Annexes 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.
document COM(2004)331 EN
date April 30, 2004
ANNEX

Draft

PROPOSED AMENDMENTS TO THE TIR CONVENTION

"Article 42 ter

The competent authorities of the Contracting Parties shall, as appropriate, provide authorized associations with information that they require to fulfill the undertaking given in accordance with Annex 9, part 1, Article 1 (f) (iii).

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

"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 1 and 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."

"Annex 10

INFORMATION TO BE PROVIDED BY CONTRACTING PARTIES TO AUTHORIZED ASSOCIATIONS AND AN INTERNATIONAL ORGANIZATION UNDER ARTICLE 42 TER

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 fulfill 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 2 bis, 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 (l) 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 annexed Model Reconciliation Form (MRF) may be addressed to Customs authorities by national associations or by an international organization

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

- 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."


Annex

>TABLE POSITION>

* Please note that these data refer to the Customs office of Destination where the TIR movement terminated