Decree of the Minister for Foreign Affairs No. 62 / 1986 Coll.
Decree of the Minister for Foreign Affairs on the International Convention on the Safety of Containers
Valid
Effective from 06.09.1977
Zobrazeno prvních 200 z celkem 313 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
62
DECLARATION
Minister for Foreign Affairs
of 8 September 1986
on the International Convention on the Safety of Containers
The International Convention on the Safety of Containers was negotiated in Geneva on 2 December 1972. On behalf of the Czechoslovak Socialist Republic, the Convention was signed in London on 28 December 1973.
The instrument of approval of the International Convention on the Safety of Containers by the Czechoslovak Socialist Republic was deposited with the Secretary-General of the International Maritime Organisation, depositary of the Convention, on 8 May 1974, subject to Article VII (1) of the Convention.
The International Convention entered into force on 6 September 1977 on the basis of Article VIII (1) and entered into force on that date for the Czechoslovak Socialist Republic.
In 1981 At its 44th session, the Maritime Safety Committee of the International Maritime Organisation adopted amendments and additions to Annex I to the Convention which entered into force for all Contracting Parties on 1 December 1981 and at its 48th session in 1983 adopted further amendments and additions to Annexes I and II to the Convention which entered into force on 1 January 1984.
The Czech translation of the Convention, amendments and additions of 1981 and 1983 are announced simultaneously.
Minister:
Ing. Chupek v. r.
INTERNATIONAL CONVENTION
ON THE SAFETY OF CONTEMBERS (KBK)
UN / IMCO *) 1972
INTERNATIONAL CONVENTION
ON THE SAFETY OF CONTEMBERS (KBK)
Preamble
Contracting Parties,
recognising the need to maintain a high level of human life safety in handling, stacking and transporting containers,
taking into account the need to simplify international container shipments,
Recognising the advantages of developing generally applicable international safety requirements,
Believing that the conclusion of the Convention will best serve to this end,
decide to develop constructive requirements to ensure safety in handling, stacking and transport of containers under normal operating conditions, and to this end:
agree on the following:
General commitment under this Convention
The Contracting Parties undertake to implement the provisions of this Convention and its Annexes, which form an integral part of that Convention.
Terms
In this Convention, unless otherwise specified:
1. "container" means a means of transport:
(a) having a permanent character and having regard to it is sufficiently firm to serve repeatedly;
(b) specially designed to facilitate the transport of goods by one or more modes of transport without transhipment;
(c) designed to take account of the need for fastening and / or easy handling and to this end equipped with corner elements;
(d) of such dimensions that the area bounded by the four outer edges of the lower corner elements is:
(i) at least 14 m2 (150 ft); or
(ii) at least 7 m2 (75 square feet) provided that the container is equipped with upper corner elements;
the term "container 'does not include means of transport or packaging, but covers containers when transported on chassis.
2. "corner elements" means the sum of parts of a container with openings and edges in the upper and / or lower corners of the container which are used for loading, stacking and / or mounting of the container.
3. "administration" shall mean the Government of the Contracting Party with the consent of which approval of containers for transport is carried out.
4. "approved" means approved by the Administration.
5. "Approval" shall mean a decision by the Administration that a type of construction or container is not dangerous under the terms of this Convention.
6. "international transport" shall mean transport in which the place of departure and the place of destination is situated in the territory of two States, at least one of which is the State in which this Convention applies. This Convention shall also apply where part of the transport between two States is carried out within the territory of the State in which this Convention applies.
7. "cargo" means any goods, goods or any items carried in containers.
8. "new container" means a container the production of which started at or after the entry into force of this Convention.
9. "existing container" means a container which is not a new container.
10. "owner" shall mean the owner within the meaning of the national legislation of the Contracting Party, the lessee or the lessor, where the agreement between the Parties assumes the owner's responsibility for the maintenance and inspection of the container by that lessee or lessor.
11. "container type" means a construction type approved by the Administration.
