AMENDMENTS

AND SUPPLEMENTS 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34 AND 35 TO THE TIR CONVENTION, 1975

("Off. Herald of RS - Treaties", No. 14/2021)

Amendment 24

(Amendments which were adopted pursuant to Article 59 of the Convention and which entered into force on 19 September 2004)

AMENDMENT PROPOSAL TO THE TIR CONVENTION, 1975

adopted by
the Administrative Committee for the TIR Convention, 1975
on 26 October 2001

Article 26, paragraph 1:

Add a new sentence at the end of the paragraph to read as follows:

"Where the Customs seals have not remained intact, the Customs authorities may accept the TIR Carnet for resumption of the TIR transport under the provisions of Article 25."

Amendment 25

(Amendments which were adopted pursuant to Article 59 of the Convention and which entered into force on 1 October 2005)

AMENDMENT PROPOSAL TO THE TIR CONVENTION, 1975

adopted by the Administrative Committee for the TIR Convention, 1975 on 15 October 2004

Annex 2, Article 3, paragraphs 9 and 10

Replace the first two paragraphs of Annex 2, Article 3, paragraph 9 by the following text:

"9 The following fastenings shall be used;

(a) steel wire ropes of at least 3 mm diameter; or

(b) ropes of hemp or sisal of at least 8 mm diameter encased in a transparent sheath of unstretchable plastic; or

(c) ropes consisting of batches of fibre-optic lines inside a spirally wound steel housing encased in a transparent sheath of unstretchable plastic; or

(d) ropes comprising a textile cord surrounded by at least four strands consisting solely of steel wire and completely covering the core, under the condition that the ropes (without taking into account the transparent sheath, if any) are not less than 3 mm in diameter.

Ropes in accordance with paragraph 9 (a) or (d) of this Article may have a transparent sheath of unstretchable plastic."

Replace Annex 2, Article 3, paragraph 10 by the following text:

"10 Each type of rope shall be in one piece and shall have a hard metal end-piece at each end. Each metal end-piece shall allow the introduction of the thread or strap of the Customs seal. The fastener of each metal end-piece of ropes in accordance with the provisions of paragraph 9 (a), (b) and (d) of this Article shall include a hollow rivet passing through the rope so as to allow the introduction of the thread or strap of the Customs seal. The rope shall remain visible on either side of the hollow rivet so that it is possible to ensure that the rope is in one piece (see sketch No. 5 appended to these Regulations)."

Annex 7, Part I, Article 4, paragraphs 9 and 10

Replace the first two paragraphs of Annex 7, Part I, Article 4, paragraph 9 by the following text:

"9 The following fastenings shall be used;

(a) steel wire ropes of at least 3 mm diameter; or

(b) ropes of hemp or sisal of at least 8 mm diameter encased in a transparent sheath of unstretchable plastic; or

(c) ropes consisting of batches of fibre-optic lines inside a spirally wound steel housing encased in a transparent sheath of unstretchable plastic; or

Ropes in accordance with paragraph 9 (a) or (d) of this Article may have a transparent sheath of unstretchable plastic."

Replace Annex 7, Part I, Article 4, paragraph 10 by the following text:

Amendment 26

(Amendments which were adopted pursuant to Article 59 of the Convention and which entered into force on 1 April 2006)

AMENDMENT PROPOSAL TO THE TIR CONVENTION, 1975

adopted by the Administrative Committee for the TIR Convention on 3 February 2005

Annex 1 of the Convention

Model of the TIR Carnet: VERSION 1 and VERSION 2 Amend

- Page 1 of cover, box 3 "(nom, adresse, pays/name, address, country)" to read as follows: "(numéro d’identification, nom, adresse, pays/identification number, name, address, country)"

- Voucher No. 1 and voucher No. 2, box 4 "(name, address and country)" to read as follows: "(identification number, name, address and country)"

- Certified report, box 5 "Holder of the carnet" to read as follows: "Holder of the carnet (identification number, name, address and country)"

Annex 9 of the Convention, Part II

Amend the Model Authorization Form (MAF), second paragraph, first indent below the table to read as follows:

"- Individual and unique identification (ID) number assigned to the person by the guaranteeing association (in cooperation with the international organization to which it is affiliated) in accordance with a harmonized format. The format of an ID-number shall be determined by the Administrative Committee."

