CELEX: 51976PC0429
Language: en
Date: 1976-07-28
Title: Proposal for a Council Decision concerning the entry into force of the Agreement on the international carriage of perishable foodstuffs and on the special equipment to be used for such carriage (ATP) (submitted to the Council by the Commission)

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DE LA COMMISSION
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DOCUMENTS "COM"
COM (76) 429
Vol. 1976/0129
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                 \               COM(76)429 final.
                                                 Brussels , 28 July 191 6 ,
                                                                            /
                   Proposal for a Council Decision
   concerning the entry into force of th^ Agreement on the international
   carriage of perishable foodstuffs and on the special equipment to "be
  used for such carriage (AT?)
                   ( submitted to the Council "by the Commission)
                 \
                                         \
r                           r
 COM (7 6 ) 429 final .
 ---pagebreak---                                Explanatory Memorandum
    1.        On 1 September 197 ^* "the United Nations' Economio Commission for
    Europe published the Agreement on the international carriage of perishable
    foodstuff and on the special equipment to "be used for such carriage (ATP).
              The Agreement was opene^ for signature on 31 May 1971 and , when
    enough countries had signed , i^^nter into force on 21 November 197^»
              The nine Member States of the Community contributed to the drafting
    of the AT? and at the present time Franoe and the Federal Republio of
    Germany have already ratified it .
              The ATP Agreement lays down that the carriage of chilled or deep-
    frozen foodstuffs and milk products , meat , fish and game between signatory
    States by rail and road or a combination of the two , must , depending on the
    case , be carried out using insulated and refrigerated equipment which meets
    spsoific standards and conditions .
    2.        The Commission attaches great importance to the entry into force
  . of the ATP , which it regards as an essential pre-requisite for the esta­
    blishment of uniform regulations for the carriage of perishable foodstuffs
    which will apply to a geographical area larger than the territory of the
    nine Member States . Implementation of this Agreement will unquestionably
    help to improve the conservation of the quality of perishable foodstuffs
    during transport and particularly as regards trade between the Community
    and non-member countries : improved conditions of conservation 'are also
    likely to lead to an increase in the trade of perishable foodstuffs
    between the Comrrunity and non-member countries .
   3.         Within th« Community the public health conditions under which
    certain perishable x'oodstuffs are transported between Member States are
    aubject to the following Community regulations :
   - Council Directive 64/433/EEC of 26 June 19^4 on health problems affecting
       intra-Community trade in fresh meat ,
   - Council Directive "Jl/llQ/ESG of 15 February 1971 011 health problems
       affecting trade in fresh poultrymeat (Annex I , Chapters IX , X and Xl) ,
   - Council Directive 72/462/EEC of 12 December 1972 on health and veterinary
       inspection problems upon importation of bovine animals and swine and
       fresh meat from third countries (Annex I - Chapters XI , XII and XIIl ),
f
\
 ---pagebreak--- - Council Directive 75/ 431/330 of 10 'July 1975 amending Directive 'Jl/llQ/'EEQ
   on health problems affecting trade in fresh poultryraeat .
          There is no contradiction between the Community provisions and the
standards laid down in the ATP .
4.        The ECE and the Commission have received a proposal from the
Danish Government to add provisions to the ATP on maintenance inspections
of the equipment to be used for the carriage fo perishable foodstuffs , and
to amend the terms in the ATP regarding the maximum temperature for the
transport of "butter , fish and milk.
          This Government then withdrew these proposals from the ECE Working
Party on the carriage of perishable foodstuffs pending a decision at a
Community level .
          These problems have been considered by the Commission and the
Council but joint presentation by the Member States of a request for
amendments to the Agreement ia not possible at this stage . It was therefore
agreed that the main need was for the Community to accede to the Agreement
as quickly as possible in order to avoid differences in transport arran­
gements between the ]Jine - or some Community countries – and non-member
countries ''who are signatories to the Agreement .
5.        The regulations prescribed by the ATP for the carriage of peri­
shable foodstuffs arealso of major significance for the common transport
policy .
          Indeed , it would severely prejudice the harmonization of the
conditions of competition and the smooth functioning of the transport
market if the carriers specializing in these categories of foodstuffs were
subject to different rules , as would be the case if all the Member States
did not apply ths. A TP provisions .