12. "serial container" means any container manufactured according to an approved design type.
13. "prototype" means a specimen of a container, manufactured or intended for series production according to the type structure.
14. "maximum operating gross mass" or "R" means the maximum permissible total weight of the container and the cargo in it.
15. "container hearth" means the net weight of an empty container including permanently attached equipment.
16. "maximum permissible payload" or "P" means the difference between the maximum operating gross mass and the container's core.
Scope
1. This Convention shall apply to new and existing containers used in international shipments, except those specially designed for air transport.
2. Each new container shall be subject to approval either under the test procedures according to the type of construction or under the test procedures of each container according to the provisions of Annex I.
3. Each existing container shall be approved in accordance with the relevant provisions on the approval of existing containers contained in Annex I, within 5 years of the date of entry into force of this Convention.
Tests, inspections, approval and maintenance
1. In order to implement the provisions of Annex I, each Administration shall develop an effective procedure for carrying out tests, inspections and approval of containers in accordance with the criteria laid down in this Convention; it may, however, delegate the conduct of tests, inspections or approvals to organisations which it authorises accordingly.
2. The Administration which empowers such tests, inspections or approvals to any organisation shall immediately inform the Secretary-General of the IMCO, who shall inform all Contracting Parties thereof.
3. The approval order may be submitted by the Administration of any Contracting Party.
4. Each container shall be kept in a condition ensuring safety in accordance with the provisions of Annex I.
5. If the approved container does not in fact comply with the requirements contained in Annexes I and II, the competent Administration shall take the measures it deems necessary to bring such container into its state, comply with those requirements or withdraw approval.
Issue of approval
1. Approval granted by a decision of one Contracting Party in accordance with the provisions of this Convention shall be recognised by the other Contracting Parties in all cases covered by this Convention. The other Contracting Parties shall consider such approval to be equivalent to that granted by them.
2. A Contracting Party may not have any further design requirements with regard to safety or testing in respect of containers covered by this Convention, but provided that neither of the provisions of this Convention contravenes the provisions of national regulations or laws or international agreements determining additional design requirements for safety or tests in respect of containers specially designed for the transport of dangerous goods or in respect of those constructional features which are inherent to liquid cargo or air containers. The term "hazardous costs' shall be interpreted in accordance with international agreements.
Control
1. Any container which has been approved pursuant to Article III shall be checked by the official persons empowered by those Contracting Parties in the territory of the Contracting Parties.
The inspection shall be limited to determining whether the container is equipped with a valid safety-related approval plate as required by this Convention, unless there are serious reasons to assume that the container's condition is such that there is imminent danger. In such a case, the controlling authorised person shall only carry out a check to the extent necessary to ensure that the container is placed in a state complying with safety requirements until the moment of resumption of operation.
2. In cases where it is found that the container has ceased to comply with the safety requirements due to a defect that may have existed at the time of the approval of the container, the Contracting Party which has detected such a defect shall inform the Administration responsible for issuing the approval.
Signature, ratification, acceptance, approval and attachment
1. This Convention shall be open for signature by 15 January 1973 at the United Nations Department in Geneva and from 1 February 1973 to 31 December 1973, including at the headquarters of the IMCO in London for all UN Member States or members of any specialised institution or International Atomic Energy Agency, or members of the Statute of the International Court of Justice, and for any other State to which the United Nations General Assembly has offered to participate in this Convention.
2. This Convention shall be ratified, adopted or approved by the countries which signed it.
3. This Convention shall remain open to any State referred to in point 1.
4. Documents of ratification, acceptance, approval or connection shall be transmitted to the Secretary-General of IMCO in custody.
Entry into force
1. This Convention shall enter into force 12 months after the date of transmission into the custody of the tenth document of ratification, acceptance, approval or accession.
2. This Convention shall enter into force for each State which has ratified, accepted or approved the Convention or joined it after being handed over to the Tenth Document of ratification, acceptance, approval or accession, after 12 months from the date on which such State has transmitted its instrument of ratification, acceptance, approval or attachment to the Tenth Document of ratification.
