55/1992 Sb.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
Change: 33/2012 Coll. m.s.
Change: 34/2012 Coll. m.s.
The Federal Ministry of Foreign Affairs says that on 21 October 1982
was adopted in Geneva, the International Convention on the harmonization of frontier controls
of the goods.
The instrument of accession of the Czech and Slovak Federal Republic to the
The International Convention on the harmonization of frontier controls of goods was stored in
the Secretary-General of the UNITED NATIONS, the depositary of the Convention, on 6 April. September 1991.
Convention entered into force, pursuant to article 17(2). 1 day 15.
October 1985. For the Czech and Slovak Federal Republic has entered
the Convention enters into force in accordance with its article 17, paragraph. 2 day 6. December
1991.
Coordination of the activities of the Customs authorities and to the control of the services to which the
Convention, is responsible for the Federal Ministry of foreign
trade-Central Customs Administration.
Czech translation of the Convention shall be published at the same time.
THE INTERNATIONAL CONVENTION
on the harmonization of frontier controls of goods
The preamble to the
The Contracting Parties,
Desiring to improve the international movement of goods,
Having considered it necessary to facilitate the transition of goods across borders,
Noting that control measures at the border are performed in different
control folders
Recognizing that the conditions governing the performance of such checks can be largely
aligned without detriment to their final outcome, on their proper
implementation and their effectiveness,
considering that the harmonization of frontier controls constitutes one of the
important means to achieve these goals
have agreed as follows:
CHAPTER I
General provisions
Article 1
The definition of the
For the purposes of this Convention:
and) under the term "Customs Administration" of the administrative authorities responsible for the implementation of the customs
legislation and collecting import and export duties and taxes, and
responsible for the implementation of other laws and also regulation relating
among other things, on the import, transit and export of goods,
(b)) the term "customs control" means the measures taken in order to
compliance with laws and regulations for the implementation of Customs is responsible
management,
(c)), the term "medical-health inspection" means inspection of carried out for
to protect the life and health of people, with the exception of veterinary inspection,
(d)) under the term "health examination" health inspection carried out in
animals and animal products with a view to protecting the life and health of persons and
animals and control of such items or items that could be
a source of contagious diseases of animals
(e)) by "phytosanitary inspection" means inspection carried out for the
to prevent the spread of pests of plants and intrusion products
vegetable origin across national boundaries,
(f)) under the concept of "control of compliance with technical standards" check,
for the purpose of determine whether goods satisfy the minimum requirements of the international
and national standards, stipulated by the Act and the regulations,
(g)), under the concept of "quality control" any other check, differing from
the above checks, intended to determine whether the goods corresponds to the
the minimum international or national quality indicators, which are
determined by the relevant laws and regulations,
(h)) under the term "audit service" means any service that is stored
the obligation to perform, in full or in part the above checks
or other normally carried out checks in import, export or
the transit of goods.
Article 2
The subject of the Convention
In order to facilitate the international circulation of goods, this Convention has the task of
to reduce the requirements for compliance with customs formalities, as well as the number and the length of the
checks, in particular by the harmonization of national and international control
procedures and their implementation.
Article 3
The range of validity of the
1. this Convention applies to all movements of goods in import, export or
transit, transported across one or more maritime, air or
land borders.
2. this Convention applies to all control services of the Contracting Parties.
CHAPTER II
Harmonization of procedures
Article 4
Coordination of controls
The Contracting Parties undertake to reconcile as far as possible the work of the customs
authorities and other inspection services.
Article 5
Resources services
To secure the proper functioning of the control services of the Contracting Parties shall ensure, in
as far as possible and within the framework of the national legislation on the provision of:
and) qualified personnel in sufficient quantities in terms of
the requirements of the operation,
(b)) material and equipment, the appropriate control from the point of view of transport
resources, controlled goods and traffic requirements,
(c)), intended for the official rules of these services, who
they have to act in accordance with the applicable international treaties and agreements, and
the national regulations.
Article 6
The international cooperation
Contracting Parties shall undertake to cooperate with each other and, if necessary,
search for cooperation with the competent international organisations in order to
achievement of the objectives set out in this Convention and, if necessary,
seek to conclude new multilateral or bilateral agreements or
the agreements.
Article 7
Cooperation between neighbouring countries
When crossing the common border of the Contracting Party concerned shall take the
always, when possible, appropriate measures to facilitate the
the transition of goods and, in particular:
and shall endeavour to implement common) control of goods and documents by building
common devices
(b))
will endeavour to ensure the continuity of the
-working times of frontier posts,
-inspection services, which pursue their activities there,
-categories of goods, the modes of international regimes and customs
transit, which may be accepted in these countries or used.
Article 8
The exchange of information
The Contracting Parties shall, on request, communicate the information needed to
the implementation of this Convention in accordance with the conditions set out in the annexes.
Article 9
Documents
1. The Contracting Parties shall endeavour in the mutual contact and in contact with the
the relevant international organizations to expand the use of documents,
drawn up in accordance with the single document of the United Nations.
2. The Contracting Parties shall accept documents drawn up by all appropriate
the technical ways, provided that they conform to the official rules
for their production, and the credibility of the certification, and that they will be readable
and understandable.
3. The Contracting Parties shall see to it that the necessary documents
prepared and authenticated in full compliance with the relevant legal
provisions.
CHAPTER III
The provisions concerning transit
Article 10
Transiting goods
1. the Contracting Parties will permit, according to options, simple and fast
discussing the goods in transit and, in particular, such that is transported
on the basis of the international Customs transit procedure, and will restrict the
his control only to cases in which the circumstances or the real
the risks justify. In addition, they will take into account the situation in the countries
that do not have access to the sea. Endeavour to secure an extended working
the time and the legitimacy of the existing customs branches, carrying out customs
control of goods transported on the basis of any of the international
Customs transit procedures.
