CELEX: 51980PC0392
Language: en
Date: 1980-07-16
Title: Proposal for a Council Directive on the harmonized application of the International Convention for Safe Containers (CSC) in the European Economic Community

8. 9. 80                              Official Journal of the European Communities                          N o C 228/43
                      Proposal for a Council Directive on the harmonized application of the International
                        Convention for Safe Containers (CSC) in the European Economic Community
                                (Submitted by the Commission to the Council, on 18 July 1980)
THE C O U N C I L OF THE E U R O P E A N                          controls provided for in the CSC should apply from
COMMUNITIES,                                                      6 September 1982, and whereas provisions must be
                                                                  established without delay so that operators may
                                                                  have all containers examined before that date;
Having regard to the Treaty establishing the Euro-
pean Economic Community, and in particular
Articles 75 and 84 (2) thereof,                                   Whereas, in view of the large number of containers,
                                                                  administrations and owners must be given a suffi-
                                                                  cient period for the tasks arising from testing,
Having regard to the proposal submitted by the                    approval and the fixing of the CSC plates;
Commission,
                                                                  Whereas it is essential to adopt common minimum
 Having regard to the opinion of the European Par-                provisions on the periodic examination of con-
 liament,                                                         tainers and common minimum criteria for the
                                                                  approval of bodies charged with examining con-
                                                                  tainers in order to minimize the differences which
Having regard to the opinion of the Economic and
                                                                  could prejudice the management of containers,
Social Committee,
                                                                  the safety of human life and goods;
Whereas the International Convention for Safe
                                                                  Whereas it is important to secure the acceptance of
Containers (CSC) drawn up as part of the work of
                                                                  the principle of the owner's responsibility for the
the United Nations Inter-Governmental Maritime
                                                                  maintenance of containers;
Consultative Organization (IMCO) entered into
force on 6 September 1977 and is open for ratifica-
tion or accession by States, including the Member                 Whereas uniform implementation of the provisions
States, and whereas Council Recommendation 79/                    relating to control is essential in order to preclude
4 8 7 / E E C of 15 May 1979 (on the ratification of the          the adoption by the Member States of different
 International Convention for Safe Containers                     measures for similar situations, which would ham-
( C S C ) ) ( ' ) recommends Member States to ratify or           per the free movement of containers;
accede to that Convention;
Whereas the CSC includes rules aimed at maintain-                 Whereas technical progress requires the prompt
ing a high degree of safety of human life during the              adaption of this Directive and its Annexes; whereas,
handling, stacking and carriage of containers, and                in order to facilitate the measures needed to this
safety rules relating to manufacture and testing;                 end, provision should be made for a procedure for
                                                                   close cooperation between the Member States and
                                                                  the Commission within a Committee on the Adap-
 Whereas the non-uniform application of the provi-                 tion to Technical Progress of this Directive,
 sions of the CSC by Member States would be preju-
 dicial to the harmonization of the conditions of
 competition, to safety and to the free movement of
 containers and goods within the common market;
                                                                   HAS A D O P T E D THIS DIRECTIVE:
 Whereas ratification by or the accession of all Mem-
 ber States is a necessary, but not in itself a suffi-
 cient, condition of the harmonized application of
 the Convention;                                                                           Article I
 Whereas the General Assembly of I M C O adopted a                  I. Member States shall apply the provisions of the
resolution No A 436 (XI) recommending that the                     International Convention for Safe Containers
                                                                   (CSC), hereinafter referred to as the CSC , from a
                                                                   date not later than 1 July 1981 and in the manner
                                                                   stated in this Directive. The text of the CSC is con-
(•) OJ N o L 125, 22. 5. 1979, p. 18.                              tained in Annex A.
 ---pagebreak--- N o C 228/44                         Official Journal of the European Communities                                8. 9. 80
2. For the purposes of this Directive, the expres-             2. Detailed reasons shall be given for any decision
sions defined in Article II of the CSC shall have the          involving withdrawal of approval. The interested
meaning given to them by that Article.                         party shall be notified and informed of the means of
                                                               appeal available under the laws of the Member
                                                               State which withdraws the approval and the time
                                                               limits in which these appeals must be made.
                          A rticle 2
                                                                                       Article 4
Testing, inspection, approval and plating of containers
                                                                                     Maintenance
To ensure uniform application of the procedures for
the testing, inspection, approval and plating of con-
                                                                1. Subject to paragraph 2, the owner of a container
tainers laid down by the CSC, Member States shall,             shall be free to select methods by which he secures
not later than 1 January 1982, make the necessary              the safe condition of his containers, that is, the
provisions in conformity with the following require-           appropriate combination of planned maintenance,
ments:
                                                               procedures for refurbishment, refitting and repair
                                                               and the persons or bodies to perform this work.
 1. Member States shall not entrust some or all of
    the procedures for testing, inspection and                 2. If a Member State obtains clear evidence for
    approval of containers to non-governmental                 believing that an owner is repeatedly failing to
    organizations, unless these organizations satisfy          achieve a satisfactory level of safety, it shall request
    the criteria set out in Chapter 1 of Annex B.              the Government of the territory (be it a Member
                                                               State or otherwise) in which the owner has a head
                                                               office or residence, to ensure that appropriate action
2. Member States shall send a list of organizations
                                                               is taken.
    entrusted with such procedures to the Commis-
    sion.
3. For the purposes of the procedures set out in                                       Article 5
    Regulation 9 of Annex I to the CSC, evidence on
    the matters specified in subparagraph (d) may be                      Periodic examination of containers
    constituted by a statutory declaration to that
    effect.                                                    To ensure uniform application of examination pro-
                                                               cedures, Member States shall take the necessary
4. Where the procedure in accordance with 3 above              steps to prescribe or approve procedures as laid
    is applied, Member States shall require that the           down in Regulation 2 of Annex I to the CSC not
    owner's documentary evidence be maintained in              later than 1 January 1982.
    his own files, subject to inspection at any time.
                                                               These procedures, whether approved or prescribed,
5. The Safety Approval Plate requirements (Regula-             shall satisfy the minimum conditions set out in
    tion 1 of Annex I to the CSC) shall be interpreted         Chapter 3 of Annex B.
    in the manner indicated in Chapter 2 of
    Annex B.
                                                                                       Article 6
                         Article 3                                                     Control
                 Withdrawal of approval                         1. Member States shall exercise the control pro-
                                                               visions provided for in Article VI of the CSC with
                                                               respect to the checking of containers for valid Safety
1. Further to the provisions of Article IV (5) of the
                                                               Approval Plates only after 6 September 1982.
CSC, when a considerable number of containers in
a design type series approved by a Member State are
found to be unsafe as a result of defects which may            2. Member States shall effect this control only
have existed prior to such approval, the Member                through Government bodies, a list of which shall be
State which has granted the original approval shall            sent to the Commission.
initiate action to reconsider the approval of all con-
tainers in this series and shall take such steps as may        3. Control arrangements made by Member States
be deemed necessary to bring these containers into             in conformity with this Article and with Article VI
compliance or to withdraw their approval.                      of the CSC shall conform to Annex C.
 ---pagebreak--- 8. 9. 80                         Official Journal of the European Communities                       No C 228/45
                       Article 7                            having regard to the urgency of the matter. Opinions
                                                            shall be adopted by a majority of four votes, the
           Adaptation to technical progress                 votes of Member States being weighted as provided
                                                            in Article 148 (2) of the Treaty. The Chairman shall
                                                            not vote.
