Proposal for a COUNCIL DECISION on the signature, without reservation of ratification, of the Convention on Customs Treatment of Pool Containers used in International Transport - (Geneva, 21 January 1994)
Date: 1995-02-17
Institutions: European Commission
Subjects: Economic Interest Grouping, UN convention, container, customs regulations, international transport, simplification of formalities

COMMISSION OF THE EUROPEAN  COMMUNITIES 

COM(95)  33  final 
Brussels,  17.02.1995 

95/0030  (ACC) 

Proposal  for a 

COUNCIL  DECISION 

on the signature, without reservation of ratification, 
of the Convention on Customs Treatment of 
Pool Containers used in International Transport 
(Geneva, 21 January 1994) 

(presented  by  the  Commission) 

EXPLANATORY MEMORANDUM 

1. 

2. 

The  attached  is  a  proposal  for  a  Council  Decision  to  sign  the  Convention  on  Customs 
Treatment of Pool Containers used in International Transport (Container Pool Convention), 
done by the United Nations at Geneva on 21 January  1994, without reserve of  ratification. 
The text of the Convention is given in Annex I to the proposed Council Decision. 

The  object  of  the  Convention  is  to  promote  efficient  use  of  containers  in  international 
transport by streamlining  administrative procedures with a view to reducing the number of 
empty  units  transported.  This  is  to  be  done  by  introducing  the  concept  of  "equivalent 
compensation",  meaning  that  instead  of  an  imported  container  having  to  be  re-exported 
within a given period,  another container  of the same type may be re-exported  in its place; 
likewise for exported containers. The Convention grants this facility to containers belonging 
to  a pool,  i.e.  operated  in common under  a  scheme  agreed  by the  members  of  the  pool. 
Subject  to  certain  conditions  laid  down  in the  Convention,  setting  up  a  pool  will  enable 
such containers to be  used free of all customs  restrictions  on import,  export  and  internal 
traffic. 

tl 

3. 

The  Convention  includes  a  territoriality  clause  permitting  the  territories  of  Contracting 

Parties  which  form  a  regional  economic  integration  organization  to  be  deemed  a  single 

territory.  It also  contains a clause  enabling the Community  to  become  a Contracting  Party 

for  matters  within  its  competence.  This  means  that  the  Community  will  have  exclusive 

competence,  in its own right, for most of the matters governed by the Convention, while for 

others  the  Member  States  will  have  competence.  Once  the  Community  has  signed  the 

Convention,  the United  Nations  Secretary  General  will  be  informed  of the  precise  balance 

by  means  of  a  communication  from  the  Commission,  following  consultation  with  the 

Member  States.  In the  event  of  a vote  in the  Administrative  Committee,  the  Community 

will have as many votes as its Member States would  have in total  as Contracting Parties to 

the Convention. 

4. 

The Commission has conducted a thorough comparison of the Convention  and Community 

legislation.  It  will  be  necessary  to  take  into  account  certain  constraints  pertaining  to  the 

customs union and the current level  of harmonization with regard to the import  and export 

of  spare parts for repairs,  and container  accessories  and equipment,  for  which  Community 

legislation in some cases requires the presentation of a customs document and the provision 

of a security. 

5. 

Given  that  its  aim  is  to  facilitate  international  container  transport,  the  Convention  has  a 

direct bearing on the way the customs union works and therefore  on the implementation  of 

the  Community's  commercial  policy.  Moreover,  since it has major practical  advantages  for 

economic  operators  in the  Community,  it  should  be brought  into  force  in the  Community 

without  delay.  It  is  therefore  proposed  that  the  Convention  be  signed  without  reserve  of 

ratification. 

6. 

Since, under Article  113,  the Community has competence for most of the matters governed 

by the Convention, while others are matters for the national  governments,  the  Community 

and  its  Member  States  should  become  Contracting  Parties  to  the  Convention  for  those 

matters falling within their respective competence. 

7. 

