Convenţia vamală relativă la containere din 02.12.1972

ACT INTERNAŢIONAL

C O N V E N Ţ I A

vamală relativă la containere

Geneva, 2 decembrie 1972

 (în vigoare 11.04.2017) 

Monitorul Oficial al R. Moldova nr. 293-305 art. 616 din 09.09.2016

* * *

Notă: Ordinul MAE şi IE nr.1251-T-10 din 26.10.2017

Notă: Se aderă la Convenţie prin Legea nr.110 din 27.05.2016

Notă: Vezi varianta engleză a Convenţiei

Preambul

Părţile contractante,

din dorinţa de a dezvolta şi facilita transportarea internaţională a containerelor, au convenit asupra următoarelor:

Capitolul I

GENERALITĂŢI

Articolul 1

În sensul prezentei Convenţii:

(a) termenul "impozite şi taxe de import" semnifică impozitele clientului şi toate celelalte impozite, taxe, comisioane şi alte încasări colectate în legătură cu importarea bunurilor, dar la care nu se includ taxe şi încasări limitate la costurile aproximative a serviciilor prestate;

(b) termenul "admitere temporară" semnifică import temporar, supus reexportării, scutit de taxe şi impozite pe import şi scutit de interdicţii şi restricţii la import;

(c) termenul "container" semnifică un articol de echipament de transport, rezervor mobil sau altă structură similară:

(i) închis total sau parţial în vederea formării unui compartiment predestinat pentru depozitarea bunurilor;

(ii) având o natură rezistentă şi destul de puternic pentru a fi potrivit în depozitarea bunurilor;

(iii) proiectat în mod special pentru a facilita transportarea bunurilor, cu unul sau mai multe mijloace de transport, fără descărcare şi reîncărcare intermediară;

(iv) conceput pentru manevrare imediată, în special în momentul transferării dintr-un tip de transport către altul;

(v) proiectat de a fi uşor de umplut şi de golit;

(vi) cu un volum intern de un cub metric sau mai mult;

termenul "container" va include accesorii şi echipament a containerului, potrivit pentru tipul respectiv, cu condiţia ca aceste accesorii şi echipament sunt transportate cu containerul. Termenul "container" nu va include vehicule, accesorii sau piese de schimb ale vehiculelor, sau ambalaje;

(d) termenul "trafic intern" subînţelege transportarea bunurilor încărcate pe teritoriul unui stat şi descărcate undeva pe teritoriul aceluiaşi stat;

(e) termenul "persoană" semnifică atât persoanele fizice cât şi juridice;

(f) termenul "operator" a unui container, semnifică persoana care, indiferent dacă este sau nu proprietarul, i se va acorda drepturi depline de control;

Articolul 2

Cu scopul de a beneficia de facilităţile prevăzute în prezenta Convenţie, containerele vor fi marcate în modul preconizat în Anexa 1.

Capitolul II

ADMITEREA TEMPORARĂ

(a) Facilităţi ale admiterii temporare

Articolul 3

1. Sub rezerva condiţiilor incluse în articolele de la 4 la 9, fiecare parte contractantă va acorda admitere temporară la containere, indiferent dacă sunt încărcate cu bunuri sau nu.

2. Fiecare dintre Părţile contractante îşi rezervă dreptul de a nu acorda admitere temporară la containerele care au fost introduse în vânzare, vânzare în rate, închiriere sau în cadrul unui contract de aceeaşi natură, încheiat de către o persoană rezidentă sau stabilită pe teritoriul dat.

Articolul 4

1. Containerele pentru care au fost acordate admitere temporară vor fi reexportate în decurs de trei luni din data importării sale. Oricum, perioada poate fi prelungită de către autorităţile vamale competente.

2. Containerele pentru care au fost acordate admitere temporară vor fi reexportate prin intermediul unui oficiu vamal competent, chiar dacă oficiul dat diferă de cel cu admitere temporară.

Articolul 5

1. În pofida cerinţelor de reexportare, incluse în articolul 4, p.1, containerele grav avariate nu li se va solicita reexportarea, în conformitate cu reglementările ţării interesate şi dacă autorităţile vamale a ţării respective va autoriza acest lucru, în cazul în care containerele sunt:

(a) supuse taxelor şi impozitelor pe import necesare la momentul şi condiţiile prezentate;

(b) abandonate, scutite de toate cheltuielile de către autorităţile competente a ţării respective; sau

(c) distruse, prin supervizare oficială, în defavoarea părţilor interesate, oricare părţi sau materiale de recuperat, supuse taxelor şi impozitelor, necesare în momentul şi condiţiile când au fost prezentate.

2. În cazul unei confiscări, containerul căruia i s-a acordat admitere temporară nu va putea fi reexportat, iar cerinţele privind reexportarea, incluse în art.4, p. 1, vor fi suspendate pe toată durata confiscării.

(b) Procedurile de admitere temporară

Articolul 6

Fără a produce prejudiciu dispoziţiilor din art.7 şi 8, containerelor importate temporar în baza termenilor prezentei Convenţii li se vor acorda admitere temporară, fără crearea documentelor vamale, care sunt solicitate la importarea şi reexportarea acestora şi fără asigurarea unei forme de securitate.

Articolul 7

Fiecare parte contractantă este în drept să solicite ca admiterea temporară a containerelor să fie condiţionată de respectarea tuturor sau a unei părţi a dispoziţiilor acestei proceduri de acordare a admiterii temporare pentru containere, stabilite în Anexa 2.

Articolul 8

Fiecare parte contractantă va reţine dreptul, în cazul în care dispoziţiile articolului 6 nu pot fi aplicate, de a solicita asigurarea unei forme de securitate şi/sau crearea documentelor vamale privind importarea sau reexportarea containerului.

(d) Condiţii de utilizare a containerelor

Admitere temporară acordată

Articolul 9

1. Părţile contractante, vor permite containerelor, cărora li s-a acordat admitere temporară, în baza termenilor prezentei Convenţii să fie folosite pentru transportarea bunurilor, cu trafic intern, unde fiecare parte contractantă va deţine dreptul de a impune una sau mai multe condiţii, stabilite în Anexa 3.

2. Facilitatea prevăzută în p. 1 se va acorda fără prejudicierea reglementărilor în vigoare pe teritoriul fiecăreia dintre părţile contractante, cu privire la vehicule, fie bazându-se pe containere de transportat.

(d) Cazuri speciale

Articolul 10

1. Admiterea temporară va fi acordată părţilor componente preconizate să repare containerele supuse admiterii temporare.

2. Piesele înlocuite, care nu sunt reexportate, conform reglementărilor ţării interesate şi în cazul în care autorităţile vamale a ţării respective va autoriza aceasta, să fie:

(a) supuse impozitelor şi taxelor pe import, achitate în momentul şi condiţiile când au fost prezentate; sau

(e) abandonate, scutite de toate cheltuielile de către autorităţile competente a ţării respective; sau

(b) distruse, prin supervizare oficială, în defavoarea părţilor interesate.

3. Dispoziţiile articolelor 6, 7 şi 8 vor fi aplicate mutatis mutandis în vederea admiterii temporare a părţilor componente, unde se referă în p. 1.

Articolul 11

1. Părţile contractante sunt de acord să acorde admitere temporară accesoriilor şi echipamentului containerelor supuse admiterii temporare, care sunt, fie importate cu containerul în vederea reexportării în mod separat sau cu un alt container, sau importate separat în vederea reexportării cu containerul.

2. Dispoziţiile articolului 3, p. 2 şi articolele 4, 5, 6, 7 şi 8 vor fi aplicate mutatis mutandis accesoriilor şi echipamentului containerelor supuse admiterii temporare, menţionate în p. 1. Asemenea accesorii şi echipamente vor fi utilizate în traficul intern, în baza termenilor articolului 9, p. 1, atunci când sunt transportate cu un container în baza dispoziţiilor alineatului menţionat.

Capitolul III

APROBAREA CONTAINERELOR PENTRU

TRANSPORTARE ÎN BAZA SIGILIULUI VAMAL

Articolul 12

1. Pentru a se încadra pentru aprobarea transportării bunurilor, în baza sigiliului vamal, containerele ar trebui să se conformeze dispoziţiilor stabilite în Anexa 4.

2. Aprobarea se va oferi în baza uneia dintre proceduri stipulate în Anexa 5.

3. Containerele aprobate de către una dintre părţile contractante în vederea transportării bunurilor în baza sigiliului vamal vor fi acceptate de către cealaltă parte contractantă, pentru fiecare sistem internaţional de transportare care implică asemenea sigilare.

4. Fiecare dintre părţile contractante îşi rezervă dreptul de a refuza recunoaşterea validităţii aprobării containerelor care nu îndeplinesc condiţiile stipulate în Anexa 4. Cu toate acestea, părţile contractante vor evita întârzierea traficului în cazul în care defectele găsite sunt de importanţă minoră şi nu implică careva riscuri de contrabandă.

5. Înainte de a fi reutilizat pentru transportul de mărfuri sub sigiliu vamal, orice vehicul rutier sau container, care nu mai corespunde condiţiilor care au justificat agrearea sa, trebuie să fie repus în starea iniţială sau să facă obiectul unei noi agreări.

6. În cazul în care a existat careva defect în momentul în care containerul a fost aprobat, autorităţile competente responsabile pentru aprobare necesită să fie informaţi.

7. În cazul depistării containerelor aprobate pentru transportarea bunurilor, în baza sigiliului vamal, în conformitate cu procedurile descrise în Anexa 5, p. 1 (a) şi (b), nu corespund condiţiilor tehnice din Anexa 4, autoritatea care a conferit aprobarea va întreprinde paşii necesari în readucerea containerelor la condiţiile tehnice necesare sau în vederea retragerii aprobării.

Capitolul IV

NOTE EXPLICATIVE

Articolul 13

Notele explicative, stabilite în Anexa 6, interpretează câteva dispoziţii a prezentei Convenţii şi anexelor sale.

Capitolul V

DISPOZIŢII DIVERSE

Articolul 14

Prezenta Convenţie nu va preveni aplicarea unor facilităţi mai mari pe care părţile contractante le va garanta sau va dori să le garanteze prin intermediul unor dispoziţii unilaterale sau în virtutea unor acorduri bilaterale sau multilaterale, în măsura în care aceste reguli nu reduc facilităţile prevăzute prin prezenta Convenţie.

Articolul 15

Oricare contravenţie a dispoziţiilor prezentei Convenţii, şi fiece substituire, declaraţie falsă, sau acţiune care are ca efect de a provoca unei persoane sau a unui articol în mod abuziv pentru a beneficia din dispoziţiile prezentei Convenţii, va face contravenientul responsabil în ţara de unde a parvenit violarea penalităţilor descrise de către legile ţării respective.

Articolul 16

Părţile contractante îşi comunică reciproc, la cerere, informaţiile necesare pentru aplicarea dispoziţiilor prezentei Convenţii, în special cele privind agrearea vehiculelor rutiere sau containerelor, ca şi cele privind caracteristicile tehnice ale construcţiei lor.

Articolul 17

Anexele la prezenta Convenţie şi protocolul semnăturilor fac parte integrantă din convenţie.

Capitolul VI

CLAUZE FINALE

Articolul 18

Semnare, ratificare, acceptare, aprobare şi aderare

1. Prezenta Convenţie va fi deschisă spre semnare, de la 15 ianuarie 1973 la Oficiul Naţiunilor Unite de la Geneva şi subsecvent din 1 februarie 1973 până la 31 decembrie 1973 inclusiv, la sediul Naţiunilor Unite în New York de către membrii tuturor statelor Naţiunilor Unite sau oricare din agenţiile specializate sau Agenţia Internaţională pentru energie atomică sau părţile Statutului Curţii Internaţionale de Justiţie şi de către oricare alt stat, invitat de către Adunarea Generală a Naţiunilor Unite să devină parte a prezentei Convenţii.

2. Prezenta Convenţie este supusă ratificării, acceptării sau aprobării de către statele care au semnat această convenţie.

3. Prezenta Convenţie se va considera deschisă aderării a oricărui stat, după cum este specificat în p. 1.

4. Instrumente ale ratificării, acceptării, aprobării sau aderării vor fi depuse de către Secretarul General al Naţiunilor Unite.

Articolul 19

Intrarea în vigoare

(1) Prezenta Convenţie va intra în vigoare la nouă luni din data depunerii a celor cinci instrumente de ratificare, acceptare, aprobare sau aderare.

(2) Pentru fiecare stat care a ratificat, acceptat, aprobat sau aderat la prezenta Convenţie după depunerea instrumentelor de ratificare, acceptare, aprobare sau aderare, prezenta Convenţie intră in vigoare, după şase luni de la data depunerii de către asemenea stat a instrumentelor lor de ratificare, acceptare, aprobare sau aderare.

(3) Orice instrument de ratificare, acceptare, aprobare sau aderare depus după intrarea în vigoare a unui amendament la prezenta Convenţie va fi considerat ca aplicându-se textului modificat al prezentei Convenţii.

(4) Orice instrument de această natură depus după acceptarea unui amendament, dar înaintea intrării sale în vigoare, va fi considerat ca aplicându-se textului modificat al prezentei Convenţii la data intrării în vigoare a amendamentului.

Articolul 20

Încetarea operaţiunilor a Convenţiei vamale privind containerele

1. Până la intrarea în vigoare, prezenta Convenţie va înceta şi înlocui Convenţia vamală privind containerele, în relaţiile dintre părţile prezentei Convenţii, deschisă pentru semnare la Geneva, 18 mai 1956.

2. În pofida dispoziţiilor articolului 12, p. 1, 2 şi 4, containerele aprobate, în baza dispoziţiilor Convenţiei vamale privind containerele (1956) sau în conformitate cu acordurile care decurg din aceasta, încheiate în baza auspiciilor Naţiunilor Unite, vor fi acceptate de către fiece parte contractantă, cu condiţiile relevante în baza cărora au fost iniţial aprobate. Cu acest scop, certificatele de aprobare, eliberate în baza dispoziţiilor Convenţiei vamale privind containerele (1956) vor putea fi înlocuite cu o plăcuţă de aprobare, până la expirarea validităţii acestora.

Articolul 21

Proceduri de modificare a prezentei Convenţii, inclusiv ale anexelor acesteia

1. Fiecare parte contractantă este în drept să propună unul sau mai multe amendamente la prezenta Convenţie. Textul oricărui amendament propus va fi comunicat Consiliului vamal de cooperare, pe care îl va comunica tuturor părţilor contractante şi va informa Statele referitor la articolul 18, care nu sunt părţi contractante. Consiliul vamal de cooperare va convoca de asemenea un Comitet Administrativ, în conformitate cu regulile de procedură a Naţiunilor Unite.

2. Orice amendament propus, în conformitate cu alineatul precedent, sau pregătit pe parcursul întrunirii Comitetului, şi adoptat de către două treimi a majorităţii prezente la vot, în cadrul Comitetului, va fi ulterior comunicat Secretarului General al Naţiunilor Unite.

3. Secretarul General al Naţiunilor Unite va comunica amendamentul părţilor contractante pentru a fi ulterior aprobat şi Statelor incluse în articolul 18, care nu sunt părţi contractante.

4. Fiece amendament propus comunicat în conformitate cu alineatul anterior se va considera aprobat în cazul în care nici o parte contractantă nu a avut obiecţii în decursul a 12 luni, urmărind data comunicării al amendamentului propus de către Secretarul General al Naţiunilor Unite.

5. Secretarul General al Naţiunilor Unite va comunica cât mai urgent părţilor contractante şi Statelor incluse în art.18, care nu sunt părţi contractante dacă a apărut vreo obiecţie. În cazul în care obiecţii le apărute privind amendamentul propus au fost comunicate Secretarului General al Naţiunilor Unite, atunci amendamentul va fi considerat neaprobat şi neacceptat. Dacă nu au apărut asemenea obiecţii, comunicate Secretarului General al Naţiunilor Unite, amendamentul va intra în vigoare pentru toate părţile contractante în timp de trei luni după expirarea perioadei de 12 luni, la care se face referinţă în alineatul precedent, sau la o dată întârziată, stabilită de către Comitetul Administrativ, în momentul adoptării sale.

6. Fiece parte contractantă va putea, prin comunicare Secretarului General al Naţiunilor Unite, solicita convocarea unei conferinţe cu scopul revizuirii prezentei Convenţii. Secretarului General al Naţiunilor Unite va comunica tuturor părţilor contractante privind solicitarea, fiind convocată o conferinţă de revizuire dacă în decurs de patru luni, după data notificării de către Secretarul General al Naţiunilor Unite, nu mai puţin de o treime din părţile contractante va comunica Secretarului General referitor la acordul lor privind solicitarea. Asemenea conferinţă va fi convocată de asemenea de către Secretarul General al Naţiunilor Unite prin notificarea solicitării de către Comitetul Administrativ. Comitetul Administrativ va efectua asemenea solicitare dacă a fost acceptat de către marea majoritate a celor prezenţi la vot în cadrul Comitetului. În cazul convocării unei conferinţe, în conformitate cu prezentului alineat, Secretarul General al Naţiunilor Unite va invita toate statele, incluse în art.18.

Articolul 22

Proceduri speciale de modificare ale Anexelor 1, 4, 5 şi 6

1. Individual de procedurile de amendament, stabilite în art.21, anexa 4, 5 şi 6 va putea fi modificată, după cum este specificat în prezentul articol şi în conformitate cu regulile de procedură stabilite în Anexa 7.