2. the Contracting Parties shall endeavour to facilitate the transit of goods, the maximum
transported in containers or in other cost units,
providing adequate security.
CHAPTER IV
Miscellaneous provisions
Article 11
Public order
(1) no provision of this Convention does not prevent the implementation of the prohibitions and restrictions
in the import, export or in transit, applied reasons of public
order and in particular public safety, morals, health or the protection of
environment, cultural heritage or industrial, commercial
and intellectual property rights.
(2) whenever possible, and without detriment to the effectiveness of the controls,
the Contracting Parties shall endeavour to carry out inspections, bound to the implementation
the measures, contained in the above paragraph 1, the provisions of this
Convention and, in particular, those which are the subject of articles 6-9.
Article 12
Emergency measures
(1) the emergency measures which the Contracting Parties may do so because of the
in special circumstances, should correspond to the cases, due to which the
taken and be suspended or revoked, if such grounds
have passed away.
(2) Always, when it will be possible without detriment to the effectiveness of the measures, the
the Contracting Parties, the provisions of such measures.
Article 13
Annex
(1) annexes to this Convention form an integral part thereof.
(2) New Annex concerning other types of controls, may be
attached to this Convention in accordance with the procedure specified in the following
articles 22 or 24.
Article 14
Relationship to other treaties
Without prejudice to the provisions of article 6, this Convention shall not prevent the implementation of the rights of the
and obligations arising from contracts that the Contracting Parties to this Convention
concluded before become parties.
Article 15
This Convention shall not prevent the use of larger benefits that two or more
the contracting parties desire to provide each other with, nor in the law of the regional
economic integration organizations referred to in article 16, which are
the Contracting Parties, to follow their own laws when the controls on the
their internal borders under the condition that it in no way
It does not limit the benefits, arising from this Convention.
Article 16
Signature, ratification, acceptance, approval and access
(1) this Convention, deposited with the Secretary-General of the United
Nations, is open to participation by all States and regional economic
integration organizations, constituted by sovereign States, possessing the right to
to negotiate, conclude and implement international agreements on matters contained
in this Convention.
(2) Regional economic integration organisations referred to in paragraph 1
will be able to in matters arising from their competence, exercise
on their behalf, the rights and obligations which this Convention gives their
Member States which are Contracting Parties to this Convention. In such a
the case of the Member States of these organizations shall not be entitled to exercise
individually these rights, including the right to vote.
(3) the States and regional economic integration organizations referred to above,
may become Contracting Parties to this Convention:
and saving instruments of ratification), instruments of acceptance or approval
their signature, or
(b)) the deposit of instruments of accession.
(4) this Convention shall be open for signature by all States and regional
economic integration organizations referred to in paragraph 1 from 1. April
1983 to 31. March 1984, including in the Office of the United Nations in Geneva.
(5) from the 1. in April 1983, will also be open for their accession.
(6) the instrument of ratification, acceptance, approval or
accession shall be deposited with the Secretary-General of the United
of the Nations.
Article 17
Entry into force of the
(1) this Convention shall enter into force on the expiry of three months from the date on which the
five States have deposited their instruments of ratification, acceptance,
approval or accession.
(2) after five States have deposited their instruments of ratification, instruments of
acceptance, approval or accession, this Convention shall enter in the
force for all new Contracting Parties after the expiry of three months from the date of
deposit of their instruments of ratification, acceptance, approval or
of instruments of accession.
(3) any instrument of ratification, acceptance, approval or
the Charter on access, imposed after the entry into force of the addendum to this Convention,
will be considered as relating to complete with the text of this Convention.
(4) any such instrument deposited after acceptance for in accordance with
the procedure referred to in article 22, but before its entry into force,
will be considered as relating to the amended text of this Convention to date
the entry into force of the add-on.
Article 18
Notice of termination
(1) each Contracting Party may denounce this Convention by notification,
the Secretary-General of the United Nations.
(2) denunciation shall take effect six months after the date on which the
the Secretary General has received the notification.
Article 19
The expiry of the
If, after the entry into force of this Convention, the number of States which will fall
are parties, to less than five in any one period running
twelve months, this Convention shall cease to have effect at the end of this
the 12-month period.
Article 20
Resolution of disputes
(1) any dispute between two or more Contracting Parties concerning the interpretation or
the implementation of this Convention will be dealt with according to the possibilities of negotiation between the parties
the dispute or in other ways.
(2) any dispute between two or more Contracting Parties concerning the interpretation or
the implementation of this Convention which cannot be settled in the manner referred to in paragraph
1 of this article, shall be submitted, at the request of one of them to an arbitration
the Court, composed as follows: each party to the dispute shall appoint an arbitrator and
These arbitrators shall appoint the arbitrator, who shall be Chairman. If, after the expiry of the
three months after the arrival of the application one of the parties fails to appoint an arbitrator or
the arbitrators could not identify the Chairman, will be able to either of these parties
to request the Secretary-General of the United Nations to appoint a
an arbitrator or the Chairman of the Arbitration Court.
(3) the decision of the Arbitration Tribunal, established under the provisions of paragraph
2, will be final and binding for the parties to the dispute.
(4) the Arbitration Tribunal shall lay down its rules of procedure.
(5) the arbitral tribunal will be decided by majority vote and on the basis of the
the existing agreements between the parties to the dispute and general rules
of international law.
(6) any dispute which may arise between the parties to the dispute as regards the
the interpretation and enforcement of the arbitration award, any party will be able to be
submitted to the Arbitration Tribunal which made the award.
(7) each party to the dispute shall bear the costs of the arbitrator and of its representatives
in the arbitration proceedings; the costs associated with the Presidency and the other
the costs are borne by the parties equally.
