Features of changing place of goods delivery after placing the goods under the customs procedure of customs transit
When due to objective circumstances after placing of goods under the customs procedure of customs transit it is required to change the place of goods delivery, the provisions of paragraph 2 of Article 220 of the Customs Code of the Customs Union are implemented, suggesting the possibility of changing the place of the goods delivery if during the transportation the destination is changed.
The customs legislation takes into account that, in accordance with the Convention on the Contract for the International transportation of Goods by Road, the sender has the right to dispose the goods and, if it is necessary, to require the carrier to transport break, changing the place provided for delivery of goods, or delivery of goods to the other receiver who is not named in the way-bill. Disposition right of goods besides the sender can belong to the receiver, if at the moment of making way-bill, the sender made a note about it. According to the Convention on the Contract for the International transportation of Goods by Road, if for any reason the execution of the agreement under the certain circumstances, is impossible before arrival of the goods to the designated for the place of delivery, the carrier must ask for the instructions from the person entitled to dispose of the goods (the sender or recipient). Thus, in the case of change of the goods destination the carrier gets appropriate instructions in written form.
The Convention on the Contract for the International transportation of Goods by Road has also established that if the circumstances allow to perform transportation in other conditions (that are not provided in the way-bill) and if the carrier was not able to timely receive the instructions from the person having the right of control, he must take measures that seems to him the most suitable for the best transportation. Such cases include, for example, force majeure, seasonal (daily) limits the axle loads, inability to obtain permits to international road transport of goods along territory of this or that country.
In the light of the above, changing the destination on the initiative of the sender or the recipient of the goods, carrier may apply to the customs authority en route and file an application about changing the place of delivery, transit declarations which are filled out earlier in the customs office of departure, and other documents for the goods, including the goods sender's or the recipient's instructions (in the form of the original or copies of a document containing such instructions). Customs must take an appropriate decision subsequent to the results of consideration of the application no later than the day following the day of receipt of the application. At the same time the previous customs procedure of customs transit is completed and the new customs procedure is opened by the declarant who can be the same or other carrier, depending on the circumstances.