The Convention Of 2 December 1972 Over Safe Container Act

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

Read the untranslated law here: http://www.gesetze-im-internet.de/cscg/BJNR202530976.html

Law to the Convention of December 2, 1972, through secure container CSCG Ausfertigung date: 10.02.1976 full quotation: "law to the Convention of December 2, 1972, through safe container of 10 February 1976 (BGBl. 1976 II S. 253), most recently by article 2 paragraph 2 of the law of 7 August 2013 (BGBl. I p. 3154) is changed" stand: last amended by article 2 para 2 G v. 7.8.2013 3154 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : 18.2.1976 +++) input formula the Bundestag approved the following law with the consent of the Bundesrat: type 1 which in Geneva on December 5, 1972 by the Federal Republic of Germany signed International Convention on safe containers (CSC), December 2, 1972 is approved. The Convention will be published below with its facilities.

Type 2 (1) which is the Federal Ministry of transport, building and urban development authorised amendments of the annexes of the Convention according to article X, to enforce that the implementation of new technical knowledge with regard to the safety of serving international traffic containers or which relate to the technical or administrative procedures to be applied by decree with the consent of the Federal Council.
(2) the Federal Ministry of transport, building and urban development is also authorized to prescribe a procedure in accordance with article IV of the Convention for the examination, inspection and approval of containers according to the criteria laid down in the Convention by decree with the consent of the Federal Council.
(3) container without valid CSC safety approval plate (rule 1 of the annex I of the Convention) may be carried not in or from the area of application of this Act. Sentence 1 is from the application date, set by the Federal Ministry for transport, building and urban development Ordinance with the consent of the Federal Council.
(4) the Federal Ministry for transport, building and urban development with the consent of the Federal Council shall issue the General management regulations required for the implementation of the Convention, this Act and the regulations based on it. The consent of the Federal Council there is no need, as far as the General administrative provisions to federal authorities are directed.

Type 3 (1) of this Act, the definitions of the Convention shall apply.
(2) those authorities which are determined by the provincial governments or the bodies designated by them are responsible for the granting and withdrawal of authorisation (article IV, paragraph 1, of the Convention), as well as for the control of the container including the ensuing measures (article IV paragraph 5 and article VI of the Convention). The Federal Office for freight transport in the context of § 11 of the goods transport law, the border customs offices, and others for the control on the border entitled competent bodies of the customs administration are also checks of the containers pursuant to sentence 1.
(3) approval shall be paragraph 3 of the Convention in the area of application of this Act pursuant to article IV, as the authority of the Federal State is responsible, in which the applicant has its principal place of business or its seat. At Headquarters or seat outside the scope of this Act, the authority is determined by the free and Hanseatic City of Hamburg is responsible. Applicant can the manufacturer of the container, the owner or the one be, for which the container is made.
(4) responsible for controlling the carried out by the owner checks under rule 2 of Appendix I of the Convention is in containers, owned by have their principal place of business or their seat within the territorial scope of this Act, the authority competent for the main office or the Office referred to in paragraph 2 set 1 (5) (dropped out) (6) paragraph 5 shall apply accordingly for the Bundeswehr.
(7) the approval authority can use when checking and inspection (article IV sec. 1 and rule 3 to 9 of annex I of the Convention) container (article II No. 1 of the Convention) of the technical assistance of the Germanischer Lloyds and the officially recognised expert or tester for automobile traffic.
(8) the Federal Ministry of transport, building and urban development is authorized by decree with the consent of the Federal Council to allow additional positions as technical assistance within the meaning of paragraph 7, if and insofar as this is necessary for a proper approval.
(9) tank container be approved for the transport of dangerous goods according to the regulations concerning the carriage of dangerous goods, as the competent authority is responsible 5 and 6 also for the granting and withdrawal of approval under this Act by way of derogation from paragraphs 2, which are referred to in article 4 - then for this tank containers by the authorities excluded the remaining tasks under this Act – and perceived bodies, who are responsible for the appropriate tasks under the rules on the transport of dangerous goods.

