Par Baltijas kopējās tranzīta procedūras līgumu

Par Baltijas kopējās tranzīta procedūras līgumu Uzmanību! Jūs lietojat neatbilstošu interneta pārlūkprogrammu. Lai varētu lietot visas Likumi.lv piedāvātās iespējas, piedāvājam BEZ MAKSAS ielādēt jaunāku pārlūkprogrammas versiju. Iesakām izmēģināt arī vietnes MOBILO VERSIJU - m.likumi.lv (piemērota arī mazāk jaudīgiem datoriem). nerādīt turpmāk šo paziņojumu Apstiprināt Paldies par viedokli!   Rādīt vēlāk LATVIJAS REPUBLIKAS TIESĪBU AKTI veidi tēmas visvairāk skatītie jaunākie LV  EN uz sākumu meklēt Izvērstā meklēšana Noklusējuma vērtības Izvērstā meklēšana Kā meklēt? Meklēt nosaukumā meklēt locījumos meklēt frāzi Meklēt tekstā meklēt locījumos meklēt frāzi Izdevējs Veids nemeklēt grozījumos Pieņemts Stājas spēkā Dokumenta Nr. līdz līdz Publicēts LV Zaudējis spēku Redakcija uz līdz līdz Statuss: spēkā esošs vēl nav spēkā zaudējis spēku meklēt notīrīt Saeima ir pieņēmusi un Valsts prezidents izsludina šādu likumu: Par Baltijas kopējās tranzīta procedūras līgumu 1.pants. 1998.gada 10.jūlijā Siguldā parakstītais Baltijas kopējās tranzīta procedūras līgums (turpmāk — Līgums) un tā I, II, III un IV pielikums (turpmāk — Pielikumi) ar šo likumu tiek pieņemti un apstiprināti. 2 2.pants. Likums stājas spēkā tā izsludināšanas dienā. Līdz ar likumu izsludināms Līgums un tā Pielikumi angļu un latviešu valodā. 3 3.pants. Līgumā paredzēto saistību izpildi Latvijas Republikā koordinē Finansu ministrija. 4 4.pants. Līgums un tā Pielikumi stājas spēkā Līguma 22.pantā noteiktajā laikā un kārtībā, un par to Ārlietu ministrija paziņo laikrakstā "Latvijas Vēstnesis". 5 Likums Saeimā pieņemts 1998.gada 10.decembrī. Valsts prezidents G.Ulmanis Rīgā 1998.gada 22.decembrī Agreement on the Baltic Common Transit Procedure THE REPUBLIC OF ESTONIA, THE REPUBLIC OF LATVIA, THE REPUBLIC OF LITHUANIAhereinafter referred to as the Contracting PartiesCONSIDERING the fact that the ultimate objective of the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania is to become members of the European Union;CONSIDERING the Agreement on the Free Trade among the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania signed on 13 September 1993;CONSIDERING the Resolutions of the Heads of Government of the Republic of Estonia, the Republic of Latvia and the Republic of Lithuania "On Via Baltica" signed in Riga on 13 February 1995 and "On the Improvement of Transit Transport" signed in Tallinn on 6 February 1997 calling for the creation of the Baltic Transit System based on the provisions of the Convention on a Common Transit Procedure (Interlaken, 1987);CONSIDERING that the Single Administrative Document is already being used for the customs transit procedure by all Contracting Parties;INTENDING to accede to the Convention on a Common Transit procedure in the future;HAVE DECIDED to conclude the following Agreement:General ProvisionsArticle 11. This Agreement lays down measures for the carriage of goods in transit between the Contracting Parties, including, where applicable, goods transhipped, reconsigned or warehoused, by introducing the Baltic Common Transit procedure regardless of the kind and origin of the goods.2. (This Article does not contain paragraph 2).3. Subject to the provisions of Article 7 to 12 below, the rules governing the Baltic Common Transit procedure are set out in Appendices I and II to this Agreement.4. Transit declarations and transit documents for the purposes of the Baltic Common Transit procedure shall conform to and made out in accordance with Appendix III to this Agreement.5. The rules for ensuring recovery in each Contracting Party of the claims which arise in another Contracting Party are set out in Appendix IV to this Agreement.Article 21. The Baltic Common Transit procedure shall hereinafter be described as the T1B procedure.2. The T1B procedure may be applied to any goods carried in accordance with Article 1, paragraph 1.3. (This Article does not contain paragraph 3).4. (This Article does not contain paragraph 4).Article 31. For the purposes of this Agreement, the term:(a) "transit" shall mean a customs procedure under which goods are carried under the control of the competent authorities from on one office of a Contracting Party to another office of the same Contracting Party or that of another Contracting Party over at least one frontier;(b) (this paragraph does not contain subparagraph (b));(c) "third country" shall mean any State which is not a Contracting Party to this Agreement.2. (This Article does not contain paragraph 2).3. (This Article does not contain paragraph 3).Article 41. This Agreement shall be without prejudice to the application of any other international agreement concerning a transit procedure, subject to any limitations to such application in respect of the carriage of goods from one point in the territory of a Contracting Party to another point in the territory of the same Contracting Party and to any limitations on the issue of documents certifying the national status of goods.2. This Agreement shall be without prejudice also to:(a) movements of goods under a temporary admission procedure;and(b) agreements concerning frontier traffic.Article 5(This Agreement does not contain Article 5)Article 6Provided that the implementation of any measures applicable to the goods is ensured, Contracting Parties may, within the T1B procedure, introduce among themselves simplified procedures, by means of bilateral agreements, which shall conform to criteria to be laid down, where necessary, in Appendix II and which shall be applicable to certain types of traffic of to designated undertakings.Such agreements shall be communicated to the Joint Committee (see Articles 14 and 15) and to the nonparticipating Contracting Party.Implementation of the transit procedureArticle 71. Subject to any special provisions of this Agreement, the competent Customs offices of the Contracting parties are empowered to assume the functions of offices of departure, offices of transit, offices of destination and offices of guarantee.2. (This Article does not contain paragraph 2).3. Where several consignments of goods are grouped together and loaded on a single means of transport, within the meaning of Article 12, paragraph 2, of Appendix I, and are dispatched as a consolidated load by one principal in a single T1B operation, from one office of departure to one office of destination for delivery to one consignee, a Contracting Party may require that those consignments shall save in exceptional, duly justified cases, be included in one single T1B declaration with the corresponding loading lists.4. A person completing export formalities at the frontier Customs office of a Contracting Party shall not be required to place the goods consigned under the T1B procedure, irrespective of the customs procedure under which the goods will be placed at the neighbouring frontier Customs office.5. The frontier Customs office of the Contracting Party where export formalities are completed may refuse to place the goods under the T1B