Explanatory Memorandum to COM(2015)512 - EU position within the Committee for the TIR Convention on the proposal to amend the Customs Convention on the international transport of goods under cover of TIR carnets - Main contents
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| dossier | COM(2015)512 - EU position within the Committee for the TIR Convention on the proposal to amend the Customs Convention on the international ... |
|---|---|
| source | COM(2015)512  |
| date | 20-10-2015 |
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
The Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975 was approved on behalf of the European Union by way of Council Regulation (EEC) No 2112/78. The Convention entered into force in the European Union on 20 June 1983.
The purpose of the proposed Decision is for the European Union to adopt the latest amendments to the TIR Convention agreed by the United Nations Economic Commission for Europe (UNECE) Working Party on Customs Questions Affecting Transport and further accepted by the Administrative Committee for the TIR Convention.
• Consistency with existing policy provisions in the policy area
There are no existing provisions in the area of the proposal.
• Consistency with other Union policies
The proposed Decision is consistent with the common policy in trade and transport. The TIR system, providing facilitation in road transport, allows goods to travel across 68 Contracting Parties with a minimum of interference by customs administrations and provides, through an international guarantee chain, relatively simple access to the required guarantees. The simplifications achieved through the TIR Convention are in line with the revised Lisbon strategy.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
Articles 207 and 218 (9) of the Treaty on the Functioning of the European Union.
• Proportionality
The proposal is in conformity with the principle of proportionality. It allows the implementation of an amendment to the international agreement which as such respects the principle of proportionality.
• Choice of the instrument
Proposed instrument: Decision.
International agreements and amendments to these arrangements are normally introduced into the European Union's legal order by way of a Decision.
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
• Stakeholder consultations
Consultations with approval on the proposals were carried out with the Member States within the Customs Legislation Committee (Co-ordination Geneva) meetings. Consultations took place during sessions of the UNECE Working Party on Customs Questions Affecting Transport and the Administrative Committee for the TIR Convention.
• Collection and use of expertise
The proposal for a new Explanatory note to Article 42bis of the TIR Convention was prepared by the TIR Executive Board (TIRExB) during its discussions on the need for clarification of the meaning of Article 42bis on the obligation to communicate national control measures that may affect the functioning of the TIR system to TIRExB.
The proposal for an amendment of Annexes 2 and 7 to the TIR Convention was prepared by the TIR Secretariat, in close collaboration with the International Association of the Body and Trailer Building Industry (CLCCR) as well as the government of Germany.
• Impact assessment
The proposal for an amendment of Annex 6 of the TIR Convention by adding a new Explanatory note to Article 42bis will clarify the obligation of a Contracting Party to communicate national control measures that may affect the functioning of the TIR system. It does not change the substance of the TIR Convention as according to Article 43 of the TIR Convention the explanatory notes interpret certain provisions of the TIR Convention and its Annexes and describe certain recommended practices.
The proposal for an amendment of Annexes 2 and 7 to the TIR Convention will introduce a new design of vehicles and containers (with sheeted sliding roofs or sliding sheets) to the TIR Convention while offering maximum safeguards to customs administrations as it is necessary that goods under cover of TIR carnets travel in customs secure vehicles or containers. This new transport technique will improve the effectiveness and efficiency of road transport.
4. BUDGETARY IMPLICATIONS
The proposal has no implication for the European Union budget.