Provisions about documents for international transports (Art. 46 Ter l. 298/1974)
In this tab we focus on a rule that has been introduced by Law 28th of December 2015 n. 208, art. 1, comma 653 and interpreted by the joint circular MIT Prot. 300/A/1347/16/108/13/1 e MITRA Prot. 4091 released on February the 26th, 2016 http://www.mit.gov.it/normativa/circolare-4091-26-febbraio-2016. In this circular, the Ministry gave the general implementation guidelines of art. 46 ter of law 298/1974 upon which, during road controls, the police is paying particular attention.
Every accompanying document of goods will be controlled, no matter if it is mandatory by law, expected by rule or by international custom.
There are many behaviours sanctioned by the new rule; sanctions are provided in case of momentary absence of documents onboard and in case of missing or incomplete compilation of it. In the latter case, the extent of the administrative sanction differs taking into account if such failure produces or not the impossibility to ascertain the transport administrative regularity.
This rule – which became necessary after the abrogation of the rules on “transport tab” contained in the legislative decree n. 286/2005 – reintroduces the obligation to provide the control bodies with the documentary evidence concerning the origin and destination of the transported goods. The rule can be applied on: international transports, both on own account and on behalf of third parties; the traffic relationship involving two or more countries, member of the EU or extra-EU, which begins in Italy, ends in Italy or pass through Italy. Rules of art. 46-bis of law n. 298/1974 remain still. This article is about the necessary documentation for cabotage transports made by European carriers and sanctions for their absence onboard.
Therefore, if a European carrier makes national transports without the documents required by art. 8 comma 3, reg. EU n. 1072/2009, art. 46-ter won’t be applied; instead, art. 46-bis of the same law will be applied