Article 21
Reservations
1. Each Contracting Party may, when signing, ratifying, accepting or
approval of this Convention or to access it, make a declaration that the
do not feel bound by paragraph 2-7 article 20 of this Convention. The other Contracting
the parties are not bound by these paragraphs to the Contracting Party which
It has made such a reservation.
2. Any Contracting Party which has made a reservation in accordance with paragraph 1 of this
Article, it will be able to cancel at any time by notification addressed to the General,
the Secretary-General of the United Nations.
3. With the exception of the reservations referred to in paragraph 1 of this article, the
No reservation to this Convention shall be permitted.
Article 22
How to add or change in this Convention
1. this Convention including its annexes may be supplemented or amended
on the proposal of a Contracting Party in accordance with the procedure laid down in this article.
2. any proposed amendment to this Convention or the add-on be reviewed by the Administrative Committee,
composed of all the Contracting Parties in accordance with the rules of procedure, provided for in
Annex 7. Each such addition or change that have been reviewed or
drawn up on the sessions of the Administrative Committee and adopted by the Committee, will be
communicated by the Secretary-General of the United Nations to the Contracting
Parties for acceptance.
3. any proposed change, add-on or notified in accordance with the provisions of the
the preceding paragraph shall enter into force for all Contracting Parties three
months after the expiry of a period of twelve months from the date on which the notification was
the latter, if not during this period, the Secretary-General of the
The United Nations announced against proposed for or change
no objection by a State which is a Contracting Party, or the regional
economic integration organisation that is a Contracting Party and shall proceed
under the conditions laid down in paragraph 2 of article 16 of this Convention.
4. If it was against the proposed for or change under the provisions of
paragraph 3 of this article shall be notified to the objection, or change the add-in
for missed and will have no effect.
Article 23
Applications, notifications and objections
The Secretary-General of the United Nations recognizes all
Contracting Parties and all States of any request, notice, or objections,
filed pursuant to the provisions of the above article 22, and of the date on which the
supplement or amendment shall enter into force.
Article 24
The Conference on the revision of
After a five-year period of validity of this Convention, each Contracting Party will be able to
to request the communication of the Secretary-General, the United Nations,
the convening of a Conference for the purpose of reviewing this Convention with details of proposals to
consideration of this Conference. In such a case:
I) the Secretary-General of the United Nations shall communicate this request
all the Contracting Parties and invite them to submit their comments to the
within three months of the proposals and also to submit other proposals,
that would wish to discuss at the Conference;
(ii)), the Secretary-General of the United Nations shall also notify all
the Contracting Parties the text of other eligible proposals and convene
the Conference on the revision of the case, that in a period of six months from the date of sending of the
This notice shall notify him at least one third of the parties, their agreement with
the convening of the Conference;
(iii)) If, however, the Secretary-General of the United Nations
considers that the proposal on the revision of the draft is rather to supplement or change in
the meaning of paragraph 1 of article 22, it will be in agreement with the Contracting Party,
that proposal, to initiate the procedure when a change referred to in article 22
instead of the procedure on the revision.
Article 25
The communication from the
In addition to the communications and notifications referred to in articles 23 and 24 shall be communicated
the Secretary-General of the United Nations to all States:
and) signatures, ratification, acceptance, approval, and accessions in accordance with article 16;
(b)) the dates of entry into force of this Convention in accordance with article 17;
c) denunciations in accordance with article 18;
d) expiry of this Convention under article 19;
e) reservations under article 21.
Article 26
Certified copies
After 31 December 2006. March 1984, the original of this Convention shall be deposited with the
the Secretary-General of the United Nations, who shall send a certified copy thereof
all Contracting Parties and to all States which are not Contracting Parties.
Done at Geneva on 21. October 1982 in a single copy, in the language of the
English, French, Russian and Spanish languages being equally authentic.
On the PROOF, subscribers to assignees, duly authorised, this
have signed the Convention.
Annex 1
Harmonization of customs and other inspections
Article 1
The principles of
1. Due to the fact that the Customs Administration is present on all the borders and
due to the general nature of its work, the other controls in the
as far as possible be organized and carried out in accordance with the customs control.
2. in carrying out this policy, however, it is possible to control all or part
be carried out elsewhere than at the border, provided that the procedures used
contribute to facilitate the international circulation of goods.
Article 2
1. The Customs Administration will be accurately informed about the legislation or
the regulations, which may lead to the implementation of other than customs controls.
2. If it is necessary to other kinds of checks, the customs administration shall ensure
to be informed about the relevant services and cooperate with them.
Article 3
Organization checks
1. If it is to be carried out more checks on the same site, the
the competent services of all measures for the purpose of implementation, if the
possible, at the same time or in the shortest possible time. The competent service shall endeavour to
unify their requirements in terms of documents and information.
2. the competent services shall take all necessary measures, in particular, to
in places where the checks are carried out, there was sufficient personnel
ensure and necessary facilities.
3. The Customs Administration will be able to on the basis of the explicit mandate of the relevant
perform services for them fully or in part inspections, which are
entrusted with. In this case, the competent service shall ensure that the customs
manage all the necessary resources.
Article 4
The results of the checks
1. From the point of view of all issues referred to in this Convention, the control's
services and Customs shall exchange all relevant information in the shortest
possible time in order to ensure the effectiveness of controls.
2. on the basis of the results of the checks made shall decide the appropriate service
How will be loaded with the goods, and if necessary, it shall inform the
the competent services, which carry out other checks. On the basis of this
the decision shall be subjected to the customs administration of the goods to the competent customs regime.
Annex 2
Medical-health tour
Article 1
The principles of
Medical-medical examination is carried out, irrespective of the place where the
is exercised, in accordance with the principles laid down by this Convention, and
in particular, its annex 1.