procedure if that procedure is to end at the neighbouring frontier Customs office.Article 8No addition, removal or substitution may be made in the case of goods forwarded under cover of a T1B document, in particular when consignments are split up, transshipped or bulked.Article 9(This Agreement does not contain Article 9)Article 101. Except where otherwise provided for in paragraph 2 below or in the Appendices, any T1B operation shall be covered by a guarantee valid for all Contracting Parties involved in that operation.2. The provisions of paragraph 1 shall not prejudice the right:(a) of the Contracting Parties to agree among themselves that the guarantee shall be waived for T1B operations involving only their territories;(b) of a Contracting Party not to require a guarantee for the part of a T1B operation between the office of departure and the first office of transit.3. For the purposes of the flat-rate guarantee as provided for in Appendices I and II, the ECU means the amount of national currency of the Contracting Party in question calculated by using exchange rate of the ECU established by the National Bank of that Contracting Party 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 shall be that of the first day for which a rate has been established after the first working day of October, the rate to be applied shall be that of the last day prior to that date for which a rate has been established.Article 111. As a general rule, identification of the goods shall be ensured by sealing.2. The following shall be sealed:(a) the space containing the goods, when the means of transport has already been approved under other regulations or recognised by the office of departure as suitable for sealing;(b) each individual package in other cases.3. Means of transport may be recognised as suitable for sealing on condition that:(a) seals can be simply and effectively affixed to them;(b) they are so constructed that no goods can be removed or introduced without leaving visible traces of tampering or without breaking the seals;(c) they contain no concealed spaces where goods may be hidden;(d) the spaces reserved for the load are readily accessible for inspection by the competent authorities.4. The office of departure may dispense with sealing if, having regard to other possible measure for identification, the description of the goods in the T1B declaration or in the supplementary documents makes them readily identifiable.Article 121. Additional copy No 4 of the T1B document shall be supplied for the purposes of transit statistics unless not required by a Contracting Party to the first office of transit in the territory of each Contracting Party.2. However, the additional copy referred to above shall not be required when the goods are carried under the conditions laid down in Chapter I of Title IV of Appendix II.3. The principal or his authorized representative shall, at the request of the authorities of the Contracting Parties responsible for transit statistics, provide any information relating to T1B documents necessary for the compilation of statistics.Administrative assistanceArticle 131. The competent authorities of the Contracting Parties concerned shall furnish each other with any information at their disposal which is of importance in order to verify the proper application of this Agreement.2. Where necessary, the competent authorities of the Contracting Parties concerned shall communicate to one another all findings, documents, reports, records of proceedings and information relating to transport operations carried out under the T1B procedure as well as to irregularities or infringements in connection with such operations.Furthermore, where necessary, they shall communicate to one another all findings relating to goods in respect of which mutual assistance is provided for and which have been subject to a customs warehousing procedure.3. Where irregularities or infringements are suspected in connection with goods which have been brought into the territory of one Contracting Party from the territory of another Contracting Party or have passed through a Contracting Party or have been stored under a warehousing procedure, the competent authorities of the Contracting Parties concerned shall on request communicate to one another all information concerning:(a) the conditions under which those goods were carried:— whatever the way in which they were reconsigned, where they arrived in the territory of the Contracting Party to which the request is addressed under cover of a T1B document, or— whatever the way in which they arrived, where they were reconsigned from the territory of the Contracting Party to which the request is addressed under cover of a T1B document;(b) the conditions of any warehousing of those goods where they arrived in the territory of the Contracting Party to which the request is addressed under cover of a T1B document or where they were reconsigned from the territory of that Contracting Party under cover of a T1B document.4. Any request made under paragraphs 1 to 3 shall specify the case to which it refers.5. If the competent authority of a Contracting Party requests assistance which it would not able to give if requested, it will draw attention to that fact in the request. Compliance with such a request will be within the discretion of the competent authority to whom the request is made.6. Information obtained in accordance with paragraphs 1 to 3 shall be used solely for the purpose of this Agreement and shall be accorded the same protection by a receiving Contracting Party as if afforded to information of like nature under the national law of that Contracting Party. Such information may be used for other purposes only with the written consent of the competent authority which furnished it and subject to any restrictions laid down by that authority.RecoveryArticle 13 AThe competent authorities of the Contracting parties concerned shall, in accordance with the provisions of Appendix IV, render each other assistance for the recovery of claims, if these claims have arisen in connection with a T1B operation.The Joint CommitteeArticle 141. A Joint Committee is hereby established in which each Contracting Party to this Agreement shall be equally represented.2. The Joint Committee shall act by mutual agreement.3. The Joint Committee shall meet where necessary, but at least once a year. Any Contracting party may request that a meeting be held.4. The Joint Committee shall adopt its own rules of procedure which shall, inter alia, contain provisions for convening meetings and for designation of the chairman and his term of office.5. The Joint Committee may decide to set up any sub-committee or working party that can assist it in carrying out its duties.Article 151. It shall be the responsibility of the Joint Committee to administer this Agreement and ensure its proper implementation. For this purpose, it shall be regularly informed by the Contracting Parties on the experiences of the application of this Agreement and make recommendations, and