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Law on the Convention of 2 December 1972 on Safe Containers

Original Language Title: Gesetz zu dem Übereinkommen vom 2. Dezember 1972 über sichere Container

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Law on the Convention of 2 December 1972 on Safe Containers

Unofficial table of contents

CSCG

Date of completion: 10.02.1976

Full quote:

" Act to the Convention of 2 December 1972 on Safe Containers of 10 February 1976 (BGBl. 253), which was last amended by Article 2 (2) of the Law of 7 August 2013 (BGBl. I p. 3154).

Status: Last amended by Art. 2 sec. 2 G v. 7.8.2013 I 3154

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 18.2.1976 + + +) 

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

Species 1

The International Convention of 2 December 1972 on Safe Containers (CSC), signed in Geneva on 5 December 1972 by the Federal Republic of Germany, has been approved. The Agreement shall be published with its annexes hereafter. Unofficial table of contents

Type 2

(1) The Federal Ministry for Transport, Building and Urban Development is authorized to amend the annexes to the Convention as set out in Article X thereof, which shall provide for the implementation of new technical knowledge with regard to the security of the international (2) The Federal Ministry of Transport, Building and Urban Development will be responsible for the application of the law with the consent of the Federal Council. (2) shall also authorise a procedure pursuant to Article IV of the Convention for the Examination, inspection and approval of the containers in accordance with the criteria laid down in the Convention by means of a legal regulation with the consent of the Federal Council. (3) Containers without a valid CSC safety registration plate (Rule 1 of the Annex I to the Convention) may not be carried into or out of the scope of this Act. Sentence 1 shall apply from the date of application by the Federal Ministry of Transport, Building and Urban Development by means of a legal regulation with the consent of the Bundesrat. (4) The provisions of the Convention, of this Act and of the Federal Council, which are to be implemented by the Federal Ministry for Transport, Building and Urban The Federal Ministry of Transport, Building and Urban Development, with the approval of the Federal Council, is responsible for the general administrative provisions of the general administrative regulations. The Federal Council does not require the consent of the Federal Council to the extent that the general administrative provisions are addressed to federal authorities. Unofficial table of contents

Art 3

(1) The terms of the Convention shall apply to this Act. (2) The granting and withdrawal of the authorisation (Article IV (1) of the Convention) and the control of the containers, including the following, shall apply. Measures (Article IV (5) and Article VI of the Convention) are those authorities designated by the State Governments or the bodies designated by them. In addition, the Federal Office of Goods Transport (Bundesamt für Güterverkehr) is entitled to carry out checks on the containers in accordance with the first sentence of the first sentence. (3) The Federal Office for the Transport of Goods is entitled to carry out checks at the border customs offices and other authorities responsible for checking the border. (3) Where the application for authorisation is lodged in accordance with Article IV (3) of the Convention within the scope of this Act, the authority of the Federal State in which the applicant has its principal place of business or its registered office shall be the competent authority of that State. The authority designated by the Free and Hanseatic City of Hamburg shall be responsible for the principal place of establishment or seat outside the scope of this Act. The applicant may be the manufacturer of the container, the owner or the manufacturer for which the container is manufactured. (4) Responsible for the control of the inspections to be carried out by the owner under Rule 2 of Annex I to the Convention. in the case of containers whose owners have their principal place of business or their registered office within the scope of this Act, the control authority responsible for the principal establishment or the seat referred to in the first sentence of paragraph 2. (5) (omitted) (6), paragraph 5 shall apply: according to the Bundeswehr. (7) The registration authority can take part in the examination and Inspection (Article IV (1) and (3) to (9) of Annex I to the Convention) of the containers (Article II (1) of the Convention) of the technical assistance of the Germanic Lloyds and of the officially recognised experts or examiners for the (8) The Federal Ministry of Transport, Building and Urban Development is authorized to allow additional posts as technical assistance within the meaning of paragraph 7 by means of a regulation with the consent of the Federal Council if and to the extent that: this is necessary for proper authorisation. (9) If tank containers are to be used for the By way of derogation from paragraphs 2, 5 and 6, the competent authority shall also be responsible for the granting and withdrawal of the authorisation under this Act, by way of derogation from paragraphs 2, 5 and 6. The other tasks under this Act, except those referred to in Article 4, shall then be carried out for these tank containers by the authorities and bodies responsible for the relevant tasks in accordance with the provisions relating to transport of dangerous goods. Unofficial table of contents

