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22. Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be used for such Carriage (ATP)1

Geneva, 1 September 1970

 

Entry into force: 21 November 1976, in accordance with article 11 (1).
Registration: 21 November 1976, No. 15121.
Status: Signatories: 7 ,Parties: 44.
Text: United Nations, Treaty Series, vol. 1028, p. 121; depositary notifications C.N.343.1980.TREATIES-8 of 4 December 1980, C.N.211.1982.TREATIES-6 of 30 September 1982 and C.N.292.1982. TREATIES-9 of 20 December 1982 (addendum), vol. 1347, p. 342, C.N.243.1985.TREATIES-4 of 18 October 1985, C.N.280.1985.TREATIES-5 of 11 November 1985; C.N.54.1986.TREATIES-2 of 7 April 1986 (corrigendum), C.N.286.1985. TREATIES-6 of 12 November 1985; C.N.155. 1986.TREATIES-5 of 26 August 1986 (addendum); C.N.199.1987.TREATIES-5 of 5 October 1987 and C.N.266.1987.TREATIES-6 of 14 December 1987 (addendum), C.N.59.1988.TREATIES-1 of 6 May 1988 (addendum); C.N.305.1980.TREATIES-6 of 10 November 1980; C.N.185.1984. TREATIES-4 of 21 August 1984 (amendments to annex 3); C.N.123.1989.TREATIES-2 of 27 June 1989 (amendments to annex 2); C.N.165.1989. TREATIES-3 of 14 August 1989, C.N.229.1989. TREATIES-4 of 29 September 1989; C.N.9.1990.TREATIES-1 of 12 March 1990 and C.N.319.1990.TREATIES-7 of 15 March 1990 (corrigendum); C.N.190.1991.TREATIES-2 of 18 October 1991 and C.N.85.1992.TREATIES-2 of 15 June 1992 (amendments to annex 1); C.N.450.1993.TREATIES-3 of 30 December 1993 (amendments to annex 1); C.N.397.1994.TREATIES-4 of 24 February 1995 (amendments to article 18 and annex 1); C.N.414.1994.TREATIES-6 of 13 February 1995 (amendments to annexes 2 and 3)2; C.N.71.1996.TREATIES-1 of 13 May 1996 (transmission of annex 2, appendix 2); C.N.416.1994.TREATIES-7 of 22 February 1995 (amendments to annex 1); and C.N.309.1997.TREATIES-2 of 30 July 1997 (amendments to articles 5 and 10 (1) ); C.N.919.1998.TREATIES-6 of 27 July 1998 (proposal of amendments to article 18 and to annex 1, appendix 4); C.N.1241.1999.TREATIES-5 of 7 February 2000 (Netherlands: Notification under article 18 (2) (b) of the Agreement); C.N.55.2000.TREATIES-1 of 7 February 2000 (Germany: Notification under article 18 (2) (b) of the Agreement); C.N.83.2000.TREATIES-3 of 6 February 2000 (Germany: Objection and Notification under article 18 (2) (b) of the Agreement) and C.N.1001.2000.TREATIES-4 of 27 October 2000 (Adoption of amendments to Annex 1, Appendix 4); C.N.1038.1999.TREATIES-3 of 23 November 1999 (Proposal of Amendments to Annex 3) and C.N.256.TREATIES-4 of 2 May 2000 (Germany: Notification under article 18 (2) (b) of the Agreement) and C.N.347.2000.TREATIES-7 of 5 June 2000 (Spain: Objection to the proposal of amendments to Annex 3); C.N.70.2000.TREATIES-2 of 11 February 2000 (Proposal of amendment to annex 1, appendix 4) and C.N.563.2000.TREATIES-3 of 15 August 2000 (adoption of amendment to annex 1, appendix 4); C.N.63.2001.TREATIES-1 of 15 February 2001 (proposal of amendments to annex 1, appendices 2 and 3); C.N.768.2001.TREATIES-4 of 15 August 2001 (Germany: Notification under article 18 (2) (B) of the Agreement) and C.N.651.2002.TREATIES-2 of 20 June 2002 (acceptance); C.N.106.2002.TREATIES-1 of 7 February 2002 (Proposal of amendments to annex 1, appendix 1), C.N.703.2002.TREATIES-2 of 1 July 2002 (Germany: notification under article 18 (2) (b) of the Agreement and C.N.363.2003.TREATIES-4 of 7 May 2003 (acceptance)3; C.N.228.2003.TREATIES-2 of 12 March 2003 et doc. TRANS/WP.11/206 (Proposal of amendments to annexes 1 and 3), C.N.663.2003.TREATIES 6 of 27 June 2003 [Germany: Notification under article 18(2)(b) of the Agreement)]4 and C.N.616.2004.TREATIES-1 of 15 June 2004 (Acceptance of amendments to Annexes 1 and 3); C.N. 1535.2003.TREATIES-7 of 19 December 2003 (Proposal of amendments to Annex 1, Appendix 2) and C.N.646.2004.TREATIES-1 of 21 June 2004 (Acceptance of amendments to Annex 1, Appendix 2); C.N.500.2005.TREATIES-3 of 27 June 2005 (Proposal of amendments to Annex 1, Appendix 1); C.N.481.2005.TREATIES-2 of 13 July 2005 and doc.TRANS/WP.11/2005/2 (amendments to Annex 1); C.N.261.2006.TREATIES-1 of 29 March 2006 and re-issued on 5 April 2006 (Proposal of amendments to Article 2 and Annexes 1 and 2 ) and C.N.673.2006.TREATIES-2 of 29 August 2006 (Germany: Objection to the proposal of amendments to article 2 and Annexes 1 and 2); C.N.525.2007.TREATIES-2 of 1 May 2007 (Proposal of amendments to the ATP) and C.N.1065.2007.TREATIES-5 of 8 November 2007 (Germany: Objection to the proposal of amendments to the Agreement).5 
 

