Council Decision

of 25 September 2008

approving on behalf of the Community Annex 8 to the International Convention on the Harmonisation of Frontier Controls of Goods

(2009/161/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The International Convention on the Harmonization of Frontier Controls of Goods, 1982 ("the Convention") was approved by Council Regulation (EEC) No 1262/84 [1].

(2) Article 22 of the Convention, in conjunction with its Annex 7, provides that the Administrative Committee for the Convention can propose and adopt amendments to the Convention. These amendments are to be accepted unless a Contracting Party objects within 12 months of the communication by the United Nations of the proposed amendment to the Contracting Parties.

(3) The United Nations Economic Commission for Europe (UN/ECE) Inland Transport Committee decided at its February 1999 session that the Convention should be revised to include provisions to facilitate the border crossing of vehicles.

(4) The UN/ECE Working Party on Customs Questions affecting Transport subsequently produced draft proposals to add a new Annex 8 to the Convention in order to complement the existing provisions.

(5) That Annex was adopted by the Administrative Committee for the Convention in October 2007 and as no objections were raised, the Annex took effect from 20 May 2008.

(6) The purpose of Annex 8 to the Convention is to facilitate international trade by reducing, harmonising and coordinating procedures and paperwork in connection with the border control of goods, in particular live animals and perishable goods. Annex 8 also aims at improving the operation of border crossing points, as well as technical matters relating to the mutual recognition of international vehicle inspection and weight certificates.

(7) The facilitation of international trade and the removal of technical obstacles to trade is an objective of the common commercial policy and thus falls under the exclusive competence of the Community.

(8) The Community position concerning the proposed amendment of the Convention was approved on July 2005.

(9) Therefore, the amendment to the Convention should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

Annex 8 to the International Convention on the Harmonization of Frontier Controls of Goods is hereby approved on behalf of the Community.

The text of that Annex is attached to this Decision.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 25 September 2008.

For the Council

The President

L. Chatel

[1] OJ L 126, 12.5.1984, p. 1.

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ANNEX 8 TO THE INTERNATIONAL CONVENTION ON THE HARMONISATION OF FRONTIER CONTROLS OF GOODS

FACILITATION OF BORDER CROSSING PROCEDURES FOR INTERNATIONAL ROAD TRANSPORT

Article 1

Principles

Complementing the provisions of the Convention and in particular those provided in Annex 1, the present Annex intends to define the measures that need to be implemented in order to facilitate border crossing procedures for international road transport.

Article 2

Facilitation of visa procedures for professional drivers

1. The Contracting Parties should endeavour to facilitate the procedures for the granting of visas for professional drivers engaged in international road transport in accordance with national best practice for all visa applicants and national immigration rules as well as international commitments.

2. The Contracting Parties agree to regularly exchange information on best practices with regard to the facilitation of visa procedures for professional drivers.

Article 3

International road transport operations

1. In order to facilitate the international movement of goods, the Contracting Parties shall regularly inform all parties involved in international transport operations in a harmonised and coordinated manner on border control requirements for international road transport operations in force or planned as well as on the actual situation at borders.

2. Contracting Parties shall endeavour to transfer, to the extent possible and not only for transit traffic, all necessary control procedures to the places of departure and destination of the goods transported by road so as to alleviate congestion at the border crossing points.

3. Referring in particular to Article 7 of this Convention, priority shall be given to urgent consignments, e.g. live animals and perishable goods. In particular, the competent services at border crossing points:

(i) shall take the necessary measures to minimise waiting times for ATP-approved vehicles transporting perishable foodstuffs or for vehicles transporting live animals, as from their time of arrival at the frontier until their regulatory, administrative, Customs and sanitary controls;

(ii) shall ensure that the required controls mentioned under (i) are carried out as quickly as possible;

(iii) shall allow, as far as possible, the operation of the necessary refrigerating units of vehicles carrying perishable foodstuffs during the time of crossing the border, unless this is impossible as a result of the required control procedure;

(iv) shall cooperate, in particular through advance information exchange, with their counterparts in other Contracting Parties in order to accelerate border crossing procedures for perishable foodstuffs and live animals, in case these loads are subject to sanitary inspections.

