Published: 2012-09-08
Key Benefits:
8.9.2012 |
EN |
Official Journal of the European Union |
L 244/1 |
Amendment to the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention, 1975 (1))
According to the UN Depositary Notification C.N.326.2011.TREATIES-2 the following amendments to the TIR Convention enter into force on 13 September 2012 for all Contracting Parties
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Article 1(q), line 1: For ‘approved’ read ‘authorised’ |
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Article 1(q), line 2: For ‘surety’ read ‘guarantor’ (2) |
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Article 1(q): After Article 1(q) insert a new paragraph (r) to read:
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Article 8, paragraph 1: Modify paragraph 1 to read: ‘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.’ |
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Article 8, paragraph 7: Delete the text of paragraph 7 |
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Article 10, paragraph 2, line 1: For ‘country’ read ‘Contracting Party’ |
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Article 11, paragraph 1: Modify paragraph 1 to read: ‘1. Where a TIR operation has not been discharged, the competent authorities shall:
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.’ |
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Article 11, paragraph 1: After paragraph 1 insert a new paragraph 2 to read: ‘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.’ |
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Article 11, paragraph 2: Renumber paragraphs 2 and 3 to become paragraphs 3 and 4 |
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Article 11, new paragraph 3: Modify paragraph 3 to read: ‘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 three months 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 abovementioned 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.’ |
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Article 11, new paragraph 4: For the existing text read: ‘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.’ |
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Annex 6, Explanatory Note 0.8.3, line 1: For ‘Customs authorities’ read ‘Contracting Parties’ |
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Annex 6, Explanatory Note 0.8.5, line 1: For ‘the guarantee is questioned’ read ‘a payment request is made against the guaranteeing association’ |
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Annex 6, Explanatory Note 0.8.7: Delete Explanatory Note 0.8.7 |
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Annex 6, Explanatory Note 0.10: Renumber Explanatory Note 0.10 to become Explanatory Note 0.10–1 |
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Annex 6, Explanatory Note 0.10–1: After Explanatory Note 0.10–1 insert a new Explanatory Note 0.10–2 to read:
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Annex 6, Explanatory Note 0.11–1: For the existing text read:
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Annex 6, Explanatory Note 0.11–2: For the existing text read:
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Annex 6, Explanatory Note 0.11–3: For the existing text read:
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Annex 6, Explanatory Note 0.11–4: Add a new Explanatory Note 0.11–4 to read:
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Annex 6, Explanatory Note 0.28: Renumber Explanatory Note 0.28 to become Explanatory Note 0.28–1 After Explanatory Note 0.28–1 insert a new Explanatory Note 0.28–2 to read:
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(1) Consolidated text published in Council Decision 2009/477/EC (OJ L 165, 26.6.2009, p. 1).
(2) English and French only, in the Russian text the existing term remains unchanged.