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Document 01984A0512(01)-20111130
International Convention on the Harmonization of Frontier Controls of goods PREAMBLE
Consolidated text: International Convention on the Harmonization of Frontier Controls of goods PREAMBLE
International Convention on the Harmonization of Frontier Controls of goods PREAMBLE
ELI: http://data.europa.eu/eli/convention/1984/1262/2011-11-30
01984A0512(01) — EN — 30.11.2011 — 001.002
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INTERNATIONAL CONVENTION ON THE HARMONIZATION OF FRONTIER CONTROLS OF GOODS (OJ L 126 12.5.1984, p. 3) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 55 |
21 |
27.2.2009 |
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Amendment to the International Convention on the Harmonization of Frontier Controls of Goods (Harmonization Convention), Geneva, 21 October 1982 ( 1 ) |
L 317 |
13 |
30.11.2011 |
INTERNATIONAL CONVENTION ON THE HARMONIZATION OF FRONTIER CONTROLS OF GOODS
PREAMBLE
THE CONTRACTING PARTIES,
DESIRING to improve the international movement of goods,
BEARING IN MIND the need to facilitate the passage of goods at frontiers,
NOTING that control measures are applied at frontiers by different control services,
ACKNOWLEDGING that the conditions under which such controls are carried out may be extensively harmonized without impairing their purpose, their proper implementation and their effectiveness,
CONVINCED that the harmonization of frontier controls constitutes an important means for attaining these objectives,
HAVE AGREED AS FOLLOWS:
CHAPTER I
GENERAL PROVISIONS
Article 1
Definitions
For the purposes of this Convention:
‘Customs’ means the Government Service which is responsible for the administration of customs law and the collection of import and export duties and taxes and which also has responsibility for the application of other laws and regulations relating inter alia to the importation, transit and exportation of goods;
‘Customs control’ means measures applied to ensure compliance with the laws and regulations which the Customs are responsible for enforcing;
‘Medico-sanitary inspection’ means the inspections exercised for the protection of the life and health of persons, with the exception of veterinary inspection;
‘Veterinary inspection’ means the sanitary inspection applied to animals and animal products with a view to protecting the life and health of persons and animals, as well as that carried out on objects or goods which could serve as a carrier for animal diseases;
‘Phytosanitary inspection’ means the inspection intended to prevent the spread and the introduction across national boundaries of pests of plants and plant products;
‘Control of compliance with technical standards’ means the control to ensure that goods meet the minimum international or national standards specified by relevant laws and regulations;
‘Quality control’ means any control other than those referred to above to ensure that the goods correspond to the minimum international or national definitions of quality specified by relevant laws and regulations;
‘Control services’ means any service responsible for carrying out all or part of the controls defined above or any other controls regularly applied to the importation, exportation or transit of goods.
Article 2
Aim
In order to facilitate the international movement of goods, this Convention aims at reducing the requirements for completing formalities as well as the number and duration of controls, in particular by national and international coordination of control procedures and of their methods of application.
Article 3
Scope
CHAPTER II
HARMONIZATION OF PROCEDURES
Article 4
Coordination of controls
The Contracting Parties shall undertake, to the extent possible, to organize in a harmonized manner the intervention of the Customs services and the other control services.
Article 5
Resources of the services
To ensure that the control services operate satisfactorily, the Contracting Parties shall see to it that, as far as possible, and within the framework of national law, they are provided with:
qualified personnel in sufficient numbers consistent with traffic requirements;
equipment and facilities suitable for inspection, taking into account the mode of transport, the goods to be checked and traffic requirements;
official instructions to officers for acting in accordance with international agreements and arrangements and with current national provisions.
Article 6
International cooperation
The Contracting Parties undertake to cooperate with each other and to seek any necessary cooperation from the competent international bodies, in order to achieve the aims of this Convention, and furthermore to attempt to arrive at new multilateral or bilateral agreements or arrangements, if necessary.
Article 7
Cooperation between adjacent countries
Whenever a common inland frontier is crossed, the Contracting Parties concerned shall take appropriate measures, whenever possible, to facilitate the passage of the goods, and they shall, in particular:
endeavour to arrange for the joint control of goods and documents, through the provision of shared facilities;
endeavour to ensure that the following correspond:
Article 8
Exchange of information
The Contracting Parties shall, on request, send each other information necessary for the application of this Convention under the conditions specified in the Annexes.
