The Contracting Parties,
Desirous of improving the conditions of preservation of the quality of perishable foodstuffs during their carriage, particularly in international trade,
Considering that the improvement of those conditions is likely to promote the expansion of trade in perishable foodstuffs,
1.
The provisions of article 4 of this Agreement shall apply to all carriage, whether for hire or reward or for own account, carried out exclusively - subject to the provisions of paragraph 2 of this article - by rail, by road or by a combination of the two, of
- quick (deep)-frozen and frozen foodstuffs, and of
- foodstuffs referred to in annex 3 to this Agreement even if they are neither quick (deep)-frozen nor frozen,
if the point at which the goods are, or the equipment containing them is, loaded on to a rail or road vehicle and the point at which the goods are, or the equipment containing them is, unloaded from that vehicle are in two different States and the point at which the goods are unloaded is situated in the territory of a Contracting Party.
In the case of carriage entailing one or more sea crossings other than sea crossings as referred to in paragraph 2 of this article, each land journey shall be considered separately.
2.
The provisions of paragraph 1 of this article shall likewise apply to sea crossings of less than 150 km on condition that the goods are shipped in equipment used for the land journey or journeys without transloading of the goods and that such crossings precede or follow one or more land journeys as referred to in paragraph 1 of this article or take place between two such land journeys.
3.
Notwithstanding the provisions of paragraphs 1 and 2 of this article, the Contracting Parties need not apply the provisions of article 4 of this Agreement to the carriage of foodstuffs not intended for human consumption.
1.
For the carriage of the perishable foodstuffs specified in annexes 2 and 3 to this Agreement, the equipment referred to in article 1 of this Agreement shall be used unless the temperatures to be anticipated throughout carriage render this requirement manifestly unnecessary for the purpose of maintaining the temperature conditions specified in annexes 2 and 3 to this Agreement. The equipment shall be so selected and used that the temperature conditions prescribed in the said annexes can be complied with throughout carriage. Furthermore, all appropriate measures shall be taken, more particularly as regards the temperature of the foodstuffs at the time of loading and as regards icing or re-icing during the journey or other necessary operations. Nevertheless, the provisions of this paragraph shall apply only in so far as they are not incompatible with international undertakings in the matter of international carriage arising for the Contracting Parties by virtue of conventions in force at the time of the entry into force of this Agreement or by virtue of conventions substituted for them.
2.
If during carriage under this Agreement the provisions of paragraph 1 of this article have not been complied with,
(a) the foodstuffs may not be disposed of in the territory of a Contracting Party after completion of carriage unless the competent authorities of that Contracting Party deem it compatible with the requirements of public health to authorize such disposal and unless such conditions as the authorities may attach to the authorization when granting it are fulfilled; and
(b) every Contracting Party may, by reason of the requirements of public health or zooprophylaxis and in so far as it is not incompatible with the other international undertakings referred to in the last sentence of paragraph 1 of this article, prohibit the entry of the foodstuffs into its territory or make their entry subject to such conditions as it may determine.
3.
Compliance with the provisions of paragraph 1 of this article shall be required of carriers for hire or reward only in so far as they have undertaken to procure or provide services intended to ensure such compliance and if such compliance depends on the performance of those services. If other persons, whether individuals or corporate bodies, have undertaken to procure or provide services intended to ensure compliance with the provisions of this Agreement, they shall be required to ensure such compliance in so far as it depends on performance of the service they have undertaken to procure or provide.
4.
During carriage which is subject to the provisions of this Agreement and for which the loading point is situated in the territory of a Contracting Party, responsibility for compliance with the requirements of paragraph 1 of this article shall rest, subject to the provisions of paragraph 3 of this article,
- in the case of transport for hire or reward, with the person, whether an individual or a corporate body, who is the consignor according to the transport document or, in the absence of a transport document, with the person, whether an individual or a corporate body, who has entered into the contract of carriage with the carrier;
- in other cases with the person, whether an individual or a corporate body, who performs carriage.
Inhoudsopgave
Agreement on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage (ATP)
- Chapter I. Special transport equipment
- Chapter II. Use of special transport equipment for the international carriage of certain perishable foodstuffs
+ Chapter III. Miscellaneous provisions
+ Chapter IV. Final provisions
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