کنوانسیون تیر ۱۹۵۹ (قدیمی) · متن دوزبانه

THE CONTRACTING PARTIES,

DESIRING to facilitate the international transport of goods by road vehicle,

HAVE AGREED as follows:

For the purpose of this Convention:

(a) the term " import or export duties and taxes " shall mean not only Customs duties but also all duties and taxes whatsoever chargeable by reason of importation or exportation;

(b) the term " road vehicle " shall mean not only any road motor vehicle but also any trailer or semi-trailer designed to be drawn by such a vehicle;

(c) the term " container " shall mean an article of transport equipment (lift-van, movable tank or other similar structure):

(i) of a permanent character and accordingly strong enough to be suitable for repeated use;

(ii) specially designed to facilitate the carriage of goods, by one or more modes of transport, without intermediate reloading;

(iii) fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another;

(iv) so designed as to be easy to fill and empty; and

(v) having an internal volume of one cubic metre or more; the term " container " includes neither vehicles nor conventional packing;

(d) the term " Customs office of departure " shall mean any inland or frontier Customs office of a Contracting Party where the system provided by this Convention begins to apply to an international transport by road vehicle of a load or part-load of goods;

(e) the term " Customs office of destination " shall mean any inland or frontier Customs office of a Contracting Party where the system provided by this Convention ceases to apply to an international transport by road vehicle of a load or part-load of goods;

(f) the term " Customs office en route " shall mean any frontier Customs office of a Contracting Party which a road vehicle merely passes through in the course of an international transport under the system provided by this Conven tion;

(g) the term " persons " shall mean both natural and legal persons;

(h) the term " heavy or bulky goods " shall mean any object which, in the opinion of the Customs authorities of the Customs office of departure, cannot readily be dismantled for transport and of which

(i) the weight exceeds 7,000 kg; or

(ii) one dimension exceeds 5 metres; or

(iii) two dimensions exceed 2 metres; or

(iv) the height, taking account of the loading position, exceeds 2 metres.

This Convention shall apply to the transport of goods without intermediate reloading across one or more frontiers between a Customs office of departure of one Contracting Party and a Customs office of destination of another Contracting Party, or of the same Contracting Party, in road vehicles or in containers carried on such vehicles, notwithstanding that such vehicles are carried on another means of transport for part of the journey between the offices of departure and destination.

For the provisions of this Convention to become applicable:

(a) transport must be performed under the conditions set forth in Chapter III by means of road vehicles or containers previously approved; however, in the territory of Contracting Parties who have entered no reservation in accordance with paragraph 1 of Article 45 of this Convention, it may also, save in the cases covered by paragraph 2 of that Article, be performed by means of other road vehicles under the conditions set forth in Chapter IV;

(b) transport must be guaranteed by associations approved in accordance with the provisions of Article 5 and be performed under cover of a document known as the TIR carnet.

Provided the conditions laid down in this Chapter and in Chapter V are fulfilled, goods carried in sealed road vehicles or in sealed containers carried on road vehicles

(a) shall not be subjected to the payment or deposit of import or export duties and taxes at Customs offices en route; and

(b) shall not, as a general rule, be subjected to Customs examination at such offices.

However, in order to prevent abuse, the Customs authorities may, in exceptional cases and particularly when irregularity is suspected, carry out at such offices a summary or full examination of the goods.

1. Subject to such conditions and guarantees as it shall determine, each Contracting Party may authorize associations to issue TIR carnets either directly or through corresponding associations, and to act as guarantors.

2. An association shall not be approved in any country unless its guarantee covers the responsibilities incurred in that country in connexion with operations under cover of TIR carnets issued by foreign associations affiliated to the same international organization as that to which it is itself affiliated.

1. The guaranteeing association shall undertake to pay the import or export duties and taxes due, any interest due thereon, any other charges, and any pecuniary penalties incurred by the holder of the TIR carnet and the persons participating in the performance of the transport under the Customs laws and regulations of the country in which an offence has been committed. It shall be liable, jointly and severally with the persons from whom the sums mentioned above are due, for payment of such sums.

2. The fact that Customs authorities authorize the examination of the goods elsewhere than at a place where the business of Customs offices of departure or destination is usually conducted shall not affect the liability of the guaranteeing association.

3. The liability of the guaranteeing association to the authorities of a given country shall run only from the time when the TIR carnet is accepted by the Customs authorities of that country.

4. The liability of the guaranteeing association shall cover not only such goods as are enumerated in the TIR carnet, but also goods which, though not enumerated therein, are contained in the sealed section of the road vehicle or in the sealed container. It shall not extend to other goods.

5. For the purposes of determining the duties, taxes and, where applicable, pecuniary penalties mentioned in paragraph 1 of this Article, the particulars of the goods as entered in the TIR carnet shall be valid in the absence of proof to the contrary.

6. When the Customs authorities of a country have unconditionally discharged a TIR carnet they can no longer claim from the guaranteeing association payment of the amounts mentioned in paragraph 1 of this Article unless the certificate of discharge was obtained improperly or fraudulently.

7. Where a TIR carnet has not been discharged or has been discharged conditionally the competent authorities shall not have the right to claim from the guaranteeing association payment of the amounts mentioned in paragraph 1 of this Article unless, within one year of the date upon which the TIR carnet was taken on charge, they have notified the association of the non-discharge or conditional discharge. The same provision shall apply where the certificate of discharge was obtained improperly or fraudulently, save that the period shall be two years.

8. The claim for payment referred to in paragraph 1 of the present Article shall be made to the guaranteeing association within three years of the date when the association was informed that the carnet had not been discharged or had been discharged subject to a reservation or that the certificate of discharge had been obtained improperly or fraudulently. However, in cases which, during the above-mentioned period of three years, become the subject of legal proceedings, any claim for payment shall be made within one year of the date when the decision of the court becomes enforceable.

9. The guaranteeing association shall have a period of three months, from the date when a claim for payment is made upon it, in which to pay the amounts claimed. The amounts paid shall be reimbursed to the association if, within a period of twelve months from the date on which the claim for payment was made, it is established to the satisfaction of the Customs authorities that no irregularity took place as regards the transport operation in question.

1. The TIR carnet shall conform to the standard form contained in Annex I 1 to this Convention.

2. A TIR carnet shall be made out in respect of each road vehicle or container.

Such carnet shall be valid for one journey only; it shall contain such number of detachable vouchers for Customs control and discharge as are required for the transport operation concerned.

Transport under cover of a TIR carnet may involve several Customs offices of departure and destination; but, save as otherwise authorized by the Contracting Party or Parties concerned,

(a) the Customs offices of departure shall be situated in the same country, ( ) the Customs offices of destination shall be situated in not more than two countries, and

(c) the total number of Customs offices of departure and destination shall not exceed four.

