LegalizeCouncil Regulation (EEC) No 3237/76 of 21 December 1976 on the advance implementation of the Technical Annexes and the advance use of the specimen TIR carnet of the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975, Geneva
COUNCIL REGULATION (EEC) No 3237/76
of 21 December 1976
on the advance implementation of the Technical Annexes and the advance use of the specimen TIR carnet of the Customs Convention on the international transport of goods under cover of TIR carnets (TIR Convention) of 14 November 1975, Geneva
Article 1
As from 1 January 1977, Annexes 1, 2, 3, 4, 5 and 7 to the 1975 TIR Convention shall apply in the Community.
The Explanatory Notes in Annex 6 to the aforesaid Convention relative to the Annexes listed in subparagraph 1 shall apply as from the same date.
As from 1 January 1977, the specimen TIR carnet featuring in Annex I to the 1975 TIR Convention shall have the same legal force and the same effect in the Community as the TIR carnet of the 1959 Convention.
The texts of Annexes 1, 2, 3, 4, 5 and 7 to the 1975 TIR Convention and the Explanatory Notes in Annex 6 relative to those Annexes are contained in the Annex to this Regulation.
Article 2
The Commission shall inform the Executive Secretary of the Economic Commission for Europe of the provisions adopted in Article 1.
Article 3
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX 1
The TIR carnet is printed in French except for page 1 of the cover where the items are also printed in English. The ‘rules regarding the use of the TIR carnet’ given in French on page 2 of the cover are also printed in English on page 3 of the cover.
ANNEX 2
Article 1
Basic principles
Approval for the international transport of goods under customs seal may be granted only to vehicles, the load compartments of which are constructed and equipped in such a manner that:
(a)no goods can be removed from, or introduced into, the sealed part of the vehicle without leaving obvious traces of tampering or without breaking the customs seal;
(b)customs seals can be simply and effectively affixed to them;
(c)they contain no concealed spaces where goods may be hidden;
(d)all spaces capable of holding goods are readily accessible for customs inspection.
Article 2
Structure of load compartments
To meet the requirements of Article 1 of these Regulations:
(a)the constituent parts of the load compartment (sides, floor, doors, roof, uprights, frames, cross-pieces, etc.) shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving obvious traces or by such methods as will produce a structure which cannot be modified without leaving obvious traces. When the sides, floor, doors and roof are made up of various components, these shall meet the same requirements and be of sufficient strength;
(b)doors and all other closing systems (including stopcocks, manhole-covers, flanges, etc.) shall be fitted with a device on which customs seals can be fixed. This device must be such that it cannot be removed and replaced from the outside without leaving obvious traces, or the door or fastening be opened without breaking the customs seals. The latter shall be adequately protected. Opening roofs shall be permitted;
(c)apertures for ventilation and drainage shall be provided with a device preventing access to the interior of the load compartment. This device must be such that it cannot be removed and replaced from the outside without leaving obvious traces.
Notwithstanding the provisions of Article 1 (c) of these Regulations, constituent parts of the load compartment which, for practical reasons, have to include empty spaces (for example, between the partitions of a double wall) shall be permitted. In order that the said spaces cannot be used to conceal goods:
(i)where it covers the full height from floor to roof, or, in other cases, where the space between it and the outer wall is completely enclosed, the lining inside the load compartment shall be so fitted that it cannot be removed and replaced without leaving obvious traces, and
(ii)where a lining is of less than full height and the spaces between the lining and the outer wall are not completely enclosed, and in all other cases where spaces occur in the construction of a load compartment, the number of such spaces shall be kept to a minimum and these spaces shall be readily accessible for customs inspection.
Windows shall be allowed provided that they are made of materials of sufficient strength and that they cannot be removed and replaced from the outside without leaving obvious traces. Glass shall nevertheless be permitted, but in this case the window shall be fitted with a fixed metal grille which cannot be removed from the outside; the mesh of the grille shall not exceed 10 mm.
Openings made in the floor for technical purposes, such as lubrication, maintenance and filling of the sandbox, shall be allowed only on condition that they are fitted with a cover capable of being fixed in such a way as to render the load compartment inaccessible from the outside.
Article 3
Sheeted vehicles
Where appliacble, the provisions of Articles 1 and 2 of these Regulations shall apply to sheeted vehicles. Inaddition, these vehicles shall conform to the provisions of this Article.
