Artikel Douaneovereenkomst inzake het internationale vervoer van goederen onder dekking van carnets TIR (TIR-Overeenkomst)
AUTHORIZATION FOR ASSOCIATIONS TO ISSUE TIR CARNETS AND TO ACT AS GUARANTOR
1 The minimum conditions and requirements to be complied with by associations in order to be authorized by customs authorities or other competent authorities of a Contracting Party to issue TIR Carnets and act as guarantor in accordance with article 6 of the Convention are:
a) Proven existence for at least one year as an association established in the Contracting Party where the authorization is issued.
b) Proof of sound financial standing and organizational capabilities enabling the association to fulfil its obligations under the Convention.
c) Absence of serious or repeated offences against Customs or tax legislation.
d) Establishment of a written agreement or any other legal instrument between the association and the competent authorities of the Contracting Party in which it is established including the acceptance by the association of its duties as set out in paragraph 3.
2 A certified copy of the written agreement or any other legal instrument referred to under paragraph 1 (d) together, if necessary, with a certified translation into English, French or Russian, shall be deposited with the TIR Executive Board. Any changes shall be immediately brought to the attention of the TIR Executive Board.
3 The duties of the association are to:
(i) comply with the obligations laid down in Article 8 of the Convention;
(ii) accept the maximum sum per TIR Carnet determined by the Contracting Parties which may be claimed from the association in accordance with Article 8, paragraph 3 of the Convention;
(iii) verify continuously and, in particular, before requesting authorization for access of persons to the TIR procedure, the fulfilment of the minimum conditions and requirements as laid down in Part II of this Annex;
(iv) provide its guarantees for all liabilities incurred in the country in which it is established in connection with operations under cover of TIR Carnets issued by itself and by foreign associations affiliated to the same international organization as that to which it is itself affiliated;
(v) cover its liabilities to the satisfaction of the competent authorities of the Contracting Party in which it is established with an insurance company, pool of insurers or financial institution. The insurance or financial guarantee contract(s) shall cover the totality of its liabilities in connection with operations under cover of TIR Carnets issued by itself and by foreign associations affiliated to the same international organization as that to which it is itself affiliated;
The time to give notice for the termination of the insurance or financial guarantee contract(s) shall be not less than the time to give notice for the termination of the written agreement or any other legal instrument as referred to in paragraph 1 (d). A certified copy of the insurance or financial contract(s) as well as all subsequent modifications thereto shall be deposited with the TIR Executive Board, including a certified translation, if necessary, into English, French or Russian;
(vi) provide the TIR Executive Board, annually, before 1 March with the price of each type of TIR Carnet it issues;
(vii) allow the competent authorities to verify all records and accounts kept relating to the administration of the TIR procedure;
(viii) accept a procedure for settling efficiently disputes arising from the improper or fraudulent use of TIR Carnets, whenever possible without recourse to courts;
(ix) comply strictly with the decisions of the competent authorities of the Contracting Party in which it is established concerning the revocation or withdrawal of the authorization in line with Article 6 of the Convention and Part II of this Annex or the exclusion of persons in line with Article 38 of the Convention;
(x) agree to implement faithfully all decisions adopted by the Administrative Committee and the TIR Executive Board in as much as the competent authorities of the Contracting Party in which the association is established have accepted them;
(xi) confirm, in case of a fallback procedure described in Article 10, paragraph 2 of Annex 11, for Contracting Parties bound by Annex 11, upon request of the competent authorities, that the guarantee is valid, that a TIR transport is carried out under the eTIR procedure and provide other information relevant to the TIR transport.
4 When a guaranteeing association is asked, in accordance with the procedure set out in Article 11, to pay the sums referred to in Article 8, paragraphs 1 and 2, it shall, in accordance with the written agreement referred to in Explanatory Note 0.6.2bis-1 to Article 6, paragraph 2 bis, inform the international organization of the reception of the claim.
5 The Contracting Party in which the association is established shall revoke the authorization to issue TIR Carnets and to act as guarantor in case of non-compliance with these conditions and requirements. Should a Contracting Party decide to revoke the authorization, the decision shall become effective at the earliest three (3) months after the date of revocation.
6 The authorization of an association under the terms set out above shall be without prejudice to that association’s responsibilities and liabilities under the Convention.
7 The conditions and requirements laid down below are without prejudice to additional conditions and requirements that each Contracting Party may wish to prescribe.
- Regeling
- Douaneovereenkomst inzake het internationale vervoer van goederen onder dekking van carnets TIR (TIR-Overeenkomst)
- Soort
- Verdrag
- Geldend vanaf
- 01-06-2025
- BWB-id
- BWBV0003523
- Versie
- 2025-06-01_0