet shall be supported by an adequate superstructure (uprights, sides, arches, slats, etc.).

• 8 The spaces between the rings and the spaces between the eyelets shall not exceed 200 mm. The spaces may however be greater but shall not exceed 300 mm between rings and eyelets on either side of the upright if the construction of the vehicle and the sheet is such as to prevent all access to the load compartment. The eyelets shall be reinforced.

• 9 The following fastenings shall be used;

  • a) steel wire ropes of at least 3 mm diameter; or

  • b) ropes of hemp or sisal of at least 8 mm diameter encased in a transparent sheath of unstretchable plastic; or

  • c) ropes consisting of batches of fibre-optic lines inside a spirally wound steel housing encased in a transparent sheath of unstretchable plastic; or

  • d) ropes comprising a textile cord surrounded by at least four strands consisting solely of steel wire and completely covering the core, under the condition that the ropes (without taking into account the transparent sheath, if any) are not less than 3 mm in diameter.

  Ropes in accordance with paragraph 9 a) or d) of this Article may have a transparent sheath of unstretchable plastic.

• 10 Each type of rope shall be in one piece and shall have a hard metal end-piece at each end. Each metal end-piece shall allow the introduction of the thread or strap of the Customs seal. The fastener of each metal end-piece of ropes in accordance with the provisions of paragraph 9 a), b) and d) of this Article shall include a hollow rivet passing through the rope so as to allow the introduction of the thread or strap of the Customs seal. The rope shall remain visible on either side of the hollow rivet so that it is possible to ensure that the rope is in one piece (see sketch No. 5 appended to these Regulations).

• 11 At the openings in the sheet, used for loading and unloading, the two surfaces shall be joined together. The following systems can be used:

  • (a) The two edges of the sheet shall have an adequate overlap. They shall also be fastened by:

    • (i) a flap sewn or welded in accordance with paragraphs 3 and 4 of this article;

    • (ii) rings and eyelets meeting the conditions of paragraph 8 of this article; the rings shall be manufactured of metal; and

    • (iii) a thong made of appropriate material, in one piece and unstretchable, at least 20 mm wide and 3 mm thick, passing through the rings and holding together the two edges of the sheet and the flap; the thong shall be secured inside the sheet and fitted either with

      • -

        an eyelet to take the rope mentioned in paragraph 9 of this article or

      • -

        an eyelet which can be attached to a metal ring mentioned in paragraph 6 of this article and be secured by the rope mentioned in paragraph 9 of this article.

    A flap shall not be required if a special device, such as a baffle plate, is fitted, which prevents access to the load compartment without leaving obvious traces. Neither shall a flap be required for vehicles with sliding sheets.

  • (b) A special locking system holding the edges of the sheets tightly locked when the load compartment is closed and sealed. The system shall be provided with an opening through which a metal ring mentioned in paragraph 6 of this article can pass and be secured by the rope mentioned in paragraph 9 of this article. Such a system is described in sketch No. 8 appended to this annex.

Article 4. Vehicles with sliding sheets

• 1 Where applicable, the provisions of Articles 1, 2 and 3 of these Regulations shall apply to vehicles with sliding sheets. In addition, these vehicles shall conform to the provisions of this Article.

• 2 Notwithstanding the provisions of paragraph 3 of this Article, the sliding sheets, floor, doors and all other constituent parts of the load compartment shall fulfil either the requirements in Article 3, paragraphs 6, 8, 9 and 11 of these Regulations or the requirements set out in (i) to (vi) below.

  • (i) The sliding sheets, floor, doors and all other constituent parts of the load compartment shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces, or by such methods as will produce a structure which cannot be modified without leaving obvious traces.

  • (ii) The sheet shall overlap the solid parts at the top of the vehicle by at least 1/4 of the actual distance between the tensioning straps. The sheet shall overlap the solid parts at the bottom of the vehicle by at least 50 mm. The horizontal opening between the sheet and the solid parts of the load compartment may not exceed 10 mm measured perpendicular to the longitudinal axis of the vehicle at any place when the load compartment is secured and sealed for Customs purposes.

  • (iii) The sliding sheet guidance, sliding sheet tension devices and other movable parts shall be assembled in such a way that when closed, and Customs sealed, doors and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding sheet guidance, sliding sheet tension devices and other movable parts shall be assembled in such a way that it is impossible to gain access to the load compartment without leaving obvious traces once the closing devices have been secured. An example of such a system of construction is given in sketch No. 9 appended to these Regulations.

  • (iv) The horizontal distance between the rings, used for Customs purposes, on the solid parts of the vehicle shall not exceed 200 mm. The space may, however, be greater but shall not exceed 300 mm between the rings on either side of the upright if the construction of the vehicle and the sheets is such as preventing all access to the load compartment. In any case, the conditions laid down in (ii) above shall be complied with.

  • (v) The distance between the tensioning straps shall not exceed 600 mm.

  • (vi) The fastenings used to secure the sheets to the solid parts of the vehicle shall fulfil the requirements in Article 3, paragraph 9 of these Regulations.

Article 5. Vehicles with a sheeted sliding roof

• 1 Where applicable, the provisions of Articles 1, 2, 3 and 4 of these Regulations shall apply to vehicles with a sheeted sliding roof. In addition, these vehicles shall conform to the provisions of this Article.

• 2 The sheeted sliding roof shall fulfil the requirements set out in (i) to (iii) below.

  • (i) The sheeted sliding roof shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces, or by such methods as will produce a structure which cannot be modified without leaving obvious traces.

  • (ii) The sliding roof sheet shall overlap with the solid part of the roof at the front side of the load compartment, so that the roof sheet cannot be pulled over the top edge of the upper cantrail. In the length of the load compartment, at both sides, in the hem of the roof sheet, a pre-stressed steel cable shall be inserted in such a way that it cannot be removed and re-inserted without leaving obvious traces. The roof sheet shall be secured to the sliding carriage in such a way that it cannot be removed and re-secured without leaving obvious traces.

  • (iii) The sliding roof guidance, the sliding roof tension devices and other movable parts shall be assembled in such a way that when closed, and Customs sealed, doors, roof and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding roof guidance, sliding roof tension devices and other movable parts shall be assembled in such a way that it is impossible to gain access to the load compartment without leaving obvious traces once the closing devices have been secured.

  An example of a possible system of construction is shown in sketch No.10, appended to these Regulations.

  
  
  
  
  
  

  Sketch No. 6

  EXAMPLE OF SHEET LOCKING SYSTEM

  
  

  Description

  This sheet locking system is acceptable provided that it is fitted with at least on metal ring at each gate end. The openings through which the ring passes are oval and of a size just sufficient to allow the ring to pass through it. The visible part of the metal ring does not protrude more than twice the maximum thickness of the fastening rope when the system is locked.

  In cases where the sheet has to be fixed to the frame in a system of construction which otherwise complies with the provisions of paragraph 6 (a) of this article, a thong can be used as fastening (an example of such a system of construction is given in sketch No. 7 appended to this annex). The thong has to comply with the requirements stipulated in paragraph 11 (c) with regard to material, dimensions and shape.

  Sketch No. 7

  EXAMPLE OF SHEETS FIXED TO SPECIAL-SHAPED FRAMES

  
  

  Description

  This fastening of the sheet to the vehicle is acceptable provided that the rings are recessed in the profile and do not protrude more than the maximum depth of the profile. The width of the profile shall be as narrow as possible.

  

  Description

  In this locking system the two edges at the openings in the sheet used for loading and unloading are united by means of an aluminium locking rod. The sheet openings are provided with a hem over its entire length enclosing a rope (see sketch No. 8.1). This makes it impossible to pull the sheet out of the locking rod’s profile. The hem shall be on the outside and welded in accordance with annex 2, article 3, paragraph 4 of the Convention. The edges are to be passed into the open profiles on the aluminium locking rod and slid into two parallel longitudinal channels which should be closed at their lower end. When the locking rod is in its upper position the edges of the sheet are united. At the upper end of the opening the locking rod is stopped by a transparent plastic cap fixed by riveting to the sheet (see sketch No. 8.2). The locking rod consists of two sections, joined by a riveted hinge, to allow folding for easy fitting and removal. This hinge must be designed in such a way so as not to allow the removal of the swivel pin once the system is locked (see sketch No. 8.3). At the lower part of the locking rod is an opening through which the ring passes. The opening is oval and of a size just sufficient to allow the ring to pass through it (see sketch No. 8.4). The TIR fastening rope will be pulled through this ring to secure the locking rod.

  Sketch No. 9

  EXAMPLE OF A CONSTRUCTION OF A VEHICLE WITH SLIDING SHEETS

  
  
  

  Sketch No.10

  EXAMPLE OF A CONSTRUCTION OF A VEHICLE WITH A SHEETED SLIDING ROOF

  
  
  

Annex 3. PROCEDURE FOR THE APPROVAL OF ROAD VEHICLES COMPLYING WITH THE TECHNICAL CONDITIONS SET FORTH IN THE REGULATIONS CONTAINED IN ANNEX 2

GENERAL

• 1. Road vehicles may be approved by one of the following procedures:

  • (a) individually, or

  • (b) by design type (series of road vehicles).

• 2. An approval certificate conforming to the standard form of annex 4 shall be issued for approved vehicles. This certificate shall be printed in the language of the country of issue and in French or English. When the authority which has granted the approval deems it necessary, photographs or diagrams authenticated by that authority shall be attached to the certificate. The number of those documents shall then be inserted by that authority under item No. 6 of the approval certificate.

• 3. The approval certificate shall be kept on the road vehicle.

• 4. Road vehicles shall be produced every two years, for the purposes of inspection and of renewal of approval where appropriate, to the competent authorities of the country in which the vehicle is registered or, in the case of unregistered vehicles, of the country in which the owner or user is resident.

• 5. If a road vehicle no longer complies with the technical conditions prescribed for its approval, it shall, before it can be used for the transport of goods under cover of TIR carnets, be restored to the condition which had justified its approval so as to comply again with the said technical conditions.

• 6. If the essential characteristics of a road vehicle are changed, the vehicle shall cease to be covered by the approval and shall be reapproved by the competent authority before it can be used for the transport of goods under cover of TIR carnets.

• 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 is established may, as the case may be, withdraw or renew the approval certificate or issue a new approval certificate in the circumstances set out in article 14 of this Convention and in paragraphs 4, 5 and 6 of this annex.

PROCEDURE FOR INDIVIDUAL APPROVAL

• 8. The owner, the operator or the representative of either shall apply to the competent authority for individual approval. The competent authority shall inspect the road vehicle produced in accordance with the general rules laid down in paragraphs 1 to 7 above and shall satisfy that the vehicle complies with the technical conditions prescribed in annex 2, and after approval shall issue a certificate conforming to the model in annex 4.

