Safe Containers Convention Act (R.S.C., 1985, c. S-1)

Preamble

THE CONTRACTING PARTIES,

RECOGNIZING the need to maintain a high level of safety of human life in the handling, 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 DECIDED 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 AGREED as follows:

ARTICLE I
General Obligation under the present Convention

The Contracting Parties undertake to give effect to the provisions of the present Convention and the Annexes hereto, which shall constitute an integral part of the present Convention.

ARTICLE II
Definitions

For the purpose of the present Convention, unless expressly provided otherwise:

• 1 Container means an article of transport equipment:

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

  • (b) specially designed to facilitate the transport of goods, by one or more modes of transport, without intermediate reloading;

  • (c) designed to be secured and/or readily handled, having corner fittings for these purposes;

  • (d) of a size such that the area enclosed by the four outer bottom corners is either:

    • (i) at least 14 sq.m. (150 sq.ft.) or

    • (ii) at 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.

• 2 Corner fittings means an arrangement of apertures and faces at the top and/or bottom of a container for the purposes of handling, stacking and/or securing.

• 3 Administration means the Government of a Contracting Party under whose authority containers are approved.

• 4 Approved means approved by the Administration.

• 5 Approval means the decision by an Administration that a design type or a container is safe within the terms of the present Convention.

• 6 International 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 Convention 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.

• 7 Cargo means any goods, wares, merchandise and articles of every kind whatsoever carried in the containers.

• 8 New container means a container the construction of which was commenced on or after the date of entry into force of the present Convention.

• 9 Existing container means a container which is not a new container.

• 10 Owner means the owner as provided for under the national law of the Contracting Party or the lessee or bailee, if an agreement between the parties provides for the exercise of the owner’s responsibility for maintenance and examination of the container by such lessee or bailee.

• 11 Type of container means the design type approved by the Administration.

• 12 Type-series container means any container manufactured in accordance with the approved design type.

• 13 Prototype means a container representative of those manufactured or to be manufactured in a design type series.

• 14 Maximum Operating Gross Weight or Rating or R means the maximum allowable combined weight of the container and its cargo.

• 15 Tare Weight means the weight of the empty container including permanently affixed ancillary equipment.

• 16 Maximum Permissible Payload or P means the difference between maximum operating gross weight or rating and tare weight.

ARTICLE III
Application

• 1 The present Convention applies to new and existing containers used in international transport, excluding containers specially designed for air transport.

• 2 Every new container shall be approved in accordance with the provisions either for type-testing or for individual testing as contained in Annex I.

• 3 Every existing container shall be approved in accordance with the relevant provisions for approval of existing containers set out in Annex I within 5 years from the date of entry into force of the present Convention.

ARTICLE IV
Testing, Inspection, Approval and Maintenance

• 1 For the enforcement of the provisions in Annex I every Administration shall establish an effective procedure for the testing, inspection and approval of 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.

• 2 An Administration which entrusts such testing, inspection and approval to an organization shall inform the Secretary-General of the Inter-Governmental Maritime Consultative Organization (hereinafter referred to as “the Organization”) for communication to Contracting Parties.

• 3 Application for approval may be made to the Administration of any Contracting Party.

• 4 Every container shall be maintained in a safe condition in accordance with the provisions of Annex I.

• 5 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 withdraw the approval.

ARTICLE V
Acceptance of Approval

• 1 Approval 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 purposes covered by the present Convention. It shall be regarded by the other Contracting Parties as having the same force as an approval issued by them.

• 2 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 of 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 by air. The term “dangerous goods” shall have that meaning assigned to it by international agreements.

ARTICLE VI
Control

• 1 Every 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 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 carrying 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.

• 2 Where the container appears to have become unsafe as a result of a defect which may have existed when the container was approved, the Administration responsible for that approval shall be informed by the Contracting Party which detected the defect.

ARTICLE VII
Signature, ratification, acceptance, approval and accession

• 1 The present Convention shall be open for signature until 15 January 1973 at the Office of the United Nations at Geneva and subsequently 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 Court of Justice, and by any other State invited by the General Assembly of the United Nations to become a Party to the present Convention.

• 2 The present Convention is subject to ratification, acceptance or approval by States which have signed it.

• 3 The present Convention shall remain open for 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 VIII
Entry into force

• 1 The present Convention shall enter into force twelve months from the date of the deposit of the tenth instrument of ratification, acceptance, approval or accession.

• 2 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 shall enter into force twelve months after the date of the deposit by such State of its instrument of ratification, acceptance, approval or accession.

• 3 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 intention by that State,

  • (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 Convention not bound by the amendment.

