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21987A0813(01)

In short

This law is a convention establishing a common transit procedure between the European Economic Community and several other European countries. It aims to standardize the customs transit process for goods moving between these participating states.

What it regulates

  • A common transit procedure for goods.
  • Customs transit systems.
  • Forms and customs documents used in transit.
  • Guarantees related to transit procedures.

Who it concerns

  • The European Economic Community.
  • The Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden, and the Swiss Confederation.

Key points

  • The document was created on 15/06/1987 and came into effect on 01/01/1988.
  • It was signed on 20/05/1987 in Interlaken.
  • The authentic languages include the official languages, German, English, Danish, Spanish, French, Greek, Italian, Dutch, Portuguese, Finnish, Icelandic, Norwegian, and Swedish.
  • The convention has been subject to numerous amendments since its inception.
Įstatymo tekstas
Įstatymo tekstas
Obsah (4)Article 15Article 18Article 38Article 47

21987A0813(01) 21987A0813(01) Convention between the European Economic Community, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Swede

Article 15.) Article 16 1.

The same means of transport may be used for the loading of goods at more than one office of departure and for unloading at more than one office of destination. 2. Each T 1 declaration shall include only the goods loaded or to be loaded on a single means of transport for carriage from one office of departure to one office of destination. For the purposes of the preceding subparagraph the following shall be regarded as constituting a single means of transport, on condition that the goods carried are to be dispatched together: (

  1. a)a road vehicle accompanied by its trailer(
  2. s)or semi-trailer(s); (
  3. b)a line of coupled railway carriages or wagons; (
  4. c)boats constituting a single chain; (
  5. d)containers loaded on a means of transport within the meaning of this Article. Article 17 1. The office of departure shall register the T 1 declaration, prescribe the period within which the goods must be produced at the office of destination, and take such measures for identification as it considers necessary. 2. Having entered the necessary particulars on the T 1 declaration, the office of departure shall retain its copy and return the others to the principal or his representative. Article 18 (

Article 18.) Article 19 1.

The copies of the T 1 document delivered to the principal or to his representative by the office of departure must accompany the goods.

  1. Goods shall be carried via the offices of transit mentioned in the T 1 document. If circumstances justify it, other offices of transit may be used.
  2. For supervision purposes, each country may prescribe transit routes within its territory.
  3. Each country shall provide the Commission of the European Communities with a list of customs offices authorized to deal with T 1 operations, stating at what hours they are open. The Commission shall communicate this information to the other countries. Article 20 Copies of the T 1 document shall be produced in each country as required by the customs authorities, who may satisfy themselves that the seals are unbroken. The goods shall not be inspected unless some irregularity is suspected which could result in abuse. Article 21 The consignment as well as the copies of the T 1 document shall be produced at each office of transit. Article 22
  4. The carrier shall give each office of transit a transit advice note. The design of the transit advice note is laid down in Appendix II.
  5. The offices of transit shall not inspect the goods unless some irregularity is suspected which could result in abuse.
  6. If, in accordance with the provisions of Article 19