PROCEDURE FOR APPROVAL BY DESIGN TYPE (SERIES OF ROAD VEHICLES)

• 9. Where road vehicles are manufactured by type series, the manufacturer may apply to the competent authority of the country of manufacture for approval by design-type.

• 10. The manufacturer shall state in his application the identification numbers or letters which he assigns to the type of road vehicle to which his application for approval relates.

• 11. The application shall be accompanied by drawings and a detailed design specification of the type of road vehicle to be approved.

• 12. The manufacturer shall give an undertaking in writing that he will:

  • (a) produce to the competent authority such vehicles of the type concerned as that authority may wish to examine;

  • (b) permit the competent authority to examine further units at any time during the production of the type series concerned;

  • (c) advise the competent authority of any change, however small, in the design or specification before proceeding with such change;

  • (d) mark the road vehicles in a visible place with the identification numbers or letters of the design-type and the serial number of the vehicle in the type series (manufacturer’s number);

  • (e) keep a record of vehicles manufactured to the approved design-type.

• 13. The competent authority shall state what changes, if any, must be made to the proposed design-type in order that approval may be granted.

• 14. No approval by design-type shall be granted unless the competent authority has satisfied itself by examination of one or more vehicles manufactured to the design-type concerned that vehicles of that type comply with the technical conditions prescribed in annex 2.

• 15. The competent authority shall notify the manufacturer in writing of its decision to grant approval by design-type. This decision shall be dated and numbered. The authority which took the decision shall be clearly designated.

• 16. The competent authority shall take the necessary steps to issue an approval certificate, which it has duly signed, in respect of every vehicle built in conformity with an approved design-type.

• 17. The holder of the approval certificate shall, before using the vehicle for the carriage of goods under the cover of a TIR carnet, fill in, as may be required, on the approval certificate:

  • - the registration number given to the vehicle (item No. 1) or,

  • - in the case of a vehicle not subject to registration, particulars of his name and business address (item No. 8).

• 18. When a vehicle which has been approved by design-type is exported to another country which is a Contracting Party to this Convention, no further approval procedure shall be required in that country on account of its importation.

PROCEDURE FOR ENDORSEMENT OF THE CERTIFICATE OF APPROVAL

• 19. When an approved vehicle, carrying goods under cover of a TIR carnet, is found to have major defects, the competent authorities of Contracting Parties may either refuse to allow the vehicle to continue its journey under a TIR carnet, or allow the vehicle to continue its journey under a TIR carnet on its territory while taking the necessary security precautions. The approved vehicle must be restored to a satisfactory state as rapidly as possible, and in any case before it is again used for the transport of goods under cover of a TIR carnet.

• 20. In each of these cases the Customs authorities shall make an appropriate endorsement in item No. 10 of the certificate of approval of the vehicle. When the vehicle has been restored to a condition which justifies approval, it shall be presented to the competent authorities of a Contracting Party who shall revalidate the certificate by adding an endorsement to item No. 11 cancelling the earlier observations. No vehicle, the certificate of which has been endorsed at item No. 10 under the provisions of the preceding paragraph, may again be used for the transport of goods under a TIR carnet until it has been restored to a satisfactory condition and until the endorsement in item No. 10 has been cancelled as stated above.

• 21. Each endorsement made on the certificate shall be dated and authenticated by the competent authorities.

• 22. When a vehicle is found to have defects which the Customs authorities consider to be of minor importance and not involving the risk of smuggling, the continued use of the vehicle for the transport of goods under cover of a TIR carnet can be authorized. The holder of the approval certificate shall be notified of the defects and shall restore his vehicle to a satisfactory state within a reasonable time.

Annex 4. MODEL CERTIFICATE OF APPROVAL OF A ROAD VEHICLE

(Back page)

IMPORTANT NOTICE

• 1. When the authority which has granted the approval deems it necessary, photographs or diagrams authenticated by that authority, shall be attached to the approval certificate. The number of those documents shall then be inserted by the competent authority, under item No. 6 of the certificate.

• 2. The certificate shall be kept on the road vehicle.

• 3. Road vehicles shall be produced every two years, for the purposes of inspection and of renewal of approval where appropriate, to the competent authorities of the country in which the vehicle is registered or, in the case of unregistered vehicles, of the country in which the owner or user is resident.

• 4. If a road vehicle no longer complies with the technical conditions prescribed for its approval, it shall, before it can be used for the transport of goods under cover of TIR carnets, be restored to the condition which had justified its approval so as to comply again with the said technical conditions.

• 5. If the essential characteristics of a road vehicle are changed, the vehicle shall cease to be covered by the approval and shall be reapproved by the competent authority before it can be used for the transport of goods under cover of TIR carnets.

Annex 5. TIR PLATES

• 1. The dimensions of the plates shall be 250 mm by 400 mm.

• 2. The letters TIR in capital Latin characters shall be 200 mm high and their strokes at least 20 mm wide. The letters shall be white on a blue ground.

Annex 6. EXPLANATORY NOTES

[Red: Ligt ter inzage bij de Directie Europese en Douane Aangelegenheden van het Ministerie van Financiën en bij de Afdeling Verdragen van het Ministerie van Buitenlandse Zaken en is gepubliceerd op https://unece.org/2020-3.3)]

Annex 7. ANNEX REGARDING APPROVAL OF CONTAINERS

Part I. REGULATIONS ON TECHNICAL CONDITIONS APPLICABLE TO CONTAINERS WHICH MAY BE ACCEPTED FOR INTERNATIONAL TRANSPORT UNDER CUSTOMS SEAL

Article 1. Basic principles

Approval for the international transport of goods under Customs seal may be granted only to containers constructed and equipped in such a manner that:

• (a) no goods can be removed from, or introduced into, the sealed part of the container without leaving visible traces of tampering or without breaking the Customs seal;

• (b) Customs seals can be simply and effectively affixed to them;

• (c) they contain no concealed spaces where goods may be hidden;

• (d) all spaces capable of holding goods are readily accessible for Customs inspection.

Article 2. Structure of containers

• 1 To meet the requirements of article 1 of these Regulations:

  • (a) the constituent parts of the container (sides, floor, doors, roof, uprights, frames, cross-pieces, etc.) shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving visible traces or by such methods as will produce a structure which cannot be modified without leaving visible traces. When the sides, floor, doors and roof are made up of various components, these shall meet the same requirements and be of sufficient strength;

  • (b) doors and all other closing systems (including stopcocks, manhole-covers, flanges, etc.) shall be fitted with a device on which Customs seals can be fixed. This device must be such that it cannot be removed and replaced from outside the container without leaving visible traces, or the door or fastening be opened without breaking the Customs seals. The latter shall be adequately protected. Opening roofs shall be permitted;

  • (c) apertures for ventilation and drainage shall be provided with a device preventing access to the interior of the container. This device must be such that it cannot be removed and replaced from outside the container without leaving visible traces.

• 2 Notwithstanding the provisions of article 1 (c) of these Regulations, constituent parts of the container which, for practical reasons, have to include empty spaces (for example, between the partitions of a double wall) shall be permitted. In order that the said spaces cannot be used to conceal goods:

  • (i) where it covers the full height from floor to roof, or, in other cases, where the space between it and the outer wall is completely enclosed the lining inside the container shall be so fitted that it cannot be removed and replaced without leaving obvious traces, and

  • (ii) where a lining is of less than full height and the spaces between the lining and the outer wall are not completely enclosed, and in all other cases where spaces occur in the construction of a container, the number of such spaces shall be kept to a minimum and these spaces shall be readily accessible for Customs inspection.

• 3 Windows shall be allowed in demountable bodies as defined in Annex 6, Explanatory note 0.1 (e) of the Convention, provided that they are made of materials of sufficient strength and that they cannot be removed and replaced from the outside without leaving obvious traces. Glass may nevertheless be permitted, but if glass other than safety glass is used, the windows shall be fitted with a fixed metal grille which cannot be removed from the outside; the mesh of the grille shall not exceed 10 mm. Windows shall not be allowed in containers as defined in Article 1 (e) of the Convention other than in demountable bodies as defined in Annex 6, Explanatory Note 0.1 (e) of the Convention.

Article 3. Containers capable of being folded or dismantled

Containers capable of being folded or dismantled shall be subject to the provisions of articles 1 and 2 of these Regulations; in addition, they shall be fitted with a bolting system which locks the various parts together once the container has been erected. This bolting system must be capable of being sealed by the Customs if it is on the outside of the container when the latter has been erected.

Article 4. Sheeted containers

• 1 Where applicable, the provisions of articles 1, 2 and 3 of these Regulations shall apply to sheeted containers. In addition, these containers shall conform to the provisions of this article.

• 2 The sheet shall be either of strong canvas or of plastic-covered or rubberized cloth, which shall be of sufficient strength and unstretchable. It shall be in good condition and made up in such a way that once the closing device has been secured, it is impossible to gain access to the load without leaving visible traces.

• 3 If the sheet is made up of several pieces, their edges shall be folded into one another and sewn together with two seams at least 15 mm apart. These seams shall be made as shown in sketch No. 1 appended to these Regulations; however, where in the case of certain parts of the sheet (such as flaps and reinforced corners) it is not possible to assemble the pieces in that way, it shall be sufficient to fold the edge of the top section and make the seams as shown in sketch No. 2 appended to these Regulations. One of the seams shall be visible only from the inside and the colour of the thread used for that seam shall be clearly different from the colour of the sheet itself and from the colour of the thread used for the other seam. All seams shall be machine-sewn.

• 4 If the sheet is of plastic-covered cloth, and is made up of several pieces, the pieces may alternatively be welded together in the manner shown in sketch No. 3 appended to these Regulations. The edges of the pieces shall overlap by at least 15 mm. The pieces shall be fused together over the whole width of the overlap. The edge of the outer sheet shall be covered with a band of plastic material at least 7 mm wide, affixed by the same welding process. The plastic band and a width of at least 3 mm on each side shall have a wellmarked uniform relief stamped on it. The pieces shall be welded in such a way that they cannot be separated and rejoined without leaving visible traces.

• 5 Repairs shall be made in accordance with the method described in sketch No. 4 appended to these Regulations; the edges shall be folded into one another and sewn together with two visible seams at least 15 mm apart; the colour of the thread visible from the inside shall be different from that of the thread visible from the outside and from that of the sheet itself; all seams shall be machine-sewn. When a sheet which has been damaged near the edges is repaired by replacing the damaged part by a patch, the seam can also be made in accordance with the provisions of paragraph 3 of this article and sketch No. 1 appended to these Regulations. Sheets of plastic-covered cloth may alternatively be repaired in accordance with the method described in paragraph 4 of this article, but in that case the plastic band must be affixed to both sides of the sheet, the patch being fitted on the inside of the sheet.

• 6 The sheet shall be fixed to the container in strict compliance with the conditions set forth in article 1 (a) and (b) of these Regulations.