2. Fiece parte contractantă va comunica amendamentele propuse Consiliului vamal de cooperare. Consiliul vamal de cooperare le va aduce la cunoştinţă părţilor contractante şi statelor, la care se fac referinţă în art.18, şi care nu sunt părţi contractante, convocând Comitetul Administrativ.

3. Fiece amendament propus, în conformitate cu alineatul anterior sau alcătuit pe parcursul întrunirii Comitetului, adoptat de o majoritate de două treimi a celor prezenţi la vot în cadrul Comitetului, va fi comunicat Secretarului General al Naţiunilor Unite.

4. Secretarul General al Naţiunilor Unite va comunica amendamentul părţilor contractante în vederea acceptării acestuia şi statelor , la care se fac referinţă în art.18, cu scopul informării acestora.

5. Amendamentul se va considera acceptat doar în cazul în care o cincime sau cinci dintre părţile contractante, dacă această cifră este mai mică, cu notificarea Secretarului General al Naţiunilor Unite în decurs de 12 luni din momentul în care amendamentul propus a fost comunicat de către Secretarul General al Naţiunilor Unite părţilor contractante, că aceştia resping propunerea. Un amendament propus, neacceptat, nu se va considera valid.

6. În cazul în care amendamentul este acceptat, va intra în vigoare pentru toate părţile contractante care nu au avut obiecţii la amendamentul propus, pe parcursul a trei luni după expirarea perioadei de 12 luni, la care se face referinţă în alineatul precedent, sau la o dată întârziată, stabilită de către Comitetul Administrativ, în momentul adoptării acestuia. În momentul adoptării amendamentului, Comitetul va asigura de asemenea rămânerea în vigoare a anexelor existente, pe o perioadă de tranzit, total sau parţial, concomitent cu asemenea amendament.

7. Secretarului General al Naţiunilor Unite va comunica data intrării în vigoare a amendamentului părţilor contractante, va informa statele la care se face referinţă în art.18, şi care nu sunt părţi contractante.

Articolul 23

Denunţarea

Orice parte contractantă poate denunţa prezenta Convenţie prin influenţarea depunerii unui document împreună cu Secretarul General al Naţiunilor Unite. Denunţarea va intra în vigoare după un an de când a fost aplicată pentru Secretarul General al Naţiunilor Unite.

Articolul 24

Încetarea

Prezenta Convenţie va înceta să intre în vigoare dacă numărul părţilor contractante este mai mic de cinci pentru o perioadă de douăsprezece luni consecutiv.

Articolul 25

Soluţionarea litigiilor

1. Orice litigiu dintre două sau mai multe părţi contractante privind interpretarea sau aplicarea prezentei Convenţii, care nu poate fi soluţionat prin intermediul negocierii sau alte mijloace de soluţionare, la cererea uneia dintre acestea, să fie soluţionat de către un tribunal arbitral compus astfel: fiecare parte la litigiu numeşte un arbitru, iar cei doi arbitri desemnaţi desemnează un al treilea arbitru, care va fi preşedinte. În cazul în care, timp de trei luni după ce a primit o cerere, una din părţi nu a desemnat arbitrul sau dacă arbitrii nu au putut alege un preşedinte, oricare dintre părţi poate cere Secretarului General al Organizaţiei Naţiunilor Unite să procedeze la numirea arbitrului sau a preşedintelui tribunalului arbitral.

2. Decizia tribunalului arbitral constituit conform dispoziţiilor de la alineatul 1 este obligatorie pentru părţile în litigiu.

3. Tribunalul arbitral îşi stabileşte regulamentul de procedură.

4. Deciziile tribunalului arbitral, precum şi procedurile sale şi locul întrunirii, precum oricare controversă depusă, vor fi adoptate cu majoritatea voturilor membrilor săi.

5. Orice controversă care ar putea să apară între părţile la litigiu cu privire la interpretarea şi executarea sentinţei arbitrale poate fi adusă de către una dintre părţi în faţa tribunalului arbitral care a dat sentinţa, pentru a fi judecată de acesta.

Articolul 26

Rezervări

1. Rezervări la prezenta Convenţie vor fi acceptate, cu excepţia celor ce se referă la dispoziţiile articolelor 1-8, 12-17, 20, 25 şi articolul dat, inclusiv cele ce se referă la dispoziţiile incluse în Anexe, cu condiţia ca asemenea rezervări sunt comunicate în scris, şi în caz că sunt comunicate până la depunerea actului de ratificare, acceptare, aprobare şi aderare sunt confirmate în actul dat. Secretarul General al Naţiunilor Unite va comunica asemenea rezervări tuturor statelor, ce se referă în articolul 18.

2. Orice rezervare efectuată în conformitate cu alineatul 1:

(a) modifică pentru partea contractantă care a făcut rezervarea dispoziţiilor prezentei Convenţii, la care rezervarea se referă, în măsura rezervării; şi

(b) modifică acele dispoziţii a aceleiaşi măsuri pentru altă parte contractantă, în relaţia sa cu partea contractantă, care a semnat rezervarea.

3. Orice parte contractantă care formulează o rezervă conform alineatului (1) al prezentului articol va putea, în orice moment, să ridice această rezervă printr-o notificare adresată Secretarului General al Organizaţiei Naţiunilor Unite.

Articolul 27

Notificare

În afara notificărilor şi comunicărilor prevăzute în articolele 21, 22 şi 23, Secretarul General al Organizaţiei Naţiunilor Unite va comunica tuturor statelor, menţionate la articolul 18, următoarele:

(a) semnările, ratificările, acceptările, aprobările şi aderările în temeiul articolului 18;

(b) datele de intrare în vigoare ale prezentei Convenţii conform articolului 19;

(c) datele de intrare în vigoare ale amendamentelor prezentei Convenţii, în conformitate cu articolele 21 şi 22;

(d) denunţări în baza articolului 23;

(e) finisarea prezentei Convenţii în baza articolului 24.

Articolul 28

Texte autentice

Originalul prezentei Convenţii, ale cărei texte în chineză, engleză, franceză, rusă şi spaniolă sunt autentice în mod egal, va fi depus la Secretarul General al Organizaţiei Naţiunilor Unite, care va transmite copii autentice tuturor statelor, care fac referinţă la articolul 18.

DREPT PENTRU CARE, subscrişii plenipotenţiari, fiind pe deplin autorizaţi de către guvernele sale respective, au semnat prezenta Convenţie.

ÎNCHEIATĂ la Geneva la doi decembrie în anul o mie nouă sute şaptezeci şi doi.

CUSTOMS CONVENTION ON CONTAINERS, 1972

Preamble

THE CONTRACTING PANTIES,

IESIRING to develop and facilitate international carriage by container,

HAVE AGEEED as follows:

Chapter I

GENERAL

Article 1

For the purposes of the present Convention;

(a) the term “import duties and taxes” shall mean Customs duties and all other duties, taxes, fees and other charges which are collected on, or in connexion with, the importation of goods, but not including fees and charges limited in amount to the approximate cost of services rendered;

(b) the term “temporary admission” shall mean temporary importation, subject to reexportation, free of import duties and taxes and free of import prohibitions and restrictions;

(c) the term “container” shall mean an article of transport equipment (lift-van, movable tank or other similar structure):

(i) fully or partially enclosed to constitute a compartment intended for containing goods;

(ii) of a permanent character and accordingly strong enough to be suitable for repeated use;

(iii) specially designed to facilitate the carriage of goods, by one or more modes of transport, without intermediate reloading;

(iv) designed for ready handling, particularly when being transferred from one mode of transport to another;

(v) designed to be easy to fill and to empty; and

(vi) having an internal volume of one cubic metre or more; the term “container” shall include the accessories and equipment of the container, appropriate for the type concerned, provided that such accessories and equipment are carried with the container. The term “container” shall not include vehicles, accessories or spare parts of vehicles, or packaging;

(d) the term “internal traffic” shall mean the carriage of goods loaded in the territory of a State for unloading at a place within the territory of the same State;

(e) the term “person” shall mean both natural and legal persons;

(f) the term “operator” of a container shall mean the person who, whether or not its owner, has effective control of its use.

Article 2

In order to benefit from the facilities provided for in the present Convention, containers shall be marked in the manner prescribed in Annex 1.

Chapter II

TEMPORAL ADMISSION

(a) Temporary admission facilities

Article 3

1. Subject to the conditions laid down in articles 4 to 9, each Contracting Party shall grant temporary admission to containers, whether loaded with goods or not.

2. Each Contracting Party reserves the right not to grant temporary admission to containers which have been the subject of purchase, hire-purchase, lease or a contract of a similar nature, concluded by a person resident or established in its territory.

Article 4

1. Containers granted temporary admission shall be reexported within three months from the date of importation. However, this period may be extended by the competent Customs authorities.

2. Containers granted temporary admission may be reexported through any competent Customs office, even if that office is different from the one of temporary admission.

Article 5

1. Notwithstanding the requirement of reexportation laid down in article 4, paragraph 1, seriously damaged containers shall not be required to be reexported provided that, in conformity with the regulations of the countr concerned and as the Customs authorities of that country may authorize, the containers are:

(a) subjected to the import duties and taxes to which they are liable at the time when, and in the condition in which, they are presented; or

(b) abandoned, free of all expense, to the competent authorities of that country; or

(c) destroyed, under official supervision, at the expense of the parties concerned, any parts or materials salvaged being subjected to the import duties and taxes to which they are liable at the time when, and in the condition in which,they are presented,

2. If, as a result of a seizure, a container granted temporary admission cannot be reexported, the requirement of reexportation laid down in article 4, paragraph 1, shall be suspended for the duration of the seizure.

(b) Temporary admission procedures

Article 6

Without prejudice to the provisions of articles 7 and 8, containers temporarily imported under the terms of the present Convention shall be granted temporary admission without the production of Customs documents being required on their importation and reexportation and without the furnishing of a form of security.

Article 7

Each Contracting Party may require that the temporary admission of containers be subject to compliance with all, or part of, the provisions of the procedure for temporary admission of containers, set out in Annex 2.

Article 8

Each Contracting Party shall retain the right, when the provisions of article 6 cannot be applied, to require the furnishing of a form of security and/or the production of Customs documents on the importation or reexportation of the container.

(c) Conditions of use of containers granted temporary admission

Article 9

1. Contracting Parties shall permit containers granted temporary admission under the terms of the present Convention.to be used for the carriage of goods in internal traffic, in which case each Contracting Party shall be entitled to impose one or more of the conditions set out in Annex 3.

2. The facility provided for in paragraph 1 shall be granted without prejudice to the regulations in force in the territory of each Contracting Party regarding vehicles either drawing or carrying containers.

(d) Special cases

Article 10

1. Temporary admission shall be granted to component parts intended for the repair of temporarily admitted containers.

2. Replaced parts not reexported shall, in conformity with the regulations of the country concerned and as the Customs authorities of that country may authorize, be:

(a) subjected to the import duties and taxes to which they are liable at the time when, and in the condition in which they are presented; or

(b) abandoned, free of all expense, to the competent authorities of that country; or

(c) destroyed, under official supervision, at the expense of the parties concerned.

3. The provisions of articles 6, 7 and 8 shall be applicable mutatis mutandis to temporary admission of component parts, referred to in paragraph 1.

Article 11

1. The Contracting Parties agree to grant temporary admission to accessories and equipment of temporarily admitted containers, which are either imported with a container to be reexported separately or with another container, or imported separately to be reexported with a container.

2. The provisions of article 3, paragraph 2, and articles 4, 5, 6, 7 and 8 shall be applicable mutatis mutandis to the temporary admission of accessories and equipment of containers, referred to in paragraph 1. Such accessories and equipment may be used in internal traffic under the terms of article 9, paragraph 1, when carried with a container covered by the provisions of the said paragraph.

Chapter III

APPROVAL OF CONTAINERS FOR TRANSPORT UNDER CUSTOMS SEAL

Article 12

1. To qualify for approval for transport of goods under Customs seal, containers shall comply with the provisions of the Regulations set out in Annex 4.

2. Approval shall be granted under one of the procedures laid down in Annex 5.

3. Containers approved by a Contracting Party for the transport of goods under Customs seal shall be accepted by the other Contracting Parties for any system of international carriage involving such sealing.

4. Each Contracting Party reserves the right to refuse to recognize the validity of the approval of containers which are found net to meet the conditions set forth in Annex 4. Nevertheless, Contracting Parties shall avoid delaying traffic when the defects found are of minor importance and do not involve any risk of smuggling.

5. Before it is used again for the transport of goods under Customs seal, any container, the approval of which is no longer recognized, shall be either restored to the condition which had Justified, its approval or presented for reapproval.

6. Where a defect appears to have existed when the container was approved, the competent authority responsible for that approval shall be informed.

7. If it is found that containers approved for the transport of goods under Customs seal in accordance with the procedures described in Annex 5, paragraph 1(a) and (b), do not in fact comply with the technical conditions of Annex 4, the authority which granted the approval shall take such steps as are necessary to bring the containers up to the required technical condition or to withdraw the approval.

Chapter IV

EXPLANATORY NOTES

Article 13

The explanatory notes set out in Annex 6 interpret some provisions of the present Convention and its Annexes.

Chapter V

MISCELLANEOUS PROVISIONS

Article 14

The present Convention shall not prevent the application of greater facilities which Contracting Parties grant or may wish to grant either by unilateral provisions or in virtue of bilateral or multilateral agreements provided that such facilities do not impede the application of the provisions of the present Convention.

Article 15

Any contravention of the provisions of the present Convention, and any substitution, false declaration, or act having the effect of causing a person or an article improperly to benefit from the provisions of the present Convention, may render the offender liable, in the country where the offence was committed, to the penalties prescribed by the laws of that country.

Article 16

The Contracting Parties shall communicate to one another, on request, the information necessary-for implementing the provisions of the present-Convention, and more particularly information relating to the approval of containers and to the technical characteristics of their design.

Article 17

The Annexes to the present Convention and the Protocol of Signature form an integral part of the Convention.

Chapter VI

FINAL CLAUSES

Article 18

Signature, ratification, acceptance, approval and accession

1. The present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the United Nations at New York by all States Members of the United Nations or of any of the specialized agencies or of the International Atomic Energy Agency or parties to the Statute of the International Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.

2. The present Convention is subject to ratification, acceptance or approval by States which have signed it.

3. The present Convention shall remain open for accession by any State referred to in paragraph 1.

4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations.

Article 19

Entry into force

1. The present Convention shall enter into force nine months from the date of the deposit of the fifth instrument of ratification, acceptance, approval or accession.

2. For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the fifth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force six months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.

3. Any instrument of ratification, acceptance, approval or accession deposited after the entry into force of an amendment to the present Convention shall be deemed to apply to the Convention as amended.

4. Any such instrument deposited after an amendment has been accepted, but before it has entered into force shall be deemed to apply to the Convention as amended on the date when the amendment enters into force.

Article 20

Termination of the operation of the Customs Convention on Containers (1956)

1. Upon its entry into force, the present Convention shall terminate and replace, in relations between the Parties to the present Convention, the Customs Convention on Containers, opened for signature at Geneva on 18 May 1956.

2. Notwithstanding the provisions of article 12, paragraphs 1, 2 and 4, containers approved under the provisions of the Customs Convention on Containers (1956) or under the agreements arising therefrom concluded under the auspices of the United Nations, shall be accepted by any Contracting Party for the transport of goods under Customs seal, provided that they continue to comply with the relevant conditions under which they were originally approved. For this purpose certificates of approval issued under the provisions of the Customs Convention on Containers (1956) could be replaced by an approval plate prior to the expiry of their validity.

Article 21

Procedures for amending the present Convention including its Annexes

1. Any Contracting Party may propose one or more amendments to the present Convention. The text of any proposed amendment shall be notified to the Customs Co-operation Council which shall communicate it to all Contracting Parties and inform the States referred to in article 18 which are not Contracting Parties. The Customs Co-operation Council shall also, in accordance with the rules of procedure set out in Annex 7, convene an Administrative Committee.

2. Any amendment proposed in accordance with the preceding paragraph, or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

3. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

4. Any proposed amendment communicated in accordance with the preceding paragraph shall be deemed to be accepted if no Contracting Party expressed an objection within a period of 12 months following the date of communication of the proposed amendment by the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall, as soon as possible, notify all Contracting Parties and the States referred to in article 18 which are not Contracting Parties whether an objection to the proposed amendment has been expressed. If an objection to the proposed amendment has been communicated to the Secretary-General of the United Nations the amendment shall be deemed not to have been accepted and shall be of no effect whatever. If no such objection has been communicated 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 period of 12 months referred to in the preceding paragraph, or on such later date as may have been determined by the Administrative Committee at the time of its adoption.

6. Any Contracting Party may, by notification to the Secretary-General of the United Nations, request that a conference be convened for the purpose of reviewing the present Convention. The Secretary-General of the United Nations shall notify all Contracting Parties of the request and a revision conference shall be convened by the Secretary-General of the United Nations if, within a period of four months following the date of notification by the Secretary-General of the United Nations, not less than one-third of the Contracting Parties notify him of their concurrence with the request. Such conference shall also be convened by the Secretary-General of the United Nations upon notification of a request by the Administrative Committee. The Administrative Committee shall make such a request if agreed to by a majority of those present and voting in the Committee. If a conference is convened in accordance with this paragraph, the Secretary-General of the United Nations shall invite to it all States referred to in article 18.