Consequently  the  Convention  on  Customs  Treatment  of  Pool  Containers  used  in 

International  Transport (Container Pool  Convention) may be  signed without  reservation  of 

ratification. 

Proposal for a 

COUNCIL DECISION 

on the signature, without reservation of ratification, 

of the Convention on Customs Treatment  of 

Pool Containers used in International Transport 

(Geneva, 21 January 1994) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard to  the  Treaty  establishing  the European  Community,  and  in  particular  Article  113 

thereof, read in conjunction with Article 228(2), 

Having regard to the proposal from the Commission, 

Whereas  the  Convention  on  Customs  Treatment  of  Pool  Containers  used  in  International 

Transport, negotiated under the auspices of the United Nations and done at Geneva on 21 January 

1994,  seeks  to  promote  efficient  use  of  containers  in  international  transport  by  facilitating 

administrative procedures, with a view to reducing transport of empty units; 

Whereas  Article  14(3)  of  the  Convention  provides  for  its  signature  by  regional  economic 

integration organizations; 

Whereas,  in  the  light  of  its  major  practical  advantages  for  economic  operators,  the  Convention 

should be approved and signed by the Community without reservation of ratification; 

Whereas  the  Convention  should  nonethelss  be  approved  with  reservations  reflecting  certain 

constraints pertaining to the customs union and to the current level of harmonization with regard to 

the import and export of spare parts for repairs and of container accessories and equipment; 

Whereas,  therefore,  the  Community  should  become  a  Contracting  Party  to  the  Convention,  with 

the above-mentioned reservations, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Convention  on  Customs  Treatment  of  Pool  Containers  used  in  International  Transport  is 

hereby approved, with reservations, on behalf of the European Community. 

The text  of the Convention and the reservations entered thereto appear in Annexes I and II to this 

Decision. 

The President  of the Council is hereby authorized  to  designate  the person  empowered  to  sign the 

Convention  referred  to  in  Article  1,  without  reservation  of  ratification,  in  order  to  bind  the 

Article 2 

Community. 

Done at Brussels, 

For the Council 

The President 

CONVENTION ON CUSTOMS TREATMENT OF POOL CONTAINERS 
USED IN INTERNATIONAL TRANSPORT 

ANNEX I 

(Container Pool Convention) 

PREAMBLE 

The Contracting Parties. 

Conscious of the increasing importance of international transport of goods in containers, 

Desiring to enhance the efficient  use of containers in international transport, 

Considering the necessity to facilitate administrative procedures, in order to provide for  a reduced 

transport of empty units, 

Have agreed as follows: 

CHAPTER I 

GENERAL 

Article 1 
Definitions 

For the purposes of this Convention: 

(a)  the term  "import duties and taxes" shall mean Customs duties and all other duties, taxes,  fees 
and other charges which are collected on, or in connection with, the importation of goods, but 
not including fees and charges limited in amount to the approximate cost of services rendered; 

(b)  the term  "container"  shall mean  an article of transport  equipment  (lift-van,  movable  tank  or 

other similar structure): 

(i) 

fully or partially enclosed to constitute a compartment intended for containing goods; 

(ii)  of a permanent character and accordingly strong enough to be suitable for repeated use; 

(iii)  specially designed to facilitate the transport of goods by one or more modes of transport 

without intermediate reloading; 

(iv)  designed  for  ready  handling,  particularly  when  being  transferred  from  one  mode  of 

transport to another; 

(v)  designed to be easy to fill and to empty; 

(vi)  having an internal volume of one cubic metre or more except for air freight containers; 

"demountable bodies" and "platform flats" are to be treated as containers; 

the term  "container" shall include standard air freight containers having  an internal volume  of 

less than one cubic metre provided they fulfil  the requirements of subparagraphs (i) to (v); 

the term "container" shall include the accessories  and equipment  of the container,  appropriate 

for  the  type  concerned,  provided  that  such  accessories  and  equipment  are  carried  with  the 

container.  The  term  "container"  shall  not  include  vehicles,  accessories  or  spare  parts  of 

vehicles, or packaging; 