Species 4

(1) The inspection authorities shall, in accordance with Article VI of the Convention, examine whether the container used in international transport bears a valid CSC safety registration plate. If a valid CSC safety certificate is not available, the control authority shall prohibit the further use of the container and only release it if its authorisation has been established. If the container is in a condition which constitutes a manifest danger to safety, the control authority shall prohibit the further use of the container and shall not release it again until such time as the container has been used for the purpose of the container. Complaints have been fixed. Where a withdrawal of authorisation appears to be necessary (Article IV (5) of the Convention), the supervisory authority shall take the necessary measures to ensure that the withdrawal of the authorization may be applied to the authority which has issued the authorisation. (2) In the cases In addition, the second sentence of paragraph 1 shall be referred to the border customs offices or other authorities of the customs administration responsible for control at the border. (3) paragraphs 1 and 2 shall not apply until after the entry into force of the Regulation Article 2 (3). This does not apply to containers whose condition is an obvious threat to security. Unofficial table of contents

Species 5

(1) The owner shall carry out the prescribed verifications of his containers (Rule 2 of Annex I of the Convention) himself or have it carried out by a person who is experienced in dealing with containers. By means of incoming external inspection of the container, the person carrying out the inspection has to determine whether the container has defects which may pose a risk to persons. The review also has to cover whether the CSC Safety Admission Shield is attached to the container and complies with the requirements. (2) If the container has deficiencies which may pose a risk to persons, the container must not be covered by the container. The owner and the carrier no longer use the container until the defects have been remedied. (3) In addition to the CSC safety registration plate, the date (month and year) to which the container is to be re-examined must be at least 10 mm large numbers are given in a legible form. (4) The duty, the date of the to indicate the next inspection on the container, if the competent control authority referred to in the first sentence of Article 3 (2) has approved, at the request of the owner, a "programme of ongoing review" (Rule 2 (3) of Annex I to the Convention). The authorisation shall be granted if the owner proves that his inspection programme meets at least the frequency and diligence requirements referred to in paragraph 1. If the authorisation is granted, the owner shall be entitled to the "ACEP-D" marking on the containers subject to his obligation to keep under control, either in line 9 of the CSC safety registration plate or immediately adjacent to the sign in (5) The verifications referred to in paragraph 1 shall not release the owner from the responsibility at any time to remove any damage which must be remedied without delay for safety reasons. (6) Federal Ministry of Transport, Building and Urban Development may be replaced by Approval of the Federal Council shall determine that the inspections of the containers prescribed in accordance with Rule 2 of Annex I to the Convention shall be made by the owner, shall be kept and submitted to the inspection authority upon request if: this is necessary in order to ensure proper entertainment and the required inspections of the containers. Under this condition, the owner with principal place of business or registered office within the scope of this law may be abandoned, the container subject to his obligation to keep under his obligation, indicating the country of registration and the authorisation name of the container. control authority; it may be requested that visual inspection should also extend to the inside of the container. Unofficial table of contents

