Decree of the Minister for Foreign Affairs No. 144 / 1982 Coll.
Order of the Minister for Foreign Affairs concerning the Customs Convention on the International Carriage of Goods under cover of TIR carnets (TIR Convention)
Valid
Effective from 25.08.1981
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144
DECLARATION
Minister for Foreign Affairs
of 16 March 1982
concerning the Customs Convention concerning the international carriage of goods under cover of TIR carnets (TIR Convention)
On 14 November 1975, the Customs Convention on the international carriage of goods under cover of TIR carnets (TIR Convention) was negotiated in Geneva.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and by the Charter on the Access of the Czechoslovak Socialist Republic to the Customs Convention concerning the International Carnet Carriage of Goods (TIR Convention), subject to the condition that the Czechoslovak Socialist Republic does not feel bound by Article 57 (2) to (6) of the Convention.
At the same time, a declaration by the Czechoslovak Socialist Republic that Article 52 (1) The Convention is contrary to the principle that no State should be deprived of the possibility of participating in multilateral international agreements.
The Convention entered into force on 20 March 1978 pursuant to Article 53 (1) thereof. For the Czechoslovak Socialist Republic, it entered into force on 25 August 1981 in accordance with its Article 53 (2).
The Czech translation of the Convention is being announced simultaneously.
Deputy Minister:
Ing. Jablonský v. r.
CUSTOMS CONVENTION
concerning the international carriage of goods under cover of TIR carnets (TIR Convention)
Contracting Parties,
Desiring to facilitate international transport of goods by road vehicles,
taking into account that improving transport conditions is considered as one of the basic assumptions for the mutual development of cooperation,
expressing their positive views on the simplification and harmonisation of administrative formalities in the field of international transport, particularly at borders,
they have agreed as follows:
CHAPTER I
General provisions
(a) Definitions
For the purposes of this Convention:
(a) "TIR operation" means the transport of goods from the customs office of departure to the customs office of destination under the arrangements referred to in the "TIR regime" provided for in this Convention;
(b) "import or export duties and charges" means customs duties and any other taxes, charges and various levies to be levied on imports or exports or in connection with the import or export of goods, with the exception of charges and levies limited by the approximate price of the services provided;
(c) "road vehicle" means not only a motor road vehicle but also any trailer or semi-trailer intended to be attached to it;
(d) "train set" means coupled vehicles participating in road traffic as a whole;
(e) "container" means transport equipment (transport cabinet, removable tank or other similar equipment):
(i) in whole or in part the enclosed space intended for the placing of the goods;
(ii) having a permanent character and therefore strong enough to be reused;
(iii) specially designed to facilitate the transport of goods by one or more modes of transport without changing cargo;
(iv) designed to be easily handled, in particular when transhipping from one mode of transport to another;
(v) designed to be easily loaded and unloaded;
(vi) having an internal volume of at least one cubic metre, "removable bodywork" shall be regarded as containers;
(f) "customs office of departure" means any customs office of a Contracting Party for which international carriage under the TIR procedure provided for in this Convention starts for all or part of the cargo;
(g) "customs office of destination" means any customs office of a Contracting Party where international carriage under the TIR procedure provided for in this Convention ends for all or part of the cargo;
(h) "frontier customs office" means any customs office of a Contracting Party where a road vehicle, combination of vehicles or a container is imported or exported during a TIR operation;
(j) "persons" means both natural and legal persons;
(k) "heavy or bulky goods" means all heavy or bulky articles which, for their weight, their dimensions or their nature, are not normally transported in a closed road vehicle or in a closed container;
(l) "guaranteeing association" means an association approved by the customs authorities of a Contracting Party to be guaranteed by persons using the TIR regime.
(b) Scope of application
This Convention shall apply to the carriage of goods carried out without change of cargo, through one or more national borders, from the customs office of departure of one Contracting Party to the customs office of destination of another Contracting Party or the same Contracting Party in road vehicles, in combination with sets of vehicles or containers, provided that part of the transport takes place on the road between the beginning and the end of the TIR operation.
