Decree of the Minister for Foreign Affairs No. 24 / 1963 Coll.
Decree of the Minister for Foreign Affairs on the Customs Convention on Containers and the European Convention on Customs Treatment of Pallets in International Transport
Valid
Effective from 29.08.1962
Zobrazeno prvních 200 z celkem 265 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
24.
DECLARATION
Minister for Foreign Affairs
of 8 February 1963
on the Customs Convention on Containers and the European Convention on Customs Treatment of Pallets in International Transport
The Customs Convention on Containers was negotiated in Geneva on 18 May 1956 and the European Convention on Customs Treatment of Pallets in International Transport was negotiated in Geneva on 9 December 1960.
The Charter on the Access of the Czechoslovak Socialist Republic to the said Conventions was deposited with the Secretary-General of the United Nations on 31 May 1962.
The Czechoslovak Socialist Republic has acceded to the Customs Convention on Containers, subject to the fact that it is not considered to be bound by the provisions of Article 17 of the Convention, and to the European Convention on Customs Treatment of Pallets in International Transport, unless it is considered to be bound by the provisions of paragraphs 2 and 3 of Article 11 of the Convention.
The two Conventions entered into force for the Czechoslovak Socialist Republic on 29 August 1962, namely the Customs Convention on Containers pursuant to Article 13 and the European Convention on Customs Treatment of Pallets in International Transport pursuant to Article 7.
The Czech translation of the above conventions is announced simultaneously.
David v. r.
CUSTOMS CONTENDER
Contracting Parties,
in order to develop and facilitate the use of containers in international transport,
agree on the following:
CHAPTER I
Definitions
For the purposes of this Convention:
(a) "import duties and levies" means not only import duties but also all taxes and charges which can be imposed on account of importation;
(b) "container" means transport equipment (liftvan, removable tank or other similar equipment) which:
(i) is of a lasting nature and is therefore sufficiently durable to be reused;
(ii) is specially designed to facilitate the transport of goods by means of one or more means of transport without damage;
(iii) be equipped with a means of easy handling, in particular when transferring from one means of transport to another;
(iv) is designed to be easily filled and emptied; and
(v) has an internal volume of at least 1 m3;
as well as accessories and normal equipment of the container, provided that they are imported together with it; the word "container 'does not include the usual packaging or vehicles;
(c) "persons" shall mean both natural and legal persons, unless the contrary is apparent from the context of the text.
CHAPTER II
Temporary import without import duties and levies and without import bans and restrictions
Each Contracting Party shall allow temporary importation without import duties and levies and without import bans and restrictions for containers which are imported in full to be re-exported empty or full, or which are imported empty to be re-exported in full, provided that they are re-exported and under the other conditions laid down in Articles 3- 6. Each Contracting Party reserves the right not to apply this provision to imports of containers bought by a person resident or established in its country or to imports of containers the actual possession of which it has acquired otherwise; the same reservation applies to containers imported from a State which does not practice the provisions of this Convention.
Containers imported temporarily without import duties and levies are to be re-exported within three months after importation. In justified cases, customs authorities may extend this period within the framework of the legal provisions in force in the territory to which the container was temporarily imported.
(1) Notwithstanding the re-export obligation laid down in Article 3, the re-export of severely damaged containers in the event of a properly proven accident will not be required, provided that such containers are - as required by customs authorities -
(a) subject to import duties and levies which are applicable in the present case; or
(b) made available free of charge to the State of temporary importation; or
(c) destroyed under official supervision for the expenditure of the interested parties concerned, the waste and the components obtained being subject to import duties and levies in accordance with their tariff nature.
(2) If the temporarily imported container cannot be re-exported on the grounds that it has been seized, and if such seizure has not been carried out at the request of private persons, the re-export obligation provided for in Article 3 shall remain at rest for the period of seizure.
(1) Components imported for repair of a container already temporarily imported will be temporarily released without import duties and levies even without import bans and restrictions.
(2) Components which have been replaced and are not re-exported shall be subject to import duties and levies, unless they are made available to that State free of charge under the rules of the Member State concerned or destroyed under official supervision for the expenditure of the interested parties concerned.
The procedure and detailed conditions concerning the temporary importation of containers and their components without import duties and levies shall be governed by the provisions in force in each Contracting Party.