Amendment 27

(Amendments which were adopted pursuant to Article 59 of the Convention and which entered into force on 12 August 2006)

AMENDMENT PROPOSAL TO THE TIR CONVENTION, 1975

adopted by the Administrative Committee for the TIR Convention on 4 February 2005

New Article 42ter Add a new Article 42ter to read as follows:

"Article 42ter

The competent authorities of the Contracting Parties shall, as appropriate, provide authorized associations with information that they require to fulfil the undertaking given in accordance with Annex 9, Part I, Article 1 (f) (iii). Annex 10 sets out the information to be provided in particular cases."

Article 60

Amend the heading of Article 60 as well as paragraph 1, to read as follows:

"Article 60

Special procedure for amending Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10

1. Any proposed amendment to Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 considered in accordance with paragraphs 1 and 2 of Article 59 shall come into force on a date to be determined by the Administrative Committee at the time of its adoption, unless by a prior date determined by the Administrative Committee at the same time, one-fifth or five of the States which are Contracting Parties, whichever number is less, notify the Secretary-General of the United Nations of their objection to the amendment. Determination by the Administrative Committee of dates referred to in this paragraph shall be by a two-thirds majority of those present and voting."

Add a new Annex 10 to the Convention to read as follows:

"Annex 10

INFORMATION TO BE PROVIDED BY CONTRACTING PARTIES TO AUTHORIZED ASSOCIATIONS (UNDER ARTICLE 42TER) AND AN INTERNATIONAL ORGANIZATION (UNDER ARTICLE 6.2BIS)

By virtue of Article 6, paragraph 1 and Annex 9, Part I, paragraph 1 (f) (iii) of this Convention, authorized associations are required to give an undertaking that they shall verify continuously that persons authorized to have access to the TIR procedure fulfil the minimum conditions and requirements as laid down in Annex 9, Part II of the Convention.

On behalf of its member associations and in fulfilment of its responsibilities as an international organization authorized under Article 6, paragraph 2bis, an international organization shall establish a control system for TIR Carnets to hold data, transmitted by Customs authorities and accessible by the associations and Customs administrations, about the termination of TIR operations at offices of destination. To enable the associations to fulfil their undertaking effectively, Contracting Parties shall provide information to the control system in accordance with the following procedure:

(1) Customs authorities shall transmit to an international organization or to the national guaranteeing associations, if possible via central or regional offices, by the fastest available means of communication (fax, electronic mail, etc.) and if possible on a daily basis, at least the following information in a standard format in respect of all TIR Carnets presented at Customs offices of destination, as defined in Article 1 (l) of the Convention:

(a) TIR Carnet reference number;

(b) Date and record number in the Customs ledger;

(d) Date and reference number indicated in the certificate of termination of the TIR operation (boxes 24-28 of voucher No. 2) at the Customs office of destination (if different from (b));

(e) Partial or final termination;

(f) Termination of the TIR operation certified with or without reservation at the Customs office of destination without prejudice to Articles 8 and 11 of the Convention;

(g) Other information or documents (optional);

(h) Page number.

(2) The Model Reconciliation Form (MRF) contained in the Appendix may be addressed to Customs authorities by national associations or by an international organization:

(a) in case of discrepancies between the data transmitted and those on the counterfoils in the used TIR Carnet; or

(b) in case no data have been transmitted whereas the used TIR Carnet has been returned to the national association.

(3) Customs authorities and national guaranteeing associations shall conclude an agreement, in line with national law, covering the above data exchange.

(4) An international organization shall give Customs authorities access to the database of terminated TIR Carnets and to the database of invalidated TIR Carnets.

Amendment 28

(Amendments which were adopted pursuant to Article 59 of the Convention and which entered into force on 1 January 2009)

AMENDMENT PROPOSAL TO THE TIR CONVENTION, 1975

adopted by the Administrative Committee for the TIR Convention on 31 January 2008

Annex 8, Article 13, paragraph 1

Replace the existing text by

1. The operation of the TIR Executive Board and the TIR secretariat shall be financed, until such time as alternative sources of funding are obtained, through an amount per TIR Carnet distributed by the international organization as referred to in Article 6. This amount shall be approved by the Administrative Committee.