(c)  the  term  "partially  enclosed",  as  applied  to  containers  in article  1,  subparagraph  (b)  (i),  shall 

relate to  containers generally consisting  of  a floor and a superstructure  marking off  a loading 

space  equivalent  to  that  of  a  closed  container.  The  superstructure  is  generally  made  up  of 

metal  members forming the frame of  a container.  Containers  of this type  may  also  comprise 

one or more lateral or frontal walls.  In some cases there is only a roof attached to the floor by 

uprights.  This type of container is used in particular for the transport  of bulky  goods  (motor 

cars, for example); 

(d)  the  term  "demountable  body"  shall  mean  a  load  compartment  which  has  no  means  of 

locomotion  and  which  is  designed  in  particular  to  be  transported  upon  a  road  vehicle,  the 

chassis  of  which,  together  with  the  underframing  of  the  body  is  especially  adapted  for  this 

purpose.  It  covers  also  a  swap-body  which  is  a  load  compartment  designed  especially  for 

combined rail/road transport; 

(e)  the  term  "platform  flat"  shall  mean  a  loadable  platform  having  no  or  ah  incomplete 

superstructure but having the same length  and width  as the base  of  a container  and equipped 

with top and bottom corner fittings, so that some of the same  securing and lifting  devices  tan 

be used; 

(f)  the term "repair" shall concern solely minor restoration and routine maintenance; 

(g)  the term  "accessories  and  equipment  of the  container"  shall  cover  in particular  the  following 

devices even if they are removable: 

(i) 

equipment for controlling, modifying or maintaining the temperature inside the container; 

(ii) 

small appliances, such as temperature or impact recorders, designed to  indicate or record 

variations in environmental conditions and impact; 

(iii) 

internal  partitions,  pallets,  shelves,  supports,  hooks,  sheets,  bags  and  similar  devices 

especially designed for use in containers; 

(h)  the term "Pool" shall mean the use in common of containers established by an agreement; 

(i)  the term "Pool member" shall mean the operator of containers who is a party to the agreement 

setting up the Pool; 

j) 

the term "operator" of a container  shall mean the person, who,  whether or not its  owner,  has 

effective control of its use; 

(k)  the term "person" shall mean both natural and legal persons; 

(1)  the term  "equivalent  compensation" shall mean the  system which allows  the  re-exportation  or 

re-importation of a container of the same type as that of another container previously imported 

or exported; 

(m)  the  term  "internal  traffic"  shall  mean  the  carriage  of  goods  loaded  in  the  territory  of  a 

Contracting Party for unloading at a place within the territory of the same Contracting Party; 

(n)  the term "Contracting Party" shall mean a State or regional  economic integration organization, 

party to this Convention; 

(o)  the term  "regional  economic  integration  organization"  shall  mean  an organization  constituted 

by  and  composed  of  States  referred  to  in article  14,  paragraphs  1 and  2  of  this  Convention 

which  has  competence  to  adopt  its  own  legislation  that  is  binding  on  its  Member  States,  in 

respect  of matters governed by this Convention,  and has competence to  decide,  in accordance 

with its internal procedures, to sign, ratify or accede to this Convention, 

10 

(p)  the term "ratification" shall mean ratification,  acceptance or approval. 

Article 2 

Objective 

This Convention aims at facilitating the use in common of containers by members of a Pool,  on the 

basis of equivalent compensation. 

Article 3 

Scope 

This  Convention  shall apply to  an exchange between  Contracting  Parties  of  containers  for  use  as 

part of a Pool whose members are established in the territory of those Contracting Parties. 

Affole  4 

Facilities 

Each  Contracting  Party  shall  grant  admission  to  containers  as  referred  to  in  article 3  of  this 

Convention, without payment of import duties and taxes, free of import prohibitions or restrictions 

of an economic  character, without limitations as to use in internal traffic  and without  requiring,  on 

their importation  and exportation,  Customs  documents  and  security,  provided  that  the  conditions 

laid down in article 5 of this Convention are complied with. 

