Douaneovereenkomst betreffende de tijdelijke invoer van voertuigen voor bedrijfsmatig vervoer langs de weg
The Contracting Parties,
Desiring to facilitate international road traffic,
Having regard to the provisions of the Customs Convention on the Temporary Importation of Private Road Vehicles, done at New York on 4 June 1954,
Desiring to apply similar provisions, so far as possible, to the temporary importation of commercial road vehicles and, in particular, to provide for the use, for those vehicles, of the Customs documents prescribed for private road vehicles,
For the purpose of this Convention:
The term ‘import duties and import taxes’ shall mean Customs duties and all other duties, taxes, fees and other charges which are collected on, or in connection with, the import of goods mentioned in this Convention, but not including fees and charges limited in amount to the approximate costs of services rendered;
The term “vehicles” shall mean all road motor vehicles and all trailers which can be coupled to such vehicles (whether imported with the vehicle or separately), together with their spare parts and their normal accessories and equipment, when imported with the vehicle;
The term “commercial use” shall mean use for the transport of persons for remuneration, reward or other consideration or for the industrial or commercial transport of goods with or without remuneration;
The term “temporary importation papers” shall mean the Customs document identifying the vehicle and providing evidence of the guarantee or deposit of import duties and import taxes;
The term “undertakings” shall mean commercial or industrial concerns, whatever their legal status, and shall include natural persons engaged in commercial or industrial activities;
the term ‘persons’ shall mean both natural and legal persons;
The term ‘issuing association’ shall mean an association authorized to issue temporary importation papers;
The term ‘guaranteeing association’ shall mean an association approved by the Customs authorities of a Contracting Party to act as surety for persons using temporary importation papers;
The term ‘international organization’ shall mean an organization to which national associations are affiliated which are entitled to issue and to guarantee temporary importation papers;
The term ‘Contracting Party’ shall mean a country or regional economic integration organization, Party to this Convention;
The term ‘regional economic integration organization’ shall mean an organization constituted by and composed of countries as referred to in article 33, paragraph 1 of this Convention, which has competence to adopt its own legislation that is binding on its Member States, in respect of matters governed by this Convention, and has competence to decide, in accordance with its internal procedures, to accede to this Convention.
Each of the Contracting Parties shall grant temporary admission without payment of import duties and import taxes and free of import prohibitions and restrictions, subject to re-exportation and to the other conditions laid down in this Convention, to vehicles registered in the territory of any of the other Contracting Parties and imported and used in international road traffic for commercial use by undertakings operating from that territory.
The Contracting Parties may under the conditions set out in this Convention prescribe that such vehicles shall be covered by temporary importation papers guaranteeing payment of import duties and import taxes or an equivalent sum subject to the special provisions of article 27, paragraph 4, should the vehicles covered by temporary importation papers not be re-exported within the prescribed time limit.
Vehicles which are imported with a view to their being hired out after importation shall not be entitled to the benefits of this Convention.
Subject to such conditions as the Customs authorities may impose, the driver and other members of the crew of the vehicle shall be allowed to import temporarily a reasonable quantity of personal effects, having regard to the period of stay in the country of importation.
Provisions for the journey and small quantities of tobacco, cigars and cigarettes for personal consumption, shall be admitted free of import duties and import taxes.
The fuel contained in the ordinary supply tanks of vehicles temporarily imported shall be admitted without payment of import duties and import taxes and free of import prohibitions and restrictions. Each Contracting Party may however fix maximum quantities for the fuel so admitted into its territory in the supply tanks of the vehicles temporarily imported.
Component parts imported for the repair of a particular vehicle already temporarily imported shall be admitted temporarily without payment of import duties and import taxes and free of import prohibitions and restrictions. Contracting Parties may require these parts to be covered by temporary importation papers.
Replaced parts which are not re-exported shall be liable to import duties and import taxes except where, in conformity with the regulations of the country concerned, they may be abandoned free of all expense to the Exchequer or destroyed, under official supervision, at the expense of the parties concerned.
