From ca631b2d3c0288da44df55309bc250bf9b89bff0 Mon Sep 17 00:00:00 2001 From: Coornhert Date: Sun, 19 Sep 2004 12:00:00 +0000 Subject: [PATCH] 2004-09-19 | BWBV0003523 | Douaneovereenkomst inzake het internationale vervoer van goederen onder dekking van carnets TIR (TIR-Overeenkomst) --- .../BWBV0003523/README.md | 99 ++++++------------- 1 file changed, 31 insertions(+), 68 deletions(-) diff --git a/verdrag/douaneovereenkomst-inzake-het-internationale-vervoer-van-goederen-onder-dekking/BWBV0003523/README.md b/verdrag/douaneovereenkomst-inzake-het-internationale-vervoer-van-goederen-onder-dekking/BWBV0003523/README.md index 972cc7fe5b5..5149b58f0f1 100644 --- a/verdrag/douaneovereenkomst-inzake-het-internationale-vervoer-van-goederen-onder-dekking/BWBV0003523/README.md +++ b/verdrag/douaneovereenkomst-inzake-het-internationale-vervoer-van-goederen-onder-dekking/BWBV0003523/README.md @@ -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; @@ -38,15 +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 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. +(q) the term “guaranteeing association” shall mean an association approved by the Customs authorities of a Contracting Party to act as surety for persons using the TIR procedure. ### Titel (B). SCOPE @@ -63,7 +61,7 @@ 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 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. +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. ### Titel (C). PRINCIPLES @@ -81,11 +79,11 @@ Goods carried under the TIR procedure shall not be subjected to the payment or d ### Artikel 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 +**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 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.** 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 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. +**2 bis.** An international organization, as referred to in paragraph 2, shall be authorized by the Administrative Committee to take on responsibility for the effective organization and functioning of an international guarantee system provided that it accepts this responsibility. **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. @@ -99,7 +97,7 @@ TIR carnet forms sent to the guaranteeing associations by the corresponding fore ### Artikel 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. +**1.** The guaranteeing association shall undertake to pay the import or export duties and taxes, together with any default interest, due under the Customs laws and regulations of the country in which an irregularity has been noted in connexion 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. @@ -111,6 +109,8 @@ TIR carnet forms sent to the guaranteeing associations by the corresponding fore **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. +**7.** When payment of sums mentioned in paragraphs 1 and 2 of this article becomes due, the competent authorities shall so far as possible require payment from the person or persons directly liable before making a claim against the guaranteeing association. + ### Artikel 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. @@ -121,26 +121,15 @@ TIR carnet forms sent to the guaranteeing associations by the corresponding fore **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. +**2.** When the Customs authorities of a country 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. ### Artikel 11 -**1.** +**1.** Where a TIR operation has not been discharged, the competent authorities shall not have the right to claim payment of the sums mentioned in article 8, paragraphs 1 and 2, from the guaranteeing association unless, within a period of one year from the date of acceptance of the TIR carnet by those authorities, they have notified the association in writing of the non-discharge. The same provision shall apply where the certificate of termination of the TIR operation was obtained in an improper or fraudulent manner, save that the period shall be two years. -Where a TIR operation has not been discharged, the competent authorities shall: +**2.** The claim for payment of the sums referred to in Article 8, paragraphs 1 and 2 shall be made to the guaranteeing association at the earliest three months after the date on which the association was informed that the TIR operation had not been discharged or that the certificate of termination of the TIR operation had been obtained in an improper or fraudulent manner and at the latest not more than two years after that date. However, in cases which, during the above-mentioned period of two years, become the subject of legal proceedings, any claim for payment shall be made within one year of the date on which the decision of the court becomes enforceable. -(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. +**3.** The guaranteeing association shall have a period of three months, from the date when a claim for payment is made upon it, in which to pay the amounts claimed. The sums paid shall be reimbursed to the association if, within the two years following the date on which the claim for payment was made, it has been established to the satisfaction of the Customs authorities that no irregularity was committed in connexion with the transport operation in question. ## Hoofdstuk III. TRANSPORT OF GOODS UNDER TIR CARNET @@ -182,9 +171,7 @@ When a road vehicle or combination of vehicles is carrying out a TIR transport, ### Artikel 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. +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 four. The TIR Carnet may only be presented to Customs offices of destination if all Customs offices of departure have accepted the TIR Carnet. ### Artikel 19 @@ -192,7 +179,7 @@ The goods and the road vehicle, the combination of vehicles or the container sha ### Artikel 20 -For journeys in the territory of a Contracting Party or several Contracting Parties forming a customs or economic union, the competent customs authorities. +For journeys in the territory of their country, the Customs authorities may fix a time-limit and require the road vehicle, the combination of vehicles or the container to follow a prescribed route. ### Artikel 21 @@ -285,9 +272,9 @@ 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 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. +**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. -**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. +**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. ### Artikel 39 @@ -312,17 +299,11 @@ On receipt from a Contracting Party of a request giving the relevant reasons, th 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. -### Artikel 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. - ## Hoofdstuk V. EXPLANATORY NOTES ### Artikel 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. +The Explanatory Notes set out in annex 6 and annex 7, Part III, interpret certain provisions of this Convention and its annexes. They also describe certain recommended practices. ## Hoofdstuk VI. MISCELLANEOUS PROVISIONS @@ -445,43 +426,25 @@ An Administrative Committee composed of all the Contracting Parties shall be est 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. -### Artikel 58 quater - -A Technical Implementation Body shall be established. Its composition, functions and rules of procedure are set out in Annex 11. - ### Artikel 59 -**1.** This Convention, including its Annexes, may be amended upon the proposal of a Contracting Party by the procedure specified in this Article. +**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. +**2.** 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. +**3.** Except as provided for under article 60, 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. +**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. ### Artikel 60 -**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. +**1.** Any proposed amendment to Annexes 1, 2, 3, 4, 5, 6, 7, 8 and 9 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 the 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. -### Artikel 60 bis - -**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. - ### Artikel 61 -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. +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 and 60 above and of the date on which any amendment enters into force. ### Artikel 62