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Royal Decree 1010 / 2001, Of 14 September, Which Determine The Competent Authorities In Respect Of The Carriage Of Perishable Goods And Constitutes And Regulates The Commission For The Coordination Of Such Transport.

Original Language Title: Real Decreto 1010/2001, de 14 de septiembre, por el que se determinan las autoridades competentes en materia de transporte de mercancías perecederas y se constituye y regula la Comisión para la Coordinación de dicho transporte.

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TEXT

The transport of perishable goods, carried out in Spain, is subject to the powers of various ministerial departments, which advises, on the one hand, to clarify precisely the competent authorities and their specific tasks in relation to this type of transport, and, on the other, to set up a Commission for its coordination, acting as a forum for dialogue between all the parties involved, and to ensure the harmonious exercise of these powers. and unify the criteria for the application of the current legislation, currently disseminated and lack of a specific regulation as far as the transport itself is concerned.

The creation of such a Commission will facilitate the development of a specific regulation that will regulate in an efficient way the realization of the transport of perishable goods, considering in its entirety both the conditions that currently In the various technical and health regulations as laid down in the technical provisions of the ATP (Agreement on International Transport of perishable Goods and on Special Vehicles Used in These Transport, in Geneva) on 1 September 1970, updated as at 1 January 1998), technical conditions to be met by vehicles and by unifying the inspection and control criteria.

The Commission for the Coordination of the Transport of Perishable Goods will also be responsible for the technical aspects of the representation of Spain with the various international bodies dealing with the matter.

In this Commission all ministerial departments will be represented with competences in the transport of perishable goods and the different Autonomous Communities. Representatives of the various sectors concerned and, in general, any other persons or entities which may be involved in the subcommittees and working groups which may be set up in plenary or in the Standing Committee may also participate. Knowledge on the subject is considered convenient.

Finally, the assumption by the Technical Secretariat of Transport, under the Assistant Secretary for Development, of the functions of the managing body of the Commission for the Coordination of the Transport of Perishable Goods, and the provision of Administrative and technical support to the latter and its bodies, on the basis of its technical and specialised nature, will allow for greater agility in the exercise of the functions of that Commission.

In its virtue, on the proposal of the First Vice President of the Government and Minister of the Interior and the Ministers of Development, Foreign Affairs, Agriculture, Fisheries and Food, Health and Consumer Affairs, and Science and Technology with the approval of the Minister of Public Administration and after deliberation by the Council of Ministers at its meeting on 14 September 2001,

DISPONGO:

Article 1. Ministerial departments responsible for the transport of perishable goods.

In international agreements concerning the transport of perishable goods in which Spain is a party, and in the national regulations on the different modes of transport of such goods, the expression " authority " shall be understood, without prejudice to the powers conferred on the Autonomous Communities, to the following ministerial departments:

(a) To the Ministry of the Interior, in respect of the regulations of traffic and movement of vehicles, driving and accompanying, training and declaration of suitability of drivers and the issue of the corresponding administrative authorisations for the driving of vehicles; control and surveillance, without prejudice to those in the field of their respective powers, to be carried out by the Departments referred to in this Article; infrastructure with the establishment of itineraries, if necessary, where the transport of the Perishable goods; management and coordination in the event of an accident, prior to the favourable report of the Minister for Public Works; and, in general, in all matters relating to the safety of road traffic and all the provisions in force to that Ministry.

b) To the Ministry of Science and Technology, as regards the fixing of the characteristics of the units dedicated to the transportation of perishable goods, prior to the favorable report of the Ministry of Public Works (a) the management of the transport of such goods; technical regulations on the inspection of vehicles and transport units and on loading and unloading facilities; international certificates of special authorization for transport; technical regulations for the approval of type of transport units; and In general, as soon as the provisions in force are entrusted to the Ministry.