Article 9
Documents
CHAPTER III
PROVISIONS CONCERNING TRANSIT
Article 10
Goods in transit
CHAPTER IV
MISCELLANEOUS PROVISIONS
Article 11
Public order
Article 12
Emergency measures
Article 13
Annexes
Article 14
Relation to other treaties
Without prejudice to the provisions of Article 6, the Convention shall not override the rights and obligations arising from treaties which the Contracting Parties to the Convention concluded before becoming Contracting Parties to this Convention.
Article 15
This Convention shall not prevent the application of greater facilities which two or more Contracting Parties may wish to grant to each other, nor the right of regional economic integration organizations referred to in Article 16 which are Contracting Parties to apply their own legislation to controls at their internal frontiers, on condition that this does not reduce in any way the facilities deriving from this Convention.
Article 16
Signature, ratification, acceptance, approval and accession
States and the regional economic integration organizations referred to above may become Contracting Parties to this Convention:
by depositing an instrument of ratification, acceptance or approval after signing it, or
by depositing an instrument of accession.
Article 17
Entry into force
Article 18
Denunciation
Article 19
Termination
If, after the entry into force of this Convention, the number of States which are Contracting Parties is for any period of 12 consecutive months reduced to less than five, the Convention shall cease to have effect from the end of the 12-month period.
Article 20
Settlement of disputes
Article 21
Reservations
Article 22
Procedure for amending this Convention
Article 23
Requests, communications and objections
The Secretary-General of the United Nations shall inform all Contracting Parties and all States of any request, communication or objection under Article 22 and of the date on which any amendment enters into force.
Article 24
Review conference
After this Convention has been in force for five years, any Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing the Convention, indicating the proposals which should be dealt with by the conference. In such a case:
The Secretary-General of the United Nations shall notify all the Contracting Parties of the request and invite them to submit, within a period of three months, their comments on the original proposals and such other proposals as they may wish the conference to consider.
The Secretary-General of the United Nations shall also communicate to all the Contracting Parties the text of any other proposals made and shall convene a review conference if, within a period of six months from the date of that communication, not less than one-third of the Contracting Parties notify the Secretary-General of the United Nations of their concurrence with the convening of such a conference.
However, if the Secretary-General of the United Nations considers that a review proposal may be regarded as a proposed amendment under paragraph 1 of Article 22, he may, by agreement with the Contracting Party which has made the proposal, implement the amendment procedure provided for by Article 22 instead of the review procedure.
Article 25
Notifications
In addition to the notifications and communications provided for in Articles 23 and 24, the Secretary-General of the United Nations shall notify all States of the following:
signatures, ratifications, acceptances, approvals and accessions under Article 16;
the dates of entry into force of this Convention in accordance with Article 17;
denunciations under Article 18;
the termination of this convention under Article 19;
reservations under Article 21.
Article 26
Certified true copies
After 31 March 1984 the Secretary-General of the United Nations shall transmit two certified true copies of this Convention to each of the Contracting Parties and to all States which are not Contracting Parties.
Done at Geneva, this twenty-first day of October one thousand nine hundred and eighty-two, in a single original, of which the English, French, Russian and Spanish texts are equally authentic.
In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto, have signed this Convention.
ANNEX 1
HARMONIZATION OF CUSTOMS CONTROLS AND OTHER CONTROLS
Article 1
Principles
Article 2
Article 3
Organization of controls
Article 4
Result of controls
ANNEX 2
MEDICO-SANITARY INSPECTION
Article 1
Principles
Wherever carried out, medico-sanitary inspection shall comply with the principles laid down in this Convention, and particularly in Annex 1 thereto.
Article 2
Information
Each Contracting Party shall ensure that information on the following is readily available to any person interested:
Article 3
Organization of controls
Article 4
Goods in transit
Within the framework of Conventions in force the Contracting Parties shall, as far as possible, dispense with the medico-sanitary inspection of goods in transit in those circumstances where there is no risk of contamination.
Article 5
Cooperation
ANNEX 3
VETERINARY INSPECTION
Article 1
Principles
Wherever carried out, veterinary inspection shall comply with the principles laid down in the Convention, and particularly in Annex 1 thereto.
