Decree No 57 / 1976 Coll.
Decree of the Minister for Foreign Affairs on the Customs Convention on Containers, 1972
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Effective from 06.12.1975
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57
DECLARATION
Minister for Foreign Affairs
of 27 January 1976
on the Customs Convention on Containers, 1972
On 2 December 1972, the Customs Convention on Containers (1972) was negotiated in Geneva, which was signed on behalf of the Czechoslovak Socialist Republic on 27 December 1973. The instrument of approval of the Convention by the Government of the Czechoslovak Socialist Republic was deposited with the Secretary-General of the United Nations on 4 September 1974.
The Convention entered into force on 6 December 1975 on the basis of Article 19 (1) and entered into force on that date for the Czechoslovak Socialist Republic.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CUSTOMS CONTAINERS, 1972
Preamble
Contracting Parties,
Desiring to develop and facilitate international container transport,
agree as follows:
CHAPTER I
GENERAL PROVISIONS
For the purposes of this Convention:
(a) "import duty and charges" means the duties and any other taxes, fees and various levies levied on or in connection with the importation of goods, but excluding charges and charges limited to the approximate price of the services provided;
(b) "temporary importation" means temporary importation with the exception of the collection of import duties and charges without import prohibitions and restrictions, subject to re-export;
(c) "container" means transport equipment (transport cabinet, removable tank or other similar equipment):
(i) forming, in whole or in part, a enclosed space intended for the placing of the goods;
(ii) having a permanent character and therefore sufficiently firm to be reused;
(iii) specially designed to facilitate the transport of goods by one or more types of means of transport without changing the load;
(iv) designed to be easily handled, particularly when transhipping from one mode of transport to another;
(v) designed to be easily loaded and unloaded;
(vi) having an internal volume of at least one cubic metre.
The term "container 'means accessories and equipment of a container according to its type, provided that such accessories and equipment are transported together with the container. The term" container' does not include vehicles, equipment and spare parts of vehicles or packaging;
(d) "internal transport" means the transport of goods loaded into the territory of the State concerned by unloading in the territory of the same State;
(e) "person" means both natural and legal persons;
(f) "user" means a person who, irrespective of whether or not he is the owner of the container, actually controls the use of the container.
The advantages referred to in this Convention shall apply only to containers which bear the same conditions as those listed in Annex 1.
CHAPTER II
TEMPORARY IMPORT
(a) Benefits of temporary importation
1. Each Contracting Party shall authorise temporary importation of both loaded and empty containers under the conditions laid down in Articles 4 to 9.
2. Each Contracting Party reserves the right not to authorise the temporary importation of containers which have been the subject of purchase, hire or similar contracts concluded by a person residing or residing in its territory.
1. Containers imported under temporary import conditions shall be re-exported within three months of the date of their import. However, this period may be extended by the competent customs authorities.
2. Containers imported under temporary importation conditions may be re-exported via any appropriate customs office, even if it is not the customs office which authorised their temporary importation.
1. Notwithstanding the re-export obligation laid down in paragraph 1 of Article 4, the re-export of heavily damaged containers shall not be required where they are, under the rules of the country concerned and under the authorization of the customs authorities:
(a) subject to the import duties and charges to which they are subject taking account of their condition at the time when they are presented to customs; or
(b) leave free of charge to the competent authorities of that country; or
(c) destroyed under official control at the expense of the candidates, the residues and the removed components being subject to import duties and charges to which they are subject, taking account of their condition, at the time when they are presented to customs.
2. Where a container imported under temporary importation conditions cannot be exported as a result of seizure, the re-export obligation provided for in paragraph 1 of Article 4 shall be postponed for the duration of the seizure.
(b) Temporary import procedure
Subject to the provisions of Articles 7 and 8 of the containers, temporarily imported under the conditions laid down in this Convention, they shall enjoy the temporary importation procedure without requiring customs documents or the lodging of a security on their importation or re-exportation.
