Considerations on COM(2008)28 - EC position concerning the proposal to amend the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)

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2. 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 Community by Council Regulation (EEC) No 2112/78 of 25 July 1978[1]and entered into force in the Community on 20 June 1983[2].

3. The TIR Executive Board was informed about serious problems as regards the use of the TIR carnet for passenger cars that are 'exported and therefore considered as goods travelling on their own wheels'. It was decided that a new Explanatory Note to Article 3 (a) (iii) of the Convention should be proposed that limits the possibility of transporting passenger cars on their own wheels under cover of TIR Carnets, as the extension of the TIR procedure to such goods could lead to a number of negative consequences and a higher risk of fraud.

4. In September 2007 the Administrative Committee for the TIR Convention decided that in order to provide for a proper application of Article 3 (a) (iii) of the TIR Convention a new Explanatory Note to this Article should be introduced. This new Explanatory Note aims to eliminate different interpretations, at national level, of the provisions of Article 3 that relate to vehicles exported and travelling by their own means.

5. The Community position concerning the proposed amendment should be determined.