Annex 8, Article 13, paragraph 2

Replace the existing text by

2. The procedure to implement the financing of the operation of the TIR Executive Board and the TIR secretariat shall be approved by the Administrative Committee.

Amendment 29

(Amendments which were adopted pursuant to Article 60 of the Convention and which entered into force on 1 January 2012)

Amendment proposal to the TIR convention, 1975

adopted by the
Administrative Committee for the TIR Convention
on 3 February 2011

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 authorization 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, paragraphs 1 (d), (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.

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.

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 authorization 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 associations affiliated to the same international organization 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 organization 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 administration 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 authorization 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 international organization 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 authorization 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 authorization, the decision shall become effective at the earliest three (3) months after the date of revocation.

Annex 9, Part I, new paragraph 6

For Authorization read The authorization

Annex 9, Part I, new paragraph 7

After The delete minimum

Amendment 30

(Amendments which were adopted pursuant to Articles 59 and 60 of the Convention and which entered into force on 13 September 2012)

Amendment proposal to the TIR convention, 1975

adopted by the
Administrative Committee for the TIR Convention
on 3 February 2011

Article 1 (q), line 1

For approved read authorized

Article 1 (q)

After Article 1 (q) insert a new paragraph (r) to read:

(r) the term "international organization" shall mean an organization authorized by the Administrative Committee to take on responsibility for the effective organization and functioning of an international guarantee system.

Article 8, paragraph 1

Modify paragraph 1 to read:

1. The guaranteeing association shall undertake to pay up to the maximum of the guaranteed amount of the import and export duties and taxes together with any default interest due under the Customs laws and regulations of the Contracting Party in which an irregularity leading up to a claim against the guaranteeing association has been established in connection with a TIR operation. It shall be liable, jointly and severally with the persons from whom the sums mentioned above are due, for payment of such sums.

Article 8, paragraph 7

Delete the text of paragraph 7

Article 10, paragraph 2, line 1

For country read Contracting Party

Article 11, paragraph 1

Modify paragraph 1 to read:

1. Where a TIR operation has not been discharged, the competent authorities shall:

(a) notify the TIR Carnet holder at his address indicated in the TIR Carnet of the non-discharge;

(b) notify the guaranteeing association of the non-discharge.

The competent authorities shall notify the guaranteeing association with a maximum period of one year from the date of acceptance of the TIR Carnet by those authorities or two years when the certificate of termination of the TIR operation was falsified or obtained in an improper or fraudulent manner.

Article 11, paragraph 1

After paragraph 1 insert a new paragraph 2 to read:

2. Where the payment of the sums mentioned in Article 8, paragraphs 1 and 2 becomes due, the competent authorities shall, so far as possible, require payment from the person or persons liable for such payment before making a claim against the guaranteeing association.

Article 11, paragraph 2

Renumber paragraphs 2 and 3 to become paragraphs 3 and 4.

Article 11, new paragraph 3

Modify paragraph 3 to read:

3. The claim for payment of the sums referred to in Article 8, paragraphs 1 and 2 shall be made against the guaranteeing association at the earliest three months after the date on which the association was notified that the operation had not been discharged or that the certificate of termination of the TIR operation had been falsified or obtained in an improper or fraudulent manner and not more than two years after that date. However, in cases of TIR operations which, during the above-mentioned period of two years, become the subject of administrative or legal proceedings concerning the payment obligation of the person or persons referred to in paragraph 2 of this Article, any claim for payment shall be made within one year of the date on which the decision of the competent authorities or courts becomes enforceable.

Article 11, new paragraph 4

For the existing text read:

4. The guaranteeing association shall pay the amounts claimed within a period of three months from the date when a claim for payment is made against it.

5. The sums paid shall be reimbursed to the guaranteeing association if, within a two year period following the date on which the claim for payment was made against it, it has been established to the satisfaction of the competent authorities that no irregularity was committed in connection with the TIR operation in question. The two year time limit may be extended in accordance with national legislation.