Each Contracting Party may make the temporary importation of containers subject to compliance with all or some of the provisions on the temporary importation procedure set out in Annex 2.
Each Contracting Party, where the provisions of Article 6 cannot be applied, shall retain the right to require a certain type of security and, where appropriate, the presentation of customs documents relating to the import and re-export of containers.
(c) Conditions of use of temporarily imported containers
1. The Contracting Parties shall allow containers imported under temporary importation conditions under the provisions of this Convention to be used for national transport of goods, each Contracting Party may impose all or some of the conditions listed in Annex 3.
2. The benefit referred to in paragraph 1 shall be granted without prejudice to the provisions applicable in the territory of each Contracting Party to tractors or lorries of containers.
(d) Specific cases
1. Temporary importation of spare parts for the repair of temporary imported containers is permitted.
2. The non-exported parts are, in accordance with the provisions of the country concerned and according to the customs authorities of that country, authorised by:
(a) subject to import duties and charges to which they are subject in view of their situation at the time when they are presented to customs; or
(b) leave free of charge to the competent authorities of that country; or
(c) destroyed under official control at the expense of the candidates.
(3) Articles 6, 7 and 8 shall apply mutatis mutandis to the temporary importation of spare parts referred to in paragraph 1.
1. The Contracting Parties agree to give their consent to the temporary importation of accessories and equipment of the temporary imported containers when imported together with the container and to be re-exported separately or with another container or imported separately and re-exported with the container.
2. The provisions of paragraph 2 of Article 3 and Articles 4, 5, 6, 7 and 8 shall apply mutatis mutandis to the temporary importation of container accessories and equipment referred to in paragraph 1. Such accessories and fittings may be used in national transport as provided for in paragraph 1 of Article 9, provided that they are transported with a container to which the provisions of that paragraph apply.
CHAPTER III
APPROVAL OF CONTAINERS TO TRANSPORT OF GOODS UNDER THE CUSTOMS CONCLUSION
1. In order to be approved for transport under customs seals, containers shall comply with the provisions of the Order set out in Annex 4.
2. Approval shall be carried out in accordance with one of the methods set out in Annex 5.
3. Containers approved by a Contracting Party for carriage under customs clearance shall be accepted by the other Contracting Parties in any international transport regime requiring such conclusion.
4. Each Contracting Party reserves the right not to recognise the validity of an approval certificate for containers which do not comply with the conditions set out in Annex 4. However, the Contracting Parties shall endeavour not to delay transport if the deficiencies identified are less serious and do not provide the possibility of smuggling.
5. Before a container whose approval is no longer recognised is re-used for the transport of goods under customs clearance, it shall be re-introduced into the state required for its approval or be subject to a new approval.
6. If the defect appears to have occurred at the time of approval of the container, the competent authority responsible for approval shall be informed.
7. If it is found that containers approved for the carriage of goods under customs clearance in accordance with the procedures referred to in paragraphs 1 (a) and (b) of Annex 5 do not comply with the technical conditions set out in Annex 4, the authority which granted the approval shall take all necessary measures to ensure that the containers are placed in a state which satisfies those conditions or that the approval is revoked.
CHAPTER IV
EXPLANATORY
The explanatory notes set out in Annex 6 shall give an interpretation of certain provisions of this Convention and its Annexes.
CHAPTER V
MISCELLANEOUS PROVISIONS
This Convention shall not prevent the establishment of more favourable conditions which the Contracting Parties provide or wish to provide by unilateral measures or on the basis of bilateral or multilateral agreements, provided that the advantages thus granted do not affect the validity of the provisions of this Convention.
Any infringement of the provisions of this Convention, any modification, false declaration or activity which is unduly extended to any person or object by this Convention shall expose the offender in the country where the offence was committed to prosecution under the law of that country.
The Contracting Parties shall, upon request, communicate to each other the information necessary for the implementation of the provisions of this Convention, in particular as regards the approval of containers and the technical characteristics of their construction.
