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RS 0.631.122 International Convention of 21 October 1982 on the Harmonization of Frontier Controls of Goods (with annexes)

Original Language Title: RS 0.631.122 Convention internationale du 21 octobre 1982 sur l’harmonisation des contrôles des marchandises aux frontières (avec annexes)

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0.631.122

Original text

International Convention on the Harmonization of Frontier Controls of Goods

Concluded at Geneva on 21 October 1982

Approved by the Federal Assembly on September 17, 1985 1

Instrument of ratification deposited by Switzerland on 21 January 1986

Entry into force for Switzerland on 21 April 1986

(Status on 24 February 2015)

Preamble

The Contracting Parties,

Wishing to improve the international movement of goods,

Considering the need to facilitate the movement of goods across borders,

Noting that control measures are applied at the borders by different control services,

Recognising that the conditions for the exercise of such controls can be broadly harmonised without affecting their purpose, their proper implementation and their effectiveness,

Convinced that the harmonisation of border controls is one of the important means of achieving these objectives,

Agreed to the following:

Chapter I General provisions

Art. 1 Definitions

For the purposes of this Convention:

(a)
By "Customs", The administrative services responsible for the application of customs legislation and the collection of import and export duties and taxes and who are also responsible for the application of other relevant laws and regulations, between Other, import, transit and export of goods;
(b)
By "Customs control", All measures taken to ensure compliance with the laws and regulations that the customs is responsible for enforcing;
(c)
By "Medico-health inspection", An inspection for the protection of life and health of persons, excluding veterinary inspection;
(d)
By "Veterinary inspection", The health inspection carried out on animals and products of animal origin with a view to protecting the life and health of persons and animals, as well as that on articles or goods which can be used as vectors of animal diseases;
(e)
By "Plant health inspection", Inspection to prevent the spread and introduction beyond the national boundaries of enemies of plants and plant products;
(f)
By "Control of compliance with technical standards", The control to verify that the goods meet the minimum international or national standards laid down in the relevant legislation and regulations;
(g)
By "Quality control", Any control other than those mentioned above to verify that the goods correspond to the minimum definitions of quality, international or national, provided for by the relevant legislation and regulations;
(h)
By "Control service", Any service responsible for applying all or part of the above defined controls or any other controls normally applied to the import, export or transit of goods.
Art. 2 Objective

In order to facilitate the international movement of goods, this Convention aims to reduce the requirements for completion of formalities and the number and duration of controls by, inter alia, national coordination and International monitoring procedures and their implementing procedures.

Art. 3 Scope of application

(1) This Convention shall apply to all movements of goods imported, exported or in transit through one or more maritime, air or land borders.

2. This Convention shall apply to all control services of the Contracting Parties.

Chapter II Harmonization of procedures

Art. 4 Coordination of controls

The Contracting Parties undertake to the extent possible to organise, in a harmonised manner, the intervention of customs and other control services.

Art. 5 Means of service

In order to ensure the proper functioning of the monitoring services, the Contracting Parties will ensure that, to the extent possible, and within the framework of national legislation, they are made available to them:

(a)
A sufficient number of qualified personnel given the requirements of the traffic;
(b)
Appropriate control equipment and facilities, taking into account the modes of transport, the goods to be controlled and the traffic requirements;
(c)
Official instructions for the officers of such services to act in accordance with international agreements and arrangements and the national provisions in force.
Art. 6 International cooperation

The Contracting Parties undertake to cooperate with each other and, as appropriate, to seek the cooperation of the relevant international bodies, in order to achieve the goals set out in this Convention and, in addition, to seek, where appropriate, The conclusion of new multilateral or bilateral agreements or arrangements.

Art. 7 Cooperation between neighbouring countries

In the case of a crossing of a common border, the Contracting Parties concerned shall, whenever possible, take appropriate measures to facilitate the movement of goods and, in particular:

(a)
They will endeavour to organise the juxtaposition of goods and documents by establishing common facilities;
(b)
They will endeavour to ensure correspondence:
-
Hours of opening of border crossings,
-
The control services that carry out their activities,
-
Categories of goods, modes of transport and international customs transit systems which may be accepted or used.
Art. 8 Exchange of information

The Contracting Parties shall notify each other, upon request, of the information necessary for the implementation of this Convention in accordance with the conditions set out in the Annexes.

Art. Documents

The Contracting Parties shall endeavour to promote, among themselves and with the relevant international bodies, the use of documents aligned with the United Nations framework formula.

2. The Contracting Parties shall accept documents drawn up by all appropriate technical procedures, provided that the official regulations concerning their wording, authenticity and certification have been complied with and that they are Legible and understandable.

The Contracting Parties shall ensure that the necessary documents are prepared and authenticated in strict accordance with the relevant legislation.

Chapter III Provisions relating to transit

Art. 10 Goods in transit

1. The Contracting Parties shall accord as far as possible simple and rapid processing to goods in transit, in particular those which circulate under the cover of an international customs transit procedure, by limiting itself to Their inspections in cases where the actual circumstances or risks justify them. In addition, they will take into account the situation of landlocked countries. They shall endeavour to provide for an extension of the hours of customs clearance and the competence of existing customs posts, for the clearance of goods moving under the cover of an international customs transit procedure.

2. They shall endeavour to facilitate as far as possible the transit of goods transported in containers or other load units with sufficient security.

Chapter IV Miscellaneous provisions

Art. 11 Public Order

Nothing in this Convention shall preclude the application of prohibitions or restrictions of import, export or transit, imposed for reasons of public order, including public safety, morality Public health, public health, or environmental protection, cultural heritage or industrial, commercial and intellectual property.

2. Nevertheless, whenever possible and without prejudice to the effectiveness of the controls, the Contracting Parties shall endeavour to apply the controls relating to the application of the measures referred to in par. 1 above, the provisions of this Convention, in particular those which are the subject of art. 6 to 9.

