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Traffic Manual

V.5.3.1. Procedures in case of incidents during the circulation of goods

The following situations, which are the most frequent, are examples of what may be considered an incident during the movement of goods within the framework of a common/Union transit operation:

  • the route cannot be followed due to circumstances beyond the carrier's control;
  • Customs seals are accidentally broken or tampered with for reasons beyond the carrier's control;
  • Goods are transferred from one means of transport to another;
  • There is an imminent danger that requires the immediate, partial or total, unloading of the means of transport;
  • an accident occurs which may affect the ability of the holder of the regime or the carrier to fulfill its obligations;
  • any of the individual elements that make up a single means of transport are modified (for example, when a wagon is removed).

Article 44 of Appendix I to the Convention
Article 305 of the AE

In each of the above cases, the carrier must immediately inform the nearest competent customs authority of the country in whose territory the means of transport is located. Furthermore, the carrier shall promptly enter the necessary information in box 56 of the SAD or DAT after the incident and present the goods, accompanied by the SAD or DAT, to said customs office. The competent authorities of said customs office will decide whether the transit operation may continue. If this is the case, the competent customs office will endorse the SAD or DAT in box G, specifying the measures taken.

When the seals are broken due to reasons beyond the carrier's control, the competent authorities will examine the goods and the vehicle. If it is decided that the transit operation can continue, new seals will be placed and the SAD or DAT will be endorsed accordingly.

The transfer of goods from one means of transport to another may only be carried out with the permission of, and under the supervision of, the competent authorities of the place where the transfer is to take place. In this case, the carrier will complete box 55, "Transshipments," of the SAD or DAT. This may be done by hand, legibly, in ink and in capital letters. When appropriate, customs will endorse box F of the SAD or DAT. If more than two transfers have been made and, consequently, there is no space left in box F, the carrier shall enter the required information in box 56 of the SAD or DAT.

However, if the goods are transferred from an unsealed means of transport, despite the information provided by the carrier, the goods will not be required to be presented together with the SAD or DAT at the nearest customs office, and no endorsement will be issued by the customs office.

When one or more of the components of a single means of transport are modified, the goods and the means of transport may not be presented to the nearest customs office, and customs approval will not be required in the following cases:

  • when one or more cars or wagons are removed from a train set due to technical problems. In this case, the carrier, after entering the relevant information in the SAD or DAT, may continue with the transit operation;
  • When only the traction unit of a road transport vehicle has been changed without its trailers or semi-trailers during transport (without any handling or transshipment of the goods), the carrier shall indicate in box 56 of the SAD or DAT the registration number and nationality of the new traction unit and the transit operation may continue.

In all the aforementioned cases, information relating to the incident, such as new seals, will be duly indicated by the competent authority endorsing box F of the SAD or DAT.

Any splitting of a shipment will be carried out under customs control and will result in the termination of the transit regime. A new transit declaration must then be completed for each part of the split shipment.