Article 4

Vehicle inspection

1. The Contracting Parties, not yet Parties to the Agreement Concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections (1997), should endeavour, in line with relevant national and international laws and regulations, to facilitate the crossing of road vehicles across borders by accepting the International Technical Inspection Certificate as provided for in this Agreement. The Technical Inspection Certificate, as contained in the Agreement as of 1 January 2004, is contained in Appendix 1 to this Annex.

2. With a view to identifying ATP-approved vehicles carrying perishable foodstuffs, the Contracting Parties may utilise the distinguishing marks affixed to the relevant equipment and the ATP certificate or plate of approval provided for in the Agreement on the International Carriage of Perishable Foodstuffs and 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, in line with relevant national and international laws and regulations, should endeavour to avoid repetitive vehicle weighing procedures at border crossings by accepting and mutually recognising the International Vehicle Weight Certificate as contained in Appendix 2 to this Annex. In case the Contracting Parties accept such certificates, no further weight measurements shall be carried out apart from random checks and controls in the case of supposed irregularities. Vehicle weight measurements recorded in such certificates shall take place only in the country of origin of international transport operations. The results of such measurements shall be duly reflected and certified in such certificates.

2. Each Contracting Party, accepting the International Vehicle Weight Certificate, shall publish a list of all weighing stations in their country authorised in accordance with international principles as well as any modification thereto. This list as well as any modification thereto shall be transmitted to the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) for distribution to each Contracting Party and to the international organisations referred to in Annex 7, Article 2 to this Convention.

3. The minimum requirements for authorised weighing stations, the principles of authorisation and the basic features of weighing procedures to be applied are contained in Appendix 2 to this Annex.

Article 6

Border crossing points

In order to ensure that the required formalities at border crossing points are streamlined and accelerated, the Contracting Parties shall meet, as far as possible, the following minimum requirements for border crossing points open for international goods traffic:

(i) facilities enabling joint controls between neighbouring States (one-stop technology), 24 hours a day, whenever justified by trade needs and in line with road traffic regulations;

(ii) separation of traffic for different types of traffic on both sides of the border allowing to give preference to vehicles under the cover of valid international Customs transit documents or carrying live animals or perishable foodstuffs;

(iii) off-lane control areas for random cargo and vehicle checks;

(iv) appropriate parking and terminal facilities;

(v) proper hygiene, social and telecommunications facilities for drivers;

(vi) encourage forwarding agents to establish adequate facilities at border crossings with the intention that they can offer services to transport operators on a competitive basis.

Article 7

Reporting mechanism

With regard to Articles 1 to 6 of this Annex, the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) shall carry out, every second year, a survey among Contracting Parties on progress made to improve border crossing procedures in their countries.

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Appendix 1 to Annex 8 to the Convention

INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE [1]

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), entered into force on 27 January 2001.

1. Accredited Technical Inspection Centres are responsible for conducting the inspection tests, granting the approval of compliance with the inspection requirements of the relevant rule(s) annexed to the 1997 Vienna Agreement, and specifying the latest date of next inspection to be indicated in line No 12.5 of the International Technical Inspection Certificate, the model of which is reproduced hereafter.

2. The International Technical Inspection Certificate shall contain the information indicated hereafter. It may be a booklet in format A6 (148 × 105 mm), with a green cover and white inside pages, or a sheet of green or white paper of format A4 (210 × 197) folded to format A6 in such a way that the section containing the distinguishing sign of the State or of the United Nations forms the top of the folded certificate.

3. Items of the certificate and their content shall be printed in the national language of the issuing Contracting Party by maintaining the numbering.

4. The periodical inspection reports which are in use in the Contracting Parties to the Agreement may be used as an alternative. A sample of them shall be transmitted to the Secretary-General of the United Nations for information to the Contracting Parties.

5. Handwritten, typed or computer generated entries on the International Technical Inspection Certificate to be made exclusively by the competent authorities, shall be in Latin characters.

CONTENT OF THE INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE

Space for the distinguishing sign of the State or of the UN

(Administrative Authority responsible for technical inspection)

… (1)

CERTIFICAT INTERNATIONAL DE CONTROLE TECHNIQUE (2)

(1) Title ‘INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE’ in national language.

(2) Title in French.

+++++ TIFF +++++

INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE

1. Licence plate (Registration) No …

2. Vehicle identification No …

3. First registration after the manufacture (State, Authority) (1) …

4. Date of first registration after the manufacture …

5. Date of the technical inspection …

CERTIFICATE OF COMPLIANCE

6. This certificate is issued for the vehicle identified under No 1 and 2 which complies at the date under No 5 with the rule(s) annexed to the 1997 Agreement on the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections.