The provisions of this Convention shall apply provided that:
(a) shipments are carried out:
(i) road vehicles, sets or containers provisionally approved under the conditions laid down in Chapter III (a); or
(ii) other road vehicles, other road sets or other containers under the conditions laid down in Chapter III (c);
(b) shipments shall be carried out under the responsibility of associations approved in accordance with the provisions of Article 6 and on the basis of a TIR carnet identical to the model set out in Annex 1 to this Convention.
(c) Principles
Goods carried under cover of a TIR carnet under the provisions of this Convention shall not be subject to the payment or composition of import or export duties and charges for border customs offices.
1. Goods carried under cover of a TIR carnet in a customs-sealed road vehicle, combination or container shall not normally be subject to a customs inspection at border customs offices.
2. However, in order to prevent abuse, the customs authorities may, in exceptional cases, and in particular where an infringement is suspected, examine the goods in those customs offices.
CHAPTER II
Issue of TIR carnets
Liability of guarantee associations
1. Each Contracting Party may, under conditions and guarantees which it itself provides, authorise certain associations to issue TIR carnets and act as a guarantor, directly or through the relevant associations.
2. An association may be approved in a country only if its guarantee also covers the liability arising in that country for operations carried out on the basis of TIR carnets issued by foreign associations which are members of the same international organisation of which the association itself is a member.
TIR carnets sent by guarantee associations corresponding to foreign associations or international organisations shall be released without import or export duties and charges and shall not be subject to any import or export prohibitions or restrictions.
1. The guaranteeing association undertakes to pay the import or export duties payable and the fees plus any interest on late payments to be paid under the customs laws and regulations of the country in which the Code was infringed in respect of the TIR operation. This association is liable for the payment of the above amounts jointly and severally with the persons it owes them.
2. Where, in the cases referred to in paragraph 1 of this Article, laws and regulations of a Contracting Party do not provide for the payment of import or export duties and charges, the guaranteeing association shall, under the same conditions, undertake to pay an amount equal to the amount of import or export duties and charges plus any interest on late payments.
3. Each Contracting Party shall fix, for each TIR carnet, the maximum amount of the amounts the payment of which may be required for guarantee associations under the provisions of paragraphs 1 and 2 above.
4. The guarantee association shall be liable to the authorities of the country in which the customs office of departure is situated from the moment the customs office accepts the TIR carnet. In other countries where the transport of goods under cover of TIR carnets is carried out, such liability shall begin as soon as the goods are imported or, in the event of interruption of the TIR operation, in accordance with the provisions of paragraphs 1 and 2 of Article 26, as soon as the TIR carnet is accepted by the customs office with which the TIR operation is renewed.
5. The liability of the guaranteeing association shall apply not only to goods listed in the TIR carnet but also to goods which, although not indicated in the carnet, are stored in a customs-sealed area of the road vehicle or in a customs-sealed container; This liability shall not apply to any other goods.
6. In order to determine the customs duties and charges referred to in paragraphs 1 and 2 of this Article, the particulars of the goods listed in the TIR carnet shall be valid unless it is demonstrated otherwise.
7. Where the amounts referred to in paragraphs 1 and 2 of this Article are due, the competent authorities shall, as far as possible, apply for payment of the person or persons who directly owe them before making their claim against the guaranteeing association.
1. The guaranteeing association shall determine the period of validity of the TIR carnet, indicating the last day of validity after which the carnet cannot be presented to the customs office of destination for acceptance.
2. Where a carnet has been accepted by the customs office of departure on the last day of its validity or before that date, as provided for in paragraph 1 above, the carnet shall remain valid until the end of the TIR operation at the customs office of destination.
1. The TIR carnet may be released with or without reservations; if reservations are made, these shall relate to the circumstances of the TIR operation itself. These circumstances must be indicated in the TIR carnet.
2. Where the customs authorities of a country have released a TIR carnet without reservation, they may no longer require the guarantee association to pay the amounts referred to in paragraphs 1 and 2 of Article 8, provided that the release certificate has not been obtained unduly or illegally.
1. Where a TIR carnet has not been released or has been released with reservations, the competent authorities shall not be entitled to require the guaranteeing association to pay the amounts referred to in paragraphs 1 and 2 of Article 8, unless within one year of the receipt of the TIR carnet by those authorities have notified the association in writing of the non-release or release subject to reservation. This provision shall also apply where the release has been obtained illegally or illegally, but in that case the period shall be two years.