The sheet shall be either of strong canvas or of plastic-covered or rubberized cloth, which shall be of sufficient strength and unstretchable. It shall be in good condition and made up in such a way that once the closing device has been secured, it is impossible to gain access to the load compartment without leaving obvious traces.
If the sheet is made up of several pieces, their edges shall be folded into one another and sewn together with two seams at least 15 mm apart. These seams shall be made as shown in Sketch No 1 appended to these Regulations; however, where in the case of certain parts of the sheet (such as flaps and reinforced corners) it is not possible to assemble the pieces in that way, it shall be sufficient to fold the edge of the top section and make the seams as shown in Sketch No 2 or 2 (a) appended to these Regulations. One of the seams shall be visible only from the inside and the colour of the thread used for that seam shall be clearly different from the colour of the sheet itself and from the colour of the thread used for the other seam. All seams shall be machine-sewn.
If the sheet is of plastic-covered cloth, and is made up of several pieces, the pieces may alternatively be welded together in the manner shown in Sketch No 3 appended to these Regulations. The edges of the pieces shall overlap by at least 15 mm. The pieces shall be fused together over the whole width of the overlap. The edge of the outer sheet shall be covered with a band of plastic material at least 7 mm wide, affixed by the same welding process. The plastic band and the sheet on each side of it for a width of at least 3 mm shall have a clearly-defined uniform relief pattern stamped on them. The pieces shall be welded in such a way that they cannot be separated and rejoined without leaving obvious traces.
Repairs shall be made in accordance with the method described in Sketch No 4 appended to these Regulations; the edges shall be folded into one another and sewn together with two visible seams at least 15 mm apart; the colour of the thread visible from the inside shall be different from that of the thread visible from the outside and from that of the sheet itself; all seams shall be machine-sewn. When a sheet which has been damaged near the edges is repaired by replacing the damaged part by a patch, the seam can also be made in accordance with the provisions of paragraph 3 of this Article and Sketch No 1 appended to these Regulations. Sheets of plastic-covered cloth may alternatively be repaired in accordance with the method described in paragraph 4 of this Article, but in that case the plastic band must be affixed to both sides of the sheet, the patch being fitted on the inside of the sheet.
6.
(a)The sheet shall be fixed to the vehicle in strict compliance with the conditions set forth in Article 1 (a) and (b) of these Regulations. The following types of fastening shall be provided:
(i)metal rings fixed to the vehicles,
(ii)eyelets let into the edge of the sheet,
(iii)a fastening passing through the rings above the sheet and visible from the outside for its entire length.
The sheet shall overlap solid parts of the vehicle by at least 250 mm, measured from the centre of the securing rings, unless the system of construction of the vehicle in itself prevents all access to the load compartment.
(b)When any edge of a sheet is to be permanently secured to a vehicle, the joint shall be continuous and effected by means of solid devices.
The sheet shall be supported by an adequate superstructure (uprights, sides, arches, slats, etc.).
The spaces between the rings and the spaces between the eyelets shall not exceed 200 mm. The space may however be greater but shall not exceed 300 mm between rings and eyelets on either side of the upright if the construction of the vehicle and the sheet is such as to prevent all access to the load compartment. The eyelets shall be reinforced.
The following fastenings shall be used:
(a)steel wire ropes of at least 3 mm diameter; or
(b)ropes of hemp or sisal of at least 8 mm diameter encased in a transparent sheath of unstretchable plastic.
Wire ropes may have a transparent sheath of unstretchable plastic.
metal end-piece at each end. The fastener of each metal end-piece shall include a hollow rivet passing through the rope so as to allow the introduction of the thread 10. Each rope shall be in one piece and have a hard or strap of the customs seal. The rope shall remain visible on either side of the hollow rivet so that it is possible to ensure that the rope is in one piece (see Sketch No 5 appended to these Regulations).
At the openings in the sheet, used for loading and unloading, the two edges of the sheet shall have an adequate overlap. They shall also be fastened by:
(a)a flap sewn or welded in accordance with paragraphs 3 and 4 of this Article;
(b)rings and eyelets meeting the conditions of paragraph 8 of this Article; and
(c)a thong made of appropriate material, in one piece and unstretchable, at least 20 mm wide and 3 mm thick, passing through the rings and holding together the two edges of the sheet and the flap; the thong shallbe secured inside the sheet and fitted with an eyelet to take the rope mentioned in paragraph 9 of this Article.
