IX.2.2.3.2. Application of Article 38 of the TIR Convention

Article 38 provides for exclusion, whether temporary or permanent. The TIR Convention does not define any of these terms. Temporary exclusion should be understood as the authorization being suspended for a specific period. This may entail logistical problems for the Contracting Parties, which will have to carry out more rigorous controls during the suspension period.

The decision to exclude an operator from the TIR regime is very serious and must therefore always be fully justified. If a violation or irregularity is considered serious enough to warrant exclusion, it would be preferable for the exclusion to be permanent. However, it is possible for an operator who has been permanently excluded to obtain authorization again later if circumstances change.

However, in certain circumstances, the exclusion may be merely temporary, for example, when it is considered that the irregularity that led to the decision can be rectified within a short period of time (e.g., delays in the submission of approval certificates, technical problems in the cargo compartments).