Explanatory Memorandum to COM(2004)331 - EC position concerning the proposal to amend the TIR Convention 1975

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dossier COM(2004)331 - EC position concerning the proposal to amend the TIR Convention 1975.
source COM(2004)331 EN
date 30-04-2004
1. The TIR Convention 1975 enables the movement of goods that are under duty and tax suspension to cross international borders with the minimum of intervention by Customs en route. The TIR system is based on the use of an internationally accepted Customs transit document, the TIR carnet, which also provides a financial guarantee for the suspended duties and taxes. The guarantee system is managed by an International Organization authorized by the Administrative Committee of the TIR Convention. The organization currently authorized is the International Road Transport Union (IRU).

2. On 20 October 1995, the Administrative Committee adopted a Recommendation for the introduction of a control system for TIR carnets in order to apply Resolution No 49 (adopted on 3 March 1995 by the UNECE Working Party on Customs Questions Affecting Transport - WP.30) on the short-term measures needed to ensure the security and the efficient functioning of the TIR system. In accordance with this recommendation, Customs authorities should transmit to the competent national guaranteeing associations by the fastest available means and, if possible, on a daily basis, the information concerning the termination of all TIR carnets presented at their Customs offices of destination. Consequently the IRU developed an electronic control system designed to monitor the termination of the TIR transport. The system, known as SafeTIR, potentially enables better control of the TIR system and is recognised by the Customs authorities as being a useful tool in the fight against fraud.

3. For some time it has been the IRU's ambition to enhance the profile (and usage) of SafeTIR and to incorporate reference to the system in the body of the TIR Convention. At the beginning of 2003 the Latvian government presented to the WP.30 a proposal to amend the TIR Convention to effectively replace the Recommendation and to introduce reference to the SafeTIR into the TIR Convention.

4. The matter has been discussed in subsequent sessions of the WP.30 and the Commission, taking into account the views of the Member state's TIR policy experts, has suggested certain modifications to the Latvian proposal.

5. As a result of these discussions the original proposal by Latvia has been modified and now comprises a proposal to amend the Convention to create a new Article 42ter and a new Annex 10. The new Article 42ter merely serves to introduce the new Annex 10, which in turn essentially reproduces the text of the Recommendation of 20 October 1995. For purely technical reasons Article 60  i also requires to be amended.

6. There is a consensus among the Member States in support of the modified proposal and this support is shared by the Commission services. The WP.30 at its June 2003 session endorsed the modified proposal (as subsequently set out in UNECE document TRANS/WP.30/AC.2/2004/6), and the proposal now has to be formally adopted by the Administrative Committee - the highest organ under the TIR Convention.

7. Given this level of support it is likely that the proposal will be adopted without further amendment. However it is possible that some minor drafting changes might be proposed by the Administrative Committee but it is anticipated that the essence of the proposal shall remain intact.

8. In the light of the above, the Commission proposes that the Council adopt the annexed decision.