Dodatki 1-8 h Konvenciji TIR 1975 - Carinski konvenciji o mednarodnem prevozu blaga na podlagi karnetov TIR (MP 9/92)

1. The dimensions of the plates shall be 250 mm by 400 mm.

2. The letters TIR in capital Latin characters shall be 200 mm high and their strokes at least 20 mm wide. The letters shall be white on a blue ground.

(i) In accordance with the provisions of article 43 of this Convention, the explanatory notes interpret certain provisions of this Convention and of its annexes. They also describe certain recommended practices.

(ii) The explanatory notes do hot modify the provisions of this Convention or of its annexes but merely make their contents, meaning and scope more precise.

(iii) In particular, having regard to the provisions of article 12 of this Convention and of annex 2 relating to the technical conditions for the approval of road vehicles for transport under Customs seal, the explanatory notes specify, where appropriate, the construction techniques to be accepted by the Contracting Parties as complying with those provisions. The explanatory notes also specify, where appropriate, which construction techniques do not comply with those provisions.

(iv) The explanatory notes provide a means of applying the provisions of this Convention and of its annexes so as to take into account the development of technology and economic requirements.

0.1 Article 1

b) The fees and charges excepted in article 1, subparagraph (b) mean all sums, other than import or export duties and taxes, levied by Contracting Parties on or in connextion with importation or exportation. These sums shall be limited in amount to the approximate cost of the services rendered and shall not represent an indirect protection to domestic products or a tax on imports or exports for fiscal purposes. Such fees and charges include inter alia payments relating to:

– certificates of origine if they are required for transit

– analyses carried out by Customs laboratories, for control purposes

– Customs inspections and other clearance operations carried out outside normal working hours or away from Customs offices

– inspections for sanitary, veterinary or phytopathological reasons.

e) The term "demountable body" means a load compartment which has no means of locomotion and which is designed to be transported upon a road vehicle, the chassis of which, together with the under-framing of the body, is specially adapted for this purpose.

e) i) The terme "partially enclosed" as applied to equipment in article 1, subparagraph (e) (i), relates to equipment generally consisting of a floor and a superstructure marking off a loading space equivalent to that of a closed container. The superstructure is generally made up of metal members forming the frame of a container. Containers of this type may also comprise one or more lateral or frontal walls. In some cases there is only a roof attached to the floor by uprights. This type of container is used in particular for the transport of bulky goods (motor cars, for example).

0.2 Article 2

0.2-1 Article 2 provides that a transport operation under cover of a TIR carnet may begin and end in the same country on condition that part of the journey is performed in foreign territory. In such cases there is nothing to prevent the Customs authorities of the country of departure from requiring, in addition to the TIR carnet, a national document, intended to ensure duty-free reimportation of the goods. It is nevertheless recommended that Customs authorties should not insist on the use of such a document but accept instead an appropriate endorsement on the TIR carnet.

0.2-2 The provisions of this article allow goods to be carried under cover of a TIR carnet when only part of the journey is made by road. They do not specify what part of the journey has to be made by road and it is sufficient that this should occur at some point between the beginning and the end of the TIR operation. However, it may happen that, for unforeseen reasons of a commercial or accidental nature, no part of the journey can be made by road, despite the intentions of the sender at the start of the journey. In these exceptional cases the Contracting Parties shall nevertheless accept the TIR carnet and the liability of the guaranteeing associations shall remain in force.

0.5 Article 5

This article does not exclude the right to carry out spot checks on the goods but stresses that these checks should be very limited in number. The international TIR carnet procedure, in fact, provides protection greater than that given by national procedures. Firstly the particulars on the TIR carnet relating to the goods must agree with the particulars given on the Customs documents which may be required in the country of departure. In addition the countries of transit and destination are given protection by the controls which are carried out at departure and which are certified by the Customs authorities at the office of departure. (See note below to article 19).

0.6.2 Article 6, paragraph 2

Under the provisions of this paragraph, the Customs authorities of a country may approve more than one association, each of which may incur liability arising from the discharge of the carnets issued by it or by its corresponding associations.