  The following systems can be used:

  • (a) The sheet can be secured by

    • (i) metal rings fixed to the containers,

    • (ii) eyelets let into the edge of the sheet and

    • (iii) a fastening passing through the rings above the sheet and visible from the outside for its entire length.

    The sheet shall overlap solid parts of the container by at least 250 mm, measured from the centre of the securing rings, unless the system of construction of the container in itself prevents all access to the goods.

  • (b) When any edge of a sheet is to be permanently secured to a container, the two surfaces shall be joined together without a break and shall be held in place by strong devices.

  • (c) When a sheet locking system is used it shall in locked position join the sheet tightly to the outside of the container (as an example see sketch No. 6).

• 7 The sheet shall be supported by an adequate superstructure (uprights, sides, arches, slats, etc.).

• 8 The spaces between the rings and the spaces between the eyelets shall not exceed 200 mm. The spaces may however be greater but shall not exceed 300 mm between rings and eyelets on either side of the upright if the construction of the container and the sheet is such as to prevent all access to the interior of the container. The eyelets shall be reinforced.

• 9 The following fastenings shall be used;

  • a) steel wire ropes of at least 3 mm diameter; or

  • b) ropes of hemp or sisal of at least 8 mm diameter encased in a transparent sheath of unstretchable plastic; or

  • c) ropes consisting of batches of fibre-optic lines inside a spirally wound steel housing encased in a transparent sheath of unstretchable plastic; or

  • d) ropes comprising a textile cord surrounded by at least four strands consisting solely of steel wire and completely covering the core, under the condition that the ropes (without taking into account the transparent sheath, if any) are not less than 3 mm in diameter.

  Ropes in accordance with paragraph 9 a) or d) of this Article may have a transparent sheath of unstretchable plastic.

  In cases where the sheet has to be fixed to the frame in a system of construction which otherwise complies with the provisions of paragraph 6 (a) of this article, a thong can be used as fastening (an example of such a system of construction is given in sketch No. 7 appended to this annex). The thong has to comply with the requirements stipulated in paragraph 11 (a) (iii) with regard to material, dimensions and shape.

• 10 Each type of rope shall be in one piece and shall have a hard metal end-piece at each end. Each metal end-piece shall allow the introduction of the thread or strap of the Customs seal. The fastener of each metal end-piece of ropes in accordance with the provisions of paragraph 9 a), b) and d) of this Article shall include a hollow rivet passing through the rope so as to allow the introduction of the thread or strap of the Customs seal. The rope shall remain visible on either side of the hollow rivet so that it is possible to ensure that the rope is in one piece (see sketch No. 5 appended to these Regulations).

• 11 At the openings in the sheet, used for loading and unloading, the two surfaces shall be joined together. The following systems can be used:

  • (a) The two edges of the sheet shall have an adequate overlap. They shall also be fastened by:

    • (i) a flap sewn or welded in accordance with paragraphs 3 and 4 of this article;

    • (ii) rings and eyelets meeting the conditions of paragraph 8 of this article; the rings shall be manufactured of metal; and

    • (iii) a thong made of appropriate material, in one piece and unstretchable, at least 20 mm wide and 3 mm thick, passing through the rings and holding together the two edges of the sheet and the flap; the thong shall be secured inside the sheet and fitted either with

      • - an eyelet to take the rope mentioned in paragraph 9 of this article or

      • - an eyelet which can be attached to a metal ring mentioned in paragraph 6 of this article and be secured by the rope mentioned in paragraph 9 of this article.

    A flap shall not be required if a special device, such as a baffle plate, is fitted, which prevents access to the load compartment without leaving obvious traces. Neither shall a flap be required for containers with sliding sheets.

  • (b) A special locking system holding the edges of the sheets tightly locked when the load compartment is closed and sealed. The system shall be provided with an opening through which a metal ring mentioned in paragraph 6 of this article can pass and be secured by the rope mentioned in paragraph 9 of this article. Such a system is described in sketch No. 8 appended to this annex.

• 12 The identification marks, which must appear on the container, and the approval plate provided for in Part II of this annex, shall in no circumstances be covered by the sheet.

Article 5. Containers with sliding sheets

• 1 Where applicable, the provisions of Articles 1, 2, 3 and 4 of these Regulations shall apply to containers with sliding sheets. In addition, these containers shall conform to the provisions of this article.

• 2 Notwithstanding the provisions of paragraph 3 of this Article, the sliding sheets, floor, doors and all other constituent parts of the container shall fulfil either the requirements in Article 4, paragraphs 6, 8, 9 and 11 of these Regulations or the requirements set out in (i) to (vi) below.

  • (i) The sliding sheets, floor, doors and all other constituent parts of the container shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces, or by such methods as will produce a structure which cannot be modified without leaving obvious traces.

  • (ii) The sheet shall overlap the solid parts at the top of the container by at least l/4 of the actual distance between the tensioning straps. The sheet shall overlap the solid parts at the bottom of the container by at least 50 mm. The horizontal opening between the sheet and the solid parts of the container may not exceed 10 mm measured perpendicular to the longitudinal axis of the container at any place when the container is secured and sealed for Customs purposes.

  • (iii) The sliding sheet guidance, sliding sheet tension devices and other movable parts shall be assembled in such a way that when closed, and Customs sealed, doors and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding sheet guidance, sliding sheet tension devices and other movable parts shall be assembled in such a way that it is impossible to gain access to the container without leaving obvious traces once the closing devices has been secured. An example of such a system of construction is given in sketch No. 9 appended to these Regulations.

  • (iv) The horizontal distance between the rings, used for Customs purposes, on the solid parts of the container shall not exceed 200 mm. The space may, however, be greater but shall not exceed 300 mm between the rings on either side of the upright if the construction of the container and the sheets is such as preventing all access to the container. In any case, the conditions laid down in (ii) above shall be complied with.

  • (v) The distance between the tensioning straps shall not exceed 600 mm.

  • (vi) The fastenings used to secure the sheets to the solid parts of the container shall fulfil the requirements in Article 4, paragraph 9 of these Regulations.

Article 6. Containers with a sheeted sliding roof

• 1 Where applicable, the provisions of Articles 1, 2, 3, 4 and 5 of these Regulations shall apply to containers with a sheeted sliding roof. In addition, these containers shall conform to the provisions of this Article.

• 2 The sheeted sliding roof shall fulfil the requirements set out in (i) to (iii) below.

  • (i) The sheeted sliding roof shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces, or by such methods as will produce a structure which cannot be modified without leaving obvious traces.

  • (ii) The sliding roof sheet shall overlap with the solid part of the roof at the front side of the container, so that the roof sheet cannot be pulled over the top edge of the upper cantrail. In the length of the container, at both sides, in the hem of the roof sheet, a pre-stressed steel cable shall be inserted in such a way that it cannot be removed and re-inserted without leaving obvious traces. The roof sheet shall be secured to the sliding carriage in such a way that it cannot be removed and re-secured without leaving obvious traces.

  • (iii) The sliding roof guidance, the sliding roof tension devices and other movable parts shall be assembled in such a way that when closed, and Customs sealed, doors, roof and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding roof guidance, sliding roof tension devices and other movable parts shall be assembled in such a way that it is impossible to gain access to the container without leaving obvious traces once the closing devices have been secured.

  An example of a possible system of construction is shown in sketch No. 10, appended to these Regulations.

  
  
  
  
  

  Sketch No. 6

  EXAMPLE OF SHEET LOCKING SYSTEM

  
  

  Description

  This sheet locking system is acceptable provided that it is fitted with at least on metal ring at each gate end. The openings through which the ring passes are oval and of a size just sufficient to allow the ring to pass through it. The visible part of the metal ring does not protrude more than twice the maximum thickness of the fastening rope when the system is locked.

  In cases where the sheet has to be fixed to the frame in a system of construction which otherwise complies with the provisions of paragraph 6 (a) of this article, a thong can be used as fastening (an example of such a system of construction is given in sketch No. 7 appended to this annex). The thong has to comply with the requirements stipulated in paragraph 11 (c) with regard to material, dimensions and shape.

  Sketch No. 7

  EXAMPLE OF SHEETS FIXED TO SPECIAL-SHAPED FRAMES

  
  

  Description

  This fastening of the sheet to the vehicle is acceptable provided that the rings are recessed in the profile and do not protrude more than the maximum depth of the profile. The width of the profile shall be as narrow as possible.

  

  Description

  In this locking system the two edges at the openings in the sheet used for loading and unloading are united by means of an aluminium locking rod. The sheet openings are provided with a hem over its entire length enclosing a rope (see sketch No. 8.1). This makes it impossible to pull the sheet out of the locking rod’s profile. The hem shall be on the outside and welded in accordance with annex 2, article 3, paragraph 4 of the Convention. The edges are to be passed into the open profiles on the aluminium locking rod and slid into two parallel longitudinal channels which should be closed at their lower end. When the locking rod is in its upper position the edges of the sheet are united. At the upper end of the opening the locking rod is stopped by a transparent plastic cap fixed by riveting to the sheet (see sketch No. 8.2). The locking rod consists of two sections, joined by a riveted hinge, to allow folding for easy fitting and removal. This hinge must be designed in such a way so as not to allow the removal of the swivel pin once the system is locked (see sketch No. 8.3). At the lower part of the locking rod is an opening through which the ring passes. The opening is oval and of a size just sufficient to allow the ring to pass through it (see sketch No. 8.4). The TIR fastening rope will be pulled through this ring to secure the locking rod.

  Sketch 9

  EXAMPLE OF A CONSTRUCTION OF A CONTAINER WITH SLIDING SHEETS

  
  
  

  Sketch No. 10

  EXAMPLE OF A CONSTRUCTION OF A CONTAINER WITH A SHEETED SLIDING ROOF

  
  
  
  

Part II. PROCEDURES FOR THE APPROVAL OF CONTAINERS COMPLYING WITH THE TECHNICAL CONDITIONS PRESCRIBED IN PART I

General

• 1. Containers may be approved for the transport of goods under Customs seal either:

  • (a) at the manufacturing stage, by design type (procedure for approval at the manufacturing stage); or

  • (b) at a stage subsequent to manufacture, either individually or in respect of a specified number of containers of the same type (procedure for approval at a stage subsequent to manufacture).

Provisions common to both approval procedures

• 2. The competent authority responsible for granting approval shall issue to the applicant, after approval, a certificate of approval valid, as the case may be, either for an unlimited series of containers of the approved type or for a specified number of containers.

• 3. The beneficiary of approval shall affix an approval plate to the approved container or containers before their use for the transport of goods under Customs seal.

• 4. The approval plate shall be affixed permanently and in a clearly visible place adjacent to any other approval plate issued for official purposes.