in the cases provided for in paragraph 3, it shall take decisions.2. In particular it shall recommend:(a) amendments to this Agreement, other than those referred to in paragraph 3;(b) any other measure required for its application.3. The Joint Committee shall adopt by decision:(a) amendments to the Appendices;(b) amendments of the definition of the ECU as set out in Article 10 (3);(c) other amendments to this Agreement made necessary by amendments to the Appendices;(d) measures to be taken under Article 28 (2) of Appendix I;(e) (this paragraph does not contain subparagraph (e));(f) (this paragraph does not contain subparagraph (f));Decisions taken under subparagraphs (a) to (d) shall be put into effect by the Contracting Parties in accordance with their own legislation.4. If, in the Joint Committee, a representative of a Contracting Party has accepted a decision subject to the fulfillment of constitutional requirements, the decision shall enter into force, if no date is contained therein, on the first day of the second month after lifting of reservation is notified.5. (This Article does not contain paragraph 5).6. (This Article does not contain paragraph 6).Accession of third countriesArticle 15 A(This Agreement does not contain Article 15 A)Miscellaneous and final provisionsArticle 16Each Contracting Party shall take appropriate measures to ensure that the provisions of this Agreement are effectively and harmoniously applied, taking into account the need to reduce as far as possible the formalities imposed on operators and the need to achieve mutually satisfactory solutions of any difficulties arising out of the operation of those provisions.Article 17The Contracting Parties shall keep each other informed of the provisions which they adopt for the implementation of this Agreement.Article 18The provisions of this Agreement shall not preclude prohibitions or restrictions on the importation, exportation or transit of goods enacted by the Contracting Parties and justified on grounds of public morality, public policy or public security, the protection of health an life of humans, animals or plants, the protection of national treasures possessing artistic, historical or archaeological value, or the protection of industrial or commercial property.Article 19The Appendices to this Agreement shall form an integral part thereof.Article 201. This Agreement shall apply to the territories of the Contracting Parties.2. (This Article does not contain paragraph 2).Article 21Any Contracting Party may withdraw from this Agreement provided it gives 12 months' notice in writing to the depositary, which shall notify other Contracting Parties.Article 221. This Agreement shall enter into force on 1 January 1999, provided that the Contracting Parties, before 1 November 1998, have notified in writing the Ministry of Foreign Affairs of the Republic of Lithuania, acting as depositary, that constitutional requirements for entry into force of the Agreement have been fulfilled.2. If this Agreement does not enter into force on 1 January 1999, it shall enter into force on the first day of the second month following the last notification refered to in paragraph 1.3. The depositary shall notify the Contracting Parties without delay the date of the notification referred to in paragraph 1 and the date of entry into force of this Agreement.Article 23(This Agreement does not contain Article 23)Article 24This Agreement, which is drawn up in a single copy in the Estonian, Latvian, Lithuanian and English languages, all texts being equally authentic, shall be deposited in the archives of the Ministry of Foreign Affairs of the Republic of Lithuania, which shall deliver a certified copy thereof to each Contracting Party. In case of divergence of the interpretation of this Agreement the English text shall prevail.Done at Sigulda, on 10 July 1998For the RepublicFor the RepublicFor the Republicof Estoniaof Latviaof Lithuania APPENDIX I Title IGENERAL PROVISIONSArticle 11. The Baltic Common Transit Procedure laid down in this Agreement shall be applicable to the carriage of goods in accordance with Article 1 (1) of the Agreement.2. It shall be the T1B procedure subject to Article 2 of the Agreement.Article 2(This Article does not contain subparagraphs (a) and (b))For the purposes of this Agreement:(c) "competent authorities" means the customs authority or any other authority responsible for applying this Agreement, according to the legislation of the Contracting Party in which the authority in question is situated.(d) "principal" means the person who, in person or through an authorized representative, indicates, by lodging the appropriate declaration, that he wishes to carry out transit operation;(e) "means of transport" means, in particular:— any road vehicle, trailer or semi-trailer,— any container within the meaning of the Customs Convention on containers if transported by road;(f) "office of departure" means the office of the competent authority where the transit operation begins;(g) "office of transit" means the customs office at the point of entry into a Contracting Party other than the Contracting Party of departure;(h) "office of destination" means the office of the competent authority where goods placed under the transit procedure must be produced to complete the transit operation;(i) "office of guarantee" means the office of the competent authority where a comprehensive or flat-rate guarantee is lodged;(j) "internal frontier" means a frontier common to two Contracting Parties.Articles 3 to 9(This Appendix contains no Titles II to IV or Articles 3 to 9)Title VT 1B PROCEDUREChapter IPROCEDUREArticle 101. All goods which are to be carried under the T1B procedure shall be the subject of a T1B declaration, in accordance with the conditions laid down in this Agreement. A T1B declaration means a declaration on a form corresponding to the specimen forms contained in Appendix III.2. The form referred to in paragraph 1 may be supplemented, where appropriate, by one or more supplementary forms corresponding to the specimen supplementary forms contained in Appendix III.3. The forms referred to in paragraphs 1 and 2 shall be printed and completed in the official languages of the Contracting Parties accepted by the competent authorities of the Contracting Party of departure. Where necessary, the competent authorities of the Contracting Party concerned in the T1B operation may require translation into the official language of that Contracting Party or into English or Russian.4. The T1B declaration shall be signed by the principal and at least three copies thereof shall be produced at the office of departure.5. Supplementary document appended to a T1B declaration shall form an integral part thereof.6. The T1B declaration shall be accompanied by the transport document.The office of departure may dispense with production of this document at the time of completion of customs formalities. However, the transport document shall be produced whenever required by the customs or by any other