0.8.2 Article 8, paragraph 2

The provisions of this paragraph shall be applicable where, in case of irregularities of the type covered in article 8, paragraph 1, the laws and regulations of a Contracting Party provide for the payment of sums other than import or export duties and taxes, such as administrative fines or other pecuniary sanctions. However, the sum to be paid shall not exceed the amount of import or export duties and taxes which would have, been due if the goods had been imported or exported in accordance with the relevant customs provisions, this amount being increased, by any default interests.

0.8.3 Article 8, paragraph 3

Customs authorities are recommended to limit to a sum equal to 50,000 dollars US per TIR carnet the maximum amount which may be claimed from the guaranteeing association.

0.8.5 Article 8, paragraph 5

If the guarantee is questioned for goods not listed in the TIR Carnet, the administration concerned should indicate the facts on which it based its opinion that the goods were contained in the sealed section of the road vehicle or the sealed container.

0.8.6 Article 8, paragraph 6

1. In the absence in the TIR carnet of particulars detailed enough to enable charges on the goods to be determined, the parties concerned may produce evidence of their precise nature.

2. If no evidence is furnished, duties and taxes will be charged, not at a flat rate unrelated to the nature of the goods, but at the highest rate applicable to the kind of goods covered by the particulars in the TIR carnet.

0.10 Article 10

The certificate of discharge of TIR carnet shall be regarded as having been obtained in an improper or fraudulent manner when the TIR operation has been carried out by means of load compartments or containers adapted for fraudulent purposes, or when such malpractices as the use of false or inaccurate documents, the substitution of goods, tampering with Customs seals, etc., have been discovered, or when the certificate has been obtained by other illicit means.

0.11 Article 11

0.11-1 In deciding whether or not to release the goods or vehicle, Customs authorities should not, when they have other means in law of protecting the interests for which they are responsible, be influenced by the fact that the guaranteeing association is liable for the payment of duties, taxes and default interest payable by the holder of the carnet.

0.11-2 If a guaranteeing association is asked, in accordance with the procedure set out in article 11, to pay the sums referred to in article 8, paragraphs 1 and 2, and fails to do so within the time-limit of three months prescribed by the Convention, the competent authorities may rely on national regulations in requiring payment of the sums in question because what is involved in such cases is a failure to carry out a contract of guarantee entered into by the guaranteeing association under national law.

0.15 Article 15

Certain difficulties may arise in the case of vehicles not subject to registration, such as in some countries, trailers or semi-trailers, when Customs documents are not required for temporary admission. In that case, the provisions of article 15 may be observed, while assuring adequate protection for the Customs authorities, by recording particulars of these vehicles (make and numbers) on vouchers 1 and 2 of the TIR carnet used by the countries concerned 'and on the corresponding counterfoils.

0.17 Article 17

0.17-1 The provision that the manifest of the goods covered by the TIR carnet shall show separately the contents of each vehicle of a combination of vehicle, or of each container, is only intended to simplify Customs inspection of the contents of each vehicle or container. This provision shall not therefore be interpreted so rigidly that each variation between the actual contents of a vehicle or container and the contents of that vehicle or container as shown on the manifest is considered a breach of the provisions of the Convention. If the carrier can satisfy the relevant authorities that, notwithstanding such a variation, all the goods shown on the manifest agree with the total of goods loaded in the combination of vehicle or in all the containers covered by the TIR carnet, this shall not normally be considered a breach of Customs requirements.

0.17-2 In the case of household removale, the procedure laid down in paragraph 10 (c) of the Rules for the use of the TIR carnet can be applied, the list of articles concerned being reasonably condensed.

0.18 Article 18

0.18-1 It is essential for the smooth operation of the TIR procedure that the Customs authorities of one country should refuse to designate a Customs office of exit as a Customs office of destination for a transport operation which is going on to a neighbouring country when that country is also a Contracting Party to this (sonvention, unless there are some special circumstances to justify the request.

