1、1 9 7 2年國際集裝箱平安公約（CSC）（附英文）（1）【標(biāo) 題】1 9 7 2年國際集裝箱平安公約（C S C ）（附英文）【分 類】【時(shí)效性】【公布時(shí)間】【實(shí)施時(shí)間】【發(fā)布部門】刖 B締約各國,國際海事04國際運(yùn)輸 有效1972.12.02 日內(nèi)瓦認(rèn)識到在集裝箱的裝卸、堆放和運(yùn)輸過程中，高度保障人身平安的需要。注意到便利集裝箱國際運(yùn)輸?shù)谋匾?。成認(rèn)，在這一方面，制定國際共同的平安要求是有益的。認(rèn)為，為到達(dá)以上目的最好是締結(jié)一個(gè)公約。決定正式提出有關(guān)集裝箱結(jié)構(gòu)上的要求，以保證在正常營運(yùn)中集裝箱的裝卸、堆碼和運(yùn)輸?shù)钠桨?。為此目的，達(dá)成 如下協(xié)議：第I條本公約的一般義務(wù)各締約國保證實(shí)施本公約

2、及其附件的規(guī)定，該附件應(yīng)為本公約不可分割的一局部。第n條定義在本公約內(nèi)，除另有明確規(guī)定者外：1 .“集裝箱”是指一種運(yùn)輸設(shè)備：（a ）具有耐久性，因而其相應(yīng)的強(qiáng)度足能適合于重復(fù)使用；（b）經(jīng)專門設(shè)計(jì)，便于以一種或多種運(yùn)輸方式運(yùn)輸貨物，而無需中途重裝；（c ）為了系固和（或）便于裝卸，設(shè)有角配件；（d）四個(gè)外底角所圍蔽的面積應(yīng)為以下二者之一：2（i ）至少為1 4平方米（15 0ft ），或2（i i）如裝有頂角配件，那么至少為7平方米（75ft）；“集裝箱”一詞既不包括車輛，也不包括包裝；但是，集裝箱在底盤車上運(yùn)輸時(shí)，那么連同底盤車包括在內(nèi)。.“角配件”是指為了裝卸、堆碼和（或）系固目的而在集

3、裝箱頂部和（或）底部上安裝的一種外表有孔的支撐配 件。.“主管機(jī)關(guān)”是指有權(quán)批準(zhǔn)集裝箱的締約國政府。.“獲得批準(zhǔn)”是指被主管機(jī)關(guān)批準(zhǔn)。.“批準(zhǔn)”是指主管機(jī)關(guān)作出的決定，即某種定型設(shè)計(jì)或某個(gè)集裝箱在本公約條款范圍內(nèi)是平安的。,“國際運(yùn)輸”是指位于兩個(gè)國家領(lǐng)土上的起運(yùn)地和目的地之間的運(yùn)輸。而本公約至少適用其中一國。兩國間運(yùn)輸 業(yè)務(wù)的一局部在一個(gè)適用本公約的國家領(lǐng)土內(nèi)進(jìn)行時(shí)，本公約也應(yīng)適用。.“貨物”是指物品、器皿、商品和用集裝箱裝運(yùn)的各種物件。.“新集裝箱”是指在本公約生效時(shí)或生效后開始制造的集裝箱。.“現(xiàn)有集裝箱”是指不屬于新集裝箱的集裝箱。1 0.“箱主”是指各締約國國家法律規(guī)定的所有人或承租

4、人或受托人，如雙方有協(xié)議，該承租人或受托人將承當(dāng)對 集裝箱的維修和檢驗(yàn)的責(zé)任。1 1 .“集裝箱的定型設(shè)計(jì)”是指經(jīng)主管機(jī)關(guān)批準(zhǔn)的定型設(shè)計(jì)。1 2 .“定型系列集裝箱”是指按照批準(zhǔn)的定型設(shè)計(jì)制造的任何集裝箱。無。名稱 INTERNATIONAL CONVENTION FOR SAFE CONTAINERS (CSC), 1972 【題注】Whole documentPreambleTHE CONTRACTING PARTIES,RECOGNIZING the need to maintain a high level of safety of human life in the handling

5、, stacking and transporting of containers,MINDFUL of the need to facilitate international container transport,RECOGNIZING, in this context, the advantages of formalizing common international safety requirements,CONSIDERING that this end may best be achieved by the conclusion of a Convention,HAVE DEC

6、IDED to formalize structural requirements to ensure safety in the handling, stacking and transporting of containers in the course of normal operations, and to this endHAVE AGREED as follows:General Obligation under the present ConventionThe Contracting Parties undertake to give effect to the provisi

7、ons of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention.DefinitionsFor the purpose of the present Convention, unless expressly provided otherwise:Container means an article of transport equipment:of a permanent character and accordingly

8、 strong enough to be suitable for repeated use;specially designed to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading;designed to be secured and/or readily handled, having corner fittings for these purposes;of a size such that the area enclosed by