2. An application for payment of the amounts referred to in paragraphs 1 and 2 of Article 8 shall be sent to the guaranteeing association not earlier than three months from the date on which that association was informed of the non-release of the carnet, of its release, subject to or the release of the carnet, obtained without authorisation or by law, and no later than two years after that date. In cases which, however, have been forwarded to the court within the above two-year period, a request for payment shall be sent within a year from the date on which the judgment became enforceable.
3. The guarantee association shall have a period of three months from the date on which the request for payment was sent to it to pay the amounts requested. The sums paid shall be recovered if, within two years of the date indicated on the request for payment, the association proves to the customs authorities that the transport operation concerned has not infringed the rules.
CHAPTER III
Transport of goods under cover of TIR carnet
(a) Approval of vehicles and containers
In order to benefit from the provisions of Sections (a) and (b) of this Chapter, each road vehicle shall comply with the conditions set out in Annex 2 to this Convention by design and equipment and be approved in the procedure set out in Annex 3 to this Convention. The approval certificate shall conform to the model in Annex 4.
1. In order to be covered by the provisions of Sections (a) and (b) of this Chapter, containers shall be constructed in accordance with the conditions set out in the first part of Annex 7 and approved in the procedure set out in the second part of this Annex.
2. Containers approved for the carriage of goods under customs clearance in accordance with the provisions of the 1956 Customs Convention on Containers, agreements concluded under the auspices of the United Nations, the 1972 Customs Convention on Containers or any international documents which would replace or amend the latter shall be deemed to comply with the provisions of paragraph 1 above and shall be accepted for carriage under the TIR procedure without new approval.
1. Each Contracting Party shall reserve the right not to recognise the validity of approvals of road vehicles or containers which do not comply with the conditions laid down in Articles 12 and 13 above. In so doing, the Contracting Parties shall exclude the delay of transport where the deficiencies identified are less serious and do not offer the possibility of smuggling.
2. Before re-use for the transport of goods under customs clearance, a road vehicle or container which no longer complies with the conditions under which it was approved shall be re-introduced or subject to new approval.
b) Driving on a TIR carnet
1. No special document shall be required for the temporary importation of a road vehicle, combination or container used for the carriage of goods under the TIR procedure. No security shall be required for a road vehicle, combination or container.
2. The provisions of paragraph 1 of this Article shall not prevent a Contracting Party from requesting that the formalities laid down in its national rules be carried out at the customs office of destination to ensure that the road vehicle, combination of vehicles or container is re-exported after the TIR operation.
If a TIR operation is carried out by a road vehicle or a combination of vehicles, the same rectangular table shall be placed at the front and rear of the vehicle or of the combination with the inscription "TIR 'corresponding to the information given in Annex 5 to this Convention. These tables will be placed in such a way that they are well visible and will be removable.
1. One TIR carnet shall be prepared for each road vehicle or container. However, a single TIR carnet may be made up for a combination or for several containers loaded on a single road vehicle or on a combination. In this case, the TIR carnet manifest shall indicate separately the contents of each vehicle forming part of the combination or of each container.
2. The TIR Carnet is valid for one ride only. It shall contain at least as many separable sheets for the acknowledgement of receipt and release of the carnet as necessary for the transport carried out.
The TIR operation may be carried out through several customs offices of dispatch and destination, but subject to the permission of the Contracting Party or Parties concerned.
(a) the customs office of departure must be in one country;
(b) customs offices of destination may not be situated in more than two countries;
(c) the total number of customs offices of departure and destination may not exceed four.
The goods and the road vehicle, package or container shall be presented to the customs office of departure together with the TIR carnet. The customs authorities of the country of departure shall take the necessary measures to ascertain the accuracy of the manifest on goods and to accompany the seals or to check the seals attached under the responsibility of those customs authorities by duly authorised persons.
For travelling to the territory of their country, the customs authorities may set a time limit and require a road vehicle, a combination of vehicles or a container to follow a specified route.
At each border customs office and at the customs office of destination, a road vehicle, a combination of vehicles or a container shall be presented to the customs authorities for inspection together with the load and the relevant TIR carnet.