Amendment 31

(Amendments which were adopted pursuant to Articles 59 and 60 of the Convention and which entered into force on 10 October 2013)

Amendment proposal to the TIR convention, 1975

adopted by the
Administrative Committee for the TIR Convention
on 9 February 2012

Article 6, paragraph 2 bis

Modify paragraph 2 bis to read:

2 bis. An international organization shall be authorized by the Administrative Committee to take on responsibility for the effective organization and functioning of an international guarantee system. The authorization shall be granted as long as the organization fulfils the conditions and requirements laid down in Annex 9, Part III. The Administrative Committee may revoke the authorization if these conditions and requirements are no longer fulfilled.

Annex 9, new part III

Insert a new part III to read:

Authorization of an international organization, as referred to in Article 6, to take on the responsibility for the effective organization and functioning of an international guarantee system and to print and distribute TIR Carnets

Conditions and requirements

1. The conditions and requirements to be complied with by an international organization in order to be authorized, in accordance with Article 6.2 bis of the Convention, by the Administrative Committee to take on the responsibility for the effective organization and functioning of an international guarantee system and to print and distribute TIR Carnets are:

(a) Proof of sound professional competence and financial standing for the effective organization and functioning of an international guarantee system and the organizational capabilities to fulfil its obligations under the Convention by means of annual submissions of consolidated financial statements duly audited by internationally recognized independent auditors;

(b) Absence of serious or repeated offences against Customs or tax legislation.

2. Pursuant to the authorization, the international organization shall:

(a) provide the Contracting Parties of the TIR Convention via the national associations affiliated to the international organization with certified copies of the global guarantee contract and proof of guarantee coverage;

(b) provide the competent bodies of the TIR Convention with information on the rules and procedures set out for the issue of TIR Carnets by national associations;

(c) provide the competent bodies of the TIR Convention, on a yearly basis, with data on claims lodged, pending, paid or settled without payment;

(d) provide the competent bodies of the TIR Convention with full and complete information on the functioning of the TIR system, in particular, but not limited to, timely and well founded information on trends in the number of non-terminated TIR operations, claims lodged, pending, paid or settled without payment that might give rise to concerns with regard to the proper functioning of the TIR system or that could lead to difficulties for the continued operation of its international guarantee system;

(e) provide the competent bodies of the TIR Convention with statistical data on the number of TIR Carnets distributed to each Contracting Party, broken down by type;

(f) provide the TIR Executive Board with details of the distribution price by the international organization of each type of TIR Carnet;

(g) take all possible steps to reduce the risk of counterfeiting TIR Carnets;

(h) take the appropriate corrective action in cases where faults or deficiencies with the TIR Carnet have been detected and report these to the TIR Executive Board;

(j) fully participate in cases where the TIR Executive Board is called upon to facilitate the settlement of disputes;

(k) ensure that any problem involving fraudulent activities or other difficulties with regard to the application of the TIR Convention is immediately brought to the attention of the TIR Executive Board;

(l) manage the control system for TIR Carnets, provided for in Annex 10 of the Convention, together with national guaranteeing associations affiliated to the international organization and the Customs authorities and inform the Contracting Parties and the competent bodies of the Convention of problems encountered in the system;

(m) provide the competent bodies of the TIR Convention with statistics and data on the performance of Contracting Parties with regard to the control system provided for in Annex 10;

(n) conclude, not less than two months before the provisional date of entry into force or renewal of the authorization granted in accordance with Article 6.2 bis of the Convention, a written agreement with the United Nations Economic Commission for Europe secretariat, mandated by and acting on behalf of the Administrative Committee, which shall include the acceptance by the international organization of its duties set out in this paragraph.

3. When the international organization is informed by a guaranteeing association of a claim for payment, it shall, within a period of three (3) months inform the guaranteeing association of its position concerning the claim.

4. All information acquired, directly or indirectly, by the international organization under the Convention, which is by nature confidential or which is provided on a confidential basis, shall be covered by the obligation of professional secrecy and shall not be used or processed neither for any commercial purpose nor for any other purpose than for which it has been provided or disclosed to any third party without the express permission of the person or authority that provided it. Such information may, however, be disclosed without permission to competent authorities of Contracting Parties to this Convention, where there is an authorization or obligation to do so pursuant to provisions of national or international law or in connection with legal proceedings. The disclosure or communication of information shall take place in full compliance with data-protection provisions in force.