At the Customs office of departure the goods, the road vehicle and, where appropriate, the container, shall be produced to the Customs authorities together with the TIR carnet for checking and the affixing of Customs seals.

For journeys on the territory of their country, the Customs authorities may fix a time-limit and require the road vehicle to follow a stipulated itinerary.

At each Customs office en route and at Customs offices of destination the road vehicle or container shall be produced with its load to the Customs authorities, together with the TIR carnet relating to the load.

Save where they examine the goods in accordance with the last sentence of

Article 4, the Customs authorities of the Customs offices en route of each of the

(a) in special cases require road vehicles to be escorted on the territory of their country, at the carrier's expense;

(b) require examination of road vehicles, containers and their loads to be carried out en route.

Loads shall be examined only in exceptional cases.

If the Customs authorities conduct an examination of the load of a road vehicle or of a container at a Customs office en route or in the course of the journey, they shall record on the TIR carnet vouchers used in their country and on the corresponding counterfoils particulars of the new seals affixed.

On arrival at the Customs office of destination, the TIR carnet shall be discharged without delay. If, however, the goods are not immediately entered under another Customs regime, the Customs authorities may reserve the right to make discharge of the carnet conditional upon a new liability being substituted for that of the association guaranteeing the said carnet.

When it is established to the satisfaction of the Customs authorities that goods the subject of a TIR carnet have been destroyed by force majeure exemption from payment of the duties and taxes normally chargeable shall be granted.

1. In order to fall within the provisions of this chapter, road vehicles must fulfil the conditions as regards construction and equipment set out in Annex 31 to this Convention and containers those set out in Annex 6.2

2. Road vehicles and containers shall be approved according to the procedures laid down in Annexes 41 and 72 to this Convention; the certificates of approval shall conform to the specimens reproduced in Annexes 53 and 8.*

1. No special document shall be required for a container used under cover of a TIR carnet, provided the characteristics and value of the container are entered in the " Goods Manifest " of the TIR carnet.

2. The provisions of paragraph 1 of this Article shall not prevent a Contracting Party requiring the fulfilment at the Customs office of destination of the formalities laid down by its national regulations or taking measures to prevent the container being used for a fresh consignment of goods intended for delivery within its territory.

1. The benefit of the provisions of this Chapter shall extend only to the transport of goods which are heavy or bulky goods as defined in sub-paragraph (h) of Article 1 of this Convention.

2. The benefit of the provisions of this Chapter shall be accorded only if, in the opinion of the Customs authorities of the Customs office of departure,

(a) the heavy or bulky goods and any accessories thereto can be easily identified by reference to the description given, or can be provided with identification marks, or can be sealed, so that the goods and accessories cannot be replaced in whole or in part by others and that nothing can be removed from them;

(b) the road vehicle contains no hidden spaces where goods can be concealed.

Provided the conditions laid down in this Chapter and in Chapter V are fulfilled, heavy or bulky goods carried under cover of a TIR carnet shall not be subjected to the payment or deposit of import or export duties and taxes at Customs offices en route.

* See p. 96 of this volume.

1. The provisions of Articles 5, 6 (except paragraph 4), 9, 10, 11, 15 and 16 of this Convention shall apply to the transport of heavy or bulky goods under cover of a TIR carnet.

2. The provisions of Article 7 shall also apply, but the cover and all vouchers of the TIR carnet shall bear the endorsement " Heavy or bulky goods " in bold red letters in the language in which the carnet is printed.

The liability of the guaranteeing association shall cover not only such goods as are enumerated in the TIR carnet, but also goods which, though not enumerated in the carnet, are on the loading platform or among the goods enumerated in the TIR carnet.

The Customs authorities of the Customs office of departure may require packing lists, photographs, blueprints etc. of the goods carried to be appended to the TIR carnet. In this case they shall visa these documents, one copy of the said documents shall be attached to the reverse of the cover page of the TIR carnet, and all the manifests of the TIR carnet shall incorporate a reference to such documents.

Transport of heavy or bulky goods under cover of a TIR carnet shall not involve more than one Customs office of departure or more than one Customs office of destination.

If the Customs authorities of a Customs office en route so require at the time of entry, the person who produces the load to the Customs office shall insert and sign a supplementary description of the goods in the TIR carnet manifests.

The Customs authorities may, if they see fit

(a) require examination of the vehicles and their loads at Customs offices en route or in the course of the journey; (A) require road vehicles to be escorted on the territory of their country at the carrier's expense.

The Customs authorities of the Customs office en route of each of the Contracting Parties shall, as far as possible, respect the identification marks and seals affixed by the Customs authorities of other Contracting Parties. They may, however, affix additional identification marks or seals of their own.

If Customs authorities conducting an examination of the load at a Customs office en route or in the course of the journey are obliged to remove identification marks or break seals, they shall record on the TIR carnet vouchers used in their country and on the corresponding counterfoils particulars of the new identification marks or seals affixed.

1. 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 offence against the Customs laws or regulations applicable to the international transport of goods by road vehicle.

2. Such exclusion shall be notified immediately to the Customs authorities of the Contracting Party on whose territory the person concerned is established or resident, and also to the guaranteeing association in the country where the offence has been committed.

TIR carnet forms sent to the guaranteeing associations by the corresponding foreign associations or by international organizations shall be admitted free of import duties and taxes and free of import prohibitions and restrictions.

When a road vehicle, or a combination of coupled road vehicles, is carrying out the international transport of goods under cover of a TIR carnet, a rectangular plate bearing the letters " TIR ", the specifications of which are laid down in Annex 91 to this Convention, shall be affixed to the front and to the rear of the vehicle or combination of vehicles. These plates shall be so placed as to be clearly visible; they shall be removable and capable of being sealed. The seals

Not in the English source text.

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1. Countries members of the Economic Commission for Europe and countries admitted to the Commission in a consultative capacity under paragraph 8 of the Commission's terms of reference may become Contracting Parties to this Convention

(a) by signing it;

(b) by ratifying it after signing it subject to ratification; or

(c) by acceding to it.

2. Such countries as may participate in certain activities of the Economic Commission for Europe in accordance with paragraph 11 of the Commission's terms of reference may become Contracting Parties to this Convention by acceding thereto after its entry into force.

3. The Convention shall be open for signature until 15 April 1959 inclusive.

Thereafter, it shall be open for accession.

4. Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.

1. This Convention shall come into force on the ninetieth day after five of the countries referred to in Article 39, paragraph 1, have signed it without reservation of ratification or have deposited their instruments of ratification or accession.

2. For any country ratifying or acceding to it after five countries have signed it without reservation of ratification or have deposited their instruments of ratification or accession, this Convention shall enter into force on the ninetieth day after the said country has deposited its instrument of ratification or accession.