(2), goods are carried via an office of transit other than that mentioned in the T 1 document, that office shall without delay send the transit advice note to the office mentioned in that document. Article 23 Where goods are loaded or unloaded at any intermediate office, copies of the T 1 document issued by the office(s) of departure must be produced. Article 24
  1. The goods described on a T 1 document may, without renewal of the declaration, be transferred to another means of transport under the supervision of the customs authorities of the country in whose territory the transfer is made. In such a case, the customs authorities shall record the relevant details on the T 1 document.
  2. The customs authorities may, subject to such conditions as they shall determine, authorize such transfer without supervision. In such a case the carrier shall record the relevant details on the T 1 document and inform the next customs office at which the goods must be presented, so that the transfer is officially certified by the customs authorities. Article 25
  3. If seals are broken in the course of carriage without the carrier so intending, he shall, as soon as possible, request that a certified report be drawn up in the country in which the means of transport is located, by the customs authority if there is one nearby or, if not, by any other competent authority. The authority concerned shall, if possible, affix new seals.
  4. In the event of an accident necessitating transfer to another means of transport the provisions of Article 24 shall apply. If there is no customs authority nearby, any other approved authority may act in its place under the conditions laid down in Article 24
(1).
  1. In the event of imminent danger necessitating immediate unloading of the whole or part of the load, the carrier may take action on his own initiative. He shall record such action on the T 1 document. The provisions of paragraph 1 shall apply in such case.
  2. If, as a result of accidents or other incidents arising in the course of carriage, the carrier is not in a position to observe the time limit referred to in Article 17, he shall inform the competent authority referred to in paragraph 1 as soon as possible. That authority shall then record the relevant details on the T 1 document. Article 26
  3. The office of destination shall record on the copies of the T 1 document the details of controls and shall without delay send a copy to the office of departure and retain the other copy.
  4. (This Article does not contain paragraph 2.)
  5. Where the goods are produced at the office of destination after expiry of the time limit prescribed by the office of departure and where this failure to comply with the time limit is due to circumstances which are explained to the satisfaction of the office of destination and which are beyond the control of the carrier or the principal, the latter shall be deemed to have complied with the time limit prescribed.
  6. Without prejudice to Articles 34 and 51 of Appendix II a T 1 operation may be terminated at an office other than that specified in the T 1 document, provided that both offices belong to the same Contracting Party. That office shall then become the office of destination. If, exceptionally, it should prove necessary to produce the goods with the intention of terminating their transport at an office other than that specified in the T 1 document and the two offices belong to different Contracting Parties, the customs authorities at the office where the goods are produced may authorize the change in office of destination. The new office of destination shall enter in the 'Control by office of destination' box of the return copy of the T 1 document, in addition to the usual statements which it is obliged to enter, one of the following statements: - Diferencias: mercancżas presentadas en la aduana . . . . (nombre y pażs) - Forskelle: det toldsted, hvor varerne blev frembudt . . . . (navn og land) - Unstimmigkeiten: Zollstelle der Gestellung . . . . (Name und Land) - ÄłńŠ˙ęąĖ: õüĘ˙ęõžüńĮń Ęę˙ėś˙üłėųążĮń ėĮ˙ Įõūųżõč˙^.^.^. (Žż˙üń śńł šžęń) - Differences: office where goods were presented . . . . (name and country) - Diffłrences: marchandises prłsentłes au bureau . . . . (nom et pays) - Differenze: ufficio al quale sono state presentate le merci . . . . (nome e paese) - Verschillen: kantoor waar de goederen zijn aangebracht . . . . (naam en land) - Diferen÷as: mercadorias apresentadas na estóncia . . . . (nome e pażs) - Muutos: toimipaikka, jossa tavarat esitetty . . . . (nimi ja maa) - Breying: Tollstjėraskrifstofa Ųar sem vŠrum var framvisad . . . . (Nafn og land) - Forskjell: det tollsted hvor varene ble fremlagt . . . . (navn og land) - Avvikelse: tullanstalt dōr varorna anmōldes . . . . (namn och land) However, no such change of office of destination shall be authorized in respect of a T 1 document bearing one of the following endorsements: - Salida de la Comunidad sometida a restricciones - UdfŲrsel fra Föllesskabet undergivet restriktioner - Ausgang aus der Gemeinschaft Beschrōnkungen unterworfen - łÅž˙ō˙Ė ńĘŽ Į÷ż Ź˙łżŽĮ÷Įń įĘ˙śõčüõż÷ ėõ Ęõęł˙ęłėü˙žĖ - Export from the Community subject to restrictions - Sortie de la Communautł soumise š des restrictions - Uscita dalla Comunitš assoggettata a restrizioni - Verlaten van de Gemeenschap aan beperkingen onderworpen - Sażda da Comunidade sujeita a restri÷įes - Salida de la Comunidad sujeta a pago de derechos - UdfŲrsel fra Föllesskabet betinget af afgiftsbetaling - Ausgang aus der Gemeinschaft Abgabenerhebung unterworfen - łÅž˙ō˙Ė ńĘŽ Į÷ż Ź˙łżŽĮ÷Įń įĘ˙śõčüõż÷ ėõ õĘłņĄęįżė÷ - Export from the Community subject to duty - Sortie de la Communautł soumise š imposition - Uscita dalla Comunitš assoggettata a tassazione - Verlaten van de Gemeenschap aan belastingheffing onderworpen - Sażda da Comunidade sujeita a pagamento de imposi÷įes The office of departure shall not discharge the T 1 document until all the obligations arising from the change in office of destination have been complied with. Where appropriate, it shall inform the guarantor of the non-discharge. Article 27
  7. In order to ensure collection of the duties and other charges which each country is authorized to charge in respect of goods passing through its territory in the course of a T 1 operation the principal shall furnish a guarantee, except as otherwise provided in this Appendix.
  8. The guarantee may be comprehensive, covering a number of T 1 operations, or individual, covering a single T 1 operation.
  9. Subject to the provisions of Article 33
(2), the guarantee shall consist of the joint and several guarantee of a natural or legal third person established in the country in which the guarantee is provided who is approved as guarantor by that country. Article 28
  1. The person standing as guarantor under the conditions referred to in Article 27 shall be responsible for designating, in each of the countries through which the goods will be carried in the course of a T 1 operation, a natural or legal third person who also will stand as guarantor for the principal. Such guarantor must be established in the country in question and must undertake, jointly and severally with the principal, to pay the duties and other charges chargeable in that country.
  2. The application of paragraph 1 shall be subject to a decision by the Joint Committee as a result of an examination of the conditions under which the Contracting Parties have been able to exercise their right of recovery in accordance with Article
  3. Article 29
  4. The guarantee referred to in Article 27
(3), shall be in the form of one of the specimen guarantees shown as Specimen I or II annexed to this Appendix, as appropriate. 2. When the provisions laid down by national law, regulation or administrative action, or common practice so require, each country may allow the guarantee to be in a different form, on condition that it has the same legal effects as the documents shown as specimens. Article 30 1. A comprehensive guarantee shall be lodged with an office of guarantee. 2. The office of guarantee shall determine the amount of the guarantee, accept the guarantor's undertaking and issue an authorization allowing the principal to carry out, within the limits of the guarantee, any T 1 operation irrespective of the office of departure. 3. Each person who has obtained authorization shall, subject to the conditions laid down by the competent authorities of the countries concerned, be issued with one or more copies of a certificate of guarantee. The design of the certificate of guarantee is laid down in Appendix II. 4. Reference to this certificate shall be made in each T 1 declaration. Article 31 1. The office of guarantee may revoke the authorization if the conditions under which it was issued no longer exist. 2. Each country shall notify the Commission of the European Communities of any revocation of authorization. The Commission shall communicate this information to the other countries. Article 32 1. Each country may accept that the natural or legal third person standing as guarantor under the conditions laid down in Articles 27 and 28 guarantees, by a single guarantee and for a flat-rate amount of 7 000 ECU in respect of each declaration, payment of duties and other charges which may become chargeable in the course of a T 1 operation carried out under his responsibility, whoever the principal may be. If carriage of the goods presents increased risks, having regard in particular to the amount of duties and other charges to which they are liable in one or more countries, the flat-rate shall be fixed by the office of departure at a higher level. The guarantee referred to in the first subparagraph shall conform to Specimen III annexed to this Appendix. 2. The exchange values in national currencies of the ECU to be applied under this Convention shall be calculated once a year. 3. The following is laid down in Appendix II: (
  1. a)movements of goods which may give rise to an increase in the flat-rate amount, and the conditions under which such an increase shall apply; (
  2. b)the conditions under which the guarantee referred to in paragraph 1 shall apply to any particular T 1 operation; (
  3. c)the detailed rules for applying the exchange values in national currencies of the ECU. Article 33 1. An individual guarantee furnished for a single T 1 operation shall be lodged at the office of departure. 2. The guarantee may be a cash deposit. In such a case, the amount shall be fixed by the competent authorities of the countries concerned and the guarantee must be renewed at each office of transit within the meaning of the first indent of Article 11 (d). Article 34 Without prejudice to national provisions prescribing other cases of exemption, the principal shall be exempted by the competent authorities of the countries concerned from payment of duties and other charges in the case of: (
  4. a)goods which have been destroyed as a result of force majeure or unavoidable accident duly proven; or (
  5. b)officially recognized shortages arising from the nature of the goods. Article 35 The guarantor shall be released from his obligations towards the country through which goods were carried in the course of a T 1 operation when the T 1 document has been discharged at the office of departure. When the guarantor has not been notified by the competent customs authorities of the country of departure of the non-discharge of the T 1 document, he shall likewise be released from his obligations upon expiry of a period of 12 months from the date of registration of the T 1 declaration. Where, within the period provided for in the second subparagraph, the guarantor has been notified by the competent customs authorities of the non-discharge of the T 1 document, he must, in addition, be informed that he is or may be liable to pay the amounts for which he is liable in respect of the T 1 operation in question. This notification must reach the guarantor not later than three years after the date of registration of the T 1 declaration. Where no such notification has been made before the expiry of the aforementioned time limit, the guarantor shall likewise be released from his obligations. Article 36 1. When it is found that, in the course of a T 1 operation, an offence or irregularity has been committed in a particular country, the recovery of duties or other charges which may be chargeable shall be effected by that country in accordance with its provisions laid down by law, regulation or administrative action, without prejudice to the institution of criminal proceedings. 2. If the place of the offence or irregularity cannot be determined, it shall be deemed to have been committed: (
  6. a)when, in the course of a T 1 operation, the offence or irregularity is detected at an office of transit situated at an internal frontier: in the country which the means of transport or the goods have just left; (
  7. b)when, in the course of a T 1 operation, the offence or irregularity is detected at an office of transit within the meaning of the second indent of Article 11 (d): in the country to which that office belongs; (
  8. c)when, in the course of a T 1 operation, the offence or irregularity is detected in the territory of a country elsewhere than at an office of transit: in the country in which it is detected; (
  9. d)when the consignment has not been produced at the office of destination: in the last country which the means of transport or the goods are shown by the transit advice note to have entered; (
  10. e)when the offence or irregularity is detected after the T 1 operation has been concluded: in the country in which it is detected. Article 37 1. The T 1 documents issued in accordance with the rules, and the identification measures taken by the customs authorities of one country, shall have the same legal effects in other countries as the T 1 documents issued in accordance with the rules and the identification measures taken by the customs authorities of each of those countries. 2. The findings of the competent authorities of a country made when inspections are carried out under the T 1 procedure shall have the same force in other countries as findings of the competent authorities of each of those countries. Article 38 (

Article 38.) TITLE III T 2 PROCEDURE Article 39 1.