0.18-2.1. Goods should be so loaded that the consignment to be unloaded at the first unloading point can be taken out of the vehicle or the container without it being necessary to unload the other consignment or consignments of goods due to be unloaded at the other unloading points.

2. Where a transport operation involves unloading at more than one office it is necessary that, after a partial unloading, a record of it should be made in box 12 on all the remaining manifests of the TIR carnet, and at the same time another record should be made on the remaining vouchers and the corresponding counterfoils to the effect that new seals have been affixed.

0.19 Article 19

The requirement that the Customs office of departure should check the accuracy of the goods manifest implies the need to verify at least that the particulars in the goods manifest tally with those in the export documents and in the transport or other commercial documents relating to the goods; the Customs office of departure may also have to examine the goods. The Customs office of departure must also, before affixing seals, check the condition of the road vehicle or container and, in the case of sheeted vehicles or containers, the condition of the sheets and sheet fastenings, as this equipment is not included in the certificate of approval.

0.20 Article 20

When fixing time-limits for the transport of goods within their territory, Customs authorities must likewise take into account inter alia any special regulations to which carriers are subject, particulary regulations concerning working hours and mandatory rest periods for drivers of road vehicles. It is recommended that these authorities should exercise their right to prescribe, a route only when they consider it essential.

0.21 Article 21

0.21-1 The provisions of this article do not restrict the right of Customs authorities to examine all parts of a vehicle other than the sealed load compartment.

0.21-2 The Customs office of entry may turn back the carrier to the Customs office of exit of the adjacent country if it finds that no clearance has been given by that office or that clearance has not been given in due form. In such cases the Customs office of entry inserts a note in the TIR carnet for the Customs office of exit concerned.

0.21-3 If in the course of an examination, Customs authorities draw sample of goods, a note recording full particulars of the goods taken must be made by those authorities on the goods manifest of the TIR carnet.

0.28 Article 28

1. Article 28 provides that discharge of the TIR carnet at the office of destination shall take place without delay, on condition that the goods are placed under another Customs procedure or cleared for home use.

2. The use of TIR carnet must be restricted to the function which it was intended to cover, namely the transit operation. The TIR carnet must not, for example, be used to cover the storage of goods under Customs control at destination. Where no irregularity has taken place, the office of destination must discharge the TIR carnet as soon as the goods covered by the carnet have come under another Customs procedure or have been cleared for home use. In practice discharge must be given as soon as the goods have been directly re-exported (as, for example, when they are shipped on arrival at a port), or as soon as a declaration for Customs purpose has been made at the place of destination, or as soon as the goods have been received into a place approved for storage while awaiting a declaration for Customs purposes (for example, a transit shed), in accordance with the regulations in force in the country of destination.

0.29 Article 29

No certificate of approval is required for road vehicles or containers transporting heavy or bulky goods. It is, nevertheless, the responsibility of the Customs office of departure to make sure that the other conditions laid down in this article for this type of transport operation are met. Customs offices of other Contracting Parties shall accept the decision of the Customs office of departure unless in their opinion it is cleary in conflict with the provisions of article 29.

0.38.1 Article 38, paragraph 1

A business enterprise should not be excluded from the TIR system because of offences committed by one of its drivers without the knowledge of the management.

0.38.2 Article 38, paragraph 2

Where a Contracting Party has been notified that a person established or resident in its territory has committed an offence on the territory of a foreign country, it need not cease to allow the issue of TIR carnets to that person.

0.39 Article 39

The expression "mistakes committed through negligence" is to be taken to mean acts which, although not committed deliberately and in full knowledge of the facts, are due to a failure to take reasonable and necessary steps to ensure the accuracy of the facts in any particular case.

0.45 Article 45

Contracting Parties are recommended to make the largest possible number of Customs offices, both inland and at the frontier, available for dealing with TIR operations.