The Annexes to this Convention and the signing Protocol shall form an integral part of the Convention.
CHAPTER VI
FINAL PROVISIONS
Signature, ratification, acceptance, approval and access
1. This Convention shall be open until 15 January 1973 at the Office of the United Nations in Geneva and thereafter from 1 February to 31 December 1973, including at the seat of the United Nations in New York, for signature to all Member States of the United Nations or to one of its professional institutions or to the International Atomic Energy Agency, as well as to any State Party to the Statute of the International Court of Justice, and to any other State invited by the General Assembly of the United Nations to become a party to this Convention.
2. This Convention may be ratified, adopted or approved by signatory States.
3. This Convention shall remain open to access to any State referred to in paragraph 1.
4. The instruments of ratification and acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.
Entry into force
1. This Convention shall enter into force nine months after the date on which the fifth instrument of ratification or accession is deposited.
2. For each State which ratifies, adopts or approves this Convention or accedes to it after the deposit of the fifth instrument of ratification or acceptance, approval or accession, this Convention shall enter into force six months after the date on which that State has deposited its instrument of ratification or accession.
3. Any instrument of ratification or acceptance, approval or accession deposited after the entry into force of the amendment to this Convention shall be deemed to already apply to the amended version of the Convention.
4. Any such instrument deposited after the adoption of the amendment but before its entry into force shall be deemed to apply to the amended version of the Convention as from the date on which the amendment enters into force.
Repeal of the Customs Convention on Containers (1956)
1. On the date of entry into force, this Convention shall be repealed and replaced in relations between the Parties to this Convention by the Customs Convention on Containers, opened for signature in Geneva on 18 May 1956.
2. Notwithstanding the provisions of paragraphs 1, 2 and 4 of Article 12, the Contracting Parties shall accept, for the transport of goods under the customs seal, containers approved in accordance with the provisions of the Customs Convention on Containers (1956) or those resulting from the agreements concluded under the auspices of the United Nations, provided that they continue to fulfil the conditions under which they were previously approved. To this end, certificates issued under the provisions of the Customs Convention on Containers (1956) may be replaced by an approval mark before their expiry date.
Procedure for discussing amendments to this Convention and its Annexes
1. Each Contracting Party may propose one or more amendments to this Convention. The text of each amendment shall be notified to the Customs Cooperation Council, which shall circulate it to all Contracting Parties and inform thereof the States referred to in Article 18 which are not Contracting Parties. The Customs Cooperation Council shall also convene an Administrative Committee in accordance with the rules of procedure set out in Annex 7.
2. Any amendment tabled pursuant to the preceding paragraph or drawn up at a meeting of the Committee and approved by a two-thirds majority of the members present and voting shall be notified to the Secretary-General of the United Nations.
3. The Secretary-General of the United Nations shall circulate the amendment to the Contracting Parties for adoption and inform thereof the States referred to in Article 18 which are not Contracting Parties.
4. An amendment notified under the preceding paragraph shall be deemed to be accepted if, within 12 months of the date on which the amendment was notified by the Secretary-General of the United Nations, no Contracting Party raises an objection.
5. The Secretary-General of the United Nations shall, as soon as possible, inform all Contracting States and States referred to in Article 18 which are not Contracting Parties, whether an objection has been raised against the amendment. If an objection has been raised to the amendment, the amendment shall be deemed to have no effect and shall have no effect. If no objection has been notified to the Secretary-General of the United Nations, the amendment shall enter into force for all Contracting Parties three months after the expiry of the 12-month period referred to in the preceding paragraph or on a later date set by the Administrative Committee at the time of adoption of the amendment.