Any goods that are to be carried under the T 2 procedure shall be the subject, in accordance with the conditions laid down in this Convention, of a T 2 declaration to be entered on a form corresponding to the specimen forms contained in Appendix III. The declaration referred to in subparagraph 1 shall bear the symbol 'T 2'. In the event of use of supplementary forms, the symbol 'T 2 bis' must be indicated on those forms.

  1. The provisions of Title II shall apply mutatis mutandis to the T 2 procedure. Articles 40 and 41 (This Appendix does not contain Articles 40 and 41.) TITLE IV SPECIAL PROVISIONS APPLYING TO CERTAIN MODES OF TRANSPORT Article 42
  2. The railway authorities of the countries concerned shall be exempt from the requirement to furnish a guarantee.
  3. The provisions of Articles 19

(2)and
(3), Articles 21 and 22 shall not apply to the carriage of goods by rail. 3. For the purposes of applying Article 36
(2)(d), the records kept by the railway authorities shall be substituted for transit advice notes. Article 43
  1. N° guarantee need be furnished for the carriage of goods on the Rhine and the Rhine waterways.
  2. Each country may dispense with the furnishing of a guarantee in respect of the carriage of goods on other waterways situated in its territory. It shall forward details of the measures taken to that effect to the Commission of the European Communities which shall inform the other countries. Article 44
  3. Goods, the transport of which involves crossing an internal frontier within the meaning of the second subparagraph of Article 11 (g), need not be placed under the T 1 or T 2 procedure before crossing the said frontier.
  4. Paragraph 1 shall not apply when the carriage of goods by sea, under a single contract of carriage, is to be followed, beyond the port of unloading, by carriage by land or inland waterway under a transit procedure except when carriage beyond that port is to be effected under the Rhine Manifest procedure.
  5. When goods have been placed under the T 1 or T 2 procedure before crossing the internal frontier, the effect of that procedure shall be suspended during the crossing of the high seas.
  6. N° guarantee need be furnished for the carriage of goods by sea. Article 45
  7. The T 1 or T 2 procedure shall not be compulsory for the carriage of goods by air unless they are subject to measures entailing control of their use or destination.
  8. In cases where a T 1 or T 2 procedure is used for carriage effected wholly or partly by air, no guarantee need be furnished to cover the air portion of the journey of goods carried by undertakings authorized to undertake such carriage by scheduled or non-scheduled services in countries concerned. Article 46
  9. The T 1 or T 2 procedure shall not be compulsory for the carriage of goods by pipeline.
  10. In cases where such procedure is used for the carriage of goods by pipeline no guarantee need be furnished. Article 47 (

Article 47.) TITLE V SPECIAL PROVISIONS APPLYING TO POSTAL CONSIGNMENTS Article 48 1.

In derogation from the provisions of Article 1 the T 1 or T 2 procedure shall not apply to postal consignments (including postal packages).

  1. (This Article does not contain paragraph 2.) TITLE VI SPECIAL PROVISIONS APPLYING TO GOODS CARRIED BY TRAVELLERS OR CONTAINED IN THEIR LUGGAGE Article 49
  2. The T 1 or T 2 procedure shall not be compulsory for the carriage of goods accompanying travellers or contained in their luggage, if the goods concerned are not intended for commercial use.
  3. (This Article does not contain paragraph 2.) Articles 50 to 61 (This Appendix does not contain Articles 50 to 61.) ANNEX This Annex contains the specimens for the different guarantee systems applicable under the Common Transit Procedure and the Community Transit SPECIMEN I COMMON TRANSIT PROCEDURE/COMMUNITY TRANSIT COMPREHENSIVE GUARANTEE (Comprehensive guarantee covering several transit operations under the Convention on a Common Transit Procedure/several Community transit operations under the relevant Community Regulations) II. Undertaking by the Guarantor
  4. The undersigned (¹) . . resident at (²) . . hereby jointly and severally guarantees, at the office of guarantee of . up to a maximum amount of . in favour of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great Britain and Northern Ireland, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation (³), any amount for which a principal (%) . may be or become liable to the abovementioned States by reason of infringements or irregularities committed in the course of a transit operation under the Convention on a Common Transit Procedure/Community transit carried out by that person, including duties, taxes, agricultural levies and other charges - with the exception of pecuniary penalties - as regards principal or further liabilities, expenses and incidentals.
  5. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the States referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested up to the limit of the abovementioned maximum amount, unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the transit operation under the Convention on a Common Transit Procedure/Community transit was conducted without any infringement or irregularity within the meaning of paragraph
  6. The competent authorities may, upon request of the undersigned and for any reasons recognized to be valid, defer the period within which the undersigned is obliged to pay the requested sums beyond a period of 30 days from the date of application for payment. The expenses incurred, from granting this additional period, and in particular any interest, must be calculated in such a way that the amount is equivalent to that which would be charged to that end on the money market or financial market in the State concerned. This amount may not be reduced by the sums already paid in pursuance of this undertaking unless recourse is had to the undersigned in respect of a transit operation under the Convention on a Common Transit Procedure/Community transit which began before the receipt of the earlier application for payment or during the 30 days following that receipt. (¹) Surname and forenames, or name of firm. (²) Full address. (³) Delete the name of any State or States of which the territory will not be used. (%) Surname and forenames, or name of firm, and full address of the principal.
  7. This undertaking shall be valid from the day of its acceptance by the office of guarantee. This guarantee may be cancelled at any time by the undersigned, or by the State in the territory of which the office of guarantee is situated. The cancellation shall take effect on the 16th day after notification thereof to the other party. The undersigned shall remain responsible for payment of the sums which become payable in respect of transit operations under the Convention on a Common Transit Procedure/Community transit covered by this undertaking which began before the date on which the cancellation took effect, even if the demand for payment is made after that date.
  8. For the purpose of this undertaking the undersigned gives his address for service (¹), as (²) . . and, in each of the other States referred to in paragraph 1, as care of: >TABLE POSITION> The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his addresses for service shall be accepted as duly delivered to him. The undersigned acknowledges the jurisdiction of the courts of the places where he has an address for service. The undersigned undertakes to maintain his addresses for service or, if he has to alter one or more of those addresses, to inform the office of guarantee in advance. Done at . on . . (Signature)