3. Any State which has become a party to this Convention after the entry into force of the corrigendum, in the event that it does not notify another intention,
(a) is deemed to be a member of the Convention in which the repairs have been carried out; and
(b) is deemed to be a member of the Convention in which no corrections have been made in respect of any member of the Convention which is not bound by such a correction.
Procedure for making corrections in any part or whole of this Convention
1. Corrections to this Convention may be proposed by any Contracting Party under any of the procedures referred to in this Article.
2. Execution of repairs after discussion in IMCO:
(a) at the request of the Contracting Party, any proposed revision of this Convention shall be discussed in IMCO. A correction, if approved by the IMCO Maritime Safety Committee, to which all Contracting Parties shall be invited with the right to vote, by a two-thirds majority of those present and voting, shall be sent to all IMCO members and to all Contracting Parties no later than six months before its hearing at the IMCO General Assembly. Any Contracting Party that is not a member of the IMCO shall have the right to participate and vote in the revision at the General Assembly of the IMCO.
(b) Where the correction is accepted by a two-thirds majority of the parties present and voting at the General Assembly of IMCO and where that majority includes two thirds of the parties present and voting, the Secretary-General shall circulate it to all Contracting Parties for adoption.
(c) Such correction shall enter into force 12 months after its adoption by two thirds of the Contracting Parties. The correction shall enter into force in respect of all Contracting Parties, except those notified before its entry into force that they do not accept it.
3. Execution of the repair by the way of calling the conference.
At the request of the Contracting Party, supported by at least one third of the Contracting Parties, the Secretary-General of the IMCO shall convene a conference to which it shall invite the States referred to in Article VII.
Special repair procedure Annex
1. Any correction The Annex proposed by the Contracting Party shall be discussed in IMCO at the request of that Party.
2. Where such correction is adopted by a two-thirds majority of the parties present and voting in the Committee on Safe Seas of the IMCO, to which all Contracting Parties are invited with the right to vote, and where that majority includes two thirds of the Contracting Parties present and voting, the Secretary-General of the IMCO shall be circulated to all Contracting Parties for adoption.
3. Such a correction shall enter into force by the deadline set by the IMCO Maritime Safety Committee at the time of its adoption if, before the date set by the IMCO Maritime Safety Committee at the same time, one fifth or five Contracting Parties (taking into account the lower of these numbers) do not notify the Secretary-General that they object to the correction. At this point in time, the IMCO Maritime Safety Committee shall determine by a majority of two thirds of those present and voting, with a majority of two thirds of those present and voting Contracting Parties.
4. After the entry into force, any correction shall replace or amend any previous provision to which it relates for all Contracting Parties which have not objected to it; objections notified by one of the Contracting Parties shall not restrict the other Contracting Parties as regards the approval of containers covered by this Convention.
5. The Secretary-General of IMCO shall inform all Parties and members of IMCO of any request or communication relating to this Article and of the date of entry into force of any correction.
6. Where proposals to amend the Annexes have been discussed in the Committee on Safe Seas of IMCO but have not been adopted, any Contracting Party may request that a conference be convened to which the States referred to in Article VII shall be invited. In the event of the receipt of a report on the consent of at least one third of the Contracting Parties, the Secretary-General of IMCO shall convene such a conference to discuss the corrections proposed to the Annexes.
Termination of the Convention
1. Any Contracting Party may denounce this Convention by submitting the relevant document to the Secretary-General for safekeeping. This Decision shall enter into force on the date of transmission of the relevant document to the Secretary-General's custody.
2. The Contracting Party which has notified its objections to the implementation of the corrections in the Annexes may terminate this Convention and its Decision shall enter into force on the date of entry into force of such a correction.
Termination of the Convention
This Convention shall cease to apply if the number of Contracting Parties is less than five in any period of 12 consecutive months.