• 5. The approval plate, conforming to model No. I reproduced in appendix 1 to this Part, shall take the form of a metal plate measuring not less than 20 cm by 10 cm. The following particulars shall be stamped into or embossed on the plate or indicated on its surface in any other permanent and legible way, in at least the English or the French language:

  • (a) the words “Approved for transport under Customs seal”;

  • (b) an indication of the country in which approval was granted either by name or by means of the distinguishing sign used to indicate the country of registration of motor vehicles in international road traffic, and the number (figures, letters, etc.) of the certificate of approval and the year (e.g. “NL/26/73” means “Netherlands, certificate of approval No. 26, issued in 1973”);

  • (c) the serial number assigned to the container by the manufacturer (manufacturer's number);

  • (d) if the container has been approved by type, the identification numbers or letters of the type of container.

• 6. If a container no longer complies with the technical conditions prescribed for its approval, it shall, before it can be used for the transport of goods under Customs seal, be restored to the condition which had justified its approval, so as to comply again with the said technical conditions.

• 7. If the essential characteristics of a container are changed, the container shall cease to be covered by the approval and shall be reapproved by the competent authority before it can be used for the transport of goods under Customs seal.

Special provisions for approval by design type at the manufacturing stage

• 8. Where the containers are manufactured by type series, the manufacturer may apply to the competent authority of the country of manufacture for approval by design type.

• 9. The manufacturer shall state in his application the identification numbers or letters which he assigns to the type of container to which his application for approval relates.

• 10. The application shall be accompanied by drawings and a detailed design specification of the container type to be approved.

• 11. The manufacturer shall give an undertaking in writing that he will:

  • (a) produce to the competent authority such containers of the type concerned as that authority may wish to examine;

  • (b) permit the competent authority to examine further units at any time during the production of the type series concerned;

  • (c) advice the competent authority of any change, of whatever magnitude, in the design or specification before proceeding with such change;

  • (d) mark the containers in a visible place with, in addition to the markings required on the approval plate, the identification numbers or letters of the design type and the serial number of the container in the type series (manufacturer's number);

  • (e) keep a record of containers manufactured to the approved design type.

• 12. The competent authority shall state what changes, if any, must be made to the proposed design type so that approval may be granted.

• 13. No type-approval by design type shall be granted unless the competent authority has satisfied itself by examination of one or more containers manufactured to the design type concerned that containers of that type comply with the technical conditions prescribed in Part I.

• 14. When a container type is approved there shall be issued to the applicant a single certificate of approval conforming to model No. II reproduced in appendix 2 to this Part and valid for all containers manufactured in conformity with the specifications of the type so approved. Such certificate shall entitle the manufacturer to affix to every container of the type series an approval plate in the form prescribed in paragraph 5 of this Part.

Special provisions for approval at a stage subsequent to manufacture

• 15. If approval has not been applied for at the manufacturing stage, the owner, the operator, or the representative of either, may apply for approval to the competent authority to which he is able to produce the container or containers and for which he seeks approval.

• 16. An application for approval submitted under paragraph 15 of this Part shall state the serial number (manufacturer's number) placed on each container by the manufacturer.

• 17. When the competent authority has ascertained that the container or containers comply with the technical conditions prescribed in Part I, by examination of as many containers as it considers necessary, it shall issue a certificate of approval conforming to model No. III reproduced in appendix 3 to this Part and valid solely for the number of containers approved. Such certificate, which shall bear the manufacturer's serial number or numbers assigned to the container or containers to which it relates, shall entitle the applicant to affix to each container so approved the approval plate prescribed in paragraph 5 of this Part.

Appendix 2 to Part II

IMPORTANT NOTICE

(Annex 7, part II, paragraphs 6 and 7, to the Customs Convention on the International Transport of Goods under cover of TIR Carnets, 1975)

Appendix 3 to part II

IMPORTANT NOTICE

(Annex 7, part II, paragraphs 6 and 7, to the Customs Convention on the International Transport of Goods under cover of TIR Carnets, 1975)

Part III. EXPLANATORY NOTES

• 1. The Explanatory Notes to annex 2 set out in annex 6 of this Convention apply mutatis mutandis to containers approved for transport under Customs seal for the application of this Convention.

• 2. Part I - article 4, paragraph 6, subparagraph (a)

  Example of a system of affixing sheets around containers’ cornercastings, acceptable from a Customs point of view, is given in the sketch appended to this Part III.

• 3. Part II - paragraph 5

  If two sheeted containers, approved for transport under Customs seal have been joined together in such a way that they form one container, covered by a single sheet and fulfilling the conditions for transport under Customs seal, a separate certificate of approval, or approval plate, shall not be required for the combination.

Annex 8. COMPOSITION, FUNCTIONS AND RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE AND THE TIR EXECUTIVE BOARD

COMPOSITION, FUNCTIONS AND RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE

Article 1

• (i) The Contracting Parties shall be members of the Administrative Committee.

• (ii) The Committee may decide that the competent administrations of States referred to in article 52, paragraph 1 of this Convention which are not Contracting Parties or representatives of international organizations may, for questions which interest them, attend the sessions of the Committee as observers.

Article 1 bis

• 1 The Committee shall consider any proposed amendment to the Convention in accordance with article 59, paragraphs 1 and 2.

• 2 The Committee shall monitor the application of the Convention and shall examine any measure taken by Contracting Parties, associations and international organizations under the Convention and their conformity therewith.

• 3 The Committee, through the TIR Executive Board, shall supervise and provide support in the application of the Convention at the national and international levels.

• 4 The Committee shall receive and examine the annual audited financial statements and audit report(s) submitted by the international organization pursuant to the obligations under Annex 9, Part III. In the course and within the scope of its examination, the Committee may request that additional information, clarifications or documents be provided by the international organization or the independent external auditor.

• 5 Without prejudice to the examination mentioned in paragraph 4, the Committee shall, on the basis of a risk assessment, have the right to request additional examinations to be carried out. The Committee shall mandate the TIR Executive Board or request the competent United Nations services to carry out the risk assessment.

  The scope of additional examinations shall be determined by the Committee, taking into account the risk assessment of the TIR Executive Board or of the competent United Nations services.

  The results of all examinations referred to in this article shall be kept by the TIR Executive Board and provided to all Contracting Parties for due consideration.

• 6 The procedure for undertaking the additional examinations shall be approved by the Committee.

Article 2

The Secretary-General of the United Nations shall provide the Committee with secretariat services.

Article 3

The Committee shall, at its first session each year, elect a chairman and a vice-chairman.

Article 4

The Secretary-General of the United Nations shall convene under the auspices of the Economic Commission for Europe the Committee annually and also at the request of the competent administrations of at least five States which are Contracting Parties.

Article 5

Proposals shall be put to the vote. Each State which is a Contracting Party represented at the session shall have one vote. Proposals other than amendments to this Convention shall be adopted by the Committee by a majority of those present and voting. Amendments to this Convention and the decisions referred to in articles 59 and 60 of this Convention shall be adopted by a two-thirds majority of those present and voting.

Article 6

A quorum consisting of not less than one third of the States which are Contracting Parties is required for the purposes of taking decisions.

Article 7

Before the closure of its session, the Committee shall adopt its report.

Article 8

In the absence of relevant provisions in this annex, the Rules of Procedure of the Economic Commission for Europe shall be applicable unless the Committee decides otherwise.

COMPOSITION, FUNCTIONS AND RULES OF PROCEDURE OF THE TIR EXECUTIVE BOARD

Article 9

• 1 The TIR Executive Board established by the Administrative Committee in accordance with article 58 ter, shall be composed of nine members, each from different Contracting Parties to the Convention. The TIR Secretary will attend the sessions of the Board.

• 2 The members of the TIR Executive Board shall be elected by the Administrative Committee by a majority of those present and voting. The term of office of each member of the TIR Executive Board shall be two years. The members of the TIR Executive Board may be re-elected. The Terms of Reference for the TIR Executive Board shall be established by the Administrative Committee.

Article 10

The TIR Executive Board shall:

• a) supervise the application of the Convention, including the operation of the guarantee system, and fulfil the functions entrusted to it by the Administrative Committee;

• b) supervise the centralized printing and distribution to the associations of TIR Carnets which may be performed by an agreed international organization as referred to in article 6;

• c) coordinate and foster the exchange of intelligence and other information among competent authorities of Contracting Parties;

• d) coordinate and foster the exchange of information between competent authorities of Contracting Parties, associations and international organizations;

• e) facilitate the settlement of disputes between Contracting Parties, associations, insurance companies and international organizations without prejudice to article 57 on the settlement of disputes;

• f) support the training of personnel of Customs authorities and other interested parties concerned with the TIR procedure;

• g) maintain a central record for the dissemination to Contracting Parties of information to be provided by the international organizations as referred to in article 6, on all rules and procedures prescribed for the issue of TIR Carnets by associations, as far as they relate to the minimum conditions and requirements laid down in annex 9;

• h) monitor the price of TIR Carnets.

Article 11

• 1 A session of the Board shall be convened by the TIR Secretary at the request of the Administrative Committee or by at least three members of the Board.

• 2 The Board shall strive to take decisions by consensus. If no consensus can be reached, decisions shall be put to vote and shall be taken by a majority of those present and voting. A quorum of five members is required for the purposes of taking decisions. The TIR Secretary shall have no vote.

• 3 The Board shall elect a Chairman and shall adopt any additional rules of procedure.

• 4 The Board shall report on its activities, including the submission of audited accounts, to the Administrative Committee. The Board will be represented in the Administrative Committee by its Chairman.

• 5 The Board shall consider any information and queries transmitted to it by the Administrative Committee, Contracting Parties, the TIR Secretary, national associations and international organizations referred to in article 6 of the Convention. These international organizations shall have the right to attend the sessions of the TIR Executive Board as observers unless its Chairman decided otherwise. If necessary, any other organization may attend the sessions of the Board as observer at the invitation of the Chairman.

Article 12

The TIR Secretary shall be a member of the secretariat of the United Nations Economic Commission for Europe and shall execute the decisions of the TIR Executive Board within the Terms of Reference of the Board. The TIR Secretary will be assisted by a TIR secretariat, the size of which shall be determined by the Administrative Committee.

Article 13

• 1 The operation of the TIR Executive Board and the TIR secretariat shall be financed, until such time as alternative sources of funding are obtained, through an amount per TIR Carnet distributed by the international organization as referred to in Article 6. This amount shall be approved by the Administrative Committee.

• 2 The procedure to implement the financing of the operation of the TIR Executive Board and the TIR secretariat shall be approved by the Administrative Committee.

Annex 9. ACCESS TO THE TIR PROCEDURES

Part I. AUTHORIZATION FOR ASSOCIATIONS TO ISSUE TIR CARNETS AND TO ACT AS GUARANTOR

Minimum conditions and requirements

• 1 The minimum conditions and requirements to be complied with by associations in order to be authorized by customs authorities or other competent authorities of a Contracting Party to issue TIR Carnets and act as guarantor in accordance with article 6 of the Convention are:

  • a) Proven existence for at least one year as an association established in the Contracting Party where the authorization is issued.

