IX.6.2. Research procedure
Article 280 of the AE
Where both customs offices agree on the status of the situation referred to in section IX.6.1 and no message is missing, the competent authorities of the Member State of departure or entry shall initiate the necessary investigation procedure to obtain the information necessary to proceed with the completion of the TIR operation or, where this is not possible, to determine whether a customs debt has been incurred, identify the debtor and establish which Member State is responsible for the collection of that debt.
For additional information on electronic investigation and debt collection, see Parts VII and VIII.
However, in order to initiate the investigation procedure in relation to the declared customs office of destination or exit, it is recommended that the competent authorities of the Member State of departure or entry verify whether a record relating to the completion of the operation exists within the electronic control system managed by the international organization provided for in Annex 10 to the TIR Convention.
Where a TIR operation has not been completed, at the latest within 28 days of sending the request for investigation to the declared customs office of destination or exit, the customs authority of the Member State of departure or entry shall request the TIR carnet holder to demonstrate that the TIR operation has been completed or to determine the exact place where the infringement or irregularity occurred, and shall inform the guaranteeing association thereof. The message "Request for information concerning a movement not arriving at its destination" (IE140) may be used to make a request to the TIR Carnet holder or his representative, and the message "Information concerning a movement not arriving at its destination" (IE141) may be used to reply to such a request.
The TIR Carnet holder must provide evidence in both cases (end or place where the irregularity occurred) within 28 days of the application date. This period may be extended for another twenty-eight days at the request of the TIR Carnet holder.
Yes, after the deadline:
- there is no response from the customs office of destination or exit;
- the customs office of destination confirms that the TIR carnet has not been presented or this fact is revealed;
- alternative evidence will not be provided to the satisfaction of the customs authorities;
- no evidence is presented that the TIR operation has been terminated; or
- no other Member State shall request the transfer of responsibility for collection;
Article 11, paragraph 1, of the TIR Convention
Article 280, paragraph 8, of the AE
The customs authorities of the Member State of departure or entry must formally notify the guaranteeing association and the TIR Carnet holder that the TIR operation has not been completed. The notification, which may be sent at the same time, will be sent by mail in order to use all available means to ensure its receipt by the recipient.
In any case, notification must be made within one year of the date of acceptance of the TIR Carnet.
Where, during the stages of an investigation procedure, it is determined that the TIR operation has been correctly terminated, the customs authority of the Member State of departure or entry shall complete the TIR operation and immediately inform the guaranteeing association and the TIR carnet holder and, where appropriate, any customs authority that may have initiated recovery proceedings.