Article 5 

Conditions 

1.  Each  Contracting  Party  shall apply the  facilities  of  article 4  of this  Convention  to  containers 

used in a Pool on the conditions that: 

(a) 

they have been previously exported or will be subsequently re-exported,  or that an equal 

number  of  containers  of  the  same  type  have  been  previously  exported  or  will 

subsequently be re-exported; 

ii 

(b)  under the agreement setting up the Pool, the Pool members: 

(i)  exchange  among  themselves  containers  in the  course  of  international  transport  of 

goods; 

(ii)  keep  records,  for  each type  of  container,  showing  the  movement  of  containers  so 

exchanged; 

(iii)  undertake to deliver to one another the number of containers of each type necessary 

to  offset,  over  periods  of  12 months,  the  outstanding  balances  of  the  accounts  so 

kept,  so  as  to  ensure  a  balance  for  each  Pool  member  between  the  number  of 

containers  of  each  type  which  he  has  placed  at  the  disposal  of  the  Pool  and  the 

number of Pool  containers of these  same types at his disposal  in the territory  of the 

Contracting  Party  in  which  he  is  established.  The  period  of  12  months  may  be 

extended by the competent Customs authorities of that Contracting Party. 

2.  Each  Contracting  Party may decide whether containers  placed  at the  disposal  of  the  Pool  by 

any  Pool  member  established  in  its  territory  shall  meet  the  conditions  contained  in  its 

legislation concerning admission and unrestricted use in internal traffic  on its territory. 

3.  The provisions of paragraph 1 of this article shall be applicable only if: 

(a) 

containers  bear  durable  and  unique  marks  agreed  upon  in  the  Pool  agreement,  which 

shall allow identification  of the container; 

(b) 

the  Pool  agreement  has  been  communicated  to  the  Customs  authorities  of  the 

Contracting  Parties  concerned,  and  these  authorities  have  approved  it  as  being  in 

conformity  with the provisions  of this  Convention.  Competent  authorities  shall  inform 

the  Executive  Secretary  of  the  United  Nations  Economic  Commission  for  Europe  of 

their  approval  and  will  also  inform  him  of  the  names  of  the  Contracting  Parties 

concerned.  The  Executive  Secretary  transmits  this  information  to  the  Contracting 

Parties concerned. 

Article 6 

Component parts for repair 

1.  When  the  Pool  agreement  foresees  the  setting  up  of  a Pool  for  identifiable  component  parts 

used for the repair of the Pool containers, articles 4,  5 (paragraphs  1, 2 and 3 (b))  and 9 of this 

Convention shall apply mutatis mutandis to those component parts. 

12 

2.  When the Pool  agreement  does not  foresee  the  setting  up of  a Pool  for  the  component  parts 

used  for  the  repair of  the  Pool  containers,  temporary  admission  without  payment  of  import 

duties  and taxes,  and without  application  of  import  prohibitions  or  restrictions  of  economic 

character  shall  be  granted  to  these  component  parts  without  the  production  of  Customs 

documents being  required  on their importation  and re-exportation  and without  the  furnishing 

of a form of security. 

When  the  provisions  of  the  preceding  paragraph  cannot  be  applied,  in  lieu  of  a  Customs 

document  and security for spare parts, the person to whom the temporary  admission  facilities 

are granted may be required to undertake in writing. 

(a) 

to supply to the Customs authorities a list of component parts with an undertaking to re 

export; and 

(b) 

to pay such import duties and taxes as may be required in the case where the  conditions 

of temporary admission have not been fulfilled. 

Component  parts granted temporary admission not used for repair shall be re-exported  within 

six  months  from  the  date  of  importation.  However,  this  period  may  be  extended  by  the 

competent Customs authorities. 