Article 2
Information
Each Contracting Party shall ensure that the information can be listed below
easily receive all the points leads:
-the goods subject to medico-medical examination
-on the places where the goods may be presented for inspection,
-the legal treatment and rules concerning medical-health
guided tours, as well as their generally carried out the procedures.
Article 3
Organization checks
1. the control services shall see to it that the places where the border is done
medical-medical examination, was equipped with the necessary equipment.
2. Medical-Health tour will also be able to perform in the
inland, where it is established from the evidence submitted, and of the techniques used
transport, the goods cannot deteriorate or be the source of infection for
its transport.
3. In the framework of the treaties, the Contracting Parties shall endeavour to reduce as far as possible
implementing physical controls of perishable goods in the course of the
transport.
4. In cases when it is necessary to store the goods until receipt of the results of the
medical-health inspection, the competent control services of the Contracting
the Parties shall endeavour to ensure that the storage took place in conditions
providing for the conservation of the goods with minimal customs formalities.
Article 4
Goods in transit
In the framework of the treaties, the Contracting Parties shall waive, always, when possible,
from the medical-health inspection of goods in transit in those cases where it will not be
threatening diseases.
Article 5
Cooperation
1. Medical Services-health services shall cooperate with the corresponding
services of other Contracting Parties so as to expedite the transition of goods
perishable, when medical-medical examination, in particular
through the exchange of useful information.
2. when a consignment of perishable goods is suspended in the
during the medical-health inspection, the competent service shall endeavour to
notify the corresponding service of the country of export in the shortest possible time with
indicating the reason of suspension of the consignment and the action taken on
the goods.
Annex 3
The health inspection
Article 1
The principles of
The health examination is carried out, regardless of the place in which it is
exercised in accordance with the principles laid down by this Convention, and in particular
its annex 1.
Article 2
The definition of the
The health inspection, as defined in article 1 (b). (d)) of this Convention,
includes control of the means of transport and transport conditions, animals and
the original animal products. May also include quality control,
standards and cover the various provisions relating to for example. checks
the protection of endangered species, which is often due to the effectiveness of the
přidružována to veterinary inspection.
Article 3
Information
Each Contracting Party shall ensure that the information can be listed below
points receive easily by all interested parties:
-the goods subject to veterinary inspection,
-the places where the goods may be presented for inspection,
-on diseases whose notification is mandatory,
-about the legislation and rules relating to veterinary inspection,
as well as their generally carried out the procedures.
Article 4
Organization checks
1. the Contracting Parties shall endeavour to:
-to set up, where necessary and possible, the place of veterinary inspection,
the filling should meet the requirements of the operation,
-to facilitate the movement of goods, in particular by the harmonization of working hours
the veterinary services and the departments of customs and agreement to the above
the said formalities outside normal working hours, if the arrival of the goods
be notified in advance.
2. the veterinary inspection of the products of animal origin will be able to be
also carried out inland, where it is established from the evidence submitted, and
used means that the products cannot be the source of infection
for their transport.
3. In the framework of the treaties, the Contracting Parties shall endeavour to reduce as far as possible
carry out physical checks of the goods during transport perishables.
4. In cases when it is necessary to store the goods until receipt of the results of the
veterinary inspection, the competent control services of the Contracting Parties shall take
all it took to storage in minimum tariff
formalities in conditions guaranteeing the quarantine safety and conservation of
cargo.
Article 5
Goods in transit
In the framework of the treaties, the Contracting Parties shall waive, always in transit, when it
It will be possible, from the veterinary inspection the goods of animal origin in
cases where it will not be threatening diseases.
Article 6
Cooperation
1. the veterinary inspection Services shall cooperate with the competent services of the
the other Contracting Parties in order to accelerate the transition of goods,
subject to veterinary inspection, in particular through the exchange of useful
the information.
2. when a consignment of perishable goods or live
animals suspended in the implementation of veterinary inspection, the competent
the service shall endeavour to notify the corresponding service of the country's it exports in
as soon as possible, stating the reason for the suspension of the consignment, and
the measures that have been taken on the item.
Annex 4
Phytosanitary inspection
Article 1
The principles of
Phytosanitary inspection shall be carried out, irrespective of the place where the
is exercised, in accordance with the principles laid down by this Convention, and
in particular, its annex 1.
Article 2
The definition of the
Phytosanitary inspection defined in article 1 (b). (e)) of this Convention,
also applies to the control of the means of transport and transport
the conditions of the plants and their products. It may also apply to
the measures, undertaken in order to preserve animal species,
threatened with extinction.
Article 3
Information
Each Contracting Party shall ensure that the information can be listed below
points receive easily by all interested parties:
-the goods subject to special phytosanitary conditions,
-about places, which may be some plants or plant
products presented for inspection,
-on the list of pests of plants and plant products, which are subject to
Prohibitions or restrictions,
-the legal treatment and rules relating to plant health
guided tours, as well as their generally carried out the procedures.
Article 4
Organization checks
1. the Contracting Parties shall endeavour to:
-to set up, where necessary and where possible, sufficient equipment
for phytosanitary inspection, storage, desinsekci, and disinfecting,
that would meet the requirements of the operation;
-to facilitate the movement of goods, in particular by the harmonization of working hours
the phytosanitary services and departments of customs with the agreement
formalities for the goods, perishable, outside the normal official
hours, if the arrival of the goods was notified in advance.
2. The phytosanitary inspection of plants and products of vegetable origin may
also be carried out in the Interior, where the evidence presented by the evidence
and used means that the products cannot be the source of
the disease for their transport.
3. In the framework of the treaties, the Contracting Parties shall endeavour to reduce as far as possible
carry out physical checks of plants and products of which are subject to
perish in the course of their transport.
