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СОГЛАШЕНИЕ О МЕЖДУНАРОДНЫХ ПЕРЕВОЗКАХ СКОРОПОРТЯЩИХСЯ ПИЩЕВЫХ ПРОДУКТОВ И О СПЕЦИАЛЬНЫХ ТРАНСПОРТНЫХ СРЕДСТВАХ, ПРЕДНАЗНАЧЕННЫХ ДЛЯ ЭТИХ ПЕРЕВОЗОК (СПС/ATP) [АНГЛ.] (ЗАКЛЮЧЕНО В Г. ЖЕНЕВЕ 01.09.1970) (С ИЗМ. И ДОП. ОТ 30.09.2000)

Документ по состоянию на 23 января 2008 года

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                               AGREEMENT
        ON THE INTERNATIONAL CARRIAGE OF PERISHABLE FOODSTUFFS
              AND ON THE SPECIAL EQUIPMENT TO BE USED FOR
                          SUCH CARRIAGE (ATP)
                                   
                          (Geneva, 1.IX.1970)
   
                   (as amended on 30 September 2000)
   
       The Contracting Parties,
       desirous  of  improving the conditions of preservation  of  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 I. SPECIAL TRANSPORT EQUIPMENT
   
                               Article 1
   
       For   the  international  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 2
   
       The  Contracting Parties shall take the measures  necessary  to
   ensure  that  the  equipment referred  to  in  article  1  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 certificates of  compliance  issued  in
   conformity with annex 1, appendix 1, paragraph 4 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  and 2, to this Agreement by the competent  authority
   of a State not a Contracting Party.
   
            Chapter II. USE OF SPECIAL TRANSPORT EQUIPMENT
               FOR THE INTERNATIONAL CARRIAGE OF CERTAIN
                         PERISHABLE FOODSTUFFS
   
                               Article 3
   
       1. 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 paragraph  2
   of  this article - by rail, by road or by a combination of the two,
   of
       - quick (deep)-frozen 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 equipment 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  this
   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 150 km on condition that  the
   goods  are  shipped  in  equipment used for  the  land  journey  or
   journeys  without transloading of the goods and that 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 paragraphs 1 and 2 of this
   article,  the Contracting Parties need not apply the provisions  of
   article  4  of  this  Agreement to the carriage of  foodstuffs  not
   intended for human consumption.
   
                               Article 4
   
       1.  For the carriage of the perishable foodstuffs specified  in
   annexes  2  and 3 to this Agreement, the equipment referred  to  in
   article  1  of this Agreement shall be used unless the temperatures
   to  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  be
   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  paragraph  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 for them.
       2.  If  during carriage under this Agreement the provisions  of
   paragraph 1 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 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  as  it  is  not
   incompatible with the other international undertakings referred  to
   in  the last sentence of paragraph 1 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  paragraph  1  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, 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 to 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 paragraph 1 of this article shall  rest,
   subject to the provisions of paragraph 3 of this article,
       - in the case of transport for hire 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;
       -  in  other cases with the person, whether an individual or  a
   corporate body, who performs carriage.
   
                 Chapter III. MISCELLANEOUS PROVISIONS
   
                               Article 5
   
       The provisions of this Agreement shall not apply to carriage in
   containers   classified  as  thermal  maritime  by   land   without
   transloading  of  the  goods where such  carriage  is  preceded  or
   followed  by  a sea crossing other than a sea crossing as  referred
   to in article 3, paragraph 2, of this Agreement.
   
                               Article 6
   
       1.  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 Contracting 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.
   
                               Article 7
   
       The  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 particularly  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  shall  be  transmitted  to   the
   Secretary-General  of  the United Nations,  who  shall  communicate
   them  to  Contracting  Parties  to this  Agreement  which  are  not
   signatories of the said agreements.
   