 

PARTICIPANTS


Participant  Signature  Definitive signature (s), Ratification, Accession (a), Succession (d) 
Albania    26 Jan 2005 a 
Austria  28 May 1971  1 Mar 1977 
Azerbaijan    8 May 2000 a 
Belarus    3 Aug 2001 a 
Belgium    1 Oct 1979 a 
Bosnia and Herzegovina6    12 Jan 1994 d 
Bulgaria    26 Jan 1978 a 
Croatia6    3 Aug 1992 d 
Czech Republic7    2 Jun 1993 d 
Denmark    22 Nov 1976 a 
Estonia    6 Feb 1998 a 
Finland    15 May 1980 a 
France8    1 Mar 1971 s 
Georgia    30 Nov 1998 a 
Germany9,10  4 Feb 1971  8 Oct 1974 
Greece    1 Apr 1992 a 
Hungary    4 Dec 1987 a 
Ireland    22 Mar 1988 a 
Italy  28 May 1971  30 Sep 1977 
Kazakhstan    17 Jul 1995 a 
Latvia    6 Feb 2003 a 
Lithuania    28 Apr 2000 a 
Luxembourg  25 May 1971  9 May 1978 
Moldova    11 Sep 2007 a 
Monaco    24 Oct 2001 a 
Montenegro11    23 Oct 2006 d 
Morocco    5 Mar 1981 a 
Netherlands12  28 May 1971  30 Nov 1978 
Norway    14 Jul 1979 a 
Poland    5 May 1983 a 
Portugal  28 May 1971  15 Aug 1988 
Romania    22 Apr 1999 a 
Russian Federation    10 Sep 1971 a 
Serbia6    12 Mar 2001 d 
Slovakia7    28 May 1993 d 
Slovenia6    6 Aug 1993 d 
Spain    24 Apr 1972 a 
Sweden    13 Dec 1978 a 
Switzerland  28 May 1971   
The Former Yugoslav Republic of Macedonia6    20 Dec 1999 d 
Tunisia    3 Apr 2007 a 
Ukraine    25 Jul 2007 a 
United Kingdom of Great Britain and Northern Ireland    5 Oct 1979 a 
United States of America    20 Jan 1983 a 
Uzbekistan    11 Jan 1999 a 
 

 

DECLARATIONS


Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made upon definitive

signature, ratification, accession or succession. For objections thereto, see hereinafter.)