Article 2
Definitions
The veterinary inspection defined in Article 1 (d) of this Convention covers also the inspection of means and conditions of transport of animals and animal products. It may also include the inspections bearing on quality standards and the various regulations, such as the inspection aiming at the conservation of endangered species, which, for reasons of effectiveness, are often associated with the veterinary inspection.
Article 3
Information
Each Contracting Party shall ensure that information on the following is readily available to any person interested:
Article 4
Organization of controls
The Contracting Parties shall endeavour:
Article 5
Goods in transit
Within the framework of Conventions in force the Contracting Parties shall, as far as possible, dispense with the veterinary inspection of animal products in transit in those circumstances where there is no risk of contamination.
Article 6
Cooperation
ANNEX 4
PHYTOSANITARY INSPECTION
Article 1
Principles
Wherever carried out, phytosanitary inspection shall comply with the principles laid down in this Convention, and particularly in Annex 1 thereto.
Article 2
Definitions
The phytosanitary inspection defined in Article 1 (e) of the present Convention covers also the inspection of means and conditions of transport of plants and plant products. It may also cover the measures aiming at the conservation of endangered plant species.
Article 3
Information
Each Contracting Party shall ensure that information on the following is readily available to any person interested:
Article 4
Organization of controls
The Contracting Parties shall endeavour:
Article 5
Goods in transit
Within the framework of Conventions in force the Contracting Parties shall, as far as possible, dispense with the phytosanitary inspection of goods in transit, unless such measures are necessary for the protection of their own plants.
Article 6
Cooperation
ANNEX 5
CONTROL OF COMPLIANCE WITH TECHNICAL STANDARDS
Article 1
Principles
Wherever carried out, the control of compliance with technical standards relating to the goods covered by this Convention, shall comply with the principles laid down in the Convention, and particularly in Annex 1 thereto.
Article 2
Information
Each Contracting Party shall ensure that information on the following is readily available to any person interested:
Article 3
Harmonization of standards
In the absence of international standards, Contracting Parties which apply national standards shall endeavour to harmonize them by way of international agreements.
Article 4
Organization of controls
The Contracting Parties shall endeavour:
Article 5
Goods in transit
The controls of compliance with technical standards do not normally apply to goods in through transit.
Article 6
Cooperation
ANNEX 6
QUALITY CONTROL
Article 1
Principles
Wherever carried out, quality control of the goods covered by this Convention, shall comply with the principles laid down in the Convention, and particularly in Annex 1 thereto.
Article 2
Information
Each Contracting Party shall ensure that information on the following is readily available to any person interested:
Article 3
Organization of controls
The Contracting Parties shall endeavour:
Article 4
Goods in transit
Quality controls do not normally apply to goods in through transit.
Article 5
Cooperation
ANNEX 7
RULES OF PROCEDURE OF THE ADMINISTRATIVE COMMITTEE REFERRED TO IN ARTICLE 22 OF THIS CONVENTION
Article 1
Members
The members of the Administrative Committee shall be the Contracting Parties to this Convention.
Article 2
Observers
Article 3
Secretariat
The Secretariat of the Committee shall be provided by the Executive Secretary of the Economic Commission for Europe.
Article 4
Convocations
The Executive Secretary of the Economic Commission for Europe shall convene the Committee:
two years after the Convention entered into force;
thereafter, at a date fixed by the Committee, but not less frequently than every five years;
at the request of the competent administrations of at least five States which are Contracting Parties.
Article 5
Officers
The Committee shall elect a chairman and a vice-chairman on the occasion of every session.
Article 6
Quorum
A quorum consisting of not less than one-third of the States which are Contracting Parties is required for the purposes of taking decisions.
Article 7
Decisions
Proposals shall be put to the vote.
Each State which is a Contracting Party represented at the session shall have one vote.
Where Article 16 (2) of the Convention applies, the regional economic integration organizations parties to the Convention shall have in case of voting only a number of votes equal to the total votes allotted to their Member States which are also parties to the Convention. In this latter case, these Member States do not exercise their right to vote.
Subject to the provisions of subparagraph (v) below, proposals shall be adopted by a simple majority of the members present and voting in accordance with the conditions specified in subparagraphs (ii) and (iii) above.