                               Article 8
   
       Failure  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 IV. FINAL PROVISIONS
   
                               Article 9
   
       1.  States  members of the Economic Commission for  Europe  and
   States admitted to the Commission in a consultative capacity  under
   paragraph  8  of  the  Commission's terms of reference  may  become
   Contracting Parties to this Agreement
       (a) by signing it;
       (b)  by  ratifying it after signing it subject to ratification;
   or
       (c) by acceding to it.
       2.  States which may participate in certain activities  of  the
   Economic   Commission  for  Europe  under  paragraph  11   of   the
   Commission's terms of reference may become Contracting  Parties  to
   this Agreement by acceding thereto after its entry into force.
       3. This Agreement shall be open for signature until 31 May 1971
   inclusive. Thereafter, it shall be open for accession.
       4.  Ratification or accession shall be effected by the  deposit
   of an instrument with the Secretary-General of the United Nations.
   
                              Article 10
   
       1.  Any State may at the time of signing this Agreement without
   reservation  as to ratification or of depositing its instrument  of
   ratification  or  accession or at any time  thereafter  declare  by
   notification  addressed  to  the Secretary-General  of  the  United
   Nations that the Agreement does not apply to carriage performed  in
   any  or  in  a  particular one of its territories situated  outside
   Europe.  If notification as aforesaid is made after the entry  into
   force  of  the  Agreement  in respect of the  notifying  State  the
   Agreement shall, ninety days after the date on which the Secretary-
   General  has received the notification, cease to apply to  carriage
   in  the  territory  or territories named in that notification.  New
   Contracting  Parties  acceding to ATP as from  30  April  1999  and
   applying  paragraph  1 of this article shall  not  be  entitled  to
   enter  any  objection  to draft amendments in accordance  with  the
   procedure provided for in article 10, paragraph 2.
       2.  Any State which has made a declaration under paragraph 1 of
   this  article  may at any time thereafter declare  by  notification
   addressed to the Secretary-General of the United Nations  that  the
   Agreement  will be applicable to carriage performed in a  territory
   named  in  the notification made under paragraph 1 of this  article
   and  the  Agreement  shall become applicable to  carriage  in  that
   territory  one hundred and eighty days after the date on which  the
   Secretary-General has received that notification.
   
                              Article 11
   
       1.  This Agreement shall come into force one year after five of
   the  States referred to in its article 9, paragraph 1, have  signed
   it  without reservation as to ratification or have deposited  their
   instruments of ratification or accession.
       2.  With  respect to any State which ratifies, or  accedes  to,
   this   Agreement   after  five  States  have  signed   it   without
   reservation  as to ratification or have deposited their instruments
   of  ratification  or  accession, this Agreement  shall  enter  into
   force  one  year after the said State has deposited its  instrument
   of ratification or accession.
   
                              Article 12
   
       1.  Any Contracting Party may denounce this Agreement by giving
   notice  of  denunciation  to the Secretary-General  of  the  United
   Nations.
       2.  The denunciation shall take effect fifteen months after the
   date  on  which  the  Secretary-General  received  the  notice   of
   denunciation.
   
                              Article 13
   
       This  Agreement  shall cease to have effect if  the  number  of
   Contracting  Parties  is less than five throughout  any  period  of
   twelve consecutive months after its entry into force.
   
                              Article 14
   
       1.  Any State may at the time of signing this Agreement without
   reservation  as to ratification or of depositing its instrument  of
   ratification  or  accession or at any time  thereafter  declare  by
   notification  addressed  to  the Secretary-General  of  the  United
   Nations  that this Agreement will be applicable to all  or  any  of
   the  territories  for  the international relations  of  which  that
   State  is  responsible. This Agreement shall be applicable  to  the
   territory  or  territories named in the notification  as  from  the
   ninetieth  day after receipt of the notice by the Secretary-General
   or,  if  on that day the Agreement has not yet entered into  force,
   as from its entry into force.
       2.  Any State which has made a declaration under paragraph 1 of
   this  article  making this Agreement applicable to a territory  for
   whose  international relations it is responsible may  denounce  the
   Agreement  separately  in respect of that territory  in  conformity
   with article 12 hereof.
   