The authorities check type 4 (1) pursuant to article VI of the Convention, whether in international traffic, a valid CSC safety approval plate bears used container. A valid CSC safety approval plate is not present, so the authority to prohibit the further use of the container and only release him if his registration has been proven. The container is located in a State that represents an obvious risk to safety, the authority has to prohibit further use of the container and only to be used to release him, if the complaints are resolved. A withdrawal of the approval is necessary (article IV paragraph 5 of the Convention), so the authority causes the required, so withdrawing the authority which has issued the approval can be requested.
(2) in the cases of paragraph 1 sentence 2 and 3 should also the border customs offices or other responsible for control at the border customs that reject container.
(3) paragraphs 1 and 2 apply only after entry into force of the regulation referred to in article 2 (3). This shall not apply in the case of containers, which the State represents an obvious threat to safety.

Art 5 (1) the owner has even the required inspections of its container (rule 2 of Appendix I of the Convention) carried or to be carried out by a person experienced in the handling of containers. By incoming external visual inspections of the containers, the person performing the examination has to determine whether the container has shortcomings, which can represent a danger to persons. The review has also to cover, whether the CSC safety approval plate to the container is in order and complies with the requirements.
(2) the container has shortcomings, which can represent a danger for people, so the owners and the carrier may not use the container until the deficiencies.
(3) in addition to the CSC safety approval plate the date (month and year), to which the container of a re-examination is to undergo must be specified with at least 10 mm large digits always readable.
(4) the duty to indicate the date of the next review on the container is cancelled, if under article 3 para 2 sentence 1 competent authority at the request of the owner a "Program of ongoing review" (rule 2 No. 3 of annex I of the Convention) has approved. The approval is granted if the owner proves that its verification program meets at least the requirements referred to in paragraph 1 with respect to frequency and care. The approval is granted, the owner is entitled to affix the marking "ACEP-D" in line 9 of the CSC safety approval plate or directly next to the plate in at least 5 mm in big letters on the containers subject to his obligation to entertainment.
(5) the checks referred to in paragraph 1 release the owners not the responsibility, to repairing damage that must be addressed immediately for safety reasons at any time.
(6) the Federal Ministry of transport, building and urban development can determine by decree with the consent of the Bundesrat, that about the checks prescribed in accordance with regulation 2 of annex I of the Convention of the container by the owner notices are produced, stored and submitted to the authority on request, if this is necessary to ensure of the proper entertainment and the required inspections of the containers. Under this condition can be, abandoned the owners principal place of business or Office within the territorial scope of this Act to inform the subject of entertainment duty container, specifying the country of registration and authorisation designation of the supervisory authority; It may be required that the Visual inspection on the Interior of the container has stretch.

The share type 6 (1) for the CSC safety approval plate (annex to rule 1 of the annex I of the Convention) regulatory authorities to the applicant an approval label that begins as follows: Baden-Württemberg D-BW-, Bavaria D-BY-, Berlin D-BE-, Brandenburg D-BB-, Bremen D-HB-, Hamburg D-HH-, Hesse D Hey-, Mecklenburg-Western Pomerania D-MV-, Lower Saxony D-NI-, Nordrhein-Westfalen D-NW-, Rheinland-Pfalz D-RP-, Saarland D-SL-, Saxony D-SN Saxony-Anhalt D-ST-, Schleswig-Holstein D-SH-, Thuringia, Germany D-TH-.
The German Federal Post Office leads the letters D-BP-, the Bundeswehr D-Y - as a appropriate beginning of the approval label.
(2) so the regulatory authorities the manufacturer's identification number is in the approval of existing container (articles II para 9 and rule 9 of annex I of the Convention) not known (number 3 of the annex to the annex I of the Convention), allocate a number with the following letter: Baden-Württemberg BW Bavaria bypass, Berlin loading, Brandenburg BB, Bremen HB, HV, Hesse HE-, Mecklenburg-Western Pomerania MV, Lower Saxony, Germany level , North Rhine-Westphalia NW, Rhineland-Palatinate RP, SL-Saarland, Saxony SN, Saxony-Anhalt St, Schleswig-Holstein sh, Thuringia th.
The German Federal Post Office leads the initials BP, the Bundeswehr y at unknown manufacturer's identification number.
(3) a tank containers for the transport of dangerous goods is determined, which granted pursuant to article 3 paragraph 9 of this Act authority a certification label that starts with the letter "D". The manufacturer's identification number is not known for such existing tank containers (articles II para 9 and rule 9 of annex I of the Convention) (number 3 of the annex to the annex I of the Convention), the approval authority shall assign such a number.
(4) on the CSC safety approval plate the row 7 in the English language are, if this 1 paragraph 3 of annex I of the Convention under rule is required,: "END WALL STRENGTH..." P", in French:"RESISTANCE DE LA PAROI D ' EXTREMITE... P", line 8, in English:" SIDEWALL STRENGTH... " P", in French:" RESISTANCE DE LA PAROI lateral... " P".
(5) the indication line required on the CSC safety approval plate 9 (month, year of the renewed checks), when given them as close as possible of the CSC safety approval plate data (rule 2 paragraph 3 of annex I of the Convention).