(1)II. Acceptance by the office of guarantee Office of guarantee . Guarantor's undertaking accepted on . . (Stamp and signature) SPECIMEN II COMMON TRANSIT PROCEDURE/COMMUNITY TRANSIT GUARANTEE FOR A SINGLE OPERATION (Guarantee covering a single transit operation under the Convention on a Common Transit Procedure/a single Community transit operation under the relevant Community Regulations) II. Undertaking by the guarantor
  1. The undersigned (¹) . . resident at (²) . . hereby jointly and severally guarantees, at the office of departure of . in favour of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, The Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great Britain and Northern Ireland, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation (³), any amount for which a principal (%) . may be or become liable to the abovementioned States by reason of infringements or irregularities committed in the course of a transit operation under the Convention on a Common Transit Procedure/Community transit carried out by that person from the office of departure of . to the office of destination of . in respect of the goods designated hereinafter, including duties, agricultural levies and other charges - with the exception of pecuniary penalties - as regards principal or further liabilities, expenses and incidentals.
  2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the States referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the transit operation under the Convention on a Common Transit Procedure/Community transit was conducted without any infringement or irregularity within the meaning of paragraph
  3. The competent authorities may, upon request of the undersigned and for any reasons recognized to be valid defer the period within which the undersigned is obliged to pay the requested sums beyond a period of 30 days from the date of application for payment. The expenses incurred, from granting this additional period, and in particular any interest, must be calculated in such a way that the amount is equivalent to that which would be charged to that end on the money market or financial market in the State concerned.
  4. This undertaking shall be valid from the day of its acceptance by the office of departure. (¹) Surname and forenames, or name of firm. (²) Full address. (³) Delete the name of any State or States of which the territory will not be used. (%) Surname and forenames, or name of firm, and full address of the principal.
  5. For the purposes of this undertaking, the undersigned gives his address for service (¹) as (²) . . and, in each of the other States referred to in paragraph 1, as care of: >TABLE POSITION> The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his addresses for service shall be accepted as duly delivered to him. The undersigned acknowledges the jurisdiction of the courts of the places where he has an address for service. The undersigned undertakes to maintain his addresses for service or, if he has to alter one or more of those addresses, to inform the office of guarantee in advance. Done at. on . . (Signature)
(2)II. Acceptance by the office of departure Office of departure . Guarantor's undertaking accepted on ........................ to cover the T 1/T 2
(3)transit operation, issued on . under N° . . (Stamp and signature) SPECIMEN III COMMON TRANSIT PROCEDURE/COMMUNITY TRANSIT FLAT-RATE GUARANTEE (Flat-rate guarantee system) II. Undertaking by the guarantor
  1. The undersigned (¹) . . resident at (²) . . hereby jointly and severally guarantees, at the office of guarantee of . in favour of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Portuguese Republic, the United Kingdom of Great Britain and Northern Ireland, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation, any amount for which a principal may become liable to the abovementioned States by reason of infringements or irregularities committed in the course of a transit operation under the Convention on a Common Transit Procedure/Community transit operation including duties, taxes, agricultural levies and other charges - with the exception of pecuniary penalties - as regards principal or further liabilities, expenses and incidental charges with regard to which the undersigned has agreed to be responsible by the issue of guarantee vouchers up to a maximum amount of 7 000 ECU per guarantee voucher.
  2. The undersigned undertakes to pay upon the first application in writing by the competent authorities of the States referred to in paragraph 1 and without being able to defer payment beyond a period of 30 days from the date of application the sums requested up to 7 000 ECU per guarantee voucher, unless he or she or any other person concerned establishes before the expiry of that period, to the satisfaction of the competent authorities, that the transit operation under the Convention on a Common Transit Procedure/Community transit was conducted without any infringement or irregularity within the meaning of paragraph
  3. The competent authorities may upon request of the undersigned and for any reasons recognized to be valid, defer the period within which the undersigned should pay the requested sums beyond a period of 30 days from the date of application for payment. The expenses incurred, from granting this additional period, and in particular any interest, must be calculated in such a way that the amount is equivalent to that which would be charged to that end on the money market or financial market in the State concerned.
  4. This undertaking shall be valid from the day of its acceptance by the office of guarantee. This guarantee may be cancelled at any time by the undersigned, or by the State in the territory of which the office of guarantee is situated. The cancellation shall take effect on the 16th day after notification thereof to the other party. The undersigned shall remain responsible for payment of the sums which become payable in respect of transit operations under the Convention on a Common Transit Procedure/Community transit covered by this undertaking which began before the date on which the cancellation took effect, even if the demand for payment is made after that date. (¹) Surname and forenames, or name of firm. (²) Full address.
  5. For the purposes of this undertaking, the undersigned gives his address for service (¹), as (²) . . and, in each of the other States referred to in paragraph 1, as care of: >TABLE POSITION> The undersigned acknowledges that all correspondence and notices and any formalities or procedures relating to this undertaking addressed to or effected in writing at one of his addresses for service shall be accepted as duly delivered to him. The undersigned acknowledges the jurisdiction of the courts of the places where he has an address for service. The undersigned undertakes to maintain his addresses for service or, if he has to alter one or more of those addresses, to inform the office of guarantee in advance. Done at . on . . (Signature)
(4)II. Acceptance by the office of guarantee Office of guarantee . Guarantor's undertaking accepted on . . (Stamp and signature)
(1)If, in the law of the State, there is no provision for address for service the guarantor shall appoint, in each of the States referred to in paragraph 1, an agent authorized to receive any communications addressed to him. The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee. The acknowledgement in the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond.
(2)Full address.
(3)The signature must be preceded by the following in the signatory's own handwriting: 'Guarantee for the amount of ....................................', with the amount written out in full.
(4)If, in the law of the State, there is no provision for address for service the guarantor shall appoint, in each of the States referred to in paragraph 1, an agent authorized to receive any communications addressed to him. The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee. The acknowledgement in the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond.
(5)Full address.
(6)The signature must be preceded by the following in the signatory's own handwriting: 'Guarantee'.
(7)Delete as appropriate.
(8)If, in the law of the State, there is no provision for giving addresses for service, the guarantor shall appoint, in each of the States referred to in paragraph 1, an agent authorized to receive any communications addressed to him. The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee. The acknowledgement in the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to correspond.
(9)Full address.
(10)The signature must be preceded by the following in the signatory's own handwriting: 'Guarantee'. APPENDIX II TITLE I PROVISION RELATING TO FORMS AND THEIR USE IN PROCEDURE CHAPTER I FORMS Enumeration of the forms Article 1
  1. The forms on which T 1 or T 2 declarations are made shall conform to the specimens in Annexes I to IV to Appendix III. Such declarations shall be drawn up in accordance with the rules laid down in this Convention.
  2. Loading lists based on the specimen in Annex I to this Appendix may, subject to the conditions laid down in Articles 5 to 9 and Article 85, be used as the descriptive part of transit declarations. The use thereof shall be without prejudice to formalities for dispatch, export or for placing the goods under any procedure in the country of destination and the forms used for such formalities.
  3. The form to be completed as the transit advice note for the purposes of Article 22 of Appendix I shall conform to the specimen in Annex II to this Appendix.
