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1、TRANS/WP.11/2005/10page 89UNITEDNATIONSEEconomic and SocialCouncilDistr.GENERALTRANS/WP.11/2005/102 August 2005ENGLISHOriginal: ENGLISH AND FRENCHECONOMIC COMMISSION FOR EUROPEINLAND TRANSPORT COMMITTEEWorking Party on the Transport of Perishable FoodstuffsSixty-first session, Geneva, 31 October-3 N
2、ovember 2005Item 9 of the provisional agendaAGREEMENT ON THE INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS AND ON THE SPECIAL EQUIPMENT TO BE USED FOR SUCH CARRIAGE (ATP)ATP HANDBOOKPrepared by the secretariat1.The present document is based on the draft handbook prepared for the fifty-ninth sessio
3、n (TRANS/WP.11/2003/11). 2.Comments are placed with the provisions of the Agreement to which they refer.3.Comments do not modify the provisions of the Agreement or of its Annexes but merely make their contents, meaning and scope more precise.4.Comments provide a means of applying the provisions of t
4、he Agreement and of its Annexes so as to take into account the development of technology and economic requirements. They could also describe certain recommended practices.5.Comments contained in the ATP Handbook are not legally binding for Contracting Parties of the ATP. They are, however, important
5、 for the interpretation, harmonization and application of the Agreement as they reflect the opinion of the Working Party on the Transport of Perishable Foodstuffs of the Inland Transport Committee of the Economic Commission for Europe (UNECE).6.The text below comprises comments to the Agreement itse
6、lf and the annexes (for the Annex 1 to ATP, see the revised version as adopted by the Working Party at its sixtieth session).*TABLE OF CONTENTSPageAgreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage (ATP)5Annex 1DEFINITIONS OF AN
7、D STANDARDS FOR SPECIAL EQUIPMENT FOR THE CARRIAGE OF PERISHABLE FOODSTUFFS151. Insulated equipment152. Refrigerated equipment153. Mechanically refrigerated equipment164. Heated equipment16Annex 1, Appendix 1Provisions relating to the checking of insulated, refrigerated, mechanically refrigerated or
8、 heated equipment for compliance with standards17Annex 1, Appendix 2Methods and procedures for measuring and checking the insulating capacity and the efficiency of the cooling or heating appliances of special equipment for the carriage of perishable foodstuffs211. Definitions and general principles2
9、12. Insulating capacity of equipment222.1Equipment other than liquidfoodstuffs tanks222.2Liquid-foodstuffs tanks232.3Provisions common to all types of insulated equipment253. Effectiveness of thermal appliances of equipment263.1Refrigerated equipment263.2Mechanically refrigerated equipment283.3Heate
10、d equipment294.Procedure for measuring the effective refrigerating capacity Wo of a unit when the evaporator is free from frost294.1General principles294.2Test method304.3Test procedure304.4Test result335.Checking the insulating capacity of equipment in service345.1General examination of the equipme
11、nt345.2Examination for air-tightness (not applicable to tank equipment)345.3Decisions356.Verifying the effectiveness of thermal appliances of equipment in service356.1 Refrigerated equipment other than equipment with fixed eutectic accumulators356.2Mechanically refrigerated equipment366.3Heated equi
12、pment366.4 Provisions common to refrigerated, mechanically refrigerated and heated equipment367.Test reports37Annex 1, Appendix 369A. Form of certificate for insulated, refrigerated, mechanically refrigerated or heated equipment used for the international carriage of perishable foodstuffs by land69B
13、. Certification plate of compliance of the equipment, as provided for in annex l, appendix l, paragraph 371Annex 1, Appendix 4Distinguishing marks to be affixed to special equipment73Annex 2SELECTION OF EQUIPMENT AND TEMPERATURE CONDITIONS TO BE OBSERVED FOR THE CARRIAGEOF QUICK (DEEP)-FROZEN AND FR
14、OZEN FOODSTUFFS75Annex 2, Appendix 1Monitoring of air temperatures for transport of perishable foodstuffs quick frozen77Annex 2, Appendix 2Procedure for the sampling and measurement of temperature for carriage of chilled, frozen and quick-frozen perishable foodstuffs quick frozen78Annex 3SELECTION O
15、F EQUIPMENT AND TEMPERATURE CONDITIONS TO BE OBSERVED FOR THE CARRIAGE OF CHILLED FOODSTUFFS81AGREEMENT ON THE INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFSAND ON THE SPECIAL EQUIPMENT TO BE USED FOR SUCH CARRIAGE (ATP)THE CONTRACTING PARTIES,DESIROUS of improving the conditions of preservation of
16、 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,HAVE AGREED as follows:Chapter ISPECIAL TRANSPORT EQUIPMENTArticle 1For the inter
17、national carriage of perishable foodstuffs, equipment shall not be designated as insulated, refrigerated, mechanically refrigerated, or heated equipment unless it complies with the definitions and standards set forth in annex 1 to this Agreement.Article 2The Contracting Parties shall take the measur
18、es necessary to ensure that the equipment referred to in article1 of this Agreement is inspected and tested for compliance with the said standards in conformity with the provisions of annex 1, appendices 1, 2, 3 and 4, to this Agreement. Each Contracting Party shall recognize the validity of certifi
19、cates of compliance issued in conformity with annex 1, appendix1, paragraph3 to this Agreement by the competent authority of another Contracting Party. Each Contracting Party may recognize the validity of certificates of compliance issued in conformity with the requirements of annex 1, appendices 1
