Traditionally, in the course of international road transport, customs authorities, when crossing the territory of one or more states, use national control systems and procedures in each of them. They vary from state to state, but often involve the inspection of cargo at each national border and the application of national guarantee requirements (guarantee, customs bonds, deposits) in order to cover the possible amount of duties and charges during the transit of goods for each of the territories. Such measures, applied in each subsequent country of transit, lead to significant costs, delays and downtime during transportation. In this regard, the TIR system was designed to reduce the difficulties faced by the carrier and, at the same time, provide the customs authorities with an international control system capable of replacing traditional national procedures, while ensuring that each State through whose territory cargo transportation, income generation. The source of the TIR system is an agreement concluded in 1949 by a small number of European countries under the auspices of the Economic Commission for Europe.
The positive results of the application of this limited system led to the conclusion of the 1959 TIR Convention. This Convention was revised in 1975, taking into account the practical experience of the functioning of this system, as well as technical achievements and changing requirements. As a result, on 20 March 1978, the TIR Convention of 1975 entered into force. After entry into force, it replaced, in relations between the Contracting Parties, the 1959 TIR Convention, which was terminated. Nevertheless, the former Convention still remains in force, as one of the 38 Contracting Parties has not yet acceded to the new Convention. At present, the TIR Convention of 1975 counts 43 Contracting Parties, including the European Economic Community. In order to ensure minimal downtime during transport and, at the same time, to provide maximum guarantees for customs authorities in all transit countries, the TIR system contains four basic requirements:
in accordance with the TIR Convention, the carriage of goods must be carried out in containers or in cargo compartments of vehicles the design of which prevents access to the contents in the presence of customs seals and any attempt to reach this content t immediately visible. The Convention establishes standards for the design and approval procedures for the transport of vehicles and containers, as a result of which the transport of goods can be carried out using TIR only in vehicles or containers authorized in accordance with the above requirements or with the requirements of the 1972 Customs Convention on Containers .
Special provisions are applied to the transport of heavy and bulky goods that can not be carried out by conventional vehicles. Contracting Parties are required to recognize on their territories guaranteeing associations that must belong to the international guarantee system and assume the responsibility to bear any responsibility for this system of guarantees in relation to customs duties payable by other associations of this system in respect of claims arising on its territory.Such guarantee systems issue TIR Carnets for use by guaranteeing associations included in them, and the presentation of such a TIR Carnet in connection with the transit operation confirms the existence of a guarantee.
Consequently, such a system can be viewed as a sequence of national transit operations, based nevertheless on international rather than national measures, i. transportation under an international guarantee using an international transit document certified by the customs authorities of the country of departure and in the condition of safety of goods controlled by customs authorities with the help of seals and seals imposed in the country of departure. The only international guarantee system operating within the TIR system is operated by the International Road Transport Union (IRU) in Geneva, Switzerland. Initially, the TIR system was intended only for international road transport of goods. However, the restriction of the scope of this system only by road transport was gradually mitigated taking into account the needs of foreign trade.
The TIR Convention of 1975 now requires that at least part of the carriage be carried out by road. As a result, the Convention currently allows the carriage of goods not only by cars, but also by trailers in mixed rail and road transport, as well as by container transport by various modes of transport. Thus, at present, when carrying out a wide range of transport operations, one can take advantage of a proven system of international transit, which is of value, both for trade firms and for customs authorities. This system undoubtedly has advantages for the customs authorities, since it makes it possible to reduce the number of normal requirements established by national transit procedures (guarantees, documentation, control measures) or make them less stringent. At the same time, it avoids the need for a laborious and costly, in terms of equipment, physical examination in transit countries, which now boils down to only checking the seals, seals and external condition of the vehicle or container with the goods transported in transit in the country of destination, and provision of existing national guarantees, as well as the introduction of a national system for verifying documentation. In addition, there are also the advantages that international transit operations are carried out on one transit document – the TIR Carnet – which reduces the risk of misrepresentation to customs authorities.
Advantages for trade and transport firms are no less obvious. Cargoes can cross national borders with minimal delays on the part of customs authorities. By reducing transit barriers to the movement of foreign trade goods, the TIR system contributes to the development of international trade. It allows you to significantly reduce transportation costs by reducing delays in transit. In addition, the revised provisions of the TIR Convention, 1975, make it possible to make fuller use of its advantages for the transport of goods in containers. Lastly, by eliminating obstacles to international road transport due to customs control, it gives exporters greater freedom in terms of choosing the mode of transport most appropriate to meet their needs. The success of the TIR can be judged from the fact that it has gone far beyond the center of Europe. Now the TIR system covers almost all European countries.
The scope of its application has expanded and includes at present countries extending from the region of the Middle East to Afghanistan. It is being applied by the United States of America and Canada and has spread to the Maghreb countries in Africa. Another indicator of its success is that in 1952, 3243 TIR Carnets were issued, and in 1985, more than 860000.In order to make the TIR system as affordable as possible for all countries wishing to use it, the TIR Convention, 1975, is open to accession by all Members of the United Nations or any of its specialized agencies and similar international bodies. It is also open to any other state at the invitation of the United Nations General Assembly. The Administrative Committee, whose members are entitled to be all Contracting Parties, is responsible for resolving administrative matters related to this Convention. The Committee meets annually to review issues related to the application of the Convention and, if necessary, to make changes to it in accordance with current requirements.
1. International guarantee The TIR guarantee system has a simple principle of operation. Each association representing carriers in a given country and recognized by its customs authority, as well as the TIR Carnet holder in a joint and several liability guarantee the payment in that country of any duties and fees that may be payable in the event of any violation arising in the course of the transport operation, carried out on the territory of that country by national or foreign carriers using a TIR Carnet issued by this national guaranteeing association or association of another country. Consequently, each country benefits from the guarantee provided in the territory from all transport operations using the TIR Carnet on its territory.
National guaranteeing associations form a guarantee system, administered and financed by the International Road Transport Union (IRU) in Geneva (Switzerland). In the event of any violation, the customs authorities must, as far as possible, demand payment from the person directly responsible before making a claim to the guaranteeing association.
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