competent authority in the course of carriage.7. Where the T1B procedure in the Contracting Party of departure succeeds another customs procedure, reference shall be made on the T1B declaration to that procedure or to the corresponding customs documents.Article 111. The principal shall be responsible for:(a) production of the goods intact and the T1B document at the office of destination by the prescribed time limit and with due observance of the measures adopted by the competent authorities to ensure identification;(b) observance of the provisions relating to the Baltic Common Transit Procedure;(c) payment of duties and other charges due as a result of an offence or irregularity committed in the course of or in connection with a Baltic Common Transit operation.2. Notwithstanding the principal's obligations under paragraph 1, a carrier or recipient of goods who accepts goods knowing that they are moving under the Baltic Common Transit Procedure shall also be responsible for production of the goods intact at the office of destination by the prescribed time limit and with due observance of the measures adopted by the competent authorities to ensure identification.Article 121. 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 T1B 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 first subparagraph, the following shall be regarded as constituting a single means of transport, on condition that the goods carried are to be dispatched together:(a) a road vehicle accompanied by its trailer(s) or semi-trailer(s);(b) (this Article does not contain subparagraph (b));(c) (this Article does not contain subparagraph (c));(d) containers loaded on a means of transport within the meaning of this Article.Article 131. The office of departure shall accept and register the T1B 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.1.A. When the provisions of Article 34 B of Appendix II apply or when the Customs authorities consider it necessary, the office of departure may specify an itinerary for the consignment. The itinerary shall only be changed upon application by the principal, by the customs authorities of the Contracting Party in which the goods are located during the course of the prescribed movement. The customs authorities shall record the relevant details on the T1B document, and inform the office of departure without delay.1.B. In case of ‘force majeure' the transporter may divert from the prescribed itinerary. The goods and the T1B document must be presented without delay to the nearest Customs authorities of the Contracting Party where the goods are situated. The customs authorities shall without delay inform the office of departure of the change to the itinerary, and note the relevant details on the T1B document.2. The office of departure shall enter the necessary particulars on the T1B declaration, shall retain its own copy and hand back the others to the principal or his representative.Article 14(This Appendix does not contain Article 14)Article 151. The copies of the T1B document handed back to the principal or to his representative by the office of departure shall accompany the goods.2. For supervision purposes, each Contracting Party may prescribe transit routes within its territory.Article 16Each Contracting Party shall provide the Joint Committee and the other Contracting Parties with a list of the offices authorized to deal with T1B operations, stating at what hours they are open and indicating their competence in the implementing of the Baltic Common Transit procedure.Article 17Copies of the T1B document shall be produced as required by the competent authorities.Article 181. The consignment and the copies of the T1B document shall be produced at each office of transit.2. The carrier shall give a transit advice note to each office of transit. The design of the transit advice note is laid down in Appendix II.3. The offices of transit shall not inspect the goods unless some irregularity is suspected which could result in abuse.4. Where goods are carried via an office of transit other than that mentioned in the T1B document, that office shall without delay send the transit advice note to the office mentioned in that document.Article 19Where goods are loaded or unloaded in the presence of intermediate competent authorities, copies of the T1B document handed back by the office(s) of departure shall be produced to those authorities.Article 201. The goods described on a T1B document may, without the need for a new declaration to be made, be transferred to another means of transport under the supervision of the competent authorities of the Contracting Party in the territory of which the transfer is to be made. In such a case, the competent authorities shall record the relevant details on the T1B document.2. The competent authorities may, subject to such conditions as they shall determine, authorize such transfer without their supervision. In such a case, the carrier shall record the relevant details on the T1B document and shall inform the competent authorities of Contracting Party of transfer, for the purposes of authentication.Article 211. If seals are broken in the course of carriage without the carrier's so intending, the carrier shall, as soon as possible, request that a certified report be drawn up by the competent authorities in the territory of the Contracting Party in which the means of transport is located. The authorities concerned shall, if possible, affix new seals.2. In the event of an accident necessitating transfer to another means of transport, Article 20 shall apply.3. In the event if imminent danger necessitating immediate unloading of the whole load or of part of the load, the carrier may take action on his own initiative. He shall record such action on the T1B document. Paragraph 1 shall apply in such a case.4. 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 limit referred to in Article 13, he shall inform the competent authorities referred to in paragraph 1 as soon as possible. Those authorities shall then record the relevant details on the T1B document.Article 221. The goods and the T1B document shall be produced at the office of destination.2. The office of destination shall record on the copies of the T1B document the details of controls carried out and shall without delay send a copy to the office of departure and retain the other copy.3. The T1B operation may be concluded at an office other than that mentioned in the T1B document. That other office shall then become the office of destination.4. 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 are not attributable to the carrier or the principal, the latter shall be deemed to have complied with the time limit prescribed.5. If, in the case of change of office of destination, as referred to in paragraph 3, the new office of destination belongs to a Contracting Party other than that having jurisdiction over the office entered in the T1B document, then the new office of destination shall enter in the "Control by office of destination" box of the return copy of the T1B document, in addition to the usual statement which it is obliged to enter, one of the following statement (Differences: office where goods were presented ............ (name, code and country)):EE: Erinevused: tolliasutus, kus kaubad esitati................. (nimi, kood ja riik),LV: Atšķirības: Iestāde, kurā preces tika uzrādītas.......................... (nosaukums, kods un valsts),LT: Skirtumai: Įstaiga, kuriai pateiktos prekės ............ (pavadinimas, kodas ir valstybė).6. In the situation referred to in paragraph 5, if the T1B document bears one of the following statements the new office of destination must keep the goods under its control and may not allow their removal to any destination, other than back to the Contracting Party having jurisdiction over the office of departure, without specific authorisation for the latter(Export from ....................subject restrictions):(name of country)EE: Eksport riigist ..........................................vastavalt piirangutele,(riigi nimetus)LV: Eksports no ................................................pakļauts ierobežojumiem,(valsts nosaukums)LT: Eksportui iš .......................................... taikomi apribojimai.(valstybės pavadinimas)Export from ........................ subject to duty:(name of the country)EE: Eksport riigist .............................................maksustatav maksuga,(riigi nimetus)LV: Eksports no .......................................... ir apliekams ar muitas maksājumiem,(valsts nosaukums)LT: Eksportas iš .......................................... apmokestinamas.(valstybės pavadinimas)7. The office of departure shall not discharge the T1B 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 23The Baltic Common Transit operation shall end when the goods and the corresponding T1B document are produced at the office of destination. Discharge of the corresponding T1B document at the office of destination shall take place without delay, on condition that the goods:— have been placed under another customs procedure or— have been directly transferred across the border to a third country or to a free zone or— have been transferred to a place approved by the customs authorities where goods can be stored until customs declaration is lodged, in accordance with the legislation in force in the Contracting Party of destination.Chapter 2GUARANTEESArticle 241. In order to ensure collection of the duties and other charges which each Contracting Party is authorized to collect in respect of goods passing through its territory in the course of a T1B operation, the principal shall furnish a guarantee, subject to the provisions of Article 33.The guarantee referred to in the first subparagraph shall be valid for all Contracting Parties involved in the T1B operation in question.2. The guarantee may be comprehensive, covering a number of T1B operations, or individual, covering a single T1B operation.3. Subject to Article 29 (2), the guarantee shall consist of the joint and several guarantee of any legal third person who shall:— be established in the Contracting Party in which the guarantee is provided,and— have been approved by the competent authority of that Contracting Party, subject to the provisions in force in the latter and to the conditions governing approval as may be laid down by that authority.Article 251. The guarantee referred to in Article 24 (3) shall conform to the specimens shown in Appendix II.2. Where the provisions laid down by national law, regulation or administrative action or common practice so required, each Contracting Party may allow the guarantee to be in a different form, on condition that it has the same legal effects as laid down in the specimen documents.Article 261. The comprehensive guarantee shall be lodged in an office of guarantee.2. The use of the comprehensive guarantee shall be granted only to legal persons:— who are established in the Contracting Party where the guarantee is provided,— who have regularly used as a principal or consignor the Baltic common transit regime during the previous six months or who are known by the competent authorities to have a financial situation allowing them to fulfil their commitments and— who have not committed any serious or repeated irregularity against customs or tax laws.3. The office of guarantee shall decide the amount of the guarantee, accept the guarantor's undertaking, and issue an authorisation allowing the principal to carry out, within the limit of the guarantee, any T1B operation irrespective of the office of departure.4. Each person having obtained an authorisation shall be given, subject to the conditions laid down by the competent authorities of the Contracting Parties concerned one or more certificates of guarantee made out on a form conforming to the specimen set out in Appendix II.5. Reference to the guarantee certificate shall be made on each T1B declaration.Article 27The office of guarantee shall revoke the authorisation for the use of the comprehensive guarantee if the conditions under which it was issued no longer obtain.Article 281. Each Contracting Party may accept that the guarantor referred to in Article 24 guarantees by declaration, by a single guarantee and for flat-rate amount to be determined in Appendix II, payment of duties and other charges which may become chargeable in the course of a T1B 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 subject in one or more Contracting Parties, the flat-rate amount shall be fixed by the office of departure at a higher level.The guarantee referred to in the first subparagraph shall conform to a specimen shown in Appendix II.2. The flat-rate guarantee shall be lodged with an office of guarantee.Article 291. An individual guarantee furnished for a single T1B operation shall be lodged at the office of departure. The office of departure shall fix the amount of the guarantee.2. (This Article does not contain paragraph 2).3. (This Article does not contain paragraph 3).Article 30Without prejudice to provisions prescribing other cases of exemption, the principal shall be exempted by the competent authorities of the Contracting Parties concerned from payment of duties and other charges in the case of:(a) goods which have been destroyed as a result of force majeure or unavoidable accident duly proven;(b) recognized shortages arising from the nature of the goods.Article 31The guarantor shall be released from his obligations when the T1B document has been discharged at the office of departure.When the guarantor has not been advised by the competent authorities of the Contracting Party of departure of the non-discharge of the T1B document, he shall likewise be released from his obligations upon expire of a period of 12 months from the date of registration of the T1B declaration.Where, within the period provided for in the second subparagraph, the guarantor has been advised by the competent authorities of the non-discharge of the T1B document, he shall, in addition, be notified that he is or may be required to pay the amounts