CHAPTER III
Technical conditions for containers which may be admitted to transport under customs clearance
Each Contracting Party in whose territory containers may be transported under customs seals shall admit to transport containers which comply with the provisions of the Regulations set out in Annex 1 and shall apply the recognition procedure set out in Annex 2.
CHAPTER IV
Miscellaneous provisions
The Contracting Parties shall endeavour not to introduce customs formalities which could impede the development of international transport through containers.
Any breach of the provisions of this Convention, of any falsification, misstatement or conduct aimed at obtaining undue benefits under this Convention shall result in the offender being prosecuted in accordance with the applicable laws of the country where the offence was committed.
Nothing in this Convention shall preclude the right of Contracting Parties which form a customs or economic union to issue specific provisions applicable to persons residing or having their registered office in the territory of the Contracting Parties constituting that Union.
Each Contracting Party shall have the right to refuse or withdraw entitlement to temporary importation without import duties and levies and without import bans and restrictions on containers to which it is used, even on an occasional basis, for the goods to be loaded within the borders of the country to which such containers have been imported and unloaded within the same borders.
CHAPTER V
Final provisions
(1) States which are members of the Economic Commission for Europe and States admitted to that Commission with an advisory vote under Article 8 of the mandate of that Commission may become Contracting Parties to this Convention:
(a) signing the Convention;
(b) ratification after signature, subject to ratification;
(c) access to it.
(2) States which may participate in certain works of the European Economic Commission under Article 11 of the mandate of that Commission may become Contracting Parties to this Convention by access to it after its entry into force.
(3) The possibility of signing the Convention will continue until 31 August 1956 inclusive. It will be possible to accede to it after that date.
(4) Ratification or access shall be carried out by depositing the relevant instrument with the Secretary-General of the United Nations.
(1) This Convention shall enter into force on the 90th day following the signature by the five States referred to in paragraph 1 of Article 12 of the Convention without reservation of ratification or deposit of its instrument of ratification or accession.
(2) For each State which ratifies or accedes to it, when five States have already signed it without reservation of ratification or deposited its instrument of ratification or accession, this Convention shall enter into force 90 days after the deposit of the instrument of ratification or accession of that State.
(1) Each Contracting Party will be able to terminate this Convention by notifying the Secretary-General of the United Nations.
(2) The denunciation shall take effect 15 months after the date on which the Secretary-General receives notification thereof.
This Convention shall expire if, after its entry into force, the number of Contracting Parties is less than five for a continuous period of 12 months.
(1) Each State will be able to declare, when signing this Convention, without reservation of ratification or deposit of the instrument of ratification or accession, or at any time thereafter, by communication to the Secretary-General of the United Nations, that this Convention will be applied in all or certain territories representing that State in international contact. The Convention shall be implemented in the territories or territories referred to in this communication as from the 90th day following the receipt by the Secretary-General of this communication or, if the Convention has not yet entered into force on that date, from the date on which it enters into force.
(2) Any State which, within the meaning of the preceding paragraph, has made a declaration under which this Convention is to be applied in the territory which it represents in international contact will be able to terminate the Convention in accordance with Article 14 as regards that territory.
(1) Any dispute between two or more Contracting Parties regarding the interpretation or implementation of this Convention shall, as far as possible, be dealt with by negotiation between the Parties in a dispute.
(2) Any dispute which is not resolved by negotiation will be subject to arbitration proceedings if either party so requests in the dispute and will then be surrendered to one or more arbitrators elected by mutual agreement between the parties in the dispute. In the event that, within three months of the request for an arbitral ruling, the Parties do not agree on the selection of the arbitrator or arbitrators in the dispute, either Party may request the Secretary-General of the United Nations to designate a single arbitrator to whom the dispute shall be referred for decision.
(3) The opinion of the arbitrator or arbitrators designated in accordance with the preceding paragraph will be binding on the Contracting Parties in the dispute.
(1) Each Contracting Party will be able, when signing or ratifying this Convention or accessing it, to declare that it is not considered to be bound by Article 17 of the Convention against the Contracting Parties which have made such a reservation.
(2) Any Contracting Party which has made a reservation pursuant to paragraph 1 may at any time withdraw it by notification addressed to the Secretary-General of the United Nations.
(3) No other reservation to this Convention shall be admissible.