Art. 12 Emergency Measures

1. The emergency measures which Contracting Parties may be amended to take due to special circumstances must be proportionate to the causes which motivate them and be suspended or repealed when those grounds disappear.

2. Whenever possible without affecting the effectiveness of the measures, the Contracting Parties shall publish the provisions relating to such measures.

Art. 13 Annexes

The Annexes to this Convention shall form an integral part of the said Convention.

2. New annexes relating to other areas of control may be added to this Convention in accordance with the procedure laid down in Art. 22 or 24 below.

Art. 14 Relations with other treaties

Without prejudice to the provisions of Art. 6, this Convention shall not affect the rights and obligations arising from treaties which Contracting Parties to this Convention have concluded before becoming Contracting Parties to this Convention.

Art. 15

This Convention shall not preclude the application of greater facilities which two or more Contracting Parties wish to accord with each other or to the right of the regional economic integration organizations referred to in Art. 16 who are Contracting Parties to apply their own legislation to controls exercised at their internal borders, provided that they do not in any way diminish the facilities deriving from this Convention.

Art. 16 Signature, ratification, acceptance, approval and accession

(1) This Convention, deposited with the Secretary-General of the United Nations, shall be open to the participation of all States and regional economic integration organizations constituted by sovereign States and having Competence to negotiate, conclude and apply international agreements in the matters covered by this Convention.

2. Regional economic integration organizations referred to in s. 1 may, in respect of matters which fall within their competence, exercise in their own right the rights and fulfil the responsibilities which this Convention confers on their Member States which are Contracting Parties to the present Convention. In such cases, the member States of such organizations shall not be entitled to exercise such rights individually, including the right to vote.

3. The aforementioned States and regional economic integration organizations may become Contracting Parties to this Convention:

(a)
By filing an instrument of ratification, acceptance or approval after having signed it; or
(b)
By depositing an instrument of accession.

4. This Convention shall be open from 1 Er April 1983 to 31 March 1984 inclusive, at the United Nations Office at Geneva, at the signature of all States and regional economic integration organizations referred to in par. 1.

5. From 1 Er April 1984 will also be open for accession.

6. Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.

Art. 17 Entry into force

(1) This Convention shall enter into force three months after the date on which five States have deposited their instruments of ratification, acceptance, approval or accession.

2. After five States have deposited their instruments of ratification, acceptance, approval or accession, this Convention shall enter into force, for all new Contracting Parties, three months after the date of the deposit of their Instrument of ratification, acceptance, approval or accession.

3. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to this Convention shall be considered as applying to the amended text of this Convention.

4. Any such instrument deposited after the acceptance of an amendment, in accordance with the procedure of Art. 22, but before its entry into force, shall be considered as applying to the amended text of this Convention on the date of entry into force of the amendment.

Art. 18 Denunciation

1. Any Contracting Party may denounce this Convention by notification addressed to the Secretary-General of the United Nations.

(2) The denunciation shall take effect six months after the date on which the Secretary-General has received such notification.

Art. 19 Extinction

If, after the entry into force of this Convention, the number of States which are Contracting Parties shall be reduced to less than five for any period of twelve consecutive months, this Convention shall cease to have effect at From the end of the twelve-month period.

Art. Dispute Settlement

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, as far as possible, be settled by negotiation between the Parties in dispute or in any other way.

2. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention which cannot be settled in the manner provided for in para. 1 of this Article shall be submitted, at the request of one of them, to a arbitral tribunal composed as follows: each of the parties to the dispute shall appoint an arbitrator and these arbitrators shall appoint another arbitrator who will be the presiding arbitrator. If, three months after receiving a request, one of the parties has not appointed an arbitrator, or if the arbitrators have not been able to choose a chairperson, any of those parties may request the Secretary-General of the United Nations Proceed with the appointment of the arbitrator or the chairperson of the arbitral tribunal.

The decision of the arbitral tribunal constituted in accordance with the provisions of s. 2 will be final and binding on the parties to the dispute.

4. The arbitral tribunal shall adopt its own rules of procedure.

5. The arbitral tribunal shall take its decisions by a majority and on the basis of the treaties between the parties to the dispute and the general rules of international law.

6. Any controversy that may arise between the parties to the dispute concerning the interpretation or enforcement of the arbitral award may be brought by one of the parties before the arbitral tribunal which has made the award for trial By him.

7. Each party to the dispute shall bear the costs of its own arbitrator and its representatives in the arbitral proceedings; the costs relating to the chairmanship and the other costs shall be borne by the parties to the dispute in equal parts.

Art. Reservations

(1) Any Contracting Party may, at the time of signing, ratifying, accepting, approving or acceding to this Convention, declare that it does not consider itself bound by s. 2 to 7 of the art. 20 of this Convention. The other Contracting Parties shall not be bound by those paragraphs with respect to any Contracting Party which has made such a reservation.

(2) Any Contracting Party which has made a reservation in accordance with par. 1 of this article may at any time withdraw this reservation by notification addressed to the Secretary-General of the United Nations.

3. Except for the reservations provided for in par. 1 of this Article, no reservation to this Convention shall be permitted.

Art. Procedure for amendment of this Convention

(1) This Convention, including its Annexes, may be amended on the proposal of a Contracting Party following the procedure provided for in this Article.

2. Any amendment proposed to this Convention shall be considered by a Management Committee composed of all Contracting Parties in accordance with the rules of procedure set out in Annex 7. Any such amendment considered or prepared during the meeting of the Management Committee and adopted by the Committee shall be communicated by the Secretary-General of the United Nations to the Contracting Parties for acceptance.

