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Traffic Manual

IV.3.3.1. Procedures in case of incidents

The following situations, which are the most frequent, are examples of what may be considered an incident during the movement of goods within the framework of a common/Union transit operation:

  • the route cannot be followed due to circumstances beyond the carrier's control;
  • Customs seals are accidentally broken or tampered with for reasons beyond the carrier's control;
  • Goods are transferred from one means of transport to another;
  • There is an imminent danger that requires the immediate, partial or total, unloading of the means of transport;
  • an accident occurs which may affect the ability of the holder of the regime or the carrier to fulfill its obligations;
  • any of the constituent elements of a single means of transport are modified (for example, when a wagon is removed).

Article 44 of Appendix I to the Convention
Article 305 of the AE

In each of the above cases, the carrier must immediately inform the nearest competent customs authority of the country in whose territory the means of transport is located. Furthermore, the carrier shall promptly enter the necessary information in box 56 of the DAT after the incident and present the goods, accompanied by the DAT, to customs. The competent authorities of the customs office will then decide whether the transit operation may continue. If this is the case, the competent customs office will endorse box G, specifying the measures taken.

When the seals are broken due to reasons beyond the carrier's control, the competent authorities will examine the goods and the vehicle. If they decide that the transit operation can continue, the customs authority will apply new seals and endorse the DAT accordingly.

The transfer of goods from one means of transport to another may only be carried out with the permission of, and under the supervision of, the competent authorities of the place where the transfer is to take place. In this case, the carrier will complete box 55, "Transshipments," of the DAT. This may be done by hand, in ink and in capital letters. Where appropriate, customs authorities will endorse Box F of the DAT. If more than two transfers have been made and, consequently, there is no space left in box F, the carrier shall enter the required information in box 56 of the DAT.

However, if the goods are transferred from an unsealed means of transport, despite the information provided by the carrier, the goods will not be required to be presented together with the DAT at the nearest customs office, and no endorsement will be issued by the customs office.

When one or more constituent elements of a single means of transport are modified, neither the goods nor the means of transport need be presented to the nearest customs office, and customs approval is not required in the following cases:

  • When one or more cars or wagons are removed from a train set due to technical problems. In this case, the carrier, after entering the relevant information into the DAT, may proceed with the transit operation.
  • When during transport only the traction unit of a road transport vehicle has been changed without its trailers or semi-trailers (without any handling or transshipment of the goods), the carrier shall indicate in box 56 of the DAT the registration number and nationality of the new traction unit and the transit operation may continue.

Where, in the cases described above, the carrier is not required to present the goods or the DAT to the customs authority in whose territory the means of transport is located, the carrier is not required to inform said authority of such incidents.

In all of the above cases, the customs office of transit (if applicable) or the customs office of destination will record in the NCTS the relevant notes made by the carrier and the endorsement issued by the customs authorities.

Any splitting of a consignment will be carried out under customs control and will result in the termination of the common/Union transit procedure. A new transit declaration must then be completed for each part of the split shipment.