IX.8.7. EU Commitment Agreement Model

STANDARDIZED EU MODEL AGREEMENT BETWEEN THE CUSTOMS ADMINISTRATIONS OF THE MEMBER STATES AND THEIR NATIONAL GUARANTEE ASSOCIATIONS CONCERNING THE TIR PROCEDURE (97)

Pursuant to the provisions of Articles 6 and 8 and Annex 9, Part I, paragraph 1, point (e), to the Customs Convention concerning the International Carriage of Goods under Cover of TIR Carnets, done at Geneva on 14 November 1975 (hereinafter referred to as the TIR Convention), …(name of the Customs Administration) and …(name of the national guaranteeing association), in their capacity as associations authorized by the Customs Authority to act as guarantors for persons using the TIR procedure (98), agree as follows:

Commitment

In accordance with Article 8 and Annex 9, Part I, paragraph 3, point iv) of the TIR Convention, …(name of the national guaranteeing association) undertakes to pay to …(name of the customs administration) the guaranteed amount of the customs debt and other charges, together with any late payment interest, due under European Union regulations and, where applicable, the national legislation of …(name of the Member State) if an irregularity is detected in relation to a TIR operation.

This undertaking covers the movement of goods under cover of TIR Carnets issued by …(name of the national guaranteeing association) or by any other guaranteeing association affiliated to the international organisation referred to in Article 6, paragraph 2, of the TIR Convention.

In accordance with the provisions of Article 8 of the TIR Convention, …(name of the national guarantor association) shall be jointly and severally liable with the persons owing the aforementioned amounts for the payment of such sums.

In accordance with Article 163 of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for the implementation of certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code, the maximum amount that may be claimed by (name of the customs administration) from (name of the national guaranteeing association) shall be limited to EUR 100 000 (one hundred thousand) per TIR carnet or to an amount equivalent to that amount in accordance with Article 53(2) of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code.

(name of the national guarantor association) undertakes to make payment upon the first written request from …(name of the Customs Administration) within the time limits laid down in the TIR Convention and in accordance with national legislation.
This commitment shall not apply to any fines or penalties that may be imposed by the Member State concerned.

Notification and payment requests
In order to determine which customs administration of the European Union is responsible for the collection of the above-mentioned amounts, the provisions laid down in Article 87 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code shall apply. Thus (name of the national guarantor association) is also responsible for the payment of the amounts indicated above in the event that the conditions laid down in Article 167, paragraph 1, of Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for the implementation of certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code are applied.

The liability of …(name of the national guarantor association) arises from the provisions of the TIR Convention. In particular, liability shall commence at the time specified in Article 8, paragraph 4, of the TIR Convention.

Other provisions

(name of the national guarantor association) also undertakes to comply with the specific provisions of Annex 9, Part I, paragraph 3, subparagraphs (i) to (iii) and (v) to (x), as well as the obligation to submit data in accordance with the provisions of Annex 9, Part II, to the TIR Convention.

Termination of the Agreement

This Agreement has no expiration date. Either party may unilaterally terminate the Agreement provided it gives written notice to the other party at least three months in advance.

Termination of this Agreement shall be without prejudice to the responsibilities and obligations of [name of national guarantor association] under the TIR Convention. Consequently, [name of the national guarantor association] shall remain liable for any valid payment request for the guaranteed amount arising from TIR operations covered by this Agreement and initiated before the termination of this Agreement took effect, even if the payment request was submitted after that date.

Jurisdictional submission

In relation to any dispute arising from the application of this Agreement, the place of jurisdiction and the applicable national law shall be those of the Member State of the registered office of [name of the national guarantor association].

Entry into force

This Agreement shall enter into force on…