3.  Replaced  parts  not  re-exported  shall,  in  conformity  with  the  regulations  of  the  country 

concerned and as the Customs authorities of that country may authorize, be: 

(a) 

subjected to the import duties and taxes to which they are liable at the time when, and in 

the condition in which, they are presented; 

(b) 

abandoned, free of all expense, to the competent authorities of that country; or 

(c)  destroyed, under official  supervision at the expense of the parties concerned. 

Article 7 

Accessories and equipment of containers 

1.  When  the  Pool  agreement  foresees  the  setting  up  of  a Pool  for  identifiable  accessories  and 

equipment  of  containers,  which  are  either  imported  with  a  container  of  the  Pool  to  be  re 

exported  separately  or  with  another  container  of  the  Pool,  or  imported  separately  to  be  re 

exported  with  a container  of the Pool,  articles  4,  5  (paragraphs  1,  2  and  3(b))  and  9  of  this 

13 

Convention shall apply mutatis mutandis to those accessories and equipment. 

2.  When the Pool  agreement  does  not  foresee  the  setting  up  of  a Pool  for  the  accessories  and 

equipment  of  containers,  which  are  either  imported  with  a  container  of  the  Pool  to  be  re 

exported  separately  or  with  another  container  of  the  Pool,  or  imported  separately to  be  re 

exported with a container of the Pool: 

(a) 

the provisions of article 6, paragraph 2, shall apply to these accessories and equipment; 

(b) 

each  Contracting  Party  reserves  the  right  not  to  grant  temporary  admission  to 

accessories and equipment which have been the subject of purchase,  hire-purchase,  lease 

or  a  contract  of  a  similar  nature  concluded  by  a  person  resident  or  established  in  its 

territory; 

(c)  notwithstanding the requirement of the period for the re-exportation laid down in article 

6,  paragraph 2,  which shall apply to accessories  and equipment  by virtue  of point  (a)  of 

this article,  seriously  damaged accessories and equipment  shall not be required to  be re 

exported provided that, in conformity with the regulations of the country concerned and 

as the Customs authorities of that country may authorize, they are: 

(i)  subjected  to  the import  duties and taxes to  which they  are liable  at the time when, 

and in the condition in which, they are presented; 

(ii)  abandoned, free of all expense, to the competent authorities of that country; or 

(iii)  destroyed,  under  official  supervision,  at the  expense  of  the  parties  concerned,  any 

parts or materials salvaged being  subjected to the import  duties  and taxes  to  which 

they are liable at the time when, and in the condition in which, they are presented. 

Article 8 

Regional economic integration organization 

1.  For  the  purpose  of  this  Convention,  the  territories  of  Contracting  Parties  which  form  a 

regional economic integration organization may be taken to be a single territory. 

14 

Nothing  in  this  Convention  shall  prevent  a  regional  economic  integration  organization 

Contracting Party to this Convention, from enacting special provisions applicable to the use  of 

Pool  containers in the territory of that  organization,  provided  those  provisions  do  not  reduce 

the facilities provided for by this Convention. 

Article 9 

Controls 

1.  Each  Contracting  Party  shall  have  the  right  to  cany  out  controls  regarding  the  correct 

application of this Convention. 

2.  Pool  members  established  in the  territory  of  a  Contracting  Party  shall  provide  the  Customs 

authorities  of  that  Contracting  Party,  on  their  request,  with  the  list  of  the  numbers  of 

containers placed at the disposal of the Pool,  and the number of Pool  containers of each tiype 

in its territory. 

Article 10 

Infringements 

1.  Any  infringement  of the  provisions  of  this  Convention  shall  render  the perpetrator  liable,  on 

the  territory  of  the  Contracting  Party  in  which  the  infringement  was  committed,  to  any 

measures provided for by the laws of that Contracting Party. 

2.  When it is not possible to determine the territory on which an irregularity has been committed, 

it  shall be deemed to  have been  committed  on the territory  of the  Contracting  Party where it 

was detected. 