5. The Administrative Committee shall have the right to revoke the authorization granted in accordance with Article 6.2bis in case of non-compliance with the above conditions and requirements. Should the Administrative Committee decide to revoke the authorization, the decision will become effective at the earliest six (6) months after the date of revocation.

6. The authorization of an international organization under the terms set out above shall be without prejudice to that organization’s responsibilities and liabilities under the Convention.

Amendment 32

(Amendments which were adopted pursuant to Article 60 of the Convention and which entered into force on 1 January 2015)

Amendment proposal to the TIR convention, 1975

adopted by the
Administrative Committee for the TIR Convention
on 6 February 2014 and 12 June 2014

Annex 1, page 11, point (5)

For HS code: 24.03.10 read HS code: 24.03.11 and 24.03.19

Annex 9, Part I, paragraph 3 (vi)

For the existing text read

(vi) provide the TIR Executive Board, annually, before 1 March with the price of each type of TIR Carnet it issues;

Amendment 33

(Amendments which were adopted pursuant to Article 60 of the Convention and which entered into force on 1 January 2017)

Amendment proposal to the TIR convention, 1975

adopted by the
Administrative Committee for the TIR Convention
on 10-11 February 2016

Annex 2, Article 4, paragraph 2, (i)

For the existing text substitute

(i) The sliding sheets, floor, doors and all other constituent parts of the load compartment shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces, or by such methods as will produce a structure which cannot be modified without leaving obvious traces.

Annex 2, Article 4, paragraph 2, (iii)

For the existing text substitute

(iii) The sliding sheet guidance, sliding sheet tension devices and other movable parts shall be assembled in such a way that when closed, and Customs sealed, doors and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding sheet guidance, sliding sheet tension devices and other movable parts shall be assembled in such a way that it is impossible to gain access to the load compartment without leaving obvious traces once the closing devices have been secured. An example of such a system of construction is given in sketch No. 9 appended to these Regulations.

Annex 2, new Article 5

After the modified Article 4 insert

Article 5

Vehicles with a sheeted sliding roof

1. Where applicable, the provisions of Articles 1, 2, 3 and 4 of these Regulations shall apply to vehicles with a sheeted sliding roof. In addition, these vehicles shall conform to the provisions of this Article.

2. The sheeted sliding roof shall fulfil the requirements set out in (i) to (iii) below.

(i) The sheeted sliding roof shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces, or by such methods as will produce a structure which cannot be modified without leaving obvious traces.

(ii) The sliding roof sheet shall overlap with the solid part of the roof at the front side of the load compartment, so that the roof sheet cannot be pulled over the top edge of the upper cantrail. In the length of the load compartment, at both sides, in the hem of the roof sheet, a pre-stressed steel cable shall be inserted in such a way that it cannot be removed and re-inserted without leaving obvious traces. The roof sheet shall be secured to the sliding carriage in such a way that it cannot be removed and re-secured without leaving obvious traces.

(iii) The sliding roof guidance, the sliding roof tension devices and other movable parts shall be assembled in such a way that when closed, and Customs sealed, doors, roof and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding roof guidance, sliding roof tension devices and other movable parts shall be assembled in such a way that it is impossible to gain access to the load compartment without leaving obvious traces once the closing devices have been secured.

An example of a possible system of construction is shown in sketch No.10, appended to these Regulations.

Annex 7, Part I, Article 5, paragraph 2, (i)

For the existing text substitute

(i) The sliding sheets, floor, doors and all other constituent parts of the container shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces, or by such methods as will produce a structure which cannot be modified without leaving obvious traces.

Annex 7, Part I, Article 5, paragraph 2,

(iii) For the existing text substitute (iii) The sliding sheet guidance, sliding sheet tension devices and other movable parts shall be assembled in such a way that when closed, and Customs sealed, doors and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding sheet guidance, sliding sheet tension devices and other movable parts shall be assembled in such a way that it is impossible to gain access to the container without leaving obvious traces once the closing devices has been secured. An example of such a system of construction is given in sketch No. 9 appended to these Regulations."

Annex 7, Part I, new Article 6

After the modified Article 5 insert

Article 6

Containers with a sheeted sliding roof

1. Where applicable, the provisions of Articles 1, 2, 3, 4 and 5 of these Regulations shall apply to containers with a sheeted sliding roof. In addition, these containers shall conform to the provisions of this Article.