1. Any Contracting Party may denounce this Convention by so notifying the Secretary-General of the United Nations.

2. Denunciation shall take effect fifteen months after the date of receipt by the Secretary-General of the notification of denunciation.

3. The validity of TIR carnets issued before the date when the denunciation takes effect shall not be affected thereby and the guarantee of the association shall hold good.

This Convention shall cease to have effect if, for any period of twelve consecutive months after its entry into force, the number of Contracting Parties is less than five.

1. Any country may at the time of signing this Convention without reservation of ratification or of depositing its instrument of ratification or accession or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. The Convention shall extend to the territory or territories named in the notification as from the ninetieth day after its receipt by the Secretary-General or, if on that day the Conven tion has not yet entered into force, at the time of its entry into force.

2. Any country which has made a declaration under the preceding paragraph extending this Convention to any territory for whose international relations it is responsible, may denounce the Convention separately in respect of that territory, in accordance with the provisions of Article 41.

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, so far as possible, be settled by negotiation between them.

2. Any dispute which is not settled by negotiation shall be submitted to arbitration if any one of the Contracting Parties in dispute so requests and shall be referred accordingly to one or more arbitrators selected by agreement between the Parties in dispute. If within three months from the date of the request for arbitration the Parties in dispute are unable to agree on the selection of an arbitrator or arbitrators, any of those Parties may request the SecretaryGeneral of the United Nations to nominate a single arbitrator to whom the dispute shall be referred for decision.

3. The decision of the arbitrator or arbitrators appointed under the preceding paragraph shall be binding on the Contracting Parties in dispute.

1. Any country may declare at the time of signing, ratifying, or acceding to this Convention, or notify the Secretary-General of the United Nations after becoming a Contracting Party to the Convention, that it does not consider itself bound by the provisions of Chapter IV of the Convention; notifications addressed to the Secretary-General shall take effect on the ninetieth day after their receipt by the Secretary-General.

2. The other Contracting Parties shall not be required to extend the benefit of the provisions of Chapter IV of this Convention to persons established or resident in the territory of any Contracting Party which has entered a reservation as provided for in paragraph 1 of this Article.

3. Any country may, at the time of signing, ratifying or acceding to this Convention, declare that it does not consider itself bound by paragraphs 2 and 3 of Article 44 of the Convention. Other Contracting Parties shall not be bound by these paragraphs in respect of any Contracting Party which has entered such a reservation.

4. Any Contracting Party having entered a reservation as provided for in paragraph 1 or paragraph 3 of this Article may at any time withdraw such reservation by notifying the Secretary-General.

5. Apart from the reservations provided for in paragraphs 1 and 3 of this

Article, no reservation to this Convention shall be permitted.

1. After this Convention has been in force for three years, any Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing the Conven tion. The Secretary-General shall notify all Contracting Parties of the request and a review conference shall be convened by the Secretary-General if, within a period of four months following the date of notification by the SecretaryGeneral, not less than one-third of the Contracting Parties notify him of their concurrence with the request.

2. If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all the Contracting Parties and invite them to submit, within a period of three months, such proposals as they may wish the conference to consider. The Secretary-General shall circulate to all Contracting Parties the provisional agenda for the conference, together with the text of such proposals, at least three months before the date on which the conference is to meet.

3. The Secretary-General shall invite to any conference convened in accordance with this Article all countries referred to in Article 39, paragraph 1, and countries which have become Contracting Parties under Article 39, paragraph 2.

1. Any Contracting Party may propose one or more amendments to this Convention. The text of any proposed amendment shall be transmitted to the Secretary-General of the United Nations, who shall transmit it to all Contracting Parties and inform all other countries referred to in Article 39, paragraph 1.

2. Any proposed amendment circulated in accordance with the preceding paragraph shall be deemed to be accepted if no Contracting Party expresses an objection within a period of three months following the date of circulation of the proposed amendment by the Secretary-General.

3. The Secretary-General shall, as soon as possible, notify all Contracting Parties whether an objection to the proposed amendment has been expressed.

If an objection to the proposed amendment has been expressed, the amendment shall be deemed not to have been accepted, and shall be of no effect whatever, If no such objection has been expressed the amendment shall enter into force for all Contracting Parties nine months after the expiry of the period of three months referred to in the preceding paragraph.

4. Independently of the amendment procedure laid down in paragraphs 1, 2 and 3 of this Article, the Annexes to this Convention may be modified by agreement between the competent administrations of all the Contracting Parties; such agreement may provide that during a transitional period the old Annexes shall remain in force, wholly or in part, concurrently with the new Annexes.

The Secretary-General shall fix the date of entry into force of the new texts resulting from such modifications.

In addition to the notifications provided for in Articles 46 and 47, the Secretary-General of the United Nations shall notify the countries referred to in

Article 39, paragraph 1, and the countries which have become Contracting Parties under Article 39, paragraph 2, of

(a) signatures, ratifications and accessions under Article 39;

(b) the dates of entry into force of this Convention, in accordance with Article 40;

(c) denunciations under Article 41;

(d) the termination of this Convention in accordance with Article 42;

(e) notifications received in accordance with Article 43;

(f) declarations and notifications received in accordance with Article 45, paragraphs 1, 3 and 4;

(g) the entry into force of any amendment in accordance with Article 47.

As soon as a country which is a Contracting Party to the Agreement providing for the provisional application of the Draft International Customs Conventions on Touring, on Commercial Road Vehicles, and on the International Transport of Goods by Road, done at Geneva on 16 June 1949,1 becomes a Contracting Party to this Convention, it shall take the measures required by

Article IV of that Agreement to denounce it as regards the Draft International Customs Convention on the International Transport of Goods by Road.

The Protocol of Signature of this Convention shall have the same force, effect and duration as the Convention itself, of which it shall be considered to be an integral part.

After 15 April 1959, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the countries mentioned in Article 39, paragraphs 1 and 2.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.

DONE at Geneva, this fifteenth day of January one thousand nine hundred and fifty-nine, in a single copy, in the English and French languages, each text being equally authentic. p. 353; Vol. 68, p. 279; Vol. 71, p. 326; Vol. 73, p. 272; Vol. 76, p. 278; Vol. 101, p. 289; Vol. 121. p. 329; Vol. 127, p. 331; Vol. 185, p. 394; Vol. 212, p. 296; Vol. 257, p. 361; Vol. 304, p. 348; Vol. 313, p. 336; Vol. 320, p. 324; Vol. 324, p. 298, and Vol. 338, p. 332.

For Albania: Pour l'Albanie:

For Austria: Pour l'Autriche:

Sous réserve de ratification1 le 15 février 1959 Dr. Josef STANGELBERGER For Belgium: Pour la Belgique:

Sous réserve de ratification1 le 4 mars 1959 J. ÉTIENNE For Bulgaria: Pour la Bulgarie:

En déclarant n'être pas lié par les paragraphes 2 et 3 de l'article 442 Genève, le 15.IV. 1959 A. BELINSKI For the Byelorussian Soviet Socialist Pour la République socialiste sovié- Republic: tique de Biélorussie:

For Czechoslovakia: Pour la Tchécoslovaquie; For Denmark: Pour le Danemark:

Le 15.IV. 1959 Erik HAUGE "Subject to ratification.