3. Any proposed amendment communicated pursuant to the provisions of the preceding paragraph shall enter into force for all Contracting Parties three months after the expiration of a period of twelve months following the date on which the communication is Been made if, during that period, no objection to the proposed amendment was notified to the Secretary-General of the United Nations by a State which is a Contracting Party or by a regional economic integration organization, Contracting Party, which then acts under the conditions set out in par. 2 of the art. 16 of this Convention.

4. If an objection to the proposed amendment has been notified in accordance with the provisions of s. 3 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect.

Art. Applications, Communications and Objections

The Secretary-General of the United Nations shall inform all Contracting Parties and States of any request, communication or objection made under Art. 22 and the date of entry into force of an amendment.

Art. 24 Review Conference

After the present Convention has been in force for five years, any Contracting Party may, by notification addressed to the Secretary-General of the United Nations, request the convening of a conference to revise the Present Convention, indicating the proposals to be considered at that Conference. In such cases:

(i)
The Secretary-General of the United Nations shall notify all Contracting Parties of this request and invite them to submit, within a period of three months, the comments made by them, as well as the Other proposals that they would like to see examined by the conference;
(ii)
The Secretary-General of the United Nations shall likewise communicate to all Contracting Parties the text of any other proposals and shall convene a Review Conference if, within six months from the date of such Communication, at least one third of the Contracting Parties shall notify it of their consent to the invitation;
(iii)
However, if the Secretary-General of the United Nations considers that a proposal for revision is deemed to be an amendment within the meaning of s. 1 of the art. 22, it may, with the agreement of the Contracting Party that made the proposal, implement the amendment procedure provided for in Art. 22 instead of the revision procedure.
Art. 25 Notifications

In addition to the notifications and communications provided for in Art. 23 and 24, the Secretary-General of the United Nations shall notify all States:

(a)
Signatures, ratifications, acceptances, approvals and accessions under s. 16;
(b)
The dates of entry into force of this Convention in accordance with Art. 17;
(c)
Denunciations under s. 18;
(d)
The termination of this Convention under Art. 19;
(e)
Reservations made under Art. 21.
Art. 26 Certified copies

After 31 March 1984, the Secretary-General of the United Nations shall transmit two certified copies of this Convention to each of the Contracting Parties and to all States which are not Contracting Parties.

In witness whereof, The undersigned plenipotentiaries, duly authorized to that effect, have signed this Convention.

Done at Geneva, on 21 October 1982, in a single original, of which the English, French, Russian and Spanish texts are equally authentic.

(Suivent signatures)

Annex 1

Harmonisation of customs controls and other controls

Art. 1 Principles

In view of the presence of customs at all borders and the general nature of its intervention, the other controls are, to the extent possible, organised in a harmonised manner with customs controls.

2. In accordance with this principle, it is possible, where appropriate, to carry out all or part of these checks elsewhere than at the border, provided that the procedures used help facilitate the international movement of goods.

Art. 2

Customs will be kept exactly informed of the legal or regulatory requirements which may lead to the intervention of non-customs controls.

2. Where other controls are deemed necessary, customs will ensure that the services concerned are notified and will cooperate with them.

Art. 3 Organization of controls

1. Where several checks are to be carried out in one place, the competent services shall take all necessary steps to carry out such checks if possible at least once with the minimum time limit. They will endeavour to coordinate their documentation and information requirements.

In particular, the competent services shall take all necessary steps to ensure that the necessary staff and facilities are available at the place where the checks are carried out.

The customs may, by express delegation of the competent services, carry out for their account all or part of the checks carried out by these services. In this case, these services will ensure that customs are provided with the necessary means.

Art. 4 Result of controls

For all aspects covered by this Convention, the control and customs authorities shall exchange all relevant information as soon as possible in order to ensure the effectiveness of the controls.

2. On the basis of the results of the checks carried out, the competent service will decide the fate which it intends to reserve for the goods, and it will so inform if necessary the services responsible for the other controls. On the basis of that decision, the customs duty will be assigned to the goods.


Annex 2

Medical-health inspection

Art. 1 Principles

The medical-health inspection shall be carried out, irrespective of where it is carried out, in accordance with the principles laid down in this Convention and in particular its Annex 1.

Art. 2 Information

Each Contracting Party shall ensure that information on the following points can be readily obtained by any interested person:

-
Goods subject to a medical-health inspection,
-
The premises where the goods in issue may be presented to the inspection,
-
The legal and regulatory requirements for medical inspection and their general application procedures.
Art. 3 Organization of controls

1. The control services will ensure that the necessary facilities are available at the border points open to the medical-health inspection.

2. The medical-health inspection may also be carried out at points within the country if it is shown, by reason of the justifications produced and the transport techniques employed, that the goods cannot alter or give Contamination during transport.

3. Within the framework of the conventions in force, the Contracting Parties shall endeavour to reduce as far as possible the physical controls of perishable goods en route.

4. Where the goods are to be stored pending the results of the medical-health inspection, the competent control services of the Contracting Parties shall take the necessary steps to ensure that this deposit is carried out under conditions Allowing the preservation of the goods and with the minimum of customs formalities.

Art. 4 Goods in transit

Within the framework of the conventions in force, the Contracting Parties will waive as much as possible the medico-sanitary inspection of the goods in transit provided that there is no risk of contamination.

Art. 5 Cooperation

1. Medical and health inspection services will cooperate with counterparts in other Contracting Parties in order to expedite the passage of perishable goods subject to medical and health inspection, in particular through exchange Useful information.

2. When a shipment of perishable goods is intercepted during the medical-health inspection, the responsible service will endeavour to inform the counterpart service of the country of export within the shortest possible time, indicating the reasons for the shipment. The interception and action taken with respect to the goods.


Annex 3

Veterinary Inspection

Art. 1 Principles

The veterinary inspection shall be carried out, irrespective of where it is carried out, in accordance with the principles laid down in this Convention and in particular its Annex 1.

