Regional TIR Seminar AEBTRI Controlled Access To The TIR procedure Sofia, Bulgaria, 11 - 12 May 2006 Vessela Kojouharova, AEBTRI Head TIR Department Page 1 © AEBTRI 2006
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Regional TIR Seminar AEBTRI Controlled Access To The TIR procedure Sofia, Bulgaria, 11 - 12 May 2006 Vessela Kojouharova, AEBTRI Head TIR Department Page 1 © AEBTRI 2006 CONTROLLED ACCESS AEBTRI PPP = Public & Private Partnership Associations and competent authorities must apply Admission Procedures (by enforcing the TIR Convention) Careful selection of transport operators (TIR Convention - Annex 9, Part II, Article 1 ) This is the first opportunity to prevent fraud efficiently and provide for smooth functioning of the TIR System! Page 2 © AEBTRI 2006 CONTROLLED ACCESS AEBTRI 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 Page 3 © AEBTRI 2006 CONTROLLED ACCESS 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 Page 4 © AEBTRI 2006 CONTROLLED ACCESS AEBTRI TIR Convention, Annex 9, Part II, Article 1, a) Proven Experience 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 Page 5 © AEBTRI 2006 CONTROLLED ACCESS AEBTRI TIR Convention, Annex 9, Part II, Article 1, b) Sound Financial Standing 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 Page 6 © AEBTRI 2006 CONTROLLED ACCESS AEBTRI TIR Convention, Annex 9, Part II, Article 1, c) Proven knowledge in the application of the TIR Convention Check the knowledge of the future Holder of TIR Carnet Provide training for management and staff Page 7 © AEBTRI 2006 CONTROLLED ACCESS AEBTRI TIR Convention, Annex 9, Part II, Article 1, d) Absence of serious or repeated offences against Customs or tax legislation 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 Page 8 © AEBTRI 2006 Who does what: Proven Experience AEBTRI Actions & documents required Association Competent Authorities Registration Collect documents Validate International Licence Collect Validate Vehicles Collect Validate CPC Collect Validate CMR Collect and analyse … Page 9 © AEBTRI 2006 Who does what: Financial Standing AEBTRI Actions & documents required Association Competent Authorities Credit rating Request Validate as required Accounts Audit Report Collect, analyse Validate as required Page 10 © AEBTRI 2006 AEBTRI Who does what: Knowledge Actions & documents required Association Competent Authorities Holder of TIR Carnet verify CPC and Interview - Register Monitor and check information about TIR responsible person Page 11 Inform and confirm © AEBTRI 2006 Who does what: AEBTRI Absence of repeated offences against Customs or Tax legislation Actions & documents required Association Competent Authorities Check absence Request Confirm Reputation Interview Confirm Monitor with public information Page 12 © AEBTRI 2006 CONTROLLED ACCESS AEBTRI 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. This protocol and attached relevant documents is sent to Director of the Customs Agency for a decision on the applicant’s access to TIR. Page 13 © AEBTRI 2006 AEBTRI 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… Page 14 © AEBTRI 2006 AEBTRI ! Continuous Monitoring of Holder’s Status Continuous Monitoring of status of Holders of TIR Carnets Page 15 ! © AEBTRI 2006