1.10 c) Rules regarding the use of the TIR camet – Loading lists annexed to the goods manifest

N° 10 c) of the rules regarding the use of the TIR carnet permits the use of loading lists as annex to the TIR carnet even when there would otherwise be enough space in the manifest to enter all the goods carried. However, this is permissible only if the loading lists contain all the particulars required by the goods manifest in legible and recognizable form and all other provisions of Rule 10 c) are complied with.

2.2 Article 2

2.2.1 (a) Subparagraph 1 (a) – Assembly of constituent parts

(a) Where joining devices (rivets, screws, boits and nuts, etc.) are used, a sufficient number of such devices shall be inserted from outside, traverse the assembled constituent parts, protrude inside and there be firmly secured (e.g. riveted, welded, bushed or bolted and swaged or welded on the nut). However, coventional rivets (i.e. rivets whose placing requires handling from both sides of the assembly of constituent parts) may also be inserted from the inside. Notwithstanding the above, load compartment floors may be secured by means of self-tapping screws, self-drilling rivets or rivets inserted by means of an explosive charge or pins inserted pneumatically, when placed from inside and passing at right-angles through the floor and the metallic cross-pieces underneath, on condition, except in the case of self-tapping screws, that some of their ends be flush with the level of the outside part of the cross-piece or be welded on to it.

(b) The competent authority shall determine what joining devices, and how many of them, must fulfil the requirements of subparagraph (a) of this note; they shall do so by making sure that the constituent parts so assembled cannot be displaced and replaced without leaving obvious traces. The choice and placing of other joining devices are not subject to any restriction.

(c) Joining devices which can be removed and replaced from one side without leaving obvious traces, i. e. without requiring handling from both sides of the constituent parts to be assembled, shall not be allowed under subparagraph (a) of this note. Examples of such devices are expansion rivets, blind rivets and the like.

(d) The assembly methods described above shall apply to special vehicles, for example to insulated vehicles, refrigerated vehicles and tank-vehicles in so far as they are not incompatible with the technical requirements which such vehicles must fulfil having regard to their use. Where, due to technical reasons, it is not practicable to secure parts in. the manner described in subparagraph (a) of this note, the constituent parts may be joined by means of the devices mentioned in subparagraph (c) of this note provided that the devices used on the inner face of the wall are not accessible from the outside.

2.2.1 (b) Subparagraph 1 (b) – Doors and other closing systems

(a) The device on which Customs seals can be fixed must:

(i) be sucered by welding, or by not less than two joining devices conforming to subparagraph (a) of explanatory note 2.2. 1 (a); or

(ii) be so designed that when the load compartment has been closed and sealed the device cannot be removed without leaving obvious traces.

It must also:

(iii) incorporate holes of not less than 11 mm in diameter or slots of at least 11 mm in length by 3 mm in width, and

(iv) afford equal security whatever type of seal is used

b) Butt hinges, strap hinges, hinge-pins and other devices for hanging doors and the like must be secured in conformity with the requirements of subparagraphs (a) (i) and (ii) of this note. Moreover, the various components of such devices, (e.g. hinge plates, pins or swivels), provided that they are necessary to guarantee customs security of the load compartment (See sketch no la appended to this annex), shall be so fitted that they cannot be removed or dismantled when the load compartment is closed and sealed without leaving obvious traces. However, where such a device is not accessible from outside it will suffice if, when the door or the like has been closed and sealed, it cannot be detached from the hinge or similar device without leaving obvious traces. Where a door or closure-device has more than two hinges, only those two hinges nearest to the extremities of the door need to be fixed in conformity with the requirements of subparagraph (a) (i) and (ii) above.

c) Exceptionaly, in the case of vehicles having insulated load compartements, the Customs sealing device, the hinges and any fittings, the removal of which would give access to the interior of the load compartment or to spaces in which goods could be concealed, may be fixed to the doors of such load compartments by means of set bolts or set screws which are inserted from the outside but which do not otherwise meet the requirements of Explanatory Note 2.2.1 (a), subparagraph (a) above, on condition that:

i) the tails of the set bolts or set screws are fixed into a tapping plate or similar device fitted behind the outer layer or layers of the door structure; and

ii) the heads of the appropriate number of set bolts or set screws are so welded to the Customs sealing device, hinges etc., that they are completely deformed and that the set bolts or set screws cannot be removed without leaving visible signs of tampering (See sketch No. 1 appended to this annex).