for which he is liable in respect of the T1B operation in question.This notification shall reach the guarantor not later than three years after the date of registration of the T1B 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.Chapter 3GUARANTEE WAIVERArticles 32 to 33(This Appendix does not contain Articles 32 to 33)Chapter 4IRREGULARITIESArticle 341. When it is found that, in the course of a T1B operation, an offence or irregularity has been committed in a particular Contracting Party, the recovery of duties or other charges which may be chargeable shall be effected by that Contracting Party 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:(a) when, in the course of a T1B operation, the offence or irregularity is detected at an office of transit situated at an internal frontier: in the Contracting Party which the means of transport or the goods have just left;(b) (this paragraph does not contain subparagraph b);(c) when, in the course of a T1B operation, the offence or irregularity is detected in the territory of a Contracting Party elsewhere than at an office of transit: in the Contracting Party in which it is detected;(d) when the consignment has not been produced at the office of destination: in the last Contracting Party which the means of transport or the goods are shown by the transit advice note to have entered;(e) when the offence or irregularity is detected after the T1B operation has been concluded: in the Contracting Party in which it is detected.3. (This Article does not contain paragraph 3).Chapter 5LEGAL EFFECTSArticle 351. The T1B documents issued in accordance with the rules and the identification measures taken or accepted by the competent authorities of one Contracting Party shall have the same legal effect in other Contracting Parties as the T1B documents issued in accordance with the rules and the identification measures taken or accepted by the competent authorities of each of those Contracting Parties.2. The findings of the competent authorities of a Contracting Party made when inspections are carried out under the T1B procedure shall have the same force in other Contracting Parties as findings of the competent authorities of each of those Contracting Parties.Article 36(This Appendix does not contain Article 36)Title VIT2B PROCEDUREArticle 37(This Appendix does not contain an Article 37)Title VIISPECIAL PROVISIONS APPLYING TO CERTAIN MODES OF TRANSPORTArticles 38 to 40(This Appendix does not contain Articles 38 to 40)Title VIIISPECIAL PROVISIONS APPLYING TO POSTAL CONSIGNMENTSArticle 411. By way of derogation from Article 1, the T1B procedure shall not apply to postal consignments (including postal packages).2. (This Article does not contain paragraph 2).Title IXArticles 42 to 44(This Appendix does not contain Articles 42 to 44)Title XArticles 45 to 46(This Appendix does not contain Articles 45 and 46)Title XIArticle 47(This Appendix does not contain Article 47) APPENDIX II Title IGENERAL PROVISIONSArticle 1This Appendix lays down the detailed procedures for implementing the provisions of the Agreement and Appendix I of the Agreement.Title IIArticle 2(This Appendix does not contain Article 2)Title IIICOMMUNITY STATUS OF GOODSChapter IGENERAL PROVISIONSArticle 3(This Appendix does not contain Article 3)ScopeArticle 4(This Appendix does not contain an Article 4)Conditions of direct carriageArticle 5(This Appendix does not contain Article 5)Chapter IIUSE OF DOCUMENTSArticles 6 to 9(This Appendix does not contain Articles 6 to 9)Retroactive issue of documentsArticle 10(This Appendix does not contain Article 10)Chapter IIIDETAILED PROCEDURES SPECIFIC TO CERTAIN TRANSIT PROCEDURES OR TO CERTAIN CATEGORIES OF GOODSCarriage under cover of TIR carnets or ATA carnetsArticles 11 to 14(This Appendix does not contain Articles 11 to 14)Goods in passenger-accompanied baggageArticle 151. The T1B procedure shall not be compulsory for the carriage of goods accompanying passengers or contained in their luggage, if the goods concerned are not intended for commercial use.2. (This Article does not contain paragraph 2).Chapter IVADMINISTRATIVE ASSISTANCEArticle 16The competent authorities of the Contracting Parties concerned shall assist one another in regard to checking the authenticity and accuracy of the documents and the regularity of the detailed procedures laid down in this Appendix.Title IVPROVISIONS APPLYING TO THE T1B PROCEDUREChapter IPROCEDURESection 1FormsArticle 171. The T1B declaration shall be made on a single administrative document form, the specimens of which are contained in the Annexes I to IV to Appendix III.Such declarations shall be drawn up in accordance with the rules laid down in this Agreement.2. Loading lists based on the specimen in Annex I to this Appendix may, subject to the conditions laid down in Articles 25 to 29, be used as the descriptive part of the T1B declaration. The use thereof shall in no way affect the obligations in respect of formalities for any dispatch/export procedure or any procedure in the Contracting Party of destination, as the case may be, or in respect of the forms used for such formalities.Section 2T1B declarationsDescription and useArticle 181. Where goods have to move under the T1B procedure, the principal shall enter the symbol "T1B" in the right-hand subdivision of box 1 of the form used. Where supplementary forms are used, the principal shall enter the symbol "T1B (a)" in the right-hand subdivision of box 1 of the supplementary form used.When, in the event of use of a computerised 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 "T1B (a)" shall be entered in the right-hand section of box 1 of the said forms.2. (This Article does not contain paragraph 2).Mixed consignmentsArticle 19(This Annex does not contain Article 19)Production of the export/dispatch declaration with the transit declarationArticle 20Without 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 Agreement, 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.Presentation of T1B declarationsArticle 211. The declaration shall be presented at the competent office during the days and hours appointed for opening. However, the competent office may, at the request and expense of the declarant, authorize the declaration to be presented outside the appointed days and hours.2. Any declaration presented to the officials of a competent office in any other place duly designated for that purpose by agreement between the competent authorities and the person concerned shall be regarded as having been presented at the above-mentioned office.Examination of goodsArticle 221. The goods shall be examined in the places designated and during the hours appointed for that purpose.2. However, the competent office may, at the request of the declarant, carry out the examination of the goods in places or hours other than those referred to in paragraph 1.Any costs involved shall be borne by the declarant.Section 3Loading listsDefinitionArticle 23The loading list referred to in Article 17 (2) means any commercial document