  • b) Proof of sound financial standing and organizational capabilities enabling the association to fulfil its obligations under the Convention.

  • c) Absence of serious or repeated offences against Customs or tax legislation.

  • d) Establishment of a written agreement or any other legal instrument between the association and the competent authorities of the Contracting Party in which it is established including the acceptance by the association of its duties as set out in paragraph 3.

• 2 A certified copy of the written agreement or any other legal instrument referred to under paragraph 1 (d) together, if necessary, with a certified translation into English, French or Russian, shall be deposited with the TIR Executive Board. Any changes shall be immediately brought to the attention of the TIR Executive Board.

• 3 The duties of the association are to:

  • (i) comply with the obligations laid down in Article 8 of the Convention;

  • (ii) accept the maximum sum per TIR Carnet determined by the Contracting Parties which may be claimed from the association in accordance with Article 8, paragraph 3 of the Convention;

  • (iii) verify continuously and, in particular, before requesting authorization for access of persons to the TIR procedure, the fulfilment of the minimum conditions and requirements as laid down in Part II of this Annex;

  • (iv) provide its guarantees for all liabilities incurred in the country in which it is established in connection with operations under cover of TIR Carnets issued by itself and by foreign associations affiliated to the same international organization as that to which it is itself affiliated;

  • (v) cover its liabilities to the satisfaction of the competent authorities of the Contracting Party in which it is established with an insurance company, pool of insurers or financial institution. The insurance or financial guarantee contract(s) shall cover the totality of its liabilities in connection with operations under cover of TIR Carnets issued by itself and by foreign associations affiliated to the same international organization as that to which it is itself affiliated;

    The time to give notice for the termination of the insurance or financial guarantee contract(s) shall be not less than the time to give notice for the termination of the written agreement or any other legal instrument as referred to in paragraph 1 (d). A certified copy of the insurance or financial contract(s) as well as all subsequent modifications thereto shall be deposited with the TIR Executive Board, including a certified translation, if necessary, into English, French or Russian;

  • (vi) provide the TIR Executive Board, annually, before 1 March with the price of each type of TIR Carnet it issues;

  • (vii) allow the competent authorities to verify all records and accounts kept relating to the administration of the TIR procedure;

  • (viii) accept a procedure for settling efficiently disputes arising from the improper or fraudulent use of TIR Carnets, whenever possible without recourse to courts;

  • (ix) comply strictly with the decisions of the competent authorities of the Contracting Party in which it is established concerning the revocation or withdrawal of the authorization in line with Article 6 of the Convention and Part II of this Annex or the exclusion of persons in line with Article 38 of the Convention;

  • (x) agree to implement faithfully all decisions adopted by the Administrative Committee and the TIR Executive Board in as much as the competent authorities of the Contracting Party in which the association is established have accepted them;

  • (xi) confirm, in case of a fallback procedure described in Article 10, paragraph 2 of Annex 11, for Contracting Parties bound by Annex 11, upon request of the competent authorities, that the guarantee is valid, that a TIR transport is carried out under the eTIR procedure and provide other information relevant to the TIR transport.

• 4 When a guaranteeing association is asked, in accordance with the procedure set out in Article 11, to pay the sums referred to in Article 8, paragraphs 1 and 2, it shall, in accordance with the written agreement referred to in Explanatory Note 0.6.2bis-1 to Article 6, paragraph 2 bis, inform the international organization of the reception of the claim.

• 5 The Contracting Party in which the association is established shall revoke the authorization to issue TIR Carnets and to act as guarantor in case of non-compliance with these conditions and requirements. Should a Contracting Party decide to revoke the authorization, the decision shall become effective at the earliest three (3) months after the date of revocation.

• 6 The authorization of an association under the terms set out above shall be without prejudice to that association’s responsibilities and liabilities under the Convention.

• 7 The conditions and requirements laid down below are without prejudice to additional conditions and requirements that each Contracting Party may wish to prescribe.

Part II. AUTHORIZATION FOR NATURAL AND LEGAL PERSONS TO UTILIZE TIR CARNETS

Minimum conditions and requirements

• 1 The minimum conditions and requirements to be complied with by persons wishing to have access to the TIR procedure are:

  • a) Proven experience or, at least, capability to engage in regular international transport (holder of a licence for carrying out international transport, etc.).

  • b) Sound financial standing.

  • c) Proven knowledge in the application of the TIR Convention.

  • d) Absence of serious or repeated offences against Customs or tax legalisation.

  • e) An undertaking in a written declaration of commitment to the association that the person:

    • (i) will comply with all Customs formalities required under the Convention at the Customs offices of departure, en route and of destination;

    • (ii) will pay the sums due, mentioned in article 8, paragraphs 1 and 2 of the Convention, if requested to do so by the competent authorities in line with article 8, paragraph 7 of the Convention;

    • (iii) will, as far as national legislation permits, allow associations to verify information on the above minimum conditions and requirements.

• 2 Additional and more restrictive conditions and requirements for access to the TIR procedure may be introduced by the competent authorities of Contracting Parties and by the associations themselves unless the competent authorities decide otherwise.

Procedure

• 3 Contracting Parties will decide, in line with national legislation, the procedures to be followed for access to the TIR procedure on the basis of the minimum conditions and requirements set forth in paragraphs 1 and 2.

• 4 The competent authorities shall transmit without delay from the date of authorization or withdrawal of authorization to use TIR Carnets, the particulars of each person to the TIR Executive Board, including:

  • a) Individual and unique identification (ID) number assigned to the person by the guaranteeing association, in cooperation with the international organization to which it is affiliated, in accordance with the harmonized format determined by the Administrative Committee;

  • b) Name(s) and address(es) of the person(s) or enterprise, for a business association, also the names of responsible managers;

  • c) Contact person with complete contact information; and

  • d) Commercial registration number or international transport licence number or other (if available).

• 5 The associations shall transmit any change in the particulars of authorized persons without delay from the moment they become aware of it to the competent authorities and the TIR Executive Board.

• 6 The authorization for access to the TIR procedure does not constitute in itself a right to obtain TIR Carnets from the associations.

• 7 Authorization of a person to utilize TIR Carnets under the minimum conditions and requirements set out above, shall be without prejudice to that person’s responsibilities and liabilities under the Convention.

Part III. Authorization of an international organization, as referred to in Article 6, to take on the responsibility for the effective organization and functioning of an international guarantee system and to print and distribute TIR Carnets

Conditions and requirements

• 1 The conditions and requirements to be complied with by an international organization in order to be authorized, in accordance with Article 6.2 bis of the Convention, by the Administrative Committee to take on the responsibility for the effective organization and functioning of an international guarantee system and to print and distribute TIR Carnets are:

  • a) Proof of sound professional competence and financial standing for the effective organization and functioning of an international guarantee system and the organizational capabilities to fulfil its obligations under the Convention by means of annual submissions of consolidated financial statements duly audited by internationally recognized independent auditors;

  • b) Absence of serious or repeated offences against Customs or tax legislation.

• 2 Pursuant to the authorization, the international organization shall:

  • a) provide the Contracting Parties of the TIR Convention via the national associations affiliated to the international organization with certified copies of the global guarantee contract and proof of guarantee coverage;

  • b) provide the competent bodies of the TIR Convention with information on the rules and procedures set out for the issue of TIR Carnets by national associations;

  • c) provide the competent bodies of the TIR Convention, on a yearly basis, with data on claims lodged, pending, paid or settled without payment;

  • d) provide the competent bodies of the TIR Convention with full and complete information on the functioning of the TIR system, in particular, but not limited to timely and well founded information on trends in the number of non-terminated TIR operations, claims lodged, pending, paid or settled without payment that might give rise to concerns with regard to the proper functioning of the TIR system or that could lead to difficulties for the continued operation of its international guarantee system;

  • e) provide the competent bodies of the TIR Convention with statistical data on the number of TIR Carnets distributed to each Contracting Party, broken down by type;

  • f) provide the TIR Executive Board with details of the distribution price by the international organization of each type of TIR Carnet;

  • g) take all possible steps to reduce the risk of counterfeiting TIR Carnets;

  • h) take the appropriate corrective action in cases where faults or deficiencies with the TIR Carnet have been detected and report these to the TIR Executive Board;

  • j) fully participate in cases where the TIR Executive Board is called upon to facilitate the settlement of disputes;

  • k) ensure that any problem involving fraudulent activities or other difficulties with regard to the application of the TIR Convention is immediately brought to the attention of the TIR Executive Board;

  • l) manage the control system for TIR Carnets, provided for in Annex 10 of the Convention, together with national guaranteeing associations affiliated to the international organization and the Customs authorities and to inform the Contracting Parties and the competent bodies of the Convention of problems encountered in the system;

  • m) provide the competent bodies of the TIR Convention with statistics and data on the performance of Contracting Parties with regard to the control system provided for in Annex 10;

  • n) conclude, not less than two months before the provisional date of entry into force or renewal of the authorization granted in accordance with Article 6.2bis of the Convention, a written agreement with the United Nations Economic Commission for Europe secretariat, mandated by and acting on behalf of the Administrative Committee, which shall include the acceptance by the international organization of its duties set out in this paragraph;

  • o) maintain separate records and accounts containing information and documentation which pertain to the organization and functioning of an international guarantee system and the printing and distribution of TIR Carnets;

  • p) provide its full and timely cooperation, including, but not limited to, allowing access to the above records and accounts to the competent United Nations services or to any other duly authorized competent entity and, at all times, facilitating additional inspections and audits performed by them on behalf of Contracting Parties, pursuant to Annex 8, Article 1 bis, paragraphs 5 and 6;

  • q) engage an independent external auditor to conduct annual audits of the records and accounts mentioned under subparagraph (o). The external audit shall be performed in accordance with International Standards on Auditing (ISA) and shall result in an annual audit report and a management letter which shall be submitted to the Administrative Committee.

• 3 When the international organization is informed by a guaranteeing association of a claim for payment, it shall, within a period of three (3) months inform the guaranteeing association of its position concerning the claim.

• 4 All information acquired, directly or indirectly, by the international organization under the Convention, which is by nature confidential or which is provided on a confidential basis, shall be covered by the obligation of professional secrecy and shall not be used or processed neither for any commercial purpose nor for any other purpose than for which it has been provided or disclosed to any third party without the express permission of the person or authority that provided it. Such information may, however, be disclosed without permission to competent authorities of Contracting Parties to this Convention, where there is an authorization or obligation to do so pursuant to provisions of national or international law or in connection with legal proceedings. The disclosure or communication of information shall take place in full compliance with data-protection provisions in force.