The changes required to adapt this Directive and its
Annexes to technical progress shall be approved in
accordance with the procedure referred to in                3.    (a) The Commission shall adopt the measures
Article 9.                                                            envisaged where they are in accordance
                                                                      with the opinion of the Committee.
                                                                  (b) Where the measures envisaged are not in
                       Article 8                                      accordance with the opinion of the Com-
                                                                      mittee, or if no opinion is adopted, the
 1. A Committee on the Adaptation to Technical                        Commission shall without delay propose to
Progress of this Directive (hereinafter called the                    the Council the measures to be adopted.
'Committee') is hereby set up; it shall consist of                    The Council shall act by a qualified major-
representatives of the Member States with a repre-                    ity.
sentative of the Commission as Chairman.
                                                                  (c) If, within three months of the proposal
                                                                      being submitted to it, the Council has not
2. The Committee shall adopt its own rules of pro-
                                                                      acted, the proposed measures shall be
cedure.
                                                                      adopted by the Commission.
                       Article 9                                                   Article 10
 1. Where the procedure laid down in this Article is        Member States shall, after consulting the Commis-
to be followed, matters shall be referred to the Com-       sion, adopt the laws, regulations or administrative
mittee by the Chairman, either on his own initiative        provisions necessary to comply with this Directive
or at the request of the representative of a Member         not later than 1 January 1982, without prejudice to
State.                                                      the time limit laid down in Article 1.
2. The representative of the Commission shall sub-
mit to the Committee a draft of the measures to be                                 Article 11
adopted. The Committee shall deliver its opinion on
the draft within a time limit set by the Chairman           This Directive is addressed to the Member States.
 ---pagebreak--- No C 228/46                               Official Journal of the European Communities                                         8. 9. 80
                                                              ANNEX    A
                            INTERNATIONAL CONVENTION FOR SAFE CONTAINERS
                                                                (CSC)
                                                             PREAMBLE
              T H E C O N T R A C T I N G PARTIES,
              R E C O G N I Z I N G the need to maintain a high level of safety of human life in the handling, stack-
              ing and transporting of containers,
              M I N D F U L of the need to facilitate international container transport,
              R E C O G N I Z I N G , in this context, the advantages of formalizing common international safety
              requirements,
              C O N S I D E R I N G that this end may best be achieved by the conclusion of a Convention,
              HAVE D E C I D E D to formalize structural requirements to ensure safety in the handling, stacking
              and transporting of containers in the course of normal operations, and to this end
              HAVE A G R E E D as follows:
                            Article I                                      (d)of a size such that the area enclosed by the
                                                                              four outer bottom corners is either:
    General obligation under the present Convention
                                                                               (i) at least 14 m2 (150 ft 2 ) or
The Contracting Parties undertake to give effect to                           (ii) at least 7 m2 (75 ft 2 ) if it is fitted with top
the provisions of the present Convention and the                                   corner fittings;
Annexes hereto, which shall constitute an integral
part of the present Convention.                                            the term 'container' includes neither vehicles
                                                                           nor packaging; however, containers when
                                                                           carried on chassis are included.
                                                                      2. 'Corner fittings' means an arrangement of aper-
                                                                          tures and faces at the top and/or bottom of a
                                                                          container for the purposes of handling, stacking
                           Article II                                     and/or securing.
                          Definitions
                                                                      3. Administration' means the Government of a
                                                                          Contracting Party under whose authority con-
For the purpose of the present Convention, unless                         tainers are approved.
expressly provided otherwise:
  1. 'Container' means an article of transport equip-                 4. 'Approved' means approved by the Administra-
     ment:                                                                tion.
     (a) of a permanent character and accordingly                     5. Approval' means the decision by an Adminis-
         strong enough to be suitable for repeated                        tration that a design type or a container is safe
         use;                                                             within the terms of the present Convention.
     (b) specially designed to facilitate the transport
         of goods, by one or more modes of transport,                 6. 'International       transport'       means       transport
         without intermediate reloading;                                  between points of departure and destination
                                                                          situated in the territory of two countries to at
     (c) designed to be secured and/or readily                            least one of which the present Convention
         handled, having corner fittings for these                        applies. The present Convention shall also
         purposes;                                                        apply when part of a transport operation
 ---pagebreak--- 8. 9. 80                            Official Journal of the European Communities                        No C 228/47
      between two countries takes place in the terri-          3. Every existing container shall be approved in
      tory of a country to which the present Conven-           accordance with the relevant provisions for
      tion applies.                                            approval of existing containers set out in Annex I
                                                               within five years from the date of entry into force of
  7. 'Cargo' means any goods, wares, merchandise              the present Convention.
      and articles of every kind whatsoever carried in
      the containers.
  8. 'New container' means a container the construc-
     tion of which was commenced on or after the                                       Article IV
     date of entry into force of the present Conven-
     tion.
                                                                    Testing, inspection, approval and maintenance
  9. 'Existing container' means a container which is
      not a new container.                                     1. For the enforcement of the provisions in
                                                               Annex I every Administration shall establish an
 10. 'Owner' means the owner as provided for under             effective procedure for the testing, inspection and
      the national law of the Contracting Party or the         approval of containers in accordance with the
      lessee or bailee, if an agreement between the            criteria established in the present Convention,
      parties provides for the exercise of the owner's         provided however that an Administration may
      responsiblity for maintenance and examination            entrust such testing, inspection and approval to
      of the container by such lessee or bailee.               organizations duly authorized by it.
 11. 'Type of container' means the design type
                                                               2. An Administration which entrusts such testing,
      approved by the Administration.
                                                               inspection and approval to an organization shall
 12. 'Type-series container' means any container               inform the Secretary-General of the Inter-Govern-
      manufactured in accordance with the approved             mental Maritime Consultative Organization (herein-
      design type.                                             after referred to as 'the Organization') for communi-
                                                               cation to Contracting Parties.
 13. 'Prototype' means a container representative of
      those manufactured or to be manufactured in a            3. Application for approval may be made to the
      design type series.                                      Administration of any Contracting Party.
 14. 'Maximum Operating Gross Weight or Rating'
                                                               4. Every container shall be maintained in a safe
      or 'R' means the maximum allowable combined
                                                               condition in accordance with the provisions of
      weight of the container and its cargo.
                                                                Annex I.
 15. 'Tare Weight' means the weight of the empty
      container including permanently affixed ancil-            5. If an approved container does not in fact com-
      lary equipment.                                           ply with the requirements of Annexes I and II the
                                                                Administration concerned shall take such steps as it
 16. Maximum Permissible Payload' or P' means                   deems necessary to bring the container into compli-
      the difference between maximum operating                  ance with such requirements or to withdraw the
      gross weight or rating and tare weight.                   approval.
                                                                                        Article V
                                                                                 Acceptance of approval
                        Article III
                                                                1. Approval under the authority of a Contracting
                       Application                             Party, granted under the terms of the present Con-
                                                               vention, shall be accepted by the other Contracting
 1. The present Convention applies to new and                   Parties for all purposes covered by the present Con-
 existing containers used in international transport,          vention. It shall be regarded by the other Contract-
 excluding containers specially designed for air                ing Parties as having the same force as an approval
 transport.                                                    issued by them.
