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RS 0.631.250.12 European Convention of 9 December 1960 on the Customs regime of pallets used in international transport

Original Language Title: RS 0.631.250.12 Convention européenne du 9 décembre 1960 relative au régime douanier des palettes utilisées dans les transports internationaux

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0.631.250.12

European Convention on the Customs regime of pallets used in international transport

Concluded at Geneva on 9 December 1960

Approved by the Federal Assembly on 7 March 1963 1

Instrument of ratification deposited by Switzerland on 24 April 1963

Entry into force for Switzerland 23 July 1963

(State on 23 February 2011)

The Contracting Parties,

The extension of the use of pallets in international transport, in particular by the use of these devices in common,

Wishing to facilitate and reduce the cost of international transport,

Agreed to the following:

Chapter I General provisions

Art. 1

For the purposes of this Convention:

(a)
"Entry fees and taxes", not only customs duties, but also any duties and taxes owing as a result of the import;
(b)
"Pallet" means a device on the floor of which a certain quantity of goods may be grouped in order to constitute a load unit for the purpose of transport or for the purpose of handling or stacking it with mechanical appliances. This device consists either of two floors connected to each other by a strut, or a floor resting on feet; its total height is as small as possible while allowing the handling by forklift trucks or Transpalettes; it may or may not have a superstructure;
(c)
By "persons", both natural persons and legal persons.

(2) This Convention shall apply to pallets imported into the territory of a Contracting Party from the territory of another Contracting Party.

Art. 2

(1) Each Contracting Party shall allow the import pallets to be imported free of import duties and taxes, without prohibitions or import restrictions, provided that:

(a)
They were previously exported or re-exported; or
(b)
That an equal number of pallets of the same type and of substantially equal value have been exported in advance or exported later.

2. Subject to the provisions of Article 3 of this Convention, the procedure and arrangements for the application of the regime provided for in paragraph 1 of this Article shall be determined by the rules of each Contracting Party. In particular, this regulation may include provisions to prevent the import of more pallets from being imported as a definitive duty free of duties and taxes, which it has not been or will not be exported.

(3) Each Contracting Party shall endeavour to apply formalities as simple as possible and, in particular, not to require the establishment of a guarantee of entry fees and taxes.

Art. 3

Each Contracting Party shall apply the provisions of paragraph 1 of Article 2 of this Convention without requiring imports and exports or the production of a customs document or the establishment of a guarantee of rights And taxes of entry to the pallets used in common under an agreement under which participants in the agreement:

(a)
Exchange with each other, from country to country, pallets of the same type on the occasion of operations involving international transport of goods,
(b)
Maintain, by type of pallets, the count of the number of pallets so exchanged from country to country, and
(c)
Undertake to carry out, within a specified period, the number of pallets, of each type necessary to compensate, at periodic intervals, on a bilateral or multilateral basis, the balances of accounts thus kept.

2. The provisions of paragraph 1 of this Article shall be applied only:

(a)
If the pallets are marked in accordance with the common use agreement, and
(b)
Whether the common use agreement has been communicated to the customs administrations of the Contracting Parties concerned and if they found it acceptable, estimating the types of pallets sufficiently defined and the correct implementation of the agreement Sufficiently guaranteed.
Art. 4

Each Contracting Party reserves the right to collect the domestic duties and taxes and, where applicable, the entry into force in its country for the pallets which have been the subject of a purchase or a similar contract of the Contracting Party. Share of persons domiciled or established in its territory.

Each Contracting Party also reserves the right to refuse, for pallets exported under this Convention, the return of duties or taxes or the granting of any or all other benefits, if any Export.

Art. 5

This Convention does not preclude the granting of imports and exports of pallets of facilities larger than those provided for therein.

Chapter II Final provisions

Art. 6

The member countries of the Economic Commission for Europe and the countries admitted to the Commission in an advisory capacity in accordance with paragraph 8 of the terms of reference of that Commission may become Contracting Parties to this Convention

(a)
By signing,
(b)
By ratifying it after having signed it, subject to ratification, or
(c)
By adhering to it.

2. Countries which may participate in certain work of the Economic Commission for Europe pursuant to paragraph 11 of the terms of reference of that Commission may become Contracting Parties to this Convention by acceding to it after its entry In force.

3. This Convention shall be open for signature until 15 March 1961 inclusive. After that date, it will be open for accession.

4. Ratification or accession shall be effected by the deposit of an instrument with the Secretary-General of the United Nations.

Art. 7

(1) This Convention shall enter into force on the ninetieth day after five of the countries mentioned in paragraph 1 of Article 6 have signed it without reservation as to ratification or have deposited their instruments of ratification or accession.

2. For each country ratifying or acceding to it after five countries have signed it without reservation of ratification or have deposited their instruments of ratification or accession, this Convention shall enter into force on the ninetieth day which Shall follow the deposit of the instrument of ratification or accession of that country.

Art. 8

Each Contracting Party may denounce this Convention by notification addressed to the Secretary-General of the United Nations.