which complies with the conditions laid down in Articles 24 to 29 and in Articles 60 to 63.Form of loading listsArticle 24The loading list shall include:(a) the heading "Loading list";(b) a box, 70 x 55 mm, divided into a top part 70 x 15 mm for the insertion of the symbol "T1B" followed by one of the endorsements referred to in Article 18 (1) and (2) a lower part 70 x 40 mm for the references referred to in Article 27 (3);(c) columns, in the following order and headed as shown:— Serial No,— Marks, numbers, number and kind of package; description of goods,— Contracting Party of dispatch/export,— Gross mass (in kilograms),— Reserved for official use.The width of the columns may be adapted as necessary, except that the width of the column headed "Reserved for official use" shall be not less than 30 mm. Spaces other than those referred to under (a), (b) and (c) above, may also be used.Completion of loading listsArticle 251. Only the front of the forms may be used as a loading list.2. Each item shown on a loading list shall be preceded by a serial number.3. (This Article does not contain paragraph 3).4. A horizontal line shall be drawn after the last entry and the remaining unused spaces barred so that any subsequent addition is impossible.Simplification of loading listsArticle 261. The competent authorities of each Contracting Party may allow the use as loading lists, within the meaning of Article 17 (2), of lists which do not comply with all the requirements of Articles 23, 24 and 60 to 63.Use of such lists shall be allowed only where:(a) they are produced by firms whose records are based on an electronic or automatic data processing system;(b) they are designed and completed in such a way that they can be used without difficulty by the competent authorities;(c) they include for each item, the number, kind and marks and numbers of packages, the description of the goods, the Contracting Party of dispatch/export and the gross mass in kilograms.2. Use, as loading list as referred to in paragraph 1, of descriptive lists drawn up for the purposes of carrying out dispatch/export formalities may also be allowed even where such lists are produced by firms whose records are not based on an electronic or automatic data processing system.Use of loading listsArticle 271. Where the principal uses loading lists for a consignment comprising two or more types of goods, the boxes 15 "Country of dispatch/export", 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 T1B procedure shall be barred and 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 shall not be used.2. The loading list shall be produced in the same number of copies as the form used for transit purposes to which it relates.3. When the declaration is registered, the loading list must bear the same registration number as the form used for the procedure to which it relates. 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 or by the personal stamp of an official of the office of departure.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 the T1B procedure, each must bear a serial number allotted by the principal: the number of accompanying loading lists shall be shown in box 4 "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 "T1B" in the right-hand subdivision of box 1 and accompanied by one or more loading lists shall, be treated as equivalent to a T1B declaration for the purposes of Article 10 of Appendix I.Mixed consignmentsArticle 28(This Appendix does not contain Article 28)Consignments comprising only one type of goodsArticle 29The competent authorities of each Contracting Party may allow firms whose records are based on an electronic or automatic data processing system and which, by virtue of Article 26, are already allowed to use loading lists of a special type, to use such lists for T1B transit operations involving only one type of goods where this facility is made necessary by the computer programmes of the firms concerned.Section 4Formalities at the office of departureTime-limit for the presentation of goodsArticle 30The time-limit prescribed by the office of departure by which the goods must be presented at the office of destination shall be binding on the competent authorities of the Contracting Parties whose territory is entered during a T1B transit operation and shall not be altered by those authorities.Section 5Transit advice noteArticle 31The form to be completed as the transit advice note for the purposes of Article 18 of Appendix I shall conform to the specimen in Annex II.Section 6Formalities at the office of destinationReceiptArticle 321. Any person, who delivers to the office of destination a T1B transit document together with the consignment to which that document relates may obtain a receipt on request.2. The form to be completed as the receipt, to certify that a T1B transit document and the relevant consignment have been presented at the office of destination, shall conform to the specimen in Annex III . However, as regards the T1B transit document, the receipt on the return copy thereof may be used.3. 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 the office of destination, but the certification of the office of destination shall be valid only in respect of the particulars contained in that space.Return of documents — Central officesArticle 33Each Contracting Party shall have the right to designate one or more central offices to which documents shall be returned by the competent offices in the Contracting Parties of destination. Contracting Parties shall, after designating such offices for that purpose, inform the Joint Committee and the other Contracting Parties accordingly and specify the category of documents to be returned thereto.Chapter IIGUARANTEESSection 1Guarantee documentsArticle 34The guarantee document referred to in Article 25 (1) of Appendix I shall conform to the specimen contained in:— Annex IV, in the case of a comprehensive guarantee;— Annex V, in the case of an individual guarantee;— Annex VI, in the case of a flat-rate guarantee.Section 2Amount of the comprehensive guaranteeArticle 34 AWithout prejudice to the conditions of Article 34 B the level of the comprehensive guarantee shall be determined in the manner below:1. The amount of the comprehensive guarantee is fixed at 100 % of the duties and other charges payable, with a minimum of ECU 7 000, under the provisions of paragraph 4, except in the cases referred to in paragraph 2.2. The customs authority may fix the amount of the comprehensive guarantee at 30 % at least of the duties and other charges payable, with a minimum of ECU 7 000, under the provisions of paragraph 4, as long as:— the operator has during the period of 2 years regularly carried out Baltic Common Transit operations under the comprehensive guarantee system,— he has not committed breaches of his obligations during that period,— the goods are not listed in Annex VIII of Appendix II.3. The exception provided for in paragraph 2 shall not apply if the conditions referred to therein no longer obtain.4. The office