                              Article 15
   
       1.   Any  dispute  between  two  or  more  Contracting  Parties
   concerning  the  interpretation or application  of  this  Agreement
   shall so far as possible be settled by negotiation between them.
       2.  Any  dispute which is not settled by negotiation  shall  be
   submitted  to  arbitration if any one of  the  Contracting  Parties
   concerned  in  the  dispute  so  requests  and  shall  be  referred
   accordingly  to  one  or  more arbitrators  selected  by  agreement
   between those Parties. If within three months from the date of  the
   request  for arbitration, the Parties concerned in the dispute  are
   unable  to  agree on the selection of an arbitrator or arbitrators,
   any  of  those  Parties  may request the Secretary-General  of  the
   United  Nations  to  designate  a single  arbitrator  to  whom  the
   dispute shall be referred for decision.
       3.  The  decision  of the arbitrator or arbitrators  designated
   under  the  preceding paragraph shall be binding on the Contracting
   Parties concerned in the dispute.
   
                              Article 16
   
       1.  Any  State  may,  at  the time of  signing,  ratifying,  or
   acceding  to,  this  Agreement, declare that it does  not  consider
   itself  bound by article 15, paragraphs 2 and 3 of this  Agreement.
   The   other  Contracting  Parties  shall  not  be  bound  by  these
   paragraphs with respect to any Contracting Party which has  entered
   such a reservation.
       2.  Any Contracting Party which has entered a reservation under
   paragraph  1  of  this  article  may  at  any  time  withdraw   the
   reservation  by notification addressed to the Secretary-General  of
   the United Nations.
       3.  With  the  exception  of the reservation  provided  for  in
   paragraph  1  of  this article, no reservation  to  this  Agreement
   shall be permitted.
   
                              Article 17
   
       1.  After this Agreement has been in force for three years, any
   Contracting Party may, by notification addressed to the  Secretary-
   General  of  the  United  Nations, request  that  a  conference  be
   convened for the purpose of revising this Agreement. The Secretary-
   General shall notify all Contracting Parties of the request  and  a
   revision conference shall be convened by the Secretary-General  if,
   within  a  period of four months from the date of the  notification
   sent  by  the  Secretary-General, not less than one  third  of  the
   Contracting Parties signify their assent to the request.
       2.  If a conference is convened in pursuance of paragraph 1  of
   this  article,  the  Secretary-General  shall  so  advise  all  the
   Contracting  Parties and invite them to submit within a  period  of
   three  months,  the  proposals which they wish  the  conference  to
   consider.  The  Secretary-General shall circulate  the  provisional
   agenda  for  the  conference,  together  with  the  text  of   such
   proposals,  to all Contracting Parties not less than  three  months
   before the date on which the conference is to open.
       3.   The  Secretary-General  shall  invite  to  any  conference
   convened  in  pursuance of this article all the countries  referred
   to  in  article  9, paragraph 1, of this Agreement,  and  also  the
   countries  which  have become Contracting Parties  under  the  said
   article 9, paragraph 2.
   
