1972年国际集装箱安全公约.docx

1 9 7 2年国际集装箱平安公约（CSC）（附英文）（1）【标 题】1 9 7 2年国际集装箱平安公约（C S C ）（附英文）【分 类】【时效性】【公布时间】【实施时间】【发布部门】刖 B缔约各国,国际海事04国际运输 有效1972.12.02 日内瓦认识到在集装箱的装卸、堆放和运输过程中，高度保障人身平安的需要。注意到便利集装箱国际运输的必要性。成认，在这一方面，制定国际共同的平安要求是有益的。认为，为到达以上目的最好是缔结一个公约。决定正式提出有关集装箱结构上的要求，以保证在正常营运中集装箱的装卸、堆码和运输的平安。为此目的，达成 如下协议：第I条本公约的一般义务各缔约国保证实施本公约及其附件的规定，该附件应为本公约不可分割的一局部。第n条定义在本公约内，除另有明确规定者外：1 .“集装箱”是指一种运输设备：（a ）具有耐久性，因而其相应的强度足能适合于重复使用；（b）经专门设计，便于以一种或多种运输方式运输货物，而无需中途重装；（c ）为了系固和（或）便于装卸，设有角配件；（d）四个外底角所围蔽的面积应为以下二者之一：2（i ）至少为1 4平方米（15 0ft ），或2（i i）如装有顶角配件，那么至少为7平方米（75ft）；“集装箱”一词既不包括车辆，也不包括包装；但是，集装箱在底盘车上运输时，那么连同底盘车包括在内。2 .“角配件”是指为了装卸、堆码和（或）系固目的而在集装箱顶部和（或）底部上安装的一种外表有孔的支撑配 件。3 .“主管机关”是指有权批准集装箱的缔约国政府。4 .“获得批准”是指被主管机关批准。5 .“批准”是指主管机关作出的决定，即某种定型设计或某个集装箱在本公约条款范围内是平安的。6 ,“国际运输”是指位于两个国家领土上的起运地和目的地之间的运输。而本公约至少适用其中一国。两国间运输 业务的一局部在一个适用本公约的国家领土内进行时，本公约也应适用。7 .“货物”是指物品、器皿、商品和用集装箱装运的各种物件。8 .“新集装箱”是指在本公约生效时或生效后开始制造的集装箱。9 .“现有集装箱”是指不属于新集装箱的集装箱。1 0.“箱主”是指各缔约国国家法律规定的所有人或承租人或受托人，如双方有协议，该承租人或受托人将承当对 集装箱的维修和检验的责任。1 1 .“集装箱的定型设计”是指经主管机关批准的定型设计。1 2 .“定型系列集装箱”是指按照批准的定型设计制造的任何集装箱。无。名称 INTERNATIONAL CONVENTION FOR SAFE CONTAINERS (CSC), 1972 【题注】Whole documentPreambleTHE CONTRACTING PARTIES,RECOGNIZING the need to maintain a high level of safety of human life in the handling, stacking and transporting of containers,MINDFUL of the need to facilitate international container transport,RECOGNIZING, in this context, the advantages of formalizing common international safety requirements,CONSIDERING that this end may best be achieved by the conclusion of a Convention,HAVE DECIDED to formalize structural requirements to ensure safety in the handling, stacking and transporting of containers in the course of normal operations, and to this endHAVE AGREED as follows:ARTICLE I General Obligation under the present ConventionThe Contracting Parties undertake to give effect to the provisions of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention.ARTICLE II DefinitionsFor the purpose of the present Convention, unless expressly provided otherwise:1. "Container" means an article of transport equipment:(a) of a permanent character and accordingly strong enough to be suitable for repeated use;(b) specially designed to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading;(c) designed to be secured and/or readily handled, having corner fittings for these purposes;(d) of a size such that the area enclosed by the four outer bottom corners is either:(i) at least 14 sq.m. (15Osq.ft.) or(ii) at least 7 sq.m. (75 sq.ft.) if it is fitted with top corner fittings; the term "container" includes neither vehicles nor packaging; however, containers when carried on chassis are included.2. "Corner fittings" means an arrangement of apertures and faces at the top and/or bottom of a container for the purposes of handling, stacking and/or securing.3. "Administration" means the Government of a Contracting Party under whose authority containers are approved.4. "Approved" means approved by the Administration.5. "Approval" means the decision by an Administration that a designtype or a container is safe within the terms of the present Convention.6. HInternational transport" means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention applies. The present Convention shall also apply when part of a transport operation between two countries takes place in the territory of a country to which the present Convention applies.7. “Cargo" means any goods, wares, merchandise and articles of every kind whatsoever carried in the containers.8. "New container" means a container the construction of which was commenced on or after the date of entry into force of the present Convention.9. "Existing container" means a container which is not a new container.10. "Owner" means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the ownefs responsibility for maintenance and examination of the container by such lessee or bailee.11. "Type of container11 means the design type approved by the Administration.12. "Type-series container" means any container manufactured in accordance with the approved design type.13. "Prototype" means a container representative of those manufactured or to be manufactured in a design type series.14. "Maximum Operating Gross Weight or Rating" or "R" means the maximum allowable combined weight of the container and its cargo.15. nTare Weight" means the weight of the empty container including permanently affixed ancillary equipment.16. "Maximum Permissible Payload" or "P" means the difference between maximum operating gross weight or rating and tare weight.ARTICLE III Application1. The present Convention applies to new and existing containers used in international transport, excluding containers specially designed for air transport.2. Every new container shall be approved in accordance with the provisions either for type-testing or for individual testing as contained in Annex I.3. Every existing container shall be approved in accordance with the relevant provisions for approval of existing containers set out in Annex I within 5 years from the date of entry into force of the present Convention.ARTICLE IV Testing, Inspection, Approval and MaintenanceFor the enforcement of the provisions in Annex I everyAdministration shall establish an effective procedure for the testing, inspection and approval of containers in accordance with the criteria established in the present Convention, provided however that an Administration may entrust such testing, inspection and approval to organizations duly authorized by it.1. An Administration which entrusts such testing, inspection and approval to an organization shall inform the Secretary-General of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as "the Organization") for communication to Contracting Parties.2. Application for approval may be made to the Administration of any Contracting Party.3. Every container shall be maintained in a safe condition in accordance with the provisions of Annex I.4. If an approved container does not in fact comply with the requirements of Annexes I and II the Administration concerned shall take such steps as it deems necessary to bring the container into compliance with such requirements or to withdraw the approval.ARTICLE V Acceptance of