Cross-frontier transport of perishable food

Original Language Title: Wet grensoverschrijdend vervoer van aan bederf onderhevige levensmiddelen

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Act of 29 June 1978 on the adoption and implementation of the Agreement established in Geneva on 1 September 1970 concerning international transport of perishable foodstuffs and the use of special means of transport in this field transport (ATP), with attachments

We Juliana, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we considered that the Convention on International Carriage of Ishable foodstuffs and the use of special means of transport in this transport (ATP) was adopted in Geneva on 1 September 1970. Annexes, following: Article 60, second paragraph, of the Constitution the approval of the States-General need to be ratified before it has been ratified;

that such ratification requires the setting up of rules to implement the Agreement;

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:


Article 1

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The Convention on the international carriage of perishable foodstuffs and the use of special means of transport in this transport (ATP), adopted in Geneva on 1 September 1970, with Annexes of which the English and French texts were adopted in Geneva on 1 September 1970. and the translation in Dutch in Tractatenblad 1972, 112 were placed, is approved for the Netherlands.


Article 2

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • (a) "Agreement" shall mean the Article 1 Said Agreement;

    • b. "perishable food" means the foodstuffs referred to in Annexes 2 and 3 to the Agreement, which appear to be intended for human consumption;

    • c. "cross-border transport" means the transport of goods where at least the border between two countries is exceeded from the place of loading to the place of unloading of such goods, including loading and unloading;

    • d. "freight wagon" means a vehicle, designed for the carriage of goods, for the purpose of being propelled by rail.

    • e. "lorry" means a driving or vehicle, designed for the carriage of goods, on more than two wheels, intended to be propelled by road only or partly by mechanical force, on or on the driving or vehicle itself, or by electric traction with a power supply from elsewhere;

    • f. "means of transport" means a freight wagon, including a loading box, or a truck, including a loading box, a trailer or a semi-trailer is co-understood.

  • 2 This law shall apply only to transboundary movements of perishable foodstuffs with means of transport by rail or road or in part by rail and in part by road.

  • 3 This law does not include the carriage of goods where the place of loading and the place of unloading is situated in the Netherlands, in a transfrontier transport.


Article 3

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It shall be prohibited to designate means of transport for the cross-border transport of foodstuffs intended for sale as 'isolated', 'non-mechanically refrigerated', 'mechanically cooled' or 'heated' means of transport unless To comply with the definitions and standards laid down in Annex 1 to the Agreement.


Article 4

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In the case of transboundary movements of perishable foodstuffs, the requirements set out in Annexes 2 and 3 to the Agreement should be maintained.


Article 5

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  • 1 For the purpose of cross-border transport of perishable foodstuffs, the means of transport corresponding to the definitions and standards laid down in Annex 1 to the Agreement shall be used. The foregoing shall not apply if the temperatures which can be expected throughout the duration of the transport operation make this obligation unnecessary for compliance with the provisions of Annexes 2 and 3 to the Agreement. temperature requirements. In any case, the choice and use of the means of transport must be such that it is possible to meet the temperature requirements during the whole of the journey.

  • 2 Also, all necessary measures must be taken to maintain the prescribed temperatures during transport.


Article 6

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With the monitoring of compliance with the provisions of the Articles 3 , 4 and 5 , as well as with or pursuant to Article 12 The officials appointed by the decision of Our Minister for Agriculture, Nature Management and Fisheries are responsible.


Article 7

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  • 1 If during transport the Article 4 the foodstuffs must not be presumed to have been put into circulation for the purposes of transport other than those laid down by Our Ministers for Health and the Environment and of the Environment, and Agriculture and fisheries have been authorised to do so. Permission may be associated with the authorization. It shall be refused only in the interest of public health or for the prevention of animal diseases.

  • 2 Our Ministers may determine that for the consideration of a request for authorisation, a fee shall be payable to the State. Our Ministers shall determine the amount of the allowance and the arrangements for payment.

  • 3 The provisions of paragraph 1 shall not apply where and to the extent that the importation or entry into circulation of a foodstuff as referred to in that paragraph is subject to inspection or examination by virtue of any legal requirement.