6. Each Contracting Party may request, by notification to the Secretary-General of the United Nations, a conference to be convened in order to revise this Convention. The Secretary-General of the United Nations shall notify the request to all Contracting Parties and convene a Conference for the purpose of the revision of the Convention if, within four months of its notification, at least one third of the Contracting Parties have given their consent to the request. The Secretary-General of the United Nations shall also convene such a conference; if so requested by the Administrative Committee. The Administrative Committee shall submit such a request if it is supported by a majority of the members present and voting. If the Conference is convened pursuant to this paragraph, the Secretary-General of the United Nations shall invite all States referred to in Article 18 to participate.
Special procedure for discussing amendments to Annexes 1, 4, 5 and 6
1. Independent of the procedure for discussing amendments pursuant to Article 21, Annexes 1, 4, 5 and 6 may be amended in accordance with the provisions of this Article and in accordance with the rules of procedure set out in Annex 7.
2. Either Party shall notify the Customs Cooperation Council of amendments. It shall inform the Contracting Parties and States referred to in Article 18 which are not Contracting Parties thereof and shall convene an Administrative Committee.
3. Any amendment made pursuant to the preceding paragraph, or drawn up at a meeting of the Committee and adopted by a two-thirds majority of the members present and voting in the Committee, shall be notified to the Secretary-General of the United Nations.
4. The Secretary-General of the United Nations shall circulate the amendment to the Contracting Parties for adoption and inform thereof the States referred to in Article 18 which are not Contracting Parties.
5. The amendment shall be deemed to be accepted if, within 12 months of the date on which the Secretary-General of the United Nations circulated the amendment to the Parties, to one fifth of the Contracting Parties or to the five Contracting Parties, if this number is smaller, has not notified the Secretary-General of the United Nations that they object to the amendment. An amendment that is not adopted has no effect.
6. Where an amendment is accepted, it shall enter into force for all Contracting Parties which have not objected to the amendment three months after the expiry of the 12-month period referred to in the preceding paragraph or any later date designated by the Administrative Committee at the time of adoption of the amendment. At the time of the adoption of the amendment, the Committee may also decide that the existing Annexes shall remain in force in whole or in part for a transitional period at the same time as the amendment.
7. The Secretary-General of the United Nations shall notify the Contracting Parties of the date on which the amendment enters into force and shall inform the States referred to in Article 18 which are not Contracting Parties thereof.
Termination
Each Contracting Party may terminate this Convention by lodging an instrument with the Secretary-General of the United Nations. The denunciation shall take effect one year after the date on which the instrument of denunciation was lodged with the Secretary-General of the United Nations.
Residual validity
This Convention shall cease to apply if, during any two-month period, the number of Contracting Parties falls to less than five.
Dispute settlement
1. Any dispute between two or more Contracting Parties concerning the interpretation or implementation of this Convention which cannot be resolved by negotiation or otherwise shall be referred, on a proposal from one of them, to an arbitration panel composed as follows: each Party shall appoint an arbitrator and the two arbitrators shall designate a third arbitrator who shall be chairman. If, three months after the date of receipt of the application, one of the Parties does not designate an arbitrator or if the arbitrators cannot agree on the choice of the President, either Party may request the Secretary-General of the United Nations to appoint an arbitrator or chairman of an arbitration panel.
2. The decision of the arbitration panel established under paragraph 1 shall be binding on the parties at issue.
3. The arbitration panel shall establish its own rules of procedure.
4. The arbitration panel shall decide both on the proceedings and on the location of the meeting and on any question at issue before it by a majority vote.
5. Any dispute which could arise between the parties in question concerning the interpretation or enforcement of the arbitration finding may be referred by either party to the decision of the arbitration panel which delivered the finding.
Reservations
1. Reservations to this Convention shall be admissible, with the exception of those relating to the provisions of Articles 2 to 8, 12 to 17, 20 and 25 and to the provisions of the Annexes, provided that such reservations are notified in writing and that, if, before the deposit of the instrument of ratification or acceptance, approval or accession, they are confirmed in that instrument. The Secretary-General of the United Nations shall notify all States referred to in Article 18 of these reservations.