(1) When this Convention has been in force for three years, each Contracting Party will be able to request the United Nations Secretary-General to be notified that a conference be convened to revise the Convention. The Secretary-General shall communicate this request to all Contracting Parties and shall convene a review conference if, within four months of the date on which he has sent this communication, at least one third of the Contracting Parties have notified him of their agreement to this request.
(2) If the Conference referred to in the preceding paragraph is convened, the Secretary-General shall inform all the Contracting Parties thereof and invite them to submit proposals within three months which would like to be discussed at the Conference. The Secretary-General shall communicate to all Contracting Parties the provisional agenda for the Conference and the text of these proposals at least three months before the beginning of the Conference.
(3) The Secretary-General shall invite to each conference convened pursuant to this Article all States referred to in paragraph 1 of Article 12 and States which have become Contracting Parties pursuant to paragraph 2 of Article 12.
(1) Each Contracting Party will be able to propose one or more amendments to this Convention. The text of each amendment proposal shall be communicated to the Secretary-General of the United Nations, who shall communicate it to all Contracting Parties and inform the other States referred to in paragraph 1 of Article 12 thereof.
(2) Any amendment proposal which has been circulated in accordance with the preceding paragraph will be paid for when no Contracting Party objects within six months of the date on which the Secretary-General sent the amendment.
(3) The Secretary-General shall, as soon as possible, send to all Contracting Parties a communication informing them of the objection to the amendment. If an objection has been raised to the amendment proposal, the amendment will be deemed unacceptable and will be ineffective. If no objection is raised, the amendment shall enter into force for all Contracting Parties three months after the expiry of the six-month period referred to in the preceding paragraph.
(4) The Annexes to this Convention may be amended by agreement between the competent administrative authorities of all Contracting Parties, without the procedure for amendments provided for in paragraphs 1, 2 and 3 of this Article. The Secretary-General shall determine the date on which the new text resulting from these amendments enters into force.
In addition to the communications referred to in Articles 19 and 20, the Secretary-General of the United Nations shall inform the States referred to in paragraph 1 of Article 12, as well as the States Parties referred to in paragraph 2 of Article 12, of:
(a) the signatures, ratifications and accesses referred to in Article 12;
(b) the dates on which this Convention enters into force pursuant to Article 13;
(c) the statements referred to in Article 14,
(d) the repeal of this Convention pursuant to Article 15;
(e) communications received pursuant to Article 16;
(f) declarations and notifications made pursuant to paragraphs 1 and 2 of Article 18;
(g) the date on which any amendment pursuant to Article 20 enters into force.
The Protocol on signature to this Convention shall have the same validity, effectiveness and duration as the Convention itself and shall be considered an integral part thereof.
After 31 August 1956, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall deliver a certified copy to each of the States referred to in paragraphs 1 and 2 of Article 12.
In order to prove the signature, duly empowered to do so, they signed this Convention.
Done at Geneva, 18 May 1956, in one copy, in English and French, the two texts being equally authentic.
Příloha č. 1
Annex No 1 to Decree No 24 / 1963 Coll.
Row
ON TECHNICAL CONDITIONS FOR CONTAINERS TO BE ACCEPTED TO TRANSPORT UNDER THE CUSTOMS CONCLUSION
In order to be recognised as eligible for transport under customs seals, containers shall comply with the following conditions:
General provisions
(1) The container shall bear the name and address of the owner on a permanent basis, as well as the name and registration number of the tent. *) It will be designed and equipped,
(a) that the seals may be affixed in a simple and efficient manner;
(b) that no goods may be removed from, or entered in, a customs-sealed part of the container without any violence leaving visible traces or any breach of customs seals;
(c) that none of its premises offers the possibility to hide the goods.
(2) The container shall be so constructed that all its premises, such as partitions, tanks or other places suitable for containing the goods, are easily accessible for the purpose of a customs inspection.
(3) In case there are empty spaces between the individual bulkheads that form the walls, the bottom and the lid of the container, the inner lining will be solid, complete, uninterrupted, from one piece and at all such that it cannot be developed without visible traces.