Approval1. Approval under the authority of a Contracting Party, granted under the terms of the present Convention, shall be accepted by the other Contracting Parties for all pui-poses covered by the present Convention. It shall be regarded by the other Contracting Parties as having the same force as an approval issued by them.2. A Contracting Party shall not impose any other structural safety requirements or tests on containers covered by the present Convention, provided however that nothing in the present Convention shall preclude the application of provisions of national regulations or legislation or of international agreements, prescribing additional structural safety requirements or tests for containers specially designed for the transport of dangerous goods, or for those features unique to containers carrying bulk liquids or for containers when carried by air. The term "dangerous goods" shall have that meaning assigned to it by international agreements.ARTICLE VI Control1. Every container which has been approved under article III shall be subject to control in the territory of the Contracting Parties by officers duly authorized by such Contracting Parties. This control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is significant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carrying out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service.2. Where the container appears to have become unsafe as a result of a defect which may have existed when the container was approved, the Administration responsible for that approval shall be informed by the Contracting Party which detected the defect.ARTICLE VII Signature, ratification, acceptance, approval and ac-cession1. 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 Organization at London by all States Members of the United nations or Members 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 Organization (hereinafter referred to as "the Secretary-Generaln).ARTICLE VIII Entry into force1. The present Convention shall enter into force twelve months from the date of the deposit of the tenth 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 tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force twelve months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.3. Any State which becomes a Party to the present Convention after the entry into force of an amendment shall, failing an expression of a different intention by that State.(a) be considered as a Party to the Convention as amended; and(b) be considered as a Party to the unamended Convention in relation to any Party to the Convention not bound by the amendment.ARTICLE IX Procedure for amending any part or parts of the presentconvention 1. The present Convention may be amended upon the proposal of a Contracting Party by any of the procedures specified in this article.2. Amendment after consideration in the Organization:(a) Upon the request of a Contracting Party, any amendment proposed by it to the present Convention shall be considered in the Organization. If adopted by a majority of two-thirds of those present and voting in the Maritime Safety Committee of the Organization, to which all Contracting Parties shall have been invited to participate and vote, suchamendment shall be communicated to all Members of the Organization and all Contracting Parties at least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate and vote when the amendment is considered by the Assembly.(b) If adopted by a two-thirds majority of those present and voting in the Assembly, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.(c) Such amendment shall come into force twelve months after the date on which it is accepted by two-thirds of the Contracting Parties. The amendment shall come into force with respect to all Contracting Parties except those which, before it comes into force, make a declaration that they do not accept the amendment.3. Amendment by a Conference:Upon the request of a Contracting Party, concurred in by at least one-third of the Contracting Parties, a Conference to which the States referred to in article VII shall be invited will be convened by the Secretary-General.ARTICLE X Special procedure for amending the Annexes1. Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organization at the request of that Party.2. If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization to which all Contracting Parties shall have been invited to participate and to vote, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, such amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.3. Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption unless, by a prior date determined by the Maritime Safety Committee at the same time, one-fifth or five of the Contracting Parties, whichever number is less, notify the Secretary-General of their objection to the amendment. Determination by the Maritime Safety Committee of the dates referred to in this paragraph shall be by a two-thirds majority of those present and voting, which majority shall include a two-thirds majority of the Contracting Parties present and voting.4. On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers; and objection made by a Contracting Party shall not be binding on other Contracting Parties as to acceptance of containers to which the present Convention applies.5. The Secretary-General shall inform all Contracting Parties andMembers of the Organization of any request and communication under this article and the date on which any amendment enters into force.6. Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a Conference to which the States referred to in article VII shall be invited. Upon receipt of notification of concurrence by at least one-third of the other Contracting Parties such a Conference shall be convened by the Secretary-General to consider amendments to the Annexes.ARTICLE XI Denunciation1. Any Contracting Party may denounce the present Convention by effecting the deposit of an instrument with the Secretary-General. The denunciation shall take effect one year from the date of such deposit with the Secretary-General.2. A Contracting Party which has communicated an objection to an amendment to the Annexes may denounce the presen