(2) The denunciation shall take effect fifteen months after the date on which the Secretary-General has received such notification.

Art.

This Convention shall cease to have effect if, after its entry into force, the number of Contracting Parties is less than five for any period of twelve consecutive months.

Art. 10

1. Any country may, when signing this Convention without reservation to ratify or at the deposit of its instrument of ratification or accession or at any later time, declare by notification addressed to the Secretary-General of The United Nations, that this Convention shall be applicable to all or part of the territories it represents on the international level. This Convention shall be applicable to the territory or territories mentioned in the notification as from the ninetieth day after receipt of such notification by the Secretary-General or, if so far this Convention is not From the date of its entry into force.

(2) Any country which has made, in accordance with the preceding paragraph, a declaration which has the effect of making this Convention applicable to a territory which it represents on the international level may, in accordance with Article 8 thereof, denounce the Present Convention in respect of that territory.

Art. 11

1. Any dispute between two or more Contracting Parties concerning the interpretation or application of this Convention shall, as far as possible, be settled by negotiation between the Parties in dispute.

(2) Any dispute which has not been settled by negotiation shall be referred to arbitration if any of the Contracting Parties in dispute so requests and shall, accordingly, be referred to one or more arbitrators chosen by mutual agreement Parties in dispute. If, within three months of the date of the request for arbitration, the disputing Parties are unable to agree on the choice of an arbitrator or arbitrators, any such Party may request the Secretary-General of the United Nations To appoint a sole arbitrator to which the dispute shall be referred for decision.

The award of the arbitrator or arbitrators designated in accordance with the preceding paragraph shall be binding on the Contracting Parties in dispute.

Art. 12

1. Any country may, at the time of signing or ratifying this Convention or acceding to it, declare that it does not consider itself bound by paragraphs 2 and 3 of Article 11 of this Convention. The other Contracting Parties shall not be bound by those paragraphs with respect to any Contracting Party which has made such a reservation.

(2) Any Contracting Party which has made a reservation in accordance with paragraph 1 of this article may at any time raise this reservation by notification addressed to the Secretary-General.

With the exception of the reservation provided for in paragraph 1 of this Article, no reservation to this Convention shall be permitted.

Art. 13

After the present Convention has been in force for three years, any Contracting Party may, by notification addressed to the Secretary-General of the United Nations, request the convening of a conference to review This Convention. The Secretary-General shall notify all Contracting Parties of this request and shall convene a Review Conference if, within four months from the date of the notification addressed by him, at least one third of the Contracting Parties Signify their consent to this request.

(2) If a conference is convened in accordance with the preceding paragraph, the Secretary-General shall notify all Contracting Parties and invite them to submit, within a period of three months, the proposals they would like to see examined by the The conference. The Secretary-General shall communicate to all Contracting Parties the provisional agenda of the Conference, as well as the text of those proposals, at least three months before the opening date of the Conference.

The Secretary-General shall invite to any conference convened in accordance with this Article all the countries referred to in paragraph 1 of Article 6 of this Convention, as well as the countries which have become Contracting Parties in accordance with paragraph 2 of this Convention. Article 6.

Art. 14

Any Contracting Party may propose one or more amendments to this Convention. The text of any proposed amendment shall be communicated to the Secretary-General of the United Nations, who shall communicate it to all Contracting Parties and shall bring it to the knowledge of the other countries referred to in paragraph 1 of Article 6 of the This Convention.

2. Within six months from the date of the communication by the Secretary-General of the draft amendment, any Contracting Party may make known to the General Secretariat

(a)
It has an objection to the proposed amendment,
(b)
Or, although it intends to accept the project, the conditions necessary for this acceptance have not yet been fulfilled in its country.

As long as a Contracting Party which has sent the communication referred to above in paragraph 2 (b) has not notified the Secretary-General of its acceptance, it may, for a period of nine months from the expiration of the six-month period provided for For the communication, submit an objection to the proposed amendment.

4. If an objection is made to the draft amendment under the conditions laid down in paragraphs 2 and 3 of this Article, the amendment shall be deemed not to have been accepted and shall have no effect.

5. If no objection has been made to the draft amendment under the conditions laid down in paragraphs 2 and 3 of this Article, the amendment shall be deemed to have been accepted on the following date:

(a)
Where no Contracting Party has sent a communication pursuant to paragraph 2 (b) of this Article, at the expiration of the six-month period referred to in paragraph 2,
(b)
Where at least one Contracting Party has sent a communication pursuant to paragraph 2 (b) of this Article, at the earliest of the following two dates:
-
The date on which all Contracting Parties having sent such a communication have notified the Secretary-General of their acceptance of the draft, however, that date shall be deferred until the expiry of the period of six months referred to in paragraph 2 if all The acceptances were previously notified at that time;
-
The expiration of the nine-month period referred to in paragraph 3 of this Article.

6. Any amendment deemed to be accepted shall enter into force six months after the date on which it is deemed to have been accepted.