Bulgaria13

Declarations:

The People's Republic of Bulgaria declares that article 9, which entitles only States members of the Economic Commis- sion for Europe to become Parties to the Agreement, is discrimi- natory. The People's Republic of Bulgaria also declares that article 14, pursuant to which a State may declare that the Agreement will also be applicable to territories for the international relations of which that State is responsible, is contrary to the General Assembly's Declaration on the Granting of Independence to Colonial Countries and Peoples of 14 December 1960.

Czech Republic7

Hungary

"[The Government of the Hungarian People's Republic] does not consider itself bound by article l5, paragraphs 2 and 3, of the Agreement."

Poland14

Russian Federation

Reservation:

The Union of Soviet Socialist Republics does not consider itself bound by the provisions of article15, paragraphs 2 and 3, of the Agreement relating to the mandatory submission to arbitration, at the request of one of the Parties, of any dispute concerning the interpretation or application of the Agreement.

Declarations:

The Union of Soviet Socialist Republics deems it necessary to state that the provisions of article 9 of the Agreement, which limit the circle of possible participants to this Agreement, are of a discriminatory character, and states that, in accordance with the principles of sovereign equality among States, the Agreement should be opened for participation by all European States without any discrimination or restriction;

The provisions of article 14 of the Agreement under which Contracting Parties may extend its applicability to territories for the international relations of which they are responsible, are outmoded and contrary to the Declaration of the United Nations General Assembly on the Granting of Independence to Colonial Countries and Peoples (resolution 1514 (XV) of 14 December 1960).

Slovakia7

United States of America

Declaration:

"The Agreement does not apply to carriage in the United States of America and its territories."

Objections

(Unless otherwise indicated, the objections were received

upon definitive signature, ratification, accession or succession.)

France

13 January 1984

[The French Government] considers that only European States can formulate the declaration provided for in article 10 with respect to carriage performed in territories situated outside Europe.

It therefore raises an objection to the declaration by the Government of the United States of America and, consequently, declares that it will not be bound by the ATP Agreement in its relations with the United States of America.

Italy

19 January 1984

[Same objection as under France.]

United States of America

21 September 1984

"The United States considers that under the clear language of article 10 [of the Agreement], as confirmed by the negotiating history, any State party to the Agreement may file a declaration under that article. The United States therefore considers that the objections of Italy and France and the declarations that those nations will not be bound by the Agreement in their relations with the United States are unwarranted and regrettable. The United States reserves its rights with regard to this matter and proposes that the parties continue to attempt cooperatively to resolve the issue."

 

 

NOTES


1. Although listed in this chapter for reasons of convenience, this agreement is not limited to transport by road.


2. In a communication dated 11 August 1995, the Government of Slovakia notified the Secretary-General, pursuant to article 18 (2)(b) of the Agreement, that although it intended to accept the proposal of the Government of the United Kingdom of Great Britain and Northern Ireland to annex 3, the conditions necessary for such acceptance were not yet fulfilled in respect of Slovakia. In view of this and in accordance with the provisions of paragraphs 2 and 5 of article 18, the proposed amendments were deemed to have been accepted as, before the expiry of a period of nine months following the expiry of the period of six months indicated in depositary notification C.N.414.1994.TREATIES-6 of 13 February 1995, i.e. before 14 May 1996, the Government of Slovakia had not submitted an objection to the said proposed amendments. In accordance with article 18 (6), the amendments will enter into force six months after the date of acceptance, i.e. on 14 November 1996.


3. In a communication received on 2 July 2002, the Government of Germany notified the Secretary-General, pursuant to article 18 (2) (b) of the Agreement, that although it intended to accept the proposal transmitted by C.N.106.2002.TREATIES-1 of 7 February 2002 to amend the Agreement, the conditions necessary for such acceptance were not yet fulfilled. In view of this and in accordance with the provisions of paragraphs 2 and 5 of article 18, the proposed amendments were deemed to have been accepted as, before the expiry of a period of nine months following the expiry of the period of six months indicated in depositary notification C.N.703.2003.TREATIES-2 of 10 July 2002, i.e. before 7 May 2003, the Government of Germany had not submitted an objection to the said proposed amendments. In accordance with article 18 (6), the amendments will enter into force six months after the date of acceptance, i.e. on 7 November 2003.