Article 11 

Exchange of information 

The  Contracting  Parties  shall  communicate  to  each  other,  on  demand  and  in  so  far  as  their  laws 

permit, the information required to implement the provisions of this Convention. 

15 

Article 12 

Greater facilities 

This Convention  shall  not  prevent  the  application  of greater  facilities  which  Contracting  Parties 
grant  or may wish to grant  either by unilateral  provisions or  by virtue  of bilateral  or  multilateral 
agreements provided  that  such  facilities  do  not  impede the  application  of  the  provisions  of this 
Convention. 

Article 13 

Safeguard clause 

This Convention shall not affect  the provisions regarding competition applicable in one or  several 
Contracting Parties. 

CHAPTER H 

FINAL PROVISIONS 

Article 14 

Signature, ratification and accession 

1.  Member  States  of  the  United  Nations  or  its  specialized  agencies  may  become  Contracting 

Parties to this Convention by: 

(a) 

signature without reservation of ratification; 

(b)  depositing an instrument of ratification, after signature subject to ratification; 

(c)  depositing an instrument of accession. 

2.  Any State other than those referred  to in paragraph  1 of this article, to which an invitation to 
that  effect  has  been  addressed  by  the  depositary  at  the  request  of  the  Administrative 
Committee, may become a Contracting Party to this Convention by acceding thereto  after  its 
entry into force. 

16 

3.  Any  regional  economic  integration  organization  may  become,  in  accordance  with  the 

provisions  of  paragraph  1  of  this  article,  a  Contracting  Party  to  this  Convention.  Such 

organization,  Contracting  Party  to  this  Convention,  shall  inform  the  depositary  of  its 

competence  and any subsequent  changes thereto, with respect to the matters governed  by this 

Convention.  The organization concerned shall, for the matters within its competence,  exercise 

the  rights  and  fulfil  the  responsibilities  which  this  Convention  confers  on  States  which  are 

Contracting Parties to this Convention.  In matters within the competence  of the organization, 

of which the depositary has been informed,  the member  States  of the  organization,  which  are 

Contracting  Parties  to  this  Convention,  shall  not  be  entitled  to  exercise  individually  these 

rights, including inter alia the right to vote. 

4.  This Convention  shall be open for signature from 15 April  1994  to  14 April  1995  inclusive,  at 

the Office  of the United Nations in Geneva.  Thereafter,  it shall be open for accession. 

Article 15 

Reservations 

Any  Contracting  Party  may  enter  reservations  to  paragraph 2  of  articles  6  and  7,  concerning  the 

requirement  of  Customs  document  and  security.  Any  Contracting  Party  which  has  entered 

reservations may withdraw them, in whole or in part, at any time, by notification  to the  depositary 

specifying the date on which such withdrawal takes effect. 

Article 16 

Entry into force 

This  Convention  shall  enter  into  force  six  months  after  the  date  on  which  five  States  or 

regional economic integration organizations referred to in article  14,  paragraphs  1 and 3, have 

signed this Convention without  reservation  of  ratification  or have  deposited  their  instruments 

of  ratification  or  accession.  For  the  purpose  of  this  paragraph,  any  signature  without 

reservation  of  ratification  of,  or  any  instrument  deposited  by,  such  a  regional  economic 

integration organization shall not be counted as additional to those of its member States. 

17 

This Convention shall enter into force for all additional States or regional economic  integration 

organizations  referred  to  in  article  14,  paragraphs  1,  2  and  3,  six  months  after  the  date  of 

signature  without  reservation  of  ratification,  or  of  deposit  of  instruments  of  ratification  or 

accession. 

Any  instrument  of  ratification  or  accession  deposited  after  the  entry  into  force  of  an 

amendment to this Convention in accordance with article 21  shall be  deemed  to  apply to  this 

Convention as amended. 

