Regional TIR Seminar Sofia, 11-12 May 2006

1. Regional TIR SeminarSofia, 11-12 May 2006 Cooperation between Customs, national associations and authorized TIR transport operators

2. Co-operation Definition: Work together for a common purpose Many people believe cooperation will help you succeed more than competition will www.business-words.com

3. Co-operation Common & primary objective of all parties involved in the TIR System • ensure the correct termination of a TIR Operation or • establish, as fast as possible, if termination did NOT occur & react to eliminate further risk.

4. National Associations, Customs & TIR Carnet Holders Immediatelydistribute information to the other parties concerned When one party requests another to carry out a specific action, the requestor is kept informed of the actions undertaken & their results Co-operation It is therefore essential that:

5. Legal aspects It is important to keep in mind that: Every party involved in TIR System acts within a specific legalframework & must fulfil its legal obligations

6. Legal hierarchy • International Level: • TIR Convention • National Level: • National laws and regulations • Contractual relationships: • Documents signed between the actors involved in the TIR System

7. Contractual relations in the context of the TIR Convention ASSOCIATION DEED OF GUARANTEE DECLARATION of ENGAGEMENT CUSTOMS TIR Carnet Holder

8. Claims Procedures Article8.7 Ifa TIR Operationis not discharged, Customs shall: • Establish whether a Customs debt has incurred • Identify the debtors (according to national law) • Require payment of the Customs debt from the debtors

9. Sent to the Guaranteeing Association within 1 year - after taking into charge the TIR Carnet within 2 years - in case the certificate of termination was obtained in an improper or fraudulent manner Notification of Non-Discharge ARTICLE 11 (1)

10. Sent to the Guaranteeing Association 3 months after notificationat the earliest 2 years after notificationat the latest Payment Request Article11 (2) 3 month period for the Guaranteeing Association to pay, or to oppose the payment request ( Article 11 (3))

11. Deadlines for a claim in the TIR Convention Deadline before the Request for payment Acceptance of TIR Carnet Notificationof non-discharge Request for payment 1 year 3 months 2 years 3months (2 years if a certificate for termination of a TIR operation is obtained in an improper and fraudulent manner)

12. Sent to the Guaranteeing Association Time limit is specified in the TIR Convention No penalties Maximum amount is specified in the Deed of Guarantee = USD $ 50,000 for each TIR Carnet (EUR 60’000 in the EU). Payment Request

13. Payment Request Sent to the TIR Carnet Holder • Time limit is specified in the national legislation • Allows collection of additional sums, such as penalties • No maximum amount

14. Agency “CUSTOMS” - AEBTRI

15. Memorandum of Understanding (SafeTIR Agreement) • Aggregation of the data, via a central point, of all TIR operations terminated at all Customs offices of destination in Bulgaria; • Transmission of the data on a daily basis directly to the IRU • Error Reconciliation (such as:Verification of the TIR Carnet against the SafeTIR data, lack of SafeTIR data, errors in the transmitted data)

16. Cooperation Agreement BASIC PRINCIPLES: • Introduction of a stringent and efficient mechanism to control the access to the TIR System • Proper application of Art.8.7 of the TIR Convention • Information exchange and effective use of the SafeTIR System • Introduction of Risk Assessment Systems and Risk Management

17. Cooperation Agreement ACHIEVEMENTS: • Establishment of a National Authorization Committee • Application of Art.8.7 towards Bulgarian and foreign TIR Carnet Holders

18. Cooperation Agreement PENDING ISSUES: • Real-time capture and transmission of the SafeTIR data • Effective but not “total” Customs control of the road transport operations on the basis of Risk Assessment Systems • Closer coordination and cooperation in respect of state and law enforcement agencies

19. AEBTRI-TIR HOLDER AEBTRI provides: • Issuance and guarantee of TIR Carnets • Professional information for road transport operations (system “Trans-Info”) • Consulting services and assistance • Publishing activities (e.g.Bulgarian Transport Newspaper) • Training courses for drivers and managers

20. TRANS-INFO Current status of TIR Holder: PANDA-BULGARIA LTD. • City: SOFIA • Address: j.k.. Mladost 3 bl.327 entr.3 floor 7 app.94 • Tel:983-13-90; 983-04-30 983-13-90; 983-04-30 • Fax: 983-35-32, E-mail: • Tax number: 2226024940 • BULSTAT: 040386061Ю • Date of expiry of the admission guarantee: 19/12/2006 • Date of expiry of the license: 29/01/2008 • Date of expiry of the actual court registration: 31/07/2006 • Admission to the TIR System: Group 2,Admission to 4, 14 & 20 v. • Number of issued TIR Carnets: 7 • Maximum number of TIR Carnets (quota): 12 • Number of expired TIR Carnets: 0

21. TRANS-INFO • Possibility to check the termination of a TIR operation

22. Blagoevgrad Burgas Varna Vidin Gabrovo Petrich Plovdiv Russe Smolyan Stara Zagora Troyan Haskovo Shumen AEBTRI BRANCH OFFICES

23. Public-private partnership TIR has been a successful private-public trade facilitation tool for 58 years ! TIR is a privilege not a right!

24. THANK YOU FOR THE ATTENTION! Viliana Ivanova Head TIR Claims AEBTRI/BG