Article 22

Special procedure for amending Annexes 1, 4, 5 and 6

1. Independently of the amendment procedures set out in article 21, Annexes 1, 4, 5 and 6 may be amended as provided for in this article and in accordance with the rules of procedure set out in Annex 7.

2. Any Contracting Party shall communicate proposed amendments to the Customs Co-operation Council. The Customs Co-operation Council shall bring them to the attention of the Contracting Parties and of the States referred to in article 18 which are not Contracting Parties, and shall convene the Administrative Committee.

3. Any amendment proposed in accordance with the preceding paragraph or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

4. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

5. The amendment shall be deemed to have been accepted unless one-fifth or five of the Contracting Parties, whichever number is less, have notified the Secretary-General of the United Nations, within a period of 12 months from the date on which the proposed amendment has been communicated by the Secretary-General of the United Nations to the Contracting Parties, that they object to the proposal. A proposed amendment which is not accepted shall be of no effect whatever.

6. If an amendment is accepted, it shall enter into force, for all Contracting Parties which did not object to the proposed amendment, three months after the expiry of the period of twelve months referred to in the preceding paragraph, or on such later date as may have been determined by the Administrative Committee at the time of its adoption. At the time of adoption of an amendment, the Committee may also provide that, during a transitional period, the existing Annexes shall remain in force, wholly or in part, concurrently with such amendment.

7. The Secretary-General of the United Nations shall notify the date of the entry into force of the amendment to the Contracting Parties and inform the States referred to in article 18 which are not Contracting Parties.

Article 23

Denunciation

Any Contracting Party may denounce the present Convention by effecting the deposit of an instrument with the Secretary-General of the United Nations. The denunciation shall take effect one year from the date of such deposit with the Secretary-General of the United Nations.

Article 24

Termination

The present Convention shall cease to be in force if the number of Contracting Parties is less than five for any period of twelve consecutive months.

Article 25

Settlement of disputes

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to the dispute shall appoint an arbitrator and these two arbitrators shall appoint a third arbitrator, who shall be Chairman. If three months after receipt of a request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the chairman, any of the parties may request the Secretary-General of the United Nations to appoint an arbitrator or the chairman of the arbitration tribunal.

2. The decision of the arbitration tribunal established under the provisions of paragraph 1 shall, be binding on the parties to the dispute.

3. The arbitration tribunal shall determine its own rules of procedure.

4. Decisions of the arbitration tribunal, both as to its procedure and its place of meeting and as to any controversy laid before it, shall be taken by majority vote.

5. Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the parties for judgement to the arbitration tribunal which made the award.

Article 26

Reservations

1. Reservations to the present Convention shall be permitted, excepting those relating to the provisions of articles 1-8, 12-17, 20, 25 and of the present article, and those relating to the provisions contained in the Annexes, on condition that such reservations are communicated in writing and, if communicated “before the deposit of the instrument of ratification, acceptance, approval or accession, are confirmed in that instrument. The Secretary-General of the United Nations shall communicate such reservations to all States referred to in article 18.

2. Any reservation made in accordance with paragraph 1:

(a) modifies for the Contracting Party which made the reservation the provisions of the present Convention to which the reservation relates, to the extent of the reservation; and

(b) modifies those provisions to the same extent for the other Contracting Parties in their relations with the Contracting Party which entered the reservation.

3. Any Contracting Party which has communicated a reservation under paragraph 1 may withdraw it at any time by notification to the Secretary-General of the United Nations.

Article 27

Notification

In addition to the notifications and communications provided for in articles 21, 22 and 26, the Secretary-General of the United Nations shall notify all the States referred to in article 18 of the following:

(a) signatures, ratifications, acceptances, approvals and accessions under article 18;

(b) the dates or entry into force of the present Convention in accordance with article 19;

(c) the date of entry into force of amendments to the present Convention in accordance with articles 21 and 22;

(d) denunciations under article 23;

(e) the termination of the present Convention under article 24.

Article 28

Authentic texts

The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall communicate certified true copies to all States referred to in article 18.

IN WITNESS WHERBOP the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

DONE at Geneva this second day of December one thousand nine hundred and seventy-two.

Annex 1

PROVISIONS CONCERNING THE MARKING OF CONTAINERS

1. The following information shall be durably marked in an appropriate and clearly visible place on containers;

(a) the identification of the owner or principal operator;

(b) the identification marks and numbers of the container, given by the owner or operator; and

(c) the tare weight of the container, including all its permanently fixed equipment.

2. The country to which the container belongs may be shown either in full or by the distinguishing sign used to indicate the country of registration of motor vehicles in international road traffic. Each country may subject the use of its name or distinguishing sign on the container to its national legislation. The identity of the owner or operator may be shown either by his full name or his initials, provided the latter constitute an established identification, symbols such as emblems or flags being excluded.

3. Containers approved for transport under Customs seal shall, in addition, bear the following details which shall also be put on the approval plate in accordance with the provisions of Annex 5:

(a) the manufacturer′s serial number (manufacturer′s number); and

(b) if they have been approved by design type, the identification numbers or letters of the type.

Annex 2

TEMPORARY ADMISSION PROCEDURE UNDER

ARTICLE7 OF THE PRESENT CONVENTION

1. For the purpose of applying the provisions of article 7 of the present Convention, each Contracting Party shall use, for checking movements of containers granted temporary admission, the records kept by the owners or operators or their representatives.

2. The following provisions shall be applied:

(a) the owner or operator of the containers will be represented in the country in which the containers are to be granted temporary admission;

(b) the owner or operator or the representative of either will undertake in writing:

(i) to supply to the Customs authorities of the said country, at their request, detailed information concerning the movements of each container granted temporary admission including the dates and places of entry into and exit from of the said country;

(ii) to pay such import duties and taxes as may be required in cases where the conditions of temporary admission have not been fulfilled.

Annex 3

USE OF CONTAINERS IN INTERNAL TRAFFIC

Each Contracting Party shall be entitled to impose the following conditions on the use, within its territory, as provided for in article 9 of the present Convention, of containers in internal traffic:

(a) the journey shall bring the container by a reasonably direct route to, or nearer to, the place where export cargo is to be loaded or from where the container is to be exported empty;

(b) the container will be used only once in internal traffic before being reexported.

Annex 4

REGULATIONS ON TECHNICAL CONDITIONS APPLICABLE

TO CONTAINERS WHICH MAY BE ACCEPTED FOR INTERNATIONAL

 TRANSPORT UNDER CUSTOMS SEAL

Article 1

Basic principles

Approval for the international transport of goods under Customs seal may be granted only to containers constructed and equipped in such a manner that:

(a) no goods can be removed from, or introduced into, the sealed part of the container without leaving visible traces of tampering or without breaking the Customs seal;

(b) Customs seals can be simply and effectively affixed to them;

(c) they contain no concealed spaces where goods may be hidden;

(d) all spaces capable of holding goods are readily accessible for Customs inspection.

Article 2

Structure of containers

1. To meet the requirements of article 1 of these Regulations:

(a) the constituent parts of the container (sides, floor, doors, roof, uprights, frames, cross-pieces, etc.) shall be assembled either by means of devices which cannot be removed and replaced from the outside without leaving visible traces or by such methods as will produce a structure which cannot be modified without leaving visible traces. When the sides, floor, doors and roof are made up of various components, these shall meet the same requirements and be of sufficient strength;

(b) doors and all other closing systems (including stopcocks, manhole-covers, flanges, etc.) shall be fitted with a device on which Customs seals can be fixed. This device must be such that it cannot be removed and replaced from outside the container without leaving visible traces, or the door or fastening be opened without breaking the Customs seals. The latter shall be adequately protected. Opening roofs shall be permitted;

(c) apertures for ventilation and drainage shall be provided with a device preventing access to the interior of the container. This device must be such that it cannot be removed and replaced from outside the container without leaving visible traces,

2. Notwithstanding the provisions of article 1 (c) of these Regulations, constituent parts of the container which, for practical reasons, have to include empty spaces (for example, between the partitions of a double wall) shall be permitted. In order that the said spaces cannot be used to conceal goods:

(i) it shall not be possible to remove and replace the lining inside the container without leaving visible traces; or

(ii) the number of the said spaces shall be kept to a minimum and these spaces shall be readily accessible for Customs inspection.

Article 3

Containers capable of being folded or dismantled

Containers capable of being folded or dismantled shall be subject to the provisions of articles 1 and 2 of these Regulations; in addition, they shall be fitted with′a bolting system which locks the various parts together once the container has been erected. This bolting system must be capable of being sealed by the Customs if it is on the outside of the container when the latter has been erected.

Article 4

Sheeted containers

1. Where applicable, the provisions of articles 1, 2 and 3 of these Regulations shall apply to sheeted containers. In addition, these containers shall conform to the provisions of this article.

2. The sheet shall be either of strong canvas or of plastic-covered or rubberized cloth, which shall be of sufficient strength and unstretchable.

It shall be in good condition and made up in such a way that one the closing device has been secured, it is impossible to gain access to the load without leaving visible traces.

3. If the sheet is made up of several pieces, their edges shall be folded into one another and sewn together with two seams at least 15 mm apart. These seams shall be made as shown in sketch No. 1 appended to these Regulations; however, where in the case of certain parts of the sheet (such as flaps at the rear and reinforced comers) it is not possible to assemble the pieces in that way, it shall be sufficient to fold the edge of the top section and make the seams as shown in sketch No. 2 appended to these Regulations. Che of the seams shall be visible only from the inside and the colour of the thread used for that seam shall be clearly different from the colour of the sheet itself and from the colour of the thread used for the other seam. All seams shall be machine-sewn.

4. If the sheet is of plastic-covered cloth, and is made up of several pieces, the pieces may alternatively be welded together in the manner shown in sketch No. 3 appended to these Regulations. The edges of the pieces shall overlap by at least 15 mm. The pieces shall be fused together over the whole width of the overlap. The edge of the outer sheet shall be covered with a band of plastic material at least 7 mm wide, affixed by the same welding process. The plastic band and a width of at least 3 mm on each side shall have a well-marked uniform relief stamped on it. The pieces shall be welded in such a way that they cannot be separated and rejoined without leaving visible traces.

5. Repairs shall be made in accordance with the method described in sketch No. 4 appended to these Regulations; the edges shall be folded into one another and sewn together with two visible seams at least 15 mm apart; the colour of the thread visible from the inside shall be different from that of the thread visible from the outside and from that of the sheet itself; all seams shall be machine-sewn. When a sheet which has been damaged near the edges is repaired by replacing the damaged part by a patch, the seam can also be made in accordance with the provisions of paragraph 3 of this article and sketch No. 1 appended to these Regulations. Sheets of plastic-covered cloth may alternatively be repaired in accordance with the method described in paragraph 4 of this article, but in that case the weld must be made on both sides of the sheet, the patch being fitted on the inside of the sheet.

6. (a) The sheet shall be fixed to the container in strict compliance with the conditions set forth in article 1 (a) and (b) of these Regulations.

The following types of fastening shall be provided:

(i) metal rings fixed to the container;

(ii) eyelets in the edge of the sheet;

(iii) a fastening passing through the rings above the sheet and visible from the outside for its entire length.

The sheet shall overlap solid parts of the container by at least 250 mm, measured from the centre of the securing rings, unless the system of construction of the container by itself prevents all access to the goods.

(b) When the edge of a sheet is to be permanently secured to a container, the joint shall be continuous and effected by means of solid devices.

7. The interval between rings and between eyelets shall not exceed 200 mm. The eyelets shall be reinforced.

8. The following fastenings shall be used:

(a) steel wire rope of at least 3 mm diameter; or

(b) a rope of hemp or sisal of at least 8 mm diameter encased in a transparent unstretchable plastic sheath.

Wire ropes may have a transparent unstretchable plastic sheath.

9. Each rope shall be in one piece and have a bard metal end-piece at each end. The fastener of each metal end-piece shall include a hollow rivet passing through the rope so as to allow the introduction of the thread or the strap of the Customs seal. The rope shall remain visible on either side of the hollow rivet so that it is possible to ensure that the rope is in one piece (see sketch No. 5 appended to these Regulations).

10. At the openings in the sheet, used for loading and unloading, the two edges of the sheet shall have an adequate overlap. They shall also be fastened by:

(a) a flap sewn or welded in accordance with paragraphs 3 and 4 of this article;

(b) rings and eyelets meeting the conditions or paragraph 7 of this article; and

(c) a thong made of appropriate material, in one piece and unstretchable, at least 20 mm wide and 3 mm thick, passing through the rings and holding together the two edges of the sheet and the flap; the thong shall be secured inside the sheet and fitted with an eyelet to take the rope mentioned in paragraph 8 of this article.

A flap shall not be required if a special device, such as a baffle plate, is fitted, which prevents access to the goods without leaving visible traces.

11. The identification marks, which must appear on the container in accordance with Annex 1, and the approval plate provided for in Annex 5, shall in no circumstances be covered by the sheet.

Article 5

Transitional provisions

Until 1 January 1977, end-pieces shall be allowed which conform to sketch No. 5 appended to these Regulations, even if they include hollow rivets of a type previously accepted with holes of dimensions less than those given in the sketch.

Annex 4 - Sketch No.l

SHEETS MADE OF SEVERAL PIECES

Sewn together "by means of seams

Annex 4 - Sketch No.2

SHEETS MADE OF SEVERAL PIECES

                       Corner seam

Annex 4 - Sketch No. 3

SHEETS MADE OF SEVERAL PIECES

Annex 4 - Sketch No.4

REPAIR OF THE SHEET

Annex 5

PROCEDURES FOR THE APPROVAL OF CONTAINERS

COMPLYING WITH THE TECHNICAL CONDITIONS

PRESCRIBED IN ANNEX 4

General

1. Containers may be approved for the transport of goods under Customs seal either:

(a) at the manufacturing stage, by design type (procedure for approval at the manufacturing stage); or

(b) at a stage subsequent to manufacture, either individually or in respect of a specified number of containers of the same type (procedure for approval at a stage subsequent to manufacture).

Provisions common to both approval procedures

2. The competent authority responsible for granting approval shall issue to the applicant, after approval, a certificate of approval valid, as the case may be, either for an unlimited series of containers of the approved type or for a specified number of containers.

3. The beneficiary of approval shall affix an approval plate to the approved container or containers before their use for the transport of goods under Customs seal.

4. The approval plate shall be affixed permanently and in a clearly visible place adjacent to any other approval plate issued for official purposes.

5. The approval plate, conforming to model No. 1 reproduced in appendix 1 to this Annex, shall take the form of a metal plate measuring not less than 20 cm by 10 cm. The following particulars shall be stamped into or embossed on the plate or indicated on its surface in any other permanent and legible way, in at least the English or the French language:

(a) the words “Approved for transport under Customs seal”;

(b) an indication of the country in which approval was granted either by name or by means of the distinguishing sign used to indicate the country of registration of motor vehicles in international road traffic, and the number (figures, letters, etc.) of the certificate of approval and the year of approval (e.g. “NL/26/73” means “Netherlands,certificate of approval No. 26, issued in 1973”);

(c) the serial number assigned to the container by the manufacturer (manufacturer′s number);

(d) if the container has been approved by type, the identification numbers or letters of the type of container.

6. If a container no longer complies with the technical conditions prescribed for its approval, it shall, before it can be used for the transport of goods under Customs seal, be restored to the condition which had justified its approval, so as to comply again with the said technical conditions.

7. If the essential characteristics of a container are changed, the container shall cease to be covered by the approval and shall be reapproved by the competent authority before it can be used for the transport of goods under Customs seal.

Special provisions for approval by design type at the manufacturing stage

8. Where the containers are manufactured by type aeries, the manufacturer may apply to the competent authority of the country of manufacture for approval by design type.

9. The manufacturer shall state in his application the identification numbers or letters which he assigns to the type of container to which his application for approval relates.

10. The application shall be acoompanied by drawings and a detailed design specification of the container type to be approved,

11. The manufacturer shall give an undertaking in writing that he will:

(a) produce to the competent authority such containers of the type concerned as that authority may wish to examine;

(b) permit the competent authority to examine further units at any time during the production of the type series concerned;

(c) advise the competent authority of any change, of whatever magnitude, in the design or specification before proceeding with such change;

(d) mark the containers in a visible place with, in addition to the markings required on the approval plate, the identification numbers or letters of the design type and the serial number of the container in the type series (manufacturer′s number);

(e) keep a record of containers manufactured to the approved design type.

12. The competent authority shall state what changes, if any, must be made to the proposed design type so that approval may be granted.

13. No type-approval by design type shall be granted unless the competent authority has satisfied itself by examination of one or more containers manufactured to the design type concerned that containers of that type comply with the technical conditions prescribed in Annex 4.

14. When a container type is approved there shall be issued to the applicant a single certificate of approval conforming to model No. II reproduced in appendix 2 to this Annex and valid for all containers manufactured in conformity with the specifications of the type so approved. Such certificate shall entitle the manufacturer to affix to every container of the type series an approval plate in the form prescribed in paragraph 5 of this Annex.

Special provisions for approval at a stage subsequent to manufacture

15. If approval has not been applied for at the manufacturing stage, the owner, the operator, or the representative of either, may apply for approval to the competent authority to which he is able to produce the container or containers and for which he seeks approval.