Temporary importation papers and international circulation papers sent to associations authorized to issue the papers in question by the corresponding foreign associations, by international organizations or by the Customs authorities of the Contracting Parties, shall be admitted without payment of import duties and import taxes and free of import prohibitions and restrictions.
Subject to such guarantees and under such conditions as it may determine, each Contracting Party may authorize associations, such as those affiliated to an international organization, to issue either directly or through corresponding associations the temporary importation papers covered by this Convention.
Temporary importation papers may be valid for a single country or Customs territory, or for several countries or Customs territories.
The period of validity of these papers shall not exceed one year from the date of issue.
Temporary importation papers valid for the territories of all or several of the Contracting Parties shall be known as “carnets de passages en douane” and shall conform to the standard form contained in Annex 1 to this Convention.
If a carnet de passages en douane is not valid for one or several territories, the issuing association shall indicate the fact on the cover and on the importation vouchers of the carnet.
Temporary importation papers valid only for the territory of a single Contracting Party may conform to the standard form contained in Annex 2 of this Convention. Contracting Parties may also use other documents, in accordance with their legislation or regulations.
The period of validity of temporary importation papers, other than those issued by authorized associations as provided for in article 7, shall be laid down by each Contracting Party in accordance with its legislation or regulations.
Each Contracting Party shall, upon request, supply the other Contracting Parties with models of temporary importation papers valid for its territory, other than those appearing in the annexes to this Convention.
Temporary importation papers issued by authorized associations shall be made out in the name of the undertakings operating and temporarily importing the vehicles.
The weight to be declared on temporary importation papers is the net weight of the vehicles. It shall be expressed in the metric system. In the case of papers valid for one country only, the Customs authorities of that country may prescribe the use of another system.
The value to be declared on temporary importation papers valid for one country only shall be expressed in the currency of that country. The value to be declared on a carnet de passages en douane shall be expressed in the currency of the country where the carnet is issued.
The articles and tool-kit which form the normal equipment of vehicles need not be specially declared on the temporary importation papers.
When the Customs authorities so require, spare parts (such as wheels, tyres and inner tubes) and accessories not considered as constituting the normal equipment of the vehicle (such as radio sets and luggage carriers) shall be declared on the temporary importation papers with the necessary particulars (such as weight and value) and shall be produced on exit from the country visited.
Trailers shall be covered by separate importation papers.
Any particulars inserted on temporary importation papers by the issuing associations may be altered only with the approval of the issuing or guaranteeing association. No alteration to the papers may be made after they have been passed by the Customs authorities of the country of importation except with the consent of those authorities.
Without prejudice to the application of the provisions of national legislations enabling the Customs authorities of the Contracting Parties to refuse to allow vehicles admitted under cover of temporary importation papers to be driven by persons who have been guilty of serious offences against the Customs or fiscal laws or regulations of the country of temporary importation, vehicles admitted under cover of temporary importation papers may be driven by persons duly authorized by the holders of the papers. The Customs authorities of the Contracting Parties shall have the right to require evidence that such persons have been duly authorized by the holders of the papers; if this evidence does not appear sufficient, the Customs authorities may refuse use of these vehicles in their country under cover of the papers.
Vehicles mentioned in temporary importation papers shall be re-exported in the same general state, except for wear and tear, within the period of validity of such papers.
Evidence of re-exportation shall be provided by the exit visa properly appended to the temporary importation papers by the Customs authorities of the country into which the vehicle was temporarily imported.
Each Contracting Party shall have the right to deny the benefit of temporary importation without payment of import duties and import taxes and free of import prohibitions and restrictions to, or to withdraw that benefit from, vehicles which are used, even occasionally, for the purpose of picking up passengers or goods within the frontiers of the country into which the vehicle is imported, for deposit within those frontiers.
A hired vehicle temporarily imported under the terms of this Convention shall not be re-hired in the country of temporary importation to any persons other than the persons who hired it originally, and the Customs authorities of the Contracting Parties shall have the right to require that such a vehicle shall be re-exported when the transport operations for which it has been temporarily imported have been completed.