• 5 The Administrative Committee shall have the right to revoke the authorization granted in accordance with Article 6.2 bis in case of non-compliance with the above conditions and requirements. Should the Administrative Committee decide to revoke the authorization, the decision will become effective at the earliest six (6) months after the date of revocation.

• 6 The authorization of an international organization under the terms set out above shall be without prejudice to that organization’s responsibilities and liabilities under the Convention.

Annex 10. Information to be provided by contracting parties to authorized associations (under Article 42ter) and an international organization (under Article 6.2bis)

By virtue of Article 6, paragraph 1 and Annex 9, Part I, paragraph 1 f) (iii) of this Convention, authorized associations are required to give an undertaking that they shall verify continuously that persons authorized to have access to the TIR procedure fulfil the minimum conditions and requirements as laid down in Annex 9, Part II of the Convention.

On behalf of its member associations and in fulfilment of its responsibilities as an international organization authorized under Article 6, paragraph 2bis, an international organization shall establish a control system for TIR Carnets to hold data, transmitted by Customs authorities and accessible by the associations and Customs administrations, about the termination of TIR operations at offices of destination. To enable the associations to fulfil their undertaking effectively, Contracting Parties shall provide information to the control system in accordance with the following procedure:

• 1. Customs authorities shall transmit to an international organization or to the national guaranteeing associations, if possible via central or regional offices, by the fastest available means of communication (fax, electronic mail, etc.) and if possible on a daily basis, at least the following information in a standard format in respect of all TIR Carnets presented at Customs offices of destination, as defined in Article 1 (1) of the Convention:

  • a) TIR Carnet reference number;

  • b) Date and record number in the Customs ledger;

  • c) Name or number of Customs office of destination;

  • d) Date and reference number indicated in the certificate of termination of the TIR operation (boxes 24–28 of voucher No. 2) at the Customs office of destination (if different from b));

  • e) Partial or final termination;

  • f) Termination of the TIR operation certified with or without reservation at the Customs office of destination without prejudice to Articles 8 and 11 of the Convention;

  • g) Other information or documents (optional);

  • h) Page number.

• 2. The Model Reconciliation Form (MRF) contained in the Appendix may be addressed to Customs authorities by national associations or by an international organization:

  • a) in case of discrepancies between the data transmitted and those on the counterfoils in the used TIR Carnet; or

  • b) in case no data have been transmitted whereas the used TIR Carnet has been returned to the national association.

  Customs authorities shall reply to the reconciliation requests if possible by returning the duly filled-in MRF as soon as possible.

• 3. Customs authorities and national guaranteeing associations shall conclude an agreement, in line with national law, covering the above data exchange.

• 4. An international organization shall give Customs authorities access to the database of terminated TIR Carnets and to the database of invalidated TIR Carnets.

Appendix

Annex 11. The eTIR procedure

Part I

Article 1. Scope of application

• 1 The provisions in this Annex govern the implementation of the eTIR procedure as defined in Article 1, paragraph (s) of the Convention and shall apply in the relations between Contracting Parties bound by this Annex, as provided for in Article 60 bis, paragraph 1.

• 2 The eTIR procedure cannot be used for transports taking place in part in the territory of a Contracting Party, that is not bound by Annex 11 and that is a member State of a customs or economic union with a single customs territory.

Article 2. Definitions

For the purposes of this Annex:

• a) The term “eTIR international system” shall mean the Information and Communication Technology (ICT) system devised to enable the exchange of electronic information between the actors involved in the eTIR procedure.

• b) The term “eTIR specifications” shall mean the conceptual, functional and technical specifications of the eTIR procedure adopted and amended in accordance with the provisions of Article 5 of this Annex.

• c) The term “advance TIR data“ shall mean the data submitted to the competent authorities of the country of departure, in accordance with the eTIR specifications, of the intention of the holder to place goods under the eTIR procedure.

• d) The term “advance amendment data“ shall mean the data submitted to the competent authorities of the country in which an amendment to the declaration data is requested, in accordance with the eTIR specifications, of the intention of the holder to amend the declaration data.

• e) The term “declaration data” shall mean the advance TIR data and the advance amendment data which have been accepted by the competent authorities.

• f) The term “declaration” shall mean the act whereby the holder, or his or her representative, indicates, in accordance with the eTIR specifications, the intent to place goods under the eTIR procedure. From the moment of acceptance of the declaration by the competent authorities, based on the advance TIR data or the advance amendment data, and the transfer of the declaration data to the eTIR international system it shall constitute the legal equivalent of an accepted TIR Carnet.

• g) The term “accompanying document” shall mean the printed document electronically generated by the customs system, after the acceptance of the declaration, in line with the guidelines contained in the eTIR technical specifications. The accompanying document can be used to record incidents en route and replaces the certified report pursuant to Article 25 of this Convention and for the fallback procedure.

• h) The term “authentication” shall mean an electronic process that enables the electronic identification of a natural or legal person, or the origin and integrity of data in electronic form to be confirmed.

Article 3. Implementation of the eTIR procedure

• 1 Contracting Parties bound by Annex 11 shall connect their customs systems to the eTIR international system in line with the eTIR specifications.

• 2 Each Contracting Party is free to establish by which date it connects its customs systems to the eTIR international system. The date of connection shall be communicated to all other Contracting Parties bound by Annex 11 at least six months prior to the effective date of connection.

Article 4. Composition, functions and rules of procedure of the Technical Implementation Body

• 1 The Contracting Parties bound by Annex 11 shall be members of the Technical Implementation Body. Its sessions shall be convened at regular intervals or at the request of the Administrative Committee, as required for the maintenance of the eTIR specifications. The Administrative Committee shall be regularly informed of the activities and considerations of the Technical Implementation Body.

• 2 Contracting Parties which have not accepted Annex 11 as provided for in Article 60 bis, paragraph 1 and representatives of international organizations may attend sessions of the Technical Implementation Body as observers.

• 3 The Technical Implementation Body shall monitor the technical and functional aspects of implementing the eTIR procedure, as well as coordinate and foster the exchange of information on matters falling within its competence.

• 4 The Technical Implementation Body shall, at its first session, adopt its rules of procedure and submit them to the Administrative Committee for endorsement by the Contracting Parties bound by Annex 11.

Article 5. Adoption and amendment procedures for the eTIR specifications

The Technical Implementation Body shall:

• a) adopt the technical specifications of the eTIR procedure, and amendments thereto, to ensure their alignment with the functional specifications of the eTIR procedure. At the time of adoption, it shall decide on the appropriate transitional period for their implementation.

• b) prepare the functional specifications of the eTIR procedure, and amendments thereto, to ensure their alignment with the conceptual specifications of the eTIR procedure. They shall be transmitted to the Administrative Committee for adoption by a majority of Contracting Parties bound by Annex 11 present and voting as well as implemented and, when required, developed into technical specifications at a date to be determined at the time of adoption.

• c) consider amendments to the conceptual specifications of the eTIR procedure if so requested by the Administrative Committee. The conceptual specifications of the eTIR procedure, and amendments thereto, shall be adopted by a majority of Contracting Parties bound by Annex 11 present and voting as well as implemented and, when required, developed into functional specification at a date to be determined at the time of adoption.

Article 6. Submission of advance TIR data and advance amendment data

• 1 Advance TIR data and advance amendment data shall be submitted by the holder, or his or her representative, to the competent authorities of the country of departure and of the country in which an amendment to the declaration data is requested. Once the declaration, or the amendment, has been accepted in line with national law, the competent authorities shall forward the declaration data, or the amendment thereto, to the eTIR international system.

• 2 Advance TIR data and advance amendment data mentioned in paragraph 1 may be submitted either directly to the competent authorities or via the eTIR international system.

• 3 Contracting Parties bound by Annex 11 shall accept the submission of advance TIR data and advance amendment data via the eTIR international system.

• 4 The competent authorities shall publish the list of all electronic means by which advance TIR data and advance amendment data can be submitted.

Article 7. Authentication

• 1 While accepting the declaration in the country of departure or an amendment to the declaration data in any country along the itinerary, competent authorities shall authenticate the advance TIR data, or the advance amendment data, and the holder, in accordance with national law.

• 2 Contracting Parties bound by Annex 11 shall accept the authentication of the holder performed by the eTIR international system.

• 3 The competent authorities shall publish a list of authentication mechanisms other than that specified in paragraph 2 of the present Article that may be used for authentication.

• 4 Contracting Parties bound by Annex 11 shall accept the declaration data received from the competent authorities of the country of departure and of the country in which an amendment to the declaration data is requested via the eTIR international system as the legal equivalent to an accepted TIR Carnet.

Article 8. Mutual recognition of the authentication of the holder

The authentication of the holder performed by the competent authorities of the Contracting Parties bound by Annex 11 which accept the declaration, or changes to the declaration data, shall be recognized by the competent authorities of all subsequent Contracting Parties bound by Annex 11 throughout the TIR transport.

Article 9. Additional data requirements

• 1 In addition to the data specified in the functional and technical specifications, competent authorities may request additional data stipulated by national legislation.

• 2 Competent authorities should, to the extent possible, limit data requirements to those contained in the functional and technical specifications and endeavour to facilitate the submission of additional data so as not to impede TIR transports carried out in accordance with this Annex.

Article 10. Fallback procedure

• 1 Where the eTIR procedure cannot be started for technical reasons at the customs office of departure, the TIR Carnet holder may revert to the TIR procedure.

• 2 Where an eTIR procedure has started but its continuation is impeded for technical reasons, the competent authorities shall accept the accompanying document and process it in line with the procedure described in the eTIR specifications, subject to the availability of additional information from alternative electronic systems as described in the functional and technical specifications.

• 3 The competent authorities of Contracting Parties are also entitled to request national guaranteeing associations to confirm that the guarantee is valid, that a TIR transport is carried out under the eTIR procedure and provide other information relevant to the TIR transport.

• 4 The procedure described in paragraph 3 shall be established in the agreement between the competent authorities and the national guaranteeing association, as stipulated by Annex 9, Part I, paragraph 1 (d).

Article 11. Hosting of the eTIR international system

• 1 The eTIR international system shall be hosted and administered under the auspices of the United Nations Economic Commission for Europe (ECE).

• 2 ECE shall assist countries in connecting their customs systems to the eTIR international system, including by means of conformance tests to ensure their proper functioning prior to the operational connection.

• 3 The necessary resources shall be made available to ECE to fulfil the obligations set forth in paragraphs 1 and 2 of this Article. Unless the eTIR international system is financed by resources from the United Nations regular budget, the required resources shall be subject to the financial rules and regulations for extrabudgetary funds and projects of the United Nations. The financing mechanism for the operation of the eTIR international system at ECE shall be decided on and approved by the Administrative Committee.

Article 12. Administration of the eTIR international system

• 1 ECE shall make the appropriate arrangements for the storage and archiving of the data in the eTIR international system for a minimum period of 10 years.

