IX.8.4. TIR operations in special circumstances (emergency procedure - business continuity)

Using the TIR Carnet

Article 274 of the AE

If the NCTS or the computer system used by TIR Carnet holders to submit TIR Carnet data is not working at the customs office of departure or entry, the emergency/business continuity procedure will be initiated and the goods will be released within the framework of the TIR operation based on the TIR Carnet. The use of the emergency/business continuity procedure will be recorded in matrix no. 1 and by stamping the "For official use" box (Reserved for the Administration) on sheet no. 2, in accordance with the model shown in annex 8.6.

When the relevant part of Sheet 2 is returned under the emergency/business continuity procedure, the return address provided by the customs authorities of departure or entry shall be indicated on the back of that Sheet 2.

Article 279, section 5, of the AE

In such cases, the NCTS may not be used to finalize or complete the TIR operation within the customs territory of the Union.

The customs office of destination or exit shall terminate the TIR procedure on the basis of sheet 2 of the TIR Carnet and return the relevant part thereof to the customs authorities of the Member State of departure or entry no later than eight days after the date of termination. The customs office of departure or entry will compare the information provided by the customs office of destination or exit in order to complete the procedure.
Pre-investigation measures in case of emergency/business continuity procedure
TIR Manual Good Practices

If, within the framework of an emergency/business continuity procedure, the customs authorities of the Member State of departure or entry have not received the appropriate part of sheet 2 of the TIR Carnet after the expiry of the eight-day period provided for this purpose, they may consult the IRU SafeTIR electronic control system in order to determine whether it records the presentation of the TIR Carnet at the customs office of destination or exit. You may find it helpful to send the TIR Carnet search notice to the current or final customs office of destination or exit in the European Union.

If, following the investigation, it is determined that the TIR carnet has not been presented at the customs office of destination, the customs authorities of the Member State of departure or entry may without delay initiate the investigation procedure at the customs office declared as destination or exit in the Union.

Investigation procedure in case of emergency/business continuity procedure

Article 280, paragraph 6, of the AE

Where the customs authorities of the Member State of departure or entry have not received proof of completion of the TIR operation within two months of the date of acceptance of the TIR Carnet or already suspect that completion has not taken place, they shall send a notice of investigation (see model below) to the customs office of destination or exit. The same procedure will be used when it is discovered, a posteriori, that the proof of completion of the TIR operation has been falsified.

The procedure set out in Part VII, Chapter 4 (investigation procedure) shall apply mutatis mutandis.

TIR Manual Good Practices

Below are the information letter and investigation notice templates to be used under the emergency/business continuity procedure.