Notwithstanding the requirement of re-exportation laid down in article 13, the re-exportation of badly damaged vehicles shall not be required, in the case of duly authenticated accidents, provided that the vehicles:
Are subjected to the import duties and import taxes to which they are liable; or
are abandoned free of all expenses to the Exchequer of the country into which they were imported temporarily, in which case the holder of the temporary importation papers shall be exempt from import duties and import taxes; or
Are destroyed, under official supervision, at the expense of the parties concerned, any salvaged parts and materials being subjected to the import duties and import taxes to which they are liable, as the Customs authorities may require.
When a vehicle temporarily imported cannot be re-exported as a result of a seizure, other than a seizure made at the suit of private persons, the requirement of re-exportation within the period of validity of the temporary importation papers shall be suspended for the duration of the seizure.
The Customs authorities shall notify, so far as possible, to the guaranteeing association, seizures made by or on behalf of those Customs authorities of vehicles admitted under cover of temporary importation papers guaranteed by that association and shall advise it of the measures they intend to take.
When the vehicle or the object listed in the papers are either lost or stolen during the course of the seizure other than a seizure made at the suit of private persons, no import duties or import taxes can be levied against the holder of the temporary importation papers, who should submit evidence of seizure to the Customs authorities.
Persons entitled to temporary importation facilities may, during the period of validity of temporary importation papers, import the vehicles covered by those papers as often as necessary, on condition that they have each passage (entry and exit) established by a visa of the Customs officers concerned if the Customs authorities so require. Temporary importation papers may however be made valid for a single journey only.
When temporary importation papers without detachable vouchers for each passage are used, the visas given by the Customs officers between the first entry and the final exit are provisional. Nevertheless, when the last visa is a provisional exit visa, it will be admitted as proof of the reexportation of the vehicle or component parts temporarily imported.
When temporary importation papers with a detachable voucher for each passage are used, each entry visa implies the passing of the document by the Customs authorities and each subsequent exit visa constitutes its final discharge, except as provided in article 18.
When the Customs authorities of a country have finally and unconditionally discharged temporary importation papers they can no longer claim from the guaranteeing association payment of import duties and import taxes, unless the certificate of discharge was obtained improperly or fraudulently.
Visas on temporary importation papers used under the conditions laid down in this Convention shall not be subject to the payment of charges for Customs attendance provided such visas are issued at a Custom office or post during authorized hours.
The lack of proof of re-exportation within the time allowed of vehicles temporarily imported shall be disregarded when the vehicles are presented to the Customs authorities for re-exportation within fourteen days from the expiry of the temporary entry deadline for the vehicles and satisfactory explanations of the delay are given.
Each of the Contracting Parties shall recognize as valid extensions of validity of carnets de passages en douane granted by another Contracting Party in accordance with the procedure laid down in Annex 3 to this Convention.
Requests for extension of validity of temporary importation papers shall be presented to the competent Customs authorities before the expiry of the period of validity of these papers, unless this is rendered impossible by force majeure. If the temporary importation papers have been issued by an authorized association, the request for extension shall be made by the association which guarantees the papers.
Extensions of time necessary for the re-exportation of vehicles or component parts imported temporarily shall be granted when the persons concerned can establish to the satisfaction of the Customs authorities that they are prevented by force majeure from re-exporting the said vehicles or component parts within the time allowed.
The validity of temporary importation papers can only be extended once for not more than one year. After this period, a new carnet must be issued and delivered in replacement of the former carnet.
Each of the Contracting Parties shall, unless the conditions of temporary admission are no longer satisfied, authorize, subject to whatever measures of control it may consider necessary, the renewal of temporary importation papers issued by the authorized associations and relating to vehicles or component parts temporarily imported into its territory. Requests for renewal shall be presented by the guaranteeing association.
If temporary importation papers have not been regularly discharged, the Customs authorities of the country of importation shall (whether the papers have expired or not) accept as evidence of re-exportation of the vehicle or component parts the presentation of a certificate based on the standard form shown in Annex 4 to this Convention, issued by an official authority (consul, Customs, police, mayor, judicial officer, etc.), attesting the facts that the vehicle or component parts in question have been presented to it and are outside the country of importation. As an alternative they shall accept any other valid documentary evidence that the vehicle or component parts are outside the country of temporary importation. In the case of papers, other than the carnets de passages en douane, which have not expired, the papers shall be produced at the same time as the evidence referred to above. In the case of carnets the Customs authorities shall accept, as evidence of re-exportation of the vehicles or component parts, the visas entered thereon by the Customs authorities of countries subsequently visited.