4. In cases when it is necessary to store the goods until receipt of the results of the
phytosanitary inspection, the competent control services of the Contracting Parties
will do all it can to make the storage took place in conditions
providing for the quarantine safety and conservation of the cargo when the minimum
Customs formalities.
Article 5
Goods in transit
In the framework of the treaties, the Contracting Parties shall waive, always, when possible,
from the phytosanitary inspections of goods in transit, with the exception of making a
the measures necessary for the protection of their own plants.
Article 6
Cooperation
1. The phytosanitary services shall cooperate with the competent services of the
the other Contracting Parties in order to accelerate the transition of flora and
products of plant origin, subject to plant-health inspection
in particular, the exchange of useful information.
2. If the consignment is suspended plants or plant products
origin in the implementation of phytosanitary inspection, the competent service shall
endeavour to inform the corresponding service of the country of export in the shortest
possible time, stating the reason of the suspension of the shipment and on the measures
was taken on the item.
Annex 5
Control of compliance with technical standards
Article 1
The principles of
Control of compliance with technical standards for goods, referred to in this Convention,
is performed, regardless of the place in which it is exercised, in accordance with the
the principles laid down in this Convention and in particular its annex 1.
Article 2
Information
Each Contracting Party shall ensure that all interested parties had the opportunity to get
easily the information in the following sections:
-about her used standards,
-the places where the goods may be presented for inspection,
-the legal treatment and rules concerning the control of compliance with the
technical standards, as well as their generally carried out the procedures.
Article 3
Harmonization of standards
In the event that there are no international standards, Contracting Parties, using
national standards shall endeavour to reconcile the way international
contracts.
Article 4
Organization checks
1. the Contracting Parties shall endeavour to:
-to set up, where necessary and where possible, place controls
compliance with the technical standards that would meet the requirements of the operation;
-to facilitate the movement of goods, in particular by the harmonization of the working time of the service,
responsible for the control of compliance with technical standards and the departments of customs and
with the agreement of the formalities in the case of perishable goods outside
normal office hours, where their arrival has been notified in advance.
2. the Control of compliance with technical standards will be able to also be implemented
in the Interior, it is established the evidence submitted and used
means of transport means, in particular, that products and products subject to
Perishable cannot spoil for their transport.
3. In the framework of the treaties, the Contracting Parties shall endeavour to reduce as far as possible
implementation of physical controls of perishable goods,
which is implemented by the control of compliance with technical standards in the course of the
its transport.
4. The Contracting Parties shall organize control of compliance with technical
standards and always, when possible, appropriate procedures will be match services
responsible for these checks and, where appropriate, of the competent services for other
the checks and inspections.
5. In the case of perishable goods, suspended due to
the results of the checks of compliance with technical standards, the competent control services
ensure that the storage of the goods or the parking of transport and
the funds were carried out in conditions providing for the conservation of the goods
When minimum customs formalities.
Article 5
Goods in transit
Control of compliance with technical standards are normally not performed on the goods in the
direct transit.
Article 6
Cooperation
1. The services responsible for the compliance with technical standards shall cooperate with the
the competent services of the other Contracting Parties with a view to speeding up the movement of the
perishable goods, for which the check is carried out
compliance with technical standards, in particular the exchange of useful information.
2. If the consignment is suspended of perishable goods in
implementation of the control of compliance with technical standards, the competent service shall
endeavour to inform the corresponding service of the country of export in the shortest
possible time, stating the reason of the suspension of the shipment and on the measures
was taken on the item.
Annex 6
Quality control of the
Article 1
The principles of
Quality control of the goods mentioned in this Convention, shall be carried out regardless of the
the place in which it is exercised, in accordance with the principles laid down in the
This Convention and in particular its annex 1.
Article 2
Information
Each Contracting Party shall ensure that the information can be listed below
easily receive all the points leads:
-the places where the goods may be presented for inspection,
-the legal treatment and legislation, relating to quality control, as well as
and their generally carried out the procedures.
Article 3
Organization checks
1. the Contracting Parties shall endeavour to:
-to set up, where necessary and where possible, place of inspection
the quality that would meet the requirements of the operation,
-to facilitate the movement of goods, in particular by the harmonization of the working time of the service
responsible for quality control and customs departments and allowing the performance of
formalities in the case of perishable goods outside normal official
hours, if the arrival of the goods was notified in advance.
2. the quality control can also be carried out in the Interior for the
provided that the procedures used contribute to facilitate the international
transport of the goods.
3. In the framework of the treaties, the Contracting Parties shall endeavour to reduce as far as possible
carry out physical checks in the course of the transport of the goods, subject to the
perishable, submitted to quality control.
4. The Contracting Parties shall organize quality control, always aligning,
When will it be possible, procedures, services, responsible for these checks and
where appropriate, the services of relevant to the implementation of other checks and inspections.
Article 4
Goods in transit
Quality control of the goods does not normally for goods in direct transit.
Article 5
Cooperation
1. the quality control Services shall cooperate with the competent services of the
the other Contracting Parties in order to accelerate the transition of goods,
perishable and submitted to quality control, in particular the
through the exchange of useful information.
2. when a consignment of perishable goods is suspended in the
during quality control, the competent service shall endeavour to notify about it
inform the corresponding service of the country of export in the shortest possible time with
specifying the reason of the suspension of the shipment and on the measures that have been taken
for the goods.
Annex 7
The rules of procedure of the Administrative Committee referred to in article 22 of this Convention
Article 1
The members of the
The members of the Administrative Committee are Contracting Parties to this Convention.
Article 2
Observers
1. the Administrative Committee may decide to invite the competent administrations of States which
are not Contracting Parties, or representatives of international organizations,
which are not Contracting Parties to discuss issues affecting the
their interests, for the purpose of their participation in these meetings as
observers.