 2. Every new container shall be approved either in            2. A Contracting Party shall not impose any other
 accordance with the provisions for type-testing or            structural safety requirements or tests on containers
 for individual testing as contained in Annex I.               covered by the present Convention, provided how-
 ---pagebreak--- No C 228/48                         Official Journal of the European Communities                              8. 9. 80
ever that nothing in the present Convention shall             by any other State invited by the General Assembly
preclude the application of provisions of national            of the United Nations to become a Party to the pre-
regulations or legislation or of international agree-         sent Convention.
ments, prescribing additional structural safety
requirements or tests for containers specially                2. The present Convention is subject to ratifica-
designed for the transport of dangerous goods, or             tion, acceptance or approval by States which have
for those features unique to containers carrying bulk         signed it.
liquids or for containers when carried by air. The
term 'dangerous goods' shall have that meaning
                                                              3. The present Convention shall remain open for
assigned to it by international agreements.                   accession by any State referred to in paragraph 1.
                                                              4. Instruments       of      ratification, acceptance,
                                                              approval or accession shall be deposited with the
                                                              Secretary-General of the Organization (hereinafter
                                                              referred to as 'the Secretary-General').
                        Article VI
                                                                                     Article  VIII
                         Control
                                                                                   Entry into force
 1. Every container which has been approved under
Article III shall be subject to control in the territory       1. The present Convention shall enter into force
of the Contracting Parties by officers duly author-            twelve months from the date of the deposit of the
ized by such Contracting Parties. This control shall           tenth instrument of ratification, acceptance,
be limited to verifying that the container carries a           approval or accession.
valid Safety Approval Plate as required by the pre-
sent Convention, unless there is significant evidence          2. For each State ratifying, accepting, approving or
for believing that the condition of the container is           acceding to the present Convention after the deposit
such as to create an obvious risk to safety. In that           of the 10th instrument of ratification, acceptance,
case the officer carrying out the control shall only           approval or accession, the present Convention shall
exercise it in so far as it may be necessary to ensure         enter into force 12 months after the date of the
that the container is restored to a safe condition             deposit by such State of its instrument of ratifica-
before it continues in service.                                tion, acceptance, approval or accession.
2. Where the container appears to have become                  3. Any State which becomes a Party to the present
unsafe as a result of a defect which may have                  Convention after the entry into force of an amend-
existed when the container was approved, the                   ment shall, failing an expression of a different
Administration responsible for that approval shall             intention by that State,
be informed by the Contracting Party which
detected the defect.                                           (a) be considered as a Party to the Convention as
                                                                    amended; and
                                                               (b) be considered as a Party to the unamended
                                                                    Convention in relation to any Party to the Con-
                                                                    vention not bound by the amendment.
                       Article  VII                                                   Article IX
   Signature, ratification, acceptance, approval and               Procedure for amending any part or parts of the
                        accession                                                present Convention
1. The present Convention shall be open for signa-             1. The present Convention may be amended upon
ture until 15 January 1973 at the Office of the               the proposal of a Contracting Party by any of the
United Nations at Geneva and subsequently from                 procedures specified in this Article.
I February 1973 until 31 December 1973 inclusive at
the Headquarters of the Organization at London by              2. Amendment after consideration in the Organi-
all States Members of the United Nations or Mem-              zation:
bers of any of the Specialized Agencies or of the
International Atomic Energy Agency or Parties to              (a) Upon the request of a Contracting Party, any
the Statute of the International Court of Justice, and              amendment proposed by it to the present Con-
 ---pagebreak--- 8. 9. 80                                      Official Journal of the European Communities                                           No C 228/49
       vention shall be considered in the O r g a n i z a t i o n .          of the C o n t r a c t i n g Parties present a n d voting,
       If a d o p t e d by a majority of two-thirds of t h o s e             such a m e n d m e n t shall b e c o m m u n i c a t e d by the
       present a n d voting in the Maritime Safety C o m -                   Secretary-General to all C o n t r a c t i n g Parties for
       mittee of the Organization, two which all C o n -                     their acceptance.
       tracting Parties shall have been invited to parti-
       cipate a n d vote, such a m e n d m e n t shall be com-
       m u n i c a t e d to all M e m b e r s of the O r g a n i z a t i o n
                                                                             3. Such an a m e n d m e n t shall enter into force on a
       a n d all C o n t r a c t i n g Parties at least six m o n t h s
                                                                             d a t e to be d e t e r m i n e d by the M a r i t i m e Safety C o m -
       prior to its consideration by the Assembly of the
                                                                             mittee at the time of its a d o p t i o n , unless by a prior
       Organization. Any C o n t r a c t i n g Party which is
                                                                             d a t e d e t e r m i n e d by the Maritime Safety C o m m i t t e e
       not a M e m b e r of the Organization shall be enti-
                                                                             at the s a m e time o n e - f i f t h or five of the C o n t r a c t i n g
       tled to participate a n d vote w h e n the a m e n d -
                                                                             Parties, whichever n u m b e r is less, notify the
       m e n t is considered by the Assembly.
                                                                             Secretary-General of their objection to the a m e n d -
                                                                             ment. D e t e r m i n a t i o n by the Maritime Safety C o m -
                                                                             mittee of the dates referred to in this p a r a g r a p h shall
(b) If a d o p t e d by a two-thirds majority of those pre-                   be by a two-thirds majority of those present and
      sent a n d voting in the Assembly, a n d if such                       voting, which m a j o r i t y shall include a two-thirds
       majority includes a two-thirds majority of the                        majority of the C o n t r a c t i n g Parties present and
      C o n t r a c t i n g Parties present a n d voting, the                voting.
      a m e n d m e n t shall be c o m m u n i c a t e d by the
       Secretary-General to all C o n t r a c t i n g Parties for
      their a c c e p t a n c e .
                                                                              4. O n entry into force any a m e n d m e n t shall, for all
                                                                              C o n t r a c t i n g Parties which have not objected to the
 (c) Such a m e n d m e n t shall c o m e into force 12                       a m e n d m e n t , replace a n d s u p e r s e d e any previous
                                                                              provision to which the a m e n d m e n t refers; an objec-
       m o n t h s after the d a t e on which it is a c c e p t e d by
       two-thirds of the C o n t r a c t i n g Parties. The                   tion m a d e by a C o n t r a c t i n g Party shall not be bind-
       a m e n d m e n t shall c o m e into force with respect                ing on other C o n t r a c t i n g Parties as to a c c e p t a n c e of
       to all C o n t r a c t i n g Parties except those which,               containers to which the present C o n v e n t i o n applies.
       b e f o r e it c o m e s into force, m a k e a declaration
       that they d o not accept the a m e n d m e n t .
                                                                              5. The Secretary-General shall i n f o r m all contract-
                                                                              ing Parties a n d M e m b e r s of the O r g a n i z a t i o n of a n y
 3. A m e n d m e n t by a C o n f e r e n c e :                              request a n d c o m m u n i c a t i o n u n d e r this Article a n d
 U p o n the request of a C o n t r a c t i n g Party, c o n c u r r e d      the d a t e on which any a m e n d m e n t enters into force.
 in by at least one-third of the C o n t r a c t i n g Parties, a
C o n f e r e n c e to which the States referred to in
 Article VII shall be invited will b e c o n v e n e d by the
                                                                             6. Where a p r o p o s e d a m e n d m e n t to the A n n e x e s
 Secretary-General.
                                                                             has been considered but not a d o p t e d by the Mari-
                                                                             time Safety C o m m i t t e e , any C o n t r a c t i n g Party may
                                                                             request the c o n v e n i n g of a C o n f e r e n c e to which the
                                                                             States referred to in Article VII shall b e invited.