In the case of the destruction, loss or theft of temporary importation papers not regularly discharged but relating to vehicles or component parts which have been re-exported, the Customs authorities of the country of importation shall accept as proof of re-exportation the presentation of certificates based on the standard form shown in Annex 4 to this Convention issued by an official authority (consul, Customs, police, mayor, judicial officer, etc.), attesting the facts that the vehicles or component parts in question have been presented to it and are outside the country of importation after the date of expiry of the papers. As an alternative they shall accept any other valid documentary evidence that the vehicle or component parts are outside the country of temporary importation.
In the case of the destruction, loss or theft of carnets de passages en douane while vehicles or component parts to which they refer are in the territory of one of the Contracting Parties, the Customs authorities of that Party shall, at the request of the association concerned, accept replacement documents, the validity of which shall expire on the date of expiry of the validity of the carnets which they replace. This acceptance will annul the previous acceptance of the carnets destroyed, lost or stolen. In case of the misuse of a carnet after cancellation by the Customs authorities and the issuing association, the latter cannot be held responsible for import duties and import taxes payable. If, instead of replacement documents, export licences or similar documents are issued for the re-exportation of the vehicles or component parts, the exit visas on these licences or documents shall be considered as sufficient proof of re-exportation.
If vehicles are stolen after having been re-exported from the country of temporary importation, without the exit having been regularly endorsed on the temporary importation papers and in the absence of entry visas on the papers entered thereon by the Customs authorities of countries subsequently visited, the papers may nevertheless be regularized provided that the guaranteeing association furnishes the papers together with such evidence of theft as may be considered sufficient. If the temporary importation papers have not expired, the Customs authorities may require their surrender.
In the cases referred to in article 24, the Customs authorities shall have the right to charge a regularization fee.
Article 25 bis
The competent customs authorities shall not require payment of import duties and taxes where it is proved to their satisfaction that a vehicle imported under cover of temporary importation papers can no longer be re-exported because it has been destroyed or irrecoverably lost for reasons of force majeure, in particular on account of acts of war, riots or natural disasters.
Customs authorities shall not have the right to require from the guaranteeing association payment of import duties and import taxes on vehicles or component parts temporarily imported when the nondischarge of the temporary importation papers has not been notified to the guaranteeing association within one year of the date of expiry of the validity of those papers. The Customs authorities shall provide the guaranteeing associations details of the amount of import duties and import taxes within one year of the notification of the non-discharge. The guaranteeing associations’ liability for these sums shall cease if such information is not furnished within this one-year period.
The guaranteeing associations shall have a period of one year from the date of notification of the non-discharge of temporary importation papers in which to furnish proof of the re-exportation of the vehicles or component parts in question under the conditions laid down in this Convention. Nevertheless, this period can come into force only as of the date of expiry of the temporary importation papers. If the Customs authorites contest the validity of the proof provided they must so inform the guarantees within a period not exceeding one year.
If such proof is not furnished within the time limit allowed, the guaranteeing association shall deposit or pay provisionally within a maximum period of three months the import duties and import taxes payable. This deposit or payment shall become final after a period of one year from the date of the deposit or provisional payment. During the latter period, the guaranteeing association may still avail itself of the facilities provided by the preceding paragraph with a view to repayment of the sums deposited or paid.
For countries whose regulations do not provide for the deposit or provisional payment of import duties and import taxes, payments made in conformity with the provisions of the preceding paragraph will be regarded as final, it being understood that the sums paid may be refunded when the conditions laid down in this article are fulfilled.
In the case of the non-discharge of temporary importation papers, the guaranteeing association shall not be required to pay a sum greater than the total of the import duties and import taxes applicable to the vehicles or component parts not re-exported, together with interest if applicable.