Amendments to this Convention shall be adopted by a two-thirds majority of the members present and voting in accordance with the conditions specified in subparagraphs (ii) and (iii) above.
Article 8
Report
Before the closure of its session, the Committee shall adopt its report.
Article 9
Supplementary provisions
In the absence of relevant provisions in this Annex, the Rules of Procedure of the Economic Commission for Europe shall be applicable, unless the Committee decides otherwise.
ANNEX 8 TO THE INTERNATIONAL CONVENTION ON THE HARMONISATION OF FRONTIER CONTROLS OF GOODS
FACILITATION OF BORDER CROSSING PROCEDURES FOR INTERNATIONAL ROAD TRANSPORT
Article 1
Principles
Complementing the provisions of the Convention and in particular those provided in Annex 1, the present Annex intends to define the measures that need to be implemented in order to facilitate border crossing procedures for international road transport.
Article 2
Facilitation of visa procedures for professional drivers
Article 3
International road transport operations
Referring in particular to Article 7 of this Convention, priority shall be given to urgent consignments, e.g. live animals and perishable goods. In particular, the competent services at border crossing points:
shall take the necessary measures to minimise waiting times for ATP-approved vehicles transporting perishable foodstuffs or for vehicles transporting live animals, as from their time of arrival at the frontier until their regulatory, administrative, Customs and sanitary controls;
shall ensure that the required controls mentioned under (i) are carried out as quickly as possible;
shall allow, as far as possible, the operation of the necessary refrigerating units of vehicles carrying perishable foodstuffs during the time of crossing the border, unless this is impossible as a result of the required control procedure;
shall cooperate, in particular through advance information exchange, with their counterparts in other Contracting Parties in order to accelerate border crossing procedures for perishable foodstuffs and live animals, in case these loads are subject to sanitary inspections.
Article 4
Vehicle inspection
Article 5
International Vehicle Weight Certificate
Article 6
Border crossing points
In order to ensure that the required formalities at border crossing points are streamlined and accelerated, the Contracting Parties shall meet, as far as possible, the following minimum requirements for border crossing points open for international goods traffic:
facilities enabling joint controls between neighbouring States (one-stop technology), 24 hours a day, whenever justified by trade needs and in line with road traffic regulations;
separation of traffic for different types of traffic on both sides of the border allowing to give preference to vehicles under the cover of valid international Customs transit documents or carrying live animals or perishable foodstuffs;
off-lane control areas for random cargo and vehicle checks;
appropriate parking and terminal facilities;
proper hygiene, social and telecommunications facilities for drivers;
encourage forwarding agents to establish adequate facilities at border crossings with the intention that they can offer services to transport operators on a competitive basis.
Article 7
Reporting mechanism
With regard to Articles 1 to 6 of this Annex, the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) shall carry out, every second year, a survey among Contracting Parties on progress made to improve border crossing procedures in their countries.
Appendix 1 to Annex 8 to the Convention
INTERNATIONAL TECHNICAL INSPECTION CERTIFICATE ( 2 )
In accordance with the Agreement Concerning the Adoption of Uniform Conditions for Periodical Technical Inspections of Wheeled Vehicles and the Reciprocal Recognition of such Inspections (1997), entered into force on 27 January 2001.
Accredited Technical Inspection Centres are responsible for conducting the inspection tests, granting the approval of compliance with the inspection requirements of the relevant rule(s) annexed to the 1997 Vienna Agreement, and specifying the latest date of next inspection to be indicated in line No 12.5 of the International Technical Inspection Certificate, the model of which is reproduced hereafter.
The International Technical Inspection Certificate shall contain the information indicated hereafter. It may be a booklet in format A6 (148 × 105 mm), with a green cover and white inside pages, or a sheet of green or white paper of format A4 (210 × 197) folded to format A6 in such a way that the section containing the distinguishing sign of the State or of the United Nations forms the top of the folded certificate.
Items of the certificate and their content shall be printed in the national language of the issuing Contracting Party by maintaining the numbering.
The periodical inspection reports which are in use in the Contracting Parties to the Agreement may be used as an alternative. A sample of them shall be transmitted to the Secretary-General of the United Nations for information to the Contracting Parties.