Any such instrument deposited after an amendment has been accepted but before  it has entered 

into  force  shall  be  deemed  to  apply  to  this  Convention  as  amended  on  the  date  when  the 

amendment enters into force 

This Convention  shall apply to  a specific  Pool  only when all the  States or regional  economic 

integration  organizations  concerned  by  that  Pool  have  become  Contracting  Parties  to  this 

Convention. 

Article  17 

Denunciation 

1.  Any Contracting Party may denounce this Convention by so notifying the depositary. 

2.  Denunciation  shall take effect fifteen months after the date of receipt by the depositary  of the 

notification of denunciation. 

Article 18 

Termination 

If,  after the entry into force of this Convention, the number of Contracting Parties is for any period 

of twelve  consecutive  months reduced to  less than five, the Convention  shall  cease to  have  effect 

from the end of the twelve-month  period.  For the purpose of the present article, the presence  of a 

regional economic integration organization shall not be counted as additional to its Member States. 

18 

Article  19 

-

Administrative Committee 

1.  There  shall  be  established  an Administrative  Committee  (hereinafter  called  "the  Committee") 

to  consider  the  operation  of  the  present  Convention,  to  consider  any  amendments  proposed 

thereto  and  to  consider  measures  to  secure  uniformity  in  the  interpretation  and  application 

thereof. 

2.  The Contracting Parties shall be members of the Committee.  The Committee  may decide that 

the competent administration of any State or regional economic integration organization which 

is not a Contracting Party, or representatives of international  organizations may, for  questions 

which interest them, attend the sessions of the Committee as observers. 

3.  The  Executive  Secretary  of  the  United  Nations  liconomic  Commission  for  Europe, 

(hereinafter  called  the  "Executive  Secretary")  shall  provide  the  Committee  with  secretariat 

services. 

4.  The Committee shall, on the occasion of every session, elect a Chairman and a Vice-Chairman. 

5.  The competent  administrations  of the Contracting Parties shall  communicate  to  the  Executive 

Secretary  proposals  for  amendments  to  the  present  Convention  and  the  reasons  therefor, 

together  with  any  requests  for  the  inclusion  of  items  on  the  agenda  of  the  sessions  of  the 

Committee.  The  Executive Secretary shall bring these communications to the attention of the 

competent administrations of the Contracting Parties and to the depositary. 

6.  The Executive  Secretary shall convene the Committee: 

(a) 

two years after the Convention has entered into force; 

(b) 

thereafter,  at a date fixed by the Committee, but not less frequently than every five years; 

(c) 

at the request of the competent administrations of at least two Contracting Parties. 

He  shall circulate the draft agenda to the competent  administrations of the Contracting Parties 

and  to  the  observers  referred  to  in  paragraph  2  of  this  article,  at  least  six  weeks  before  the 

Committee meets. 

19 

7.  On  the  decision  of  the  Committee  taken  by  virtue  of  the  provisions  of  paragraph  2  of  this 

article, the Executive  Secretary shall invite the competent  administrations of the States and the 

organizations referred to in the said paragraph 2 to be represented by observers at the sessions 

of the Committee. 

8.  A  quorum consisting  of  not less than one-third  of the  Contracting  Parties  is  required  for  the 

purposes  of taking  decisions.  For the  purpose  of this  paragraph,  the  presence  of  a  regional 

economic integration organization shall not be counted as additional to its member States. 

9.  Proposals  shall be put to  the vote.  Except  as provided  in paragraph  10  of  this  article,  each 

Contracting  Party  represented  at  the  meeting  shall  have  one  vote.  Proposals  other  than 

proposals  for  amendments  shall  be  adopted  by the  Committee  by  a majority  of  the  members 

present and voting.  Proposals for amendments shall be adopted by a two-thirds majority of the 

members present and voting. 

10.  Where  article  14,  paragraph  3  applies,  the  regional  economic  integration  organizations, 

Contracting  Parties to  this Convention,  shall have,  in case  of voting,  only  a number  of  votes 

equal to  the total  votes  allotted to  their member  States which  are  Contracting  Parties to  this 

Convention. 

