A E B T R I © AEBTRI 2006 Page 1 Regional TIR Seminar Controlled Access To The TIR procedure Sofia, Bulgaria, 11 - 12 May 2006 Vessela Kojouharova, AEBTRI.

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Presentation transcript:

A E B T R I © AEBTRI 2006 Page 1 Regional TIR Seminar Controlled Access To The TIR procedure Sofia, Bulgaria, May 2006 Vessela Kojouharova, AEBTRI Head TIR Department

A E B T R I © AEBTRI 2006 Page 2 CONTROLLED ACCESS PPP = Public & Private Partnership Associations and competent authorities must apply Admission Procedures (by enforcing the TIR Convention) PPP = Public & Private Partnership Associations and competent authorities must apply Admission Procedures (by enforcing the TIR Convention) This is the first opportunity to prevent fraud efficiently and provide for smooth functioning of the TIR System! Careful selection of transport operators (TIR Convention - Annex 9, Part II, Article 1 ) (TIR Convention - Annex 9, Part II, Article 1 )

A E B T R I © AEBTRI 2006 Page 3 CONTROLLED ACCESS TIR Convention, Annex 9, Part II, Article 1 Minimum Conditions and Requirements a)Proven experience or, at least, capability to engage in regular international transport b)Sound financial standing c)Proven knowledge in the application of the TIR Convention d)Absence of serious or repeated offences against Customs or tax legislation TIR Convention, Annex 9, Part II, Article 1 Minimum Conditions and Requirements a)Proven experience or, at least, capability to engage in regular international transport b)Sound financial standing c)Proven knowledge in the application of the TIR Convention d)Absence of serious or repeated offences against Customs or tax legislation

A E B T R I © AEBTRI 2006 Page 4 CONTROLLED ACCESS TIR Convention, Annex 9, Part II, Article 3 Procedures for admission to TIR: Commission for access to the TIR procedure comprises Representatives of:  Customs Agency  Ministry of Transport  Direction of national police – section “Economical police”  AEBTRI TIR Convention, Annex 9, Part II, Article 3 Procedures for admission to TIR: Commission for access to the TIR procedure comprises Representatives of:  Customs Agency  Ministry of Transport  Direction of national police – section “Economical police”  AEBTRI

A E B T R I © AEBTRI 2006 Page 5 TIR Convention, Annex 9, Part II, Article 1, a)  Check official company registration  Verify the International Licence of the company  Control the numbers and TIR certification of vehicles  Check Certificate of Professional Competence of directors and main shareholders (CPC)  Check proof of past business operations, CMR, orders and other documents  Check official company registration  Verify the International Licence of the company  Control the numbers and TIR certification of vehicles  Check Certificate of Professional Competence of directors and main shareholders (CPC)  Check proof of past business operations, CMR, orders and other documents Proven Experience CONTROLLED ACCESS

A E B T R I © AEBTRI 2006 Page 6 TIR Convention, Annex 9, Part II, Article 1, b) Sound Financial Standing CONTROLLED ACCESS  Verify company’s financial status with National Authorities, registration inTax Office, document proving absence of offences against Tax legislation  Check Annual Company Accounts, Reports  Bank Guarantees by Holders to participate in the TIR system

A E B T R I © AEBTRI 2006 Page 7 TIR Convention, Annex 9, Part II, Article 1, c) Proven knowledge in the application of the TIR Convention CONTROLLED ACCESS  Check the knowledge of the future Holder of TIR Carnet  Provide training for management and staff

A E B T R I © AEBTRI 2006 Page 8 TIR Convention, Annex 9, Part II, Article 1, d) Absence of serious or repeated offences against Customs or tax legislation CONTROLLED ACCESS  Customs Agency and Economical police verify the absence of previous offences by all involved in the company  Positive evidence of “clean sheet”- certificate of Court and document of National services for investigations proving absence of offences against penal code

A E B T R I © AEBTRI 2006 Page 9 Who does what: Proven Experience Actions & documents required Association Competent Authorities Registration Collect documents Validate International Licence CollectValidate VehiclesCollectValidate CPCCollectValidate CMR Collect and analyse …

A E B T R I © AEBTRI 2006 Page 10 Actions & documents required Association Competent Authorities Credit rating Request Validate as required Accounts Audit Report Collect, analyse Validate as required Who does what: Financial Standing

A E B T R I © AEBTRI 2006 Page 11 Actions & documents required Association Competent Authorities Holder of TIR Carnet verify CPC and Interview - Register information about TIR responsible person Monitor and check Inform and confirm Who does what: Knowledge

A E B T R I © AEBTRI 2006 Page 12 Actions & documents required Association Competent Authorities Check absence RequestConfirm ReputationInterviewConfirm Monitor with public information Who does what: Absence of repeated offences against Customs or Tax legislation

A E B T R I © AEBTRI 2006 Page 13 CONTROLLED ACCESS The Commission for access to TIR procedure has a session every 2 months. AEBTRI collects and checks all documentation, presented by the Holder. After this the commission discusses and analyses each candidate they make a protocol recommending approval as a TIR Holder. After this the commission discusses and analyses each candidate they make a protocol recommending approval as a TIR Holder. This protocol and attached relevant documents is sent to Director of the Customs Agency for a decision on the applicant’s access to TIR. The Commission for access to TIR procedure has a session every 2 months. AEBTRI collects and checks all documentation, presented by the Holder. After this the commission discusses and analyses each candidate they make a protocol recommending approval as a TIR Holder. After this the commission discusses and analyses each candidate they make a protocol recommending approval as a TIR Holder. This protocol and attached relevant documents is sent to Director of the Customs Agency for a decision on the applicant’s access to TIR.

A E B T R I © AEBTRI 2006 Page 14 CONTOLLED ACCESS After consideration the customs authorities send the authorization of persons to AEBTRI and TIRExB. TIR Convention, Annex 9, Part II, Article 6 “The authorisation for access to the TIR procedure does not constitute in itself a right to obtain TIR Carnets from the Associations” Associations have the absolute right to refuse authorisation, to suspend or to exclude a transport company at any time…

A E B T R I © AEBTRI 2006 Page 15 Continuous Monitoring of Holder’s Status ! Continuous Monitoring of status of Holders of TIR Carnets !