The term "insulated load compartment" is to be taken to include refrigerated and isothermic load compartments.

d) Vehicles comprising a large number of such closures as valves, stepcocks, manhole covers, flanges and the like must be designed so as, to keep the number of Customs seals to a minimum. To this end, neighbouring closures must be interconnected by a common device requiring only one Customs seal, or must be provided with a cover meeting the same purpose.

e) Vehicles with opening roofs must be constructed in such a manner as to permit sealing with a minimum number of Customs seals.

1) See sketch No. 1 appended to this annex.

2.2.1 (c)-l Subparagraph 1 (c) – Ventilation apertures

(a) Their greatest dimension must, in principle, not exceed 400 mm.

(b) Apertures permitting direct access to the load compartment, must be obstructed

i) by means of wire gauze or perforated metal screens (maximum dimension of holes 3 mm in both cases) and protected by welded metal lattice work (maximum dimension of holes: 10 mm); or

ii) by means of a single perforated metal screen of sufficient strength (maximum dimension of holes: 3 mm; thickness of the screen; at least 1 mm).

(c) Apertures not permitting direct access to the load compartment (e. g. because of elbow or baffleplate systems) must be provided with devices referred to in subparagraph (b), in which, however, the dimensions of the holes may be as much as 10 mm (for the wire gauze or metal screen) and 20 mm (for the metal lattice-work).

(d) Where openings are made in sheets, the devices referred to in subparagraph (b) of this note must in principle be prescribed. However, blocking devices in the form of a perforated metal screen fitted outside, and wire or other gauze fited inside, will be allowed.

– (e) Identical non-metal devices may be allowed provided that the holes are of the requisite dimensions and the material used is strong enough to prevent the holes from being substantially enlarged without visible damage. In addition, it must be impossible to replace the ventilation device by working from one side of the sheet only.

(f) The ventilation aperture may be provided with a protective device. This shall be secured to the sheet in such a way as to permit Customs inspection of the aperture. This protective device shall be secured to the sheet at a distance of not less than 5 cm from the screen of the ventilation aperture.

2.2.1 (c)-2 Subparagraph 1 (c) – Drainage apertures

(a) Their greatest dimension must, in principle, not exceed 35 mm.

(b) Apertures permitting direct access to the load compartment must be provided with the devices described in subparagraph (b) of explanatory note 2.2.1 (c)-l for ventilation apertures.

(c) When drainage apertures do not permit direct access to the load compartment, the devices referred to in subparagraph (b) of this note will not be prescribed, on condition that the apertures are provided with a reliable baffle system readily accessible from inside the load compartment.

2.3 Article 3

2.3.3. Paragraph 3 – Sheets made up of several pieces

(a) The several pieces constituting one sheet may be made of different materials conforming to the provisions of annex 2, article 3, paragraph 2.

(b) Any arrangement of the pieces which adequately guarantees security will be allowed in making up the sheet, on condition that the pieces are assembled in conformity with, the requirements of annex 2, article 3.

2.3.6 (a)-l Subparagraph 6 (a) – Vehicles with sliding rings

Metal securing rings sliding on metal bars fixed to the vehicles are acceptable for the purpose of this paragraph (see sketch No. 2 appended to this annex) provided that:

(a) the bars are affixed to the vehicle at maximum spacings of 60 cm and in such a manner that they cannot be removed and replaced without leaving obvious traces;

(b) the rings are made with a double hoop or equipped with a central bar and made in one piece without the use of welding; and

(c) the sheet is fixed to the vehicle in strict compliance with the conditions set forth in annex 2, article 1 (a) of this Convention.