(4) Each container to be recognised in the procedure referred to in paragraph 1 of Annex 2 shall be equipped with a recognition certificate frame on one of the external walls; the certificate shall be accompanied on both sides by transparent plastic plates which shall be welded together in hermetically. The frame shall be drawn up in such a way as to protect the recognition certificate and not to exclude it without destroying the seals to be placed there so that the certificate cannot be removed; this frame is also intended to provide effective protection of customs clearance.
Container structure
(1) The walls, bottom and lid of the container shall be made of boards, boards or fillings of sufficiently firm and suitable forces, welded (assembled), riveted, grooved or otherwise assembled so as not to provide any cracks which would allow access to the contents. These parts shall fit precisely into each other and be fixed in such a way that they cannot be moved or removed from them without leaving visible traces or damaging the seals.
(2) The main coupling material, such as bolts, rivets etc., will be located from the outside, will extend inwards and will be secured by matrices, spaced or welded (glued) in a sufficient manner. Subject to the clamps holding the main parts of the walls, the bottom and the lids are located from the outside, the other clamps may be placed from the inside, provided that the matrix is sufficiently welded (attached) to the outside and is not covered with opaque colour. However, as with the provisions relating to wagons, however, they will apply to containers which are transported under customs seals only by rail, the following conditions: the main coupling material, such as bolts, rivets etc., will be placed from the outside, if possible, and will be secured by matrices, strained or welded in a sufficient manner. In case it is necessary that the clamps are placed from the inside and have nuts on the outside, these clamps will be blown or welded (attached) onto the nuts.
(3) Ventilation openings shall be permitted if their maximum size does not exceed 400 mm. If these openings allow direct access to the contents of the container, they will be provided with wire mesh or metal perforated plate (maximum size of openings: 3 mm in both cases) and protected by welded metal grates (maximum mesh size: 10 mm). If they do not allow direct access to the container (e.g. by using a curved passage system), they will be equipped with the same devices, but the dimensions of holes and meshes may be increased to 10 mm, or 20 mm (instead of 3 mm and 10 mm). It shall not be possible to remove this device from the outside without leaving visible traces. The wire mesh shall be made of wires at least 1 mm in diameter, in such a way that the wires cannot get close to each other and that the openings cannot be expanded without leaving visible traces.
(4) The drains shall be permitted provided that their maximum size is not more than 35 mm. They shall be fitted with a metal mesh or metal perforated plate (maximum size of holes 3 mm in both cases) and protected by welded (adjacent) metal grates (maximum mesh size 10 mm). It shall not be possible to remove this device from the outside without leaving visible traces.
Closure systems
(1) The door and all other types of container closing must have a device which allows for a simple and effective customs closure. This device shall either be welded (attached) to the door walls, if metal or fitted with at least two clamps, which shall be welded or welded inside the nuts.
(2) They shall be so manufactured and adapted as to prevent doors and other types of closing from being introduced after closing; screws, plugs, pins and other fixtures will be welded (attached) to the outside parts. Such conditions shall not, however, be required if doors and other types of closing devices are fitted to a closing device not accessible from the outside, which, if closed, prevents the door from being opened.
(3) The doors shall be designed to cover all gaps and ensure complete and effective closure.
(4) The container shall be fitted with a suitable device to protect the seals or be so constructed that the seals are adequately protected.
Special purpose containers
(1) The above provisions apply to containers of isothermic, cooling and freezing, tank-containers, containers for the purpose of moving and containers specially designed for air transport to the extent that this is compatible with the technical particularities given by the specific designation of such containers.
(2) The flanges (closing hatches), faucets and tank container openings will be adapted in such a way as to allow simple and efficient seals.
Folding or dissolving containers
Containers of folding or disassembly shall be subject to the same conditions as containers of non-folding or non-disassembly on condition that the sealing devices which enable them to be folded or disassembled may be fitted with seals and that no part of such containers may be moved without breaching those conclusions.
Transitional provisions
The following concessions will be granted until 31 December 1960:
(a) the protection of metal grids for ventilation holes other than broken vents and drains (Article 2 (3) and (4)) is not mandatory;
(b) the protective device for seals (Article 3 (4)) is not compulsory.
Příloha č. 2
Annex No 2 to Decree No 24 / 1963 Coll.
