IX.2.2.3.1. Contrast between the use of Article 38 and Article 6, paragraph 4

Comments on Article 38 and Annex 9, Part II, of the TIR Convention

Section 6, paragraph 4, provides for an alternative sanction which, for various reasons, is preferable to that in Section 38. At first glance, it would appear that any circumstance giving rise to an exclusion under Article 38 may also give rise to a revocation of the authorisation in accordance with Article 6(4) and Annex 9, Part II.

Article 38 of the TIR Convention

TIR Carnet holders established in the Union are subject to the revocation of authorisation provided for in Article 6(4) and Annex 9, Part II, provided that the revocation of a national operator is definitive. TIR Carnet holders temporarily excluded or authorized by another Member State or other Contracting Parties outside the Union are only subject to Article 38.