2. the international organisations referred to in paragraph 1, the relevant issues
contained in the annexes to this Convention shall have the right to participate in the work of the
The Administrative Committee, without prejudice to article 1 of the Convention as observers.
Article 3
The Secretariat of the
Provides secretarial services to the Committee by the Executive Secretary of the European
the Economic Commission.
Article 4
The convening
The Executive Secretary of the Economic Commission for Europe shall convene the Committee:
I) for two years after the entry into force of the Convention;
(ii)) to the date fixed by the Committee, but at least once every five
years of age;
III) at the request of the competent administrations of at least five States which are
by the Contracting Parties.
Article 5
Officials
The Committee shall elect at every meeting of the Chairman and Vice-Chairman.
Article 6
Quorum
For the adoption of a decision is a necessary quorum, representing at least
one third of the States which are Contracting Parties.
Article 7
The decision of the
I) proposals shall be voted on.
(ii)) any State which is a Contracting Party represented at the meeting, has
the right to one vote.
III) in the case the implementation of paragraph 2 of article 16 of this Convention, the regional
economic integration organizations which are Contracting Parties to this
the Convention, in the case of a vote by the same number of votes corresponding to the sum of
the votes pertaining to their Member States which are also
the Contracting Parties to this Convention. In this last case, the
Member States shall not apply their right to vote.
(iv)), subject to the provisions of section v) proposals received
a simple majority of the members present and voting in accordance with the conditions
set out in the above paragraphs ii and iii)).
in this Convention) are accepted by a two-thirds majority of the
Members present and voting in accordance with the conditions laid down in the
the above paragraphs ii and iii)).
Article 8
Report
Before the end of its session, the Committee approved the report.
Article 9
Additional provisions
If they are not included in this annex, the relevant provisions and, if the Committee
decides otherwise, will be used in the rules of procedure of the European Economic Commission.
Annex 8
FACILITATION OF BORDER CROSSING PROCEDURES FOR INTERNATIONAL ROAD
TRANSPORT
Article 1
The principles of
To supplement the provisions of this Convention, and in particular the provisions of annex 1,
the purpose of this annex lay down the measures that must be taken in order to
possible to facilitate border crossing procedures for international road
transport.
Article 2
Facilitate the procedures for issuing visas to professional drivers
1. the Contracting Parties should endeavour to ensure that, in accordance with their
best practice for all visa applicants, national
immigration rules, as well as international obligations were facilitated
the procedures for issuing visas to professional drivers engaged in international
road transport.
2. The Contracting Parties agree that they will regularly exchange
information about best practices in order to facilitate the procedures for the
visas to professional drivers.
Article 3 of the
The operation of international road transport
1. In order to facilitate the international movement of goods shall inform the Contracting
the Parties shall regularly, and in a consistent and coordinated manner of all persons
involved in the operation of the international road transport of current or
the planned border control requirements for international road
transport and about the current situation on the border.
2. The Contracting Parties shall endeavour to ensure, to the fullest extent possible, and not
only within the framework of transit transport, have transferred all the necessary control
procedures on the place of origin and destination of the goods carried by road to
to alleviate the congestion at border crossing points.
3. In particular, with regard to article 7 of this Convention should preferably be
dealt with express mail services, such as live animals and goods subject to
perish. The competent authorities at border crossing points should
in particular:
I) take the necessary measures to ensure that the waiting time for vehicles approved
According to the ATP carrying perishable food or live animals from
arrival at the frontier until the checks by the competent authorities and administrative, customs
and health checks as soon as possible,
(ii) to ensure the fastest possible implementation of the) the required checks,
III) to the extent possible, to allow the vehicles flying perishable
food operations needed refrigeration units during the crossing
borders, if that is impossible because of the required control procedure;
IV) cooperate with the authorities of other Contracting Parties, in particular the
through advance information exchange, in order to speed up the
procedures when crossing the border for perishable goods and
live animals, if these costs are subject to health control.
Article 4 of the
Inspection of vehicles
1. the Contracting Parties, which are not yet Contracting Parties to the agreement on the
the adoption of uniform conditions for periodical technical inspections of wheeled
vehicles and the reciprocal recognition of such inspections (1997), should
seek to ensure that, in accordance with the relevant national and
international law to facilitate the border crossing road
vehicles of the adoption of the international technical inspection certificate
provided for in that agreement. Technical inspection certificate, which is
part of the agreement from 1 January 2002. in January 2002, is contained in Appendix 1
of this annex.
2. For the purpose of identifying ATP-approved vehicles, which
carrying perishable foodstuffs, the Contracting Parties may use the
distinctive sign attached to the equipment concerned and the ATP certificate
or certification label according to the agreement on the international carriage
perishable foodstuffs and on the special equipment to be used for
such carriage (1970).
Article 5
International vehicle weight certificate
1. in order to accelerate border crossings, the Contracting Parties would be in the
accordance with the relevant national and international legislation
seek to avoid the duplication of border crossings
the weighing of vehicles that they adopt and the mutual recognition of the international
vehicle weight certificate as contained in Appendix 2 to this annex. If
the Contracting Parties shall take certificates, will not be implemented no more
Dear, with the exception of random checks in the case of a suspected
the irregularity. Dear vehicles recorded in these certificates will be
carried out only in the country of origin of the international transport. The weighing results
the certificates will be properly recorded and confirmed.
2. Any Contracting Party which accepts the international weighing certificate
the vehicle, ensure the publication of a list of all weighing stations in their country
approved in accordance with international principles as well as of any change in this
the list. This list and any amendments thereto shall be transmitted to the
The Executive Secretary of the United Nations Economic Commission for Europe
Nations (UN/ECE), who shall circulate it to each of the parties and the international
organizations referred to in annex 7, article 2 of this Convention.