                                                                              U p o n receipt of notification of c o n c u r r e n c e by at
                                                                              least one-third of the other C o n t r a c t i n g Parties such
                                                                              a C o n f e r e n c e shall be c o n v e n e d by the Secretary-
                                                                              G e n e r a l to consider a m e n d m e n t s to the A n n e x e s .
                                   A rticle X
         Special procedure for amending the Annexes
 1. Any a m e n d m e n t to the A n n e x e s p r o p o s e d by a
 C o n t r a c t i n g Party shall be considered in the Organi-                                               Article XI
 zation at the request of that Party.
                                                                                                            Denunciation
 2. If a d o p t e d by a two-thirds majority of t h o s e pre-               1. Any C o n t r a c t i n g Party may d e n o u n c e the pre-
 sent a n d voting in the Maritime Safety C o m m i t t e e                  sent C o n v e n t i o n by effecting the deposit of an
 of the Organization to which all C o n t r a c t i n g Parties              i n s t r u m e n t with the Secretary-General. The d e n u n -
 shall have been invited to participate a n d to vote,                       ciation shall take effect o n e year from the d a t e of
 a n d if such majority i n c l u d e s a two-thirds majority                such deposit with the Secretary-General.
 ---pagebreak--- No C 228/50                         Official Journal of the European Communities                              8. 9. 80
 2. A Contracting Party which has communicated                                        Article XIV
 an objection to an amendment to the Annexes may
 denounce the present Convention and such denun-                                     Reservations
 ciation shall take effect on the date of entry into
 force of such an amendment.                                    1. Reservations to the present Convention shall be
                                                               permitted, excepting those relating to the provisions
                                                               of Articles I-VI, XIII and of the present Article and
                                                               of those contained in the Annexes, on condition
                                                               that such reservations are communicated in writing
                                                               and, if communicated before the deposit of the
                                                              instrument of ratification, acceptance, approval or
                                                              accession, are confirmed in that instrument. The
                        Article XII                           Secretary-General shall communicate such reserva-
                                                              tions to all States referred to in Article VII.
                      Termination
                                                              2. Any reservations made in accordance with para-
The present Convention shall cease to be in force if          graph 1:
the number of Contracting Parties is less than five
for any period of 12 consecutive months.                      (a) modifies for the Contracting Party which made
                                                                   the reservation the provisions of the present
                                                                   Convention to which the reservation relates to
                                                                   the extent of the reservation; and
                                                              (b) modifies those provisions to the same extent for
                       Article XIII                                the other Contracting Parties in their relations
                                                                   with the Contracting Party which entered the
                 Settlement of disputes                            reservation.
 1. Any dispute between two or more contracting                2. Any Contracting Party which has formulated a
Parties concerning the interpretation or application           reservation under paragraph 1 may withdraw it at
of the present Convention which cannot be settled              any time by notification to the Secretary-General.
by negotiation or other means of settlement shall, at
the request of one of them, be referred to an arbitra-
tion tribunal composed as follows: each party to the
dispute shall appoint an arbitrator and these two
arbitrators shall appoint a third arbitrator, who shall
be the Chairman. If three months after receipt of a                                   A rticle X V
request one of the parties shall have failed to
appoint an arbitrator or if the arbitrators shall have                               Notification
failed to elect the Chairman, any of the parties may
request the Secretary-General to appoint an arbitra-           In addition to the notifications and communica-
tor or the Chairman of the arbitration tribunal.              tions provided for in Articles IX, X and XIV, the
                                                              Secretary-General shall notify all the States referred
2. The decision of the arbitration tribunal desig-            to in Article VII of the following:
nated under the provisions of paragraph 1 shall be
binding on the parties to the dispute.                         (a) signatures, ratifications, acceptances, approvals
                                                                   and accessions, under Article VII;
3. The arbitration tribunal shall decide its own
rules of procedure.                                           (b) the dates of entry into force of the present Con-
                                                                   vention in accordance with Article VIII;
4. Decisions of the arbitration tribunal both as to
its procedure and its place of meeting and as to any
controversy laid before it, shall be taken by majority        (c) the date of entry into force of amendments to
vote.                                                              the present Convention in accordance with Arti-
                                                                   cles IX and X;
5. Any controversy which may arise between the
parties to the dispute as regards the interpretation          (d) denunciation under Article XI;
and execution of the award may be submitted by
either party for judgment to the arbitration tribunal         (e) the termination of the present Convention
which made the award.                                              under Article XII.
 ---pagebreak--- 8. 9. 80                           Official Journal of the European Communities                          No C 228/51
                       Article XVI                            Chinese, English, French, Russian and Spanish texts
                                                              are equally authentic, shall be deposited with the
                     Authentic texts                          Secretary-General who shall communicate certified
                                                              true copies to all States referred to in Article VII.
The original of the present Convention, of which the
            In witness whereof the undersigned Plenipotentiaries, being duly authorized thereto
            by their respective Governments, have signed the present Convention.
            D o n e at Geneva this second day of December, one thousand nine hundred and
            seventy-two.
 ---pagebreak--- No C 228/52                                         Official Journal of the European Communities                                                       8. 9. 80
                                                                            ANNEX 1
                      REGULATIONS FOR THE TESTING, INSPECTION, APPROVAL AND MAINTENANCE
                                                                       OF CONTAINERS
                                   CHAPTER 1                                      (factor) is designed to be greater or less t h a n that
                                                                                  stipulated in A n n e x II such value shall be indicated
 REGULATIONS COMMON TO ALL SYSTEMS OF                                             on the Safety A p p r o v a l Plate.
                                    APPROVAL
                                                                                  4. The presence of the Safety A p p r o v a l Plate d o e s
                                    Regulation     I                              not r e m o v e the necessity of displaying such labels or
                                                                                  other i n f o r m a t i o n as m a y b e required by other regu-
                            Safety Approval Plate                                 lations which may b e in force.
1. A Safety Approval Plate c o n f o r m i n g to the
specifications set out in the A p p e n d i x to this A n n e x
shall be p e r m a n e n t l y a f f i x e d to every a p p r o v e d con-
tainer at a readily visible place a d j a c e n t to any other
a p p r o v a l plate issued for official p u r p o s e s where it
                                                                                                                    Regulation    2
would not be easily d a m a g e d .
                                                                                                                    Maintenance
2.      (a) T h e Plate shall contain the following infor-
                 m a t i o n in at least the English or French
                 language:                                                        1. The o w n e r of the c o n t a i n e r shall be responsible
                                                                                  for m a i n t a i n i n g it in safe c o n d i t i o n .