  4. The form to be completed as the receipt, to certify that the T 1 or T 2 document and the relevant consignment have been produced at the office of destination, shall conform to the specimen in Annex III to this Appendix. However, as regards the T 1 or T 2 document, the receipt on the back of the copy for return thereof may be used. The receipt shall be issued and used in accordance with Article
  6. The certificate of guarantee for which provision is made under Article 30
(3), of Appendix I shall conform to the specimen in Annex IV to this Appendix. The certificate shall be issued and used in acoordance with Articles 12 to
  2. The flat-rate guarantee voucher shall conform to the specimen in Annex V to this Appendix. The entries on the back of this form may, however, be shown on the front above the particulars of the individual or firm issuing the voucher, the following entries remaining unchanged. The flat-rate guarantee voucher shall be issued and used in acoordance with Articles 16 to
  4. The document certifying the Community status of the goods - called 'T 2 L document' - shall be drawn up on a form which conforms to copy 4 of the specimen contained in Annex I to Appendix III or to copy 4/5 of the specimen contained in Annex II to that Appendix. That form shall be supplemented, where necessary by one or more forms which conform to copy 4 or to copy 4/5 of the specimen contained in Annexes III and IV respectively to Appendix III. When, in the event of use of a computerized system for processing declarations which issues such declarations, the forms contained in Annexes III and IV respectively to Appendix III are not used as supplementary forms, the T 2 L document shall be supplemented by one or more forms which conform to copy 4 or to copy 4/5 of the specimen contained in Annexes I and II respectively to Appendix III. The person concerned shall enter the symbol 'T 2 L', in the right-hand section in box 1 of the form conforming to copy 4 or to copy 4/5 of the specimen contained in Annexes I and II respectively to Appendix III. If supplementary forms are used, the person concerned shall enter the symbol 'T 2 L' in the right-hand section of box 1 of the form conforming to copy 4 or to copy 4/5 of the specimen contained in Annexes I and III or II and IV, respectively, to Appendix III. For the purposes of this Convention such document shall be referred to as a 'T 2 L document'; it shall be issued and used in accordance with Title V of this Appendix. Printing of the forms and their completion Article 2
  5. The paper used for the forms for loading lists, transit advice notes and receipts shall be dressed for writing purposes and weigh at least 40 g/m$; its strength shall be such that in normal use it does not easily tear or crease.
  6. The paper used for the flat-rate guarantee voucher shall be free of mechanical pulp, dressed for writing purposes and weigh a least 55 g/m$. The paper shall have a red printed guilloche pattern background so as to reveal any falsification by mechanical or chemical means.
  7. The paper used for the guarantee certificate form shall be free of mechanical pulp and weigh not less than 100 g/m$. It shall have a guilloche pattern background, printed in green on both sides, so as to reveal any falsification by mechanical or chemical means.
  8. The paper referred to in paragraphs 1, 2 and 3 shall be white, except for the loading lists referred to in Article 1
(2), for which the colour of the paper may be left to the choice of the user. 5. The sizes of the forms shall be: (
  1. a)210 × 297 mm for the loading list, a tolerance in the length of 5 or + 8 mm being allowed; (
  2. b)210 × 148 mm for the transit advice note and the guarantee certificate; (
  3. c)148 × 105 mm for the receipt and flat-rate guarantee voucher; 6. The declarations and documents shall be drawn up in one of the official languages of the Contracting Parties which is acceptable to the competent authorities of the country of departure. This provision shall not apply to flat-rate guarantee vouchers. The competent authorities of another country in which the declarations and the documents must be presented may, as necessary, require a translation into the language, or one of the official languages, of that country. The language to be used for the guarantee certificate shall be designated by the competent authorities of the country responsible for the office of guarantee. 7. The flat-rate guarantee vouchers shall show the name and address of the printer or a mark enabling the printer to be identified. The flat-rate guarantee vouchers shall be serially numbered as a means of identification. 8. The Contracting Parties shall be responsible for the printing of the forms of the certificate of guarantee. Each certificate must be numbered for purposes of identification. 9. The forms of the certificate of guarantee and flat-rate guarantee vouchers shall be completed using a typewriter or a mechanical or similar process. Loading lists, transit advice notes and receipts may be completed using a typewriter or a mechanical or similar process, or legibly in manuscript; in the latter case they shall be completed in ink and in block letters. N° erasures or alterations shall be made. Amendments shall be made by striking out the incorrect particulars and, where appropriate, adding those required. Any such amendments shall be initialled by the person making the amendment and authenticated by the competent authorities. CHAPTER II USE OF FORMS T 1 and T 2 declarations Description and use Mixed consignments Article 3 1. The copies constituting the forms on which T 1 or T 2 declarations are made are described in the explanatory note contained in Annex VII to Appendix III, and shall be completed in accordance with that explanatory note. Where any of the particulars to be given in those forms must appear in code form, the codes in question shall comply with the details given in Annex IX to Appendix III. 2. Where goods are to move under the T 1 procedure, the principal shall enter the symbol 'T 1' in the right-hand section of box 1 of a form which conforms to the specimen contained in Annexes I and II to Appendix III. Where supplementary forms are used, the principal shall enter the symbol 'T 1 bis' in the right-hand section of box 1 of one or more forms conforming to the specimen contained in Annexes III and IV to Appendix III. When, in the event of use of a computerized system for processing declarations which issues such declarations, the supplementary forms used conform to the specimen contained in Annexes I or II to Appendix III the symbol 'T 1 bis' shall be entered in the right-hand section of box 1 of the said forms. Where goods are to move under the T 2 procedure, the principal shall enter the symbol 'T 2' in the right-hand section of box 1 of a form which conforms to the specimen contained in Annexes I and II to Appendix III. Where supplementary forms are used, the principal shall enter the symbol 'T 2 bis' in the right-hand section of box 1 of one or more forms conforming to the specimen contained in Annexes III and IV to Appendix III. When, in the event of use of a computerized system for processing declarations which issues such declarations, the supplementary forms used conform to the specimen contained in Annexes I or II to Appendix III, the symbol 'T 2 bis' shall be entered in the right-hand section of box 1 of the said forms. 3. In the case of consignments containing at the same time goods moving under the T 1 procedure and goods moving under the T 2 procedure, supplementary documents which conform to the specimen contained in Annexes III and IV or, where appropriate, Annexes I and II to Appendix III and which bear the symbols 'T 1 bis' or 'T 2 bis', respectively, may be attached to a single form which conforms to the specimen contained in Annexes I and II to Appendix III. In this case, the symbol 'T' shall be entered in the right-hand section in box 1 of the said form; the blank space following the symbol 'T' should be crossed out; in addition, the boxes 32 'Item No', 33 'Commodity code', 35 'Gross mass (kg)', 38 'Net mass (kg)' and 44 'Additional information/Documents produced/Certificates and authorizations' shall be barred. A reference to the serial numbers of the supplementary documents bearing the symbol 'T 1 bis' and the supplementary documents bearing the symbol 'T 2 bis' shall be entered in the box 31 'Packages and description of goods' of the form conforming to the specimen contained in Annexes I and II to Appendix III. 4. When one of the symbols referred to in paragraph 2 has been omitted from the right-hand section in box 1 of the form used or when, in the case of consignments containing at the same time goods moving under the T 1 procedure and goods moving under the T 2 procedure, the provisions of paragraph 3 and of Article 5, paragraph 7, have not been complied with, goods under cover of such documents shall be deemed to be moving under the T 1 procedure. Production of the dispatch or export declaration with the transit declaration Article 4 Without prejudice to any measures of simplification applicable, the customs document for the dispatch or redispatch of goods or the customs document for the exportation or re-exportation of goods or any document having equivalent effect shall be presented to the office of departure together with the transit declaration to which it relates. For the purposes of the preceding subparagraph and without prejudice to Article 7
(3), of the Convention, the declaration of dispatch or redispatch or the export or re-export declaration on the one hand, and the transit declaration on the other, may be combined on a single form. Loading Lists Use of loading lists Mixed consignments Article 5