PROCEDURE
IN RESPECT OF RECOGNITION AND COMPLETION OF CONTEMBERS COMPLETING TO TECHNICAL CONDITIONS, WHICH ARE PROVIDED FOR IN THE RULES CONTAINED IN ANNEX 1
(1) The recognition procedure shall be carried out as follows:
(a) Containers may be recognised by the competent authorities of the country in which the owner is resident or registered or by the authorities of the country in which the container is first used for transport under customs clearance.
(b) The recognition decision shall state the date and the normal number.
(c) The recognition certificate shall be issued in accordance with the model attached hereto. This certificate shall be printed in the language of the State of issue and in the French language; the headings are numbered to facilitate the clarity of the text in other languages. The certificate shall be provided on both sides with transparent plastic plates which shall be welded together with hermetically.
(d) The certificate shall be accompanied by a container; it shall be placed in the protection frame referred to in Article 1 (4) of Annex 1 and sealed in such a way that the certificate cannot be removed from the protection frame without breaching the seals.
(e) Containers shall be presented every second year to the competent authorities for verification and, where appropriate, for extension of recognition.
(f) Recognition of the container shall cease to be valid if the main parts of the container are changed or if its owner changes.
(2) Notwithstanding the provision in paragraph 1 above, containers sent only by rail and belonging to the Railway Administration which is a member of the International Railway Union (UIC) or imatriculated by this Railway Administration will be able to be recognised and verified at regular times, by that Administration, unless the competent authorities of the State of Administration provide otherwise, and the fact that these containers comply with the technical conditions mentioned in the Order will be marked on the outside of the containers. No recognition certificate shall be issued for containers so marked.
Model - Recognition certificate
EUROPEAN CONVENTION
ON CUSTOMS PROCESSING IN INTERNATIONAL TRANSPORT
Contracting Parties,
DETERMINING that the use of pallets is greatly intensified in international transport, particularly through their joint use,
Desiring to support this expansion in order to facilitate and make international transport cheaper,
agree on the following:
CHAPTER I
General provisions
(1) For the purposes of this Convention:
(a) "import duties and levies" means not only import duties but also all taxes and charges which may be imposed on account of importation;
(b) "pallet" means a device on whose platform a certain quantity of goods may be levelled in such a way as to form a loading unit for its transport or for handling or for folding by means of mechanical instruments. This device has either two platforms connected by supporting partitions or one platform based on feet. Its total amount shall be reduced to a minimum which is suitable for handling fork loading trucks and pallet trucks; may or may not have an attachment;
(c) "persons" means both natural and legal persons.
(2) This Convention concerns pallets imported into the territory of a Contracting Party from the territory of another Contracting Party.
(1) Each Contracting Party shall allow imports of pallets without import duties and levies and without import bans and restrictions provided that:
(a) such pallets have been previously exported or re-exported; or
(b) that the same number of pallets of the same kind and substantially the same value have been exported or will be exported at a later date.
(2) Subject to the provisions of Article 3 of this Convention, the conditions for the admission to import of pallets referred to in paragraph 1 of this Article shall be laid down by the provisions of each Contracting Party. In particular, those provisions may include provisions preventing definitive imports without import duties and more pallets than or to be exported.
(3) Each Contracting Party shall endeavour to simplify the formalities as far as possible and in particular not to require the lodging of a security for import duties on the levy.
(1) Each Contracting Party shall implement the provisions of Article 2 (1) of this Convention in such a way that it does not require, at the time of import or export, or the presentation of customs documents, or the lodging of a security for import duties and levies on pallets used together under an Agreement whereby the Parties:
(a) exchange, from country to country, pallets of the same kind in the framework of operations involving the international transport of goods;
(b) keep for each type of pallet a record of the number of pallets so exchanged from country to country; and
(c) undertake to supply each other within a certain period of time the number of pallets of each species required for the occasional regular settlement of deficits in such accounts, on a bilateral or multilateral basis.
(2) Paragraph 1 of this Article shall apply only if:
(a) pallets bear the mark provided for in the joint exploitation agreement;
(b) the joint exploitation agreement has been communicated to the customs administrations of the Contracting Parties concerned and has been approved by those administrations, taking into account that the types of pallet are sufficiently defined and that the correct implementation of the agreement is sufficient.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 24 / 1963 Coll., on the Customs Convention on Containers and the European Convention on the Customs Treatment of Pallets in International Transport |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.03.1963 |
|---|---|
| Effective from | 29.08.1962 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0