16. An application for approval submitted under paragraph 15 of this Annex shall state the serial number (manufacturer′s number) placed on each container by the manufacturer.

17. When the competent authority has ascertained that the container or containers comply with the technical conditions prescribed in Annex 4, by examination of as many containers as it considers necessary, it shall issue a certificate or approval conforming to model No. Ill reproduced in appendix 3 to this Annex and valid solely for the number of containers approved. Such certificate, which shall bear the manufacturer′s serial number or numbers assigned to the container or containers to which it relates, shall entitle the applicant to affix to each container so approved the approval plate prescribed in paragraph 5 of this Annex.

Appendix 2 to Annex 5

MODEL NO. II

CUSTOMS CONVENTION ON CONTAINERS, 1972

Certificate of approval by design type

1. Certificate No_____________________________________________

2. This is to certify that the container design type described below has been

approved and that containers manufactured to this type can be accepted for the

transport of goods under Customs seal.

3. Kind of container___________________________________________ 

4. Identification number or letters of the design type _________________

5. Identification number of the working drawings_____________________ 

6. Identification number of the design specifications 

7. Tare weight _______________________________________________

8. External dimensions in centimetres______________________________

9. Essential characteristics of structure (nature of materials, kind of construction, etc.)

________________________________________________________________ 

10. This certificate is valid for all containers manufactured in conformity with the

drawings and specifications referred to above.

11. Issued to ________________________________________________

                                  (manufacturer's name and address)

who is authorized to affix an approval plate to each container of the approved design

type manufactured by him, at __________ on __________ 19__.

                                                     (place)                          (date)

by _____________________________________________________________

(signature and stamp of issuing service or organization)

(See notice overleaf)

______________________

* Insert the letters and figures, which are to be marked on the approval plate (see paragraph 5 (b) of Annex 5 to the Customs Convention on Containers, 1972).

IMPORTANT NOTICE

(Annex 5» paragraphs 6 and 7» to

the Customs Convention on Containers, 1972)

6. If a container no longer complies with the technical conditions prescribed for its approval, it shall, before it can be used for the transport of goods under Customs seal, be restored to the condition which had justified its approval, so as to comply again with the said technical conditions.

7. If the essential characteristics of a container are changed, the container shall cease to be covered by the approval and shall be reapproved by the competent authority before it can be used for the transport of goods under Customs seal.

Annex 6

EXPLANATORY NOTES

INTRODUCTION

(i) In accordance with the provisions of article 13 of the present Convention, the explanatory notes interpret some provisions of the present Convention and of its Annexes.

(ii) The explanatory notes do not modify the provisions of the present Convention or of its Annexes hut make their contents, meaning and scope more precise.

(iii) In particular, having regard to the principles laid down “by the provisions of article 12 of the present Convention and of Annex 4 thereto for the approval of containers for transport under Customs seal, the explanatory notes specify, where appropriate, the construction techniques to be accepted by the Contracting Parties as complying with those provisions. The explanatory notes may also specify which construction techniques, if any, do not comply with those provisions.

(iv) The explanatory notes provide a means of applying the provisions of the present Convention and of its Annexes according to the development of technology and economic requirements.

0. MAIN TEXT OP THE CONVENTION

0.1 Article 1

Sub-paragraph (c)(i) - Partially enolosed containers

0.1.(c)(i)-1 The term “partially enclosed”, as applied to equipment in article 1, sub-paragraph (c)(i), relates to equipment generally consisting of a floor and a superstructure marking off a loading space equivalent to that of a closed container. The superstructure is generally made up of metal members forming the frame of a container. Containers of this type may also comprise one or more lateral or frontal walls. In some cases there is only a roof attached to the floor by uprights. This type of container is used in particular for the carriage of bulky goods (motor cars, for example).

Sub-paragraph (d) - Accessories and equipment of the container

0.1.(c)-1 The term “accessories and equipment of the container” shall cover in particular the following devices, even if they are removable:

(a) equipment for controlling, modifying or maintaining the temperature inside the container;

(b) small appliances, such as temperature or impact recorders, designed to indicate or record variations in environmental conditions and impact;

(c) internal partitions, pallets, shelves, supports, hooks, and similar devices used for stowing goods.

4. ANNEX 4

4.2 Article 2

Sub-paragraph 1(a) - Assembly of constituent parts

4.2.1.(a)-1 (a) Where joining devices (rivets, screws, bolts and nuts etc) are used, a sufficient number of such devices shall be inserted from outside, traverse the assembled constituent parts, protrude inside and there be firmly secured (e.g. riveted, welded, bushed, bolted, and riveted or welded on the nut). However, conventional rivets (i.e. rivets whose placing requires handling from both sides of the assembly of constituent parts) may also be inserted from the inside. Notwithstanding the above, container floors may be secured by means of self-tapping screws, or self-drilling rivets or rivets inserted by means of an explosive charge, when placed from inside and passing at right angles through the floor and the metallic cross-pieces underneath, on condition, except in the case of self-tapping screws, that some of their ends be flush with the level of the outside part of the cross-piece or be welded on to it.

(b) The competent authority shall determine -what joining devices, and how many of them, must fulfil the requirements of sub-paragraph (a) of this note; they shall do so by making sure that the constituent parts so assembled cannot be displaced without leaving visible traces. The choice and placing of other joining devices are not subject to any restriction.

(c) Joining devices which can be removed and replaced from one side without leaving visible traces, i.e. without requiring handling from both sides of the constituent parts to be assembled, shall not be allowed under sub-paragraph (a) of this note. Examples of such devices are expansion rivets, blind rivets and the like;

(d) The assembly methods described above shall apply to special containers, for example to insulated containers, refrigerated containers and tank containers in so far as they are not incompatible with the technical requirements which such containers must fulfil having regard to their use. Where, due to technical reasons, it is not practicable to secure parts in the manner described in sub-paragraph (a) of this note, the constituent parts may be joined by means of the devices mentioned in subparagraph (c) of this note provided that the joining devices used on the inner face of the wall cannot be tampered with from the outside.

Sub-paragraph 1 (b) - Doors and other closing systems

4.2.1(b)-1

(a) The device on which Customs seals can be fixed must:

(i) be secured by welding, or by not less than two joining devices conforming to sub-paragraph (a) of explanatory note 4.2.1. (a)-1; or

(ii) be so designed that when the container has been closed and sealed the device cannot be removed without leaving visible traces; or

(iii) incorporate holes of not less than 11 mm in diameter or slots of at least 11 mm in length by 3 mm in width.

(b) Butt hinges, strap hinges, hings-pins and other devices for hanging doors and the like must be secured in conformity with the requirements of sub-paragraph (a) of this note. Moreover, the various components of such devices (e.g. hinge-plates, pins or swivels) must be so fitted that they cannot be removed or dismantled when the container is closed and sealed without leaving visible traces. However, where such a device is not accessible from outside, it will suffice if, when the door or the like has been closed and sealed, it cannot be detached from the device without leaving visible traces. Where a door or closure-device has more than two hinges, only those two hinges nearest to the extremities of the door need be fixed in conformity with the requirements of subparagraph (a)(i) above.

(c) Containers comprising a large number of such closures as valves, stopcocks, manhole covers, flanges and the like must be designed so as to keep the number of Customs seals to a minimum. To this end, neighbouring closures must be interconnected by a common device requiring only one Customs seal, or must be provided with a cover meeting the same purpose.

(d) Containers with opening roofs must be constructed in such a manner as to permit sealing with a minimum number of Customs seals.

Sub-paragraph 1(c) - Ventilation apertures

4.2.1.(c)-1 (a) Their greatest dimension must, in principle, not exceed 400 mm.

(b) Apertures permitting direct access to the goods must be obstructed by means of wire gauze or perforated metal screens (maximum dimension of holes: 3 mm in both cases) and protected by welded metal lattice work (maximum dimension of holes: 10 mm).

(c) Apertures not permitting direct access to the goods (e.g. because of elbow or baffle-plate systems) must be provided with the same devices, in which, however, the dimensions of the holes may be as much as 10 mm and 20 mm respectively.

(d) Where openings are made in sheets, the devices referred to in sub-paragraph (b) of this note must in principle be prescribed. However, blocking devices in the form of a perforated metal screen fitted outside, and wire or other gauze fitted inside, will be allowed.

Sub-paragraph 1(c) - Drainage apertures

4.2.1.(c)-2 (a) Their greatest dimension must, in principle, not exceed 35 mm.

(b) Apertures permitting direct access to the goods must be provided with the devices described in sub-paragraph (b) of explanatory note U.2.l(c)-1 for ventilation apertures.

(c) When drainage apertures do not permit direct access to the goods, the device referred to in sub-paragraph (b) of this note will not be prescribed, on condition that the apertures are provided with a reliable baffle system readily accessible from inside the container.

4.4 Article 4

Paragraph. 3 - Sheets made up of several pieces

4.4.3-1 (a) The several pieces constituting one sheet may be made of different materials conforming to the provisions of Annex 4, article 4, paragraph 2.

(b) Any arrangement of the pieces which adequately guarantees security will be allowed in making up the sheet, on condition that the pieces are assembled in conformity with the requirements of Annex 4, article 4,

Sub-paragraph 6(a)

4.4.6.(a)-1 Examples of a construction system for affixing container sheets and of a system of affixing sheets around containers corner-castings, acceptable from a Customs point of view, are given in sketches No.1, No.2 and No.3 appended to this Annex.

Paragraph 8 - Textile-cored fastening ropes

4.4.8-1 For the purposes of this paragraph, ropes comprising a textile core surrounded by six strands consisting solely of steel wire and completely covering the core will be allowed on condition that the ropes (without taking into account the transparent plastic sheath, if any) are not less than 3 mm in diameter.

Sub-paragraph 10(c) - Sheet thongs

4.4.10.(c)-1 The following materials are regarded as suitable for making thongs:

(a) leather;

(b) textile materials including plastic-proofed or rubberized cloth, provided that such materials cannot after severance be welded or reconstituted without leaving visible traces.

4.4.10.(c)-2 The device shown in sketch No.3 appended to this Annex meets the requirements of the last part of paragraph 10 of article 4 of Annex 4. It also meets the requirements of Annex 4, article 4, paragraph 6.

5. ANNEX 5

5.1 Paragraph 1 - Approval of a combination of sheeted containers

5.1-1 If two sheeted containers, approved for transport under

Customs seal have been joined together in such a way that they form one container, covered by a single sheet and fulfilling the conditions for transport under Customs seal, a separate certificate of approval, or approval plate, shall not be required for the combination.

Annex 6

Sketch No.l

CONSTRUCTION DEVICE FOR AFFIXIHG CONTAINER SHEETS

The device illustrated below meets the requirements of Annex 4, article 4, paragraph 6(a).

Annex 6

Sketch No.2

DEVICE FOR AFFIXING SHEETS AROUND CONTAINERS' CORNER-CASTINGS

The device illustrated below meets the requirements of Annex 4, article 4, paragraph 6(a).

Annex 6

Sketch No.3

FURTHER EXAMPLE OF A METHOD OF AFFIXING CONTAINER SHEETS

The device illustrated below meets the requirements of the last part of paragraph 10 of article 4 of Annex 4 It also meets the requirements of Annex 4, article 4, paragraph 6.

Annex 7

COMPOSITION AND RULES OF PROCEDURE

OF THE ADMINISTRATIVE COMMITTEE

Article 1

1. The Contracting Parties shall “be members of the Administrative Committee.

2. The Committee may decide that the competent administrations of States referred to in article 18 of the present Convention which are not Contracting Parties or representatives of international organizations may, for questions which interest them, attend the sessions of the Committee as observers.

Article 2

The Customs Co-operation Council shall provide the Committee with secretariat services.

Article 3

The Committee shall, at its first session each year, elect a chairman and a vice-chairman.

Article 4

The competent administrations of the Contracting Parties shall communicate to the Customs Co-operation Council proposed amendments to the present Convention and the reasons therefor, together with any requests for the inclusion of items on the agenda of the sessions of the Committee, The Customs Co-operation Council shall bring them to the attention of the competent administrations of the Contracting Parties and of the States referred to in article 18 of the present Convention which are not Contracting Parties.

Article 5

1. The Customs Co-operation Council shall convene the Committee at the request of the competent administrations of at least five Contracting Parties. It shall circulate the draft agenda to the competent administrations of the Contracting Parties and of the States referred to in article 18 of the present Convention which are not Contracting Parties at least six weeks before the Committee meets.

2. On the decision of the Committee, taken by virtue of the provisions of article 1, paragraph 2, of these rules, the Customs Co-operation Council shall invite the competent administrations of the States referred to in article 18 of the present Convention which are not Contracting Parties and the international organizations concerned to be represented by observers at the sessions of the Committee.

Article 6

Proposals shall be put to the vote. Each Contracting Party represented at the meeting shall have one vote. Proposals other than amendments to the present Convention shall be adopted by the Committee by a majority of those present and voting. Amendments to the present Convention, and decisions referred to in article 21, paragraph 5, and article 22, paragraph 6, of the present Convention regarding entry into force of amendments, shall be adopted by a two-thirds majority of those present and voting.

Article 7

Before the closure of its session, the Committee shall adopt a report.

Article 8

In the absence of relevant provisions in this Annex, the Rules of Procedure of the Customs Co-operation Council shall be applicable unless the Committee decides otherwise.

______________________

PROTOCOL OF SIGNATURE

At the time of signing the present Convention of this day′s date the undersigned, being duly authorized by their Governments, make the following declarations:

1. The addition, for the purpose of calculating import duties and taxes levied on importation, of the weight or value of containers granted temporary admission to the weight or value of the goods they contain, conflicts with the principle of the temporary admission of containers. The addition of a legally-determined tare-weight factor to the weight of goods conveyed in containers is permissible if it is made because of the absence of packaging or because of the nature of the packaging, and not because the goods are conveyed by container.

2. The terms of the present Convention shall not preclude the application of national provisions or of international agreements, not of a Customs nature, regulating the use of containers.

3. The one-cubic-metre limitation of the internal volume, provided for in article 1 of the present Convention, does not imply the application of more restrictive regulations to containers of a smaller volume, and the Contracting Parties shall endeavour to apply a temporary admission procedure to the latter similar to that which they apply to containers defined in the present Convention.

4. As far as the procedures for the temporary admission of containers provided for in articles 6, 7 and 8 of the present Convention are concerned, the Contracting Parties recognize that the abolition of all Customs documents and guarantees would enable them to achieve one of the main purposes of the present Convention, and they trill make every effort to attain this.

I hereby certify that the foregoing text is a true copy of the Customs Convention on Containers, 1972, done at Geneva on 2 December 1972, the original of which is deposited with the Secretary-General of the United Nations;

For the Secretary-General:

The Legal Coweel

United Nations, New York,

9 April 1974

Je certifie que le texte qui précède est une copie conforme de la Convention douanière relative aux conteneurs, 1972, faite à Geneve le 2 décembre 1972, dont l′original se trouve déposé auprés du Secrétaire général de l′Organisation des Nations Unies.

Pour le Secrétaire général:

Le Conseiller juridique

Organisation des Nations Unies, New York,

9 avril 1974

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.N.307. 1982.TREATIES-2 (Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972

ACCEPTANCE OF THE AMENDMENTS PROPOSED

BY THE CUSTOMS CO - OPERATION COUNCIL

TO ANNEXES 4 AND 6 OF THE CONVENTION

The Secretary-General of the United Nations, acting in his capacity as depositary, and referring to depositary notification C.N.358.1981.TREATIES-1 of 8 December 1981, communicates the following:

Within a period of 12 months from the date of the above-mentioned depositary notification no objection had been notified to the Secretary-General. Consequently, in accordance with the provisions of article 22 (5) of the Convention, the proposed amendments are deemed accepted and will enter into force for all Contracting Parties three months after the expiry of the said period of 12 months, that is to say, on 8 March I983.

7 January 19B3

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.N.358.1981.TREATIES-1 (Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972

AMENDMENTS PROPOSED BY THE CUSTOMS CO-OPERATION

COUNCIL TO ANNEXES 4 AND 6 TO THE CONVENTION

The Secretary-General of the United Nations, acting in his capacity as depositary of the Customs Convention on Containers, 1972, concluded at Geneva on 2 December 1972, communicates the following:

In a communication received by the Secretary-General on 12 November 1981, the Secretary-General of the Customs Co-operation Council, in accordance with paragraph 3 of article 22 of the above-mentioned Convention, has transmitted the text of certain amendments to annexes 4 and 6 of the Convention, to be communicated to the Contracting Parties for their acceptance, and to the other States referred to in article 18 for their information.

The said amendments were adopted by the Administrative Committee for the Customs Convention on Containers, 1972, at its first meeting held in Brussels from 11 to 13 May 1981.

The text of the proposed amendments - annex I to the Report of the first meeting of the Administrative Committee for the Convention (Customs Co-operation Council document 27.370), including appendices 1, 2 and 3, as well as annex II to the said Report (which contains no amendments but gives examples of Customs sealing devices which the Committee agreed were satisfactory for the purposes of the Convention) - in the English, French, Russian and Spanish languages is annexed herewith.

The Report itself has already been circulated by the Customs Co-operation Council.

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned

In this connexion, reference is made to the procedure for the amendment of annexes 1, 4, 5 and 6 to the Convention set forth in paragraphs 1 to 7 of article 22, which read as follows:

“1. Independently of the amendment procedure set out in article 21, Annexes 1, 4, 5 and 6 may be amended as provided for in this article and in accordance with the rules of procedure set out in Annex 7.

