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2019-02-03 | BWBV0003523 | Douaneovereenkomst inzake het internationale vervoer van goederen onder dekking van carnets TIR (TIR-Overeenkomst)

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Coornhert 2019-02-03 12:00:00 +00:00
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verdrag/douaneovereenkomst-inzake-het-internationale-vervoer-van-goederen-onder-dekking/BWBV0003523/README.md
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@ -21,10 +21,10 @@ citeertitel: Douaneovereenkomst inzake het internationale vervoer van goederen o
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);
(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;
@ -38,13 +38,13 @@ For the purposes of this Convention:
(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;
(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;
(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 of a Contracting Party to act as guarantor for persons using the TIR procedure;
(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.
### Titel (B). SCOPE
@ -62,7 +62,7 @@ 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 approved in accordance with the provisions of Article 6 and must be performed under cover of a TIR Carnet, which shall conform to the model reproduced in Annex 1 to this Convention.
b) the transport operations must be guaranteed by associations authorized in accordance with the provisions of Article 6 and must be performed under cover of a TIR Carnet, which shall conform to the model reproduced in Annex 1 to this Convention.
### Titel (C). PRINCIPLES
@ -82,7 +82,7 @@ Goods carried under the TIR procedure shall not be subjected to the payment or d
**1.** Each 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 approved 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.** 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.
@ -135,7 +135,7 @@ The competent authorities shall notify the guaranteeing association with a maxim
**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 three months 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.
**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.
@ -282,7 +282,7 @@ When it is not possible to establish in which territory an irregularity was comm
### Artikel 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 offence against the Customs laws or regulations applicable to the international transport of goods.
**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 within one week 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.