9、the four outer bottom corners is either:at least 14 sq.m. (15Osq.ft.) orat least 7 sq.m. (75 sq.ft.) if it is fitted with top corner fittings; the term container includes neither vehicles nor packaging; however, containers when carried on chassis are included.Corner fittings means an arrangement of

10、apertures and faces at the top and/or bottom of a container for the purposes of handling, stacking and/or securing.Administration means the Government of a Contracting Party under whose authority containers are approved.Approved means approved by the Administration.Approval means the decision by an

11、Administration that a designtype or a container is safe within the terms of the present Convention.HInternational transport means transport between points of departure and destination situated in the territory of two countries to at least one of which the present Convention applies. The present Conv

12、ention shall also apply when part of a transport operation between two countries takes place in the territory of a country to which the present Convention applies.“Cargo means any goods, wares, merchandise and articles of every kind whatsoever carried in the containers.New container means a containe

13、r the construction of which was commenced on or after the date of entry into force of the present Convention.Existing container means a container which is not a new container.Owner means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreemen

14、t between the parties provides for the exercise of the ownefs responsibility for maintenance and examination of the container by such lessee or bailee.Type of container11 means the design type approved by the Administration.Type-series container means any container manufactured in accordance with th

15、e approved design type.Prototype means a container representative of those manufactured or to be manufactured in a design type series.Maximum Operating Gross Weight or Rating or R means the maximum allowable combined weight of the container and its cargo.nTare Weight means the weight of the empty co

16、ntainer including permanently affixed ancillary equipment.Maximum Permissible Payload or P means the difference between maximum operating gross weight or rating and tare weight.ApplicationThe present Convention applies to new and existing containers used in international transport, excluding contain

17、ers specially designed for air transport.Every new container shall be approved in accordance with the provisions either for type-testing or for individual testing as contained in Annex I.Every existing container shall be approved in accordance with the relevant provisions for approval of existing co

18、ntainers set out in Annex I within 5 years from the date of entry into force of the present Convention.Testing, Inspection, Approval and MaintenanceFor the enforcement of the provisions in Annex I everyAdministration shall establish an effective procedure for the testing, inspection and approval of

19、containers in accordance with the criteria established in the present Convention, provided however that an Administration may entrust such testing, inspection and approval to organizations duly authorized by it.An Administration which entrusts such testing, inspection and approval to an organization

20、 shall inform the Secretary-General of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as the Organization) for communication to Contracting Parties.Application for approval may be made to the Administration of any Contracting Party.Every container shall be maintai

21、ned in a safe condition in accordance with the provisions of Annex I.If an approved container does not in fact comply with the requirements of Annexes I and II the Administration concerned shall take such steps as it deems necessary to bring the container into compliance with such requirements or to

22、 withdraw the approval.Acceptance of ApprovalApproval under the authority of a Contracting Party, granted under the terms of the present Convention, shall be accepted by the other Contracting Parties for all pui-poses covered by the present Convention. It shall be regarded by the other Contracting P

23、arties as having the same force as an approval issued by them.A Contracting Party shall not impose any other structural safety requirements or tests on containers covered by the present Convention, provided however that nothing in the present Convention shall preclude the application of provisions o

24、f national regulations or legislation or of international agreements, prescribing additional structural safety requirements or tests for containers specially designed for the transport of dangerous goods, or for those features unique to containers carrying bulk liquids or for containers when carried

25、 by air. The term dangerous goods shall have that meaning assigned to it by international agreements.ControlEvery container which has been approved under article III shall be subject to control in the territory of the Contracting Parties by officers duly authorized by such Contracting Parties. This

26、control shall be limited to verifying that the container carries a valid Safety Approval Plate as required by the present Convention, unless there is significant evidence for believing that the condition of the container is such as to create an obvious risk to safety. In that case the officer carryi

27、ng out the control shall only exercise it in so far as it may be necessary to ensure that the container is restored to a safe condition before it continues in service.Where the container appears to have become unsafe as a result of a defect which may have existed when the container was approved, the

28、 Administration responsible for that approval shall be informed by the Contracting Party which detected the defect.Signature, ratification, acceptance, approval and ac-cessionThe present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and su

29、bsequently from 1 February 1973 until 31 December 1973 inclusive at the Headquarters of the Organization at London by all States Members of the United nations or Members of any of the Specialized Agencies or of the International Atomic Energy Agency or Parties to the Statute of the International Cou

30、rt of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.The present Convention is subject to ratification, acceptance or approval by States which have signed it.The present Convention shall remain open for accession by a

31、ny State referred to in paragraph 1.Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the Organization (hereinafter referred to as the Secretary-Generaln).Entry into forceThe present Convention shall enter into force twelve months from th

32、e date of the deposit of the tenth instrument of ratification, acceptance, approval or accession.For each State ratifying, accepting, approving or acceding to the present Convention after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention s

33、hall enter into force twelve months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.Any State which becomes a Party to the present Convention after the entry into force of an amendment shall, failing an expression of a different intent

34、ion by that State.be considered as a Party to the Convention as amended; andbe considered as a Party to the unamended Convention in relation to any Party to the Convention not bound by the amendment.ARTICLE IX Procedure for amending any part or parts of the presentconvention 1. The present Conventio