Art. 2 Definitions

The veterinary inspection defined in para. (d) Article 1 of this Convention shall also extend to the inspection of the means and conditions of carriage of animals and animal products. It may also include inspections of various quality, standards and regulations, such as those for the conservation of endangered species which, for reasons of efficiency, are often associated with Veterinary inspection.

Art. 3 Information

Each Contracting Party shall ensure that information on the following points can be readily obtained by any interested person:

-
Goods subject to a veterinary inspection,
-
The premises where the goods may be presented for inspection,
-
Diseases for which reporting is mandatory;
-
The legal and regulatory requirements for veterinary inspection and their general application procedures.
Art. 4 Organization of controls

The Contracting Parties shall endeavour to:

-
Establish, as necessary and where possible, appropriate facilities for veterinary inspection, corresponding to the requirements of the traffic,
-
Facilitate the movement of goods, in particular by coordinating the working hours of the veterinary services and customs services, and the acceptance of the execution of formalities outside normal working hours, when the arrival of the Goods was previously announced.

2. The inspection of animal products may also be carried out at points within the country in so far as, because of the justifications produced and the means of transport used, the products cannot alter or give rise to Contamination during transport.

3. Within the framework of the conventions in force, the Contracting Parties shall endeavour to reduce as far as possible the physical controls of perishable goods en route.

4. Where the goods are to be stored pending the results of the veterinary inspection, the competent control services of the Contracting Parties will take the necessary steps to ensure that this deposit is carried out with the minimum of formalities Customs, under conditions permitting the safety of quarantine and the conservation of the goods.

Art. 5 Goods in transit

Within the framework of the conventions in force, the Contracting Parties will waive as much as possible the veterinary inspection of the animal products in transit provided that there is no risk of contamination.

Art. 6 Cooperation

1. Veterinary inspection services will cooperate with counterparts in other Contracting Parties in order to speed up the movement of goods subject to veterinary inspection, in particular through the exchange of useful information.

2. When a shipment of perishable goods or live animals is intercepted during the veterinary inspection, the responsible service shall endeavour to inform the counterpart service of the country of export within the shortest possible time, indicating The reasons for the interception and the measures taken with regard to the goods.


Annex 4

Phytosanitary Inspection

Art. 1 Principles

Phytosanitary inspection shall be carried out, irrespective of where it is carried out, in accordance with the principles laid down in this Convention and in particular its Annex 1.

Art. 2 Definitions

Phytosanitary inspection as defined in para. (e) Article 1 of this Convention shall also extend to the inspection of the means and conditions of transport of plants and plant products. It may also include the measure for the conservation of endangered plant species.

Art. 3 Information

Each Contracting Party shall ensure that information on the following points can be readily obtained by any interested person:

-
Goods subject to special phytosanitary conditions,
-
Places where certain plants and plant products may be inspected,
-
The list of enemies of plants and plant products for which prohibitions or restrictions are in effect,
-
The legal and regulatory requirements for plant health inspection and their general application procedures.
Art. 4 Organization of controls

The Contracting Parties shall endeavour to:

-
Establish, as appropriate and where possible, appropriate facilities for plant inspection, storage, disinfestation and disinfection, corresponding to the requirements of the traffic,
-
Facilitate the movement of goods, in particular by coordinating the working hours of phytosanitary services and customs services, and the acceptance of enforcement, outside normal working hours, of formalities for the Perishable goods, when the arrival of perishable goods was previously announced.

2. Plant inspections of plants and plant products may also be carried out at points within the country, provided that, because of the justifications produced and the means of transport used, the goods do not May give rise to infestation during transport.

3. Within the framework of the conventions in force, the Contracting Parties shall endeavour to reduce as far as possible the physical controls of perishable plants and plant products along the way.

4. Where the goods are to be stored pending the results of the phytosanitary inspection, the competent control services of the Contracting Parties will take the necessary steps to ensure that this deposit is carried out with the minimum of formalities Customs, under conditions permitting the safety of quarantine and the conservation of the goods.

Art. 5 Goods in transit

Within the framework of the conventions in force, Contracting Parties shall waive as much as possible the phytosanitary inspection of goods in transit, unless this measure is necessary for the protection of their own plants.

Art. 6 Cooperation

Plant health services will cooperate with counterparts in other Contracting Parties in order to speed up the movement of plants and plant products subject to plant health inspection, in particular through the exchange of useful information.

2. When a consignment of plants or plant products is intercepted during the phytosanitary inspection, the responsible service shall endeavour to inform the counterpart service of the country of export within the shortest time limits, indicating the reasons The interception and the measures taken with regard to the goods.


Annex 5

Monitoring compliance with technical standards

Art. 1 Principles

The control of compliance with the technical standards relating to the goods covered by this Convention shall apply, irrespective of where it is exercised, in accordance with the principles laid down in this Convention and in particular its Annex 1.

Art. 2 Information

Each Contracting Party shall ensure that information on the following points can be readily obtained by any interested person:

-
The standards it applies,
-
The premises where the goods may be presented for inspection,
-
The legal and regulatory requirements for monitoring compliance with technical standards, as well as their general application procedures.
Art. 3 Harmonization of standards

In the absence of international standards, Contracting Parties applying national standards will endeavour to harmonize them by international agreements.

Art. 4 Organization of controls

The Contracting Parties shall endeavour to:

-
Establish, as necessary and where possible, compliance checkpoints with the technical standards corresponding to the traffic requirements,
-
Facilitate the movement of goods, in particular by coordinating the working hours of the service responsible for monitoring compliance with technical standards and customs services, and acceptance of execution, outside of working hours Procedures for perishable goods, when the arrival of perishable goods has been announced in advance.

2. Control of compliance with technical standards may also be carried out at points within the country, provided that, due to the justifications produced and the means of transport used, the goods and, in particular, Perishable products cannot be altered during transport.