  1. Where the principal uses loading lists for a consignment comprising two or more types of goods, the boxes 15 'Country of dispatch/export', 32 'Item No', 33 'Commodity code', 35 Gross mass (kg)', 38 'Net mass (kg)' and where necessary, 44 'Additional information/Documents produced/Certificates and authorizations' of the form used for the purposes of transit shall be barred and the box 31 'Packages and description of goods' of that form shall not be used to show the marks and numbers, number and kind of the packages and description of goods. In this case, supplementary forms must not be used.
  2. The loading list referred to in Article 1
(2)means any commercial document which complies with the conditions laid down in Article 2
(1),
(5)(a),
(6), first and second subparagraphs,
(9), second and third subparagraphs and Articles 6 and
  2. The loading list shall be produced in the same number of copies as the form used for transit purposes to which it relates and shall be signed by the person signing that form.
  3. When the declaration is registered, the loading list must bear the same registration number as the form used for transit purposes to which it related. That number must be printed either by means of a stamp incorporating the name of the office of departure or by hand. In the latter case it must be accompanied by the office stamp. The signature of an official of the office of departure shall be optional.
  4. Where two or more loading lists accompany a single form used for transit purposes, each must bear a serial number allotted by the principal; the number of accompanying loading lists shall be shown in the box 'Loading lists' of the said form.
  5. A declaration on a form which conforms to the specimen in Annexes I and II to Appendix III, bearing the symbol 'T 1' or 'T 2' in the right-hand space of box 1 and accompanied by one or more loading lists complying with the conditions laid down in Articles 6 to 9 shall, as appropriate, be treated as equivalent to a T 1 declaration or a T 2 declaration for the purposes of Article 12 or Article 39 of Appendix I.
  6. In case of consignments contained at the same time goods moving under the T 1 procedure and goods moving under the T 2 procedure, separate loading lists must be completed and may be attached to a single form conforming to the specimen in Annexes I or II to Appendix III. In that case, the symbol 'T' shall be entered in the right-hand space of box 1 of the said form. The blank space behind the symbol 'T' should be crossed out; in addition, the boxes 15 'Country of dispatch/export', 32 'Item No', 33 'Commodity code', 35 'Gross mass (kg)', 38 'Net mass (kg)', and where necessary, 44 'Additional information/Documents produced/Certificates and authorizations' shall be barred. A reference to the serial numbers of the loading lists relating to each of the two types of goods shall be entered in box 31 'Packages and description of goods' of the form used. Forms of loading lists Article 6 The loading list shall include: (a) the heading 'Loading list'; (b) a box, 70 × 55 mm, divided into a top part 70 × 15 mm for the insertion of the symbol 'T' followed by one of the endorsements referred to in Article 3, paragraph 2, and a lower part 70 × 40 mm for the references referred to in Article 5, paragraph 4; (c) columns, in the following order and headed as shown: - Item No; - Marks, numbers, number and kind of package; description of goods; - Country of dispatch/export; - Gross mass (in kilograms); - Reserved for customs. The width of the columns may be adapted as necessary, except that the width of the column headed 'Reserved for customs' shall be not less than 30 mm. Spaces not reserved for a particular purpose under subparagraphs (a) to (c) above may also be used. Completion Article 7
  7. Only the front of the form may be used as a loading list.
  8. Each item shown on the loading list must be preceded by a serial number.
  9. (This Article does not contain paragraph 3.)
  10. A horizontal line must be drawn after the last entry and the remaining unused spaces barred so that any subsequent addition is impossible. Simplified procedures Article 8
  11. The customs authorities of each country may allow firms established in their country whose records are based on an electronic or automatic data-processing system to use loading lists as referred to in Article 1
(2), which, although not complying with all the conditions of Article 2
(1),
(5)(a) and
(9), last two subparagraphs, and of Article 6, are designed and completed in such a way that they can be used without difficulty by the customs and statistical authorities in question.
  1. For each item such loading lists must always include the number, kind and marks and numbers of packages, the description of goods, gross mass in kilograms and the country of dispatch/export. Consignment by rail Article 9
  2. Where Articles 29 to 61 operate, Article 5,
(2), and Articles 6, 7 and 8 shall apply to loading lists which accompany the International Consignment Note or the TR Transfer Note. In the former case, the number of such lists shall be shown in box 32 of the International Consignment Note; in the latter case, the number of such lists shall be shown in the box for particulars of accompanying documents of the TR Transfer Note. In addition, the loading list must include the wagon number to which the International Consignment Note refers or, where appropriate, the number of the container containing the goods. 2. For operations beginning within the territory of the Contracting Parties comprising at the same time goods moving under the T 1 procedure and goods moving under the T 2 procedure, separate loading lists shall be used; in the case of goods carried in large containers under cover of TR Transfer Notes, such separate lists shall be completed for each large container, which contains both categories of goods. For transport operations beginning in the Community the serial numbers of the loading lists relating to goods moving under the T 1 procedure shall be inserted, as appropriate: (
  1. a)in box 25 of the International Consignment Note; (
  2. b)in the box reserved for the description of the goods of the TR Transfer Note. For transport operations beginning in an EFTA country, a reference to the serial numbers of the loading lists relating to the goods moving under the T 2 procedure shall be inserted, as appropriate: (
  3. a)in box 25 of the International Consignment Note; (
  4. b)in the box reserved for the description of the goods of the TR Transfer Note. 3. In the circumstances referred to in paragraphs 1 and 2 and for the purposes of the procedures provided for in Articles 29 to 61, the loading lists accompanying the International Consignment Note or the TR Transfer Note shall form an integral part thereof and shall have the same legal effects. The original of such loading lists shall bear the stamp of the station of dispatch. Receipt Use of the receipt Article 10 1. Any person who delivers to the office of destination a T 1 or T 2 document together with the consignment to which that document relates may obtain a receipt on request. 2. The receipt shall first be completed by the person concerned and may contain other particulars relating to the consignment, except in the space reserved for customs, but the customs certification shall be valid only in respect of the particulars contained in that space. Return of the documents Central offices Article 11 Each country shall have the right to designate one or more central offices to which documents shall be returned by the competent customs office in the country of destination. Countries shall, after appointing such offices for that purpose, inform the Commission of the European Communities and specify the category of documents to be returned thereto. The Commission shall in turn notify the other countries. TITLE II PROVISIONS RELATING TO GUARANTEES COMPREHENSIVE GUARANTEE Certificate of guarantee Authorized persons Article 12 1. The principal shall, on issue of the certificate of guarantee or at any time during the validity thereof, designate on his own responsibility on the reverse of the certificate, the person, or persons, authorized to sign T 1 or T 2 declarations on his behalf. The particulars shall include the surname and forename of each authorized person followed by the signature of that person. Each nomination of an authorized person must be acknowledged by the signature of the principal. The principal shall be entitled at his discretion to cross through the unused boxes. 2. The principal may at any time delete the name of an authorized person from the reverse of the certificate. Authorized agents Article 13 Any person named on the reverse of a certificate of guarantee presented at an office of departure shall be considered the authorized agent of the principal. Period of validity; extension Article 14 The period of validity of a certificate of guarantee may not exceed two years. However, this period may be extended by the office of guarantee for one further period not exceeding two years. Cancellation Article 15 If the guarantee is cancelled the principal shall be responsible for returning to the office of guarantee forthwith all the certificates of guarantee issued to him which are still valid. Flat-rate guarantee Guarantee document Article 16 1. When a natural or legal person proposes to stand surety under the conditions referred to in Articles 27 and 28 of and on the terms laid down in Article 32
(1), of Appendix I, the guarantee shall be given in the form as shown in Specimen III annexed to Appendix I.
  1. Where national law, administrative practice or accepted usage so requires, each country may require the use of a different form of guarantee provided it has the same legal effect as the guarantee referred to in paragraph
