The guarantee chain transmits, to the eTIR international system, information on the guarantees it has issued to the holders so that they can be registered in the eTIR international system.
The guarantee chain can also query at any time the status of guarantees it has issued and obtain related TIR transport information.
On one hand, the guarantee chain transmits, to the eTIR international system, information on the guarantees it has issued to the holders so that they can be registered in the eTIR international system. The guarantee chain can also query at any time the status of guarantees it has issued and obtain related TIR transport information.
On the other hand, customs authorities use the eTIR international system to check the status of guarantees and to exchange information related to the TIR transport and to TIR operations. The management by customs of the data on guarantees and the secure exchange of data between national customs systems in relation to TIR transport information are therefore the two fundamental features of the eTIR international system. Guidelines will also be provided to promote harmonization, especially in the context of the dialogue between the holder and customs authorities.
The management by customs of data on guarantees requires a strong relationship between the guarantee chain and the eTIR international system. The guarantee chain sends information on each issued guarantee to the eTIR international system. The recording of this information in the eTIR international system is conditional on checks made against the International TIR database (ITDB) concerning authorized holders.
After having issued a guarantee to the holder, the guarantee chain shall register it in the eTIR international system by sending a standard electronic message.
Once a guarantee has been registered in the eTIR international system, the guarantee chain may cancel any guarantee which has not yet been used. It may also cancel the validity of a guarantee which is in use but only for the TIR operations which have not yet started. Such cancellation will, however, only become effective at the start of the first consecutive TIR operation.
The data on guarantees will be accessible to all customs offices. If a holder presents to customs a declaration covered by a guarantee which is not recorded in the eTIR international system or has been canceled by the guarantee chain, then customs authorities shall not accept it. Once a guarantee has been registered in the eTIR international system, the guarantee chain can query at any time the status of guarantees it has an issue. The eTIR international system notifies the guarantee chain of new information on TIR transports and TIR operations related to the guarantees it has issued, other than information that is restricted to customs. Once the customs office of departure accepts the declaration, according to national procedures, it will send a message containing that information, together with additional customs data, to the eTIR international system, in line with agreed requirements. The latter will then store the declaration information and link it with the guarantee information. This information is then sent to all customs authorities involved in the TIR transport.
Responsibilities of the International Organization (Non-exhaustive list)
Obtain the authorization from Contracting Parties (TIR Administrative Committee) to take on responsibility for the effective organization and functioning of an international guarantee system (Article 6, paragraph 2 bis and Annex 9, Part III, para.2);
Conclude written agreements on the functioning of the international guarantee system with national guaranteeing associations (Explanatory Note 0.6.2 bis-1);
Obtain the authorization from the TIR Administrative Committee to print and distribute TIR Carnets (Annex 8, Article 10 (b));
Conclude a written Agreement with UNECE, reflecting the authorizations granted in accordance with Article 6.2 bis and/or Annex 8, Article 10 (b) and stipulating that the international organization shall fulfill the relevant provisions of the Convention, shall respect the competencies of the Contracting Parties to the Convention and shall comply with the decisions of the Administrative Committee and the requests of the TIRExB. By signing the Agreement, the international organization confirms that it accepts the responsibilities imposed by the authorization (Explanatory Notes 0.6.2 bis-2 and 8.10 (b)).
Pursuant to the authorization in accordance with Annex 9, Part III, para. 2, the international organization shall:
- provide the Contracting Parties of the TIR Convention via the national associations affiliated to the international organization with certified copies of the global guarantee contract and proof of guarantee coverage;
- provide the competent bodies of the TIR Convention with information on the rules and procedures set out for the issuance of TIR Carnets by national associations; - provide the competent bodies of the TIR Convention, on a yearly basis, with data on claims lodged, pending, paid or settled without payment;
- provide the competent bodies of the TIR Convention with full and complete information on the functioning of the TIR system, in particular, but not limited to, timely and well-founded information on trends in the number of non-terminated TIR operations, claims lodged, pending, paid or settled without payment that might give rise to concerns with regard to the proper functioning of the TIR system or that could lead to difficulties for the continued operation of its international guarantee system;
- provide the competent bodies of the TIR Convention with statistical data on the number of TIR Carnets distributed to each Contracting Party, broken down by type;
- provide TIRExB with details of the distribution price by the international organization of each type of TIR Carnet;
- take all possible steps to reduce the risk of counterfeiting TIR Carnets;
- take the appropriate corrective action in cases where faults or deficiencies with the TIR Carnet have been detected and report these to TIRExB;
- fully participate in cases where TIRExB is called upon to facilitate the settlement of disputes;
- ensure that any problem involving fraudulent activities or other difficulties with regard to the application of the TIR Convention is immediately brought to the attention of TIRExB;
- manage the control system for TIR Carnets, provided for in Annex 10 of the Convention, together with national guaranteeing associations affiliated to the international organization and the customs authorities and inform the Contracting Parties and the competent bodies of the Convention of problems encountered in the system;
- provide the competent bodies of the TIR Convention with statistics and data on the performance of Contracting Parties with regard to the control system provided for in Annex 10;
- conclude, not less than two months before the provisional date of entry into force or renewal of the authorization granted in accordance with Article 6.2bis of the Convention, a written agreement with the United Nations Economic Commission for Europe secretariat, mandated by and acting on behalf of the Administrative Committee, which shall include the acceptance by the international organization of its duties set out in Annex 9, Part III, para.2;
- Attend as an observer the sessions of the TIR Administrative Committee (Annex 8, Article 1 (ii)), TIRExB (Annex 8, Article 11, para. 5), UNECE Working Party on Customs Questions affecting Transport (WP.30).