* Declaring that it is not bound by paragraphs 2 and 3 of article 44.

1960 Nations Unies — Recueil des Traités 45 For the Federal Republic of Germany: Pour la République fédérale d'Alle magne:

Sous réserve de ratification1 le 13 avril 1959 Rudolf THIERFELDER For Finland Pour la Finlande; For France: Pour la France:

Sous réserve de ratification1 le 14 avril 1959

DE CURTON For Greece: Pour la Grèce:

For Hungary:

For Iceland:

For Ireland:

Pour la Hongrie:

Pour l'Islande:

Pour l'Irlande:

For Italy: Pour l'Italie:

Alberto BERIO Sous réserve de ratification1 le 15 avril 1959 For Luxembourg: Pour le Luxembourg; Sous réserve de ratification1 I. BESSLING le 14 avril 1959 1 Subject to ratification.

For the Netherlands: Pour les Pays-Bas Sous réserve de ratification1 le 9 avril 1959 W. H. J. VAN ASCH VAN WlJCK For Norway:

For Poland:

For Portugal:

For Romania:

For Spain:

For Sweden:

For Switzerland:

For Turkey:

Pour la Norvège:

Pour la Pologne:

Pour le Portugal:

Pour la Roumanie:

Pour l'Espagne Pour la Suède:

B. KOLLBERG 14 April 1959 Pour la Suisse:

Sous réserve de ratification1 Ch. LENZ Pour la Turquie:

For the Ukrainian Soviet Socialist Pour la République socialiste sovié- Republic: tique d'Ukraine:

1 Subject to ratification.

1960 Nations Unies — Recueil des Traités 47 For thé Union of Soviet Socialist Pour l'Union des Républiques sociaRepublics: listes soviétiques:

For thé United Kingdom of Great Pour le Royaume-Uni de GrandeBritain and Northern Ireland: Bretagne et d'Irlande du Nord:

Subject to ratification1 April 13, 1959 E. SNIDERS For thé United States of America: Pour les États-Unis d'Amérique:

For Yugoslavia: Pour la Yougoslavie:

1 Sous réserve de ratification.

The TIR carnet shall be printed in French.

Page I of the Cover (Particulars of the international organizations to which the issuing association is affiliated)

TIR CARNET

2. Valid up to and including

3. Issued by ..........

(name of issuing association)

4. Holder ......................................................

(name and address)

5. Country of departure ...............................

6. Country or countries of destination .............

7. Road vehicle registration No. .......................................

8. Certificate of approval of road vehicle/container (*) No.

9. Date:

10. Total gross weight of goods (as shown in the manifest)

11. Total value of goods (as shown in the manifest) .........

(to be given in the currency of the country of departure or in a currency prescribed by the competent authorities of that country)

12. Signature of authorized official of the 13. Signature of the secretary of the issuing association and stamp of international organization: that association:

(1) Strike out whichever does not apply.

Page 2 of the Cover I, the undersigned, ................................................................................. acting on behalf of (*) .................................................................................

.................................................................. (name and address of holder),

(a) declare that the goods specified on the attached manifest have been loaded in the road vehicle/container (*•) for the destination shown overleaf;

(b) undertake, under pain of the penalties prescribed by the laws and regulations in force in the countries through or in which the goods are to be carried, to produce, with this carnet, the said goods in full and with the seals intact, if seals have been affixed, at the Customs offices en route and of destination, and to observe the time-limits and itinerary as laid down;

(c) undertake to conform to the Customs laws and regulations of the countries through or in which the goods are to be carried.

At ................... on .................. 19......

(signature of holder or agent) (*) Strike out as necessary.

1. Voucher 1 (Parti)

2. TIR carnet No. =

3. GOODS MANIFEST

4. Country of consignment of the goods listed under Nos. .............................................

5. Country of destination of the goods listed under Serial number 6 Marks and Nos. of packages 7 Number \ Type of packages 8 9 Description of goods 10 Gross weight 11 Net weight, volume, number, etc.

12 Value 13 14

15. This manifest covers in all ......................... packages, of which the first......................... are consigned (in full) (in full) to .......................................... Customs office, the next ................................................

(place and country) (in full) to................................................... Customs office, and the remainder to ..............................

(place and country) (place and country)

16. I declare the above particulars to be true and complete.

17. At ........................................ on ..............................

18. Signature of holder or agent ..Customs office

19. Customs officer's signature and stamp of the Customs office where goods are taken under Customs control:

(Customs office of departure) fr nf t-t,o man^

21. Voucher 1 (Part 2)

31. CERTIFICATE for goods taken under Customs control by the Customs office of departure or Customs office of entry en route 33 Under No

40. Customs officer's signature and Customs office stamp:

(as shown in the manifest)

41. NOTE: The Customs office of departure or Customs office of entry en route must repeat the particulars given in this certificate on the next voucher with even number.

Strike out whichever does not apply.

42. THIS VOUCHER MUST BE DETACHED AND KEPT BY THE CUSTOMS OFFICE OF DEPARTURE OR THE CUSTOMS OFFICE OF ENTRY EN ROUTE AS THE CASE MAY BE.

1. Counterfoil 1

2. of TIR Carnet No.:

6. Seals affixed or identification marks .

3. Taken under Customs control on .

4. under No. .....—........_...........

5. by the office at ......................

7. Seals or identification marks recognized ,

8. Customs office at which the transport must be produced .................._...._....................

9. at ..................... date ..............................

10. Customs officer's signature and Customs office stamp:

UNDERTAICING TO BE SIGNED, IF THE CUSTOMS AUTHORITIES so REQUIRE, BY THE PERSON

PRESENTING THE LOAD TO THE CUSTOMS OFFICE I, the undersigned, undertake to observe, as regards the transport operation covered by this TIR carnet, the laws and regulations applicable and, in particular, to observe the time limit and itinerary laid down and to produce the goods in full with Customs seals intact, at the Customs office of ..........................................................................................

At ............... on .................. 19...

(signature) 1 8 S El w <q en 1 1

21. Voucher 2 (Part 2)

22. of TIR Carnet No.: j valid up to and including

23. Issued by ......................................................................................................................................................... (name of issuing association)

24. To ........................................................................................................................................................................... (name of holder)

25. Whose place of business is at ....................................................................................................................................... (address of holder)

26. Customs offices of departure: 1. ............................................. 2. ................................................ 3. ................................................