4. In a communication received on 26 June 2003, the Government of Germany notified the Secretary-General, pursuant to article 18 (2) (b) of the Agreement, that although it intended to accept the proposal, transmitted by C.N.228.2003.TREATIES-2 of 12 March 2003 to amend the Agreement, the conditions necessary for such acceptance were not yet fulfilled. In view of this and in accordance with the provisions of paragraphs 2 and 5 of article 18, the proposed amendments were deemed to have been accepted as, before the expiry of a period of nine months following the expiry of the period of six months indicated in depositary notification C.N.663.2003.TREATIES-6 of 27 June 2003, i.e. before 12 June 2004, the Government of Germany had not submitted an objection to the said proposed amendments. In accordance with article 18 (6), the amendments will enter into force six months after the date of acceptance, i.e. on 12 December 2004.


5. Other amendments to the Agreement were also proposed by various States as indicated hereinafter, but not accepted, one or more objections thereto having been notified to the Secretary-General:

Proposed by:  Articles or Annexes:  Depositary notification reference: 
Denmark  Annex 3  C.N.154.1977.TREATIES-3 of 1 une 1977 and C.N.44.1978.TREATIES-2 of 28 March 1978. 
  Annex 3  C.N.248.1981.TREATIES-5 of 29 September 1981, C.N.52.1982.TREATIES-2 of 15 March 1982 and C.N.116.1982.TREATIES-4 of 17 May 1982. 
United Kingdom  Annexes 2 and 3  C.N.318.1983.TREATIES-4 of 20 October 1983 and C.N.78.1984.TREATIES-2 of 16 July 1984. 
France  Annex 1  C.N.224.1984.TREATIES-5 of 25 September 1984 and C.N.79.1985.TREATIES-3 of 12 April 1985. 
  Annex 1  C.N.66.1985.TREATIES-2 of 30 July 1985, C.N.14.1986.TREATIES-1 of 10 March 1986, and C.N.243.1986.TREATIES-6 of 4 December 1986. 
Italy  Article 10 (1)  C.N.121.1988.TREATIES-3 of 30 June 1988 and C.N.211.1988.TREATIES-5 of 26 October 1988. 
Germany  Annex 1*  C.N.85.1992.TREATIES-2 of 15 June 1992 and C.N.469.1992.TREATIES-5 of 31 December 1992. 
  Annex 3  C.N.131.1994.TREATIES-1 of 15 June 1994 and C.N.401.1994.TREATIES-5 of 3 February 1995 (corrigendum) and C.N.337.1994.TREATIES-3 of 3 February 1995.  
    C.N.231.1996.TREATIES-3 of 12 July 1996 and C.N.54.1997.TREATIES-1 of 31 March 1997. 
Secretary-General  Annex I**  C.N.34.1998.TREATIES-1 of 18 February 1998 
Secretary-General  Article 18  C.N.57.1998.TREATIES-2 of 26 February 1998 
Secretary-General  Annex 3***  C.N.1038.1999.TREATEIS-3 of 23 November 1999 and C.N.347.2000.TREATIES-7 of 5 June 2000 
Italy  Article 18  C.N.257.2003.TREATIES-3 of 27 March 2003 and C.N.521.2003.TREATIES-4 of 29 May 2003 
Germany  Annex I****  C.N.1177.2005.TREATIES-4 of 1 December 2005 
Germany  Annex I, Appendix 1****  C.N.1180.2005.TREATIES-4 of 1 December 2005 
Working party  Article 2 and Annexes 1 and 2*****  C.N.673.2006.TREATIES-2 of 29 August 2006 

* The objection by Italy applies only to the amendments proposed by Germany to annex 1, appendix 2, paragraphs 6, 8, 10 and 18 of the Agreement.

** On 11 November 1998, the Government of the Federal Republic of Germany informed the Secretary-General that "[it] had accepted the proposals, transmitted by C.N.309.1997.TREATIES-2 to amend the ATP Agreement after having fulfilled the conditions necessary for such acceptance.''.

*** On 25 April 2000, the Government of Germany notified the Secretary-General that although it intended to accept the proposal, the condtions necessary for such acceptance were not yet fulfilled.