                              Article 18
   
       1.  Any Contracting Party may propose one or more amendments to
   this  Agreement.  The  text  of  any proposed  amendment  shall  be
   communicated  to the Secretary-General of the United  Nations,  who
   shall  communicate it to all Contracting Parties and  bring  it  to
   the  notice  of  all the other States referred  to  in  article  9,
   paragraph 1, of this Agreement.
       The  Secretary-General  may  also propose  amendments  to  this
   Agreement or to its annexes which have been transmitted to  him  by
   the  Working Party on the Transport of Perishable Foodstuffs of the
   Inland Transport Committee of the Economic Commission for Europe.
       2.  Within a period of six months following the date  on  which
   the  proposed  amendment is communicated by the  Secretary-General,
   any Contracting Party may inform the Secretary-General
       (a) that it has an objection to the amendment proposed, or
       (b)  that,  although  it intends to accept  the  proposal,  the
   conditions  necessary for such acceptance are not yet fulfilled  in
   its country.
       3.  If  a  Contracting  Party  sends  the  Secretary-General  a
   communication  as provided for in paragraph 2 (b) of this  article,
   it  may,  so  long as it has not notified the Secretary-General  of
   its  acceptance,  submit  an objection to  the  proposed  amendment
   within  a period of nine months following the expiry of the  period
   of six months prescribed in respect of the initial communication.
       4.  If  an  objection to the proposed amendment  is  stated  in
   accordance  with the terms of paragraphs 2 and 3 of  this  article,
   the  amendment shall be deemed not to have been accepted and  shall
   be of no effect.
       5. If no objection to the proposed amendment has been stated in
   accordance  with paragraphs 2 and 3 of this article, the  amendment
   shall be deemed to have been accepted on the date specified below:
       (a)  if  no Contracting Party has sent a communication  to  the
   Secretary-General  in  accordance with  paragraph  2  (b)  of  this
   article, on the expiry of the period of six months referred  to  in
   paragraph 2 of this article;
       (b)  if at least one Contracting Party has sent a communication
   to  the  Secretary-General in accordance with paragraph  2  (b)  of
   this article, on the earlier of the following two dates:
           - the date by which all the Contracting Parties which sent
       such communications have  notified  the  Secretary-General  of
       their acceptance of the proposed amendment, subject however to
       the proviso that if all the acceptances were  notified  before
       the  expiry  of  the  period  of  six  months  referred  to in
       paragraph 2 of this article the date  shall  be  the  date  of
       expiry of that period;
           - the date of expiry of the period of nine months referred
       to in paragraph 3 of this article.
       6.  Any amendment deemed to be accepted shall enter into  force
   six months after the date on which it was deemed to be accepted.
       7.  The Secretary-General shall as soon as possible inform  all
   Contracting Parties whether an objection to the proposed  amendment
   has  been stated in accordance with paragraph 2 (a) of this article
   and  whether  one  or  more Contracting Parties  have  sent  him  a
   communication  in accordance with paragraph 2 (b) of this  article.
   If   one  or  more  Contracting  Parties  have  sent  him  such   a
   communication,  he  shall subsequently inform all  the  Contracting
   Parties  whether the Contracting Party or Parties which  have  sent
   such  a  communication raise an objection to the proposed amendment
   or accept it.
       8.  Independently  of  the amendment  procedure  laid  down  in
   paragraphs  1  to 6 of this article, the annexes and appendices  to
   this  Agreement may be modified by agreement between the  competent
   administrations   of   all   the  Contracting   Parties.   If   the
   administration  of a Contracting Party has stated  that  under  its
   national  law  its agreement is contingent on special authorization
   or  on  the  approval  of a legislative body, the  consent  of  the
   Contracting  Party concerned to the modification of an annex  shall
   not  be  deemed to have been given until the Contracting Party  has
   notified the Secretary-General that the necessary authorization  or
   approval  has  been obtained. The agreement between  the  competent
   administrations  may  provide that, during a  transitional  period,
   the  old  annexes  shall  remain  in  force,  wholly  or  in  part,
   concurrently  with  the  new annexes. The  Secretary-General  shall
   specify  the  date  of  the  entry into  force  of  the  new  texts
   resulting from such modifications.
   
                              Article 19
   
       In addition to communicating to them the notifications provided
   for  in articles 17 and 18 of this Agreement, the Secretary-General
   of  the  United  Nations  shall notify the States  referred  to  in
   article  9,  paragraph 1, of this Agreement and  the  States  which
   have become Contracting Parties under article 9, paragraph 2, of:
       (a) signatures, ratifications and accessions under article 9;
       (b) the dates of entry into force of this Agreement pursuant to
   article 11;
       (c) denunciations under article 12;
       (d) the termination of this Agreement under article 13;
       (e) notifications received under articles 10 and 14;
       (f)  declarations and notifications received under article  16,
   paragraphs 1 and 2;
       (g)  the  entry into force of any amendment pursuant to article
   18.
   
                              Article 20
   
       After  31  May  1971, the original of this Agreement  shall  be
   deposited  with  the Secretary-General of the United  Nations,  who
   shall  transmit  certified  true  copies  to  each  of  the  States
   mentioned in article 9, paragraphs 1 and 2, of this Agreement.
       In  witness  whereof,  the undersigned, being  duly  authorized
   thereto, have signed this Agreement.
   
       Done  at Geneva, this first day of September, one thousand nine
   hundred  and seventy, in a single copy, in the English, French  and
   Russian languages, the three texts being equally authentic.
   
   
   
   
   
   
                                                               Annex 1
   

 

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