2. Any Contracting Party shall communicate proposed amendments to the Customs Co-operation Council. The Customs Co-operation Council shall bring them to the attention of the Contracting Parties and of the States referred to in article 18 which are not Contracting Parties, and shall convene the Administrative Committee.

3. Any amendment proposed in accordance with the preceding paragraph or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

4. The Secretary-General of the United Rations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

5. The amendment shall be deemed to have been accepted unless one-fifth or five of the Contracting Parties, whichever number is less, have notified the Secretary-General of the United Nations, within a period of 12 months from the date on which the proposed modification has “been communicated by the Secretary-General of the United Nations to the Contracting Parties, that they object to the proposal. An amendment which is not accepted shall be of no effect whatever.

6. If an amendment is accepted, it shall enter into force, for all Contracting Parties which did not object to the amendment, three months after the expiry of the period of twelve-months referred to in the preceding paragraph, or on such later date as may have been determined by the Committee at the time of its adoption. At the time of adoption of an amendment the Committee may.also provide that, during a transitional period, the existing Annexes shall remain in force, wholly or in part, concurrently with such amendment.

7. The Secretary-General of the United Nations shall notify the date of the entry into force of the amendment to the Contracting Parties and inform the States, referred to in article 18, which are not Contracting Parties.”

It will be noted that the Committee did not avail itself of the rights granted under article 22 (6) to determine a later date for the entry into force of the amendments.

8 december 1981

CORRESPONDENCE UNIT

112 MEMBER STATES plus 6 NON-MEMBERS

ENGLISH AND SPANISH

AFGHANISTAN

ANTIGUA AND BARBUDA

AUSTRALIA

AUSTRIA

BAHAMAS

BAHRAIN

BANGLADESH

BARBADOS

BELIZE

BHUTAN

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BOTSWANA

BURMA

BYELORUSSIAN SSR

CANADA

CHILE

CHINA

COLOMBIA

COSTA RICA

CUBA

CYPRUS

CZECHOSLOVAKIA

DEMOCRATIC YEMEN

DENMARK

DOMINICA

DOMINICAN REPUBLIC ECUADOR

EL SALVADOR ETHIOPIA

FIJI

FINLAND

GAMBIA

GERMAN DEMOCRATIC

REPUBLIC

GERMANY (FEDERAL

REPUBLIC OP)

GHANA

GREECE

GRENADA

GUATEMALA

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HONDURAS

HUNGARY

ICELAND

INDIA

INDONESIA

IRAQ

IRELAND

ISRAEL

JAMAICA

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MALAWI

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MOZAMBIQUE

NEPAL

NETHERLANDS

NEW ZEALAND

NICARAGUA

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NORWAY

OMAN

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PANAMA

PAPUA NEW GUINEA

PERU

PHILIPPINES

POLAND

PORTUGAL

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SAINT LUCIA

SAINT VINCENT AND

THE GRENADINES

SAMOA

SAUDI ARABIA

SEYCHELLES

SIERRA LEONE

SINGAPORE

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ISLANDS

SOMALIA

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SWEDEN′

SYRIAN ARAB REPUBLIC

THAILAND

TRINIDAD AND TOBAGO

TURKEY

UGANDA

UKRAINIAN SSR

UNION OF SOVIET SOCIALIST REPUBLICS

UNITED ARAB EMIRATES

UNITED KINGDOM

UNITED REPUBLIC OF TANZANIA

UNITED STATES OF AMERICA

VANUATU

VENEZUELA

YEMEN

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ZAMBIA

ZIMBABWE

NON-MEMBER STATES

DEMOCRATIC PEOPLE′S REPUBLIC OF

KOREA

KIRIBATI

NAURU

REPUBLIC OP KOREA

TONGA

TUVALU

ALSO SENT TO:

INFORMATION COPY SENT TO:

COPY SENT TO:

IMCO

    – 4 Information Centres

    – Juriste Principal, Palais des Nations, Geneva, Switzerland

    – UNCITRAL Law Library, Vienna International Centre,

    P.O. Box 500- A-1400 Vienna- Austria

    – Director, Transport Division, ECU, Geneva, Switzerland

    – Transport Branch, DC-726

    – Le Secrétaire général du Conseil de coopération douanière,

    40 rue Washington, Bruxelles, Belgique

No. 14449. CUSTOMS CONVENTION ON CONTAINERS, 1972.

CONCLUDED AT GENEVA ON 2 DECEMBER 1972¹

^{_____________________________}

ENTRY INTO FORCE of amendments to annexes 4 and 6 to the above-mentioned Convention

The amendments were proposed and circulated by the Secretary-General of the Customs Cooperation Council on 12November 1981. They came into force on 8 March 1983, in accordance with article 22 (5).

_______________________

¹ United Nations, Treaty Series, vol. 988, p. 43, and annex A in volumes 1021, 1025,1035,1046,1120, 1275 and 1301.

Amendments to annexes 4 and 6

of the Customs Convention on Containers, 1972

1. Annex 4, article 4, paragraph 3:

Amend the second sentence to read as follows:

“These seams shall be made as shown in sketch No, 1 appended to these Regulations; however, where in the case of certain parts of the sheet (such as flaps and reinforced corners) it is not possible to assemble the pieces in that way, it shall be sufficient to fold the edge of the top section and make the seams as shown in sketches Nos. 2 or 2 (a) appended to these Regulations.” Insert a new sketch No. 2 (a) in annex 4 (attached as appendix 1 to the present annex).

2. Annex 4, article 4, paragraph 5:

Amend the last sentence to read as follows:

“Sheets of plastic-covered cloth may alternatively be repaired in accordance with the method described in paragraph 4 of this article, but in that case the plastic band must be affixed to both sides of the sheet, the patch being fitted on the inside of the sheet.”

3. Annex 4, article 4, paragraph 7:

Replace the text of paragraph 7 by the following text:

“The intervals between the rings and the intervals between the eyelets shall not exceed 200 mm. The intervals may however be greater but shall not exceed 300 mm between rings and eyelets on either side of the upright if the construction of the container and the sheet is such as to prevent all access to the interior of the container. The eyelets shall be reinforced.”

4. Annex 6, explanatory note 4.2.1.(a)-1:

Amend the last sentence of subparagraph (a) to read as follows: “Notwithstanding the above, container floors may be secured by means of self-tapping screws, self-drilling rivets or rivets inserted by means of an explosive charge or pins inserted pneumatically, when placed from inside and passing at right-angles through the floor and the metallic cross-pieces underneath, on condition, except in the case of self-tapping screws, that some of their ends be flush with the level of the outside part of the cross-piece or be welded on to it.”

5. Annex 6, explanatory note 4.2.J.(b)-1:

Add a new subparagraph (c) to the explanatory note 4.2.1. (b)- as follows:

“Exceptionally, in the case of insulated containers only, the Customs sealing device, the hinges and any fittings, the removal of which would give access to the interior of the container or to spaces in which goods could be concealed, may be fixed to the doors of such containers by means of set bolts or set screws which are inserted from the outside but which do not otherwise meet the requirements of subparagraph (a) of the explanatory note to annex 4, article 2, paragraph 1 (a) on condition that: “(i) The tails of the set bolts or set screws are fixed into a tapping plate or similar device fitted behind the outer layer or layers of the door structure; and “(ii) The heads of an appropriate number of set bolts or set screws are so welded to the Customs sealing device, hinges, etc., that they are completely deformed and that the set bolts or set screws cannot be removed without leaving visible signs of tampering (see sketch No. 4 to this Annex). “The term′ insulated container′ is to be taken to include refrigerated and isothermic containers.”

The present subparagraphs (c) and (d) will become subparagraphs (d) and (e) respectively. Insert a new sketch No. 4 in annex 6 (attached as appendix 2 to the present annex).

6. Annex 6, explanatory note 4,2.1.(c)-1:

Add a new subparagraph (e) to the explanatory note 4.2.1. (c)-1 as follows:

“Identical non-metal devices may be allowed provided that the holes are of the requisite dimensions and the material used is strong enough to prevent the holes from being substantially enlarged without visible damage. In addition, it must be impossible to replace the ventilation device by working from one side of the sheet only.”

7. Annex 6:

Add a new explanatory note 4.4.6.(a)-2, as follows: “Subparagraph 6. (a) (i) –Sheeted containers with sliding rings

“4.4.6.(cr)-2. Metal securing rings sliding on metal bars fixed to the containers are acceptable for the purposes of this paragraph (see sketch No. 5 appended to this annex) provided that: “(a) The bars are affixed to the container at maximum spacings of 60 cm and in such a manner that they cannot be removed and replaced without leaving obvious traces; “(b) The rings are made with a double hoop or equipped with a central bar and made in one piece without the use of welding; and “(c) The sheet is fixed to the container in strict compliance with the conditions set forth in annex 4, article 1 (a) of this Convention.” Insert a new sketch No. 5 in annex 6 (attached as appendix 3 to the present annex).

8. Annex 6:

Add a new explanatory note 4.4.6.(b)-1, as follows: “Subparagraph 6. (b) – Permanently-secured sheets

“4.4.6. (b)-1. Where one or more edges of the sheet are permanently attached to the body of the container, the sheet shall be held in place by one or more strips of metal or other suitable material secured to the body of the container by joining devices meeting the requirements of subparagraph (a) of note 4.2.1.(a)-1 of this annex.”

9. Annex 6:

Add a new explanatory note 4.4.7-1, as follows:

“Paragraph 7 - Intervals between the rings and between the eyelets

“4.4.7-1. Intervals exceeding 200 mm but not exceeding 300 mm are acceptable over the uprights if the rings are recessed in the side boards and the eyelets are oval and so small that they can just pass over the rings.”

10. Annex 6:

Add a new explanatory note 4.4.10.(a)-1, as follows: “Subparagraph 70.(a) – Sheet-tensioning flaps

“4.4.10.(a)-1. The sheets of many containers are provided on the outside with a horizontal flap pierced by eyelets running along the length of the side of the container. Such flaps, known as tensioning flaps, are used to tauten the sheet by means of tensioning cords or similar devices. Such flaps have been used to conceal horizontal slits made in the sheets giving improper access to the goods carried in the container. It is therefore recommended that the use of flaps of this type should not be allowed. The following devices may be used instead:

“(a) Tensioning flaps of similar design fixed on the inside of the sheet; or “(b) Small individual flaps each pierced by one eyelet secured to the outside surface of the sheet and spaced at such distances as will permit an adequate tensioning of the sheet. “Alternatively, it may be possible in certain cases to avoid the use of tensioning flaps on sheets.”

11. Annex 6, explanatory note 4.4.10.(c)-1(b):

Replace the present text by the following:

“Non-tensile textile materials including plastic-covered or rubberised cloth, provided that such materials cannot after severance be welded or reconstituted without leaving obvious traces. Furthermore, the plastic material used to cover thongs shall be transparent and smooth-surfaced.”

Appendix 1

ANNEX 4-Sketch No. 2 (a)

Sheet made of several pieces sewn together

Appendix 2

ANNEX 6 - Sketch No. 4

Example of hdtoe and customs sealing device on doors of insulated containers

Appendix 3

ANNEX 6-Sketch No. 5

Sheeted containers with sliding rings

Examples of customs sealing devices

* N.B. The Customs sealing devices shown in sketches Nos. 3 and 4 may also be used for securing the doors of refrigerated and insulated containers and vehicles. Where so used, the sealing devices may be affixed by means of at least two set bolts or set screws fixed into a metal tapping plate inserted behind the outer layer of the door. In such cases the heads of the set bolts or set screws must be so welded that they are completely deformed.

Authentic texts: English, French, Russian and Spanish.

Registered ex officio on 8 March 1983.

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.N.154.1985.TREATIES-1(Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972

ACCEPTANCE OF THE AMENDMENTS

PROPOSED BY THE CUSTOMS CO-OPERATION COUNCIL

TO ANNEXES 1, 5, 6 AND 7 OF THE CONVENTION

The Secretary-General of the United Nations, acting in his capacity as depositary, and referring to depositary notification C.N. 128.1984, TREATIES-1 of 18 June 1984, communicates the following:

Within a period of 12 months from the date of the above-mentioned depositary notification no objection had been notified to the Secretary-General. Consequently, in accordance with the provisions of article 22 (5) of the Convention, the proposed amendments are deemed accepted and will enter into force for all Contracting Parties three months after the expiry of the said period of 12 months, that is to say, on 18 September 1985.

25 June 1985

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.N.128.1984.TREATIES-1 (Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972

AMENDMENTS PROPOSED BY THE CUSTOMS CO-OPERATION COUNCIL

TO ANNEXES 1, 5, 6 AND 7 OF THE CONVENTION

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:

In a communication received by the Secretary-General on 6 June 1984, the Secretary-General of the Customs Co-operation Council, in accordance with paragraphs 2 and 3 of article 21 and article 22 (3)(4) of the above-mentioned Convention, has transmitted the text of certain amendments to Annexes 1, 5, 6 and 7 of the Convention, to be communicated to the Contracting Parties for their acceptance, and to the other States referred to in article 18 for their information.

The said amendments were adopted by the Administrative Committee for the Customs Convention on Containers, 1972, at its second meeting held in Brussels from 13 to 15 February 1984.

With respect to annex 7, the amending procedure is set forth in paragraphs 1 to 5 of article 21, which reads as follows:

“1. Any Contracting Party may propose one or more amendments to the present Convention. The text of any proposed amendment shall be notified to the Customs Co-operation Council which shall communicate it to all Contracting Parties and inform the States referred to in article 18 which are not Contracting Parties. The Customs Co-operation Council shall also, in accordance with the rules of procedure set out in Annex 7, convene an Administrative Committee.

2. Any amendment proposed in accordance with the preceding paragraph, or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

3. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for theiacceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

4. Any proposed amendment communicated in accordance with the preceding paragraph shall be deemed to be accepted if no Contracting Party expressed an objection within a period of 12 months following the date of communication of the proposed amendment by the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall, as soon as possible, notify all Contracting Parties and the States referred to in article 18 which are not Contracting Parties whether an objection to the proposed amendment has been expressed. If an objection to the proposed amendment has been communicated to the Secretary-General of the United Nations the amendment shall be deemed not to have been accepted and shall be of no effect whatever. If no such objection has been communicated 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 period of 12 months referred to in the preceding paragraph, or on such later date as may have been determined by the Administrative Committee at the time of its adoption*”

As regards annexes 1, 5 and 6, the applicable procedure is set out in paragraphs 1 to 7 of article 22, which reads as follows:

“1. Independently of the amendment procedure set out in article 21, Annexes 1, 4, 5 and 6 may be amended as provided for in this article and in accordance with the rules of procedure set out in Annex 7.

2. Any Contracting Party shall communicate proposed amendments to the Customs Co-operation Council. The Customs Co-operation Council shall bring them to the attention of the Contracting Parties and of the States referred to in article 18 which are not Contracting Parties, and shall convene the Administrative Committee,

3. Any amendment proposed in accordance with the preceding paragraph or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

4. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

5. The amendment shall be deemed to have been accepted unless one-fifth or five of the Contracting Parties, whichever number is less, have notified the Secretary-General of the United Nations, within a period of 12 months f rom the date on which the proposed modification has been communicated by the Secretary-General of the United Nations to the Contracting Parties, that they object to the proposal. An amendment which is not accepted shall be of no effect whatever.

6. If an amendment is accepted, it shall enter into force, for all Contracting Parties which did not object to the amendment, three months after the expiry of the period of twelve months referred to in the preceding paragraph, or on such later date as may have been determined by the Committee at the time of its adoption. At the time of adoption of an amendment the Committee may also provide that, during a transitional period, the existing Annexes shall remain in force, wholly or in part, concurrently with such amendment.

7. The Secretary-General of the United Nations shall notify the date of the entry into force of the amendment to the Contracting Parties and inform the States, referred to in article 18, which are not Contracting Parties.”

It should be noted that the Committee did not avail itself of the rights granted under article 22 (6) of the Convention to determine a later date for the entry into force of the amendments.

Consequently, and in accordance with the above-mentioned articles 21 and 22, the amendments will be considered to have been accepted if no objection has been formulated by one of the Contracting Parties at the latest on 18 June 1985, and they will enter into force on 18 September 1985.

The texts of the proposed amendments in the English, French, Russian and Spanish languages are annexed herewith.

18 June 1984

C.N.128.1984.TREATIES-1(Annex)

Amendments to the Customs Convention on Containers, 1972 which were

adopted by the Administrative Committee for the Convention at its Second Meeting

I. Amendments to Annexes 1, 5 and 6 pursuant to Article 22

1. Annex 1, paragraph 2

For the present text of the first sentence of paragraph 2, substitute the following text:

“The country to which the container belongs may be shown either in full, or by means of the ISO alpha-2 country code provided for in International Standard ISO 3166, or by the distinguishing sign used to indicate the country of registration of motor vehicles in international road traffic.”

For the present text of the third sentence of paragraph 2, substitute the following text:

“The identity of the owner or operator may be shown either by his full name or an established identification, symbols such as emblems or flags being excluded.^M

2. Annex 5, paragraph 5 (b)

For the present text of paragraph 5 (b), substitute the following text:

“(b) an indication of the country in which approval was

granted either by name, or by means of the ISO alpha-2 country code provided for in International Standard ISO 3166, or by the distinguishing sign used to indicate the country of registration of motor vehicles in international road traffic,and the number (figures, letters, etc.) of the certificate of approval and the year of approval (e.g., “NL/26/73” means “Netherlands, certificate of approval tlo. 26, issued in 1973”);”.