1. The customs authorities of the border customs offices of each Contracting Party shall, as a rule and except where they carry out a customs inspection of the goods referred to in paragraph 2 of Article 5, recognise the intact seals of the other Contracting Parties. However, where this is necessary for inspection, the said customs authorities may attach their own conclusions.
2. The seals so recognised by the Contracting Party shall enjoy in its territory the same legal protection as the national seals.
Customs authorities may:
- to accompany road vehicles, combination vehicles or containers in the territory of their country,
- undergo inspection and inspection of the cargo of road vehicles, vehicles or containers during the journey
only in exceptional cases.
If, during the journey or at the border customs office, the customs authorities carry out a tour of the goods of a road vehicle, combination or container, they shall make a reference to the newly attached seals and the type of checks carried out on the consignment of the road vehicle, combination or container during the journey or at the border customs office.
Where customs seals are broken during the journey in cases other than those referred to in Articles 24 and 35, or where the goods have been destroyed or damaged without the seals having been breached, the provisions of Annex 1 to this Convention relating to the use of the TIR carnet shall be followed, without excluding the possibility of applying the provisions of national legislation, and a protocol entered into the TIR carnet shall be drawn up.
1. Where a part of the transport carried out under cover of a TIR carnet is carried out in the territory of a State which is not a Contracting Party to this Convention, the TIR operation on that part of the road shall be suspended. In this case, the customs authorities of the Contracting Party in whose territory the shipment is then renewed shall recognise the TIR carnet for the continuation of the TIR operation, provided that the seals and / or identification marks remain intact.
2. The same applies to the part of the road on which the holder does not use the TIR carnet in the territory of a Contracting Party because of the existence of a simpler customs transit procedure or where the application of the customs transit procedure is not necessary.
3. In such cases, customs offices on which the TIR operation is interrupted or renewed shall be deemed to be border customs at entry or exit.
Subject to the provisions of this Convention and in particular Article 18, the customs office of destination may be replaced by another customs office of destination.
After milking the load at the customs office of destination and provided that the goods are subject to another customs procedure or released for free circulation, the TIR carnet shall be released immediately.
(c) Provisions concerning the transport of heavy or bulky goods
1. The provisions of this Section shall apply only to the transport of heavy or bulky goods as defined in point (k) of Article 1 of this Convention.
2. Where the provisions of this Section can be implemented, heavy or bulky goods may be transported in unsealed vehicles or containers, as decided by the customs authorities of dispatch.
3. The provisions of this Section may be applied only if, in the view of the customs authorities of dispatch, the identity of the heavy or bulky goods transported and, where appropriate, the accessories transported can be established without difficulty, or provided with seals and / or identification marks, in order to prevent any replacement or removal of such goods without leaving visible traces.
All provisions of this Convention, unless otherwise provided for in this Section, shall apply to the carriage of heavy or bulky goods under the TIR procedure.
The liability of the guaranteeing association shall apply not only to goods registered in the TIR carnet, but also to goods which, although not registered in the Carnet, are stored on a cargo platform or between goods entered in the TIR carnet.
The TIR carnet used shall be in bold letters on the cover and on all bills of lading in English or in French printed "heavy or bulky goods."
The customs authorities of dispatch may require that the packing lists, photographs, drawings, etc., which appear necessary to ensure the identity of the goods transported, be attached to the TIR carnet. In this case, they shall record such documents, one copy of which shall be attached to the back of the cover of the TIR carnet and shall be made known in all carnet manifests.
The customs authorities of each Contracting Party shall recognise the seals and / or identification marks accompanying the competent authorities of other Contracting Parties. However, they may attach additional conclusions and / or identification marks and make a reference to them on the TIR carnet cards used in their country, on the respective tribal lists and on the carnets remaining in the TIR carnet.
Where, on the way or at the border customs office, the customs authorities carrying out the inspection of the cargo are forced to break the conclusions and / or remove the identification marks, they shall record the attached new conclusions and / or the identification marks on the TIR carnet cards used in their country, on the relevant tribal lists and on those remaining in the TIR carnet.
CHAPTER IV
Infringement of the Convention provisions
Any infringement of the provisions of this Convention shall expose the perpetrator in the country where the offence was committed to punishment under the law of that country.
