Explanatory Memorandum to COM(2024)227 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)227 - . |
|---|---|
| source | COM(2024)227 |
| date | 30-05-2024 |
1. Subject matter of the proposal
This proposal concerns the decision establishing the position to be taken on the Union's behalf in the Administrative Committee established by the Customs Convention on the International Transport of goods under cover of TIR1 carnets of 14 November 1975 (’the TIR Convention’) in connection with the envisaged adoption of several technical amendments to the TIR Convention.
2. Context of the proposal
2.1. The Customs Convention on the International Transport of goods under cover of TIR Carnets
The TIR Convention aims to facilitate the international carriage of goods from customs offices of departure to customs offices of destination and through as many countries as necessary. The Agreement entered into force in 1978. As of February 2024, there are 78 parties to the Convention, including 77 states and the European Union.
The European Union is a contracting party to the TIR Convention2 since 20 June 1983 and all Member States are also contracting parties.
2.2. The Administrative Committee
The Administrative Committee, established by Article 58 bis, acts within the framework of the TIR Convention. It is the highest body of the Convention, monitors its application and considers and adopts amendments to the TIR Convention. Proposals are put to the vote and each state, which is a party and is represented at a session of the Administrative Committee, has one vote. The Union has exclusive competence in customs governed by the TIR Convention. However, the Union, as a customs and economic union, does not have voting rights in addition to those of its Member States, in accordance with Article 52(3) of the TIR Convention. All Member States are parties with voting rights.
Amendments to the TIR Convention are adopted by a two-thirds majority of parties present and voting. A quorum consisting of not less than one third of the states which are parties is required to take a decision.
2.3. The envisaged act of the Administrative Committee
In October 2024, during its eighty-third session or any of the following session(s), the Administrative Committee is to take a decision regarding the adoption of the proposed amendments to the TIR Convention (‘the envisaged act’).
The purpose of the envisaged act is to better frame the end of the relationship between the international organisation responsible of the TIR guarantee chain and a TIR national association. In addition, it will lead to more flexibility in the use of the certificate of approval for a TIR vehicle.
The envisaged act will become binding on the parties in accordance with Article 60 of the TIR Convention3. Article 60 concerns a special procedure for amending Annexes 1 to 10 of the TIR Convention and provides: “Any proposed amendment to Annexes 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 considered in accordance with paragraph 1 and 2 of Article 59 shall come into force on a date to be determined by the Administrative Committee at the time of its adoption, unless by a prior date determined by the Administrative Committee at the same time, one-fifth or five of the States which are Contracting parties, whichever number is less, notify the Secretary-General of the United Nations of their objection to the amendment. Determination by the Administrative Committee of date referred to in this paragraph shall be by two-thirds majority of those present and voting”.
3. Position to be taken on the Union's behalf
The Union supports the proposal for an amendment of Annex 6, new explanatory note 8.10 (e) of the TIR Convention, to introduce an early warning mechanism between stakeholders in case of a dispute between the international organisation and a national association which could potentially impact the functioning of the TIR guarantee chain. This amendment proposal is accompanied by an amendment of Annex 6, explanatory note 0.6.2 bis-1, which introduces a prior notice period of a least six months, before the termination of an agreement between the international organisation and a national association.
These mechanisms had been requested by the Romanian authorities, supported by the Commission and the other Member States, to avoid in the future a crisis between a national association and the international organisation, presenting the customs authorities with a “fait accompli” without sufficient time to authorise a new national association to issue TIR carnets.
Therefore, those two mechanisms will enhance the stability of the TIR guarantee chain within the EU.
The Union also supports the amendments to Annex 3, paragraph 4 and to Annex 4, model certificate of approval of a road vehicle, page 4, important notice, paragraph 3, which aim to prolong the validity of the certificate of approval of a road vehicle from two to three years as well the introduction of a new paragraph 6 in Annex 4, model certificate of approval of a road vehicle, page 4 on important notice, which leads to the acceptance of the certificate of approval until the last date of validity to start a TIR transport even if the transport ends later. These amendments simplify the use of the certificate by TIR holders and reinforce the attractiveness of the TIR Convention.
4. Legal basis
4.1. Procedural legal basis
4.1.1. Principles
Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’
The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’4.
4.1.2. Application to the present case
The Administrative Committee is a body set up by an agreement, namely the TIR Convention5.
The act which the Administrative Committee is called upon to adopt constitutes an act having legal effects. The envisaged act will be binding under international law in accordance with Article 60 of the TIR Convention.
The envisaged act does not supplement or amend the institutional framework of the Agreement.
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.
4.2. Substantive legal basis
4.2.1. Principles
The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.
4.2.2. Application to the present case
The main objective and content of the envisaged act relate to the common commercial policy.
Therefore, the substantive legal basis of the proposed decision is the first subparagraph of Article 207 i TFEU.
4.3. Conclusion
The legal basis of the proposed decision should be the first subparagraph of Article 207 i TFEU, in conjunction with Article 218(9) TFEU.
5. Publication of the envisaged act
As the act of the Administrative Committee will amend the TIR Convention, it is appropriate to publish it in the Official Journal of the European Union after its adoption.