3. Annex 6, Explanatory Note 4.2.1. (a) - 1 (a) (Joining devices)

In the fifth line of subparagraph (a), for the phrase “(e.g. riveted, welded, bushed, bolted, and riveted or welded on the nut)” substitute “(e.g. riveted, welded, bushed or bolted and swaged or welded on the nut)”.

4. Annex 6, Explanatory Note 4.2.1. (b) - 1 (a) (Sealing devices)

For the present text of subparagraphs (ii) and (iii), substitute the following text:

“(ii) be so designed that when the container has been closed and sealed the device cannot be removed without leaving visible traces.

It must also:

(iii) incorporate holes of not less than 11 mm in diameter or slots of at least 11 mm in length by 3 mm in width; and

(iv) afford equal security whatever type of seal is used,”.

5. Annex G, Explanatory Note 4,2.1. (b) - 1 (b) (Sealing devices)

In the third line of subparagraph (b), for the phrase “the requirements of subparagraph (a) of this note” substitute “the requirements of subparagraphs (a) (i) and ( ii) of this note”.

In addition, in the last line, for the phrase “the requirement of subparagraph (a) (i) above” substitute “the requirements of subparagraphs (a) (i) and (ii) above”.

6. Annex G, Explanatory Note 4.2.1. (c) - 1 (f) (Protective devices for ventilation apertures)

Add a new Explanatory Note 4.2.1. (c) - 1 (f) after 4.2.1. (c) - 1 (e)* to read as follows:

“(f) The ventilation aperture may be provided with a

protective device. This shall be secured to the sheet in such a way as to permit Customs inspection of the aperture. This protective device shall be secured to the sheet at a distance of not less than 5 cm from the screen of the ventilation aperture.”

7. Annex 6, Explanatory Note 4.4.6. (a) - 3 (Sheeted containers with′ swivel rings)

Add a new Explanatory Note 4.4.6. (a) - 3 after 4.4.6. (a) - 2** to read as follows:

“Subparagraph 6 (a) (i) - Sheeted containers with swivel rings

4.4.6. (a) - 3 Metal swivel rings, each of which rotates in a metal bracket fixed to the container are acceptable for the purpose of this paragraph (see sketch No. 6 appended to this Annex) provided that:

(a) each bracket is affixed to the container in such a manner that it cannot be removed and replaced without leaving obvious traces; and

(b) the spring under each bracket is completely enclosed by a bell-shaped metal cover.”

Insert a new sketch No. 6 reproduced hereunder in Annex 6.

8. Annex 6, Explanatory Llote 4.4.8. - 1 (Textile-cored fastening ropes).

For the phrase “surrounded by six strands” in the present text of Explanatory Note 4.4.8. - 1, substitute “surrounded by at least four strands”.

__________________________

* An Explanatory Llote 4.2.1. (c) - 1 (e) was adopted by the Administrative Committee at its First Meeting (see the Report of the Committee on its First Heeting, Annex I to Doc. 27.370)

^** An explanatory Uote 4.4.6. (a) - 2 was adopted by the Administrative Corrunittee at its First Meeting (see the Report of the Commiittee on its First Heeting, Annex I to Doc. 27.370)

ANNEX 6

Sketch No. 6

EXAMPLE OF A SWIVEL RING ("D" RING)

II. Amendement to Annex 7 pursuant to Article 21

Annex 7, Article 5

For the present text of the first sentence of Article 5 of Annex 7, substitute the following text :

“The Customs Co-operation Council shall convene the Committee at a time fixed by the Committee but not less frequently than once every two years and also at the request of the competent administrations of at least five Contracting Parties.”

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

REFERENCE: C.N.269.1985.TREATIES-2 (Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972

AMENDMENTS PROPOSED BY THE CUSTOMS

CO-OPERATION COUNCIL TO ARTICLE 18 AND TO ANNEXES 6 AND 7

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:

In a communication received by the Secretary-General on 9 August 1985, the Secretary-General of the Customs Co-operation Council, in accordance with paragraphs 2 and 3 of article 21 and article 22 (3) (4) of the above-mentioned Convention, has transmitted the text of amendments to Article 18, and to Annexes 6 and 7 of the Convention, to be communicated to the Contracting Parties for their acceptance, and to the other States referred to in article 18 for their information.

The said amendments were adopted by the Administrative Committee for the Customs Convention on Containers, 1972, at its third meeting held in Brussels from 6 to 8 May 1985.

With respect to Article 18 of the Convention and Annex 7, the amending procedure is set forth in paragraphs 1 to 5 of article 21, which reads as follows:

“1. Any Contracting Party may propose one or more amendments to the present Convention. The text of any proposed amendment shall be notified to the Customs Co-operation Council which shall communicate it to all Contracting Parties and inform the States referred to in article 18 which are not Contracting Parties. The Customs Co-operation Council shall also, in accordance with the rules of procedure set out in Annex 7, convene an Administrative Committee.

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned

2. Any amendment proposed in accordance with the preceding paragraph, or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

3. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

4. Any proposed amendment communicated in accordance with the preceding paragraph shall be deemed to be accepted if no Contracting Party expressed an objection within a period of 12 months following the date of communication of the proposed amendment by the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall, as soon as possible, notify all Contracting Parties and the States referred to in article 18 which are not Contracting Parties whether an objection to the proposed amendment has been expressed. If an objection to the proposed amendment has been communicated to the Secretary-General of the United Nations the amendment shall be deemed not to have been accepted and shall be of no effect whatever. If no such objection has been communicated 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 period of 12 months referred to in the preceding paragraph, or on such later date as may have been determined by theAdministrative Committee at the time of its adoption.

As regards annex 6, the applicable procedure is set out in paragraph 1 to 7 of article 22, which reads as follows:

1. Independently of the amendment procedures set out in article 21, Annexes 1, 4, 5 and 6 may be amended as provided for in this article and in accordance with the rules of procedure set out in Annex 7.

2. Any Contracting Party shall communicate proposed amendments to the Customs Co-operation Council. The Customs Co-operation Council shall bring them to the attention of the Contracting Parties and of the States referred to in article 18 which are not Contracting Parties, and shall convene the Administrative Committee.

3. Any amendment proposed in accordance with the preceding paragraph or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

4. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

5. The amendment shall be deemed to have been accepted unless one-fifth or five of Contracting Parties, whichever number is less, have notified the Secretary-General of the United Nations, within a period of 12 months from the data on which the proposed amendment has been communicated by the Secretary-General of the United Nations to the Contracting Parties, that they object to the proposal. A proposed amendment which is not accepted shall be of no effect whatever.

6. If an amendment is accepted, it shall enter into force, for all Contracting Parties which did not object to the proposed amendment, three months after the expiry of the period of twelve months referred to in the preceding paragraph, or on such later date as may have been determined by the Administrative Committee at the time of its adoption. At the time of adoption of an amendment, the Committee may also provide that, during a transitional period, the existing Annexes shall remain in force, wholly or in part, concurrently with such amendment.

7. The Secretary-General of the United Nations shall notify the date of the entry into force of the amendment to the Contracting Parties and inform the States referred to in article 18 which are not Contracting Parties.

It should be noted that the Committee did not choose to determine, under article 21, paragraph 5 of the Convention, a later date for the entry into force of the amendments to Article 18 and to Annex 7.

With respect to the amendments to Annex 6, however, and if they are deemed adopted, the Administrative Committee decided, pursuant to Article 22, paragraph 6 of the Convention, that they would enter into force on 1 January 1988.

The Committee further decided:

“- The provisions of Explanatory Note 1.1. shall be applied as of 1 January 1988 to containers being approved for the first time.

– A transitional period from 1 January 1988 to 1 January 1993 shall be granted during which time the marking on containers approved before 1 January 1988 but not meeting the provisions of Explanatory Note 1.1. can be brought into conformance.

– The provisions of Explanatory Note 1.1. shall, therefore, be applied as of 1 January 1993 to containers approved prior to 1 January 1988.”

The texts of the proposed amendments in the Chinese, English, French, Russian and Spanish languages are annexed herewith.

8 November 1985

C.N.269.1985.TREATIES-2 (Annex/Annexe)

Amendments to the Customs Convention on Containers, 1972

which were adopted by the Administrative Committee

for the Convention at Its Third Meeting

II. Amendments to Annex 6 pursuant to Article 22

Add a new Explanatory Note 1.1, as follows:

“1. Annex 1

1.1 Paragraph 1 - Use of plastic film for identification narks and numbers on containers

1.1-1 For identification marks and numbers on containers to be considered durably marked when plastic film is used, compliance with the following specifications is required:

(a) A high-quality adhesive shall be used. The film, once applied, shall have a tensile strength lower than its final adhesion to that removal on the film without destroying it is imposuible. Film produced by the cast method of production Meets these requirements. Film produced by the calender method of production shall not be used.

(b) When identification marks and numbers have to be changed, the film-to be replaced shall be removed completely prior to the affixing of the new film; placing of new film over an existing film shall not be permitted.

1.1-2 The specifications for the use of plastic film for marking containers set out in subparagraph 1.1-1 of this Explanatory Mute do not exclude the possibility of using other durable Marking methods.”

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.H.267.1986.TREATIES-2 (Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972

OBJECTIONS BY CANADA, THE REPUBLIC OF KOREA

AND THE UNITED STATES OF AMERICA TO THE AMENDMENTS PROPOSED

BY THE CUSTOMS CO-OPERATION COUNCIL TO ARTICLE 18 AND

TO ANNEXES 6 AND 7

ACCEPTANCE OF THE AMENDMENTS PROPOSED

BY THE CUSTOMS CO-OPERATION COUNCIL TO ANNEX 6

The Secretary-General of the United Nations, acting in his capacity as depositary, and referring to depositary notification C.N.269.1985.TREATIES-2 of 8 November 1985, relating to the amendments proposed by the Customs Co-operation Council to article 18, and to Annexes 6 and 7 of the Convention, communicates the following:

On 6 and 7 November 1986, the Secretary-General received from the Governments of the United States of America, Canada and of the Republic of Korea the following objections:

Objection by the United States of America to the amendments proposed to Article 18 and to Annexes 6 and 7 (received on 6 November 1986)

(Original: English)

“The United States supports the general objective of the amendments to Article 18 and Article 6 of Annex 7 to permit the accession of customs and economic unions to the Convention. However, as drafted, those amendments raise a number of issues concerning competency, voting and membership of component states of customs and economic unions which the United States believes need to be addressed. In addition, in the view of the United States, the amendment to Article 18 arguably would prejudice the rights of existing parties” to the Convention by failing clearly to state that the provisions of the Convention concerning temporary admission would apply to each component state of that customs or economic union and not to the organization as a whole. For these reasons, the United States objects to the proposed amendments. However, the United States is willing to work with other parties to the Convention to develop appropriate language for amendment which would permit the accession of customs and economic unions and at the same time meet the needs of existing parties.

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned

The United States objection to the amendment to Annex 6 is based, first, on information recently received which indicates that this amendment is based on an erroneous factual premise, Specifically, the amendment states that film produced by the case method of production meets the durable marking requirements but implies that film produced by the calender method does not. Information received by the United States Government indicates that premium quality film produced by the calender method may meet those requirements while some lower-quality film produced by the cast film may not. Thus, as currently drafted, this amendment does not appear appropriately to apply the standards. The United States also has concerns about the proposed effective date of January 1, 1993, for certain parts of the amendment, as expressed in paragraph 43 of the report of the 3rd meeting of the Administrative Committee for the Convention. Application of that effective date to containers built before January 1, 1988 could necessitate replacement of markings without relation to any deterioration of the markings, since durable markings are to last at least seven years and quality films usually last longer. Finally, the United States is concerned about the feasibility of implementation and enforcement of the amendment, since it is difficult to distinguish between the markings produced by the cast or calender methods once they are applied.

In view of the foregoing concerns, the United States suggests that the Administrative Committee for the Convention may wish to reconsider the amendments to the Customs Convention on Containers, 1972, notified in the Secretary General′s November 8, 1985 communication.”

Objection by Canada to the amendments proposed to Annex 6 (received on 7 November 1986)

(Original: English)

“... The Government of Canada is concerned that, contrary to usual practice, the proposed amendment setting an international standard for container marking is based on a particular manufacturing method, rather than on a measurable technical specification. In doing so, the possibility of technical advances using other techniques has not been taken into account. Thus, a further amendment would be required for any enhancement of existing techniques that may be developed in the future. This would be undesirable both from the perspective of the efficiency and effectiveness of the proposed amendment.

Furthermore, there is some doubt that all plastic film manufactured by the method, which at present is approved in the proposed amendment, will necessarily meet the required tensile and adhesion strength standards specified in the first and second sentences of paragraph 1.1-1(A) of the amendment.

Therefore, on the basis of the information now available, the Government of Canada cannot support the proposed amendment in its present form. In principle, the Government of Canada continues to support amendment of the Convention to provide for durable film marking of containers. However, to be effective, the amendment requires establishment of an objective technical standard.”

Objection by the Republic of Korea to the amendments proposed to Article 18 and to Annex 7 (received on 7 November 1986)

“In accordance with Article 21, Section 4 of the Customs Convention on Containers, 1972, the Government of the Republic of Korea wishes to notify the Secretary-General of the United Nations of its objection to the proposed amendments to Article 18 of the Convention and Article 6 of Annex 7 adopted by the Administrative Committee for the Convention at its third meeting held in Brussels from 6 to 8 May 1985.”

Objections having been received by the Secretary-General as at 8 November 1986, that is to say, before the expiry of the twelve-month period provided for in article 21 (4), to the proposed amendments to Article 18 and to Annex 7 of the Convention, the said amendments are deemed not to have been accepted.

The number of objections received by the Secretary-General as at 8 November 1986 to the proposed amendments to Annex 6 of the Convention not having reached the number required for the rejection of the amendments, as provided for in article 22 (5), the said amendments are consequently deemed to have been accepted and will enter into force on 1 January 1988 for all the Contracting Parties which did not object to the proposed amendments in accordance with the decision of the Administrative Committee. It is recalled that the Committee further decided:

“- The provisions of Explanatory Note 1.1 shall be applied as of 1 January 1988 to containers being approved for the first time.

- A transitional period from 1 January 1988 to 1 January 1993 shall be granted during which time the marking on containers approved before 1 January 1988 but not meeting the provisions of Explanatory Note 1.1 can be brought into conformance.

- The provisions of Explanatory Note 1.1 shall, therefore, be applied as of 1 January 1993 to containers approved prior to 1 January 1988.”

27 January 1987

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.N.285.1989.TREATIES-2 (Depositary Notification) Add.I

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972 ACCEPTANCE OF THE AMENDMENTS

PROPOSED BY THE CUSTOMS CO-OPERATION COUNCIL

TO ARTICLE 1. PARAGRAPH c AND ANNEX 6

The Secretary-General of the United Nations, acting in his capacity as depositary, and referring to depositary notification C.N.276.1988.TREATIES-1 of 1 December 1938, communicates the following:

Within a period of 12 months from the date of the above-mentioned depositary notification no objection had been notified to the Secretary-General. Consequently, in accordance with the provisions of article 22 {5) of the Convention, the proposed amendments are deemed accepted and will enter into force for all Contracting Parties three months after the expiry of the said period of 12 months, i.e. on 1 March 1990.

28 December 1989

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.N.276.1988.TREATIES-1 (Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972

AMENDMENTS PROPOSED BY THE CUSTOMS CO-OPERATION

COUNCIL TO ARTICLE 1, PARAGRAPH c AND ANNEX 6

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:

In a communication received by the Secretary-General on 29 November 1988, the Secretary-General of the Customs Co-operation Council, in accordance with article 21 (2) and article 22 (3) of the above-mentioned Convention, has transmitted the text of certain amendments to Article 1, paragraph c and Annex 6 of the Convention, to be communicated in accordance with paragraph 3 of article 21 and paragraph 4 of article 22, by the Secretary-General to the Contracting Parties for their acceptance, and to the other States referred to in article 18 for their information.

The said amendments were adopted by the Administrative Committee for the Customs Convention on Containers, 1972, at its fourth meeting held in Brussels from 25 to 27 May 1987.

With respect to Article 1, paragraph c, of the Convention the amending procedure is set forth in paragraphs 1 to 5 of article 21, which reads as follows:

“1. Any Contracting Party may propose one or more amendments to the present Convention. The text of any proposed amendment shall be notified to the Customs Co-operation Council which shall communicate it to all Contracting Parties and inform the States referred to in article 18 which are not Contracting Parties. The Customs Co-operation Council shall also, in accordance with the rules of procedure set out in Annex 7, convene an Administrative Committee.

2. Any amendment proposed in accordance with the preceding paragraph, or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned

3. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

4. Any proposed amendment communicated in accordance with the preceding paragraph shall be deemed to be accepted if no Contracting Party expressed an objection within a period of 12 months following the date of communication of the proposed amendment by the Secretary-General of the United Nations,

5. The Secretary-General of the United Nations shall, as soon as possible, notify all Contracting Parties and the States referred to in article 18 which are not Contracting Parties whether an objection to the proposed amendment has been expressed. If an objection to the proposed amendment has been communicated to the Secretary-General of the United Nations the amendment shall be deemed not to have been accepted and shall be of no effect whatever. If no such object ion has been communicated 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 period of 12 months referred to in the preceding paragraph, or on such later date as may have been determined by the Administrative Committee at the time of its adoption.”