3. Within the framework of the conventions in force, the Contracting Parties shall endeavour to reduce as far as possible the physical controls, on the road, of perishable goods subject to the control of conformity with technical standards.

4. The Contracting Parties shall organise the monitoring of compliance with the technical standards by harmonising, wherever possible, the respective procedures of the service responsible for these controls and, where appropriate, the competent services For other controls and inspections.

5. In the case of perishable goods held pending the results of the inspection of compliance with the technical standards, the competent control services of the Contracting Parties shall ensure that the storage of the goods or the Parking of transport equipment shall be carried out with the minimum of customs formalities, under conditions permitting the retention of the goods.

Art. 5 Goods in transit

The control of compliance with technical standards does not normally apply to goods in direct transit.

Art. 6 Cooperation

1. The services responsible for monitoring compliance with technical standards will cooperate with counterparts in other Contracting Parties in order to expedite the passage of perishable goods subject to compliance with the standards In particular through the exchange of useful information.

2. When a shipment of perishable goods is intercepted during the inspection of compliance with technical standards, the responsible service shall endeavour to inform the counterpart service of the country of export within the shortest possible time, indicating The reasons for the interception and the measures taken with regard to the goods.


Annex 6

Quality Control

Art. 1 Principles

The quality control of the goods covered by this Convention shall apply, irrespective of where it is exercised, in accordance with the principles laid down in this Convention and in particular its Annex 1.

Art. 2 Information

Each Contracting Party shall ensure that information on the following points can be readily obtained by any interested person:

-
The premises where the goods may be presented for inspection,
-
The legal and regulatory requirements for quality control, as well as their general application procedures.
Art. 3 Organization of controls

The Contracting Parties shall endeavour to:

-
To establish, as necessary and where possible, quality control posts, corresponding to traffic requirements,
-
Facilitate the movement of goods, in particular through the coordination of the working hours of the service responsible for quality control and customs services, and the acceptance of enforcement, outside normal working hours, of formalities for Perishable goods, when the arrival of the goods was previously announced.

2. Quality control may also be carried out at points within the country provided that the procedures used help facilitate the international movement of goods.

3. Within the framework of the conventions in force, the Contracting Parties shall endeavour to reduce as far as possible the physical controls, on the road, of perishable goods subject to quality control.

4. The Contracting Parties shall organise quality control by harmonising, wherever possible, the respective procedures of the service responsible for such controls and, where appropriate, the competent services for the other controls And inspections.

Art. 4 Goods in transit

Quality controls do not normally apply to goods in direct transit.

Art. 5 Cooperation

1. Quality control services will cooperate with counterparts in other Contracting Parties in order to speed up the passage of perishable goods subject to quality control, in particular through the exchange of useful information.

2. When a shipment of perishable goods is intercepted during quality control, the responsible service shall endeavour to inform the counterpart service of the country of export within the shortest possible time, indicating the reasons for the The interception and action taken with respect to the goods.


Annex 7

Rules of Procedure of the Management Committee referred to in s. 22 of this Convention

Art. 1 Members

The members of the Management Committee shall be the Contracting Parties to this Convention.

Art. 2 Observers

The Administrative Committee may decide to invite the competent authorities of the States which are not Contracting Parties, or representatives of international organizations which are not Contracting Parties, to the questions which Interested in attending its sessions as observers.

2. However, without prejudice to Article 1, the international organizations referred to in s. 1, competent in respect of matters dealt with in the annexes to this Convention, shall participate in the work of the Management Committee as observers.

Art. 3 Secretariat

The secretariat of the Committee is provided by the Executive Secretary of the Economic Commission for Europe.

Art. 4 Convocations

The Executive Secretary of the Economic Commission for Europe shall convene the Committee:

(i)
Two years after the entry into force of the Convention;
(ii)
Thereafter, on a date fixed by the Committee, but at least every five years;
(iii)
At the request of the competent administrations of at least five States which are Contracting Parties.
Art. 5 Office

The Committee shall elect a Chairman and a Vice-Chairperson for each of its sessions.

Art. 6 Quorum

A quorum of at least one-third of the States which are Contracting Parties is necessary for rendering decisions.

Art. 7 Decisions
(i)
The proposals shall be put to the vote.
(ii)
Each State which is a Contracting Party, represented at the session, shall have one vote.
(iii)
In the case of application of s. 2 of the art. 16 of the Convention, regional economic integration organizations Parties to the Convention shall have in the event of a vote only a number of votes equal to the total number of votes attributable to their member States also Parties to the Convention. In the latter case, these Member States do not exercise their right to vote.
(iv)
Subject to the provisions of para. (v) below, the proposals shall be adopted by a simple majority of the members present and voting according to the conditions laid down in paras. Ii) and iii) above.
(v)
Amendments to this Convention shall be adopted by a two-thirds majority of the members present and voting according to the conditions laid down in paras. Ii) and iii) above.
Art. 8 Report

The Committee adopted its report before the close of its session.

Art. Additional provisions

In the absence of any relevant provisions in this Annex, the rules of procedure of the Economic Commission for Europe shall apply, unless the Committee decides otherwise.


Annex 8 1

Facilitation of border crossing in international road transport

Art. 1 Principles

In addition to the provisions of the Convention, and in particular those laid down in Annex 1, the purpose of this Annex is to define the measures to be taken to facilitate border crossing formalities in transport International road.

Art. 2 Facilitation of visa issuing procedures for professional drivers

The Contracting Parties should endeavour to facilitate the formalities for issuing visas to professional drivers participating in international road transport, in accordance with the best national practices applicable to All visa applicants and national immigration regulations, as well as international commitments.

2. The Contracting Parties agree to regularly exchange information on best practices concerning the facilitation of procedures for issuing visas to professional drivers.