Dispute settlement
1. Any dispute between two or more Contracting Parties within the meaning of the interpretation or application of this Convention which cannot be resolved by negotiation or other means shall be referred, at the request of one Party, to an arbitration court composed as follows: each party to the dispute shall appoint an arbitrator and the two arbitrators shall appoint a third arbitrator, who shall then be chairman. If, three months after the date of transmission of the request, one participant cannot appoint an arbitrator or arbitrator to elect a President, any party may contact the Secretary-General of the IMCO with a request to appoint an arbitrator or an arbitrator.
2. The decision of the arbitration court, appointed in accordance with paragraph 1, shall be binding on the parties to the dispute.
3. The arbitration court itself sets procedural rules.
4. Decisions of the arbitration court concerning its procedural rules and the place of the sitting and any dispute pending by it shall be taken by a majority vote.
5. Any dispute which may arise between the parties to the dispute with regard to the interpretation and implementation of the decision may be referred by any party to the arbitration court which delivered the decision.
Reservations
1. Reservations to this Convention shall be permitted, with the exception of reservations relating to the provisions of Articles I.-VI, XIII. and this Article, and with the exception of reservations relating to the provisions contained in the Annexes, provided that such reservations are submitted in writing and at the time before their entry into the custody of the instrument of ratification, acceptance, approval or attachment and are confirmed by this document. The Secretary-General of IMCO shall send these reservations to all States referred to in Article VII.
2. Any reservation made in accordance with point 1:
(a) amend, in the context of this reservation, the provisions of this Convention to which it relates for the Contracting Parties which have raised it; and
(b) amend those provisions to the same extent for the other Contracting Parties in their relations with the Contracting Party which made the reservation.
3. Any Contracting Party which has made a reservation in accordance with paragraph 1 shall have the right to revoke it at any time by means of the transmission of the relevant note to the Secretary-General of IMCO.
Notification
In addition to the notifications and communications provided for in Articles IX, X. and XIV, the Secretary-General of the IMCO shall inform all States referred to in Article VII:
(a) the signature, ratification, acceptance, approval and connection referred to in Article VII;
(b) the date of entry into force of this Convention pursuant to Article VIII;
(c) the date of entry into force of the corrections to this Convention pursuant to Articles IX. and X;
(d) the denunciation of the Convention pursuant to Article XI;
(e) on the expiry of this Convention pursuant to Article XII.
Authentic texts
The original of this Convention, the English, Spanish, Chinese, Russian and French texts which have the same validity, shall be transmitted to the Secretary-General of the IMCO, who shall send appropriate certified copies to all States referred to in Article VII.
In order to confirm the above-mentioned signed authorised representatives, mandated by their governments, have signed this Convention.
In Geneva on the second December, a thousand nine hundred seventy-two.
Příloha I.
Annex I.
REQUIREMENTS FOR TESTING, SURVEILLANCE, APPROVAL AND MAINTENANCE OF CONTENERS
Chapter I.
- GENERAL RULES FOR ALL APPROVAL SYSTEMS
Rule 1.
KBK Approval Label
1. In each approved container, the KBK approval mark corresponding to the requirements contained in the Appendix to this Annex shall be affixed to a well-visible place where the least risk of damage is to be affixed to each approved container.
2. (a) The KBK approval mark shall contain at least the following information in English or French:
"Approval under KBK'
Approval country and approval number
Date of manufacture (month and year)
Identification number of container manufacturer or, in the case of existing containers (number not known), the number allocated by the Administration
Maximum gross operating weight (kilograms and English pounds)
Allowed stacking mass at 1,8 g (kilograms and English pounds)
Load in the design side rigidity test (kilograms and English pounds)
(b) The KBK approval mark shall leave a space available to indicate the values (coefficients) of the front and / or side wall strength according to paragraph 3 of Regulation 1 of tests 6 and 7, as described in Annex II. The approval mark KBK shall also leave an empty space for the date of the first and subsequent inspections (month and year) when their inclusion on the approval mark KBK is envisaged.