• 2 All data stored in the eTIR international system may be used by ECE on behalf of the competent bodies of this Convention for the purpose of extracting aggregated statistics.

• 3 The competent authorities of Contracting Parties in whose territory a TIR transport is carried out under the eTIR procedure which becomes the subject of administrative or legal proceedings concerning the payment obligation of the person or persons directly liable or of the national guaranteeing association, may request ECE and obtain information stored in the eTIR international system pertaining to the claim in dispute for verification purposes. This information may be produced as evidence in national administrative or legal proceedings.

• 4 In cases other than those specified in this Article, the dissemination or disclosure of information stored in the eTIR international system to non-authorized persons or entities shall be prohibited.

Article 13. Publication of the customs offices capable of handling eTIR

The competent authorities shall ensure that the list of customs offices of departure, customs offices en route and customs offices of destination approved for accomplishing TIR operations under the eTIR procedure, is at all times accurate and updated in the electronic database for approved customs offices, developed and maintained by the TIR Executive Board.

Article 14. Legal requirements for data submission under Annex 10 of the TIR Convention

The legal requirements for data submission, as set out in Annex 10, paragraph 1, 3 and 4 of this Convention, are deemed to be fulfilled by implementing the eTIR procedure.

Part II

[Red: Ligt ter inzage bij de Directie Europese en Douane Aangelegenheden van het Ministerie van Financiën en bij de Afdeling Verdragen van het Ministerie van Buitenlandse Zaken en is te vinden op https://www.unece.org/fileadmin/DAM/trans/bcf/ac2/documents/2020/ECE-TRANS-WP30-AC2-2020-07e.pdf.]

Vertaling : NL

Douaneovereenkomst inzake het internationale vervoer van goederen onder dekking van carnets TIR (TIR-Overeenkomst)

De Overeenkomstsluitende Partijen,

Vervuld van de wens het internationale vervoer van goederen met wegvoertuigen te vergemakkelijken,

Overwegende dat de verbetering van de vervoersvoorwaarden een van de essentiële factoren vormt voor de ontwikkeling van de onderlinge samenwerking,

Zich uitsprekend voor vereenvoudiging en harmonisatie van de administratieve formaliteiten op het gebied van het internationale vervoer, in het bijzonder aan de grenzen,

Zijn overeengekomen als volgt:

Hoofdstuk I. ALGEMENE BEPALINGEN

a). BEGRIPSOMSCHRIJVINGEN

Artikel 1

Voor de toepassing van deze Overeenkomst wordt verstaan onder:

• a) „TIR-vervoer” het vervoer van goederen van een douanekantoor van vertrek naar een douanekantoor van bestemming, overeenkomstig de zogeheten TIR-regeling, die is vastgesteld bij deze Overeenkomst;

• b) „TIR-operatie” het gedeelte van een TIR-vervoer dat in een Overeenkomstsluitende Partij wordt verricht van een douanekantoor van vertrek of binnenkomst (doorgang) naar een douanekantoor van bestemming of uitgang (doorgang);

• c) „begin van een TIR-operatie” het feit dat het wegvoertuig, de vervoerscombinatie of de container zijn aangeboden voor controle bij het douanekantoor van vertrek of van binnenkomst (doorgang), tezamen met de lading en het daarop betrekking hebbende carnet TIR en dat het carnet TIR door het douanekantoor is aanvaard;

• d) „beëindiging van een TIR-operatie” het feit dat het wegvoertuig, de vervoerscombinatie of de container zijn aangeboden voor controle bij het douanekantoor van bestemming of van uitgang (doorgang), tezamen met de lading en het daarop betrekking hebbende carnet TIR;

• e) „zuivering van een TIR-operatie” de erkenning door de douaneautoriteiten dat de TIR-operatie in een Overeenkomstsluitende Partij op correcte wijze is beëindigd. Dit wordt door de douaneautoriteiten vastgesteld aan de hand van een vergelijking van de bij het douanekantoor van bestemming of uitgang (doorgang) beschikbare gegevens of informatie met de beschikbare informatie bij het douanekantoor van vertrek of binnenkomst (doorgang);

• f) „rechten en heffingen ter zake van de invoer of de uitvoer” de douanerechten en alle andere verschillende rechten, heffingen, vergoedingen en andere lasten die worden geheven bij of in verband met de invoer of de uitvoer van goederen, met uitzondering van de vergoedingen en lasten waarvan het bedrag beperkt blijft tot ongeveer de kosten van de verleende diensten;

• g) „wegvervoer” niet alleen elk motorvoertuig voor vervoer over de weg, maar ook elke aanhangwagen of oplegger, ingericht om daaraan te worden bevestigd;

• h) „vervoerscombinatie” aan elkaar gekoppelde voertuigen die als eenheid deelnemen aan het wegverkeer;

• j) „container” een bergingsmiddel voor vervoer (liftvan, losse tank of soortgelijk bergingsmiddel) dat:

  • i) een geheel of gedeeltelijk omsloten ruimte vormt en is bestemd voor het bevatten van goederen;

  • ii) een duurzaam karakter heeft en derhalve voldoende stevig is voor herhaald gebruik;

  • iii) speciaal is ontworpen om het vervoer van goederen met één of meer vervoermiddelen te vergemakkelijken zonder tussentijdse in- en uitlading van die goederen zelf;

  • iv) zodanig is ontworpen dat het gemakkelijk kan worden gehanteerd, in het bijzonder bij het overladen van het ene vervoermiddel op het andere;

  • v) zodanig is ontworpen dat het gemakkelijk kan worden gevuld en geledigd; en

  • vi) een inhoud heeft van ten minste één kubieke meter;

  „Losse carrosserieën” worden gelijkgesteld met containers;

• k) „douanekantoor van vertrek” ieder douanekantoor van een Overeenkomstsluitende Partij waar, voor de gehele lading dan wel voor een deel van de lading, het TIR-vervoer aanvangt;

• l) „douanekantoor van bestemming” ieder douanekantoor van een Overeenkomstsluitende Partij waar, voor de gehele lading dan wel voor een deel van de lading, het TIR-vervoer eindigt;

• m) „douanekantoor van doorgang” ieder douanekantoor van een Overeenkomstsluitende Partij waarlangs een wegvoertuig, een vervoerscombinatie of een container deze Overeenkomstsluitende Partij binnenkomt of verlaat onder TIR-vervoer;

• n) „personen” zowel natuurlijke personen als rechtspersonen;

• o) „houder” van een carnet TIR, de persoon aan wie een carnet TIR in overeenstemming met de desbetreffende bepalingen van de Overeenkomst is afgegeven en voor wiens rekening een douaneaangifte is gedaan in de vorm van een carnet TIR met vermelding van de wens de goederen bij het douanekantoor van vertrek onder de TIR-regeling te plaatsen. Hij is verantwoordelijk voor het aanbieden van het wegvoertuig, de vervoerscombinatie of de container met de bijbehorende lading en het daarop betrekking hebbende carnet TIR bij het douanekantoor van vertrek, het douanekantoor van doorgang en het douanekantoor van bestemming, en voor de behoorlijke naleving van de overige desbetreffende bepalingen van de Overeenkomst;

• p) „zware of omvangrijke goederen” ieder zwaar of omvangrijk voorwerp dat, in verband met zijn gewicht, zijn afmetingen of zijn aard, in het algemeen niet in een gesloten wegvoertuig of in een gesloten container wordt vervoerd;

• q) „organisatie die zich garant heeft gesteld” een organisatie die toestemming heeft gekregen van de douaneautoriteiten of andere bevoegde autoriteiten van een Overeenkomstsluitende Partij om zich garant te kunnen stellen voor personen die gebruik maken van de TIR-regeling;

• r) „internationale organisatie” een organisatie die van de Commissie van Beheer toestemming heeft gekregen de verantwoordelijkheid op zich te nemen voor de organisatie en werking van een internationaal garantiestelsel;

• s) „eTIR-regeling”: de TIR-regeling die ten uitvoer wordt gelegd met behulp van elektronische gegevensuitwisseling als functioneel equivalent van het TIR-carnet. De bepalingen van de TIR-Overeenkomst zijn van toepassing, maar de specifieke kenmerken van de eTIR-regeling zijn in Bijlage 11 omschreven.

b). TOEPASSINGSGEBIED

Artikel 2

[Wijziging(en) op nader te bepalen datum(s); laatste bekendgemaakt in 2018. Zie het overzicht van wijzigingen]

Deze Overeenkomst is van toepassing op het vervoer van goederen dat, tussen een douanekantoor van vertrek van een Overeenkomstsluitende Partij en een douanekantoor van bestemming van een andere of van dezelfde Overeenkomstsluitende Partij, over een of meer grenzen, zonder tussentijdse in- en uitlading van die goederen zelf, plaatsvindt in wegvoertuigen, vervoerscombinaties of in containers, mits een gedeelte van het traject tussen het begin en het einde van het TIR-vervoer over de weg wordt afgelegd.

Artikel 3

De bepalingen van deze Overeenkomst zijn slechts van toepassing indien:

• a. het vervoer plaatsvindt

  • i. met wegvoertuigen, vervoerscombinaties of containers die vooraf zijn goedgekeurd onder de voorwaarden vermeld in Hoofdstuk III onderdeel a; of

  • ii. met andere wegvoertuigen, andere vervoerscombinaties of andere containers, indien dit vervoer geschiedt onder de voorwaarden vermeld in Hoofdstuk III onderdeel c; of

  • iii. met wegvoertuigen of bijzondere voertuigen zoals bussen, hijskranen, veegmachines, betonstortmachines, enz. die worden uitgevoerd en derhalve worden aangemerkt als goederen die zich op eigen kracht verplaatsen van een douanekantoor van vertrek naar een douanekantoor van bestemming, onder de voorwaarden vermeld in Hoofdstuk III onderdeel c. Indien deze voertuigen andere goederen vervoeren, zijn de onder i of ii hierboven bedoelde voorwaarden van overeenkomstige toepassing;

• b. het vervoer plaatsvindt onder de dekking van aansprakelijke organisaties die zijn gemachtigd overeenkomstig de bepalingen van artikel 6, en onder dekking van een TIR-carnet dat overeenstemt met het model in Bijlage 1 bij deze Overeenkomst, dan wel volgens de eTIR-regeling.

c). BEGINSELEN

Artikel 4

Goederen vervoerd onder de TIR-regeling worden op de douanekantoren van doorgang niet onderworpen aan betaling of consignatie van rechten en heffingen ter zake van de invoer of de uitvoer.

Artikel 5

• 1 Goederen die onder de TIR-regeling worden vervoerd in verzegelde wegvoertuigen, vervoerscombinaties of containers, worden op de douanekantoren van doorgang in de regel niet gevisiteerd.