Art. 3 International Road Transport Operations

1. In order to facilitate the international carriage of goods, Contracting Parties shall regularly inform all parties involved in this type of transport, in a harmonised and coordinated manner, of the formalities in force or foreseen Borders for international road transport operations, as well as on the actual state of the situation at the borders.

2. Contracting Parties shall endeavour to make all necessary formalities, to the extent possible and not only for transit traffic, to the places of origin and destination of the goods transported by road, To reduce congestion at border crossing points.

3. In particular, s. 7 of this Convention, priority shall be given to urgent shipments, such as live animals and perishable foodstuffs. In particular, the relevant services at border crossing points should:

(i)
Take the necessary measures to minimise the waiting times for ATP vehicles carrying perishable foodstuffs or vehicles carrying live animals, between the time of arrival at the border and the time when they are submitted Regulatory, administrative, customs and health controls;
(ii)
Ensure that the required regulatory controls referred to in para. (i) above be carried out as quickly as possible;
(iii)
Authorise, as far as possible, the operation of the necessary refrigeration systems on vehicles carrying perishable foodstuffs during the crossing of the border, unless this is not possible because of the Required control procedures;
(iv)
Cooperate, in particular through the prior exchange of information, with their counterparts in other Contracting Parties, in order to speed up border crossing formalities for perishable foodstuffs and live animals where these Shipments must be subject to health checks.
Art. 4 Technical Vehicle Control

1. Contracting Parties which are not yet Parties to the Agreement on the Adoption of Uniform Conditions for Periodical Technical Monitoring of Wheeled Vehicles and the Reciprocal Recognition of Controls (1997) should Endeavour, in accordance with relevant national and international laws and regulations, to facilitate the crossing of borders to road vehicles by accepting the International Certificate of Technical Control as provided for in the Agreement Above. A model of a technical inspection certificate in accordance with the Agreement at 1 Er January 2004 is reproduced at Appendix 1 Of this Annex.

2. In order to identify ATP vehicles carrying perishable foodstuffs, Contracting Parties may use the identification marks affixed to the equipment in question and the ATP certificate or certification plate provided for in the The Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (1970).

Art. 5 International Vehicle Weight Certificate

1. In order to speed up border crossings, Contracting Parties, in accordance with applicable national and international laws and regulations, should endeavour to avoid the repeated weighing of vehicles at the crossing points. Acceptance and mutual recognition of the International Vehicle Weighing Certificate as presented to Appendix 2 Of this Annex. In the event that the Contracting Parties accept this certificate, no other weighing of the vehicle shall be carried out except for the purpose of sampling inspection or control in the event of suspected irregularity. The weight measures of the vehicle whose result is recorded in these certificates must be carried out only in the country of origin of the international transport operation. These results must be duly registered and certified in these certificates.

(2) Each Contracting Party accepting the International Certificate of Vehicle Weighing shall publish the list of all weighing stations approved in accordance with the international principles existing in its country, as well as any modification thereof. This list and the amendments to it shall be transmitted to the Executive Secretary of the United Nations Economic Commission for Europe for distribution to each Contracting Party and to the international organizations referred to in Art. 2 of Annex 7 to this Convention.

3. The minimum requirements for certified weighing stations, the principles for the granting of their approval, the main elements of the weighing methods to be applied shall be set out in Appendix 2 Of this Annex.

Art. 6 Border crossing points

In order to simplify and speed up the formalities prescribed at border crossing points, the Contracting Parties must ensure that, as far as possible, the following minimum requirements are met for border crossing points Open to international carriage of goods:

(i)
Provide for facilities to carry out common controls between neighbouring states (single-stop system), 24 hours a day, to the extent that commercial requirements justify it and in compliance with the rules of traffic Road;
(ii)
Establish separate traffic lanes, depending on the type of transport, on both sides of the border, in order to give priority to vehicles having a valid international customs transit title or carrying live animals, or Perishable goods;
(iii)
Provide for discontinuation zones for unannounced loads and vehicle controls;
(iv)
Development of appropriate parking lots and terminals;
(v)
Make available to drivers suitable sanitary facilities, meeting places and means of telecommunication;
(vi)
Encourage the installation of freight forwarders at crossing points, equipped with the necessary facilities and providing services to carriers at competitive prices.
Art. 7 Periodic reports

With respect to the implementation of s. 1 to 6 of this annex, the Executive Secretary of the United Nations Economic Commission for Europe conducts a survey every two years with the Contracting Parties on the progress made in improving the effectiveness of the Border crossing procedures in their country.



1 Introduced by the mod. In force for Switzerland since 20 May 2008 ( RO 2008 4847 ).

Appendix 1 to Annex 8 to the Convention

International Technical Control Certificate 1

In accordance with the Agreement on the Adoption of Uniform Conditions for the Periodic Technical Control of Wheeled Vehicles and the Reciprocal Recognition of the 1997 Controls, entered into force on 27 January 2001

1.
It is the responsibility of the approved technical control centres to carry out the tests of control, to issue the certificate of conformity with the requirements of the relevant Rules (s) annexed to the Vienna Agreement of 1997 applicable to control and To specify in item n O 12.5 of the International Certificate of Technical Control, of which the model is reproduced below, the deadline for the next inspection to be carried out.
2.
The International Technical Inspection Certificate must contain the information provided below. It can be in the form of a A6 (148 × 105 mm) booklet, with a green and internal white pages, or a sheet of green or white paper size A4 (210 × 297 mm) folded in A6 in such a way that the section where Appears the distinctive sign of the country or the emblem of the United Nations forms the top of the folded certificate.
3.
The headings of the certificate must be completed in the official language of the issuing Contracting Party, maintaining the numbering.
4.
The minutes of technical control used by Contracting Parties to the Agreement may also be accepted. A model of these minutes shall be communicated to the Secretary-General of the United Nations for the information of the Contracting Parties.
5.
The competent authorities are the only competent authority to carry handwritten, typed or computerised indications, in Latin characters, on the International Certificate of Technical Control.