3. the minimum requirements for approved weighing stations, the principles of
the authorization and the basic features of weighing procedures used are listed
in Appendix 2 to this annex.
Article 6 of the
Border crossings
For the simplification and acceleration of the required formalities at border
crossings, the Contracting Parties shall comply with the following minimum requirements best
for the border crossings, which are open to the international transport of goods:
I) facilities enabling joint control between adjacent States
(one-stop technology) 24 hours a day, whenever this check
justified by the needs of the business and in accordance with the rules of the road
transport,
(ii) the Department of transportation) of various types on both sides of the border, which
priority check-in allows vehicles with current international transit
Customs documents (TIR, T) or carrying live animals or vehicles
perishable foodstuffs,
(iii) control of the area outside the driveway) belts for random check
cargo and vehicles,
IV) appropriate parking and terminal devices,
in proper hygiene, social) and telecommunications equipment for the driver,
vi) assistance in setting up forwarding companies by providing appropriate
equipment at border crossings that offer services to operators
transport on a competitive basis.
Article 7
Reporting mechanism
With regard to articles 1 to 6 of this annex, the Executive Secretary carries out the
Economic Commission for Europe of the United Nations (UN/ECE)
the next year between the Contracting Parties relating to the survey of progress
progress in the improvement of border crossing procedures in their countries.
Appendix 1 to annex 8 to this Convention
THE INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE
in accordance with the agreement concerning the adoption of uniform conditions for periodical
technical inspections of wheeled vehicles and the reciprocal recognition of such
inspections (1997), which entered into force on 27 April 1994. January 1, 2001.
1. Accredited Centre for carrying out technical inspections correspond
for the implementation of the inspection tests, granting the certificate of compliance
guided by the relevant rules attached to the Vienna agreement of
1997 and determining the deadline for additional tours that will be
mentioned in a line of 7.8 of the international technical inspection certificate,
a specimen of which is given below.
2. the international technical inspection certificate contains the following
information. The international technical inspection certificate may be
booklet in format A6 (148 x 105 mm), with a green cover and white
the internal parties, or green or white sheet in A4 format (210 x 197)
folded to format A6, so that the section containing the distinguishing sign of the State of
or the United Nations consisted of the upper part of the composite
the certificate.
3. Items of the certificate and their content shall be printed in the official language of the
the issuing Contracting Party and will preserve the numbering.
4. As an alternative, you may use the report on a regular
the inspections, which are common in countries that are parties to the
the agreement. Their pattern shall be transmitted to the Secretary-General of the Organization
the United Nations, who shall inform the Contracting Parties.
5. the entries in the international technical inspection certificate written manually
or typed or printed by computer, which may fill out
only the competent authorities, are written in the Latin alphabet.
Form:
Appendix 2 to annex 8 to this Convention
INTERNATIONAL VEHICLE WEIGHT CERTIFICATE
1. The purpose of the international vehicle weight certificate (IVWC) is to facilitate the
the procedures for crossing the border, in particular to avoid repetitive weight measurements
of goods road vehicles en route in the countries of the Contracting Parties.
The data in the duly completed certifications received by the Contracting Parties
the competent authorities of the Contracting Parties shall take as valid information.
The competent authorities do not require the new weighting, with the exception of random checks
in the case of supposed irregularities.
2. the international vehicle weight certificate, which corresponds to the model
below in this appendix, shall be issued and used under the supervision of a designated
public authority in each Contracting Party (beneficiary certificate)
accordance with the procedure described in the annexed certificate.
3. the use of the certificate to the carrier is optional.
4. The party receiving this certificate shall approve authorized weighing
the station, which together with the carrier/driver of the goods road
vehicles to fill in the international vehicle weight certificate in accordance with the
the following minimum requirements:
Weighing stations are equipped with certified weights. For dear may
the party receiving the certificate, choose the method and tools that
they deem appropriate. Contracting Parties accepting such certificates shall ensure
the eligibility of the weighing stations, for example, on the basis of the accreditation or
evaluation, the use of appropriate instruments, qualified personnel, documented
quality systems and testing procedures.
The weighing station and their weights shall be maintained in good condition. Scales
shall be regularly verified and sealed by the competent authorities of the
responsible for weights and measures. Scales, their maximum tolerances and
use must comply with the recommendations established by the international organization
for legal metrology (OIML).
Weighing stations are equipped with weights, corresponding to either:
-OIML Recommendation R 76 "means" class.
precision III or higher;
-OIML draft recommendation "Automatic instruments for weighing road
vehicles in motion ", accuracy class 0.5, 1, 2 or higher, which allow you to
the maximum allowed tolerance +-2%, 1% and 0.5% or less.
Higher values may be used in the measurements, the load on the
each axle.
5. in exceptional cases, in particular in the case of a suspected
irregularities or at the request of the carrier/driver of the competent
the road vehicle, the competent authorities may re-weigh the vehicle. In the case of
the weighing station commits several erroneous measurement, control
the authorities in the country of the Contracting Party accepting such certificates shall find
the competent authorities of the country of the weighing station, appropriate measures designed to
to ensure that these mistakes do not recur already.
6. The model certificate may be drawn up in any of the languages of the
the parties receiving the certificate, provided that the adjustment will be retained
the certificate and that the certificate location will not be changed.
7. Any Contracting Party which accepts the certificate, shall publish a list of all
weighing stations in their country authorized in accordance with international
policy, as well as of any change in this list. This list and all
the changes made in it are to be transmitted to the Executive Secretary of the European
the United Nations Economic Commission for Europe (UN/ECE), which is
circulate it to each of the parties and the international organisations referred to in
Annex 7, article 2 of this Convention.