Article 8

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  • 1 A means of transport is considered to conform only to the description and standards laid down in Annex 1 to the Agreement if this means of transport has been inspected and, in witness, has been provided with a valid certificate of approval issued by a verification establishment competent to that effect in accordance with the application or under Articles 9 and 10 Certain or photocopies thereof.

  • 2 As the competent inspection body for freight wagons, a test body designated by Our Minister for Transport and Water State shall be designated.


Article 9

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  • 1 With respect to

    • a. verification by an inspection body established in the Netherlands;

    • (b) the issue, the period of validity and the model of the certificate of approval;

    • (c) to be indicated on the means of transport, the provisions of Annex 1, Appendix 1 to Annex 4 to the Agreement should be complied with.

  • 2 Our Minister of Transport and Water State shall lay down detailed rules for the verification.

  • 3 The inspection body shall issue the health certificate only if the means of transport has been approved and approved in accordance with the provisions referred to in the first paragraph.

  • 4 The assessment body may require the person who has a certificate of health to recover from that certificate if circumstances arise or are known to be of such a nature that, at the time of the issue of the certificate, it is had existed or been known to have been issued, which would not have taken place. The person concerned shall then be obliged to submit the certificate to the institution without delay.

  • 5 A fee shall be payable for the examination of a request for verification of a means of transport. In the case of freight wagons, our Minister shall determine the amount of the allowance and the means of payment. In the case of lorries, the Office shall determine the amount of the fee and the method of payment, Article 4 q , first paragraph, of the Road Traffic Act 1994 is applicable mutatis mutandis.


Article 10

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With a by the in Article 8, second and third paragraphs The approval body referred to in this Article shall be deemed to be a health certificate:

  • a. Certificate of health certificates issued in accordance with Annex I, Appendix 1, paragraph 4 of the Convention by a competent inspection body in a Contracting Party to the Convention;

  • b. A health certificate issued in accordance with Annex I, Appendix 1 and Annex 2 to the Agreement by a competent inspection body in one of the States designated by our aforementioned Minister, other than the Contracting Party to the Convention.


Article 11

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The driver of a truck carrying out cross-frontier transport of perishable food by a trader established in the Netherlands is obliged to make a claim abroad on the basis of the first claim of the country concerned. -officials responsible for keeping the goods stationary and giving a proper inspection of the certificate of inspection of the means of transport concerned or of a photocopie.


Article 12

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General measures of management may be subject to rules for the implementation of this Act or the Agreement or arrangements referred to in Article 7 of the Agreement.

Derogations may be made from the Articles 3 , 4 , 7 , 8 , 9, 1st Member , and 10 .


Article 13

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  • 1 The provisions of or pursuant to the Articles 3 , 4 , 5 , 8 , and 12 shall also apply to cross-border transport, which is carried out in whole or in part abroad by an economic operator established in the Netherlands.

  • 2 The provisions of or under the Articles 3 , 4 , 5 , 8 , 11 and 12 shall also be subject to sea transport over a distance of less than 150 km where the means of transport, in which the goods are located, on a journey prior to or after the transport referred to in paragraph 1, is carried out on a journey to sea carried, without intermediate handling of the goods.

  • 3 Where the carriage by sea takes place over one or more of the routes not covered by the preceding paragraph, any cross-country section, which precedes or follows a journey by sea, shall be regarded as a separate journey.

  • 4. the provisions of the Articles 3 , 4 , 5 , 8 , 11 and 12 shall not apply to land transport which is effected without any interim reduction in the goods, provided that such consignments are preceded or followed by sea travel other than those referred to in the second paragraph of this Article. of this Article.


Article 14

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Article 15

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This law can be cited under the heading 'Transboundary transport of perishable foodstuffs'.

It will enter into force on a time to be determined by Us with the exception of Article 1 that enters into force on the day following the issuance of the State Sheet where this law is placed.

Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, who so concern, will keep their hands on the precise implementation.

Given at Paleize Soestdijk, 29 June 1978

Juliana

The Secretary of State for Transport and Water,

N. Smit-Kroes

The Minister for Foreign Affairs,

C. A. van der Klaauw

The Minister for Health and Environmental Hygiene,

L. Ginyear

The Minister for Agriculture and Fisheries,

Van der Stee

Published the seventeenth August 1978

The Minister of Justice,

J. de Ruiter