As regards annex 6, the applicable procedure is set out in paragraphs 1 to 7 of article 22, which reads as follows:

“1. Independently of the amendment procedure set out in article 21, Annexes 1, 4, 5 and 6 may be amended as provided for in this article and in accordance with the rules of procedure set out in Annex 7.

2. Any Contracting Party shall communicate proposed amendments to the Customs Co-operation Council. The Customs Co-operation Council shall bring them to the attention of the Contracting Parties and of the States referred to in article 18 which are not Contracting Parties, and shall convene the Administrative Committee.

3. Any amendment proposed in accordance with the preceding paragraph or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

4. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

5. The amendment shall be deemed to have been accepted unless one-fifth or five of the Contracting Parties, whichever number is less, have notified the Secretary-General of the United Nations, within a period of 12 months from the date on which the proposed modification has been communicated by the Secretary-General of the United Nations to the Contracting Parties, that they object to the proposal. An amendment which is not accepted shall be of no effect whatever.

6. If an amendment is accepted, it shall enter into force, for all Contracting Parties which did not object to the amendment, three months after the expiry of the period of twelve months referred to in the preceding paragraph, or on such later date as may have been determined by the Committee at the time of its adoption. At the time of adoption of an amendment the Committee may also provide that, during a transitional period, the existing Annexes shall remain in force, wholly or in part, concurrently with such amendment.

7. The Secretary-General of the United Nations shall notify the date of the entry into force of the amendment to the Contracting Parties and inform the States, referred to in article 18, which are not Contracting Parties.”

It should be noted that the Committee did not avail itself of the rights granted under article 21 (5) and article 22 (6) of the Convention to determine a later date for the entry into force of the amendments,

Consequently, and in accordance with articles 21 and 22, the amendments will be considered to have been accepted if no objection has been formulated by one of the Contracting Parties at the latest on 1 December 1989, and they will enter into force on 1 March 1990.

The texts of the proposed amendments in the Chinese, English, French, Russian and Spanish languages are annexed herewith.

The Secretary-General regrets that, owing to communications difficulties, it was not possible to circulate the present notification sooner.

1 December 1988

JANUARY 1987

CORRESPONDENCE UNIT

120 MEMBER STATES plus 6 NON-MEMBERS

ENGLISH AND SPANISH

AFGHANISTAN

ANGOLA

ANTIGUA AND BARBUDA

AUSTRALIA

AUSTRIA

BAHAMAS

BAHRAIN

BANGLADESH

BARBADOS

BELIZE

BHUTAN

BOLIVIA

BOTSWANA

BRAZIL

BRUNEI DARUSSALAM

BULGARIA

BURMA

BYELORUSSIAN SSF

CANADA

CHILE

CHINA

COLOMBIA

COSTA RICA

CUBA

CYPRUS

CZECHOSLOVAKIA

DEMOCRATIC YEMEN

DENMARK

DOMINICA

DOMINICAN REPUBLIC

ECUADOR

EGYPT

EL SALVADOR

ETHIOPIA

FIJI

FINLAND

GAMBIA

GERMAN DEMOCRATIC REPUBLIC

GERMANY (FEDERAL REPUBLIC OF)

GHANA

GREECE

GRENADA

GUATEMALA

GUYANA

HONDURAS

HUNGARY

ICELAND

INDIA

INDONESIA

IRAN

IRAQ

IRELAND

ISRAEL

JAMAICA

JAPAN

JORDAN

KENYA

KUWAIT

LESOTHO

LIBERIA

LIBYAN ARAB JAMAHIRIYA

MALAWI

MALAYSIA

MALDIVES

MALTA

MAURITIUS

MEXICO

MONGOLIA

MOZAMBIQUE

NEPAL

NETHERLANDS

NEW ZEALAND

NICARAGUA

NIGERIA

NORWAY

OMAN

PAKISTAN

PANAMA

PAPUA NEW GUINEA

PERU

PHILIPPINES

POLAND

PORTUGAL

QATAR

SAINT KITTS

AND NEVIS

SAINT LUCIA

SAINT VINCENT AND

THE GRENADINES

SAMOA

SAUDI ARABIA

SEYCHELLES

SIERRA

LEONE

SINGAPORE

SOLOMON

ISLANDS

SOMALIA

SOUTH AFRICA

SPAIN

SRI LANKA

SUDAN

SURINAME

SWAZILAND

SWEDEN

SYRIAN ARAB REPUBLIC

THAILAND

TRINIDAD AND TOBAGO

TURKEY

UGANDA

UKRAINIAN SSR

UNION OF SOVIET

SOCIALIST REPUBLICS

UNITED ARAB EMIRATES

UNITED KINGDOM

UNITED REPUBLIC

OF TANZANIA

UNITED STATES OF AMERICA

URUGUAY

VANUATU

VENEZUELA

VIET NAM

YEMEN

YUGOSLAVIA

ZAMBIA

ZIMBABWE

NON-MEMBER STATES

DEMOCRATIC PEOPLE′S

REPUBLIC OF KOREA

KIRIBATI

NAURU

REPUBLIC OF KOREA

TONGA

TUVALU

INFORMATION COPY SENT TO:

ALSO SENT TO:

C.N.276.1988.TREATIES-1 ALSO SENT, WITHOUT ANNEXES, TO:

- The Chief, Distribution Section, Publishing Division, DCS, Room NL-316 (65 copies, English and French, for distribution to the Information Centres)

C.N.276.1988,TREATIES-1 ALSO SENT, WITH ANNEXES, TO:

– Bureau de liaison juridique, Palais des Nations, Geneve, Suisse/Switzerland (E+F)

– The Law Librarian, UNCITRAL Law Library, Vienna International Centre, P.O. Box 500, A-1400 Vienna, Austria (E+F)

– Monsieur le Greffier de la Cour internationale de Justice, Palais de la Paix, 2517 KJ La Haye, Pays-Bas/Netherlands (E+F)

– The Legal Counsel, Office of Legal Affairs, Room S-3427-C (E+F)

– The Chief, Treaty Section, Office of Legal Affairs, Room S-3200-A (E+F)

– The Chief, Transport Division, Economic Commission for Europe, Palais des Nations, 1211 Geneva 10, Switzerland (E+F)

– Monsieur le Secretaire general du Conseil de cooperation douaniere, 26-38, rue de 1′Industrie, B-1040 Bruxelles, Belgique (E+F)

– Professor David L. Harris, LL.M., Ph.D., Editor, Index of Multilateral Treaties, University of Nottingham, Treaty Centre, University Park, Nottingham NG7 2RD, United Kingdom

– Professor Igor I. Kavass, Legal Information Center, School of Law, Vanderbilt University, Nashville, Tennessee 37240

Add the following new sentence at the end of paragraph (c) of Article 1:

“Demountable bodies, are to be treated as containers.”

Add the following new Explanatory Note 0.1“(c)-2 after 0.1.(c)-1 of Annex 6:

“Sub-paragraph (c) - Demountable bodies

0.1.(c)-2 “The term “demountable body” means a load-compartment which has no means of locomotion and which is designed in particular to be transported upon a road vehicle, the chassis of which, together with the under-framing of the body is especially adapted for this purpose. It covers also a swap-body which is a load-compartment designed especially for combined road and rail transport.”

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.H.38.1995.TREATIES-1(Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972

OBJECTION BY THE UNITED STATES OF AMERICA TO THE AMENDMENTS

PROPOSED BY THE CUSTOMS CO-OPERATION COUNCIL TO THE

CONVENTION AND TO ANNEX 7 ACCEPTANCE OF THE AMENDMENTS PROPOSED

BY THE CUSTOMS CO-OPERATION COUNCIL TO ANNEXES 4 AND 6

The Secretary-General of the United Nations, acting in his capacity as depositary, and with reference to depositary notification C.N.36.1994.TREATIES-l of 10 March 1994, relating to the amendments proposed by the Customs Co-operation Council to the Convention and to Annexes 4, 6 and 7 of the Convention, communicates the following:

I

On 9 March 1995, the Secretary-General received from the Government of the United States of America, the following objection:

Objection by the United States of America to the′ amendments proposed to the Convention and to Annex 7

(Original: English)

“On behalf of the Government of the United States of America, I have the honour to inform your Excellency, in your capacity as depositary, that pursuant to Article 21(2) of the Convention, the United States of America objects to the amendments to the Convention and the amendment to Annex 7.”

The objection to the proposed amendments to the Convention and to Annex 7 of the Convention having been received by the Secretary-General as at 9 March 1995, that is to say, before the expiry of the twelve-month period provided for in article 21 (4), the said amendments are deemed not to have been accepted.

II

Within a period of twelve months from the date of the above-mentioned depositary notification no objection had been notified to the Secretary-General concerning the amendments to annexes 4 and 6. Consequently, in accordance with the provisions of article 22 (5) of the Convention, the proposed amendments to annexes 4 and 6 are deemed accepted and will enter into force for all Contracting Parties three months after the expiry of the said period of 12 months, i.e. on 10 June 1995.

11 April 1995

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.N.36.1994.TREATIES-1 (Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

CONCLUDED AT GENEVA ON 2 DECEMBER 1972

AMENDMENTS PROPOSED BY THE CUSTOMS CO-OPERATION

COUNCIL TO THE CONVENTION AND TO ANNEXES 4, 6 AND 7

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:

In a communication received by the Secretary-General on 13 January 1994, the Secretary-General of the Customs Co-operation Council, in accordance with article 21 (2) and article 22 (3) of the above-mentioned Convention, has transmitted the text of amendments to the Convention and to annexes 4, 6 and 7, to be communicated in accordance with paragraph 3 of article 21 and paragraph 4 of article 22, by the Secretary-General to the Contracting Parties for their acceptance, and to the other States referred to in article 18 for their information.

The said amendments were adopted by the Administrative Committee for the Customs Convention on Containers, 1972, at its fifth meeting held in Brussels from 20 to 22 November 1991.

With respect to the Convention including Annex 7, the amending procedure is set forth in paragraphs 1 to 5 of article 21, which reads as follows:

“1. Any Contracting Party may propose one or more amendments to the present Convention. The text of any proposed amendment shall be notified to the Customs Co-operation Council which shall communicate it to all Contracting Parties and inform the States referred to in article 18 which are not Contracting Parties. The Customs Co-operation Council shall also, in accordance with the rules of procedure set out in Annex 7, convene an Administrative Committee.

2. Any amendment proposed in accordance with the preceding paragraph, or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

3. The′Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned

4. Any proposed amendment communicated in accordance with the preceding paragraph shall be deemed to be accepted if no Contracting Party expressed an objection within a period of 12 months following the date of communication of the proposed amendment by the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall, as soon as possible, notify all Contracting Parties and the States referred to in article 18 which are not Contracting Parties whether an objection to the proposed amendment has been expressed. If an objection to the proposed amendment has been communicated to the Secretary-General of.the United Nations the amendment shall be deemed not to have been accepted and shall be of no effect whatever. If no such objection has been communicated 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 period of 12 months referred to in the preceding paragraph, or on such later date as may have been determined by the Administrative Committee at the time of its adoption.”

As regards annexes 4 and 6, the applicable procedure is set out in paragraphs 1 to 7 of article 22, which reads as follows:

“1. Independently of the amendment procedure set out in article 21, Annexes 1, 4, 5 and 6 may be amended as provided for in this article and in accordance with the rules of procedure set out in Annex 7.

2. Any Contracting Party shall communicate proposed amendments to the Customs Co-operation Council. The Customs Co-operation Council shall bring them to the attention of the Contracting Party and of the States referred to in article 18 which are not Contracting Parties, and shall convene the Administrative Committee.

3. Any Amendment proposed in accordance with the preceding paragraph or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

4. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

5. The amendment shall be deemed to have been accepted unless one-fifth or five of the Contracting Parties, whichever number is less, have notified the Secretary-General of the United Nations, within a period of 12 months from the date on which the proposed modification has been communicated by the Secretary-General of the United Nations to the Contracting Parties, that they object to the proposal. An amendment which is not accepted shall be of no effect whatever.

6. If an amendment is accepted, it shall enter into force for all Contracting Parties which did not object to the amendment, three months after the expiry of the period of twelve months referred to in the preceding paragraph, or on such later date as may have been determined by the Committee at the time of its adoption. At the time of adoption of an amendment the Committee may also provide that, during a transitional period, the existing Annexes shall remain in force, wholly or in part, concurrently with such amendment.

7. The Secretary-General of the United Nations shall notify the date of the entry into force of the amendment to the Contracting Parties and inform the States, referred to in article 18, which are not Contracting Parties.”

It should be noted that the Committee did not avail itself of the rights granted under article 21 (5) and article 22 (6) of the Convention to determine a later date for the entry into force of the amendments.

Consequently, and in accordance with articles 21 and 22, the amendments will be considered to have been accepted if no objection has been formulated by one of the Contracting Parties at the latest on 10 March 1995, and they will enter into force on 10 June 1995.

The texts of the proposed amendments in the Chinese, English,′ French, Russian and Spanish languages are annexed herewith.

10 March 1994

C.N.36.1994.TREATIES-1 (Annex)

AMENDMENTS TO THE CUSTOMS CONVENTION ON CONTAINERS, 1972,

REGARDING CUSTOMS OR ECONOMIC UNIONS

________________________

1. Insert the following new term (d) bis in Article 1:

“(d) bis the term “Customs or Economic Union” shall mean a Union constituted by and composed of States as referred to in Article 18, paragraph 1, of the present Convention, which has competence to adopt its own legislation that is binding on its Members, in respect of matters governed by the present Convention, and has competence to decide, in accordance with its internal procedures, to accede to the present Convention;”

2. Insert the following new Article 14 bis:

“Article 14 bis

1. For the purpose of the present Convention, the territories of Contracting Parties which form a Customs or Economic Unio may be taken to be a single territory.

2. Nothing in the present Convention shall prevent Contracting Parties which form a Customs or Economic Union from enacting special provisions applicable to temporary admission operations and to approval of containers for transport under Customs seal in the territory of that Union, provided those provisions do not reduce the facilities provided for by the present Convention.”

3. Insert the following new paragraph 3 bis in Article 18:

“3 bis. A Customs or Economic Union, as defined in Article 1 (d) bis, may accede to the present Convention and thereby become a Contracting Party. Such a Customs or Economic Union shall at the time of its accession inform the Secretary General of the United Nations of its competence and shall advise any subsequent changes thereto with respect to the matters governed by the present Convention. The Customs or Economic Union which

is a Contracting Party to the present Convention shall, for the matters within its competence, exercise the rights, and fulfill the responsibilities which the present Convention confers on its Members which are Contracting Parties to the present Convention. In such a case, these Members shall .not be entitled to individually exercise these rights, including the right to vote, to propose amendments, to express objections to proposed amendments, and to settle disputes in accordance with Article 25.”

4. Amend paragraph 2 of Article 19 as follows:

“For each State ratifying, accepting or approving the present Convention or for each State or Customs or Economic Union acceding thereto after the deposit of the fifth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force six months after the date of the deposit by such State or Customs or Economic Union of its instrument of ratification, acceptance, approval or accession.”

5. Add the following new paragraph 2 to Article 6 of Annex 7, the existing text to be numbered paragraph 1:

“2. Where Article 18, paragraph 3 bis of the present Convention applies, the Customs or Economic Unions Parties to the present Convention shall have, in case of voting, only a number of votes equal to the total votes alloted to their Members which are Contracting Parties to the present Convention.”

AMENDMENTS TO

ANNEXES 4 AND 6

TO THE CUSTOMS CONVENTION ON CONTAINERS, 1972

AMENDMENT 1

Annex 4, Article 2, paragraph 2, subparagraphs (i) and (ii)

For the existing text, substitute:

“(i) where it covers the full height from floor to roof, or, in other cases, where the space between it and the outer wall is completely enclosed, the lining inside the container shall be so fitted that it cannot be removed and replaced without leaving obvious traces, and

(ii) where a lining is of less than full height and the

spaces between the lining and the outer wall are not completely enclosed, and in all other cases where spaces occur in the construction of a container, the number of such spaces shall be kept to a minimum and these spaces shall be readily accessible for Customs inspection.”

AMENDMENT 2

Annex 4, Article 4, paragraph 6

For the existing text, substitute:

“6. The sheet shall be fixed to the container in strict compliance with the conditions set forth in Article 1 (a) and (b) of these Regulations. The following systems can be used:

(a) The sheet can be secured by:

(i) metal rings fixed to the containers;

(ii) eyelets let into the edge of the sheet; and

(iii) a fastening passing through the rings above the sheet and visible from the outside for its entire length.

The sheet shall overlap solid parts of the container by at least 250 mm, measured from the centre of the securing rings, unless the system of construction of the container in itself prevents all access to the goods.

b) When any edge of a sheet is to be permanently secured to a container, the two surfaces shall be joined together without a break and shall be held in place by strong devices.

c) When a sheet locking system is used it shall in locked position join the sheet tightly to the outside of the container (as an example see sketch No. 6).”

Insert sketch No. 6 reproduced below after sketch No. 5.