  2. Guarantee voucher Article 17
  3. The acceptance of the guarantee referred to in Article 16 by the customs office where it is given (hereinafter referred to as 'the office of guarantee') shall be the guarantor's athority to issue, under the terms of the guarantee, a flat-rate guarantee voucher or vouchers to persons who intend to act as principal in a T 1 or T 2 operation from an office of departure of their choice. The guarantor may issue flat-rate guarantee vouchers: - which are not valid for a T 1 or T 2 operation in respect of goods which are listed in Annex VII to this Appendix, and - which may be used in multiples of up to seven vouchers per means of transport as referred to in Article 16
(2), of Appendix I for goods other than those referred to in the previous indent. For this purpose the guarantor shall mark such flat-rate guarantee vouchers diagonally in capital letters with one of the following statements, adding a reference to this subparagraph: - VALIDEZ LIMITADA - BEGRĘNSET GYLDIGHED - BESCHRÄNKTE GELTUNG - ŠÅŃÉĻŃÉÓĢÅĶĒ ÉÓ×¾W - LIMITED VALIDITY - VALIDITÉ LIMITÉE - VALIDITĄ LIMITATA - BEPERKTE GELDIGHEID - VALIDADE LIMITADA - VOIMASSA RAJOITETUSTI - TAKMARKAD GILDISSVID - BEGRENSET GYLDIGHET - BEGRÄNSAD GILTIGHET The cancellation of a guarantee shall be notified forthwith to the other countries by the country in which the relevant office of guarantee is located.
  1. The guarantor shall be liable up to an amount of 7 000 ECU in respect of each flat-rate guarantee voucher.
  2. Without prejudice to the provisions in the second and third subparagraphs of paragraph 1 and in Article 18, the principal may carry out one T 1 or T 2 operation under each flat-rate guarantee voucher. The voucher shall be delivered to the office of departure, where it shall be retained. Increase in the guarantee; conversion of the ECU Article 18
  3. Except in the cases referred to in paragraphs 2 and 3, the office of departure may not require a guarantee in excess of the flat-rate amount of 7 000 ECU for each T 1 or T 2 declaration, irrespective of the amount of the duties and other charges to which the goods covered by a particular declaration may be liable.
  4. When, because of circumstances peculiar to it, a transport operation involves increased risks and the office of departure therefore considers that the guarantee of 7 000 ECU is clearly insufficient, it may exceptionally require a guarantee of greater amount in multiples of 7 000 ECU.
  5. The carriage of goods listed in Annex VII to this Appendix shall give rise to an increase in the amount of the flat-rate guarantee when the quantitiy of goods carried exceeds the quantity corresponding to the flat-rate amount of 7 000 ECU. In that case, the flat-rate amount shall be increased to the multiple of 7 000 ECU necessary to guarantee the quantity of goods to be dispatched.
  6. The principal shall, in the cases referred to in paragraphs 2 and 3, deliver to the office of departure flat-rate guarantee vouchers corresponding to the required multiple of 7 000 ECU.
  7. The exchange value in a national currency of the amounts expressed in ECU referred to in this Appendix shall be calculated by using the exchange rate in force on the first working day of the month of October, and shall be applied from 1 January of the following year. If a rate is not available for a particular national currency the rate to be applied for that currency shall be that obtaining on the last day for which a rate was published. The exchange value of the ECU to be used in applying the first subparagraph shall be that which was applicable on the date on which the T 1 or T 2 declaration covered by the flat-rate guarantee voucher or vouchers was registered. Consignment comprising both sensitive and non-sensitive goods Article 19
  8. When the T 1 or T 2 declaration includes other goods besides those shown in the list referred to in Article 18, paragraph 3, the flat-rate guarantee provisions shall be applied as if the two categories of goods were covered by separate declarations.
  9. By way of derogation from paragraph 1, account shall not be taken of the presence of goods of either category if the quantity or value thereof is relatively insignificant. TITLE III Articles 20 to 27 (This Appendix does not contain Articles 20 to 27.) TITLE IV SIMPLIFIED PROCEDURES Rules not affected by this Title Article 28 This Title shall be without prejudice to obligations in respect of the formalities for dispatch, export or for placing the goods under any procedure in the country of destination. CHAPTER I TRANSIT PROCEDURE FOR THE CARRIAGE OF GOODS BY RAIL General provisions relating to carriage by rail General Article 29 Formalities under the T 1 or T 2 procedure shall be simplified in accordance with Articles 30 to 43 and 59 to 61 for the carriage of goods by railway authorities under cover of an International Consignment Note (CIM) or International Express Parcels Consignment Note (TIEx). Legal value of documents used Article 30 The International Consignment Note or the International Express Parcels Consignment Note shall be treated as equivalent to a T 1 or a T 2 declaration as the case may be. Control of records Article 31 The railway authorities of each country shall make available to the customs authorities of their country for purposes of control the records held at their accounting offices. The principal Article 32
  10. The railway authorities which accept the goods for carriage accompanied by an International Consignment Note or International Express Parcels Consignment Note shall be the principal as regards the T 1 or T 2 procedure concerned.
  11. The railway authorities of the country through whose territory the goods enter the territory of the Contracting Parties shall be the principal as regards the T 1 or T 2 procedure in respect of goods accepted for carriage by the railway authorities of a third country. Label Article 33 The railway authorities shall ensure that consignments carried under the T 1 or T 2 procedure are identified by labels bearing a pictogram, a specimen of which is shown in Annex VIII to this Appendix. The labels shall be affixed to the International Consignment Note or to the International Express Parcels Consignment Note and to the relevant railway wagon in the case of a full load or in other cases, to the package or packages. Modification of the contract of carriage Article 34 When the contract of carriage is modified so that: - a carriage operation which was to end outside the territory of a Contracting Party ends within the territory of that Contracting Party, - a carriage operation which was to end within the territory of a Contracting Party ends outside the territory of that Contracting Party, the railway authorities shall not carry out the modified contract except with the prior agreement of the office of departure. When the contract of carriage is modified so that the carriage operation is ended within the country of departure, the modified contract shall be carried out subject to conditions to be determined by the customs authorities of that country. In all other cases, the railway authorities may carry out the modified contract; they shall forthwith inform the office of departure of the modification made. Movement of goods between Contracting Parties Customs status of goods; use of the International Consignment Note Article 35
  12. The International Consignment Note shall be produced at the office of departure in respect of a carriage which starts and is to end within the territory of the Contracting Parties.
  13. Goods, the carriage of which begins in the Community shall be considered as moving under the T 2 procedure. If, however, the goods are to move under the T 1 procedure the office of departure shall indicate on sheets 1, 2 and 3 of the International Consignment Note that the goods to which the document refers are carried under the T 1 procedure; the symbol 'T 1' shall accordingly be clearly shown in box
  14. In the case of goods moving under the T 2 procedure the symbol 'T 2' need not be entered on the document.
  15. Goods, the carriage of which begins in an EFTA country shall be considered as moving under the T 1 procedure. If, however, the goods are to move under the T 2 procedure in accordance with the provisions of Article 2
(3)(b) on the Convention, the office of departure shall indicate on sheet 3 of the International Consignment Note that the goods to which the document refers are carried under the T 2 procedure; the symbol 'T 2' shall accordingly be clearly shown in box 25 together with the stamp of the customs office of departure and the signature of the responsible official. In the case of goods moving under the T 1 procedure the symbol 'T 1' need not be entered on the document.
  1. All copies of the International Consignment Note shall be returned to the party concerned.
  2. Each Member State of the Community may provide that goods moving under the T 2 procedure may, under the conditions and with the exceptions which it or the Community shall lay down, be placed under the T 2 procedure without production at the office of departure of the International Consignment Note in respect of the goods. Each EFTA country may provide that goods moving under the T 1 procedure be carried under the T 1 procedure without requiring the International Consignment Note to be presented at the office of departure.
  3. The customs office for the station of destination shall act as the office of destination. If, however, the goods are entered for home use or placed under some other customs procedure at an intermediate station, the customs office responsible for that station shall act as the office of destination. Identification measures Article 36 As a general rule and having regard to identification measures applied by the railway authorities, the office of departure shall not seal the means of transport or the packages. Use of sheets of the International Consignment Note Article 37
