The Convention Of 2 December 1972 Over Safe Container Act

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

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Act to the Convention of 2. December 1972 on secure containers

unofficial table of contents

cSCG

date of delivery: 10.02.1976

full quote:

" Law 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) "

:Last modified by Art. 2 para. 2 G v. 7.8.2013 I 3154

See Notes

Footnote

(+ + + Text evidence: 18.2.1976 + + +)

for more details on the stand. name="BJNR202530976BJNE000100319 " />Non-Official Table of Contents

Input Formula

The Bundestag, with the approval of the Federal Council, has decided the following law: Non-Official Table of Contents

Art 1

Dem in Geneva on 5. The International Convention of 2 December 1972, signed by the Federal Republic of Germany, December 1972 on safe container (CSC) is agreed. The Agreement shall be published with its annexes hereafter. Non-official table of contents

Art 2

(1) The Federal Ministry of Transport, Building and Urban Development is authorized to make changes to the facilities of the Article X of the Convention, which relates to the establishment of new technical knowledge relating to the safety of containers used for international traffic or to the technical or administrative procedures to be followed, by legal regulation with the consent of the Federal Council.(2) The Federal Ministry of Transport, Building and Urban Development shall also be authorized to carry out a procedure in accordance with 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 Bundesrat.(3) Containers without a valid CSC Safety Admissions Shield (rule 1 of Appendix I of the Convention) may not be transported to or from the scope of this Act. Sentence 1 shall apply from the date on which the Federal Ministry of Transport, Building and Urban Development shall establish by means of a regulation with the consent of the Federal Council.(4) The Federal Ministry of Transport, Building and Urban Development, with the consent of the Federal Council, shall adopt the general administrative provisions necessary for the implementation of the Convention, of this Act and of the legal regulations based on it. 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. Non-official table of contents

Art 3

(1) The terms of the agreement apply to this law.(2) The granting and withdrawal of the authorisation (Article IV (1) of the Convention) and the control of the containers, including the following measures (Article IV (5) and Article VI of the Convention), are responsible for the Authorities designated by the State Governments or by 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, under section 11 of the Freight Transport Act, the border customs offices and other customs authorities responsible for checking the border.(3) If 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 establishment or its registered office shall be the competent authority of the Federal 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) In the case of containers the owners of which have their principal place of business or their registered office within the scope of this Act, which are responsible for the control of the verifications to be carried out by the owner pursuant to Rule 2 of Annex I to the Convention, the containers shall be subject to the the control authority responsible for the principal place of business or the seat referred to in the first sentence of paragraph 2.(5) (omitted) (6) Paragraph 5 shall apply mutatily to the Bundeswehr.(7) The authorisation authority may, in the case of inspection and inspection (Article IV (1) and (3) to (9) of Annex I to the Convention) of the container (Article II (1) of the Convention), the technical assistance of the Germanic Lloyds and the official be used by recognised experts or examiners in the field of motor vehicle traffic.(8) The Federal Ministry of Transport, Building and Urban Development is hereby authorized, with the consent of the Federal Council, to allow additional technical assistance within the meaning of paragraph 7, if and to the extent that this is necessary for a proper functioning of the Authorisation is required.(9) By way of derogation from paragraphs 2, 5 and 6, where tank containers for the transport of dangerous goods are authorised in accordance with the rules relating to the transport of dangerous goods, the competent authority shall also be responsible for the issue and withdrawal of the goods. Authorisation under this Act; the other tasks under this Act, except those referred to in Article 4, shall then be carried out by the authorities and bodies responsible for the relevant tasks in accordance with the provisions of this law. on the transport of dangerous goods. Non-official table of contents

Art 4

(1) The control authorities check, in accordance with Article VI of the Convention, whether the use of international traffic Container has a valid CSC security license plate. If a valid CSC safety registration plate does not exist, the control authority shall prohibit the further use of the container and release it only once its authorisation has been established. If the container is in a condition which constitutes an obvious 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 use. 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.In the cases referred to in the second and third sentences of paragraph 1, the border customs offices or other authorities of the customs administration responsible for control at the border shall also reject the containers.(3) Paragraphs 1 and 2 shall only apply after the entry into force of the legal regulation referred to in Article 2 (3). This does not apply to containers whose condition is an obvious threat to security. Non-official table of contents

Art 5

(1) The owner has the required checks on its containers (Rule 2 of Appendix I of the They must be carried out by themselves or carried out by a person who is experienced in dealing with containers. By checking the container's external inspection, 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 owner and the carrier shall no longer be allowed to use the container until the defects are remedied.(3) In addition to the CSC safety registration plate, the date (month and year) up to which the container is to be re-examined must be given in a legible form at least 10 mm in size.(4) The obligation to indicate the date of the next inspection on the container shall not apply where the competent control authority referred to in Article 3 (2), first sentence, at the request of the owner, is a "programme of ongoing review" (Rule 2 (3) of Annex I of the Annex I). 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 to attach at least 5 mm letters.(5) The verifications referred to in paragraph 1 shall not release the owner from the responsibility to remove any damage at any time, which must be remedied immediately for safety reasons.(6) The Federal Ministry of Transport, Building and Urban Development may, with the consent of the Federal Council, determine by means of a legal regulation that the inspections of the containers by the owner, as required under Rule 2 of Annex I to the Convention, shall be determined by the Federal Ministry of Transport Shall be prepared, kept and submitted to the inspection authority on request, where this is necessary to ensure proper maintenance 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, stating the country of registration and the marketing authorisation name of the control authority; it may be requested that visual inspection should also extend to the inside of the container. Non-official table of contents