7. The vehicle has to undergo its next technical inspection according to the rule(s) under No 6 not later than:

Date: (month/year) …

8. Issued by …

9. At (place) …

10. Date …

11. Signature (2) …

(1) If available, authority and state where the vehicle was registered for the first time after its manufacture.

(2) Seal or stamp of the authority issuing the certificate.

+++++ TIFF +++++

12. Subsequent periodical technical inspection(s) (1)

12.1. Done by (Technical Inspection Centre) (2) …

12.2. (stamp)

12.3. Date …

12.4. Signature …

12.5. Next inspection due not later than: (month/year) …

(1) Items 12.1 to 12.5 to be repeated if the certificate is to be used for subsequent annual periodical technical inspections.

(2) Name, Address, State of the Technical Inspection Centre accredited by the competent Authority.

+++++ TIFF +++++

[1] As of 1 January 2004.

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Appendix 2 to Annex 8 to the Convention

INTERNATIONAL VEHICLE WEIGHT CERTIFICATE

1. The objective of the International Vehicle Weight Certificate (IVWC) is to facilitate border crossing procedures and, in particular, to avoid repetitive weight measurements of goods road vehicles en route in the Contracting Parties. Duly filled-in certificates, accepted by the Contracting Parties, shall be accepted as bearing valid weight measurements by the competent authorities of Contracting Parties. Competent authorities shall refrain from requiring additional weight measurements apart from random checks and controls in the case of supposed irregularities.

2. The International Vehicle Weight Certificate, which shall conform to the model reproduced below in this Appendix, shall be issued and used under the supervision of a designated Governmental authority in each Contracting Party accepting such certificates in line with the procedure described in the annexed certificate.

3. The use of the certificate by transport operators is optional.

4. The Contracting Parties, accepting such certificates, shall approve authorised weighing stations to fill in, together with the operator/driver of the goods road vehicle, the International Vehicle Weight Certificate in accordance with the following minimum requirements:

(a) Weighing stations shall be equipped with certified weighing instruments. For performing the weight measurements, the Contracting Parties accepting such certificates may select the method and instruments they consider appropriate. The Contracting Party accepting such certificates shall ensure the competence of the weighing stations by, for example, an accreditation or assessment process and shall ensure to use of appropriate weighing instruments, the deployment of qualified personnel, and the existence of properly documented quality control systems and testing procedures.

(b) The weighing stations and their instruments shall be well maintained. The instruments shall be regularly verified and sealed by the relevant authorities responsible for weights and measures. The weighing instruments, their maximum permissible errors and usage shall comply with the Recommendations established by the International Organisation for Legal Metrology (OIML).

(c) Weighing stations shall be equipped with weighing instruments corresponding to either:

- OIML Recommendation R 76 "Non-automatic weighing instruments" accuracy Class III or better,

- OIML Recommendation R 134 "Automatic instruments for weighing road vehicles in motion", accuracy Classes 2, or better, higher error values may apply in case of individual axle weight measurements.

5. In exceptional cases and, particularly when irregularities are suspected, or at the demand of the transport operator/driver of the respective road vehicle, the competent authorities may re-weigh the vehicle. In case a weighing station produces several mistaken measurements, observed by the control authorities in a Contracting Party accepting such certificates, the competent authorities of the country of the weighing station shall take appropriate measures in order to ensure that such events will not occur again.

6. The model of the certificate may be reproduced in any of the languages of the Contracting Parties accepting such certificates provided that the layout of the certificate and the placing of the items therein are not modified.

7. Each Contracting Party accepting such certificates, shall publish a list of all weighing stations in their countries authorised in accordance with international principles as well as any modifications thereto. This list as well as any modification thereto shall be transmitted to the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) for distribution to each Contracting Party and to the international organisations referred to in Annex 7, Article 2 to this Convention.

8. (Transitional provision) Since only very few weighing stations are equipped at present with weighing instruments able to provide individual axle weight or axle group measurements, the Contracting Parties, accepting such certificates agree that, during a transitional period, expiring 12 months following the entry into force of this Annex, gross vehicle weight measurements as provided for under item 7.3 in the International Vehicle Weight Certificate shall be sufficient and shall be accepted by the competent national authorities.

UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE UNECE

INTERNATIONAL VEHICLE WEIGHT CERTIFICATE (IVWC)

In accordance with the provisions of Annex 8 — Facilitation of Border Crossing Procedures for International Road Transport — to the International Convention on the Harmonisation of Frontier Controls of Goods, 1982

Valid for international road transport of goods

To be filled in by the transport operator(s)/driver(s) of the goods road vehicle BEFORE weighing the vehicle

1. Transport operator/company (name and address; inc. country)

Tel. No

Fax No

E-mail

2. Transport contract No (1)

TIR Carnet No (if applicable) (2)

3. Details of goods road vehicle

3.1. Registration number of

Road tractor/lorry

Semi-trailer/trailer

3.2. Suspension system of

Road tractor/lorry

Air

Mechanical

Other

Semi-trailer/trailer

Air

Mechanical

Other

To be filled in by the operator of the authorised weighing station

4. Authorised weighing station (name and address; inc. country)

Accuracy class of the weighing instrument (4)

Class II … Class III

and/or < 0,5 … 1 … 2

5. Vehicle weight measurement No (3)

6. Date of issue (day, month, year)

4.2. Date of last calibration

7. Weight measurements of goods road vehicles (original and official record of the weighing station shall be affixed to this certificate)

7.1. Type of goods road vehicle (5)

7.2. Axle weight measurements, in kg

Driven

Non-driven

Single

Tandem

Triple

First axle

Second axle

Third axle

Fourth axle

Fifth axle

Sixth axle (6)

7.3. Gross vehicle weight measurements, in kg

Road tractor/lorry

Semi-trailer/trailer

Total gross vehicle weight

+++++ TIFF +++++

8. Special weight characteristics

8.1. Tank(s) connected to the engine

Capacity filled to

?

?

?

1/1

8.2. Additional tank(s) (for cooling devices, etc.)

Capacity filled to

?

?

?

1/1

8.3. No of spare tyres

8.4. No of person(s) on board while weighing

8.5. Liftable axle

Yes

No

I declare that the above weight measurements taken have been duly performed by the undersigned at an authorised weighing station

Stamp

Name of operator of weighing station

Signature

(1) For instance: CMR Consignment Note Number.

(2) In accordance with the TIR Convention, 1975.

(3) See Notes on page 2.

(4) In accordance with OIML Recommendation R 76 and/or Recommendation R 134.

(5) Vehicle type code as contained in the attached sketches, for example: A2 or A2S2.

(6) If more than six axles, indicate in box ‘Remarks’, on page 2.

+++++ TIFF +++++

To be filled in by the transport operator(s)/driver(s) of the goods road vehicle AFTER weighing the vehicle

I declare that:

(a) the weight measurements stated overleaf have been performed by the above mentioned weighing station,

(b) the information (1) to (8) has been duly filled in and

(c) no load has been added to the goods road vehicle following its weighing at the above mentioned weighing station.

Date

Name of transport operator(s)/driver(s) of goods road vehicle

Signature(s)

Remarks (if any)

Notes

The vehicle weight measurement number shall consist of three data elements linked by hyphens:

(1) Country code (in accordance with the UN Convention on Road Traffic, 1968).

(2) Two-digit code allowing identification of national weighing station.

(3) Five-digit code (at least) allowing identification of individual weight measurement taken.

Examples: GR-01-23456 or RO-14-000510.

This serial number shall correspond to that applied in the books of the weighing station.

+++++ TIFF +++++

INTERNATIONAL VEHICLE WEIGHT CERTIFICATE (IVWC)

LEGAL BASIS

The International Vehicle Weight Certificate has been drawn up in accordance with the provisions of Annex 8 — Facilitation of Border Crossing Procedures for International Road Transport — to the International Convention on the Harmonization of Frontier Controls of Goods, 1982.

OBJECTIVE

The International Vehicle Weight Certificate is designed to avoid repetitive weight measurements of goods road vehicles en route in international transport, particularly at border crossings. The use of this certificate by transport operators is optional.

PROCEDURE

If Contracting Parties accept the International Vehicle Weight Certificate duly filled in by (a) the operator of an approved weighing station and (b) the transport operator(s)/goods road vehicle driver(s), it shall be accepted and recognised as bearing valid weight measurements by the competent authorities of the Contracting Parties. As a general rule, competent authorities shall accept the information contained in this Certificate as valid and shall refrain from requiring additional weight measurements. To prevent abuse, the competent authorities may however, in exceptional cases, and particularly when irregularities are suspected, carry out an examination of the vehicle weight in accordance with national regulations.