Handwritten, typed or computer generated entries on the International Technical Inspection Certificate to be made exclusively by the competent authorities, shall be in Latin characters.
Appendix 2 to Annex 8 to the Convention
INTERNATIONAL VEHICLE WEIGHT CERTIFICATE
1. The objective of the International Vehicle Weight Certificate (IVWC) is to facilitate border crossing procedures and, in particular, to avoid repetitive weight measurements of goods road vehicles en route in the Contracting Parties. Duly filled-in certificates, accepted by the Contracting Parties, shall be accepted as bearing valid weight measurements by the competent authorities of Contracting Parties. Competent authorities shall refrain from requiring additional weight measurements apart from random checks and controls in the case of supposed irregularities.
2. The International Vehicle Weight Certificate, which shall conform to the model reproduced below in this Appendix, shall be issued and used under the supervision of a designated Governmental authority in each Contracting Party accepting such certificates in line with the procedure described in the annexed certificate.
3. The use of the certificate by transport operators is optional.
4. The Contracting Parties, accepting such certificates, shall approve authorised weighing stations to fill in, together with the operator/driver of the goods road vehicle, the International Vehicle Weight Certificate in accordance with the following minimum requirements:
Weighing stations shall be equipped with certified weighing instruments. For performing the weight measurements, the Contracting Parties accepting such certificates may select the method and instruments they consider appropriate. The Contracting Party accepting such certificates shall ensure the competence of the weighing stations by, for example, an accreditation or assessment process and shall ensure to use of appropriate weighing instruments, the deployment of qualified personnel, and the existence of properly documented quality control systems and testing procedures.
The weighing stations and their instruments shall be well maintained. The instruments shall be regularly verified and sealed by the relevant authorities responsible for weights and measures. The weighing instruments, their maximum permissible errors and usage shall comply with the Recommendations established by the International Organisation for Legal Metrology (OIML).
Weighing stations shall be equipped with weighing instruments corresponding to either:
5. In exceptional cases and, particularly when irregularities are suspected, or at the demand of the transport operator/driver of the respective road vehicle, the competent authorities may re-weigh the vehicle. In case a weighing station produces several mistaken measurements, observed by the control authorities in a Contracting Party accepting such certificates, the competent authorities of the country of the weighing station shall take appropriate measures in order to ensure that such events will not occur again.
6. The model of the certificate may be reproduced in any of the languages of the Contracting Parties accepting such certificates provided that the layout of the certificate and the placing of the items therein are not modified.
7. Each Contracting Party accepting such certificates, shall publish a list of all weighing stations in their countries authorised in accordance with international principles as well as any modifications thereto. This list as well as any modification thereto shall be transmitted to the Executive Secretary of the Economic Commission for Europe of the United Nations (UNECE) for distribution to each Contracting Party and to the international organisations referred to in Annex 7, Article 2 to this Convention.
8. (Transitional provision) Since only very few weighing stations are equipped at present with weighing instruments able to provide individual axle weight or axle group measurements, the Contracting Parties, accepting such certificates agree that, during a transitional period, expiring 12 months following the entry into force of this Annex, gross vehicle weight measurements as provided for under item 7.3 in the International Vehicle Weight Certificate shall be sufficient and shall be accepted by the competent national authorities.