8. (transitional provision) since it is currently only a few of the weighing
stations equipped with weights, which can be used to measure the load on the individual
the axle or axle group, agreed with the party receiving
certificate, during the transitional period, which will expire twelve months after the
the entry into force of this annex, will be sufficient to measure the total
mass of the vehicle in accordance with section 7.3 of the international vehicle weight certificate
the vehicle and the competent national authorities will receive.
Form:
Annex 9
FACILITATION OF BORDER CROSSING PROCEDURES FOR INTERNATIONAL RAIL
TRANSPORT
Article 1
The principles of
1. this annex supplements the provisions of the Convention, has set
the measures, which must be taken in order to facilitate and accelerate the
the procedures for crossing the border for international road transport.
2. the Contracting Parties undertake to cooperate in order to
standardized as far as possible the formalities and requirements relating to documents and
procedures in all areas associated with the transport of goods by rail.
Article 2
The definition of the
"The border (Exchange) station" means a railway station, in which they are
operational or administrative procedures are carried out with the aim to allow the railway
freight traffic crossing the border. This railway station can
located on the border or in its vicinity.
Article 3 of the
Crossing the border officials and other persons involved in the
international railway transport
1. The Contracting Parties shall endeavour, in accordance with their
best practice for all visa applicants facilitated procedures for
visas to locomotive crews, refrigerated wagons, persons
accompanying the cargo shipments and personnel of the border (Exchange)
stations participating in international rail transport.
2. the procedure for crossing the border in the case of the persons referred to in paragraph
1, including official documents confirming their status, shall be
on the basis of bilateral agreements.
3. in the implementation of joint control of crossing of border officers,
Customs and other authorities, who in the performance of their official duties
carry out checks at the border (removable) stations, the State border with
using the documents, which the Contracting Parties shall, for its own
nationals.
Article 4 of the
Requirements for border (Exchange) station
In order to rationalise and speed up the necessary formalities at the border
(removable) stations, the Contracting Parties shall comply with the following minimum requirements
related to the border (removable) stations, which are open to the
international rail freight transport:
1. border (Exchange) station to have buildings (premises), plant, equipment
and technical equipment, which enables them to carry out the checks 24 hours
daily, if this is justified and proportionate to the volume of freight
transport;
2. border (Exchange) station, in which they are carried out by the plant health,
veterinary and other controls, are available the necessary technical
equipment;
3. transport and operational capacity of the border (removable) stations and
the adjacent tracks must be proportional to the volume of traffic;
4. must be available to the inspection facilities and warehouses for temporary
storage of goods, which is subject to customs controls or other forms of
checks;
5. must be available to the equipment, facilities, information technology and
communication systems, which allow the previous exchange of information, including
information on goods approaching the border (removable) stations, which
are contained in the railway consignment note and customs declaration;
6. in the border (removable) stations must be enough available
skilled workers, railway, customs, border and other
authorities, in order to cope with the volume of freight transport;
7. border (Interchange) the station shall have the technical equipment, facilities,
information technology and communication systems to be able to before
arrival of the vehicle at the bounds of adopt and use information
concerning the technical approval and technical checks on the track
the vehicle, which carried out the authorities and the railways under its jurisdiction,
If the Contracting Parties shall be introduced for the purpose of performing these functions, other
the arrangement.
Article 5
Cooperation between neighbouring countries in border stations (Exchange)
In accordance with article 7 of the Convention, the Contracting Parties shall coordinate the measures with
regard to the inspection of rolling stock, containers, semi-trailers for
combined transport and goods, as well as the handling of transport and
the accompanying documents, and shall endeavour to ensure that, on the basis of bilateral agreements
ensure that all forms of joint controls.
Article 6 of the
Checks
The Contracting Parties:
1. establishes a mechanism for the mutual recognition of all forms of control
rolling stock, containers, semi-trailers for combined transport and
the goods, if their objectives are identical;
2. Customs checks in accordance with the principle of selection on the basis of the assessment and
risk management. Generally, if you have been provided with the required
information on the goods and the goods stored in properly closed and sealed
rolling, the container, semi-trailer for combined transport or
the car does not perform the physical examination;
3. be carried out in the border (removable) simplified control stations and
If possible, move to some form of control on the default and
the place of destination;
4. without prejudice to article 10 of the Convention, article 4 of annex 2, article 5
Annex 3 and annex 4, article 5, shall carry out checks on goods in transit
only if this is justified by the specific circumstances or risks.
Article 7
Time limits
1. the Contracting Parties shall ensure compliance with the deadlines set out in the bilateral
agreements for technical operations involving the reception and transmission in trains
border (removable) stations, including all kinds of checks, and
endeavour to shorten these time limits by improving the technology used and the
equipment. The Contracting Parties undertake that, in the coming years
reach maximum shortening of the time limits.
2. the Contracting Parties shall be recorded in the downtime of the trains or carriages of border
(removable) stations and transmit the information to the parties concerned, which
perform analysis and propose measures to reduce downtime.
Article 8 of the
Documentation
1. the Contracting Parties shall ensure that the transport and accompanying documents
duly drawn up in accordance with the legislation of the importing and
the countries of transit.
2. In their mutual relations, the Contracting Parties shall endeavour to limit the
paper documents and to simplify documentary procedures using
electronic systems for the exchange of information relevant to the data
contained in the railway freight and customs declarations
attached to the goods, which have been prepared in accordance with the law
of the Contracting Parties.
3. the Contracting Parties shall endeavour to provide customs authorities in advance
information on the goods coming to the border (removable) stations, how
are contained in the railway consignment note and customs declaration.
Format, the procedure and time limits for the provision of information to the Contracting Parties.
Article 9
The use of a railway consignment note CIM/SMGS
The Contracting Parties may, instead of other transport documents, which are in the
currently laid down in the international conventions, the use of railway
consignment note CIM/SMGS, which can be at the same time a customs document.