Weight measurements in order to establish this certificate shall be made, upon the request of the transport operator(s)/goods road vehicle driver(s) whose vehicle is registered in one of the Contracting Parties accepting such certificates, by approved weighing stations at costs which shall be limited to the services rendered.

For the purposes of this certificate, approved weighing stations shall be equipped with weighing instruments corresponding to either:

OIML Recommendation R 76 ‘Non-automatic weighing instruments’ accuracy Class III or better; or

OIML Recommendation R 134 ‘Automatic instruments for weighing road vehicles in motion’, accuracy Classes 2, or better, higher error values may apply in case of individual axle weight measurements.

SANCTIONS

Transport operator(s)/goods road vehicles driver(s) are subject to the national legislation for any false declaration made in the International Vehicle Weight Certificate.

In determining the legal value of the weight measurement(s), an estimation of the possible weighing error must be made for each weighing system. This error value, consisting of the intrinsic error of the weighing equipment and the error due to external factors, must be deducted from the measured weight in order to ensure that a possible overweight measurement is not caused by the inaccuracy of the weighing equipment and/or the weighing procedure used.

As a consequence, fines shall not be imposed on transport operators utilising this certificate unless the weight measurement(s) inscribed in this certificate minus the maximum possible weighing error (i.e. 2 per cent maximum or 800 kg in case of a 40 tonne vehicle) exceed(s) the maximum permissible weight(s) as prescribed by the national legislation.

+++++ TIFF +++++

ATTACHMENT

to the INTERNATIONAL VEHICLE WEIGHT CERTIFICATE (IVWC)

Sketches of types of goods road vehicles as required under item 7.1 of the IVWC

No | Goods road vehicles | Vehicle Type * means first alternative axle configuration ** means second alternative axle configuration | Distance between axles (m) [1] |

I.RIGID VEHICLES

+++++ TIFF +++++

1 | | A2 | D < 4.0 |

+++++ TIFF +++++

2 | | A2* | D ≥ 4.0 |

+++++ TIFF +++++

3 | | A3 | |

+++++ TIFF +++++

4 | | A4 | |

+++++ TIFF +++++

5 | | A3* | |

+++++ TIFF +++++

6 | | A4* | |

+++++ TIFF +++++

7 | | A5 | |

II.COMBINATION OF VEHICLES(coupled vehicles according to the Convention on Road Traffic (1968), Chapter I, Article 1 (t)

+++++ TIFF +++++

1 | | A2 T2 | |

+++++ TIFF +++++

2 | | A2 T3 | |

+++++ TIFF +++++

3 | | A3 T2 | |

+++++ TIFF +++++

4 | | A3 T3 | |

+++++ TIFF +++++

5 | | A3 T3* | |

+++++ TIFF +++++

6 | | A2 C2 | |

+++++ TIFF +++++

7 | | A2 C3 | |

+++++ TIFF +++++

8 | | A3 C2 | |

+++++ TIFF +++++

9 | | A3 C3 | |

+++++ TIFF +++++

10 | | A2 C1 | |

+++++ TIFF +++++

11 | | A3 C1 | |

III.ARTICULATED VEHICLES

+++++ TIFF +++++

1 | with 3 axles | | A2 S1 | |

+++++ TIFF +++++

2 | with 4 axles (single or tandem) | | A2 S2 | D ≤ 2.0 |

+++++ TIFF +++++

| A2 S2* | D > 2.0 |

+++++ TIFF +++++

| A3 S1 | |

+++++ TIFF +++++

3 | With 5 or 6 axles (single, tandem, triple) | | A2 S3 | |

+++++ TIFF +++++

| A2 S3* | |

+++++ TIFF +++++

| A2 S3** | |

+++++ TIFF +++++

| A3 S2 | D ≤ 2.0 |

+++++ TIFF +++++

| | | A3 S2* | D > 2.0 |

+++++ TIFF +++++

| | | A3 S3 | |

+++++ TIFF +++++

| | | A3 S3* | |

+++++ TIFF +++++

| A3 S3** | |

Without sketch | An Sn | |

[1] No specification is given if not relevant

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