• 2 Ten einde misbruiken te voorkomen, kunnen de douaneautoriteiten echter, bij wijze van uitzondering, en in het bijzonder indien onregelmatigheden worden vermoed, de goederen op deze kantoren toch visiteren.

Hoofdstuk II. AFGIFTE VAN CARNETS TIR

AANSPRAKELIJKHEID VAN DE ORGANISATIES DIE ZICH GARANT HEBBEN GESTELD

Artikel 6

• 1 De douaneautoriteiten of andere bevoegde autoriteiten van een Overeenkomstsluitende Partij kunnen aan organisaties de bevoegdheid verlenen om, hetzij rechtstreeks, hetzij door tussenkomst van soortgelijke organisaties, carnets TIR af te geven, alsmede om zich garant te stellen, zolang wordt voldaan aan de in Bijlage 9, deel I, neergelegde minimumvoorwaarden en -eisen. De bevoegdverklaring wordt ingetrokken, indien niet meer wordt voldaan aan de in Bijlage 9, deel I, genoemde minimumvoorwaarden en -eisen.

• 2 Een organisatie kan in een land slechts bevoegd worden verklaard indien haar garantie mede betrekking heeft op de in dat land bestaande aansprakelijkheid bij vervoer onder dekking van carnets TIR, afgegeven door buitenlandse organisaties die zijn aangesloten bij de internationale organisatie waarvan zijzelf lid is.

• 2 bis Een internationale organisatie wordt door de Commissie van Beheer bevoegd verklaard de verantwoordelijkheid op zich te nemen voor de daadwerkelijke organisatie en de werking van een internationaal garantiestelsel. De bevoegdheid wordt verleend voor zolang de organisatie voldoet aan de voorwaarden en vereisten vervat in Bijlage 9, deel III. De Commissie van Beheer kan de bevoegdverklaring intrekken indien niet langer wordt voldaan aan deze vereisten en voorwaarden.

• 3 Een organisatie geeft carnets TIR uitsluitend af aan personen wier toelating tot de TIR-regeling niet is geweigerd door de bevoegde autoriteiten van de Overeenkomstsluitende Partijen op het grondgebied waarvan de desbetreffende personen zijn gevestigd of wonen.

• 4 De bevoegdheid tot toelating tot de TIR-regeling wordt uitsluitend verleend aan personen die voldoen aan de in Bijlage 9, deel II, bij deze Overeenkomst, neergelegde minimumvoorwaarden en -eisen. Onverminderd het bepaalde in artikel 38 wordt de bevoegdverklaring ingetrokken, indien niet langer wordt gewaarborgd dat aan deze criteria wordt voldaan.

• 5 De bevoegdheid tot toelating tot de TIR-regeling wordt verleend overeenkomstig de in Bijlage 9, deel II, bij deze Overeenkomst, neergelegde procedure.

Artikel 7

De carnets TIR die aan de organisaties die zich garant hebben gesteld worden toegezonden door soortgelijke buitenlandse organisaties of door internationale organisaties, zijn niet onderworpen aan rechten en heffingen ter zake van de invoer of de uitvoer en zonder verboden of beperkingen bij in- of uitvoer.

Artikel 8

• 1 De aansprakelijke organisatie verbindt zich tot betaling tot het maximum van het gegarandeerde bedrag aan rechten en heffingen bij in- en uitvoer, eventueel vermeerderd met de vertragingsrente, dat verschuldigd is krachtens de douanewetten en -reglementen van de Overeenkomstsluitende Partij waarin een onregelmatigheid in verband met een TIR-operatie is vastgesteld die tot een vordering bij de aansprakelijke organisatie leidt. Zij is hoofdelijk aansprakelijk voor de betaling van bovenbedoelde bedragen met de personen die deze bedragen verschuldigd zijn.

• 2 Wanneer de wetten en reglementen van een Overeenkomstsluitende Partij niet voorzien in de betaling van rechten en heffingen ter zake van de invoer of de uitvoer in de gevallen bedoeld in het eerste lid van dit artikel, verbindt de organisatie die zich garant heeft gesteld zich om onder dezelfde voorwaarden een bedrag te voldoen dat gelijk is aan het bedrag van de rechten en heffingen ter zake van de invoer of de uitvoer, eventueel vermeerderd met de verschuldigde interest bij achterstallige betaling.

• 3 Iedere Overeenkomstsluitende Partij stelt per carnet TIR het maximum vast van de bedragen die krachtens het bepaalde in het eerste en tweede lid van dit artikel kunnen worden geëist van de organisatie die zich garant heeft gesteld.

• 4 De organisatie die zich garant heeft gesteld, wordt tegenover de autoriteiten van het land waar het douanekantoor van vertrek is gelegen, aansprakelijk vanaf het tijdstip waarop het carnet TIR door het douanekantoor is ingeschreven. In de landen waar het TIR-vervoer van goederen vervolgens doorkomt, ontstaat deze aansprakelijkheid wanneer de goederen deze landen binnenkomen of, indien het TIR-vervoer wordt onderbroken krachtens het bepaalde in artikel 26, eerste en tweede lid, wanneer het carnet TIR wordt ingeschreven door het douanekantoor waar het TIR-vervoer wordt hervat.

• 5 De aansprakelijkheid van de organisatie die zich garant heeft gesteld, heeft niet alleen betrekking op de goederen die in het carnet TIR zijn vermeld, doch strekt zich tevens uit tot de goederen die, hoewel zij niet in dat carnet zijn vermeld, zich in het verzegelde gedeelte van het wegvoertuig of in de verzegelde container bevinden; de aansprakelijkheid heeft geen betrekking op andere goederen.

• 6 Voor het vaststellen van de rechten en heffingen bedoeld in het eerste en tweede lid van dit artikel, gelden de in het carnet TIR vermelde gegevens betreffende de goederen, zolang het tegendeel niet is bewezen.

Artikel 9

• 1 De organisatie die zich garant heeft gesteld, stelt voor het carnet TIR een geldigheidsduur vast door een uiterste geldigheidsdatum te vermelden waarna het carnet niet meer kan worden aangeboden bij het douanekantoor van vertrek.

• 2 Mits het carnet is ingeschreven door het douanekantoor van vertrek op of voor de uiterste geldigheidsdatum zoals bedoeld in het eerste lid van dit artikel, blijft het geldig tot het einde van het TIR-vervoer op het douanekantoor van bestemming.

Artikel 10

• 1 De zuivering van een TIR-operatie dient onverwijld plaats te vinden.

• 2 Wanneer de douaneautoriteiten van een Overeenkomstsluitende Partij een TIR-operatie hebben gezuiverd, kunnen zij van de aansprakelijke organisatie niet meer de betaling vorderen van de bedragen bedoeld in artikel 8, eerste en tweede lid, tenzij het certificaat van beëindiging van de TIR-operatie ten onrechte of op frauduleuze wijze werd verkregen of geen beëindiging heeft plaatsgevonden.

Artikel 11

• 1 Bij niet-zuivering van een TIR-operatie, stellen de bevoegde autoriteiten

  • a) de houder van het TIR-carnet van de niet-zuivering in kennis op het adres dat in het TIR-carnet is vermeld;

  • b) de aansprakelijke organisatie van de niet-zuivering in kennis.

  De bevoegde autoriteiten stellen de aansprakelijke organisatie in kennis binnen één jaar na de aanvaarding van het TIR-carnet door die autoriteiten of binnen twee jaar wanneer het certificaat van beëindiging van de TIR-operatie vals was of ten onrechte of op frauduleuze wijze verkregen.

• 2 Wanneer de in de in artikel 8, eerste en tweede lid, bedoelde bedragen opeisbaar worden, moeten de bevoegde autoriteiten voor zover mogelijk de betaling hiervan eisen van de persoon of personen die deze bedragen rechtstreeks verschuldigd is of zijn, alvorens een vordering tot betaling in te dienen bij de aansprakelijke organisatie.

• 3 De vordering tot betaling van de in artikel 8, eerste en tweede lid, bedoelde bedragen wordt aan de aansprakelijke organisatie gericht op zijn vroegst een maand na de datum waarop deze organisatie ervan in kennis is gesteld dat de operatie niet is gezuiverd of dat het certificaat van beëindiging van de TIR-operatie vals was of ten onrechte of op frauduleuze wijze werd verkregen, en uiterlijk twee jaar na deze datum. Echter, voor TIR-operaties die tijdens bovengenoemde termijn van twee jaar het onderwerp zijn geworden van bestuurlijke of gerechtelijke procedures betreffende de verschuldigdheid tot betaling van de in het tweede lid van dit artikel bedoelde persoon of personen, worden vorderingen tot betaling ingediend binnen een jaar nadat de beschikking van de bevoegde autoriteiten of rechtbanken afdwingbaar is geworden.

• 4 De aansprakelijke organisatie betaalt de gevorderde bedragen binnen drie maanden nadat de vordering tot betaling bij haar werd ingediend.

• 5 De betaalde bedragen worden aan de aansprakelijke organisatie terugbetaald indien, binnen twee jaar nadat de vordering tot betaling bij haar werd ingediend, ten genoegen van de bevoegde autoriteiten is aangetoond dat geen onregelmatigheid werd gepleegd in verband met de betrokken TIR-operatie. De termijn van twee jaar kan overeenkomstig de nationale wetgeving worden verlengd.

Hoofdstuk III. VERVOER VAN GOEDEREN ONDER DEKKING VAN HET CARNET TIR

a). GOEDKEURING VAN VOERTUIGEN EN CONTAINERS

Artikel 12

Het bepaalde sub a) en b) van dit hoofdstuk vindt slechts toepassing op wegvoertuigen die, wat betreft bouw en inrichting, voldoen aan de voorwaarden omschreven in bijlage 2 bij deze Overeenkomst en zijn goedgekeurd overeenkomstig de procedure omschreven in bijlage 3 bij deze Overeenkomst. Het certificaat van goedkeuring dient overeen te stemmen met het in bijlage 4 opgenomen model.

Artikel 13

• 1 Het bepaalde sub a) en b) van dit hoofdstuk vindt slechts toepassing op containers die zijn gebouwd overeenkomstig de voorwaarden omschreven in het eerste deel van bijlage 7 en zijn goedgekeurd overeenkomstig de procedure omschreven in het tweede deel van bedoelde bijlage.

• 2 Containers die voor het goederenvervoer onder douaneverzegeling zijn goedgekeurd in toepassing van de Douane-overeenkomst betreffende containers, 1956, van de hieruit voortgevloeide regelingen die zijn getroffen onder auspiciën van de Verenigde Naties, van de Douane-overeenkomst betreffende containers, 1972, of van alle internationale regelingen waardoor laatstbedoelde Overeenkomst zou worden vervangen of gewijzigd, worden geacht te voldoen aan het bepaalde in het eerste lid van dit artikel en moeten, zonder nieuwe goedkeuring, worden aanvaard voor vervoer onder de TIR-regeling.

Artikel 14