27. Customs offices en route ......................___..............._._..................._...........................................................................................•.....•<

28. Customs offices of destination: 1. ............................................. 2. ................................................ 3. ................................................

(as shown in the manifest)

29. Registration No. of road vehicle ................................................................................................................................................................"

30. Certificate of approval of road vehicle/container (*) No. .............................................................................. dated .............................................

31. CERTIFICATE for goods taken under Customs control at Customs office of departure or Customs office of entry en route

32. This voucher has been registered at the Customs office at ................

33. undeV'Noi"!;!;;;!;!!;!;;;!;;;;;;!!;;;;!;;;;;;;.";;;;;;;;";;;;;;;;;;!!"";;;;;"'.;;;;;;

34. Time-limit assigned for journey ........................................._.......

35. Customs office at which the load must be produced

36. Itinerary stipulated by the Customs ...................

37. Seals affixed or identification marks ......

38. Seals or identification marks recognized

39. Miscellaneous (for description of goods, if necessary)

40. Customs officer's signature and Customs office stamp:

41. NOTE: This certificate must be filled in by the Customs office which completed the preceding voucher with odd number.

(*) Strike out as necessary 42.

46.

47.

48.

49.

CERTIFICATE of discharge by Customs office of exit en route or Customs office of destination.

The road vehicle/container specified above has been produced in good condition. The seals and identification marks were intact and have been recognized.

The road vehicle/container has proceeded on its way abroad/to the Customs office at ..........................................................*••'• It was ascertained that the road vehicle/container contained ............... packages consigned to this office as specified in the above manifest.

Reservations or nature of offences ascertained ...........................

Discharge has been given (subject to the above reservations) of under takings entered into under No. .............................................

At ............................................. on .................................

Customs officer's signature and Customs office stamp:

50. THIS VOUCHER MUST BE DETACHED BY THE CUSTOMS OFFICE OF EXIT EN ROUTE OR THE CUSTOMS! OFFICE OF DESTINATION AS THE CASE MAY BE AND SENT AFTER COMPLETION TO THE OFFICE (OF THE SAME COUNTRY) WHERE THE GOODS

WERE TAKEN UNDER CUSTOMS CONTROL 1.

2.

Counterfoil 2 of TIR Carnet No.

6. Seals or identification marks intact ............

3. Arrival certified on .———............................ 7.

4. Under No. ................................................ 8.

5. bytheofficeat .............................................

Discharged without reservation ...............

Reservations or nature of offences ascertained 9.

10.

At .................................... Date ..................

Customs officer's signature and Customs office stamp:

Page 3 of the Cover

RULES FOR THE USE OF THE TIR CARNET

1. The TIR carnet shall be issued either in the country of departure or in the country in which the holder is established or resident.

2. The TIR carnet is printed in French; however, additional pages may be inserted giving a translation, in the language of the country of issue, of the printed text of the carnet.

3. The manifest shall be completed in the language of the country of departure. The Customs authorities of the other countries traversed reserve the right to require its translation into their own language. In order to avoid unnecessary delay which might ensue from this requirement, carriers are advised to supply the driver of the vehicle with the requisite translations.

4.

(a) It is particularly recommended that the manifest should be typed or multigraphed in such a way that all the forms are clearly legible.

(b) When there is not enough space in the goods manifest to enter all the goods carried, separate sheets of the same model as the manifest may be attached to the latter, but all copies of the manifests must then contain the following particulars:

(i) a reference to the sheets;

(ii) the number and type of packages and goods in bulk enumerated on the separate sheets;

(iii) the total value and the total gross weight of the goods appearing on the said sheets.

(c) Where the Customs authorities require packing lists, photographs, blue-prints, etc., to be appended to the TIR carnet for the exact designation of the goods, such appendices shall bear the visa of the Customs authorities. One copy of these documents shall be attached overleaf to page 2 of the cover of the TIR carnet and all copies of the manifest shall include a list of such documents.

5. Weights, volume and other measurements shall be expressed in units of the metric system, and values in the currency of the country of departure or in a currency prescribed by the competent authorities of that country.

6. No erasures or over-writing shall be effected on the TIR carnet. Any correction shall be effected by deleting the incorrect particulars and adding, if necessary, the required particulars. Any correction, addition or other amendment shall be acknowledged by the person making it and visaed by the Customs authorities.

7. Page 2 of the cover of the TIR carnet and each copy of the manifest shall be dated and signed by the holder of the carnet or his agent. The person presenting the load to the Customs office shall, if the Customs authorities so require, sign the undertaking on the reverse of the vouchers with odd numbers.

8. Transport of heavy or bulky goods under cover of a TIR carnet may not involve more than one Customs office of departure or more than one Customs office of destination. Other transport under cover of a TIR carnet may involve several Customs offices of departure and destination, but, save as specially authorized:

(a) the Customs offices of departure must be situated in the same country;

(b) the Customs offices of destination may not be situated in more than two countries;

(c) the total number of Customs offices of departure and destination may not exceed four.

If there is only one Customs office of departure and one Customs office of destination, the carnet must contain at least 2 forms for the country of departure, 2 forms for the country of destination and 2 forms for each country traversed. For each extra place of loading or unloading 2 extra forms are required; in addition, 2 further forms are required if the places of unloading are situated in two different countries.

9. If there are several Customs offices of departure or of destination, the entries concerning the goods taken under Customs control at, or intended for, each office shall be clearly separated from each other on the manifest.

10. The driver of the vehicle is advised to make sure that a voucher of the TIR carnet is detached by the Customs at each Customs office of departure, Customs office en route and Customs office of destination. Vouchers with odd numbers are to be used for taking the goods under Customs control and those with even numbers for discharging them.

11. In the event of Customs seals being broken or goods being destroyed or damaged accidentally en route the carrier shall ensure that a certified report is drawn up as quickly as possible by the authorities of the country in which the vehicle is located.

The carrier shall approach the Customs authorities, if there are any near at hand, or, if not, any other competent authorities. Carriers shall accordingly provide themselves with copies of the certified report form laid down in Annex 2 to the TIR Convention; these forms shall be printed in French and in the national language of each country traversed.

12. In the event of an accident necessitating transfer of the load to another vehicle or another container, this may only be done in the presence of one of the authorities mentioned in the previous paragraph; the latter will draw up a certified report, testifying to the regularity of the proceedings. Unless the TIR carnet carries the words " Heavy or bulky goods ", the vehicle or container substituted shall be approved and sealed and the seals used shall be described in the certified report.

However, if no approved vehicle or container is available, transfer to a non-approved vehicle or container may be authorized, provided it affords adequate safeguards; in the latter event the Customs authorities of succeeding countries will judge whether they, too, can allow the transport under cover of the TIR carnet to continue in that vehicle or container.