                  CSC S A F E T Y A P P R O V A L '
                 C o u n t r y of a p p r o v a l a n d a p p r o v a l refer-    2. The o w n e r of an a p p r o v e d c o n t a i n e r shall
                 ence,                                                            e x a m i n e the c o n t a i n e r or have it e x a m i n e d in
                                                                                  a c c o r d a n c e with the p r o c e d u r e either prescribed or
                 D a t e ( m o n t h a n d year) of m a n u f a c t u r e ,       a p p r o v e d by the ' c o n t r a c t i n g Party c o n c e r n e d ' , at
                                                                                  intervals a p p r o p r i a t e to operating c o n d i t i o n s . The
                 M a n u f a c t u r e r ' s identification n u m b e r of
                                                                                  d a t e ( m o n t h a n d year) before which a new c o n t a i n e r
                 the container or, in the case of existing
                                                                                  shall u n d e r g o its first e x a m i n a t i o n shall be marked
                 containers, for which that n u m b e r is un-
                                                                                  on the Safety Approval Plate.
                 k n o w n , the n u m b e r allotted by the A d m i n -
                 istration,
                                                                                  3. T h e d a t e ( m o n t h a n d year) b e f o r e which the
                 M a x i m u m o p e r a t i n g gross weight (kg a n d
                                                                                  c o n t a i n e r shall be r e - e x a m i n e d shall be clearly
                 lbs)
                                                                                  m a r k e d on the c o n t a i n e r on or as close as practica-
                 Allowable stacking weight for 1 - 8 g (kg                        ble to the Safety A p p r o v a l Plate a n d in a m a n n e r
                 a n d lbs)                                                       a c c e p t a b l e to that C o n t r a c t i n g Party which pres-
                                                                                  cribed or a p p r o v e d the particular m a i n t e n a n c e pro-
                 Transverse racking test l o a d value (kg a n d                  cedure involved.
                 lbs).
        (b) A b l a n k s p a c e s h o u l d b e reserved on the                 4. The interval f r o m the d a t e of m a n u f a c t u r e to the
                 Plate for insertion of e n d a n d / o r side-wall               d a t e of the first e x a m i n a t i o n shall not exceed five
                 strength values (factors) in a c c o r d a n c e with            years. S u b s e q u e n t e x a m i n a t i o n of new containers
                 Regulation 1, p a r a g r a p h 3 a n d A n n e x II,            a n d r e - e x a m i n a t i o n of existing c o n t a i n e r s shall be at
                 tests 6 a n d 7. A b l a n k space s h o u l d also be           intervals of not m o r e t h a n 24 m o n t h s . All e x a m i n a -
                 reserved on the Plate for first a n d sub-                       tions shall d e t e r m i n e whether the c o n t a i n e r has any
                 sequent m a i n t e n a n c e e x a m i n a t i o n dates        defects which could place any person in danger.
                 ( m o n t h a n d year) when used.
3. Where the Administration considers that a n e w                                5. For the p u r p o s e of this Regulation 'the C o n -
c o n t a i n e r satisfies the r e q u i r e m e n t s of the present            tracting Party c o n c e r n e d ' is the C o n t r a c t i n g Party of
C o n v e n t i o n in respect of safety a n d it, for such                       the territory in which the o w n e r is d o m i c i l e d or has
container, the end a n d / o r side-wall strength value                           his h e a d office.
 ---pagebreak--- 8. 9. 80                          Official Journal of the European Communities                          N o C 228/53
                      CHAPTER II                            (c) affix the Safety Approval Plate to each con-
                                                                  tainer in the design type series and to no others;
      REGULATIONS FOR APPROVAL OF NEW
           CONTAINERS BY DESIGN TYPE                        (d) keep a record of containers manufactured to the
                                                                  approved design type. This record shall at least
                                                                  contain the manufacturer's identification num-
                      Regulation 3                                bers, dates of delivery and names and addresses
                                                                  of customers to whom the containers are
              Approval of New Containers                          delivered.
To qualify for approval for safety purposes under           4. Approval may be granted by the Administration
the present Convention all new containers shall             to containers manufactured as modifications of an
comply with the requirements set out in Annex II.            approved design type if the Administration is satis-
                                                             fied that the modifications do not affect the validity
                                                             of tests conducted in the course of design type
                                                             approval.
                      Regulation 4
                                                             5. The Administration shall not confer on a manu-
                                                             facturer authority to affix Safety Approval Plates on
                 Design Type Approval                        the basis of design type approval unless satisfied
                                                             that the manufacturer has instituted internal produc-
 In the case of containers for which an application          tion-control features to ensure that the containers
for approval has been submitted, the Administration          produced will conform to the approved prototype.
will examine designs and witness testing of a proto-
type container to ensure that the containers will con-
form with the requirements set out in Annex II.                                     Regulation 6
When satisfied, the Administration shall notify the
applicant in writing that the container meets the                         Examination during production
requirements of the present Convention and this
 notification shall entitle the manufacturer to affix
                                                             In order to ensure that containers of the same design
 the Safety Approval Plate to every container of the
                                                             type series are manufactured to the approved
 design type series.
                                                             design, the Administration shall examine or test as
                                                             many units as it considers necessary, at any stage
                                                             during production of the design type series con-
                                                             cerned.
                      Regulation 5
         Provisions for approval by design type                                     Regulation 7
 1. Where the containers are to be manufactured by                         Notification of administration
design type series, application made to an Adminis-
tration for approval by design type shall be accom-          The manufacturer shall notify the Administration
panied by drawings, a design specification of the             prior to commencement of production of each new
type of container to be approved, and such other             series of containers to be manufactured in accord-
data as may be required by the Administration.               ance with an approved design type.
2. The applicant shall state the identification sym-
bols which will be assigned by the manufacturer to
the type of container to which the application for
approval relates.                                                                  CHAPTER 111
3. The application shall also be accompanied by                 REGULATIONS FOR APPROVAL OF EXISTING
an assurance from the manufacturer that he shall:                                  CONTAINERS
(a) produce to the Administration such containers
     of the design type concerned as the Administra-                                Regulation 8
     tion may wish to examine;
(b) advise the Administration of any change in the                       Approval of individual containers
     design or specification and await its approval
     before affixing the Safety Approval Plate to the        Approval of individual containers may be granted
     container;                                              where the Administration, after examination and
 ---pagebreak--- No C 228/54                                    Official Journal of the European Communities                                                   8. 9. 80
witnessing of tests, is satisfied that the c o n t a i n e r                            to a design type which h a d been tested a n d
meets the requirements of the present C o n v e n t i o n ;                              f o u n d to c o m p l y with the technical c o n d i -
the A d m i n i s t r a t i o n , w h e n so satisfied, shall n o t i f y                tions set out in A n n e x II with the exception
the a p p l i c a n t in writing of a p p r o v a l a n d this notifi-                   of t h o s e technical c o n d i t i o n s relating to the
cation shall entitle him to affix the Safety A p p r o v a l                             end-wall strength tests, or
 Plate to such container.
                                                                                 (iii) e v i d e n c e that the c o n t a i n e r was constructed
                                                                                         to s t a n d a r d s which, in the o p i n i o n of the
                                                                                         A d m i n i s t r a t i o n , were equivalent to the tech-
                                 CHAPTER IV
                                                                                         nical c o n d i t i o n s set out in A n n e x II with
                                                                                         the exception of those technical c o n d i t i o n s
   REGULATIONS FOR APPROVAL OF EXISTING
                                                                                         relating to the end-wall a n d side-wall
                                CONTAINERS
                                                                                         strength tests;
                                                                          (e) allowable stacking weight for 1 - 8 g (kg a n d lbs),
                                 Regulation   9
                                                                                 and
                   Approval of existing containers                        (0     such other data as required for the                           Safety
                                                                                 Approval Plate,
 1. If, within five years f r o m the d a t e of entry into               then the Administration, after investigation, shall
force of the present C o n v e n t i o n , the o w n e r of a n           notify the owner in writing whether a p p r o v a l is
existing c o n t a i n e r presents the following i n f o r m a -         granted, a n d if so, this notification shall entitle the
tion to an A d m i n i s t r a t i o n :                                  o w n e r to affix the Safety A p p r o v a l Plate after an
                                                                          e x a m i n a t i o n of the c o n t a i n e r c o n c e r n e d has been
(a) d a t e a n d place of m a n u f a c t u r e ;
                                                                          carried out in a c c o r d a n c e with Regulation 2.