  4. The railway authorities of the country responsible for the office of destination shall forward to the latter sheets 2 and 3 of the International Consignment Note.
  5. The office of destination shall forthwith return sheet 2 to the railway authorities after stamping it and shall retain sheet
  6. Carriage of goods to or from third countries Carriage to third countries Article 38
  7. Articles 35 and 36 shall apply to a carriage operation which starts within the territory of the Contracting Parties and is to end outside the territory of the Contracting Parties.
  8. The customs office for the frontier station through which the goods in transit leave the territory of the Contracting Parties shall act as office of destination.
  9. N° formalities need to be carried out at the office of destination. Carriage from third countries Article 39
  10. The customs office for the frontier station through which the goods enter the territory of the Contracting Parties shall act as office of departure for a carriage operation which starts outside the territory of the Contracting Parties and is to end within the territory of the Contracting Parties. N° formalities need be carried out at the office of departure.
  11. The customs office for the station of destination shall act as office of destination. If, however, the goods are entered for home use or placed under another customs procedure at an intermediate station, the customs office for that station shall act as the office of destination. The formalities prescribed by Article 37 shall be carried out at the office of destination. Carriage in transit through the territory of the Contracting Parties Article 40
  12. The customs offices which are to act as office of departure and office of destination for a carriage operation which starts and is to end outside the territory of the Contracting Parties shall be as laid down in Articles 39
(1), and 38
(2), respectively. 2. N° formalities need be carried out at the offices of departure or destination. Customs status of goods from third countries or in transit Article 41 Goods which are carried under the provisions of Article 39
(1), or 40
(1), shall be considered as moving under the T 1 procedure unless a T 2 L document certifying the Community status of the goods concerned is submitted in respect thereof. Provisions relating to express packages Provisions applicable Article 42 Subject to the provisions of Article 43, the provisions of Articles 35 to 41 shall also apply to carriage under cover of an International Express Parcels Consignment Note. Customs status of goods; use of sheets of the TIEx document Article 43 With respect to carriage operations effected under cover of an International Express Parcels Consignment Note: (a) the symbols required under: - Article 35
(2), shall be entered on sheets 2, 3 and 4 of the International Express Parcels Consignment Note, - Article 35
(3), shall be entered on sheet 4 of the International Express Parcels Consignment Note; (b) sheets 2 and 4 of the International Express Parcels Consignment Note shall, as laid down in Article 37, be forwarded to the office of destination, which shall forthwith return sheet 2 to the railway authorities after stamping it and shall retain sheet 4. Provisions relating to goods carried in large containers General Article 44 Formalities under the T 1 or T 2 procedure shall be simplified in accordance with Articles 45 to 60 and Article 61
(3)and
(4), for the carriage of goods which the railway administrations effect by means of large containers, using transport undertakings as intermediaries and making use of Transfer Notes of a type specially devised to be used as a transit document and referred to for the purposes of this Appendix as 'TR Transfer Note'. These operations include, as the case may be, the dispatch of consignments by transport undertakings using modes of transport other than rail, in the country of consignment to the railway station of departure in that country and in the country of destination from the railway station of arrival in that country and any transport by sea in the course of the movement between these two stations. Definitions Article 45 For the purposes of Articles 44 to 60 and Article 61
(3)and
(4):
  1. 'transport undertaking' means an undertaking constituted by the railway administrations as a corporate entity of which they are members, such undertaking being set up for the purpose of carrying goods by means of large containers under cover of Transfer Notes;
  2. 'large container' means a device for the carriage of goods that is: - permanent in nature, - specially designed to facilitate the carriage of goods, without break of load, by one or more modes of transport, - designed for easy attachment and/or handling, - designed in such a way that it can be properly sealed when the application of Article 53 requires this, - of a size such that the area bounded by the four lower external angles is not less than 7 m$.
  3. 'TR Transfer Note' means the document which comprises the contract of carriage by which the transport undertaking arranges for one or more large containers to be carried from a consignor to a consignee in international transport. The TR Transfer Note shall be serially numbered in the top right-hand corner so that it can be identified. This number shall be made up of six digits, three of which precede and three of which follow the letters 'TR'. The TR Transfer Note shall consist of the following sheets, in numerical order: 1: - sheet for the head office of the transport undertaking, 2: - sheet for the national representative of the transport undertaking at the station of destination, 3 A: - sheet for the customs, 3 B: - sheet for the consignee, 4: - sheet for the head office of the transport undertaking, 5: - sheet for the national representative of the transport undertaking at the station of departure, 6: - sheet for the consignor. Each sheet of the TR Transfer Note, with the exception of sheet 3 A, shall have a green band approximately four centimetres wide along its right-hand edge.
  4. 'List of large containers', hereinafter referred to as 'list', means the document attached to a TR Transfer Note, of which it forms an integral part which is intended to cover the consignment of several large containers from the same station of departure to the same station of destination, at which stations the customs formalities are carried out. The number of lists shall be shown in the box used for the description of the documents accompanying the TR Transfer Note. Moreover, the serial number of the appropriate TR Transfer Note shall be entered in the top right-hand corner of each list. Legal value of document used Article 46 The TR Transfer Note used by the transport undertaking shall be treated as equivalent to a T 1 or T 2 declaration, as the case may be. Control of records; information to be supplied Article 47
  5. In each country the transport undertaking shall, for purposes of control, make available to the customs authorities through the medium of its national representative or representatives the records held at its accounting office or offices or at those of its national representative or representatives.
  6. At the request of the customs authorities, the transport undertaking or its national representative or representatives shall communicate to them forthwith any documents, accounting records or information relating to carriage operations already completed or still being undertaken of which those authorities consider they should be informed.
  7. The transport undertaking or its national representative or representatives shall inform: (a) the customs office of destination of any TR Transfer Note, sheet 1 of which has been sent to it without a customs stamp; (b) the customs office of departure of any TR Transfer Note, sheet 1 of which has not been returned to it and in respect of which it has been unable to ascertain that the consignment has either been correctly presented to the customs office of destination or been exported from the Contracting Parties to a third country under Article
  8. The principal Article 48
  9. For the carriage of goods as referred to in Article 44 accepted by the transport undertaking in a country, the railway administration of that country shall be the principal.
  10. For the carriage of goods as referred to in Article 44 accepted by the transport undertaking in a third country, the railway administration of the country by way of which the goods enter the territory of the Contracting Parties shall be the principal. Customs formalities during carriage by means other than rail Article 49 Where customs formalities have to be carried out during carriage by means other than rail to the station of departure or from the station of destination, only one large container may be covered by each TR Transfer Note. Label Article 50 The transport undertaking shall ensure that consignments carried under the transit procedure are identified by labels bearing a pictogram, a specimen of which is shown in annex VIII to this Appendix. The labels shall be affixed to the TR Transfer Note and to the large container or containers concerned. Modification of the contract of carriage Article 51 Where a contract of carriage is modified so that: - a carriage operation which was to end outside the territory of a Contracting Party ends within the territory of that Contracting Party, - a carriage op

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