13. In the event of imminent danger necessitating immediate unloading of the whole or part of the load, the driver may take action on his own initiative without requesting or awaiting intervention by the authorities mentioned in paragraph 11. He must then furnish adequate proof that he was compelled to take such action in the interests of the vehicle or container or of the load. Having taken such preventive measures as the emergency may necessitate, he shall record them on page 4 of the cover of the TIR carnet and notify the authorities mentioned in paragraph 11 in order that the facts may be verified, the load checked, the vehicle or container sealed and a certified report drawn up.

14. In any of the various contingencies covered by paragraphs 11, 12 and 13, the authorities concerned shall mention the certified report on page 4 of the cover of the TIR carnet. The certified report shall be attached to the TIR carnet and accompany the load to the Customs office of destination.

Page 4 of the Cover INCIDENTS OR ACCIDENTS " EN ROUTE

The certified reports shall be completed on forms printed in one of the languages of the country in which the occurrence took place and in French.

1. INTERNATIONAL TRANSPORT OF GOODS BY ROAD VEHICLE UNDER COVER OF A TIR CARNET

2. CERTIFIED REPORT

3. drawn up in pursuance of paragraphs 11-14 of the Rules for the Use of the TIR carnet

4. WE, THE UNDERSIGNED (x) ........................................................................

5. CERTIFY that on .................. one thousand nine hundred ...... at ......... hours

6. on the territory of ........................ at the place known as........................

7. we examined the road vehicle registered in ...................................................

8. under No. ..........................................................................................

9. carrying goods under cover of a TIR carnet,

10. issued on ................................................... under No. ........................

11. byH ................................................................................................

12. WE ESTABLISHED that:

13. the undermentioned seals of the Customs office of departure of ........................ and the Customs office of .....................................................................

14. were broken/missing;(3)

15. the loading compartment of the road vehicle/the container(3) was no longer intact;

16. no goods were missing; (3)

17. the following goods (in the order of entry in the TIR carnet manifest) were missing/ 18.

Marks & Nos.

of packages Number and type of packages Description of goods Remarks (give particulars of quantities missing) (J) Name and rank of officials and designation of authority to which they belong.

(a) Name and address of issuing association.

(') Strike out whichever does not apply.

19. The carrier gave the following explanations (cause of seals breaking or of loss of goods, measures taken to save goods, etc.) ................................................

20. WE, THE UNDERSIGNED, CERTIFY that

21. the following measures were taken (affixing of new seals, transfer of load, etc.)......

22. Number and particulars of new seals affixed ............................

23. Particulars of road vehicle/container^) to which load transferred ....

24. The said road vehicle/container^) —

25. is covered by certificate of approval No. .........................

26. is not covered by a certificate of approval^1)

27. Signature and stamp of officials who drew up this certified report:

28. Visa of frontier Customs office of exit of country in which this certified report was drawn up:

(') Strike out whichever does not apply.

Article 1

GENERAL

1. Approval for the international transport of goods by road vehicle under Customs seal may be granted only for vehicles constructed and equipped in such a manner that:

(a) Customs seals can be simply and effectively affixed thereto;

(b) no goods can be removed from or introduced into the sealed part of the vehicle without obvious damage to it or without breaking the seals;

(c) they contain no concealed spaces where goods may be hidden.

2. The vehicles shall be so constructed that all spaces in the form of compartments, receptacles or other recesses which are capable of holding goods are readily accessible for Customs inspection.

3. Should any empty spaces be formed by the different layers of the sides, floor and roof of the vehicle, the inside surface shall be firmly fixed, solid and unbroken and incapable of being dismantled without leaving obvious traces.

Article 2

STRUCTURE OF LOADING COMPARTMENT

1. The sides, floor and roof of the loading compartment shall be constructed of plates, boards or panels of sufficient strength, of adequate thickness, and welded, riveted, grooved or jointed in such a way as not to leave any gaps in the structure through which access to the contents can be obtained. The various parts shall fit each other exactly and be so arranged that it is impossible either to move or remove them without leaving visible traces or damaging the Customs seals.

2. Where assembly is effected by means of rivets, the latter may be seated on the outside or the inside; the rivets used for the assembly of essential parts of the sides, floor and roof must pass through the assembled parts. Where assembly is effected otherwise than by means of rivets, the bolts or other joining devices holding the essential parts of the sides, floor and roof shall be seated on the outside, protrude on the inside and be properly bolted, riveted or welded in a satisfactory manner. Bolts and other joining devices, not holding the above-mentioned essential parts, may be seated on the inside, provided that the nut is welded in a satisfactory manner on the outside and is not covered with nontransparent material. Vehicles of which the floor, roof or sides are formed of metal plates or panels, the edges of which are curved or folded inwards and assembled inside by means of rivets, bolts, or a similar system, shall also be accepted provided that the rivets, bolts or other joining devices pass through the curved or folded edges of the plates or panels and through the device (if any) which connects these edges and that, when the compartment is closed, it is impossible to move or remove the plates or panels thus assembled.

3. Apertures for ventilation shall be allowed provided their longest side does not exceed 400 mm. If they permit direct access to the interior of the loading compartment, they shall be covered with metal 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). If they do not permit direct access to the interior of the loading compartment (for example, by means of multiple-bend air ducts), they shall be provided with the same protective devices but the dimensions of the holes may be increased to 10 mm and 20 mm respectively (instead of 3 mm and 10 mm). It shall not be possible to remove these devices from outside without leaving visible traces. Metal gauze shall be of wire at least 1 mm in diameter and so made that single strands cannot be pushed together and that the size of individual holes cannot be increased without leaving visible traces.

4. Windows shall be allowed provided that they comprise a fixed glass and metal grill which cannot be removed from the outside. The holes of the grill shall not exceed 10 mm across.

5. Openings made in the floor for technical purposes, such as lubrication, maintenance and filling of the sand-box, shall be allowed only on condition that they are fitted with a cover capable of being fixed in such a way as to render the loading compartment inaccessible from the outside.

Article 3

CLOSING SYSTEMS

1. Doors and all other closing systems of vehicles shall be fitted with a device which shall permit simple and effective Customs sealing. This device shall either be welded to the sides of doors where these are of metal, or secured by at least two bolts, riveted or welded to the nuts on the inside.

2. Hinges shall be so made and fitted that doors and other closing systems cannot be lifted off the hinge-pins, once shut; the screws, bolts, hinge-pins and other fasteners shall be welded to the outer parts of the hinges. These requirements shall be waived however, where the doors and other closing systems have a locking device inaccessible from the outside which, once it is applied, prevents the doors from being lifted off the hinge-pins.

3. Doors shall be so constructed as to cover all interstices and ensure complete and effective closure.

4. The vehicle shall be provided with a satisfactory device for protecting the Customs seal, or shall be so constructed that the Customs seal is adequately protected.

