CELEX: 51978PC0695
Language: en
Date: 1978-12-20 00:00:00
Title: Draft COUNCIL RECOMMENDATION on the ratification of the International Convention for Safe Containers (CSC) (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 695
Vol. 1978/0263
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 ---pagebreak---   COMMISSION CF THE EUROPEAN COMMUNITIES
                                                   COM(78)695 final
                                                   Brussels , 20 December 1978
                                     Draft
                          COUNCIL RECOMMENDATION
on the ratification of the International Convention for Safe Containers
                                   ( CSC )
               ( submitted to the Council by the Commission )
C0MC78 ) 695 final   . -
                               i
                               y
 ---pagebreak---                                     MIS
EXPLANATORY MEMORANDUM
1.              The container is an article of transport equipment whose
safety has not - so far - posed any major problems internationally.
                However , fear of unilateral action "by certain States in
laying down rules on the safety of this means of transport and the
possible reperoussions of this action on the movement of containers and
the goods contained in them - and henoe on international trade -
prompted the United Nations Inter-Governmental Maritime Consultative
Organization to work out an International Convention for Safe Containers
( CS) which was oonoluded in Geneva on 2 December 1972 *
                The Convention was open for accession from 15 January 1973
and after the requisite number of accessions had been obtained it entered
into force on 6 September 1977 *
                Three Member States of the Community (France , the Federal
Republio of Germany and the United Kingdom) have ratified the Convention ;
other Member States have been favourable to it and expressed their
intention of ratifying it shortly.
2.              The International Convention for Safe Containers ( CSC )
lays down common international safety regulations concerning the manu­
facture , testing , inspection , approval and maintenance of containers .
                The Convention applies to new containers and containers
already in circulation used for international transport , excluding
containers speoially designed for air transport *
                In particular , under the Convention , every container must
be subjected to an effeotive testing, inspection and approval procedure ;
the criteria for this are specified in Annexes 1 and 2 to the Convention
itself .
 ---pagebreak---                  Evidence of a container 's conformity to the Convention is
 provided by the ooaspetent authorities affixing to it a CSC Safety Approval
Plate . The plate const- itues presumptive evidence that a container is safe
under the terms of the Convantionj it is therefore of vital importance to
the free movement of the container . The Convention stipulate that every
container shall be approved in accordance with the provisions set out in
Annex 1 within five years of the date of entry into force of the Convention ,
i.e. September 1982 at the latest .
                 In addition , under the Convention , "owners " as defined in .
the CSC are responsible for maintaining containers in safe condition and
subjecting them to the examinations prescribed or approved by the oompotent
administrative ahtorityj     these examinations must take plaoe at intervals
of not more than two years .
                 The  Commission considers that improving the safety of
transport in general cruet be regarded as an important part of the Common
Transport Policy of which container transport , covered by the CSC , is a
specific case . Harmonized application of the CSC within the Goaurunity is
necessary since the Commission thinks it would b® harmful to the harmoni­
zation of conditions of competition , safety , the free movement of containers
and of goods snd 5 in general , the proper functioning of the transport market ,
if specialist operators in this sector were subjeot to different systems ,
as would be the oaBe if certain Member StateB did not ratify the Convention
or did not give it a uniform interpretation when applying its provisions
in their national legislation ,,
                 In addition , any aotion by the Comarunity and its Member
States in this area will also have to be compatible with the initiatives
taken in IMCO , to ensure that such action is effective worldwide .
 ---pagebreak---                       I"t is therefore necessary for the application of the Con­
  vention to be harmonised in all Member Statea . Katifioation "by *,11 Msxaber
   States would be the first step in this direction® Consequently, the draft
   Council Recommendation provides for a deadline for ratification or accession
  "by Member States .
                      However ; ratification of this Convention by the Member
   States by the deadline set will not be enough in itself to guarantee
  harmonized applioation at Community and international levels of the pro­
  visions concerning the examination, approval and inspection of containers
' or joint aotion by the Member States within the IMCO with regard to future
  amendments .
                      The Commission will therefore be submitting proposals
  Counoil with a visw to the h&naonizat ion of national laws adopted or propo­
   sed in implementation of the CSC , as well as proposals with a view to the
  adoption of a joint position by the Member States within IMCO with regard to
   any amendments to the Convention ! at some time in the future an initative
  might even be envisaged regarding the accession of the Community to this
   Convention.
 ---pagebreak---                                        - 4 -
                  DRAFT COUNCIL BECOMMEMDATIOIT PIT THE RATIFICATION OF THE
                     INTERNATIONAL COFvTOIOy FOR SAFB COMBINERS ( CSC ) *
The Council of the European Communities ,
Having regard to the Treaty establishing the European Eoonomio Community ,
Having regard to the droffc     from the Commission .
Whereas an International Convention for Safe Containers ( CSC ) prepared in
the framework of the United Hat ions Inter~Governmental Maritime Consultative
Organization ( IMCO ) entered into force on 6 September 1977 and is open for
ratification or accession by States , including the Member States }
Whereas the
Whereas the Convention
             Convention contains
                         contains " rules
                                    rules designed to maintain a high level of
safety of human life in the handling , stacking and transporting of
containers and safety rules governing construction and testing ;
Whereas application of these rules by the Member States of the Community
and by third countries in their dealings with the Community would have an
impact on transport conditions and in particular on the interests of the
railways and of carriers by road , inland waterway and sea , whether in
combined or single-mode transport operations ;
Whereas three Member States have already ratified the Convention , and
whereas ratification of the Convention by only some Member States is
likely to have a harmful effect on the conditions of competition and in
particular on those of the operators in this sector and on the free move­
ment of goods and of containers within the oontaon market ;
 ---pagebreak--- Whereas ratification or accession ay all Member States is also necessary for
the harmonized ratification of the Convention "fckroughowV the Community and
for the adoption of a joint position on any araendjaent 3 to the Convention j
Whereas action by the Community in this areas must be compatible with
initiatives undertaken by the IMCO , in order to ensure the effectiveness
thereof j
Whereas it is envisaged within the IMCO to apply the oontrols envisaged
by the CSC from September 1982 , and whereas national provisions must be
laid down swiftly in order to enable operators to have all their existing
containers examined before that date ? whereas , in view of the large number
of containers in existence , operators and the authorities concerned must
be given sufficient time to ensure that the work involved in testing and
approval and in the affixing of the CSC Plate is spread uniformly.
HEREBY RECOMMENDS THAT ?
if they have not yet done BO , Member States ratify the International
Convention for Safe Containers , or accede thereto before 1 January I98O: }
Member States inform the Secretary-General of the Intern-Governmental Mari­
time Consultative Organization in writing that their ratification or
accession is in pursuance of this Recommendation*
                                          For the Council ,
                                          Done on