Is art 7 (1) any person who willfully or negligently 1 contrary to article 2 par. 3 promoted a container without valid CSC safety approval plate into or out of the scope of this Act, 2. contrary to article 5 a container not or not properly checked para 1 or does not verify, 3. as owner or carrier contrary to article 5 paragraph 2 uses the container, 4 as the owner or his commissioned person contrary to article 5 paragraph 3 specifies the date of the review improperly , 5 as owner or person authorized by him to a container affix the marking "ACEP-D" without to pursuant to article 5 paragraph 4 sentence 3, or 6 a regulation pursuant to article 5 paragraph 6 is contrary to as far as reference for a particular offense on this fine provision.
(2) the offence can be punished with a fine up to zweitausendfünfhunder euro.
(3) administrative authority no. 1 of the code of administrative offences is the authority which is determined by the State Government by Decree in the sense of § 36 para 1. The provincial government can confer the empowerment on the Supreme authority of the country.
(4) an infringement is committed according to paragraph 1 for the transport of a container on the road in an enterprise which has neither established nor a business establishment within the scope of the law, and also the person concerned within the scope of the Act does not reside, so managing authority is the Federal Office for goods transport in the sense of § 36 para 1 No. 1 of the code of administrative offences.

Type 8 (1) for official acts, tests and inspections under this Act and the regulations based on this law costs (fees and expenses) imposed by the person causing the acts or in whose favor it is made. Cost creditors is the legal entity, whose Behörde makes the official act, at the expenses of the legal entity, on whose authority the expenses incurred. The administrative costs act in force until the 14th of August 2013 amended applies.
(2) the Federal Ministry of transport, building and urban development is authorized to determine the chargeable offences with the consent of the Federal Council Ordinance and to provide for this fixed rate or frame rates. The tariffs are to be such that the amount taken into account the administrative burden the fee on the one hand, and the importance of a balance between the economic value or the other benefits of the Act, on the other hand. Eight hundred Deutsche mark, in all other cases the fees may not exceed five hundred Deutsche mark with the withdrawal of the authorisation of containers.
(3) in the regulation referred to in paragraph 2 the Kostengläubigerschaft, the amount of expenses to be reimbursed, an obligation to advance, the due date and the validity of expenses claims, waiver of costs, particularly for companies with headquarters outside the scope of this law as far as reciprocity is guaranteed, as well as the collection procedure of the administrative expenses Act in force until August 14, 2013 amended can be controlled.

Type 9 - type 10 - art 11 (1) this Act enters into force on the day after its promulgation.
(2) the date on which the Convention enters into force pursuant to its article VIII for the Federal Republic of Germany, is to announce in the Federal Law Gazette.
(3) the Federal Ministry of transport, building and urban development is authorized to disclose the text of the Convention and of the facilities in the currently valid version.