Article 4

VEHICLES FOR SPECIAL USE

1. The foregoing conditions shall apply to insulated vehicles, refrigerator vehicles, tank vehicles and furniture vehicles in so far as they are not incompatible with the technical requirements which such vehicles must fulfil in accordance with their use.

2. The flanges (filler caps), drain cocks and manholes of tank wagons shall be so con structed as to allow simple and effective Customs sealing.

Article 5

SHEETED VEHICLES

1. Where applicable, the provisions of Articles 2 to 4 above shall apply to sheeted vehicles. In addition, these vehicles shall conform to the following conditions.

2. The sheet shall be of strong canvas and fashioned in one piece or of strips each in one piece. It shall be in good condition and made up in such a way that once the closing device has been secured, it is impossible to gain access to the load without leaving obvious traces.

3. If the sheet is made up of several strips, their edges shall be folded into one another and sewn together with two seams at least 15 mm apart. These seams shall be made as shown in sketch No. I1 attached to the present regulations; however, where in the case of certain parts of the sheet, such as flaps at the rear and reinforced corners, it is not possible to assemble the strips in that way, it shall be sufficient to fold the edge of the top section and make the seams as shown in sketch No. 22 attached to these regulations.

The threads used for each of the two seams shall be plainly different in colour; one of the seams shall be visible only from the inside and the colour of the thread used for that seam shall be plainly different from the colour of the sheet itself. Repairs shall be made in accordance with the method described in sketch No. 33 attached to these regulations.

In the case of repairs, the edges shall be folded into one another and sewn together with two visible seams at least 15 mm apart; the colour of the thread visible from the inside shall be different from that of the thread visible on the outside and from that of the sheet itself. All seams shall be machine-sewn.

4. Securing rings shall be so fitted that they cannot be removed from the outside.

Eyelets in the sheet shall be reinforced with metal or leather. The interval between eyelets or rings shall not exceed 200 mm.

5. The sheet shall be so fixed to the sides as to render the load quite inaccessible. It shall be supported by hoops, and at least by three hoops when the length of the platform

6. The following types of fastening shall be used:

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

(b) hemp or sisal rope at least 8 mm thick encased in a transparent non-tensible plastic sheath; or

(c) iron bars at least 8 mm in diameter.

Steel wire ropes shall not be covered, except with a transparent non-tensible plastic sheath. Iron bars shall not be coated with non-transparent material.

7. Each wire rope or hemp or sisal rope shall be in one piece and have a metal end-piece.

The fastener of each metal end-piece shall include a hollow rivet passing through the rope so as to allow the introduction of the string of the Customs seal. The rope shall remain visible on either side of the hollow rivet so that it is possible to ascertain whether the rope is in one piece (see sketch No. 41 attached to these regulations).

8. Each iron bar shall be in one piece. It shall have a hole at one end to take the closing device and, at the other end, a head forged to the bar and so constructed as to make it impossible for the bar to turn on its axis.

9. When ropes are used the sides of the vehicles shall be at least 350 mm high and the sheet shall cover the sides to a depth of at least 300 mm.

10. At the openings used for loading and unloading the vehicle, the two edges of the sheet shall have an adequate overlap. They shall likewise be fastened by a flap attached to the outside and sewn in accordance with paragraph 3 of this Article. In addition to the fastenings referred to in paragraph 6, leather thongs may be accepted, provided that they are at least 20 mm wide and 3 mm thick. These thongs shall be attached inside the sheet and fitted with eyelets to take the wire, rope or iron bar mentioned in paragraph 6.

(a) Vehicles shall be approved by the competent authorities of the country in which the owner or carrier is resident or established.

(b) The date and serial number of the approval decision must be specified.

(c) A certificate of approval conforming to the standard form of Annex 5 shall be issued for approved vehicles. This certificate shall be printed in the language of the country of issue and in French; and the various headings shall be numbered so that the text may be more readily understood in other languages.

(d) This certificate shall be kept on the vehicle; if necessary, photographs or diagrams taken or drawn in accordance with the directions of the Issuing Office and authenticated by that Office shall be attached to this certificate.

(e) Vehicles shall be produced every two years to the competent authorities for purposes of inspection and renewal of approval where appropriate.

(f) Approval shall lapse if the essential features of the vehicle are altered or on change of owner or carrier.

1. Certificate No. ......

2. Attesting that the vehicle specified below fulfils the conditions required for admission to international transport of goods under Customs seal.

3. Valid until ..........................................................................................

4. This certificate must be returned to the Issuing Office when the vehicle is taken off the road, or on change of owner or carrier, on expiry of the period of validity of the certificate, or if there is any material change in any essential particulars of the vehicle.

5. Type of vehicle ....................................................................................

6. Name and business address of holder (owner or carrier) ....................................

7. Name or trade-mark of the maker ...............................................................

8. Chassis number ....................................................................................

9. Engine number ....................................................................................

10. Registration number ..............................................................................

11. Other particulars ....................................................................................

12. Annexes* .............................. (state number)

13. Issued at........................... (place) on .................................... (date) 19......

14. Signature and stamp of issuing office at ......................................................

* 15. N. B.—Photographs or diagrams taken or drawn in accordance with the directions of the Issuing Office and authenticated by that Office shall be attached to this certificate.

Article 1

GENERAL

1. Approval for the international transport of goods by road vehicle under Customs seal may be granted only for containers durably marked with the name and address of the owner, with particulars of the tare and with identification marks and numbers, and con structed and equipped in such a manner that—

(a) Customs seals can be simply and effectively affixed thereto; (è) no goods can be removed from or introduced into the sealed part of the container without obvious damage to it or without breaking the seals;

(c) they contain no spaces where goods may be hidden.

2. The container shall be so constructed that all spaces in the form of compartments, receptacles or other recesses which are capable of holding goods are readily accessible for Customs inspection.

3. Should any empty spaces be formed by the different layers of the sides, floor and roof of the container, the inside surface shall be firmly fixed, solid and unbroken and in capable of being dismantled without leaving obvious traces.

4. Containers to be approved in accordance with the procedure referred to in Annex 7 shall have on one of their outside walls a frame to hold the certificate of approval, which shall be covered on both sides by transparent plastic sheets hermetically sealed together.

This frame shall be so designed as to protect the certificate of approval and to make it impossible to extract the certificate without breaking the seal that will be affixed in order to prevent the removal of the certificate; it shall also adequately protect the seal.

Article 2

STRUCTURE OF CONTAINER

1. The sides, floor and roof of the container shall be constructed of plates, boards or panels of sufficient strength, of adequate thickness, and welded, riveted, grooved or jointed in such a way as not to leave any gaps in the structure through which access to the contents can be obtained. The various parts shall fit each other exactly and be so arranged that it is impossible either to move or remove them without leaving visible traces or damaging the Customs seals.