2. The sheeted sliding roof shall fulfil the requirements set out in (i) to (iii) below.

(ii) The sliding roof sheet shall overlap with the solid part of the roof at the front side of the container, so that the roof sheet cannot be pulled over the top edge of the upper cantrail. In the length of the container, at both sides, in the hem of the roof sheet, a pre-stressed steel cable shall be inserted in such a way that it cannot be removed and re-inserted without leaving obvious traces. The roof sheet shall be secured to the sliding carriage in such a way that it cannot be removed and resecured without leaving obvious traces.

(iii) The sliding roof guidance, the sliding roof tension devices and other movable parts shall be assembled in such a way that when closed, and Customs sealed, doors, roof and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding roof guidance, sliding roof tension devices and other movable parts shall be assembled in such a way that it is impossible to gain access to the container without leaving obvious traces once the closing devices have been secured.

An example of a possible system of construction is shown in sketch No. 10, appended to these Regulations.

Amendment 34

(Amendme nts which werre adopted purrsuant to Articcle 60 of the Conventtion and whic h entered intoo force on 1 Juuly 2018)

Amendment proposal to the TIR convention, 1975

adopted by the
Administrative Committee for the TIR Convention
on 12 October 2017

Annex 8, Article 1 bis

After the existing text insert new paragraphs 4, 5 and 6 to read

4. The Committee shall receive and examine the annual audited financial statements and audit report(s) submitted by the international organization pursuant to the obligations under Annex 9, Part III. In the course and within the scope of its examination, the Committee may request that additional information, clarifications or documents be provided by the international organization or the independent external auditor.

5. Without prejudice to the examination mentioned in paragraph 4, the Committee shall, on the basis of a risk assessment, have the right to request additional examinations to be carried out. The Committee shall mandate the TIR Executive Board or request the competent United Nations services to carry out the risk assessment.

The scope of additional examinations shall be determined by the Committee, taking into account the risk assessment of the TIR Executive Board or of the competent United Nations services.

The results of all examinations referred to in this article shall be kept by the TIR Executive Board and provided to all Contracting Parties for due consideration.

6. The procedure for undertaking the additional examinations shall be approved by the Committee.

Annex 9, Part I, subtitle

Before conditions and requirements add Minimum

Annex 9, Part I, paragraph 1 (first line)

After The add minimum

Annex 9, Part I, paragraph 7

For Contracting Parties read that each Contracting Party

Annex 9, Part II, Procedure, Model Authorization Form, paragraph 1

For approved read authorized

Annex 9, Part III, paragraph 2

After subparagraph (n) insert new subparagraphs (o), (p) and (q) to read

(o) maintain separate records and accounts containing information and documentation which pertain to the organization and functioning of an international guarantee system and the printing and distribution of TIR Carnets;

(p) provide its full and timely cooperation, including, but not limited to, allowing access to the above records and accounts to the competent United Nations services or to any other duly authorized competent entity and, at all times, facilitating additional inspections and audits performed by them on behalf of Contracting Parties, pursuant to Annex 8, Article 1 bis, paragraphs 5 and 6;

(q) engage an independent external auditor to conduct annual audits of the records and accounts mentioned under subparagraph (o). The external audit shall be performed in accordance with International Standards on Auditing (ISA) and shall result in an annual audit report and a management letter which shall be submitted to the Administrative Committee.

Amendment 35

(Amendments which were adopted pursuant to Article 60 of the Convention and which entered into force on 3 February 2019)

Amendment proposal to the TIR convention, 1975

adopted by the
Administrative Committee for the TIR Convention
on 12 October 2017

Article 1, paragraph (q)

After customs authorities add or other competent authorities

Article 3, paragraph (b)

For approved read authorized

Article 6, paragraph 2

For approved read authorized

Article 11, paragraph 3

For three months read one month

Article 38, paragraph 1

For the existing text read

Each of the Contracting Parties shall have the right to exclude temporarily or permanently from the operation of this Convention any person guilty of a serious or repeated offence against the customs laws or regulations applicable to the international transport of goods. The conditions in which the offence against the customs laws or regulations is considered to be serious shall be decided by the Contracting Party.