**** On 16 november 2005 the Government of Germany notified the Secretary-General that "The Federal Republic of Germany objects that the amendments dated 27 June 2005 and 13 July 2005 were not consolidated. This would have been advisable for reasons of efficiency since the two amendments were made in close succession. The amendment dated 27 June 2005 concerns Annex 1, Appendix 1, paragraphs 2 and 4 of the ATP. Both paragraphs were however redrafted by the amendment of 13 July 2005, which contains a new version of the entire Annex 1 of the ATP and did not take account of the amendments of 27 June 2005. The revised version of Annex 1 therefore does not reflect the latest changes to those paragraphs. It is thus necessary for the amendments of 27 June 2005 to be considered before the new version enters into force".

***** On 14 August 2006, the Government of Germany notified the Secretary-General that "The Federal Republic of Germany objects to the proposal (amendments to Article 2 and Annexes 1 and 2 to the ATP) transmitted by C.N.261.2006.TREATIES-1 Reissued of 5 April 2006.

First of all the Federal Republic of Germany objects to the proposed deletion of Article 2, third sentence of the ATP. According to this sentence each Contracting Party can recognize the validity of certificates stating the compliance with the standards of the ATP and issued by the competent authorities of Non-Contracting Party in conformity with the requirements of annex 1, appendices 1 and 2 to this Agreement. There is no apparent reason why this form of recognition should no longer apply.

The Federal Republic of Germany also objects to the amendments of the text of annexes 1 and 2 of the ATP which consist for the most part in a mere rectification. Only in a few cases do they contain significant changes such as the regulations on the Kit bodies. It is not immediately clear which amendments imply real innovations and which simply include editorial rewording. The Federal Republic of Germany therefore requests a revised version of the text of the annexes 1 and 2 to the ATP, i.e. a consolidated text without modification instructions. A new version will be needed in any case in order to make the ATP easier for users to read.

The Federal Republic of Germany therefore suggests the following modification procedure consisting of two logical steps:

1. First of all annexes 1 and 2 to the ATP would be modified to only take account of the actual technical innovations adopted by the Working Party during the 60th and 61st sessions.

2. Subsequently, the text of annexes 1 and 2 to the ATP would be completely rectified with the objective of producing a consolidated version of annexes 1 and 2."

In accordance with the provisions of paragraph 2 and 4 of article 18 of the Agreement, the proposal of amendments to Article 2 and Annexes 1 and 2 of the ATP is deemed not to have been accepted and is of no effect, the objection by the Government of Germany having been received by the Secretary-General before the expiry of the six-month period provided for in article 18 (2), i.e. before 29 September 2006.


6. The former Yugoslavia had acceeded to the Agreement on 21 November 1975. See also note 1 under "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.


7. Czechoslovakia had acceded to the Convention on 13 April 1982, with a reservation and a declaration. For the text of the reservation and the declaration, see United Nations, Treaty Series , 1272, p. 439. See also note 1 under "Czech Republic" and note 1 under "Slovakia" in the "Historical Information" section in the front matter of this volume.


8. The Agreement was first signed without reservation as to ratification by the French Plenipotentiary on 20 January 1971. The signature affixed on 1 March 1971 signifies the approval of the text of the Agreement as corrected in accordance with the decision taken by the Inland Transport Committee of the Economic Commission for Europe at its thirtieth session (1 to 4 February 1971).


9. The German Democratic Republic had acceded to the Agreement on 14 April 1981 with a reservation and a declaration. For the text of the reservation and the declaration, see United Nations, Treaty Series , vol. 1223, p. 419. See also note 2 under "Germany" in the "Historical Information" section in the front matter of this volume.


10. See note 1 under "Germany" regarding Berlin (West) in the "Historical Information" section in the front matter of this volume.


11. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.


12. For the Kingdom in Europe.


13. In a notification received on 6 May 1994, the Government of Bulgaria notified the Secretary-General that it had decided to withdraw the reservation made upon accession to article 15 (2) and (3). For the text of the reservation, see United Nations, Treaty Series , vol. 1066, p. 347.


14. On 16 October 1997, the Government of Poland notified the Secretary-General that it had decided to withdraw its reservation with regard to article 15, paragraphs 2 and 3 of the Agreement made upon accession. For the text of the reservation see United Nations, Treaty Series, vol. 1314, p. 287.