2.3.6 (a)-2 Subparagraph 6 (a) – Vehicles with swivel rings

Metal swivel rings, each of which rotates in a metal bracket fixed to the vehicle are acceptable for the purpose of this paragraph (see sketch N° 2a appended to this annex) provided that:

(a) each bracket is affixed to the vehicle in such a manner that it cannot be removed and replaced without leaving obvious traces; ang.

(b) the spring under each bracket is completely enclosed by a bellshaped metal cover.

2.3.6 (b) Subparagraph 6 (b) – Permanently-secured sheets

Where one or more, edges of the sheet are permanently attached to the body of the vehicle, the sheet shall be held in place by one strip of metal or other suitable material secured to the body of the vehicle by joining devices meeting the requirements of subparagraph (a) of note 2.2.1 (a) of this annex.

2.3.8 Paragraph 8 – Spaces between the rings and between the eyelets

Spaces exceeding 200 mm but not exceeding 300 mm are acceptable over the uprights if the rings are recessed in the side boards and the eyelets are oval and so small that they can just pass over the rings.

2.3.9 Paragraph 9 – Textile-cored steel fastening ropes

For purposes of this paragraph, ropes comprising a textile core surrounded by at least four strands consisting solely of steel wire and completely covering the core will be allowed on condition that the ropes (without taking into account the transparent plastic sheath, if any) are not less than 3 mm in diameter.

2.3.11 (a) Subparagraph 11 (a) – Sheet-tensioning flaps

The sheets of many vehicles are provided on the outside with a horizontal flap pierced by eyelets running along the length of the side of the vehicle. Such flaps, known as tensioning flaps, are used to tauten the sheet by means of tensioning cords or similar devices. Such flaps have been used to conceal horizontal slits made in the sheets giving improper access to the goods carried in the vehicle. It is therefore recommended that the use of flaps of this type should not be allowed. The following devices may be used instead;

(a) tensioning flaps of similar design fixed on the inside of the sheet; or

(b) small individual flaps each pierced by one eyelet secured to the outside surface of the sheet and spaced at such distances as will, permit an adequate tensioning of the sheet..

Alternatively, it may be possible in certain cases to avoid the use of tensioning flaps on sheets.

2.3.11 (c) Subparagraph 11 (c) – Sheet thongs

2.3.11 (c)-l The following materials are regarded as suitable for making thongs:

a) leather;

b) non-tensile textile materials including plastic-covered or rubberized cloth, provided that such materials cannot after severance be welded or reconstituted without leaving obvious traces. Furthermore, the plastic material used to cover thongs shall be transparent and smooth-surfaced.

2.3.11 (c)-2 The device shown in sketch No. 3 appended to this annex meets the requirements of the last part of annex 2, article 3, paragraph 11. It also meets the requirements of annex 2, article 3, paragraph 6.

3.0.17 Approval procedure

1. Annex 3 provide that the competent authorities of a Contracting Party may issue a certificate of approval in respect of a vehicle constructed within its territory and that no additional approval procedures shall be applied in respect of such a vehicle in the country, where it is registered or, as the case may be, where the owner is resident.

2. These provisions are not intended to restrict the right of the competent authorities of the Contracting Party where the vehicle is registered or where the owner is resident to require the production of such a certificate of approval either at importation or subsequently for purposes connected with the registration or control of the vehicle or with similar legal requirements.

3.0.20 Procedure for endorsement of certificate of approval

When an endorsement concerning defects is to be cancelled after the vehicle has been restored to a satisfactory state, it is sufficient to state, under item No. 11 provided for the purpose, "Defects rectified" followed by the name, signature and stamp of the competent authority concerned.

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Annex 7
ANNEX REGARDING APPROVAL OF CONTAINERS

Part I

REGULATIONS ON TECHNICAL CONDITIONS APPLICABLE TO CONTAINERS WHICH MAY BE ACCEPTED FOR INTERNATIONAL TRANSPORT UNDER CUSTOMS SEAL

Article 1

Basic principles

Article 2

Structure of containers

Article 3

Containers capable of being folded or dismantled

Article 4

Sheeted containers

Article 5

Transitional provisions