(b) m a n u f a c t u r e r ' s identification     number     of     the  2. Existing containers which d o not qualify for
     c o n t a i n e r if available;                                      a p p r o v a l u n d e r p a r a g r a p h 1 of this Regulation m a y
                                                                          b e presented for a p p r o v a l u n d e r the provisions of
(c) m a x i m u m operating gross weight capability;
                                                                          C h a p t e r II or C h a p t e r III of this A n n e x . For such
(d)    (i) evidence that a c o n t a i n e r of this type h a s           containers the r e q u i r e m e n t s of A n n e x II relating to
            been safely o p e r a t e d in m a r i t i m e a n d / o r    e n d a n d / o r side-wall strength tests shall not apply.
            i n l a n d transport for a period of at least t w o          T h e Administration m a y , if it is satisfied that the
            years, or                                                     containers in question have been in service, waive
                                                                          such of the r e q u i r e m e n t s in respect of presentation
     (ii) evidence to the satisfaction of the A d m i n i s -              of d r a w i n g s a n d testing, other t h a n the lifting a n d
           tration that the c o n t a i n e r was m a n u f a c t u r e d  floor-strength tests, as it may d e e m a p p r o p r i a t e .
 ---pagebreak--- 8. 9. 80                               Official Journal of the European Communities                            No C 228/55
                                                                 Appendix
         The Safety Approval Plate, conforming to the model reproduced below, shall take the form of a
         permanent, non-corrosive, fire-proof rectangular plate measuring not less than 200 m m by
         100 mm. The words ' C S C Safety Approval' of a m i n i m u m letter height of 8 m m a n d all other
         words a n d numbers of a minimum height of 5 mm shall be stamped into, embossed on or indi-
         cated on its surface in any other permanent and legible way.
                                        CSC SAFETY APPROVAL
                                     [GB - L/749/2/7/75]
                                     DATE MANUFACTURED
                                     IDENTinCATION No.
                                     MAXIMUM GROSS WEIGHT                                   kg              Ib
                                     ALLOWABLE STACKING WEIGHT
                                          FOR 1,8 g                        kg-             lb
                                     RACKING TEST LOAD VALUE                                kg-             lb        Al
                                                                          200 mm
         (?)  Country of approval a n d approval reference as given in the example on line 1. (The country
              of approval should be indicated by means of the distinguishing sign used to indicate country
              of registration of motor vehicles in international road traffic).
         (?   Date (month a n d year) of m a n u f a c t u r e .
         (3   Manufacturer's identification n u m b e r of the container or, in the case of existing containers
              for which that number is u n k n o w n , the n u m b e r allotted by the Administration.
         (?)  Maximum operating gross weight (kg and lbs ).
           5  Allowable stacking weight for 1 8 g (kg a n d lbs.).
           ?  Transverse racking test load value (kg a n d lbs.).
           I   End wall strength to be indicated on plate only if end walls are designed to withstand a load
              of less or greater than 0 - 4 times the m a x i m u m permissible payload, i.e. 0 - 4 P.
          (8  Side wall strength to be indicated on plate only if the side walls are designed to withstand a
              load of less or greater than 0 • 6 times the m a x i m u m permissible payload, i.e. 0 • 6 P.
           9   First maintenance examination date (month a n d year) for new containers and subsequent
              m a i n t e n a n c e examination dates (month and year) if Plate used for this purpose.
 ---pagebreak--- No C 228/56                             Official Journal of the European Communities                                         8. 9. 80
                                                             Annex II
                                   STRUCTURAL SAFETY REQUIREMENTS AND TESTS
                                                           Introduction
In setting the requirements of this Annex, it is implicit that in all phases of the operation of containers the
forces as a result of motion, location, stacking and weight of the loaded container and external forces will not
exceed the design strength of the container. In particular, the following assumptions have been made:
(a) the container will so be restrained that it is not subjected to forces in excess of those for which it has been
    designed;
(b)the container will have its cargo stowed in accordance with the recommended practices of the trade so that
    the cargo does not impose upon the container forces in excess of those for which it has been designed.
                                                           Construction
 1. A container made from any suitable material which satisfactorily performs the following tests without sus-
taining any permanent deformation or abnormality which would render it incapable of being used for its de-
signed purpose, shall be considered safe.
2. The dimensions, positioning and associated tolerances of corner fittings shall be checked having regard to
the lifting and securing systems in which they will function.
3. When containers are provided with special fittings for use only when such containers are empty, this restric-
tion shall be marked on the container.
                                                  Test loads and test procedures
Where appropriate to the design of the container, the following test loads and test procedures shall be applied
to all kinds of containers under test:
                Test loadings and applied forces                                               Test procedures
                                                             1. Lifting
The container, having the prescribed internal loading, shall be lifted in such a way that no significant acceleration forces are
applied. After lifting, the container shall be suspended or supported for five minutes and then lowered to the ground.
                                                  (A) Lifting from corner fittings
Internal loading:                                                      (i) Lifting from top corner fittings:
A uniformly distributed load such that the combined                        Containers greater than 3 000 mm (10 ft.) (nominal) in
weight of container and test load is equal to 2R.                          length shall have lifting forces applied vertically at all
                                                                           four top corner fittings.
                                                                           Containers of 3 000 mm (10 ft.) (nominal) in length
                                                                           and less shall have lifting forces applied at all four top
                                                                           corner fittings, in such a way that the angle between
                                                                           each lifting device and the vertical shall be 30°.
 ---pagebreak--- 8. 9. 80                                  Official Journal of the European Communities                                    No C 228/57
                 Test loadings and applied forces                                                   Test procedures
Externally applied forces:                                               (ii) Lifting from bottom corner fittings:
Such as to lift the c o m b i n e d weight of 2R in the m a n n e r           Containers shall have lifting forces applied in such a
prescribed (under the heading Test procedures).                               manner that the lifting devices bear on the bottom cor-
                                                                              ner fittings only. The lifting forces shall be applied at
                                                                              angles to the horizontal of:
                                                                              30° for containers of length 12 000 mm (40 ft.) (nom-
                                                                              inal) or greater;
                                                                              37° for containers of length 9 000 mm (30 ft.) (nomin-
                                                                              al) a n d u p to but not including 12 000 mm (40 ft.)
                                                                              (nominal);
                                                                              45° for containers of length 6 000 mm (20 ft.) (nomin-
                                                                              al) and up to but not including 9 000 mm (30 ft.)
                                                                              (nominal);
                                                                              60° for containers of less than 6 000 mm (20 ft.) (nom-
                                                                              inal).
                                              (B) Lifting by any other additional methods
Internal loading:                                                         (i) Lifting from fork lift pockets:
A uniformly distributed load such that the c o m b i n e d                    The container shall be placed on bars which are in the
weight of container a n d test load is equal to 1 25 R.                       same horizontal plane, one bar centred within each
                                                                              fork lift pocket which is used for lifting the loaded
Externally applied forces:                                                    container. The bars shall be of the same width as the
                                                                              forks intended to be used in the handling, a n d shall
Such as to lift the combined weight of 1 25 R in the man-                     project into the fork pocket 75 per cent of the length
ner prescribed (under the heading Test procedures).                           of the fork pocket.