20、and 2, to this Agreement by the competent authority of a State not a Contracting Party.Comment:The issuing of a certificate of compliance by the competent authorities on the basis of test reports, is referred to in annex 1, appendix 1, paragraph 3, but there is no indication that such reports had to
21、 be issued by a testing station in the country of registration of the equipment.The test reports in accordance with annex 1, appendix 2 are not certificates. To avoid duplication of the test, each Contracting Party should recognize test stations from any Contracting Party, approved by the competent
22、authority of the country concerned.Contracting Parties may recognize the test reports, issued by testing stations in countries of non-contracting parties and approved by the competent authority of those countries.Chapter IIUSE OF SPECIAL TRANSPORT EQUIPMENT FOR THE INTERNATIONALCARRIAGE OF CERTAIN P
23、ERISHABLE FOODSTUFFSArticle 31.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 paragraph2 of this article by rail, by road or by a combination of the two, of quick (deep)-fr
24、ozen 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 eq
25、uipment 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 t
26、his 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 150km on condition that the goods are shipped in equipment used for the land journey or journeys without transloading of the goods and that
27、 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 paragraphs1 and 2 of this article, the Contracting Parties need not apply the provisions of article4 of this Agre
28、ement to the carriage of foodstuffs not intended for human consumption.Comment:Except in the case of the sea crossings referred to in article 3, paragraph 2, land/sea/land transport, with or without reloading of the goods at the end of the sea crossing(s) is not subject to the provisions of the Agre
29、ement if the land transport operations in question are not in themselves of an international nature.Article 41.For the carriage of the perishable foodstuffs specified in annexes2 and3 to this Agreement, the equipment referred to in article1 of this Agreement shall be used unless the temperatures to
30、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 b
31、e 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 par
32、agraph 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 f
33、or them.2.If during carriage under this Agreement the provisions of paragraph1 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
34、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
35、 as it is not incompatible with the other international undertakings referred to in the last sentence of paragraph1 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 paragrap
36、h1 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,
37、 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 services they have undertaken to procure or provide.4.During carriage which is subject t
38、o 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 paragraph1 of this article shall rest, subject to the provisions of paragraph3 of this article,in the case of transport for h
39、ire 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;i
40、n other cases with the person, whether an individual or a corporate body, who performs carriage.Chapter IIIMISCELLANEOUS PROVISIONSArticle 5The provisions of this Agreement shall not apply to carriage in containers classified as thermal maritime by land without transloading of the goods where such c
41、arriage is preceded or followed by a sea crossing other than a sea crossing as referred to in article3, paragraph2, of this Agreement.Comment:Land transport by container, preceded or followed by one or more sea crossings, other than those referred to in article 3, paragraph 2, is not subject to the
42、provisions of the Agreement.Article 61.Each Contracting Party shall take all appropriate measures to ensure observance of the provisions of this Agreement. The competent administrations of the Contracting Parties shall keep one another informed of the general measures taken for this purpose.2.If a C
43、ontracting Party discovers a breach committed by a person residing in the territory of another Contracting Party, or imposes a penalty upon such a person, the administration of the first Party shall inform the administration of the other Party of the breach discovered and of the penalty imposed.Arti
44、cle 7The Contracting Parties reserve the right to enter into bilateral or multilateral agreements to the effect that provisions applicable to special equipment and provisions applicable to the temperatures at which certain foodstuffs are required to be maintained during carriage may, more particular
45、ly by reason of special climatic conditions, be more stringent than those prescribed in this Agreement. Such provisions shall apply only to international carriage between Contracting Parties which have concluded bilateral or multilateral agreements as referred to in this article. Such agreements sha
46、ll be transmitted to the Secretary-General of the UnitedNations, who shall communicate them to Contracting Parties to this Agreement which are not signatories of the said agreements.Article 8Failure to observe the provisions of this Agreement shall not affect either the existence or the validity of contracts entered into for the performance of carriage.Chapter IVFINAL PROVISIONSArticle 91.States members of the Economic Commission for Europe and States admitted to the Commission in a consultative capacity under par