of guarantee shall make an evaluation over a period of four days of:— consignments made,— the duties and other charges payable taking into account the highest level of taxation applicable in the Contracting Party to which the office of guarantee belongs.This evaluation shall be made on the basis of the commercial and accounting documentation of the person concerned in respect of the goods transported in the course of the previous six months, the amount obtained then being divided by 46.In the case of applicants for the use of the comprehensive guarantee the office of guarantee shall in collaboration with the person concerned, estimate the quantity, value, and taxes applicable to the goods being transported over a given period based on the data already available. The office of guarantee shall by extrapolation determine the likely value of and taxes on the goods to be transported during the period of four days.5. The office of guarantee shall carry out every six months a review of the amount of the comprehensive guarantee, in particular on the basis of information from the offices of departure and shall if appropriate, adjust the amount.Temporary suspension of the comprehensive guaranteeArticle 34 BWhen T1B operations present, because of the nature of the goods concerned, exceptional risks of fraud, on request of one or more Contracting Parties, the use of the comprehensive guarantee may be temporarily forbidden with regard to such goods by a decision of the Joint Committee.The meeting of the Joint Committee shall be held and the decision of the Joint Committee to temporarily forbid the use of the comprehensive guarantee shall be taken no later than thirty days from the date of submission of the draft decision to the other Contracting Parties if no objection is lodged by any Contracting Party within this period by means of a letter addressed to the Joint Committee and the other Contracting Parties.Each Contracting Party shall ensure that the decision is drawn to the attention of its operators.The exclusion of goods from the comprehensive guarantee system shall be limited to a period of 12 months unless the Joint Committee decides to extend it.Article 34 CFor T1B transit operations involving goods covered by the provisions of Article 34 B, the following measures shall be applied:— the HS code using at least four digits shall be shown on the T1B document;— one of the following mentions should be marked diagonally in red across all copies of the T1B document concerned and should occupy a space of not less than 100 mm by 10 mm (Article 34 B of Appendix II):EE: Lisa II artikkel 34 B,LV: II pielikuma 34. B pants,LT: II priedo 34 B straipsnis;— the return copies of the T1B documents bearing this reference must be returned to the office of departure no later than one working day following that on which the goods and the T1B document were presented to the office of destination.Guarantee certificateArticle 35The guarantee certificate for which provision is made in Article 26 (4) of Appendix I shall conform to the specimen in Annex VII. The certificate shall be issued and used in accordance with Articles 36 to 39.Authorized personsArticle 361. The principal shall, on issue of the certificate of guarantee or at any time during the validity thereof, nominate on his own responsibility on the reverse of the certificate the person, or persons, authorized to sign T1B transit 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 shall 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 agentsArticle 37Any person named on the reverse of a guarantee certificate presented at an office of departure shall be deemed to be the authorized agent of the principal.Period of validity: extensionArticle 38The period of validity of a guarantee certificate shall not exceed two years. However, that period may be extended by the guarantee office for one further period not exceeding two years.CancellationArticle 39If the guarantee is cancelled the principal shall be responsible for returning to the guarantee office forthwith all valid guarantee certificates issued to him.Each Contracting Party shall forward details of any unreturned valid certificates to the other Contracting Parties.Section 3Flat-rate guaranteeAmount of the guaranteeArticle 40Without prejudice to the provisions in Article 41 (2) and (3), the flat-rate amount which the guarantor may be permitted to guarantee by means of a declaration, in accordance with Article 28 (1) of Appendix I shall be equal to ECU 7 000.Increase in the flat-rate guaranteeArticle 411. Except in the cases referred to in paragraphs 2 and 3, the office of departure shall not require a guarantee in excess of the flat-rate amount of ECU 7000 for each T1B transit declaration, irrespective of the amount of duties and other charges to which the goods covered by a particular declaration may be liable.2. Where, owing to circumstances peculiar to it, a transport operation involves increased risks and the guarantee of ECU 7000 is therefore insufficient, the office of departure shall ask for a guarantee of a greater amount in multiples of ECU 7000 in order to guarantee the duties and other charges relating to the total quantity of goods to be dispatched.In particular a transport operation is considered to present an increased risk of fraud when it includes goods to which with respect to the use of the comprehensive guarantee the provisions of Article 34 B apply.3. Additionally, the carriage of goods listed in Annex VIII shall give rise to an increase in the amount of the flat-rate guarantee where the quantity of goods carried exceeds the quantity corresponding to the flat-rate amount of ECU 7000.In that case, the flat-rate amount shall be increased to the multiple of ECU 7000 necessary to guarantee the quantity of goods to be dispatched.4. 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 ECU 7000. Consignment comprising both sensitive and non-sensitive goods Article 421. Where the T1B transit declaration includes other goods besides those shown in the list referred to in Article 41 (3), the flat-rate guarantee provisions shall be applied as if the two categories of goods were covered by separate declarations.2. 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.Guarantee vouchersArticle 431. Acceptance of the guarantee by the guarantee office shall confer on the guarantor authority 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 T1B operation from an office of departure of their choice.2. The flat-rate guarantee voucher shall conform to the specimen in Annex IX. The entries on the back of that specimen may, however, be shown on the front, above the particulars of the legal person issuing the voucher, the following entries remaining unchanged.3. The guarantor shall be liable up to an amount of ECU 7000 in respect of each flat-rate guarantee voucher.4. Without prejudice to the provisions of Articles 41 and 44, the principal may carry out one T1B operation under each flat-rate guarantee voucher. The voucher shall be delivered to the o …