(c) to the Ministry of Public Works, with regard to the management of the transport of perishable goods; the regulations on documentation, flags, enabling authorizations to carry out transport, as well as the control and surveillance of their compliance; and, in general, as soon as the provisions in force are entrusted to the Ministry. The Ministry of Public Works shall also be competent to conclude the Agreements and to grant the authorizations, in cases where such powers are entrusted to the Administrations by the ATP or other international agreements. the competent authorities of the Member States, after reporting by the Standing Committee referred to in Article 6 of this Royal Decree.

(d) to the Ministry of Agriculture, Fisheries and Food, as regards the conditions under which the transport, storage, loading and unloading of products of animal or plant origin are carried out in the field of their competence.

(e) to the Ministry of Health and Consumer Affairs, in respect of the determination of the hygienic-sanitary conditions of the transport, storage, loading and unloading of goods of animal or plant origin intended for use or human consumption, in the field of its competences.

(f) To the Ministry of Foreign Affairs, as regards the exercise of the representation of Spain vis-à-vis international organizations in the transport of perishable goods, in coordination with the other Competent ministerial departments; the accreditation of the Spanish representatives to these agencies; the processing of any modification of the ATP and any other Agreement related to it.

Article 2. The Commission for the Coordination of Transport of Perishable Goods. Constitution and Finnish.

The Commission for the Coordination of the Transport of Perishable Goods, as an inter-ministerial collegiate body attached to the Subsecretariat of Promotion, is constituted for the following purposes:

(a) Coordinate the powers of the ministerial departments set out in the previous article, in all matters concerning the transport of perishable goods and the application of the existing provisions governing them, being required to obtain their report by the various Ministries in relation to any provision they may have to make on this matter.

(b) Serve as a liaison agency in relations with international organizations in the transport of perishable goods through the Ministry of Foreign Affairs and in agreement with the Ministry of Foreign Affairs.

Article 3. Functions of the Commission.

For the purposes of the above Articles, it is for the Commission for the Coordination of Transport of Perishable Goods to exercise the following functions:

a) Inform preceptively the proposals for amendments to national regulations and promote the appropriate procedure for their approval.

b) Inform preceptively the proposals for amendments to international regulations. Where the proposal comes from the Spanish competent authority, it shall carry out the necessary actions to promote its approval.

(c) Propose to the Ministry of Foreign Affairs the names of persons to participate in international meetings on the transportation of perishable goods.

d) Discover legislation on the transport of perishable goods.

e) Set the information and dissemination criteria for how many aspects are related to the functions and activities of the Commission.

f) Issue the reports and studies that were requested to you.

g) Interpret the provisions of the Agreement on International Carriage of Perishable Goods and on Special Vehicles Used in These Transport.

Article 4. Bodies of the Commission.

It will be the bodies of the Commission for the Coordination of the Transport of Perishable Goods, the Plenary and the Permanent Commission.

Article 5. The plenary session of the Commission.

1. The plenary session of the Commission for the Coordination of the Transport of Perishable Goods shall be composed of:

1.or The President, who will be the Assistant Secretary for Development, who will be able to delegate his powers to that of the Vice-Presidents who would have been appointed on a proposal from the Ministry of Public Works.

2.or Six Vice-Presidents, to be appointed by the Assistant Secretary for Development, on a proposal, respectively, from the Ministries of Foreign Affairs, Interior, Development, Agriculture, Fisheries and Food, Health and Consumer Affairs, and Science and Technology, among the vocal representatives of these Departments.

3.or Thirty-one vowels, distributed as follows:

a) One by the Ministry of Foreign Affairs, to be appointed by the Director-General of International Economic Relations.

b) Two by the Ministry of the Interior, at the rate of one vowel for each of the following governing bodies: Directorate General of the Civil Guard and General Directorate of Traffic.

c) Four by the Ministry of Public Works, which will be appointed by the Directors-General for Road Transport, Railways, Civil Aviation and the Merchant Navy, respectively.

d) Two by the Ministry of Science and Technology, to be appointed by the Director-General of Technology Policy.

e) Two by the Ministry of Agriculture, Fisheries and Food, to be appointed by the General Secretariat of Agriculture and the Director General of Food.