Schiţa Nr. 6

EXEMPLU DE SISTEM DE ÎNCHIDERE A PRELATEI

AMENDMENT 3

Annex 4, Article 4, paragraph 9

Insert after the existing text, the following wording:

“In cases where the sheet has to be fixed to the frame in a system of construction which otherwise complies with the provisions of paragraph 6 (a) of this Article, a thong can be used as fastening (an example of such a system of construction is given in sketch No. 7 appended to these Regulations). The thong has to comply with the requirements stipulated in paragraph 11 (c) with regard to material, dimensions and shape.”

Insert sketch No. 7 reproduced below after sketch No. 6

Sketch Ho. 7

EXAMPLE OF SHEETS FIXED TO SPECIAL-SHAPED FRAMES

AMENDMENT 4

Annex 4, Article 4, paragraph 7 (new paragraph 7)

Insert, after paragraph 6, a new paragraph 7 to read :

“7. The sheet shall be supported by an adequate superstructure (uprights, sides, arches, slats, etc.).”

AMENDMENT 5

Annex 4, Article 4, new paragraph 8 (old paragraph 7)

For the existing text, substitute :

“8. The spaces between the rings and the spaces between the eyelets shall not exceed 200 nun. The spaces may, however, be greater but shall not exceed 3 00 mm between rings and eyelets on either side of the upright if the construction of the container and the sheet is such as to prevent all access to the interior of the container. The eyelets shall be reinforced.”

AMENDMENT 6

Annex 4, Article 4, paragraph 10:

Replace the present text by the following:

“At the openings in the sheet, used for loading and unloading, the two surfaces shall be joined together. The following systems can be used:

(a) The two edges of the sheet shall have an adequate overlap. They shall also be fastened by:

(i) a flap sewn or welded in accordance with paragraphs 3 and 4 of this Article;

(ii) rings and eyelets meeting the conditions of paragraph 8 of this Article; the rings shall be manufactured of metal; and

(iii) a thong made of appropriate material, in one piece and unstretchable, at least 20 mm wide and 3 mm thick, passing through the rings and holding together the two edges of the sheet and the flap; the thong shall be secured inside the sheet and fitted either with

– an eyelet to take the rope mentioned in paragraph 9 of this Article or

– an eyelet which can be attached to a metal ring mentioned in paragraph 6 of this Article and be secured by the rope mentioned in paragraph 9 of this Article.

A flap shall not be required if a special device, such as a baffle plate, is fitted, which prevents access to the container without leaving obvious traces.

(b) A special locking system holding the edges of the sheets tightly locked when the container is closed and sealed. The system shall be provided with an opening through which a metal ring mentioned in paragraph 6 of this Article can pass and be secured by the rope mentioned in paragraph 9 of this Article. (see sketch No. 8 appended to these Regulations.”

New sketch No. 8 to Annex 4.

Add a new sketch No. 8 to Annex 4. Insert a description of that sketch as follows:

“In this locking system the two edges of the openings in the sheet used for loading and unloading are united by means of an aluminium locking rod. The sheet openings are provided with a hem over its entire length enclosing a rope {see sketch No, 8.1.)- This makes it impossible to pull the sheet out of the locking rod′s profile. The hem shall be on the outside and welded in accordance with Annex 4, Article 4, paragraph 4 to the Convention. The edges are to be passed into the open profiles on the aluminium locking rod and slid into two parallel longitudinal channels which should be closed at their lower end. When the locking rod is in its upper position the edges of the sheets are united. At the upper end of the opening the locking rod is stopped by a transparent plastic cap fixed by riveting to the sheet (see sketch No. 8.2.}. The locking rod consists of two sections, joined by a riveted hinge, to allow folding for easy fitting and removal. This hinge must be designed in such a way as not to allow the removal of the swivel pin once the system is locked (see sketch No. 8.3.). At the lower part of the locking rod is an opening through which the ring passes. The opening is oval and of a size just sufficient to allow the ring to pass through it (see sketch No, 8.4.). The fastening rope will be pulled through this ring to secure the locking rod.”

Sheet locking system at openings for loading and unloading

AMENDMENT 7

Annex 4, Article 4, paragraphs 7-11

Renumber the existing paragraphs 7-11 as 8-12.

AMENDMENT 8

Annex 6, Explanatory Note 4.2.1. (a)-1(c)

Add a new third sentence as follows :

“However, blind rivets can be used on condition that a sufficient number of other joining devices as described in Annex 6, Explanatory Note 4.2.1.(a)-1 (a) to the Convention used to assemble constituent parts.”

Sketch No. 7

Example of a hinoe not requiring special protection for the hinge-pin

The hinge illustrated below complies with the requirements of Explanatory Note 4.2.1 (b)-1, paragraph (b), second sentence. The design of the strap and the hinge-plate make any special protection of the pin unnecessary, since the shoulders of the strap extend behind the edges of the hinge-plate. These shoulders therefore prevent the Customs-sealed door from being opened at the hinged side without leaving obvious traces, even if the unprotected pin has been removed.

AMENDMENT 9

Annex 6, Explanatory Note 4.2.1.(b)-1 - Subparagraph (b)

Replace the existing second sentence by the following:

“Moreover, the various components of such devices (e.g. hinge plates, pins or swivels), provided that they are necessary to guarantee Customs security of the container (see sketch No. 7 appended to this Annex), shall be so fitted that they cannot be removed or dismantled when the container is closed and sealed without leaving obvious traces.”

Insert sketch No. 7 reproduced below after sketch No. 6.

AMENDMENT 10

Annex 6, Explanatory Note 4.2.1.(b)-1 Subparagraph (c)

For the existing text substitute:

“(c) Exceptionally, in the case of insulated containers, the Customs sealing device, the hinges and any fittings the removal of which would give access to the interior of the container or to spaces in which goods could be concealed, may be fixed to the doors of such containers by means of the following systems :

(i) Set bolts or set screws which are inserted from the outside but which do not otherwise meet the requirements of Explanatory Note 4.2.1.(a)-1, subparagraph (a) above, on condition that:

the tails of the set bolts or set screws are fixed into a tapping plate or similar device fitted behind the outer layer or layers of the door structure; and

the heads of the appropriate number of set bolts or set screws are so welded to the Customs sealing device, hinges etc., that they are completely deformed and that the set bolts or set screws cannot be removed without leaving visible signs of tampering (see sketch No. 4 appended to this Annex).

(ii) A fastening device which is inserted from the inside of the insulated door construction on condition that:

the fastening pin and securing collar of the device are assembled by pneumatic or hydraulic tooling and fixed behind a plate or similar device fitted between the outer layer of the door structure and the insulation;

the head of the fastening pin is not accessible from the inside of the container; and

a sufficient number of securing collars and fastening pins are welded together and the devices cannot be removed without leaving visible signs of tampering (see sketch No. 8 appended to this Annex).

The term “insulated container” is to be taken to include refrigerated and isothermic containers.”

Insert sketch No. 8 reproduced below after sketch No. 7.

Schiţa Nr. 8

EXAMPLE OF A .FASTENING DEVICE INSERTED FROH

 THE INSIDE OF INSULATED DOOR CONSTRUCTION

AMENDMENT 11

Annex 6, Explanatory Note 4.2.1.(c)-1_f subparagraph (b)

Replace the existing text by the following:

“(b) Apertures permitting direct access to the container, must be obstructed:

(i) by means of wire gauze or perforated metal screens (maximum dimension of holes 3 mm in both cases) and protected by welded metal lattice-work (maximum dimension of holes : 10 mm; or

(ii) by means of a single perforated metal screen of sufficient strength (maximum dimension of holes : 3 mm; thickness of the screen : at least 1 mm).”

AMENDMENT 12

Annex 6, Explanatory Note 4.2.1 (c)-1, subparagraph (c)

Replace the existing text by the following :

“(c) Apertures not permitting direct access to the container (e.g. because of elbow or baffle-plate systems) must be provided with devices referred to in subparagraph (b), in which, however, the dimensions of the holes may be as much as 10 mm (for the wire gauze or metal screen) and 20 mm (for the metal lattice-work).”

AMENDMENT 13

Annex 6, Explanatory Note 4.4.7.1

Replace the existing text and the preceding title¹ by the following:

Paragraph 8 - Spaces between the rings and between the eyelets.

4.4.8.-1 Spaces exceeding 200 mm but not exceeding 300 mm are acceptable over the uprights if the rings are recessed in the side boards and the eyelets are oval and so small that they can just pass over the rings.

Annex 6, Explanatory Note 4.4.8.-1

Change the number of this Explanatory Note to 4.4.9-1 and replace “Paragraph 8” in its title by “Paragraph 9”.

Annex 6, Explanatory Note 4.4.10.(a)-1

Change the number of this Explanatory Note to 4.4.11.(a)(i) and Replace “Subparagraph 10(a)” in its title by “Subparagraph 11. (a)(i)”.

Annex 6. Explanatory Note 4.4.10.(c)-1

Change the number of this Explanatory Note to 4.4.11.(a)(iii) - 1 and Replace “Subparagraph 10.(c)” in its title by “Subparagraph 11.(a)(iii)”.

Annex 6, Explanatory Note 4.4.10.(c)-2

Change the number of this Explanaotry Note to 4.4.11.(a)(iii)-1 and Replace “Subparagraph 10” in its text by “subparagraph 11.(a)”.

Annex 6­­, sketch No. 3

Replace “paragraph 10” in the explanation of this sketch by “subparagraph 11.(a)”.

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.N.327.2008.TREATIES-1 (Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS, 1972

GENEVA, 2 DECEMBER 1972

ACCEPTANCE OF AMENDMENTS TO ANNEXES 1

AND 4 OF THE CONVENTION¹

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following;

Within the period of 12 months following the date of depositary notification C.N.492.2007.TREATIES-I of 20 April 2007, no objection had been received from the Contracting Parties regarding the proposal of amendments to Annexes 1 and 4 of the above-mentioned Convention. Therefore, in accordance with paragraph 5 of article 22 of the Convention, the proposed amendments are considered to be accepted and will enter into force for all Contracting Parties three months after the expiry of the said period of 12 months, i.e., on 20 July 2008.

A copy of the text of the amendments in the English and French languages is transmitted herewith.

22 April 2008

_________________________

¹ Refer to depositary notification C.N.492.2007.TREATIES-1 of 20 April 2007 (Proposal of amendments to Annexes 1 and 4 of the Convention).

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned. Depositary notifications are currently issued in both hard copy and electronic format. Depositary notifications are made available to the Permanent Missions to the United Nations at the following e-mail address; missions@un.int. Such notifications are also available in the United Nations Treaty Collection on the Internet at http://untreaty.un.org, where interested individuals can subscribe to directly receive depositary notifications by e-mail through anew automated subscription service. Depositary notifications are available for pick-up by the Permanent Missions in Room NL-300.

ANNEX 1

Provisions concerning the marking of containers

1 (Amended) The following information shall be durably marked In an appropriate and clearly visible place on containers in accordance with International Standard ISO 6346*:

(a) the identification of the owner or principal operator and the individual number and check digit of the container as given in ISO 6346 and its annexes;

(b) the tare weight of the container, including all its permanently fixed equipment.

2. (To be withdrawn)

3. (Unchanged) Containers approved for transport under Customs seal shall, in addition, bear the following details which shall be also be put on the approval plate in accordance with the provisions of Annex 5:

(a) the manufacturer′s serial number (manufacturer′s number); and

(b) if they have been approved by design type, the identification numbers or letters of the type.

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* see extract of the ISO Standard No. 6346:1995, Part VIII of the Handbook.

ANNEX 4 TO THE CONVENTION

After the last sentence of Article 4, paragraph 11 (a) Insert a new sentence to read as follows:

“Neither shall a flap be required for containers with sliding sheets.”

Replace the text of Article 5 by the following:

“Article 5

Containers with sliding sheets

1. Where applicable, the provisions of Articles 1,2,3 and 4 of these Regulations shall apply to containers with sliding sheets. In addition, these containers shall conform to the provisions of this article.

2. The sliding sheets, floor, doors and all other constituent parts of the container shall fulfil either the requirements in Article 4, paragraphs 6, 8, 9 and 11 of these Regulations or the requirements set out in (i) to (vi) below.

(i) The sliding sheets, floor, doors and all other constituent parts of the container shall be assembled in such a way that they cannot be opened or closed without leaving obvious traces.

(ii) The sheet shall overlap the solid parts at the top of the container by at least I/4 of the actual distance between the tensioning straps. The sheet shall overlap the solid parts at the bottom of the container by at least 50 mm. The horizontal opening between the sheet and the solid parts of the container may not exceed 10 mm measured perpendicular to the longitudinal axis of the container at any place when the container is secured and sealed for Customs purposes.

(iii) The sliding sheet guidance and other movable parts shall be assembled in such a way that closed and Customs sealed doors and other movable parts cannot be opened or closed from the outside without leaving obvious traces. The sliding sheet guidance and other movable parts shall be assembled in such a way that it is impossible to gain access to the container without leaving obvious traces. The system is described in sketch No. 9 appended to these Regulations.

(iv) The horizontal distance between the rings, used for Customs purposes, on the solid parts of the container shall not exceed 200 mm. The space may, however, be greater but shall not exceed 300 mm between the rings on either side of the upright if the construction of the container and the sheets is such as preventing all access to the container, In any case, the conditions laid down In (ii) above shall be complied with.

(v) The distance between the tensioning straps shall not exceed 600 mm.

(vi) The fastenings used to secure the sheets to the solid parts of the container shall fulfil the requirements in Article 4, paragraph 9 of these Regulations.”

Add the following new sketch to the existing sketches appended to Annex 4, Part I:

Sketch No. 9

EXAMPLE OF A CONSTRUCTION OF A CONTAINER WJTH SLIDING SHEETS

(XI.A.15)

UNITED NATIONS NATIONS UNIES

POSTAL ADDRESS – ADRESSE POSTALE: UNITED NATIONS, N.Y. 10017

CABLE ADDRESSE – ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK

Reference: C.N.492.2007.TREATIES-1 (Depositary Notification)

CUSTOMS CONVENTION ON CONTAINERS,1972

GENEVA, 2 DECEMBER 1972

PROPOSAL OF AMENDMENTS

TO ANNEXES 1 AND 4 OF THE CONVENTION

The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:

At its ninth session held in Brussels from 7 to 8 November 2006, the Administrative Committee of the Customs Convention on Containers, 1972, adopted unanimously certain amendments to Annexes 1 and 4 of the Convention in accordance with article 22 of the above Convention.

A copy of the text of the proposed amendments in the English and French languages is transmitted herewith.

In this connection, it is recalled that the procedure for the amendment of annexes 1, 4, 5 and 6 to the Convention is set forth in paragraphs 1 to 7 of article 22, which read as follows:

“1. Independently of the amendment procedure set out in article 21, Annexes 1,4, 5 and 6 may be amended as provided for in this article and in accordance with the rules of procedure set out in Annex 7.

2. Any Contracting Party shall communicate proposed amendments to the Customs Co-operation Council. The Customs Co-operation Council shall bring them to the attention of the Contracting Parties and of the States referred to in article 18 which are not Contracting Parties, and shall convene the Administrative Committee.

3. Any amendment proposed in accordance with the preceding paragraph or prepared during the meeting of the Committee, and adopted by a two-thirds majority of those present and voting in the Committee, shall be communicated to the Secretary-General of the United Nations.

4. The Secretary-General of the United Nations shall communicate the amendment to the Contracting Parties for their acceptance, and to the States referred to in article 18 which are not Contracting Parties for their information.

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned. Depositary notifications are made available to the Permanent Missions to the United Nations at the following e-mail address: missions(S)un.int. Note that annexes to the depositary notifications are distributed in hard copy format only. The hard copy versions of the depositary notifications are available for pick-up by the Permanent Missions in Room NL-300. Such notifications are also available in the United Nations Treaty Collection on the Internet at http://untreaty.un.org.

5. The amendment shall be deemed to have been accepted unless one-fifth or five of the Contracting Parties, whichever number is less, have notified the Secretary-General of the United Nations, within a period of 12 months from the date on which the proposed modification has been communicated by the Secretary-General of the United Nations to the Contracting Parties, that they object to the proposal. An amendment which is not accepted shall be of no effect whatever,

6. If an amendment is accepted, it shall enter into force, for all Contracting Parties which did not object to the amendment, three months after the expiry of the period of twelve months referred to in the preceding paragraph, or on such later date as may have been determined by the Committee at the time of its adoption. At the time of adoption of an amendment the Committee may also provide that, during a transitional period, the existing Annexes shall remain in force, wholly or in part, concurrently with such amendment.

7. The Secretary-General of the United Nations shall notify the date of the entry into force of the amendment to the Contracting Parties and inform the States, referred to in article 18, which are not Contracting Parties.”

In accordance with paragraph 5 of Article 22 of the Convention, the proposal of amendment shall be deemed to have been accepted unless one-fifth or five of the Contracting Parties, whichever number is less, have notified the Secretary-General of the United Nations, within a period of 12 months from the date of the present notification, that they object to the proposal of amendment, A proposed amendment which is not accepted shall be of no effect whatever.

20 April 2007

Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned. Depositary notifications are made available to the Permanent Missions to the United Nations at the following e-mail address: missions(a)un.int. Note that annexes to the depositary notifications are distributed in hard copy format only. The hard copy versions of the depositary notifications are available for pick-up by the Permanent Missions in Room NL-300. Such notifications are also available in the United Nations Treaty Collection on the Internet at http://untreaty.un.org,