2. Essential joints, such as bolts, rivets, etc. shall be seated on the outside, protrude on the inside and be bolted, riveted or welded in a satisfactory manner. If the bolts holding the essential parts of the sides, floor and roof are seated on the outside, the other bolts may be seated on the inside, provided that the nut is properly welded on the outside and is not covered with non-transparent paint.

3. Apertures for ventilation shall be allowed provided their longest side does not exceed 400 mm. If they permit direct access to the interior of the container, they shall be covered with metal 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). If they do not permit direct access to the interior of the container (for example, by means of multiple-bend air ducts), they shall be provided with the same protective devices but the dimensions of the holes may be increased to 10 mm and 20 mm respectively (instead of 3 mm and 10 mm). It shall not be possible to remove these devices from out side the container without leaving visible traces. Metal gauze shall be of wire at least 1 mm in diameter and so made that single strands cannot be pushed together and that the size of individual holes cannot be increased without leaving visible traces.

4. Apertures for drainage shall be allowed provided their longest side does not exceed 35 mm. They shall be covered with metal gauze or perforated metal screens (maximum dimension of holes: 3 mm in both cases) protected by welded metal lattice-work (maximum dimension of holes: 10 mm). It shall not be possible to remove these devices from outside the container without leaving visible traces.

Article 3

CLOSING SYSTEMS

1. Doors and all other closing systems of containers shall be fitted with a device which shall permit simple and effective Customs sealing. This device shall either be welded to the sides of doors where these are of metal, or secured by at least two bolts, riveted or welded to the nuts on the inside.

2. Hinges shall be so made and fitted that doors and other closing systems cannot be lifted off the hinge-pins, once shut; the screws, bolts, hinge-pins and other fasteners shall be welded to the outer parts of the hinges. These requirements shall be waived, however, where the doors and other closing systems have a locking device inaccessible from the outside which, once it is applied, prevents the doors from being lifted off the hinge-pins,

3. Doors shall be so constructed as to cover all interstices and ensure complete and effective closure.

4. Containers shall be provided with a satisfactory device for protecting the Customs seal, or shall be so constructed that the Customs seal is adequately protected.

Article 4

CONTAINERS FOR SPECIAL USE

1. The foregoing conditions shall apply to insulated and refrigerator containers, tank containers, furniture containers and to containers specially built for carriage by air in so far as they are not incompatible with the technical requirements which such containers must fulfil in accordance with their use.

2. The flanges (filler caps), drain cocks and manholes of tank containers shall be so con structed as to allow simple and effective Customs sealing.

Article 5

FOLDING OR COLLAPSIBLE CONTAINERS Folding or collapsible containers are subject to the same conditions as non-folding or non-collapsible containers, provided that the locking devices enabling them to be folded or collapsed allow of Customs sealing and that no part of such containers can be moved without breaking the seals.

Article 5

TRANSITIONAL PROVISIONS The provisions of Article 1, paragraph 4, and of Article 3, paragraph 4, of the present regulations, and the provisions of paragraphs 3 and 4 of Article 2 which relate to the use of welded metal lattice-work for protecting apertures for ventilation, other than those with multiple-bend air ducts or apertures for drainage, shall not become mandatory before 1 January 1961, but certificates of approval issued before that date for containers which do not conform to these provisions will not be valid after 31 December 1960.

The procedure for the approval of containers shall be as follows: a) Containers may be approved by the competent authorities of the country in which the owner is resident or established or by those of the country where the container is used for the first time for transport under Customs seal.

(b) The date and serial number of the approval decision must be specified.

(c) A certificate of approval conforming to the standard form reproduced in Annex 8 shall be issued for approved containers. This certificate shall be printed in the language of the country of issue and in French, and the various headings shall be numbered, so that the text may be more readily understood in other languages. The certificate shall be covered on both sides by hermetically sealed transparent plastic sheets.

(d) The certificate shall accompany the container; it shall be inserted in the protective frame mentioned in Article 1 of Annex 6 and so sealed that it cannot be extracted from the protective frame without breaking the seal.

(e) Containers shall be produced every two years to the competent authorities for purposes of inspection and renewal of approval where appropriate.

(f) Approval shall lapse if the essential features of the container are altered or on change of ownership.

1. Certificate No. ......

2. Attesting that the container specified below fulfils the conditions for transport under Customs seal.

3. Valid until

4. This Certificate must be returned to the Issuing Office when the container is taken out of service, or on change of ownership, on expiry of the period of validity of the certificate, or if there is any material change in any essential particulars of the container.

5. Kind of container .................................................................................

6. Name and business address of owner ............................................................

7. Identification marks and numbers ...............................................................

8. Tare ...................................................................................................

9. External dimensions in centimetres cm x cm x cm.

10. Essential particulars of structure (nature of materials, nature of construction, parts which are reinforced, whether bolts are riveted or welded etc.) ........................

11. Issued at ........................... (place) on .................................... (date) 19......

12. Signature and stamp of Issuing Office ......................................................

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.

At the time of signing the Convention of this day's date, 1 the undersigned, duly authorized, make the following declarations:

1. The terms of this Convention set out minimum facilities. It is not the intention of the Contracting Parties to restrict the wider facilities which are granted or may be granted by certain of them in respect of the international transport of goods by road. Contracting Parties may, in particular, agree amongst themselves to consider goods which do not strictly conform to the definition in Article 1, sub-paragraph (h), of the Convention as coming under the conditions laid down in chapter IV of the Convention.

2. The provisions of this Convention shall not preclude the application of other provisions, whether national or in Conventions, governing transport.

3. As far as is practicable, the Contracting Parties shall facilitate

—operations at Customs offices relating to perishable goods, and

—the execution outside normal working days and hours of Customs formalities at Customs offices en route.

4. The Contracting Parties recognize that the satisfactory operation of this Convention requires the provision of facilities to the associations concerned for

(a) the transfer of the currency necessary for the payment of import duties and import taxes and any pecuniary penalties claimed by the authorities of Contracting Parties in virtue of the provisions of this Convention; and

(b) the transfer of currency for payment for TIR carnet forms sent to the guaranteeing associations by the corresponding foreign associations or by the international organizations.

5. ad Articles 1 (a), 4 and 20 The provisions contained in Articles 4 and 20 shall not preclude the levy of small charges in the nature of statistical fees.

6. ad Article 3 7 Each Contracting Party shall consider whether certain restrictions or certain controls might not be dispensed with or relaxed at Customs offices en route in the case of transport operations covered by Chapter III of this Convention, in view of the safeguards afforded in the case of these operations by the system laid down in the Convention.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Protocol.

DONE at Geneva, this fifteenth day of January one thousand nine hundred and fifty-nine, in a single copy in the English and French languages, each text being equally authentic.

[The signatures following the Protocol of signature are the same as those which follow the Convention; see p. 44 to 47 of this volume.}