2. any reservation notified pursuant to paragraph 1:
(a) the provisions of this Convention to which the reservation applies shall be amended for the Contracting Party which has made it, to the extent that this reservation is applicable; and
(b) to the same extent, for the other parties, the provisions in relation to the Contracting Party making the reservation shall be amended.
3. Any Contracting Party which has notified the reservation referred to in paragraph 1 may withdraw it at any time by informing the Secretary-General of the United Nations.
Notification
In addition to the notifications and notifications referred to in Articles 21, 22 and 26, the Secretary-General of the United Nations shall notify all States referred to in Article 18:
(a) signatures, ratifications, acceptance, approvals and approaches pursuant to Article 18;
(b) the date of entry into force of this Convention pursuant to Article 19;
(c) the date of entry into force of the amendments to the Convention pursuant to Articles 21 and 22;
(d) the statement referred to in Article 23,
(e) the expiry of this Convention pursuant to Article 24.
Authentic texts
The original of this Convention, the text of which is equally authentic in the English, Chinese, French, Russian and Spanish languages, shall be deposited with the Secretary-General of the United Nations, who shall send his certified copies to all States referred to in Article 18.
In evidence of this signed mandate, duly authorised by their governments, they signed this Convention.
In Geneva, on the second December, a thousand nine hundred seventy-two.
PŘÍLOHA 1
ANNEX 1
PROVISIONS ON THE MARKING OF CONTENERS
1. In an appropriate and well-visible place, the following data shall be provided on containers in a durable manner:
(a) details of the owner or main user;
(b) the registration numbers and container numbers accepted by the owner or user;
(c) the weight of the container with all permanently fixed fittings.
2. The country to which the container belongs shall be indicated either by its full name or by the registration mark used to indicate the country when registering vehicles in international road transport. Each country may adapt the use of its name or mark on containers by its national rules. The identity of the owner or user may be ensured by stating either his name or his initial letters, provided that the letters form a fixed abbreviation and excluding such markings as abbreviations or flags.
3. In addition, containers approved for transport under customs clearance shall bear the following particulars, which shall also appear on the approval plate according to the provisions of Annex 5:
(a) the serial number assigned by the manufacturer (serial number); and
(b) where containers are approved according to the prototype, registration numbers or letters of this type.
PŘÍLOHA 2
ANNEX 2
PROCEDURE FOR TEMPORARY IMPORTS REFERRED TO IN ARTICLE 7 OF THIS CONVENTION
1. When implementing the provisions of Article 7 of this Convention, each Contracting Party shall use the documents on which the circulation of such containers is recorded by owners, users or their representatives to check the circulation of containers subject to the temporary importation procedure.
2. The following provisions shall be implemented:
(a) the owner or user of the containers must be represented in the country where the containers are to be subject to the temporary importation procedure;
(b) the owner, user or their representative undertake in writing:
(i) provide the customs authorities of that country, at their request, with detailed information on the operation of each container subject to the temporary importation procedure, including the dates and points of entry into and exit from the country;
(ii) to pay the import duties and charges which could be charged if the conditions of temporary importation were not met;
PŘÍLOHA 3
ANNEX 3
USE OF CONTAINERS IN INTERNAL TRANSPORT
For the use of containers in internal transport within its territory pursuant to Article 9 of this Convention, each Contracting Party may lay down the following conditions:
(a) the container must be transported by an appropriate direct transport route to the place or as close as possible to the place where the export goods are to be loaded or where an empty container is to be exported;
(b) the container may only be used once in internal transport before its re-export.
PŘÍLOHA 4
ANNEX 4
RULES ON TECHNICAL CONDITIONS APPLICABLE TO CONTAINERS WHICH MAY BE APPROVED FOR INTERNATIONAL TRANSPORT UNDER THE CUSTOMS CONCLUSION
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 57 / 1976 Coll., on the Customs Convention on Containers, 1972 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.06.1976 |
|---|---|
| Effective from | 06.12.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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