Internal loading:                                                        (ii) Lifting from grappler arm positions:
A uniformly distributed load such that the combined                           The container shall be placed on pads in the same
weight of containers a n d test load is equal to 1 - 25 R.                    horizontal plane, one u n d e r each grappler arm posi-
                                                                              tion. These pads shall be of the same sizes as the lift-
                                                                              ing area of the grappler arms intended to be used.
Externally applied forces:                                              (iii) Other M e t h o d s :
Such as to lift the combined weight of 1-25 R, in the man-                    Where containers are designed to be lifted in the load-
ner prescribed (under the heading Test procedures).                           ed condition by any method not mentioned in (A) or
                                                                              (B) (i) a n d (ii) they shall also be tested with the inter-
                                                                              nal loading and externally applied forces representa-
                                                                              tive of the acceleration conditions appropriate to that
                                                                              method.
                                                               2. Stacking
1. For conditions of international transport where the m a x i m u m vertical acceleration forces vary significantly from 1 • 8 g and
when the container is reliably and effectively limited to such conditions of transport, the stacking load may be varied by the
appropriate ratio of acceleration forces.
2. On successfull completion of this test the container may be rated for the allowable superimposed static stacking weight
which should be indicated on the Safety Approval Plate against the heading 'Allowable stacking weight for 1 - 8 g (kg and
lbs.)'.
Internal loading:
A uniformly distributed load such that the combined                     The container, having the prescribed internal loading, shall
weight of container a n d test load is equal to 1 • 8 R.                be placed on four level p a d s which are in turn supported
                                                                        on a rigid horizontal surface, one under each bottom cor-
                                                                        ner fitting or equivalent corner structure. The p a d s shall be
                                                                        centralized under the fittings a n d shall be of approximately
                                                                        the same plan dimensions as the fittings.
 ---pagebreak--- No C 228/58                                  Official Journal of the European Communities                                           8. 9. 80
                      Test loadings and applied forces                                                Test procedures
Externally applied forces:
Such as to subject each of the four t o p corner fittings to a            Each externally applied force shall be applied to each of
vertical downward force equal to V* x 1-8 x the allow-                    the corner fittings through a corresponding test corner fit-
able superimposed static stacking weight.                                 ting or through a pad of the same plan dimensions. The
                                                                          test corner fittings or p a d shall be offset with respect to the
                                                                         top corner fitting of the container by 25 m m (1 in.) laterally
                                                                          and 38 m m (1 V2 in.) longitudinally.
                                                           3. Concentrated loads                       (a) On roof
Internal loading:
None.
Externally applied forces:
A concentrated load of 300 kg (660 lb.) uniformly distri-                The externally applied forces shall be applied vertically
buted over an area of 600 m m x 300 mm (24 in. x 12 in ).                downwards to the outer surface of the weakest area of the
                                                                         roof of the container.
                                                                                                      (b) On floor
 Internal loading:
Two concentrated loads each of 2 730 kg (6 000 lb.) a n d                 The test should be m a d e with the container resting on four
each applied to the container floor through a contact area                level supports under its four bottom corners in such a man-
o f 142 cnri2 ( 2 2 i n 2 )                                               ner that the base structure of the container is free to de-
                                                                          flect.
                                                                          A testing device loaded to a weight of 5 460 kg
                                                                          (12 000 lbs.) that is 2 730 kg (6 000 lbs.) on each of two sur-
                                                                          faces having, when loaded, a total contact area of 284 cm 2
                                                                          (44 in 2 ) that is 142 cm 2 (22 in 2 ) on each surface, the surface
                                                                          width being 180 m m (7 in.) spaced 760 m m (30 in.) apart,
                                                                          centre to centre, should be m a n o e u v r e d over the entire
                                                                          floor area of the container.
 Externally applied forces:
 None.
                                                           4. Transverse racking
Internal loading:
None.                                                                    The container in tare condition shall be placed on four
                                                                         level supports one under each bottom corner and shall be
                                                                         restrained against lateral a n d vertical movement by means
                                                                         of anchor devices so arranged that the lateral restraint is
                                                                         provided only at the bottom corners diagonally opposite to
                                                                         those at which the forces are applied.
Externally applied forces:
Such as to rack the end structures of the containers side-               The externally applied force shall be applied either separ-
ways. The forces shall be equal to those for which the con-              ately or simultaneously to each of the top corner fittings on
tainer was designed.                                                     one side of the container in lines parallel both to the base
                                                                         and to the planes of the ends of the container. The forces
                                                                         shall be applied first towards and then away from the top
                                                                         corner fittings. In the case of containers in which each end
                                                                         is symmetrical about its own vertical centreline, one side
                                                                         only need be tested, but both sides on containers with
                                                                          asymmetric ends shall be tested.
 ---pagebreak--- 8. 9. 80                                Official Journal of the European Communities                                 No C 228/59
                 Test loadings and applied forces                                               Test procedures
                                                  5. Longitudinal restraint (static test)
 When designing and constructing containers, is must be borne in mind that containers, when carried by inland modes of
 transport may sustain accelerations of 2 g applied horizontally in a longitudinal direction.
 Interna] loading:
 A uniformly distributed load, such that the combined                   The container having the prescribed internal loading shall
 weight of a container and test load is equal to the maxi-              be restrained longitudinally by securing the two bottom
 mum operating gross weight or rating, R.                               corner fittings or equivalent corner structures at one end to
                                                                        suitable anchor points.
 Externally applied forces:
 Such as to subject each side of the container to longitudi-            The externally applied forces shall be applied first towards
 nal compressive and tensile forces of magnitude R, that is,            and then away from the anchor points. Each side of the
 a combined force of 2R on the base of the container as a               container shall be tested.
 whole.
                                                             6. End-walls
The end walls should be capable of withstanding a load of not less than 0 4 times the maximum permissible payload. If,
however, the end walls are designed to withstand a load of less or greater than 0 4 times the maximum permissible payload
such a strength factor shall be indicated on the Safety Approval Plate in accordance with Annex I, Regulation 1.
Internal loading:
Such as to subject the inside of an end-wall to a uniformly            The prescribed internal loading shall be applied as fol-
distributed load of 0-4P or such other load for which the              lows:
container may be designed.
                                                                       Both ends of a container shall be tested except where the
                                                                       ends are identical only one end need be tested. The end-
                                                                       walls of containers which do not have open sides or side
                                                                       doors may be tested separately or simultaneously.
                                                                       The end-walls of containers which do have open sides or
                                                                       side doors should be tested separately. When the ends are
                                                                       tested separately the reactions to the forces applied to the
                                                                       end-wall shall be confined to the base structure of the con-
                                                                       tainer.
Externally applied forces:
None.
                                                            7. Side-walls
The side-walls should be capable of withstanding a load of not less than 0-6 times the maximum permissible payload. If,
however, the side-walls are designed to withstand a load of less or greater than 0-6 times the maximum permissible payload,
such a strength factor should be indicated on the Safety Approval Plate in accordance with Annex I, Regulation 1.
Internal loading:
Such as to subject the inside of a side-wall to a uniformly            The prescribed internal loading shall be applied as fol-
distributed load of 0-6P or such other load for which the              lows:
container may be designed.                                             Both sides of a container shall be tested except where the
                                                                       sides are identical only one side need be tested. Side-walls
                                                                       shall be tested separately and the reactions to the internal
                                                                       loading shall be confined to the corner fittings or equiva-
                                                                       lent corner structures. Open topped containers shall be
                                                                       tested in the condition in which they are designed to be
                                                                       operated, for example, with removable top members in
                                                                       position.
