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Regional TIR Seminar. Controlled Access To The TIR procedure. Sofia, Bulgaria, 11 - 12 May 2006. Vessela Kojouharova, AEBTRI Head TIR Department. CONTROLLED ACCESS. PPP = Public & Private Partnership
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Regional TIR Seminar Controlled Access To The TIR procedure Sofia, Bulgaria, 11 - 12 May 2006 Vessela Kojouharova, AEBTRI Head TIR Department
CONTROLLED ACCESS 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!
CONTROLLED ACCESS TIR Convention, Annex 9, Part II, Article 1 Minimum Conditions and Requirements • Proven experience or, at least, capability to engage in regular international transport • Sound financial standing • Proven knowledge in the application of the TIR Convention • Absence of serious or repeated offences against Customs or tax legislation
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
CONTROLLED ACCESS 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 Proven Experience
CONTROLLED ACCESS 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
CONTROLLED ACCESS 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
CONTROLLED ACCESS 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
Who does what:Absence of repeated offences against Customs or Tax legislation
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. This protocol and attached relevant documents is sent to Director of the Customs Agency for a decision on the applicant’s access to TIR.
CONTOLLED ACCESS Afterconsideration 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…
Continuous Monitoring of Holder’s Status Continuous Monitoring ofstatus of Holders of TIR Carnets ! !