Species 6

(1) For the CSC Safety Admission Shield (Annex to Regulation 1 of Annex I to the Convention), the marketing authorisation authorities shall notify the applicant of a marketing authorisation name which shall begin as follows:
Baden-Württemberg D-BW-,
Bavaria D-BY,
Berlin D-BE-,
Brandenburg D-BB-,
Bremen D-HB-,
Hamburg D-HH-,
Hesse D-HE-,
Mecklenburg-Vorpommern D-MV-,
Lower Saxony D-NI-,
North Rhine-Westphalia D-NW-,
Rhineland-Palatinate D-RP-,
Saarland D-SL-,
Saxony D-SN,-
Saxony-Anhalt D-ST-,
Schleswig-Holstein D-SH-,
Thuringia D-TH-.
The Deutsche Bundespost (Deutsche Bundespost) is the first to lead the registration name
the letters D-BP-,
the Bundeswehr D-Y-.
(2) Where the approval of existing containers (Article II (9) and (9) of Annex I to the Convention) is not known as the manufacturer identification number (point 3 of the Annex to Annex I to the Convention), the approval authorities shall inform the competent authorities of the competent authorities of the manufacturer. such a number with the following initial letters:
Baden-Württemberg BW,
Bavaria BY-,
Berlin BE,
Brandenburg BB-,
Bremen HB-,
Hamburg HH,
Hesse HE-,
Mecklenburg-Vorpommern MV,
Lower Saxony NI-,
North Rhine-Westphalia NW,
Rhineland-Palatinate RP-,
Saarland SL,
Saxony SN-,
Saxony-Anhalt ST,
Schleswig-Holstein SH-,
Thuringia TH-.
The Deutsche Bundespost (German Federal Post Office)
Manufacturer Identification Number
the initial letters BP,
the Bundeswehr Y.
(3) Where a tank container is intended for the transport of dangerous goods, the competent authority referred to in Article 3 (9) of that law shall issue an authorisation name which begins with the letter 'D'. Where the manufacturer identification number is not known (point 3 of the Annex to Annex I to the Convention) for existing tank containers (Article II (9) and Regulation (9) of Annex I to the Convention), the authorisation authority shall notify a such number. (4) The CSC Safety Admission Shield shall be the case, provided that this is required under Rule 1 (3) of Annex I to the Convention, which:
Line 7 in English: " END WALL STRENGTH ... P ", in French language:" RESISTANCE DE LA PAROI D' EXTREMITE ... P ",
Line 8 in English: " SIDE WALL STRENGTH ... P ", in French language:" RESISTANCE DE LA PAROI LATERALE ... P". (5) On the CSC safety registration plate, the indication in line 9 (month, year of the re-examination) is omitted if these data are given as close as possible to the CSC safety registration plate (Rule 2 (3) of Annex I of the Annex I). Convention). Unofficial table of contents

Species 7

(1) Contrary to the law, those who intentionally or negligently act
1.
, contrary to Article 2 (3), a container without a valid CSC safety registration plate is transported in or out of the scope of this Act,
2.
, contrary to Article 5 (1), does not allow a container to be checked or not checked in accordance with the rules of the container,
3.
the owner or carrier uses the container in accordance with Article 5 (2);
4.
the owner or the person who has been assigned by him, contrary to Article 5 (3), does not indicate the date of re-examination,
5.
, as the owner or the person designated by him, affix "ACEP-D" to a container without being entitled to do so pursuant to the third sentence of Article 5 (4), or
6.
a legal regulation pursuant to Article 5 (6), in so far as it refers to this fine for a particular case.
(2) The administrative offence may be punished with a fine of up to two thousand five-round euros. (3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the authority designated by the State Government Legal Regulation. The State Government may delegate the authorisation to the competent supreme authority. (4) If an infringement referred to in paragraph 1 is committed in the transport of a container on the road in a company that is within the scope of the In the sense of Section 36 (1) (1) of the Law on Administrative Offences, the law does not have a registered office or a business establishment, and the person concerned does not have any residence within the scope of the law. Federal Office of Goods Transport. Unofficial table of contents

Art 8

(1) In the case of official acts, examinations and inspections under this Act, and in accordance with the provisions of the law based on this Act, the person who initiates or is in charge of the act shall be charged (fees and charges). Deposits). The creditor is the legal entity whose authority carries out the act of office, and also the legal entity with whose authority the expenses have been incurred. The Federal Ministry of Transport, Building and Urban Development is authorized by the Federal Ministry of Transport, Building and Urban Development to implement the chargeable event with the approval of the Federal Council. Regulation of the Law on the Rights of the European Union. The rates shall be calculated in such a way that, on the one hand, between the amount of the fee taken into account for the administrative burden and the importance, economic value or other benefits of the act, on the other hand, a reasonable proportion of the fee shall be charged. . The fees may not exceed five hundred Deutsche Mark in all other cases in the withdrawal of the approval of containers eight hundred German marks. (3) In the legal regulation referred to in paragraph 2, the cost creditor, the extent of the costs, the amount of the costs, the amount of the costs, the amount of the costs, the amount of the costs, the amount of the the expenses to be reimburzed, a advance obligation, the due date and the limitation of costs, the exemption from the obligation to pay, in particular for undertakings with a registered office outside the scope of this Act to the extent that the reciprocity, as well as the collection procedure by way of derogation from the Administrative costs law will be regulated in the version valid until 14 August 2013. Unofficial table of contents

Art 9

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Species 10

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Art 11

(1) This Act shall enter into force on the day following its announcement. (2) The date on which the Convention enters into force for the Federal Republic of Germany pursuant to its Article VIII shall be published in the Bundesgesetzblatt. (3) The Federal Ministry of Justice Transport, construction and urban development are authorized to make known the text of the Convention and of the annexes in the version in force.