6.        Since the AT ? covers an area within the scope of Community regu­
lations on health conditions in the transport of certain perishable
foodstuffs , the procedure laid down by Article 228 should in theory be
applied in respect of the Community ; however , the special circumstances
surrounding the negotiations for the Agreement taay t by way of exception ,
justify the application of an ad hoc procedure , bearing in mind the
judgment of the Court of Justice in Cp.sa 22/70 of 31 March 1971 " This
procedure should provide for the joint deposit of the instruments of
ratification or accession of the Member States acting together in the
interest and on behalf of the Community ,, The Community nature of this
concerted action would be sanctioned by the deposit of the instruments of
the Member States by a single authorised representative , namely a repre­
sentative of the Member State holding the presidency of the Council .
 ---pagebreak---          The French and German Governments , having already deposited their
instruments of accession to the Agreement should , in order that their
accession may "be identified with the Community action , send a letter to
the Secretariat-General of the United Xations stating that they acceded
in the name and on behalf of the Community.
 ---pagebreak---                                        Proposal for a
                                   .. Council Decision
 ; concerning "the entry into foroe of the Agreement on the international
 • carriage of perishable foodstuffs and on the special equipment to be
 1 used for such carriage (ATP)
   THE COUNCIL OP THE EUROPEAN COMMIT XES ,                                  ,
   Having regard to the Treaty establishing the European Economic Conmronity ,
   and in particular Article 43 } 75         H3 thereof ,
 , Having regard to the proposal from the Commission ,
 ■ Having regard to the Opinion of the European Parliament ,
. Having regard to the Opinion of the Economic and Social Committee ,
   Whereas the Agreement on the international carriage of perishable food­
   stuffs and on the special equipment to be used for such carriage (ATP)
   of 1 September 1970 was open to signature until 31 March 1971 and. there­
   after to aocession by the Member States of the Economic Commission for
   Europe and by the States admitted to the Commission in an advisory capacity,
   and whereas the Agreement will enter into force on 21 November 1976 ;
   Whereas - the entry into force of . the ATP will improve
      the conditions for preserving the quality of perishable foodstuffs
   during carriage , and in particular in the course of trade between the
   Community and third countries , and whereas , furthermore , such improved
    conditions are likely to increase the trade in perishable foodstuffs
   between the Community and third countries ;
   Whereas the entr„ into force of the ATP Agreement is the only means of
   introducing in as many European countries as possible , uniform regulations
   on the international carriage of perishable foodstuffs ;
   Whereas the field covered by the ATP falls within the scope of Community
   legislation on the health and hygiene conditions for intra-Commuriity
   transport operations and the import of meat from third countries "1", and
   also within the scope of the common policies on trade , agriculture and
   transport , and whereas , in consequence , it lies in the power of the
   Community to conclude this Agreement .*
    Directive   No 64/433/SEC of 26,6.1964 - C.7 No 121 , 29.7.I964 .
    Directive   No 7l/ll8/EEC of 15.2.1971 - 0J No L 55 , 3.3.1971.
    Directive   No 72/462 /EEC of 12.12.1972 - 0J No L 302 , 31.12.1972.
    Directive   No 75/43 l/EEC of 10.7.1975 - QJ B'0 L 192 , 24.7.1975 .
                                                                         /•
 ---pagebreak--- Khereas , however , the ATP negotiations ware completed before the expiry of
 the transition period and the present text of the agreement dots not
 permit the accession of the Community ; whereas the special circumstances
 surrounding the negotiations justify , by way of exception , a joint deposit
 of their instruments of ratification or accession by the Member States
 of the Community , acting together in the interest and on behalf of the
 Community and in anticipation of subsequent accession by the Community,
HAS ADOPTED Tiffi! FOLLOWING DECISION :
                                 Article 1
 1.      Member States shall ratify or accede to the Agreement on the
     international carriage of perishable foodstuffs and on the special
     equipment to "be tiaed for such carriage ( ATP) before 2X. Jio>vember 1976
2.   They shall dispatch their instruments of ratification or accession
     to the Secretariat of the Council immediately after completion of the
     ratification or accession procedure .
3.   The instruments of ratification or accession of the Member States
     shall be deposited jointly with the Secretariat General of the
     United Nations Organization by the representative of the Member
     State holding the presidency of the Council , who shall . act on
     behalf of the Community , at a date as close as possible to 2X Jitwjber 1976
                                Article 2
           This Decision is addressed to the Member States .
                                        Done at Brussels ,
                                        For the Council
                                        The President