Symposium of Lawyers Geneva, 26 February 2010 © International Road Transport Union (IRU) 2010

The TIR Convention as the best existing multilateral instrument for implementing the WCO SAFE Framework, as well as AEO status Geneva, 26 February 2010 Jean Acri, Special TIR Advisor, Legal Affairs and Customs Policy © International Road Transport Union (IRU) 2010

WCO SAFE Framework of Standards Requirement fulfilled by   © International Road Transport Union (IRU) 2010

U.S. Chamber of Commerce May 2, 2008 “… the Convention on International Transport of Goods Under Cover of TIR Carnets (TIR Convention) is the best one for facilitating the implementation of the WCO SAFE Framework.” © International Road Transport Union (IRU) 2010

WCO SAFE/AEO, AEO/CMR/TIR Legal consequences for road transport contracts: AEO status © International Road Transport Union (IRU) 2010

AEO: Customs status AEO: Customs status that has no direct legal consequences regarding contractual liability Customs © International Road Transport Union (IRU) 2010

AEO: Customs status Consequences: the AEO not complying with the conditions runs the risk of having status withdrawn Customs © International Road Transport Union (IRU) 2010

Contract of carriage Consignee Sender © International Road Transport Union (IRU) 2010

Disputes © International Road Transport Union (IRU) 2010

Contract: written or verbal? © International Road Transport Union (IRU) 2010

Contract: written or verbal? What consequences if there is no written contract? Aggravating factors for: the sender the consignee the carrier AEO? © International Road Transport Union (IRU) 2010

Verifying the information? Possible conflicts between AEO/CMR/TIR CMR AEO TIR Art. 11-2 AEO: information exchange, access and confidentiality Sender: must provide accurate information and is responsible for the information transmitted. Carrier: not required to verify adequacy and sufficiency nor accuracy of the information. Procedures to ensure that the information in the carrier’s loading manifest precisely reflects the information provided by the sender or the sender’s agent, and that it is transmitted to Customs in a timely manner. Declarant = liable © International Road Transport Union (IRU) 2010

Verifying the information? AEO carrier but not AEO sender Liability of carrier due to AEO status: is this greater or not? AEO sender but not AEO carrier Liability greater if customs information is not accurate? TIR contractor: AEO or not Contractual liability greater? Customs liability greater? (c) International Road Transport Union (IRU) 2010

Liability for goods CMR : Article 8: liable carrier Verify the goods Reserve Sender: Right to have verified © International Road Transport Union (IRU) 2010

Liability for goods SAFE/AEO/OEA: security/safety of freight, sealing, shipment integrity… AEO carrier: should they refuse to accept goods they may not be able to check? Liability of AEO carrier who has not made a reserve: is it aggravated? If AEO sender: is the carrier exempted from verifying? Page 15 © International Road Transport Union (IRU) 2010

Liability for goods AEO status stipulates drawing up a security/safety manual to maintain the shipment’s integrity whilst under the AEO’s supervision In the event of accident, breakdown, theft, etc: What are the consequences? If the main AEO carrier has used a sub-contracted carrier? If there is no written contract, no specifically trained staff, is liability aggravated or not? © International Road Transport Union (IRU) 2010

Accreditation Accreditation of vehicles: TIR: accredited vehicles (sealed) SAFE: Procedures for verifying material integrity of means of transport CMR: Principle whereby the carrier shall provide a vehicle in adequate condition to undertake the carriage requested AEO carrier’s liability: Increased obligation regarding condition of the vehicle, safety/security conditions? TIR vehicle: presumes that carriage fulfills safety/security obligations? (c) International Road Transport Union (IRU) 2010

SAFE/AEO/OEA: Education, training and information - Staff AEO and its staff: Trains its staff Special training for freight integrity Employee history, antecedents In the event of a dispute, can compliance or non-compliance result in greater or in lower liability? © International Road Transport Union (IRU) 2010

SAFE/AEO/OEA: Education, training and information – Business partners AEO and business partners: Encourage them to assess and increase security/safety Mention these provisions in clauses of contract Must provide proof of efforts made to ensure business partners comply with these obligations Verify business information concerning partners AEO carriers: no more (?) one-time or one-off sub-contractors? Page 19 © International Road Transport Union (IRU) 2010

How to be protected Contract systematically in writing Difficult and generally-speaking not possible to achieve General sales/purchase conditions which include safety/security provisions but that can only be opposed/enforced if they have been duly agreed to For long-term contractual relations, recommended that safety/security provisions be in writing For one-off carriage = AEO? Page 20 © International Road Transport Union (IRU) 2010

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