ARTICLE IX
Procedure for amending any part or parts of the present Convention

• 1 The present Convention may be amended upon the proposal of a Contracting Party by any of the procedures specified in this article.

• 2 Amendment after consideration in the Organization:

  • (a) Upon the request of a Contracting Party, any amendment proposed by it to the present Convention shall be considered in the Organization. If adopted 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, such amendment shall be communicated to all Members of the Organization and all Contracting Parties at 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.

  • (b) If adopted by a two-thirds majority of those present and voting 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.

  • (c) Such amendment shall come into force twelve months after the date on which 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.

• 3 Amendment by a Conference:

Upon the request of a Contracting Party, 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.

ARTICLE X
Special procedure for amending the Annexes

• 1 Any amendment to the Annexes proposed by a Contracting Party shall be considered in the Organization at the request of that Party.

• 2 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-thirds majority of the Contracting Parties present and voting, such amendment shall be communicated by the Secretary-General to all Contracting Parties for their acceptance.

• 3 Such an amendment shall enter into force on a date to be determined by the Maritime Safety Committee at the time of its adoption 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 this 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.

• 4 On entry into force any amendment shall, for all Contracting Parties which have not objected to the amendment, replace and supersede any previous provision to which the amendment refers; an 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.

• 5 The Secretary-General shall inform all Contracting Parties and Members of the Organization of any request and communication under this article and the date on which any amendment enters into force.

• 6 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 which 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.

ARTICLE XI
Denunciation

• 1 Any Contracting Party may denounce 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.

• 2 A Contracting Party which has communicated an objection to an amendment to the Annexes may denounce the present Convention and such denunciation shall take effect on the date of entry into force of such an amendment.

ARTICLE XII
Termination

The 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.

ARTICLE XIII
Settlement of Disputes

• 1 Any 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 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 parties may request the Secretary-General to appoint an arbitrator or the Chairman of the arbitration tribunal.

• 2 The decision of the arbitration tribunal established under the provisions of paragraph 1 shall be binding on the parties to the dispute.

• 3 The arbitration tribunal shall determine its own rules of procedure.

• 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 vote.

• 5 Any controversy which may arise between the parties to the dispute as regards the interpretation and execution of the award may be submitted by any of the parties for judgment to the arbitration tribunal which made the award.

ARTICLE XIV
Reservations

• 1 Reservations 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 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 Secretary-General shall communicate such reservations to all States referred to in article VII.

• 2 Any reservations made in accordance with paragraph 1:

  • (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 the other Contracting Parties in their relations with the Contracting Party which entered the reservation.

• 3 Any Contracting Party which has formulated a reservation under paragraph 1 may withdraw it at any time by notification to the Secretary-General.

ARTICLE XV
Notification

In addition to the notifications and communications provided for in articles IX, X and XIV, the Secretary-General shall notify all the States referred to in article VII of the following:

• (a) signatures, ratifications, acceptances, approvals and accessions under article VII;

• (b) the dates of entry into force of the present Convention in accordance with article VIII;

• (c) the date of entry into force of amendments to the present Convention in accordance with articles IX and X;

• (d) denunciations under article XI;

• (e) the termination of the present Convention under article XII.

ARTICLE XVI
Authentic texts

The original of the present Convention, of which the Chinese, English, French, Russian and Spanish texts are equally 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 Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed the present Convention.

DONE at Geneva this second day of December, one thousand nine hundred and seventy-two.

ANNEX IRegulations for the Testing, Inspection, Approval and Maintenance of Containers

Chapter I — Regulations Common to All Systems of Approval

Regulation 1
Safety Approval Plate

• 1. (a) A Safety Approval Plate conforming to the specifications set out in the Appendix of this Annex shall be permanently affixed to every approved container at a readily visible place, adjacent to any other approval plate issued for official purposes, where it would not be easily damaged.

• (b) On each container for which the construction is commenced on or after January 1, 1984 all maximum gross weight markings on the container shall be consistent with the maximum gross weight information on the Safety Approval Plate.

• (c) On each container for which the construction was commenced before January 1, 1984 all maximum gross weight markings on the container shall be made consistent with the maximum gross weight information on the Safety Approval Plate not later than January 1, 1989.

• 2. (a) The Plate shall contain the following information in at least the English or French language:

  • “CSC SAFETY APPROVAL”
  • Country of approval and approval reference
  • Date (month and year) of manufacture
  • Manufacturer’s identification number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration
  • Maximum operating gross weight (kilogrammes and lbs.)
  • Allowable stacking weight for 1.8 g (kilogrammes and lbs.)
  • Transverse racking test load value (kilogrammes and lbs.).

