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Economic Community of West African States
A/P4/5/82 Convention Relating to Inter-State Road Transit of Goods
- Published in official journal 4 on 1 June 1982
- Commenced
- [This is the version of this document as it was at 29 May 1982 to 31 May 1982.]
Chapter I
Article 1 – Definitions
In this Convention,Chapter II
Establishment of Inter-State Road Transit Regime
Article 2
An Inter-State Road Transit Regime is hereby established among Member States of ECOWAS for the purpose of facilitating the movement of goods in their territory as defined in Article 1.Article 3
The provisions of Article 2 of this Convention shall, however, not apply to the following:Article 4
In order to enjoy the provision of the present Convention, transporters authorised by their State shall:Chapter III
Formalities
Article 5
Article 6
The Inter-State Transit Declaration which is to be completed at the point of departure shall comprise four leaflets numbered from 1 to 4, and be distributed as follows after registration:leaflet No. 1: this shall be detached and kept at the office of departure where it is checked against leaflet No. 3 at the end of transit operations. The booklet is then delivered to the principal obligee or his authorised representative.leaflet No. 2: this shall accompany the goods, and shall be deposited at the office of destination where it shall be kept.leaflet No. 3: this shall accompany the goods and shall be deposited at the office of destination which shall then return the discharged leaflet directly to the office of departure or give it to the interested party of the representative who shall ensure its return to the office of departure.leaflet No. 4: this shall accompany the goods and shall be deposited at the office of destination which shall forward it to the body charged with statistics in the Member State of destination. Additional leaflets shall be made available to serve as notice of passage.Article 7
Additional documents to the Inter-State Road Transit Declaration shall be regarded as an integral part of it.Article 8
In case there are additional documents to the Inter-State Road Transit System in a Member State of departure to another Customs System, reference shall be made to this additional documents and to any other corresponding documents on the Inter-State Road Transit Declaration.Article 9
Article 10
The principal obligee shall be bound:Article 11
The following shall be considered to constitute one means of transport, provided that they transport goods which are meant to be carried together:Article 12
The one means of transport shall only convey goods covered under the Inter-State Road Transit Regime.Article 13
Only goods loaded or supposed to be loaded on to only one means of transport and meant to be transported from the same office of departure to the same office of destination may be presented on the same Inter-State Transit Declaration.Article 14
The office of departure shall register the Inter-State Road Transit Declaration, indicate the itinerary and prescribe the period within which the goods shall be delivered at the office of destination and shall draw up identification procedures it thinks fit.After making all the Inter-State Road Transit Declaration leaflets and the notices of passage as appropriate, the office of departure shall keep the leaflet No. 1 for it and shall submit the booklet as well as all the notices of passage to the principal obligee or his authorised representative.Article 15
Article 16
Article 17
At each transit office, the transporter shall present, on his arrival the cargo as well as the Inter-State Road Transit Booklet.Article 18
The transit office shall:Article 19
When in accordance with the provisions of paragraph 2 of Article 6, transportation takes place unavoidably through a transit office other than the one mentioned to the Inter-State Transit Declaration and the transit notices, the transit office used shall find out from the transporter the reason for changing his itinerary, state the reasons given briefly on the document presented to him, apply the provisions of article 18 and immediately send the transit notice to the transit office which ought normally to have been used and which appears on the document in question.Article 20
Goods listed on Inter-State Transit Declaration may, without any need for the renewals of the declaration, be transferred to another means of transport under the supervision of the Customs authorities of the Member State on the territory where the transfer is carried out. In this case, the Customs authorities shall mark as appropriate the Inter-State Transit Declaration leaflets and the transit notice.Article 21
In case the sealing is damaged in the course of transportation for reasons beyond the control of the transporter, the latter shall, without any delay, ask for a statement to that effect in the Member State where the means of transportation happens to be at that time, from the Customs authorities if it is in the vicinity, or, where that is not possible, from any other competent authority. The authority contacted shall then apply new sealings if possible. Report of the damage of sealing and the statement made to that effect and of the application of new sealing, as the case may be, shall then be made on the Inter-State Road Transit Declaration leaflets and the transit notice in the possession of the transporter.Article 22
In case of an accident necessitating the transfer of goods to another means of transport, the provisions of article 20 shall apply. If there is no Customs authorities in the vicinity, any other competent authority may intervene in accordance with the provisions of article 21.Article 23
In case of imminent danger necessitating immediate off-loading, partial or total, the transporter may use his discretion but shall report the steps taken on all the Inter-State Road Transit Declaration leaflets and the transit notice in his possession. The provisions of article 21 shall apply in this case.Article 24
When as a result of an accident or other incidents which occurred during transportation, the transporter is not in a position to respect the time limit envisaged in article 14, the competent authority shall indicate this on the Inter-State Road Transit Declaration leaflets and the transit notices in the possession of the transporter.Article 25
The office of destination shall indicate on the Inter-State Road Transit Declaration leaflets whatever verification was carried out. Leaflet No. 3 shall be sent back to the office of departure in accordance with the procedure stipulated in article 6.Article 26
Chapter IV
Security
Article 27
Article 28
Chapter V
Reporting of offences
Article 29
Article 30
Article 31
As a matter of necessity, the Customs Administrations of the Member States shall communicate to one another, the reports of incidents, documents, certified accounts and information on transportation carried out under the Inter-State Road Transit System as well as on the infringements discovered.Chapter VI
Statistical provisions
Article 32
The Office of departure shall transmit without delay, after verifying the Inter-State Road Transit Declaration, to the service which in the Member State of departure is the competent authority for external trade statistics, leaflet No. 3 of the said declaration.Article 33
The Customs Office of Destination shall transmit without delay, after indicating the information specified in Article 25 to the service which in the Member State of Destination is the competent authority for external trade statistics, leaflet No. 4 of the Inter-State Road Transit Declaration.Article 34
The passage offices of exist referred to in Article 1 shall forward for necessary action, to the service which in the Member State on which they depend is the competent authority for external trade satisfies, copies of the passage notices submitted to them.Chapter VII
Final provisions
Article 35
Any dispute between Member States as regards the interpretation or application of the present Convention shall be settled amicably by direct agreement.Failing this, the dispute shall be sent by one of the parties to the Community's Tribunal whose decision shall be final.Article 36
The annexes and appendix attached to the present Convention shall constitute an integral part of this Convention.Article 37
Article 38
Movement of goods under the Inter-State Road Transit Regime shall be subjected to the different national regulations of the Member States provided that they are not contrary to the provisions of the present Convention.Article 39
Each Member State shall, in agreement with their immediate neighbouring Member State establish a list of the itineraries and Customs Offices along the itineraries open to Inter State Road Transport of goods.Article 40
History of this document
01 June 1982
29 May 1982 this version
Consolidation