No |
Goods road vehicles |
Vehicle Type * means first alternative axle configuration ** means second alternative axle configuration |
Distance between axles (m) (1) |
|
I. RIGID VEHICLES |
||||
1 |
|
A2 |
D < 4.0 |
|
2 |
|
A2* |
D ≥ 4.0 |
|
3 |
|
A3 |
|
|
4 |
|
A4 |
|
|
5 |
|
A3* |
|
|
6 |
|
A4* |
|
|
7 |
|
A5 |
|
|
II. COMBINATION OF VEHICLES (coupled vehicles according to the Convention on Road Traffic (1968), Chapter I, Article 1 (t) |
||||
1 |
|
A2 T2 |
|
|
2 |
|
A2 T3 |
|
|
3 |
|
A3 T2 |
|
|
4 |
|
A3 T3 |
|
|
5 |
|
A3 T3* |
|
|
6 |
|
A2 C2 |
|
|
7 |
|
A2 C3 |
|
|
8 |
|
A3 C2 |
|
|
9 |
|
A3 C3 |
|
|
10 |
|
A2 C1 |
|
|
11 |
|
A3 C1 |
|
|
III. ARTICULATED VEHICLES |
||||
1 |
with 3 axles |
|
A2 S1 |
|
2 |
with 4 axles (single or tandem) |
|
A2 S2 |
D ≤ 2.0 |
|
A2 S2* |
D > 2.0 |
||
|
A3 S1 |
|
||
3 |
With 5 or 6 axles (single, tandem, triple) |
|
A2 S3 |
|
|
A2 S3* |
|
||
|
A2 S3** |
|
||
|
A3 S2 |
D ≤ 2.0 |
||
|
|
|
A3 S2* |
D > 2.0 |
|
|
|
A3 S3 |
|
|
|
|
A3 S3* |
|
|
A3 S3** |
|
||
Without sketch |
An Sn |
|
||
(1)
No specification is given if not relevant |
ANNEX 9
FACILITATION OF BORDER CROSSING PROCEDURES FOR INTERNATIONAL RAIL FREIGHT
Article 1
Principles
Article 2
Definition
‘Border (interchange) station’ shall mean a railway station where operational or administrative procedures are performed in view of enabling a border crossing of rail freight. This railway station may be at the border or near the border.
Article 3
Crossing of borders by officials and other persons engaged in international rail transport
Article 4
Requirements for border (interchange) stations
To rationalise and expedite the required formalities at border (interchange) stations, the Contracting Parties shall observe the following minimum requirements for border (interchange) stations open to international rail freight traffic:
Border (interchange) stations shall have buildings (premises), plant, facilities and technical equipment enabling them to carry out daily and round-the-clock controls, if this is justified and is appropriate to the volume of freight traffic;
Border (interchange) stations where phytosanitary, veterinary and other controls are carried out shall be provided with technical equipment;
The carrying and traffic capacity of border (interchange) stations and adjacent tracks must be adequate for the volume of traffic;
Inspection areas must be available, as well as warehousing for the temporary storage of goods subject to customs or other forms of control;
Equipment, facilities, information technology and communications systems must be available to enable the exchange in advance of information, including on goods approaching border (interchange) stations, as contained in the railway consignment note and customs declaration;
Sufficient qualified staff of the railway, customs, border and other agencies must be on hand at border (interchange) stations to cope with the freight volumes involved;
Border (interchange) stations shall have the technical equipment, facilities, information technology and communications systems to be able, prior to the arrival of rolling stock at the border, to receive and use data concerning the technical approval and the technical inspections of the rolling stock made by authorities and railways within the framework of their competence, unless Contracting Parties put in place alternative arrangements to fulfil these functions.
Article 5
Cooperation between adjacent countries at border (interchange) stations
In accordance with the provisions of Article 7 of the Convention, Contracting Parties shall coordinate actions with respect to the controls of rolling stock, containers, piggyback semi-trailers and goods as well as the processing of shipping and accompanying documentation and shall endeavour to arrange all forms of joint controls on the basis of bilateral agreements.
Article 6
Controls
The Contracting Parties:
Shall establish a mechanism for reciprocal recognition of all forms of control of rolling stock, containers, piggyback semi-trailers and goods, provided the objectives thereof coincide;
Shall carry out customs controls relying on the principle of selection on the basis of risk evaluation and management. As a general rule, if required information on the goods has been provided and if the goods are contained in a properly closed and sealed rolling stock unit, container, piggyback semi-trailer or wagon, physical examination shall not be carried out;
Shall carry out simplified controls at border (interchange) stations and shall, as far as possible, move certain forms of controls to the stations of departure and destination;
Without prejudice to Article 10 of the Convention, Article 4 of Annex 2, Article 5 of Annex 3 and Article 5 of Annex 4, shall carry out inspections of transit goods only in cases where these are warranted by the actual circumstances or risks.
Article 7
Time limits
Article 8
Documentation
Article 9
Use of the CIM/SMGS railway consignment note
The Contracting Parties may use, instead of the other shipping documents currently stipulated by international treaties, the CIM/SMGS railway consignment note, which at the same time could be a customs document.
( 1 ) OJ L 126, 12.5.1984, p. 1.
( 2 ) As of 1 January 2004.