(f) Two by the Ministry of Health and Consumer Affairs, appointed by the Director-General of Public Health and Consumer Affairs.

g) One for each of the Administrations of the Autonomous Communities with competence in the field of transport, with a minimum rank of Director-General.

h) An official, technical staff, representative of the Technical Secretariat of Transport.

2. The vowels referred to in paragraphs (a), (b), (c), (d), (e) and (f) above shall be appointed between officials of the respective management bodies, with a minimum rank of Deputy Director-General, except the representative of the Directorate-General. General of the Civil Guard who may be of lower rank than Deputy Director General.

Article 6. The Standing Committee.

The Permanent Commission shall be composed of the President, the six Vice-Presidents and the representative of the Technical Secretariat for Transport.

The Standing Committee shall be the body responsible for providing the guidelines to which the members of the Commission's representations for the Coordination of Transport of Goods are to be subject to their action. Perishable persons, who participate in international meetings on the transport of perishable goods, unless this faculty is sought by the plenary.

The Permanent Commission will be able to carry out, by the express delegation of the plenary, the functions in the field of study, the issuance of reports, the impetus of the procedures, the proposal and the disclosure of the legislation, referred to in the paragraphs (a), (b), (c), (d) and (f) of Article 3 of this Royal Decree.

Article 7. Subcommittees and working groups.

Both within the plenary and the Standing Committee, subcommittees and working groups may be set up to carry out the studies and reports entrusted to them.

In subcommittees and working groups representatives of the sectors concerned may be involved, whether they are cold transport companies, vehicle manufacturers, consumers or others.

Article 8. The Secretary.

He will act as Secretary, both in the plenary and in the Permanent Commission, an official of the Subsecretariat of Fomento, designated for that purpose by the Secretary of Public Works.

It shall be for the Secretary, the exercise of the functions laid down in Article 25 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 9. Administrative and technical support to the Commission and its bodies.

The Technical Secretariat for Transport, under the responsibility of the Assistant Secretary for Development, will provide administrative and technical support to the Commission and its bodies, and will assume the functions of the Commission's managing body. It shall be responsible for informing and proposing the measures and resolutions concerning the powers of the Commission, as well as carrying out the implementation of their agreements.

The representative of the Technical Secretariat of Transport will be responsible for the direction and coordination of the Spanish delegations in the international meetings on the transportation of perishable goods when the is exercised by the Ministry of Foreign Affairs.

Article 10. Participation and collaboration with the Commission.

The plenary and the Permanent Commission, when the nature of the matters to be dealt with this requires, will be able to request the assistance, both to the sessions of the subcommittees and the working groups, as advisers, to the representatives of the National Road Transport Committee or the National Land Transport Council, as well as any other undertakings, entities, bodies or associations involved in the transport of perishable goods, or other people who for their knowledge on the subject would be suitable.

Article 11. Operation of the Commission.

1. The system of operation of the Commission shall be that laid down for the bodies referred to in Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Administrative Procedure. Common, without prejudice to the peculiarities provided for in this Royal Decree.

2. In accordance with Article 22 (2) of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure, the Commission shall have the power to adopt its own rules of procedure. operation.

Final disposition first. No increase in public spending.

The approval of this Royal Decree will not increase public spending. The organisation and operation of the Commission for the Coordination of the Transport of Perishable Goods shall be carried out with the material and personal means of the Subsecretariat of Public Works.

Final disposition second. Development enablement.

The First Vice President of the Government and Minister of the Interior, and the Ministers of Development, Foreign Affairs, Agriculture, Fisheries and Food, of Health and Consumer Affairs, and of Science and Technology will dictate or propose, together or separately, according to the matters in question, the provisions required by the development of this Royal Decree.

Final disposition third. Entry into force.

This Royal Decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid on September 14, 2001.

JOHN CARLOS R.

The Minister of the Presidency,

JUAN JOSE LUCAS GIMENEZ