The Secretary-General shall, as soon as possible, send to all Contracting Parties a notification to inform them whether an objection has been raised against the draft amendment in accordance with paragraph 2 (a) of this article and if any Or several Contracting Parties have communicated to it a communication in accordance with paragraph 2 (b). In the event that one or more Contracting Parties have addressed such a communication, it shall subsequently notify all Contracting Parties whether the Contracting Party that has addressed such a communication raises an objection Against the draft amendment or accept it.

Art. 15

In addition to the notifications provided for in Articles 13 and 14 of this Convention, the Secretary-General of the United Nations shall notify the countries referred to in Article 6, paragraph 1, of this Convention, as well as the countries that have become Parties Contracting Parties pursuant to Article 6, paragraph 2, of this Convention:

(a)
Signatures, ratifications and accessions under Article 6,
(b)
The dates on which this Convention enters into force in accordance with Article 7,
(c)
Denunciations under Article 8,
(d)
The repeal of this Convention in accordance with Article 9,
(e)
Notifications received in accordance with Article 10,
(f)
The declarations and notifications received in accordance with paragraphs 1 and 2 of Article 12,
(g)
The entry into force of any amendment in accordance with Article 14.
Art. 16

After 15 March 1961, the original of this Convention shall be deposited with the Secretary-General of the United Nations, who shall transmit certified copies thereof to each of the countries referred to in paragraphs 1 and 2 of Article 6 of the This Convention.

In Faith What, The undersigned, duly authorized, have signed this Convention.

Done at Geneva, on December 9, mil nine hundred and sixty, in a single copy, in the English and French languages, both texts being equally authentic.

(Suivent signatures)

Scope of application on 23 February 2011 2

States Parties

Ratification

Accession (A)

Statement of Succession (S)

Signature without reservation of ratification (If)

Entry into force

Albania

14 October

2008 A

12 January

2009

Germany

29 September

1964

28 December

1964

Australia

1 Er October

1969 A

December 30

1969

Austria

7 October

1963 A

5 January

1964

Belgium

March 14

1962

12 June

1962

Bosnia and Herzegovina

12 January

1994 S

6 March

1992

Bulgaria

28 February

1961 If

12 June

1962

China

Hong Kong A

6 June

1997

1 Er July

1997

Croatia

August 31

1994 S

8 October

1991

Cuba *

26 September

1963 A

25 December

1963

Denmark

March 14

1961 If

12 June

1962

Spain

2 February

1973 A

3 May

1973

Finland

19 August

1966 A

17 November

1966

France

12 March

1962

12 June

1962

Hungary *

26 July

1963 A

24 October

1963

Italy

5 January

1967

5 April

1967

Luxembourg

July 31

1962

29 October

1962

Montenegro

23 October

2006 S

3 June

2006

Norway

27 October

1964 A

25 January

1965

Netherlands

22 October

1962

20 January

1963

Aruba B

December 30

1985

1 Er January

1986

Curaçao

22 October

1962

20 January

1963

Sint Maarten

22 October

1962

20 January

1963

Poland

4 September

1969 A

3 December

1969

Portugal

15 January

1968 A

April 14

1968

Czech Republic *

2 June

1993 S

1 Er January

1993

Romania *

15 May

1964 A

13 August

1964

United Kingdom

1 Er October

1962

December 30

1962

Isle of Man

1 Er October

1962 A

December 30

1962

Falkland Islands

1 Er October

1962 A

December 30

1962

Channel Islands

1 Er October

1962 A

December 30

1962

Montserrat

1 Er October

1962 A

December 30

1962

Serbia

12 March

2001 S

April 27

1992

Slovakia *

28 May

1993 S

1 Er January

1993

Slovenia

3 November

1992 S

25 June

1991

Sweden

1 Er March

1961 If

12 June

1962

Switzerland *

24 April

1963

July 23

1963

Turkey

10 October

1974 A

8 January

1975

*
Reservations and declarations.
Reservations and declarations, with the exception of that of Switzerland, are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://untreaty.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.
A
Dec 30. 1962 to 30 June 1997, the Convention was applicable to Hong Kong on the basis of a territorial extension of the United Kingdom. From 1 Er July 1997, Hong Kong became a Special Administrative Region (SAR) of the People's Republic of China. By virtue of the Chinese declaration of 6 June 1997, the Convention is also applicable to the Hong Kong SAR from 1 Er July 1997.

B To 1 Er Jan 1986 the island of Aruba, which was part of the Netherlands Antilles, acquired its internal autonomy within the Kingdom of the Netherlands. This change affects only the functioning of internal constitutional relations within the Kingdom.

Statement

Switzerland

The Convention also applies to the Principality of Liechtenstein, as long as it remains linked to Switzerland by a customs union treaty 3 .


RO 1963 508; FF 1962 II 1161


1 Article 1 of the AF of 7 March 1963 (RO 1963 439).
2 RO 1975 899, 1983 149, 2005 1221, 2008 4127 and 2011 1011. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
3 RS 0.631.112.514


Status February 23, 2011