Model International Technical Control Certificate

Space reserved for the distinctive sign of the United Nations country or emblem

(Administrative authority responsible for technical control)

2

INTERNATIONAL TECHNICAL CONTROL CERTIFICATE 3

International Technical Control Certificate

1.

Registration plate (n O Registration)

2.

Vehicle Serial No

3.

First registration after construction (State, authority) 4

4.

Date of first registration after construction

5.

Date of Technical Control

Certificate of Compliance

6.

This certificate shall be issued for the vehicle designated under headings n Bone 1 and 2 which, as of the date indicated in item n O 5, is deemed to be in conformity with the Rules annexed to the 1997 Agreement concerning the adoption of uniform conditions for the periodic technical inspection of wheeled vehicles and the reciprocal recognition of controls.

7.

The vehicle shall be subject to its next technical control according to the Rules referred to in heading No. O 6, at the latest on:

Date (month/year)

8.

Issued By

9.

A (location)

10.

Date

11.

Signature 5

12.

Technical Inspection (s) Subsequent Periodical (s) 6

12.1

Performed by (Technical Control Center) 7

12.2

(Cachet)

12.3

Date

12.4

Signature

12.5

Next control to be carried out by: date (month/year)


1 Version to 1 Er Jan 2004.
2 Title "INTERNATIONAL TECHNICAL CONTROL CERTIFICATE", in the official language of the country.
3 Title in French.
4 If possible, the authority and the State having authorised the first registration of the vehicle after construction.
5 Seal or stamp of the authority issuing the certificate.
6 Re-reply to topics n Bone 12.1 to 12.5 in the following boxes if the certificate is reused for subsequent annual periodic inspection.
7 The name, address and country of the Technical Control Centre approved by the competent authority.


Status February 24, 2015

Appendix 2 to Annex 8 to the Convention

International Vehicle Weight Certificate

Annex to the International Vehicle Weighing Certificate (IPPC)

Facilitation of border crossing in the international carriage of goods by rail

Art. 1 Principles

The purpose of this Annex, which supplements the provisions of the Convention, is to define the measures to be taken in order to facilitate and speed up border crossing formalities in the carriage of goods by rail.

2. The Contracting Parties undertake to cooperate with a view to standardising as far as possible the formalities and requirements concerning documents and procedures in all fields relating to the carriage of goods by rail.

Art. 2 Definitions

"Border station (exchange)" means a railway station where operational or administrative procedures are carried out to enable rail freight to cross the border. This railway station may be located at or near the border.

Art. 3 Border crossing by agents and other persons involved in international rail transport

1. The Contracting Parties shall endeavour to facilitate the formalities relating to the issuing of visas to train drivers, to those of refrigerated units, to persons accompanying a shipment and to officials at the border stations (exchange) participating in international rail transport, in accordance with the best national practices applicable to all visa applicants.

2. The procedures for crossing the borders by the persons referred to in s. 1 of this Article, including in respect of official documents confirming the status of such persons, shall be established on the basis of bilateral agreements.

3. During joint control operations, border guards, customs officers and other bodies exercising control functions at border (exchange) stations, in the performance of their duties, cross The State border using documents drawn up by the Contracting Parties for their nationals.

Art. 4 Requirements for border (exchange) stations

In order to streamline and speed up the formalities at the (exchange) border stations, the Contracting Parties must meet the following minimum requirements for open border (exchange) stations for international transport Of goods by rail:

(i)
Border (exchange) stations are equipped with buildings (of premises), equipment, facilities and technical means which allow inspections to be carried out every day and twenty-four hours, if the volume of traffic of Goods justifies it;
(ii)
Border (exchange) stations in which phytosanitary, veterinary and other controls are carried out are equipped with the necessary technical means;
(iii)
The reception and flow capacity of border (exchange) stations and adjacent channels must correspond to the volume of freight traffic;
(iv)
Inspection areas should be provided, as well as facilities for the temporary storage of goods subject to customs controls or other controls;
(v)
Equipment, installations, computer systems and means of telecommunication must be provided for in order to permit the prior exchange of information, including those relating to goods arriving at a border station (exchange), and Corresponding to the particulars mentioned in the railway car letters and customs declarations;
(vi)
Qualified personnel of the railways, customs services, border surveillance service and other competent bodies must be available at the (exchange) border stations, in sufficient numbers given the volume of traffic Goods concerned;
(vii)
Border (exchange) stations are equipped with equipment, installations, computer systems and means of telecommunication allowing, before the arrival of rolling stock at the border, to receive and use the data relating to the authorisation Technical and technical inspections of rolling stock carried out by the authorities and the railways within the framework of their respective powers, unless the Contracting Parties implement other arrangements in view To perform these functions.
Art. 5 Cooperation between neighbouring countries in border stations (exchange)

In accordance with the provisions of Art. 7 of the Convention, the Contracting Parties shall coordinate the measures to be taken for the inspection of rolling stock, containers, tractor-capable semi-trailers and transported goods, as well as for the processing of documents Transport and accompanying documents and endeavour to put in place all forms of joint inspections on the basis of bilateral agreements.

Art. 6 Controls

The Contracting Parties shall:

(i)
Establish a mechanism for mutual recognition of controls of all types relating to rolling stock, containers, tractor-ready semi-trailers, and goods, provided that their objectives coincide;
(ii)
Carry out customs controls on the basis of a selection based on analysis and risk management; as a general rule, if the required information is provided for the goods, and if the goods are in a Unit of rolling stock, in a container, in a tractor-trailer or in a car, closed and sealed as appropriate, a physical examination is not carried out;
(iii)
Simplify controls at border (exchange) stations and carry out, as far as possible, certain types of checks at departure and destination stations;
(iv)
Without prejudice to the provisions of Art. 10 of the Convention, of Art. 4 of Annex 2, Art. 5 of Schedule 3 and of s. 5 of Annex 4, carry out an inspection of goods in transit only in cases where the goods are justified in the light of a situation or a specific risk.
Art. 7 Delays

Contracting Parties shall ensure compliance with the time limits established by bilateral agreements for the performance of technical operations related to the reception and delivery of trains at border (exchange) stations, including different And seek to reduce these delays by improving the equipment and technologies used. The Contracting Parties undertake to minimize delays in the coming years.