11.  Before the closure of its session, the Committee shall adopt a report. 

12.  In  the  absence  of  relevant  provisions  in  this  article,  the  Rules  of  Procedure  of  the  United 

Nations Economic  Commission  for Europe  shall  be  applicable  unless  the  Committee  decides 

otherwise. 

20 

Article 20 

Settlement of disputes 

1.  Any  dispute  between  two  or  more  Contracting  Parties  concerning  the  interpretation  or 

application  of  this  Convention  shall,  in  so  far  as  possible,  be  settled  by  direct  negotiation 

between them. 

2.  Any  dispute  which  is  not  settled  by  direct  negotiation  shall  be  referred  by  the  Contracting 

Parties 

in  dispute  to  the  Committee  which  shall  consider  the  dispute  and  make 

recommendations for its settlement. 

3.  The Contracting Parties in dispute may agree in advance to accept the recommendations  of the 

Committee as binding. 

Article 21 

Amendment procedure 

1. 

In accordance with article  19 of this Convention, the Committee may recommend  amendments 

to this Convention. 

2.  The text  of  any  amendment  so  recommended  shall be  communicated  by the  depositary  to  all 

Contracting Parties to this Convention and to the other signatories. 

3.  Any  recommended  amendment  communicated  in accordance  with  paragraph  2  of  this  article 

shall enter into force with respect to  all Contracting Parties three months after  the  expiry of a 

period  of  eighteen  months  following  the  date  of  communication  of  the  recommended 

amendment  if  no  objection  to  the  recommended  amendment  has  been  notified  during  that 

period to the depositary by a Contracting Party. 

4. 

If  an  objection  to  the  recommended  amendment  has,  been  notified  to  the  depositary  by  a 

Contracting Party before the expiry of the period  of ei ghteen months  specified  in paragraph 3 

of  this  article,  the  amendment  shall  be  deemed  not  to  have  been  accepted  and  shall  have  no 

effect  whatsoever. 

21 

Article 22 

Depositary 

1.  The  Secretary-General  of  the  United  Nations  is  designated  as  the  depositary  of  this 

Convention. 

2.  The functions  of the Secretary-General  of the United Nations as depositary shall be as set  out 

in Part VII of the Vienna Convention on the Law of Treaties, concluded at Vienna on 23  May 

1969. 

3. 

In the event of any difference  appearing between a Contracting Party and the depositary  as to 

the performance  of the latter^ functions,  the  depositary  or that  Contracting  Party  shall  bring 

the  question  to  the  attention  of  the  other  Contracting  Parties  and  the  signatories  or,  where 

appropriate, to the Committee. 

Article 23 

Registration and authentic texts 

In  accordance  with  article  102  of  the  Charter  of  the  United  Nations,  this  Convention  shall  be 

registered with the secretariat of the United Nations. 

IN  WITNESS  WHEREOF,  the undersigned,  being  duly authorized  thereto,  have  signed  this 

Convention. 

DONE  at  Geneva,  this  twenty-first  day  of  January 1994  in  a  single  copy  in  the  Arabic, 

Chinese, English, French, Russian and Spanish languages, the six texts being equally authentic. 

22 

RESERVATIONS 

ANNEX II 

The  Community  approves  the  Convention  on  Customs  Treatment  of  Pool  Containers  used  in 

International Transport (container Pool Convention), with the following reservations: 

In respect of Articles 6 and 7 Community legislation, in certain cases, requires the presentation of a 

customs document and the provision of a security for component parts for repairs and for container 

accessories and equipment. 

23 

ISSN 0254-1475 

COM(95) 33  final 

DOCUMENTS 

EN 

«2  07 

Catalog number  : CB-CO-95-042-EN-C 

ISBN 92-77-85484-7 

Office for Official Publications of the European Communities 

L-2985 Luxembourg