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6.3.2012 Official
Journal
of
the
European
Union L
66/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
Amendment to the Customs Convention on the International Transport of Goods Under Cover of
TIR Carnets (TIR Convention, 1975 ( 1 ))
According to the UN Depositary Notification C.N.659.2011.TREATIES — 3 the following amendments to the TIR
Convention enter into force on 1 January 2012 for all Contracting Parties
Annex 6, Explanatory Note 9.I.1(a):
Delete Explanatory Note
Annex 9, Part I, title:
At the end of the title insert ‘AND TO ACT AS GUARANTOR’
Annex 9, Part I, subtitle:
At the beginning of the subtitle delete ‘Minimum’
Annex 9, Part I, paragraph 1, first line:
After ‘The’ delete ‘minimum’
Annex 9, Part I, paragraph 1(a):
For ‘established association representing the interests of the transport sector’ read ‘association established in
the Contracting Party where the authorisation is issued’
Annex 9, Part I, paragraph 1(b):
For ‘it’ read ‘the association’
Annex 9, Part I, paragraph 1(c):
Delete paragraph
Annex 9, Part I, paragraph 1(d) and (e):
Renumber paragraph 1(d) and (e) to become paragraph 1(c) and (d)
Annex 9, Part I, new paragraph 1(d):
For the existing text read:
‘(d) Establishment of a written agreement or any other legal instrument between the association and
the competent authorities of the Contracting Party in which it is established including the
acceptance by the association of its duties as set out in paragraph 3 of this Article.’
Annex 9, Part I, new paragraph 1(d):
After new paragraph 1(d) insert a new paragraph 2 to read:
‘2. A
certified
copy
of
the
written
agreement
or
any
other
legal
instrument
referred
to
under
paragraph 1(d) together, if necessary, with a certified translation into English, French or Russian
shall be deposited with the TIR Executive Board. Any changes shall be immediately brought to the
attention of the TIR Executive Board.’
( 1 ) Consolidated text published by Council Decision 2009/477/EC (OJ L 165, 26.6.2009, p. 1).

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L 66/2
EN
Official Journal of the European Union
6.3.2012
Annex 9, Part I, paragraph 1(f):
Replace the existing text of paragraph 1(f) by new paragraphs 3 and 4 to read:
‘3. The
duties
of
the
association
are
to:
(i) comply with the obligations laid down in Article 8 of the Convention;
(ii) accept the maximum sum per TIR Carnet determined by the Contracting Parties which may be
claimed from the association in accordance with Article 8, paragraph 3 of the Convention;
(iii) verify continuously and, in particular, before requesting authorisation for access of persons to the
TIR procedure, the fulfilment of the minimum conditions and requirements as laid down in Part
II of this Annex;
(iv) provide its guarantees for all liabilities incurred in the country in which it is established in
connection with operations under cover of TIR Carnets issued by itself and by foreign associ
ations affiliated to the same international organisation as that to which it is itself affiliated;
(v) cover its liabilities to the satisfaction of the competent authorities of the Contracting Party in
which it is established with an insurance company, pool of insurers or financial institution. The
insurance or financial guarantee contract(s) shall cover the totality of its liabilities in connection
with operations under cover of TIR Carnets issued by itself and by foreign associations affiliated
to the same international organisation as that to which it is itself affiliated;
The time to give notice for the termination of the insurance or financial guarantee contract(s)
shall be not less than the time to give notice for the termination of the written agreement or any
other legal instrument as referred to in paragraph 1(d). A certified copy of the insurance or
financial contract(s) as well as all subsequent modifications thereto shall be deposited with the
TIR Executive Board, including a certified translation, if necessary, into English, French or Russian;
(vi) provide the TIR Executive Board, annually, as per 1 March, with the price of each type of TIR
Carnets it issues;
(vii) allow the competent authorities to verify all records and accounts kept relating to the adminis
tration of the TIR procedure;
(viii) accept a procedure for settling efficiently disputes arising from the improper or fraudulent use of
TIR Carnets, whenever possible without recourse to courts;
(ix) comply strictly with the decisions of the competent authorities of the Contracting Party in which
it is established concerning the revocation or withdrawal of the authorisation in line with
Article 6 of the Convention and Part II of this Annex or the exclusion of persons in line with
Article 38 of the Convention;
(x) agree to implement faithfully all decisions adopted by the Administrative Committee and the TIR
Executive Board in as much as the competent authorities of the Contracting Party in which the
association is established have accepted them.
4.
When 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, it shall, in accordance with the written
agreement referred to in Explanatory Note 0.6.2bis-1 to Article 6, paragraph 2 bis, inform the inter
national organisation of the reception of the claim.’
Annex 9, Part I, paragraphs 2, 3 and 4:
Renumber the existing paragraphs 2, 3 and 4 to become paragraphs 5, 6 and 7
Annex 9, Part I, new paragraph 5:
For the existing text read:
‘5. The Contracting Party in which the association is established shall revoke the authorisation to
issue TIR Carnets and to act as guarantor in case of non-compliance with these conditions and
requirements. Should a Contracting Party decide to revoke the authorisation, the decision shall
become effective at the earliest three (3) months after the date of revocation.’

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EN
6.3.2012 Official
Journal
of
the
European
Union L
66/3
Annex 9, Part I, new paragraph 6:
For ‘Authorization’ read ‘The authorisation’
Annex 9, Part I, new paragraph 7:
After ‘The’ delete ‘minimum’

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