AEBTRI Regional TIR Seminar Sofia 11 -12 May

AEBTRI Regional TIR Seminar Sofia, 11 -12 May 2006 Cooperation between Customs, national associations and authorized TIR transport operators 1 © AEBTRI 2006

AEBTRI Co-operation Definition: Work together for a common purpose Many people believe cooperation will help you succeed more than competition will www. business-words. com 2 © AEBTRI 2006

AEBTRI Co-operation Common & primary objective of all parties involved in the TIR System § ensure the correct termination of a TIR Operation or § establish, as fast as possible, if termination did NOT occur & react to eliminate further risk. 3 © AEBTRI 2006

AEBTRI Co-operation It is therefore essential that: National Associations, Customs & TIR Carnet Holders § Immediately distribute information to the other parties concerned § When one party requests another to carry out a specific action, the requestor is kept informed of the actions undertaken & their results 4 © AEBTRI 2006

AEBTRI Legal aspects It is important to keep in mind that: Every party involved in TIR System acts within a specific legal framework & must fulfil its legal obligations 5 © AEBTRI 2006

AEBTRI Legal hierarchy § International Level: • TIR Convention § National Level: • National laws and regulations § Contractual relationships: • Documents signed between the actors involved in the TIR System 6 © AEBTRI 2006

AEBTRI Contractual relations in the context of the TIR Convention GU DEE AR D AN OF TE E ASSOCIATION CUSTOMS N IO AT R NT LA of ME E EC G D A G EN TIR Carnet Holder 7 © AEBTRI 2006

AEBTRI Claims Procedures If a TIR Operation is not discharged, Customs shall: Article 8. 7 • Establish whether a Customs debt has incurred • Identify the debtors (according to national law) • Require payment of the Customs debt from the debtors 8 © AEBTRI 2006

AEBTRI Notification of Non-Discharge Sent to the Guaranteeing Association within 1 year - after taking into charge the TIR Carnet within 2 years - in case the certificate of termination was obtained in an improper or fraudulent manner ARTICLE 11 (1) 9 © AEBTRI 2006

AEBTRI Payment Request Sent to the Guaranteeing Association § 3 months after notification at the earliest § 2 years after notification at the latest Article 11 (2) 3 month period for the Guaranteeing Association to pay, or to oppose the payment request ( Article 11 (3)) 10 © AEBTRI 2006

AEBTRI Deadlines for a claim in the TIR Convention Acceptance Notification Deadline before the of TIR of non. Request for Carnet discharge payment 1 year 3 months 2 years Request for payment 3 months (2 years if a certificate for termination of a TIR operation is obtained in an improper and fraudulent manner) 11 © AEBTRI 2006

Payment Request AEBTRI Sent to the Guaranteeing Association • Time limit is specified in the TIR Convention • No penalties • Maximum amount is specified in the Deed of Guarantee = USD $ 50, 000 for each TIR Carnet (EUR 60’ 000 in the EU). 12 © AEBTRI 2006

AEBTRI Payment Request Sent to the TIR Carnet Holder § Time limit is specified in the national legislation § Allows collection of additional sums, such as penalties § No maximum amount 13 © AEBTRI 2006

AEBTRI Agency “CUSTOMS” - AEBTRI 14 © AEBTRI 2006

AEBTRI Memorandum of Understanding (Safe. TIR Agreement) § Aggregation of the data, via a central point, of all TIR operations terminated at all Customs offices of destination in Bulgaria; § Transmission of the data on a daily basis directly to the IRU § Error Reconciliation (such as: Verification of the TIR Carnet against the Safe. TIR data, lack of Safe. TIR data, errors in the transmitted data) 15 © AEBTRI 2006

AEBTRI Cooperation Agreement BASIC PRINCIPLES: § Introduction of a stringent and efficient mechanism to control the access to the TIR System § Proper application of Art. 8. 7 of the TIR Convention § Information exchange and effective use of the Safe. TIR System § Introduction of Risk Assessment Systems and Risk Management 16 © AEBTRI 2006

AEBTRI Cooperation Agreement ACHIEVEMENTS: § Establishment of a National Authorization Committee § Application of Art. 8. 7 towards Bulgarian and foreign TIR Carnet Holders 17 © AEBTRI 2006

AEBTRI Cooperation Agreement PENDING ISSUES: § Real-time capture and transmission of the Safe. TIR data § Effective but not “total” Customs control of the road transport operations on the basis of Risk Assessment Systems § Closer coordination and cooperation in respect of state and law enforcement agencies 18 © AEBTRI 2006

AEBTRI-TIR HOLDER AEBTRI provides: § Issuance and guarantee of TIR Carnets § Professional information for road transport operations (system “Trans-Info”) § Consulting services and assistance § Publishing activities (e. g. Bulgarian Transport Newspaper) § Training courses for drivers and managers 19 © AEBTRI 2006

AEBTRI TRANS-INFO Current status of TIR Holder: PANDA-BULGARIA LTD. § § § § City: SOFIA Address: j. k. . Mladost 3 bl. 327 entr. 3 floor 7 app. 94 Tel: 983 -13 -90; 983 -04 -30 Fax: 983 -35 -32, E-mail: Tax number: 2226024940 BULSTAT: 040386061 Ю Date of expiry of the admission guarantee: 19/12/2006 Date of expiry of the license: 29/01/2008 Date of expiry of the actual court registration: 31/07/2006 Admission to the TIR System: Group 2, Admission to 4, 14 & 20 v. Number of issued TIR Carnets: 7 Maximum number of TIR Carnets (quota): 12 Number of expired TIR Carnets: 0 20 © AEBTRI 2006

AEBTRI TRANS-INFO § Possibility to check the termination of a TIR operation 21 ©

AEBTRI BRANCH OFFICES § Blagoevgrad § Russe § Burgas § Smolyan § Varna § Stara Zagora § Vidin § Troyan § Gabrovo § Haskovo § Petrich § Shumen § Plovdiv 22 © AEBTRI 2006

AEBTRI Public-private partnership TIR has been a successful private-public trade facilitation tool for 58 years ! TIR is a privilege not a right! 23 © AEBTRI 2006