A flap shall not be required if a special device, such as a baffle plate, is fitted, which prevents access to the load compartment without leaving obvious traces.
Sketch No 1
Sheet made of several pieces sewn together
Sketch No 2
Sheet made of several pieces sewn together
Sketch No 2 (a)
Sheet made of several pieces sewn together
Sketch No 3
Sheet made of several pieces welded together
Sketch No 4
Repair of the sheet
Sketch No 5
Example of end-piece
ANNEX 3
General
Road vehicles may be approved by one of the following procedures:
(a)individually; or (b)by design type (series of road vehicles).
An approval certificate conforming to the standard form of Annex 4 shall be issued for approved vehicles. This certificate shall be printed in the language of the country of issue and in French or English. When the authority which has granted the approval deems it necessary, photographs or diagrams authenticated by that authority shall be attached to the certificate. The number of those documents shall then be inserted by that authority under item 6 of the approval certificate.
The approval certificate shall be kept on the road vehicle.
Road vehicles shall be produced every two years, for the purposes of inspection and of renewal of approval, where appropriate, to the competent authorities of the country in which the vehicle is registered or, in the case of unregistered vehicles, of the country in which the owner or user is resident.
If a road vehicle no longer complies with the technical conditions prescribed for its approval, it shall, before it can be used for the transport of goods under cover of TIR carnets, be restored to the condition which had justified its approval so as to comply again with the said technical conditions.
If the essential characteristics of a road vehicle are changed, the vehicle shall cease to be covered by the approval and shall be reapproved by the competent authority before it can be used for the transport of goods under cover of TIR carnets.
The competent authorities of the country of registration of the vehicle or, in the case of vehicles for which registration is not required, the competent authorities of the country where the owner or user of the vehicle is established may, as the case may be, withdraw or renew the approval certificate or issue a new approval certificate in the circumstances set out in Article 14 of this Convention and in paragraphs 4, 5 and 6 of this Annex.
Procedure for individual approval
The owner, the operator or the representative of either shall apply to the competent authority for individual approval. The competent authority shall inspect the road vehicle produced in accordance with the general rules laid down in paragraphs 1 to 7 above and shall satisfy itself that the vehicle complies with the technical conditions prescribed in Annex 2, and after approval shall issue a certificate conforming to the model in Annex 4.
Procedure for approval by design type (series of road vehicles)
Where road vehicles are manufactured by type series, the manufacturer may apply to the competent authority of the country of manufacture for approval by design-type.
The manufacturer shall state in his application the identification numbers or letters which he assigns to the type of road vehicle to which his application for approval relates.
The application shall be accompanied by drawings and a detailed design specification of the type of road vehicle to be approved.
The manufacturer shall give an undertaking in writing that he will:
(a)produce to the competent authority such vehicles of the type concerned as that authority may wish to examine; (b)permit the competent authority to examine further units at any time during the production of the type series concerned; (c)advise the competent authority of any change, however small, in the design or specification before proceeding with such change; (d)mark the road vehicles in a visible place with the identification numbers or letters of the design-type and the serial number of the vehicle in the type series (manufacturer's number); (e)keep a record of vehicles manufactured to the approved design-type.
The competent authority shall state what changes, if any, must be made to the proposed design-type in order that approval may be granted.
No approval by design-type shall be granted unless the competent authority has satisfied itself by examination of one or more vehicles manufactured to the design-type concerned that vehicles of that type comply with the technical conditions prescribed in Annex 2.
The competent authority shall notify the manufacturer in writing of its decision to grant approval by design-type. This decision shall be dated and numbered. The authority which took the decision shall be clearly designated.
The competent authority shall take the necessary steps to issue an approval certificate, which it has duly signed, in respect of every vehicle built in conformity with an approved design-type.
The holder of the approval certificate shall, before using the vehicle for the carriage of goods under the cover of a TIR carnet, fill in, as may be required, on the approval certificate:
—the registration number given to the vehicle (item 1) or, —in the case of a vehicle not subject to registration, particulars of his name and business address (item 8).
Reading this document does not replace reading the official text published in the Official Journal of the European Union. We assume no responsibility for any inaccuracies arising from the conversion of the original to this format.