The provisions of this Convention do not affect the right of the Contracting Parties, in the event of fraud, contravention or abuse, to take proceedings against holders of, or the persons using, temporary importation papers, for the recovery of the import duties and import taxes and also to impose any penalties to which such persons have rendered themselves liable. In such cases, the guaranteeing associations shall lend their assistance to the Customs authorities.
The Contracting Parties shall endeavour not to introduce Customs procedures which might have the effect of impeding the development of international commercial road traffic.
In order to expedite Customs procedures contiguous Contracting Parties shall endeavour to place their respective Customs offices and posts close together and to keep them open during the same hours.
Any breach of the provisions of this Convention, any substitution, false declaration or act having the effect of causing a person or an article improperly to benefit from the system of importation laid down in this Convention, may render the offender liable in the country where the offence was committed to the penalties prescribed by the laws of that country.
Nothing in this Convention shall prevent Contracting Parties which form a Customs or economic union from enacting special provisions applicable to undertakings operating from the countries forming that union.
Article 32 bis
This Convention shall not prevent the application of greater facilities which Contracting Parties grant or may wish to grant, either by unilateral provisions or in virtue of bilateral or multilateral agreements, provided such facilities do not impede the application of the provisions of this Convention. The Contracting Parties are recommended to waive the request of temporary importation papers and guarantees.
Countries members of the Economic Commission for Europe and countries admitted to the Commission in a consultative capacity under paragraph 8 of the Commission's terms of reference, may become Contracting Parties to this Convention:
By ratifying it after signing it subject to ratification;
Such countries as may participate in certain activities of the Economic Commission for Europe in accordance with paragraph 11 of the Commission's terms of reference may become Contracting Parties to this Convention by acceding thereto after its entry into force.
Any regional economic integration organization may become, in accordance with paragraph 1 of this article, a Contracting Party to this Convention. Such organization which has acceded to this Convention shall inform the Secretary-General of the United Nations of its competence and any subsequent changes thereto, with respect to the matters governed by this Convention. The organization and its Member States may, without however any derogation from the obligations under this Convention, decide on their respective responsibilities for the performance of their obligations under this Convention.
The Convention shall be open for signature until 31 August 1956 inclusive. Thereafter, it shall be open for accession.
Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.
This Convention shall come into force on the ninetieth day after five of the countries referred to in article 33, paragraph 1, have signed it without reservation of ratification or have deposited their instruments of ratification or accession.
For any country or regional economic integration organization ratifying or acceding to it after five countries have signed it without reservation of ratification or have deposited their instrument of ratification or accession, this Convention shall enter into force on the ninetieth day after the said country or regional economic integration organization has deposited its instrument of ratification or accession.
Any Contracting Party may denounce this Convention by so notifying the Secretary-General of the United Nations.
Denunciation shall take effect fifteen months after the date of receipt by the Secretary-General of the notification of denunciation.
The validity of temporary importation papers issued before the date when the denunciation takes effect shall not be affected thereby and the guarantee of the association shall hold good. Extensions granted in accordance with the conditions laid down in article 21 of this Convention shall similarly remain valid.
This Convention shall cease to have effect if, for any period of twelve consecutive months after its entry into force, the number of Contracting Parties is less than five.
Any country may, at the time of signing this Convention without reservation of ratification or of depositing its instrument of ratification or accession or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. The Convention shall extend to the territory or territories named in the notification as from the ninetieth day after its receipt by the Secretary-General, or, if on that day the Convention has not yet entered into force, at the time of its entry into force.
Any country which has made a declaration under the preceding paragraph extending this Convention to any territory for whose international relations it is responsible may denounce the Convention separately in respect of that territory in accordance with the provisions of article 35.
Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall so far as possible be settled by negotiation between them.
Any dispute which is not settled by negotiation shall be submitted to arbitration if any one of the Contracting Parties in dispute so requests and shall be referred accordingly to one or more arbitrators selected by agreement between the Parties in dispute. If within three months from the date of the request for arbitration the Parties in dispute are unable to agree on the selection of an arbitrator or arbitrators, any of those Parties may request the Secretary-General of the United Nations to nominate a single arbitrator to whom the dispute shall be referred for decision.
