Considerations on COM(2014)491 - EU position on 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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dossier COM(2014)491 - EU position on the proposal to amend the Customs Convention on the International Transport of goods under cover of TIR ...
document COM(2014)491 EN
date July 24, 2014
 
(1) 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 European Economic Community by Council Regulation (EEC) No 2112/78 of 25 July 1978[1]and entered into force in the European Union on 20 June 1983[2].

(2) A consolidated version of the TIR Convention was published as Annex to Council Decision 2009/477/EC of 28 May 2009[3], according to which the Commission shall publish future amendments to the Convention in the Official Journal of the European Union indicating their date of entry into force.

(3) Various amendments to the International Convention on the Harmonised Commodity Description and Coding system (HS Convention) have been agreed. These amendments entered into force for all Contracting Parties to the HS Convention on 1 January 2012. The amendments make it necessary to amend the Model of the TIR Carnet and a reference in the Explanatory note.

(4) As a consequence of the introduction of ITDB online+, an international repository of information concerning all persons authorised by Contracting Parties to use the TIR procedure, the Administrative Committee for the TIR Convention agreed that using ITDB online+ to transmit to ITDB the legally required data on authorized TIR operators makes submission of such data in any other form, for example, on paper or by e-mail, redundant. To clarify this principle in the text of the Convention, the Committee advocated the introduction of two new Explanatory Notes. A similar Explanatory Note is proposed regarding transmission of data on exclusions to TIR Executive Board (TIRExB).

(5) Following the discussion of the TIRExB on the professional requirements for the nomination of TIRExB members and on the intermediate election of replacement TIRExB members, including considerations how to amend the existing Rules of Procedures, the TIRExB transmitted to the Administrative Committee for the TIR Convention proposals for two new Explanatory Notes. The first proposed Explanatory Note aims to address the profesional requirements of prospective TIRExB members, in order to signal to Contracting Parties how to best proceed when nominating a candidate. The second new Explanatory Note recommends the practice to follow in case a member of the TIRExB resigns or is unable to complete his/her mandated term of office. It also gives the Administrative Committee for the TIR Convention an opportunity to decide whether the by-election will take place.  The amendment to Rules of Procedures of the TIRExB containing both modifications were adopted at its 49th and 50th sessions.

(6) An amendment of the Annex 9, Part I of the Convention entered into force on 1 January 2012 (OJ L66/1 from 6 March 2012) and introduced, among others, a new obligation for the national associations to provide the TIRExB with the prices of TIR Carnets. However the deadline to fulfill this obligation was not very clear. The proposed amendment will clarify this deadline.

(7) In its 57th and 58th session in February 2014 the Administrative Committee for the TIR Convention adopted the proposed amendments of the TIR Convention, subject to the completion of the Union's internal procedures.

(8) Therefore, the Union position concerning the proposed amendment should be determined.