If it is not possible to establish in which territory the offence was committed, the presumption that it was committed in the territory of the Contracting Party where it was detected shall apply.
1. Each Contracting Party shall have the right, temporarily or permanently, to exclude from enjoying the benefits of the provisions of this Convention any person who has seriously infringed the customs laws or regulations applicable to the international carriage of goods.
2. Such exclusion shall be notified immediately to the customs authorities of the Contracting Party in whose territory the person is located or residing, as well as to the guaranteeing association or guaranteeing association of the country in which the infringement occurred.
Where TIR operations are otherwise recognised as being correct:
1. The Contracting Parties shall not give weight to minor derogations relating to the obligation to comply with a specified period or route;
2. inconsistencies between the particulars given in the TIR carnet manifest and the content of the road vehicle, combination or container shall not be considered as a breach of the provisions of this Convention by the TIR carnet owner, provided that it is sufficiently demonstrated to the competent authorities within the meaning of this Convention that such inconsistencies are not due to errors committed intentionally or negligently in the loading or dispatch of the goods or the production of that manifest.
The customs administrations of the countries of dispatch and destination shall not make the holder of the TIR carnet liable for irregularities which may, where appropriate, be detected in those countries where such irregularities actually concern the customs procedures preceding or following the TIR operation and where the holder of the said carnet had no relationship with them.
Where it is duly demonstrated to the customs authorities that the goods referred to in the TIR manifest have been destroyed or irrevocably lost as a result of an accident or force majeure or that the goods have been lost as a result of their nature, exemption from duties and charges normally enforceable shall be granted.
Upon a reasoned request from one Contracting Party, the competent authorities of the Contracting Parties participating in the TIR operation shall be willing to provide it with all available information necessary to implement the provisions of Articles 39, 40 and 41 above.
CHAPTER V
Explanatory notes
The explanatory notes set out in Annexes 6 and 7 (Part Three) shall give an interpretation of certain provisions of this Convention and its Annexes. They also take over some of the recommended procedures.
CHAPTER VI
Miscellaneous provisions
Each Contracting Party shall confer advantages on the participating guaranteeing associations concerning:
(a) the transfer of the foreign exchange required to cover the amounts requested by the authorities of the Contracting Parties pursuant to Article 8 of this Convention; and
(b) the transfer of the foreign exchange necessary for the payment of TIR carnet forms sent by the guaranteeing association by the corresponding foreign associations or international organisations.
Each Contracting Party shall publish the list of customs offices of dispatch, frontier customs and customs offices of destination it entrusts to carry out TIR operations. The Contracting Parties whose territories are adjacent shall agree to establish opposite border customs offices and their official hours.
1. For the implementation of the operations referred to in this Convention, customs workers shall be permitted to levy fees only where they are carried out outside the days, hours and places normally provided for such purposes.
2. The Parties shall take all possible measures to facilitate customs operations involving perishable goods.
1. The provisions of this Convention shall not prevent the application of restrictions and controls resulting from national provisions based on respect for public morality, public security, public health or hygiene, or on respect for animal health or phytopathological rules, or the levying of fees imposed under such provisions.
2. The provisions of this Convention shall not prevent the application of other national or international transport rules.
Nothing in this Convention shall preclude the right of Contracting Parties which form a customs or economic union to adopt specific provisions governing transport operations which begin or end on their territory or are carried out by transit through those territories, unless such provisions restrict the advantages provided for by this Convention.
This Convention shall not prevent the establishment of more favourable conditions which the Contracting Parties provide or wish to provide by unilateral measures or on the basis of bilateral or multilateral agreements, provided that the benefits thus granted do not interfere with the implementation of the provisions of this Convention and in particular the conduct of TIR operations.
Upon request, the Contracting Parties shall communicate to each other the information necessary for the implementation of the provisions of this Convention, in particular those relating to the approval of road vehicles and containers, as well as the technical details of their construction.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 144 / 1982 Coll., concerning the Customs Convention concerning the International Carriage of Goods under the cover of TIR Carnets (TIR Convention) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.12.1982 |
|---|---|
| Effective from | 25.08.1981 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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