35、n may be amended upon the proposal of a Contracting Party by any of the procedures specified in this article.Amendment after consideration in the Organization:Upon the request of a Contracting Party, any amendment proposed by it to the present Convention shall be considered in the Organization. If a

36、dopted by a majority of two-thirds of those present and voting in the Maritime Safety Committee of the Organization, to which all Contracting Parties shall have been invited to participate and vote, suchamendment shall be communicated to all Members of the Organization and all Contracting Parties at

37、 least six months prior to its consideration by the Assembly of the Organization. Any Contracting Party which is not a Member of the Organization shall be entitled to participate and vote when the amendment is considered by the Assembly.If adopted by a two-thirds majority of those present and voting

38、 in the Assembly, and if such majority includes a two-thirds majority of the Contracting Parties present and voting, the amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.Such amendment shall come into force twelve months after the date on which

39、 it is accepted by two-thirds of the Contracting Parties. The amendment shall come into force with respect to all Contracting Parties except those which, before it comes into force, make a declaration that they do not accept the amendment.Amendment by a Conference:Upon the request of a Contracting P

40、arty, concurred in by at least one-third of the Contracting Parties, a Conference to which the States referred to in article VII shall be invited will be convened by the Secretary-General.Special procedure for amending the AnnexesAny amendment to the Annexes proposed by a Contracting Party shall be

41、considered in the Organization at the request of that Party.If adopted by a two-thirds majority of those present and voting in the Maritime Safety Committee of the Organization to which all Contracting Parties shall have been invited to participate and to vote, and if such majority includes a two-th

42、irds majority of the Contracting Parties present and voting, such amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption

43、unless, by a prior date determined by the Maritime Safety Committee at the same time, one-fifth or five of the Contracting Parties, whichever number is less, notify the Secretary-General of their objection to the amendment. Determination by the Maritime Safety Committee of the dates referred to in t

44、his paragraph shall be by a two-thirds majority of those present and voting, which majority shall include a two-thirds majority of the Contracting Parties present and voting.On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and sup

45、ersede any previous provision to which the amendment refers; and objection made by a Contracting Party shall not be binding on other Contracting Parties as to acceptance of containers to which the present Convention applies.The Secretary-General shall inform all Contracting Parties andMembers of the

46、 Organization of any request and communication under this article and the date on which any amendment enters into force.Where a proposed amendment to the Annexes has been considered but not adopted by the Maritime Safety Committee, any Contracting Party may request the convening of a Conference to w

47、hich the States referred to in article VII shall be invited. Upon receipt of notification of concurrence by at least one-third of the other Contracting Parties such a Conference shall be convened by the Secretary-General to consider amendments to the Annexes.DenunciationAny Contracting Party may den

48、ounce the present Convention by effecting the deposit of an instrument with the Secretary-General. The denunciation shall take effect one year from the date of such deposit with the Secretary-General.A Contracting Party which has communicated an objection to an amendment to the Annexes may denounce

49、the present Convention and such denunciation shall take effect on the date of entry into force of such an amendment.TerminationThe present Convention shall cease to be in force if the number of Contracting Parties is less than five for any period of twelve consecutive months.Settlement of DisputesAn

50、y dispute between two or more Contracting Parties concerning the interpretation or application of the present Convention which cannot be settled by negotiation or other means of settlement shall, at the request of one of them, be referred to an arbitration tribunal composed as follows: each party to

51、 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 request, one of the parties has failed to appoint an arbitrator or if the arbitrators have failed to elect the Chairman, any of the part

52、ies may request the Secretary-General to appoint an arbitrator or the Chairman of the arbitration tribunal.The decision of the arbitration tribunal established under the provisions of paragraph 1 shall be binding on the parties to the dispute.The arbitration tribunal shall determine its own rules of

53、 procedure.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 vote.Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award ma

54、y be submitted by any of the parties for judgment to the arbitration tribunal which made the award.ReservationsReservations to the present Convention shall be permitted, excepting those relating to the provisions of articles I-VI, XIII, the present article and the Annexes, on condition that such res

55、ervations 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 Secretary-General shall communicate such reservations to all States referred to in article VII.Any reservations ma

56、de in accordance with paragraph 1: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; andmodifies those provisions to the same extent for the other Contracting Parties in their relat

57、ions with the Contracting Party which entered the reservation.Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notification to the Secretary-General.NotificationIn addition to the notifications and communications provided for in articles IX, X

58、 and XIV, the Secretary-General shall notify all the States referred to in article VII of the following:signatures, ratifications, acceptances, approvals and accessions under article VII;the dates of entry into force of the present Convention in accordance with article VIII;the date of entry into fo

59、rce of amendments to the present Convention in accordance with articles IX and X;denunciations under article XI;the termination of the present Convention under article XII.Authentic textsThe original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equa

60、lly authentic, shall be deposited with the Secretary-General, who shall communicate certified true copies to all States referred to in article VII.IN WITNESS WHEREOF the undersigned*, being duly authorized thereto by their respective Governments, have signed the present Convention.* Signatures omitt