Externally applied forces:
None.
 ---pagebreak--- No C 228/60                        Official Journal of the European Communities                     8. 9. 80
                                                        ANNEXB
                                                      CHAPTER I
                                                    (see Article 2(1))
                                      (Application of Article IV of the Convention)
            MINIMUM CRITERIA FOR APPOINTMENT OF THE ORGANIZATIONS RESPONSI-
          BLE FOR THE TESTING, INSPECTION AND APPROVAL OF THE CONTAINERS IN
                                  ACCORDANCE WITH THE CSC CONVENTION
          1. The organization must be free from undue influence of manufacturers, owners,
              operators lessors or repairers of containers, and others concerned who may have a
              vested interest in obtaining container approvals, in that: in particular:
              (a) the conditions of employment of the personnel is free of influence or control
                     by any of the abovementioned parties;
              (b) the loss or award of a specific contract to approve containers would not be a
                     substantial factor in the profitability of the organization.
          2. The organization must demonstrate ability to carry out competently those testing,
              inspections or approval procedures which it may be required to perform and it
              must have at its disposal the necessary trained and experienced technical and
              administrative staff and the means for it to perform all required functions.
          3. The remuneration of the staff must not depend upon the number of approvals, tests
              and examinations carried out, nor the results of such approvals, tests or examina-
              tions.
          4. The organization must take out civil liability insurance unless this liability is cov-
              ered by the State on the basis of national law or the controls are conducted directly
              by the Member State.
                                                      CHAPTER 2
                                                    (see Article 2 (3))
                               (Application of Regulation 1 of Chapter 1 of the Convention)
                       INFORMATION TO BE RECORDED ON THE SAFETY APPROVAL PLATE
          M a r k i n g on line 1
          Existing containers
          1. The same approval reference number to be entered on line 1 of the plate may be
              assigned to each owner in respect of all containers specified in a single application
              for approval.
          M a r k i n g on line 2
          New containers
          2. The date of manufacture entered on the CSC plate may be the month and the year
              in which the manufacture of the container was completed.
          M a r k i n g on line 3
          3. Both in respect of existing containers and new containers, the number to be entered
              on line 3 may be the owner's ISO standard alpha numeric identification code: in
 ---pagebreak--- 8. 9. 80                                   Official Journal of the European Communities                                       No C 228/61
            that case, the M e m b e r State shall ensure that the applicant for approval keeps a
            record correlating these Identification C o d e N u m b e r s with the m a n u f a c t u r e r ' s
            serial n u m b e r .
                                                                 CHAPTER 3
                                                                 (see Article 5)
         MINIMUM               COMMON REQUIREMENTS FOR THE CONTAINER EXAMINATION
                                                               PROCEDURES
         Personnel carrying out examinations
         1. The e x a m i n a t i o n shall be carried out by a person having such k n o w l e d g e a n d
             experience of containers as will e n a b l e him to d e t e r m i n e , in a c c o r d a n c e with para-
             graph 2 below, whether the c o n t a i n e r has any defect which c o u l d r e n d e r it u n s a f e .
         Elements to be included in the examinations
         2. The person p e r f o r m i n g the e x a m i n a t i o n shall carry o u t :
             a detailed visual e x a m i n a t i o n of the exterior of the c o n t a i n e r a n d , if possible with-
             out too m u c h difficulty (e.g. if the c o n t a i n e r h a p p e n s to b e empty), of the interior.
             He will consider, in particular, at least the following factors:
             (a) the presence of m e c h a n i c a l d a m a g e ,
             (b) the condition of the following structural c o m p o n e n t s :
                    — e n d frames,
                    — u p p e r a n d lower side rails,
                    — base structure, including the u n d e r s i d e of the container,
                    — corner castings a n d various devices for h a n d l i n g the container,
                    — d o o r closure gear,
                    — external panelling,
                     — roof.
             (c) the c o n d i t i o n s of welding, riveting or other m e t h o d of fastening,
             (d) corrosion,
             (e) the c o n d i t i o n of the C S C plate.
         3. The u n d e r s i d e of the c o n t a i n e r shall be e x a m i n e d . This may be d o n e either with the
             c o n t a i n e r s u p p o r t e d on a skeletal chassis or if the person p e r f o r m i n g the e x a m i n a -
             tion considers it necessary, after the c o n t a i n e r has been lifted on other supports.
         4. The person p e r f o r m i n g the external e x a m i n a t i o n shall have the authority to require
             a more detailed e x a m i n a t i o n to include the interior of the c o n t a i n e r if the c o n d i t i o n
             of the container a p p e a r s to warrant such e x a m i n a t i o n .
         Recording of the examination
         5. After carrying out the e x a m i n a t i o n a n d if he is satisfied that the c o n t a i n e r is free of
             any defects which could place any person in danger, the e x a m i n e r shall give the
             o w n e r at least the following i n f o r m a t i o n :
             —       i n f o r m a t i o n m a r k e d on line 3 of the C S C plate,
             —       d a t e on which the e x a m i n a t i o n was carried out,
 ---pagebreak--- No C 228/62                     Official Journal of the European Communities                      8. 9. 80
             —   the date before which the container should be re-examined,
             —   identification of himself.
          Record keeping
          6. The owner shall keep a record of the above particulars at least until such a time as
             the particulars of a subsequent examination are m a d e known to him.
          Frequency of re-examination
          7. When determining whether it is acceptable that the interval between examinations
             should be maximum of 24 months prescribed by the CSC, account shall be taken of
             the severity of the treatment to which the container is exposed in use and of the
             intermediate examinations having regard to their extent and to the competence of
             the persons performing them.
 ---pagebreak--- 8. 9. 80                       Official Journal of the European Communities                       N o C 228/63
                                                   ANNEXC
                                          CONTROL PROCEDURES
                                               (see Article 6 (3))
         Unsafe containers
         1. (1) When a container is found by the authority exercising control to have a defect
                which could place a person in danger, the container shall be stopped.
            (2) If, however the container can be safely moved (e.g. to a place where it can be
                 restored to a safe condition or to its destination), the authority exercising con-
                trol may permit such a movement under such conditions as the authority may
                specify and provided that the container is repaired as expeditiously as may be
                 practicable and not reloaded before this is done.
         Non-defective container without an approval plate or with an incorrectly completed
         approval plate
         2. (I) When the authority exercising control establishes that the container has no
                 safety approval plate or that the plate does not appear to be correctly com-
                 pleted the container may be stopped.
            (2) When, however evidence can be produced either to the effect that such con-
                 tainer has been approved in accordance with the provisions of CSC, or to the
                 effect that it meets the standards of the Convention, the authority exercising
                 control may permit the container to proceed its destination for unloading on
                 condition that it is not reloaded until it has been correctly plated.
         Non-defective containers with an out of date plate
         3. (1) When the container is found by the authority exercising control to have the
                 date (recorded on or near to the safety approval plate) expired, the container
                 may be stopped.
            (2) If, however, the container can be safely moved, the authority exercising control
                 may permit the container to proceed to its destination for unloading on condi-
                 tion that it shall be examined and updated as expeditiously as it may be prac-
                 ticable and not reloaded before this has been done.
         Control procedure — Special provisions
         4. The authority exercising control may authorize the owner of the container found to
             be defective under 1,2, or 3 to move it in an empty condition to another country
             where the appropriate corrective action may be carried out more easily.
             In this case, the authority exercising control must ensure by means of measures
             which it considers appropriate that the corrective action is actually carried out.