• (b) A blank space should be reserved on the Plate for insertion of end-wall and/or side-wall strength values (factors) in accordance with paragraph 3 of this Regulation and Annex II, tests 6 and 7. A blank space should also be reserved on the Plate for the first and subsequent maintenance examination dates (month and year) when used.

• 3 Where the Administration considers that a new container satisfies the requirements of the present Convention in respect of safety and if, for such container, the end-wall and/or side-wall strength values (factor) are designed to be greater or less than those stipulated in Annex II, such values shall be indicated on the Safety Approval Plate.

• 4 The presence of the Safety Approval Plate does not remove the necessity of displaying such labels or other information as may be required by other regulations which may be in force.

Regulation 2
Maintenance and Examination

• 1 The owner of the container shall be responsible for maintaining it in safe condition.

  • 2. (a) The owner of an approved container shall examine the container or have it examined in accordance with the procedure either prescribed or approved by the Contracting Party concerned, at intervals appropriate to operating conditions.

  • (b) The date (month and year) before which a new container shall undergo its first examination shall be marked on the Safety Approval Plate.

  • (c) The date (month and year) before which the container shall be re-examined shall be clearly marked on the container on or as close as practicable to the Safety Approval Plate and in a manner acceptable to that Contracting Party which prescribed or approved the particular examination procedure involved.

  • (d) The interval from the date of manufacture to the date of the first examination shall not exceed five years. Subsequent examination of new containers and re-examination of existing containers shall be at intervals of not more than 30 months. All examinations shall determine whether the container has any defects which could place any person in danger. As a transitional provision, any requirements for marking on containers the date of the first examination of new containers or the re-examination of new containers covered in Regulation 10 and of existing containers shall be waived until January 1, 1987. However, an Administration may make more stringent requirements for the containers of its own (national) owners.

  • 3. (a) As an alternative to paragraph 2, the Contracting Party concerned may approve a continuous examination programme if satisfied, on evidence submitted by the owner, that such a programme provides a standard of safety not inferior to the one set out in paragraph 2 above.

  • (b) To indicate that the container is operated under an approved continuous examination programme, a mark showing the letters “ACEP” and the identification of the Contracting Party which has granted approval of the programme shall be displayed on the container on or as close as practicable to the Safety Approval Plate.

  • (c) All examinations performed under such a programme shall determine whether a container has any defects which could place any person in danger. They shall be performed in connection with a major repair, refurbishment, or on-hire/off-hire interchange and in no case less than once every 30 months.

  • (d) As a transitional provision any requirements for a mark to indicate that the container is operated under an approved continuous examination programme shall be waived until January 1, 1987. However, an Administration may make more stringent requirements for the containers of its own (national) owners.

• 4 For the purpose of this Regulation “the Contracting Party concerned” is the Contracting Party of the territory in which the owner is domiciled or has his head office. However, in the event that the owner is domiciled or has head office in a country the government of which has not yet made arrangements for prescribing or approving an examination scheme and until such time as the arrangements have been made, the owner may use the procedure prescribed or approved by the Administration of a Contracting Party which is prepared to act as “the Contracting Party concerned”. The owner shall comply with the conditions for the use of such procedures set by the Administration in question.

Chapter II — Regulations for Approval of New Containers by Design Type

Regulation 3
Approval of New Containers

To qualify for approval for safety purposes under the present Convention all new containers shall comply with the requirements set out in Annex II.

Regulation 4
Design Type Approval

In the case of containers for which an application for approval has been submitted, the Administration will examine designs and witness testing of a prototype container to ensure that the containers will conform to the requirements set out in Annex II. When satisfied, the Administration shall notify the applicant in writing that the container meets the requirements of the present Convention and this notification shall entitle the manufacturer to affix the Safety Approval Plate to every container of the design type series.

Regulation 5
Provisions for Approval by Design Type

• 1 Where the containers are to be manufactured by design type series, application made to an Administration for approval by design type shall be accompanied by drawings, a design specification of the type of container to be approved and such other data as may be required by the Administration.

• 2 The applicant shall state the identification symbols which will be assigned by the manufacturer to the type of container to which the application for approval relates.

• 3 The application shall also be accompanied by an assurance from the manufacturer that he will:

  • (a) produce to the Administration such containers of the design type concerned as the Administration may wish to examine;

  • (b) advise the Administration of any change in the design or specification and await its approval before affixing the Safety Approval Plate to the container;

  • (c) affix the Safety Approval Plate to each container in the design type series and to no others;

  • (d) keep a record of containers manufactured to the approved design type.

  This record shall at least contain the manufacturer’s identification numbers, dates of delivery and names and addresses of customers to whom the containers are delivered.