Art 6

(1) For the CSC Safety Registration tag (Appendix I to Appendix I of the Convention), share the Marketing authorisation authorities to the applicant, which shall start as follows:
D-BW-,
BayernD-BY-,
Berlin D-BE-,
BrandenburgD-BB-,
Bremen D-HB-,
HamburgD-HH-,
Hessen D-HE-,
Mecklenburg-VorpommernD-MV-,
Niedersachsen D-NI-,
Nordrhein-WestfalenD-NW-,
Rheinland-Pfalz D-RP-,
SaarlandD-SL-,
Saxony D-SN,-
Sachsen-AnhaltD-ST-,
Schleswig-Holstein D-SH-,
ThüringenD-TH-.
The Deutsche Bundespost is the corresponding beginning of the approval label
the lettersD-BP-,
The BundeswehrD-Y-.
(2) Is the approval of existing containers (Article II (9) and Rule 9 of Appendix I of the Convention) Manufacturer-identification number not known (point 3 of the Annex to Annex I to the Convention), the approval authorities shall notify such a number with the following initial letters:
Baden-WürttembergBW-,
BayernBY-,
BerlinBE-,
BrandenburgBB-,
BremenHB-,
HamburgHH-,
HessenHE-,
Mecklenburg-VorpommernMV-,
NiedersachsenNI-,
Nordrhein-WestfalenNW-,
Rhineland-PalatinateRP-,
SaarlandSL-,
SachsenSN-,
Sachsen-AnhaltST-,
Schleswig-HolsteinSH-,
ThüringenTH-.
Deutsche Bundespost is running an unknown
Manufacturer Identification Number 
the initial lettersBP-,
the Bundeswehr Y-.
(3) If a tank container is intended for the transport of dangerous goods, the competent authority in accordance with Article 3 (9) of this law shall issue an authorisation name that begins with the letter "D". Where such existing tank containers (Article II (9) and (9) of Annex I to the Convention) do not know the manufacturer identification number (point 3 of the Annex to Annex I to the Convention), the approval authority shall notify a such number.(4) In the case of the CSC Safety Admission sign, if required under Rule 1 (3) of Annex I to the Convention, the
line 7 shall be in English: " END WALL STRENGTH ... P ", in French:" RESISTANCE DE LA PAROI D' EXTREMITE ... P ",
line 8 in English:" SIDE WALL STRENGTH ... P ", in French:" 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). Non-official table of contents

Art 7

(1) Contrary to the order, who intentionally or negligently
1.
contrary to article 2 para. 3, a container without a valid CSC security license plate in or out of
2.
contrary to Article 5 (1), do not check or verify a container in accordance with Article 5 (1), or not to verify it
3.
as owner or carrier contrary to Article 5 (2) uses the container,
4.
as owner or person commissioned by it, contrary to article 5, para. 3, the date of re-examination is not correctly specified,
5.
as the owner or person commissioned by him, affix "ACEP-D" to a container without being entitled to it in accordance with Article 5 (4) sentence 3, or
6.
a legal regulation under Article 5 (6) is contrary to the provisions of Article 5 (6) insofar as it refers to this fine for a certain amount of action.
(2) The administrative offence can be a fine of up to two thousand five-euro coins.(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 Land Government by means of a decree law. The provincial government may transfer the authorisation to the competent supreme state authority.(4) Where an infringement referred to in paragraph 1 is committed in the carriage of a container on the road in a company which has neither its registered office nor a commercial establishment within the scope of the law, and has also the person concerned in the The Federal Office for the Transport of Goods is not domicated by the law, which is the administrative authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences. Non-official table of contents

Art 8

(1) For official acts, exams, and surveys according to this law, and according to the law based on this law Legal orders are levied by the person who initiates the act of office or in the benefit of which it is charged (fees and expenses). 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 Administrative Cost Act in the up to 14. The current version will be applied in August 2013.(2) The Federal Ministry of Transport, Building and Urban Development is authorized to further determine the chargeable facts with the consent of the Federal Council by means of a legal regulation and to provide fixed fee rates or framework rates. 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, an adequate 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 expenses to be reimburzed, a advance obligation, the due date and the limitation of the costs, the exemption from the obligation to pay, in particular for Companies with a registered office outside the scope of this Act to the extent that reciprocity is guaranteed, as well as the collection procedure by way of derogation from the Administrative Costs Act in the up to 14. The current version will be governed by the current version. Nonofficial table of contents

Art 9

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Art 11

(1) This law enters into force on the day after it is announced.(2) The date on which the Convention enters into force for the Federal Republic of Germany in accordance with its Article VIII shall be published in the Federal Law Gazly.(3) The Federal Ministry of Transport, Building and Urban Development is authorized to make known the text of the Convention and of the annexes in the valid version in each case.