2. Contracting Parties record the delays of trains or wagons at border (exchange) stations and communicate this information to the parties concerned, who then analyse them and propose measures to reduce the Delays.

Art. 8 Documents

Contracting Parties shall ensure that transport documents and accompanying documents are prepared in accordance with the laws and regulations of the importing and transit countries.

2. In their relations, the Contracting Parties shall endeavour to reduce the use of paper documents and to simplify documentation procedures, using electronic systems for the exchange of information In the letters of railway car and the customs declarations accompanying the goods, established in accordance with their respective laws.

(3) The Contracting Parties shall endeavour to communicate in advance to the customs authorities the information relating to the goods sent to the border stations (exchange), contained in the railway car letters and declarations Customs. The format, terms and time limits for the provision of such information shall be determined by the Contracting Parties.

Art. Use of the Rail Car Letter CIM/SMGS

Contracting Parties may, instead of the transport documents currently provided for in international treaties, use the CIM/SMGS rail consignment note, which could also be a customs document.



1 Introduced by the mod. In force for Switzerland since 30 Nov 2011 ( RO 2011 5049 ).

Scope of application February 24, 2015 2

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Entry into force

South Africa *

24 February

1987 A

24 May

1987

Albania

28 December

2004 A

28 March

2005

Germany

12 June

1987

12 September

1987

Armenia

8 December

1993 A

8 March

1994

Austria

July 22

1987 A

22 October

1987

Azerbaijan

8 May

2000 A

8 August

2000

Belarus

5 April

1993 A

July 5

1993

Belgium

12 June

1987

12 September

1987

Bosnia and Herzegovina

1 Er September

1993 S

6 March

1992

Bulgaria

February 27

1998 A

27 May

1998

Cyprus *

1 Er July

2002 A

1 Er October

2002

Croatia

20 May

1994 S

15 October

1985

Cuba *

15 April

1992 A

July 15

1992

Denmark

12 June

1987

12 September

1987

Spain

July 2

1984 A

15 October

1985

Estonia

March 4

1996 A

4 June

1996

Finland

8 August

1985 A

8 November

1985

France

12 June

1987

12 September

1987

Georgia

2 June

1999 A

2 September

1999

Greece

12 June

1987

12 September

1987

Hungary *

26 January

1984

15 October

1985

Iran *

18 May

2010 A

August 18

2010

Ireland

12 June

1987

12 September

1987

Italy

12 June

1987

12 September

1987

Jordan

13 November

2008 A

13 February

2009

Kazakhstan

25 January

2005 A

April 25

2005

Kyrgyzstan

2 April

1998 A

July 2

1998

Laos

29 September

2008 A

29 December

2008

Lesotho

30 March

1988 A

30 June

1988

Latvia

18 December

2003 A

18 March

2004

Liberia

16 September

2005 A

16 December

2005

Lithuania

7 December

1995 A

7 March

1996

Luxembourg

12 June

1987

12 September

1987

Macedonia

20 December

1999 S

17 November

1991

Morocco

September 25

2012 A

25 December

2012

Moldova

3 December

2008 A

3 March

2009

Mongolia

2 November

2007 A

2 February

2008

Montenegro

23 October

2006 S

3 June

2006

Norway

10 July

1985 A

15 October

1985

Uzbekistan

27 November

1996 A

February 27

1997

Netherlands a

12 June

1987

12 September

1987

Aruba

12 June

1987

12 September

1987

Curaçao

12 June

1987

12 September

1987

Caribbean (Bonaire, Sint Eustatius and Saba)

12 June

1987

12 September

1987

Sint Maarten

12 June

1987

12 September

1987

Poland

6 December

1996 A

6 March

1997

Portugal

10 November

1987 A

10 February

1988

Czech Republic

September 30

1993 S

1 Er January

1993

Romania

10 November

2000 A

10 February

2001

United Kingdom

12 June

1987

12 September

1987

Gibraltar

12 June

1987

12 September

1987

Guernsey

12 June

1987

12 September

1987

Isle of Man

12 June

1987

12 September

1987

Jersey

12 June

1987

12 September

1987

Montserrat

12 June

1987

12 September

1987

St. Helena and Dependencies (Ascension and Tristan da Cunha)

12 June

1987

12 September

1987

Russia *

28 January

1986 S

28 April

1986

Serbia

12 March

2001 S

April 27

1992

Slovakia

28 May

1993 S

1 Er January

1993

Slovenia

July 6

1992 S

25 June

1991

Sweden

July 15

1985 A

15 October

1985

Switzerland *

21 January

1986

April 21

1986

Tajikistan

28 December

2011 A

28 March

2012

Tunisia

March 11

2009 A

11 June

2009

Turkey *

21 March

2006 A

21 June

2006

Ukraine

12 September

2003 A

12 December

2003

European Union

12 June

1987

12 September

1987

*
Reservations and declarations.
Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.
A
For the Kingdom in Europe.

Reservations and declarations

Switzerland

The Convention also applies to the Principality of Liechtenstein for as long as it remains linked to Switzerland by a customs union treaty 3 .


RO 1986 764; FF 1985 I 1193


1 RO 1986 763
2 RO 1986 764, 1987 1016, 1989 314, 2004 3609, 2007 1405, 2009 7105, 2012 4383, 2015 759. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 RS 0.631.112.514


Status February 24, 2015