• 4 Approval may be granted by the Administration to containers manufactured as modifications of an approved design type if the Administration is satisfied that the modifications do not affect the validity of tests conducted in the course of design type approval.

• 5 The Administration shall not confer on a manufacturer authority to affix Safety Approval Plates on the basis of design type approval unless satisfied that the manufacturer has instituted internal production-control features to ensure that the containers produced will conform to the approved prototype.

Regulation 6
Examination during Production

In order to ensure that containers of the same design type series are manufactured to the approved design, the Administration shall examine or test as many units as it considers necessary, at any stage during production of the design type series concerned.

Regulation 7
Notification of Administration

The manufacturer shall notify the Administration prior to commencement of production of each new series of containers to be manufactured in accordance with an approved design type.

Chapter III — Regulations for Approval of New Containers by Individual Approval

Regulation 8
Approval of Individual Containers

Approval of individual containers may be granted where the Administration, after examination and witnessing of tests, is satisfied that the container meets the requirements of the present Convention; the Administration, when so satisfied, shall notify the applicant in writing of approval and this notification shall entitle him to affix the Safety Approval Plate to such container.

Chapter IV — Regulations for Approval of Existing Containers and New Containers Not Approved at the Time of Manufacture

Regulation 9
Approval of Existing Containers

• 1 If, within 5 years from the date of entry into force of the present Convention, the owner of an existing container presents the following information to an Administration:

  • (a) date and place of manufacture;

  • (b) manufacturer’s identification number of the container if available;

  • (c) maximum operating gross weight capability;

  • (d)

    • (i) evidence that a container of this type has been safely operated in maritime and/or inland transport for a period of at least two years, or

    • (ii) evidence to the satisfaction of the Administration that the container was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II, with the exception of those technical conditions relating to the end-wall and side-wall strength tests, or

    • (iii) evidence that the container was constructed to standards which, in the opinion of the Administration, were equivalent to the technical conditions set out in Annex II, with the exception of those technical conditions relating to the end-wall and side-wall strength tests;

  • (e) allowable stacking weight for 1.8g (kilogrammes and lbs.); and

  • (f) such other data as required for the Safety Approval Plate;

  then the Administration, after investigation, shall notify the owner in writing whether approval is granted; and if so, this notification shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2.

• 2 Existing containers which do not qualify for approval under paragraph 1 of this Regulation may be presented for approval under the provisions of Chapter II or Chapter III of this Annex. For such containers the requirements of Annex II relating to end-wall and/or side-wall strength tests shall not apply. The Administration may, if it is satisfied that the containers in question have been in service, waive such of the requirements in respect of presentation of drawings and testing, other than the lifting and floor-strength tests, as it may deem appropriate.

• 3 The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January, 1985.

Regulation 10
Approval of New Containers Not Approved at Time of Manufacture

If, on or before 6 September, 1982, the owner of a new container which was not approved at the time of manufacture presents the following information to an Administration:

• (a) date and place of manufacture;

• (b) manufacturer’s identification number of the container if available;

• (c) maximum operating gross weight capability;

• (d) evidence to the satisfaction of the Administration that the container was manufactured to a design type which had been tested and found to comply with the technical conditions set out in Annex II;

• (e) allowable stacking weight for 1.8 g (kilograms and lbs.); and

• (f) such other data as required for the Safety Approval Plate;

the Administration, after investigation, may approve the container, notwithstanding the provisions of Chapter II. Where approval is granted, such approval shall be notified to the owner in writing, and this notification shall entitle the owner to affix the Safety Approval Plate after an examination of the container concerned has been carried out in accordance with Regulation 2. The examination of the container concerned and the affixing of the Safety Approval Plate shall be accomplished not later than 1 January, 1985.

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 mm by 100 mm. The words “CSC Safety Approval” of a minimum letter height of 8 mm and all other words and numbers of a minimum height of 5 mm shall be stamped into, embossed on or indicated on the surface of the Plate in any other permanent and legible way.

• 1 Country of Approval and 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).

• 2 Date (month and year) of manufacture.

• 3 Manufacturer’s identification number of the container or, in the case of existing containers for which that number is unknown, the number allotted by the Administration.

• 4 Maximum Operating Gross Weight (kilogrammes and lbs.).

• 5 Allowable Stacking Weight for 1.8 g (kilogrammes and lbs.).

• 6 Transverse Racking Test Load Value (kilogrammes and lbs.).

• 7 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 maximum 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 maximum permissible payload, i.e. 0.6 P.

• 9 First maintenance examination date (month and year) for new containers and subsequent maintenance examination dates (month and year) if Plate used for this purpose.