The decision of the arbitrator or arbitrators appointed under the preceding paragraph shall be binding on the Contracting Parties in dispute.
Each Contracting Party may, at the time of signing, ratifying, or acceding to, this Convention, declare that it does not consider itself as bound by article 38 of the Convention. Other Contracting Parties shall not be bound by article 38 in respect of any Contracting Party which has entered such a reservation.
Any Contracting Party having entered a reservation as provided for in paragraph 1 may at any time withdraw such reservation by notifying the Secretary-General of the United Nations.
No other reservation to this Convention shall be permitted.
After this Convention has been in force for three years, any Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing the convention. The Secretary-General shall notify all Contracting Parties of the request and a review conference shall be convened by the Secretary-General if, within a period of four months following the date of notification by the Secretary-General, not less than one third of the Contracting Parties notify him of their concurrence with the request.
If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all the Contracting Parties and invite them to submit within a period of three months such proposals as they may wish the conference to consider. The Secretary-General shall circulate to all Contracting Parties the provisional agenda for the conference together with the texts of such proposals at least three months before the date on which the conference is to meet.
The Secretary-General shall invite to any conference convened in accordance with this article all countries referred to in Article 33, paragraph 1, and the Contracting Parties referred to in Article 33, paragraphs 2 and 2 bis .
Any Contracting Party may propose one or more amendments to this Convention. The text of any proposed amendments shall be transmitted to the Secretary-General of the United Nations who shall transmit it to all Contracting Parties and inform all other countries referred to in article 33, paragraph 1.
Any proposed amendment circulated in accordance with the preceding paragraph shall be deemed to be accepted if no Contracting Party expresses an objection within a period of six months following the date of circulation of the proposed amendment by the Secretary-General. Regional economic integration organizations which are Contracting Parties to this Convention, for the matters within their competence, shall exercise their right to express an objection. In such case the Member States of said organizations, which are Contracting Parties to this Convention, shall not be entitled to exercise individually such right.
The Secretary-General shall, as soon as possible, notify all Contracting Parties whether an objection to the proposed amendment has been expressed. If an objection to the proposed amendment has been expressed the amendment shall be deemed not to have been accepted and shall be of no effect whatever. If no such objection has been expressed the amendment shall enter into force for all Contracting Parties three months after the expiry of the period of six months referred to in the preceding paragraph.
Independently of the amendment procedure laid down in paragraphs 1, 2 and 3 of this article, the annexes to this Convention may be modified by agreement between the competent Administrations of all the Contracting Parties. The Secretary-General shall fix the date of entry into force of the new texts resulting from such modifications.
In addition to the notifications provided for in Articles 40 and 41, the Secretary-General of the United Nations shall notify the countries referred to in Article 33, paragraph 1, and the Contracting Parties referred to in Article 33, paragraphs 2 and 2 bis, of:
Signatures, ratifications and accessions under article 33;
Information on the competence of regional economic integration organizations and any subsequent changes thereto in accordance with article 33, paragraph 2 bis;
The dates of entry into force of this Convention in accordance with article 34;
Denunciation under article 35;
The termination of this Convention in accordance with article 36;
Notifications received in accordance with article 37;
Declarations and notifications received in accordance with article 39, paragraphs 1 and 2;
The entry into force of any amendment in accordance with article 41.
As soon as a country which is a Contracting Party to the Agreement providing for the Provisional Application of the Draft International Customs Conventions on Touring, on Commercial Road Vehicles, and on the International Transport of Goods by Road done at Geneva on 16 June 1949 becomes a Contracting Party to this Convention, it shall take the measures required by article IV of that Agreement to denounce it as regards the Draft International Customs Convention on Commercial Road Vehicles.
The Protocol of Signature of this Convention shall have the same force, effect and duration as the Convention itself of which it shall be considered to be an integral part.
After 31 August 1956, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified true copies to each of the countries and Contracting Parties mentioned in Article 33, paragraphs 1 to 2 bis.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.
DONE at Geneva, this eighteenth day of May one thousand nine hundred and fifty-six, in a single copy in the English and French languages, each text being equally authentic.