3. If the Administration considers that the new container complies with the safety conditions of this Convention and that the strength value (coefficient) of the front and / or side walls of this container is greater than or below the value prescribed in Annex II, this value shall be indicated on the KBK approval mark.
4. The KBK approval label shall not replace labels or other markings which may be required under other applicable rules.
Rule 2.
Maintenance
1. The container owner shall be responsible for keeping it safe.
2. The owner of the approved container shall carry out the container inspections or transmit them for inspection in accordance with the procedure prescribed or approved by the interested Contracting Party after a certain period of time corresponding to the operating conditions. The date (month and year) on which the new container must be inspected is shown on the KBK approval mark.
3. The date (month and year) in which the following container inspection is to be carried out shall be clearly indicated on or as close as possible to the container on the KBK approval plate, which has been accepted by the Contracting Party which has established or approved a container maintenance procedure, in a state which does not endanger safety.
4. The period between the date of manufacture and the date of the first inspection shall not exceed five years. Subsequent inspection of new containers and repeated inspection of existing containers shall be carried out until a period not exceeding 24 months. All inspections must determine if there are no defects in the container, creating a danger to human life.
5. In this rule, "interested Contracting Party" means a Contracting Party in whose territory the owner is either still living or has his registered office.
Chapter II.
- RULES FOR THE APPROVAL OF NEW CONTAINERS BY TYPE OF CONSTRUCTION
Rule 3.
Approval of new containers
For approval under safety conditions in accordance with this Convention, all new containers shall comply with the requirements set out in Annex II.
Rule four.
Approval by type of structure
In the case of containers which are the subject of an application for approval, the Administration shall assess the design and participate in the prototype tests to establish that the container complies with the requirements set out in Annex II. Conventions. In a positive case, the Administration shall notify the applicant in writing that the container complies with the requirements of this Convention and this notification authorises the manufacturer to attach the KBK approval label to all containers of a series of this design type.
Rule 5.
Provisions for approval by type of structure
1. In the case of mass production of containers according to the type of construction, the application for approval according to the type of construction, addressed to the Regulation, shall be supported by drawings and technical conditions of the container type to be approved and by any other data which the Administration may require.
2. The applicant shall indicate the identification marks to be assigned by the manufacturer of the container type to be applied for.
3. The application shall be accompanied by a declaration from the manufacturer undertaking:
(a) make available to the Administration any container of the relevant type of construction which the Administration would like to assess;
(b) inform the Administration of any change relating to the construction or technical conditions of the container and attach the KBK approval label only after having received the approval of the Administration of those amendments;
(c) attach the KBK approval plate only to containers of an approved type of construction and to no other type;
(d) keep a list of containers manufactured according to the approved type of construction.
This register shall include at least the manufacturer's identification numbers, the date of delivery and the names and addresses of the customers to whom the containers were delivered.
4. The approval may be granted by the Administration to containers which form a modified version of an approved type of construction if they consider that those modifications do not affect the results of the tests carried out for approval by type of construction.
5. The management shall not issue to the manufacturer an authorisation to issue KBK approval plates for production according to an approved design type unless it is satisfied that the manufacturer has established an internal control system in production which ensures that the containers manufactured by it conform to the approved prototype.
Rule six.
Inspection during production
In order to ensure that all containers of the same series are manufactured in accordance with an approved type of construction, the Administration shall check or test the number of containers it considers necessary at any stage of production of a series of containers of that type of construction.
Rule seven.
Notice addressed to the Board
The manufacturer shall inform the Administration accordingly before the start of the manufacture of any new series of containers which are manufactured in accordance with the approved design type.
Chapter III.
- RULES FOR INDIVIDUAL APPROVAL OF NEW CONTEDERS
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 62 / 1986 Coll., on the International Convention on the Safety of Containers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.10.1986 |
|---|---|
| Effective from | 06.09.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0